Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda Packet City Council - 06/15/2021
o',A.,5r.,f,�r s City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 _ x w cctexas.com \ Meeting Agenda - Final-revised City Council Tuesday,June 15,2021 11:30 AM Council Chambers 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 ingles es limitado, habra un interprete ingles-espanol 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 Pastor Rob Bailey, Southside Community Church. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Kendall Russell, Flour Bluff Elementary. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 21-0692 PRIDE Month Dynamo Soccer Team Commendation Award Presentation for City Secretary Office Swearing-In Ceremony for Newly Appointed Board, Commission, Committee and Corporation Members. City of Corpus Christi Page 1 Printed on 6/14/2021 City Council Meeting Agenda-Final-revised June 15,2021 F. PUBLIC COMMENT -APPROXIMATELY 12:00 P.M. To speak during this public comment period, you must sign up before the meeting begins. Each speaker is limited to a total of no more than 3 minutes per speaker per meeting. You will not be allowed to speak again on an item when the Council is considering the item. Time limits may be restricted further by the Mayor at any meeting. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Written comments may be submitted at cctexas.com/departments/city-secretary. Electronic media that you would like to use may only be introduced into the City system IF approved by the City's Information Technology (IT) Department at least 24 hours prior to the Meeting. Please contact IT at 826-3211 to coordinate. This is a public hearing for all items on this agenda. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. Lifeguard Staff Recognition b. Neighborhood Services Community Event on June 19 C. FY 2022 Budget Preparation d. Police Chief Recruitment Update e. City Business Plan for Padre Island f. Seawater Desalination Update by Chief Operating Officer Michael Murphy H. BOARD &COMMITTEE APPOINTMENTS: (NONE) I. EXPLANATION OF COUNCIL ACTION: J. BRIEFING: (ITEM 2) 2. 21-0492 North Beach Canal Project Report by Lockwood, Andrews, and Newman Inc on Phase II services which includes probable cost estimates for the three drainage solution options (closed conduit system, open linear park channel, navigable canal) for North Beach. sponsors: Engineering Services K. CONSENT AGENDA: (ITEMS 3 - 17) 3. 21-0691 Approval of the June 8, 2021 Regular Meeting Minutes. sponsors: City Secretary's Office City of Corpus Christi Paye 2 Printed on 6/14/2021 City Council Meeting Agenda-Final-revised June 15,2021 Consent-Second Reading Ordinances 4. 21-0590 Zoning Case No. 0321-02: Ordinance rezoning a property located at or near 1402 Flour Bluff Drive (District 1) from the "RE" Residential Estate District to the "CG-1" General Commercial District, "RS-6/SP" Single-Family 6 District with a Special Permit, "RS-6" Single-Family 6 District, and the "RS-22" Single-Family 22 District. The applicant is The Estate of Hart F. Smith and Juliana Dunn Smith. (Negotiated Alternative Ordinance, Staff recommendation with applicant and Navy consent) sponsors: Development Services 5. 21-0591 Zoning Case No. 0421-03: Ordinance rezoning a property located at or near 3030 Buffalo Avenue and 902 Nueces Bay Boulevard (District 1) from the "CN-1" Neighborhood Commercial District, "CG-1" General Commercial District, and "CG-2" General Commercial District to the "CG-1/SP" General Commercial District with a Special Permit. The applicant is ERF West Side, Inc. (Planning Commission and Staff recommend Approval) sponsors: Development Services 6. 21-0083 Ordinance awarding a construction contract to EMR Elevator, Inc., Corpus Christi, Texas, to upgrade the passenger elevator for the Art Museum of South Texas, located in Council District 1, in an amount of$228,056.00 with FY 2021 funding available from the Bond 2018 Fund, and amending the FY 2020-2021 Capital Budget and Capital Improvement Program. Sponsors: Engineering Services, Asset Management Department and Contracts and Procurement Consent-Public Safety First Reading Ordinances 7. 21-0605 Ordinance authorizing the acceptance of a grant from the Office of the Attorney General - Office of Juvenile Justice and Delinquency Prevention for the Internet Crimes Against Children Task Force program in the amount of$10,000.00 to purchase equipment and supplies for the Internet Crimes Against Children Task Force program within the Police Department; and appropriating the $10,000.00 in the Police Grants Fund. sponsors: Police Department Consent- Contracts and Procurement 8. 21-0642 Resolution authorizing a three-year supply agreement with Casco Industries, Inc., from Houston, Texas, in an amount not to exceed $623,556.90, for the purchase of firefighting protective clothing for the City's Fire Department, effective upon issuance of a notice to proceed, with FY 2021 funding in an amount of$16,321.95 available through the General Fund. sponsors: Fire Department and Contracts and Procurement City of Corpus Christi Page 3 Printed on 6/14/2021 City Council Meeting Agenda-Final-revised June 15,2021 9. 21-0595 Resolution authorizing a two-year service agreement for Bayfront Parks and Medians Turf and Grounds Maintenance Group 1A with Juan Antonio Galnarez, dba Tony's Lawn Service of Rockport, Texas for a total amount not to exceed of$83,280.00; with FY 2021 funding in the amount of $10,410.00 funded through the General Fund. sponsors: Parks and Recreation Department and Contracts and Procurement 10. 21-0630 Motion authorizing a three-year service agreement with two additional one-year options with Juan Antonio Galnarez, dba Tony's Lawn Service of Rockport, Texas for mowing and grounds maintenance of Stormwater Mowing Group 5 North Beach Medians for the Department of Public Works for an estimated amount of$164,088.00, with FY 2021 funding in an amount not to exceed $13,674.00 available through the Stormwater Fund. sponsors: Public Works/Street Department and Contracts and Procurement 11. 21-0639 Motion authorizing a three-year service agreement with Red River Technology, LLC of Claremont, New Hampshire, in an amount of $127,723.08, via DIR Purchasing Cooperative, for Uninterruptible Power Supply Hardware and Services for five Public Safety radio sites, effective upon issuance of a notice to proceed, with FY 2021 funding available in the 2018 Police Radio Communication System Bond. sponsors: Information Technology Services and Contracts and Procurement 12. 21-0653 Motion authorizing the purchase of materials, parts, and equipment from NS Corporation of Inglewood, California ($98,920.70), and from C-D Electric of Corpus Christi ($16,125.00), for a combined amount of $115,045.70, plus shipping costs, for repairs to the Corpus Christi International Airport's Quick Turnaround Facility car wash system, with funding in FY 2021 available through the Airport Customer Facility Charge Fund. sponsors: Aviation Department General Consent Items 13. 21-0588 Resolution authorizing execution of an Interlocal Cooperation Agreement with Coastal Bend Regional Advisory Council for an Ambulance Bus. sponsors: Fire Department 14. 21-0610 Resolution authorizing 12-month extension for Participation Agreement with Walker Holdings and Development, LLC to expand, extend and construct Emory Drive, Silverado Drive, and improve Stormwater Drainage Channels for Calallen South Unit 1, a planned residential development, located on IH-69, south of Northwest Boulevard with a City participation cap of$698,177.56 (District 1) sponsors: Development Services 15. 21-0205 Motion authorizing the amended and restated Management Services City of Corpus Christi Page 4 Printed on 6/14/2021 City Council Meeting Agenda-Final-revised June 15,2021 Agreement between the Corpus Christi Area Convention and Visitors' Bureau and the City of Corpus Christi, Texas. sponsors: Finance &Business Analysis 16. 21-0656 Resolution approving the addition of Robert W. Baird & Co. Incorporated to the City's pool of financial underwriters to be used on as needed rotational basis for issuance of bonds with compensation to firms through the bond proceeds at the time of sale. sponsors: Finance &Business Analysis and Contracts and Procurement 17. 21-0597 Resolution by the City Council of the City of Corpus Christi, Texas, authorizing and approving publication of Notice of Intention to issue not more than $18,500,000 in Certificates of Obligation for certain facility construction and capital improvements; complying with the requirements contained in Securities and Exchange Commission Rule 15c2-12; and providing an effective date. sponsors: Finance &Business Analysis L. RECESS FOR LUNCH M. PUBLIC HEARINGS: (ITEMS 18 - 20) 18. 21-0608 Zoning Case No. 0421-04, Jackie Homes, LLC.: (District 5) Ordinance rezoning property at or near 7602 Yorktown Boulevard from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District and the "CN-1" Neighborhood Commercial District. (Planning Commission and Staff recommend Approval) sponsors: Development Services 19. 21-0609 Zoning Case No. 0421-05, Vision Twenty Investments, LLC.: (District 1) Ordinance rezoning property at or near 14702 Northwest Boulevard from the "FR" Farm Rural District to the "CG-2" General Commercial District. (Planning Commission and Staff recommend Approval) sponsors: Development Services 20. 21-0641 Ordinance adopting a new Flour Bluff Area Development Plan, an element of the Plan CC Comprehensive Plan; rescinding the former Flour Bluff Area Development Plan adopted on September 14, 1993; and amending the Plan CC Comprehensive Plan. sponsors: Planning & Environmental Services N. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 21 - 22) 21. 21-0494 Resolution awarding a professional services contract to Urban Engineering, Corpus Christi, Texas, for design services to Replace Piers A, B, C, D, & L, located in Council District 1, in an amount of$939,767.00, with FY 2021 funding available from the Seawall CIP Fund. City of Corpus Christi Page 5 Printed on 6/14/2021 City Council Meeting Agenda-Final-revised June 15,2021 Sponsors: Engineering Services, Parks and Recreation Department and Contracts and Procurement 22. 21-0606 Resolution awarding a construction contract to Cayo LLC, Fort Worth, Texas, for the Boat Basin Dredging near the Corpus Christi Marina between McGee Beach and R-Pier and Breakwater Repairs at McGee Beach, located in Council District 1, in an amount of$5,704,725.00, with FY 2021 funding available from the Seawall CIP Fund. Sponsors: Engineering Services and Contracts and Procurement O. FIRST READING ORDINANCES: (ITEMS 23 -24) 23. 21-0493 Ordinance awarding a construction contract to J. Carroll Weaver, Sinton, TX, for the reconstruction of Brawner Parkway from Kostoryz Road to Carroll Lane, located in Council District 2, with new asphalt pavement and utility improvements in an amount of$3,728,417.66, with FY 2021 funding available from the Streets Bond 2018, Storm Water, Wastewater, Water, and Gas Funds, and amending the FY 2021 Capital Budget. Sponsors: Engineering Services, Public Works/Street Department and Contracts and Procurement 24. 21-0652 Ordinance amending Chapter 2 of the City Code of Ordinances pertaining to the Airport Board by adding a non-voting ex-officio member to the Airport Board. Sponsors: Aviation Department P. BRIEFING: (ITEM 25) 25. 21-0694 Staffs Recommended Project List for the $67.55 million in the Federal Economic Stimulus Package from the American Rescue Plan Act of 2021. Sponsors: Finance &Business Analysis Q. EXECUTIVE SESSION: (ITEM 26) 26. 21-0700 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 the City Manager evaluation and the employment agreement therewith and Texas Government Code § 551.074 (personnel matters) to deliberate the appointment, employment, evaluation, reassignment, duties, or discipline of a public officer or employee (including, but not limited to, the City Manager). R. ADJOURNMENT City of Corpus Christi Page 6 Printed on 6/14/2021 so �o o� A v µoRPORPg4 AGENDA MEMORANDUM 1852 City Council Meeting of June 15, 2021 DATE: June 15, 2021 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 North Beach Canal Project Report by Lockwood, Andrews, and Newman Inc. on Phase II services which includes cost estimates for the three drainage solution options (navigable canal, open channel, closed conduit system) for North Beach STAFF PRESENTER(S): Name Title/Position Department 1. Jeff H. Edmonds, P. E. Director Engineering Services BACKGROUND: On December 17, 2019, the City of Corpus Christi City Council passed an ordinance authorizing the design and construction of a navigable canal on North Beach in Corpus Christi, Texas. On June 23, 2020, the City of Corpus Christi City Council authorized a Professional Services Agreement with Lockwood, Andrews & Newnam, Inc. (LAN) for Phase I of the project. The phase I scope of services was to define the navigable canal's layout and project limits, determining if the navigable canal would be functional for its intended uses of being navigable and providing drainage relief in North Beach. Additional tasks included traffic impact analysis, water quality analysis, regulatory permit considerations, real estate requirements review and the preparation of a final report. On January 26, 2021, LAN provided a presentation to City of Corpus Christi City Council for the Phase I findings of the project. At that meeting, staff received direction from City Council to have LAN develop cost estimates for three drainage solution options for North Beach to include a navigable canal, open channel, and closed conduit system. On March 16, 2021, the City of Corpus Christi City Council authorized a Professional Services Contract Amendment with LAN for Phase 11 of the project. This briefing will provide a presentation by LAN for the Phase 11 findings of the project. This includes cost estimates for the three drainage solution options (navigable canal, open channel, closed conduit system) for North Beach. City of Corpus Christi 1201 Leopard Street / Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Tuesday,June 8,2021 11:30 AM Council Chambers Addendums may be added on Friday. A. Mayor Paulette M. Guajardo to call the meeting to order. Mayor Pro Tem Hernandez called the meeting to order at 11:33 a.m. B. Invocation to be given by Deacon Jesse Hinojosa, Diocese of Corpus Christi. Deacon Jesse Hinojosa, Diocese of Corpus Christi, gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Libby Foster, Richard King High School. Pat Eldridge, Police Management Services Director, led the Pledge of Allegiance to the Flag of the United States and the Texas Flag. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles K. Risley and City Secretary Rebecca L. Huerta. Present: 8- Council Member Roland Barrera,Council Member Gil Hernandez,CounciI 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 Absent: 1 - Mayor Paulette M. Guajardo E. Proclamations /Commendations: None F. PUBLIC COMMENT: Mayor Pro Tem Hernandez referred to comments from the public. The following citizens spoke in opposition to Item 13: James Cass, 1636 Graham Rd.; Larry Ludka, 1631 Graham Rd.; Susan Ludka, 1631 Graham Rd.; Amrita Reitz, 1818 Graham Rd.; Miles Herndon, 1659 Graham Rd.; Kathleen Herndon, 1659 Graham Rd.; and Karl Folse, 1721 Graham Rd. City of Corpus Christi Page 1 Printed on 611112021 City Council Meeting Minutes June 8, 2021 Jack Gordy, 4118 Bray Dr., spoke about illegal signage and a lawsuit filed by the federal government against the City of Corpus Christi. Susie Luna Saldana, 4710 Hakel Dr., spoke regarding the City Council's role and the City Manager's role in city government. Daniel Pena, 2813 Hillcrest St., spoke regarding potholes and brush pick up in the Hillcrest area. Brian Watson, 5813 Hugo Dr., commended City Manager Zanoni for his professionalism during the pandemic and spoke regarding the speculation of upcoming evictions in mass across the country when the current statutes expire. The following citizens submitted written public comments pertaining to Item 13 which are attached to the Minutes: Amrita Reitz-Rees, 1818 Graham Rd.; and Shirley Thornton. G. South Texas Military Task Force Briefing - Colonel Joseph H. Parker, Commander, Corpus Christi Army Depot Mayor Pro Tem Hernandez referred to the South Texas Military Task Force Briefing. Colonel Joseph Parker, Commander, Corpus Christi Army Depot (CCAD) presented information on the following topics: CCAD employs about one percent of the City of Corpus Christi; the mission of CCAD is to continue to be the world's premier helicopter repair and manufacturing facility; there will be reduced production this year and in 2022, but production should return in 2023; and CCAD modernization framework. H. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Pro Tem Hernandez referred to City Manager's Comments. a. Memorial Day Recap City Manager Zanoni reported on the Memorial Day weekend recap: nine lifeguard stands were set out at the beaches; 40,000 pounds of trash was collected off the beaches; and the public works department and the police department did a good job managing traffic flow. President and CEO of Visit Corpus Christi Brett Oetting presented information on the following topics: The Island Moon; USS Lexington; Texas State Aquarium; Water Street Oyster Bar; Doc's Seafood & Steaks; Padre Escapes; Memorial Day historical occupancy; visitation numbers; Coast Your Own Way Attractions Pass; digital billboards; and save the date for the Gulf Coast Capital Night at Whataburger Field. Council Members and Mr. Oetting discussed the following topics: hotel occupancy tax revenues are currently higher than budgeted; a Council Member's request for an update about the park at Lake Corpus Christi; and in response to a Council Member's question City of Corpus Christi Page 2 Printed on 611112021 City Council Meeting Minutes June 8, 2021 about short-term rental occupancies, it takes about 30 days to obtain those numbers. b. Summer Hours for City Pools and Splash Pads City Manager Zanoni reported on the day of operation for the following City swimming pools and splash pads: Collier Pool open Tuesday through Sunday; Natatorium open Monday through Sunday; West Guth Pool open Wednesday through Sunday; Greenwood Pool open Wednesday through Sunday; HEB Pool open Monday through Sunday; Bill Witt Park Splash Pad, Salinas Park Splash Pad, and Lindale Park Splash Pad open Tuesday through Sunday. Council Members and City Manager Zanoni discussed the following topics: a Council Member requested that a pool be included in the 2022 bond program for the Calallen area; free admission to City swimming pools; and free swim lessons are also provided. C. Science & History Museum Parking Lot Update City Manager Zanoni reported that the Port of Corpus Christi is working on improvements to the parking lot at the Science & History Museum. d. Duke It Out Boxing Program Overview by Coach Joe City Manager Zanoni introduced Coach Joe with the Duke It Out Boxing Program. Coach Joe presented a video about the Duke It Out Boxing Club; currently there are five coaches and 50 boxers, which is the maximum capacity; the program teaches respect, discipline and confidence; and the club is looking for a new facility to house more kids. A Council Member requested that the City Manager provide an update on a new facility for this program. e. Hurricane Preparedness Sandbag Distribution City Manager Zanoni reported that each resident can receive seven free sandbags beginning June 12th from 8 a.m. to 12 p.m. at West Guth Park; June 13th from 8 a.m. to 12 p.m. at J.C. Elliott Landfill; and June 19th from 8 a.m. to 12 p.m. at Waldron Field and The City Service Center. f. Litter Critter Program Schedule City Manager Zanoni reported that the Litter Critter Program is an opportunity to get rid of bulky items and junk. He provided a schedule as follows: August 7th - Calallen; September - Tuloso/ Midway; October - West Side; November- South side; December- Midtown area. g. Update on Stage 1 Drought Response City Manager Zanoni reported that the water reservoir levels are 57% full and the City is City of Corpus Christi Page 3 Printed on 611112021 City Council Meeting Minutes June 8, 2021 out of the drought. The community needs to be mindful that conservation is highly important. A Council Member and City Manager Zanoni discussed the following topics: a Council Member requested that an explanation on how the water releases work be provided on the City's website so the community can understand the process. I. BOARD &COMMITTEE APPOINTMENTS: 1. 21-0634 Animal Care Advisory Committee (3 vacancies) Civil Service Board (1 vacancy) Civil Service Commission (1 vacancy) Crime Control & Prevention District (1 vacancy) Mayor Pro Tem Hernandez referred to Item 1. Animal Care Advisory Committee Council Member Molina made a motion to reappoint Connie Bowen (Local Animal Welfare Organization Community At-Large), seconded by Council Member Barrera and passed unanimously. Council Member Lerma nominated Chris Baker (Local Animal Welfare Organization Animal Shelter Operator Community At-Large. Council Member Barrera nominated Kelsey Reed (Community At-Large). Council Member Molina made a motion to appoint Baker and Reed, seconded by Council Member Lerma and passed unanimously (Mayor Guajardo-absent). Civil Service Board Council Member Pusley made a motion to reappoint Gerald Avila (District 5), seconded by Council Member Smith and passed unanimously (Mayor Guajardo-absent). Civil Service Commission Council Member Barrera made a motion to reappoint Gerald Avila (District 5), seconded by Council Member Molina and passed unanimously (Mayor Guajardo-absent). Crime Control & Prevention District Council Member Lerma made a motion to appoint Melissa Rios as his representative, seconded by Council Member Molina and passed unanimously (Mayor Guajardo-absent). J. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 2 - 12) Approval of the Consent Agenda Mayor Pro Tem Hernandez referred to the Consent Agenda. City Manager requested that Item 9 be pulled. City of Corpus Christi Page 4 Printed on 611112021 City Council Meeting Minutes June 8, 2021 A motion was made by Council Member Pusley, seconded by Council Member Lerma to approve the Consent Agenda with the exception of Item 9. The motion carried by the following vote: Aye: 8- 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 Absent: 1 - Mayor Guajardo Abstained: 0 2. 21-0647 Approval of the Minutes of the May 25, 2021 Regular Meeting. The Minutes were approved on the consent agenda. Consent-Second Reading Ordinances 3. 21-0447 Zoning Case No. 0321-04, ERF Real Estate, Inc.: (District 4) Ordinance amending Zoning Ordinance number 031728 by adding a 24-month time extension to the special permit time limit initially approved by City Council (Planning Commission and Staff recommend Approval) This Ordinance was passed on second reading on the consent agenda. Enactment No: 032451 4. 21-0553 Zoning Case No. 0321-01, Mc Ts and Associates, LLC. (District 4). Ordinance zoning a property located at or near 14493 Running Light Drive from the "RS-6/10" Single-Family 6 District with the Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development. (Planning Commission and Staff recommend Approval) This Ordinance was passed on second reading on the consent agenda. Enactment No: 032452 5. 21-0554 Zoning Case No. 0421-01, Steven Bernal, Rachel Garcia Pena, and Rick Kyle Caron. (District 1). Ordinance zoning a property located at or near 4421 and 4427 Violet Road from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District. (Planning Commission and Staff recommend Approval) This Ordinance was passed on second reading on the consent agenda. Enactment No: 032453 6. 21-0593 Ordinance approving Amendment number three to the Tax Increment Reinvestment Zone (TIRZ) #4 Project & Financing Plans approved by the Board of Directors of Reinvestment Zone #4, City of Corpus Christi to make adjustments to the Project Specific Development and North Beach Living City of Corpus Christi Page 5 Printed on 611112021 City Council Meeting Minutes June 8, 2021 Initiative. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032454 7. 21-0536 Ordinance amending Corpus Christi Code to decrease the speed limit on Park Road 22 from 55 miles per hour to 35 miles per hour on school days and hours for a school zone adjacent to Seashore Learning Center. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032455 Consent- Contracts and Procurement 8. 21-0357 Motion authorizing a five-year service agreement with Sherloq Financial for debt collection services for the Utility Business Office for collection of customers' delinquent utility bills that are past due for 90 days or longer, for a total estimated amount of$261,250.00, with $17,417.00 required in FY 2021 from the Water Fund. This Motion was passed on the consent agenda. Enactment No: M2021-117 9. 21-0413 Motion authorizing a design-build agreement with Barcom Construction, Inc. of Corpus Christi, Texas, for an amount not to exceed $65,000.00 to add a 1,000 square foot metal awning to a maintenance building at the Wesley Seale Dam, effective upon issuance of notice to proceed, with funding in the FY 2021 Water Fund. This Motion was withdrawn by staff. 10. 21-0530 Motion authorizing a three-year supply agreement, with two additional one-year period options, for Crushed Limestone to be used by Public Works in the City's street maintenance programs with Vulcan Construction Materials, LLC. of San Antonio, Texas for an estimated amount of$810,000.00 and a potential total cost $1,382,000.00 if all options are exercised with FY 2021 funding in an amount not to exceed $90,000.00 available through the Street Maintenance Fund. This Motion was passed on the consent agenda. Enactment No: M2021-118 11. 21-0550 Motion authorizing a one-year supply agreement with Arnold Oil Company, Inc. of Corpus Christi, Texas in amount not to exceed $189,806.40, for Bulk Oil and Lubricants for the Asset Management Department, Fleet Division, with FY 2021 funding in the amount of$79,086.00 available through the Fleet Maintenance Service Fund. City of Corpus Christi Page 6 Printed on 611112021 City Council Meeting Minutes June 8, 2021 This Motion was passed on the consent agenda. Enactment No: M2021-119 12. 21-0568 Motion authorizing the purchase of one Ditch Witch vacuum excavator as an addition to the fleet from DWST Acquisition Company, LLC, dba Ditch Witch South Texas of Corpus Christi, Texas, through the Sourcewell Cooperative for Gas Operations, in an amount not to exceed $54,956.68 for the Gas Operations effective upon issuance of vehicle acceptance letter with funding available from the FY 2021 Gas Operations Funds. This Motion was passed on the consent agenda. Enactment No: M2021-120 L. LEGISLATIVE UPDATE: None M. RECESS FOR LUNCH Mayor Pro Tem Hernandez recessed the Council meeting for lunch at 2:11 p.m. Executive Session Item 19 was held during the lunch recess. Mayor Pro Tem Hernandez reconvened the meeting at 2:42 p.m. N. PUBLIC HEARINGS: (ITEM 13 - 14) 13. 21-0590 Zoning Case No. 0321-02: Ordinance rezoning a property located at or near 1402 Flour Bluff Drive (District 4) from the "RE" Residential Estate District to the "CG-2" General Commercial District and "RM-2" Multifamily District. The applicant is The Estate of Hart F. Smith and Juliana Dunn Smith. (3/4 vote needed to approve applicant's request because Planning Commission recommends approval of an alternative proposal and Staff recommends Denial of the original request, in lieu thereof approval of an alternative rezoning request including a special permit between the Navy, applicant, and City Staff) Mayor Pro Tem Hernandez referred to Item 13. Director of Development Services Al Raymond stated that the purpose of this item is to allow for the construction of commercial and residential development. Director Raymond presented information on the following topics: second alternative proposal timeline; and City Staff, Navy, and Applicant's second alternative recommendation. Council Members, Director Raymond, City Attorney Miles Risley and Development Services Administrator Andrew Dimas discussed the following topics: the Navy is now in support of this item because the maximum amount of dwelling units decreased from 1,100 to 250; there are two single-family dwelling units per acre; Community Planning Liaison Naval Air Station Corpus Christi Ben Polak could not be present today because City of Corpus Christi Page 7 Printed on 611112021 City Council Meeting Minutes June 8, 2021 he is in training; the drainage ditch is approximately 75 feet in width; 34 notifications were sent out to the public; the second alternative presented by staff today is a less intensive use than the original application, so a 3/4 vote is not necessary, a majority vote is required; the setback requirements are 25 feet from the right-of-way and 15 feet on the sides; between the existing property and the new property, there will be a future drainage ditch and a future road that connects from Flour Bluff Drive to Hwy 358; the width of the easement has not been determined yet, but the existing ditch is approximately 140 feet in width; and the drainage improvements will be determined at the platting stage. Mayor Pro Tem Hernandez opened the public hearing. The Applicant's Representative John Bell, 13750 Primavera Dr., stated that a buffer is needed; the residences on Graham Road are 600 feet south of the southern border of this property; and the pipeline will be an interior buffer. The following citizens spoke in support of the second alternative: Linda Smith Reed, 1818 Glenoak Dr.; Grant Smith, 2002 Red Oak Dr.; Burton Dunn Smith, 2102 N. Wheeler St., Victoria, TX; and Chuck Urban, 2725 Swantner St. Barbara Kilgore, 1659 Graham Rd., spoke in opposition to this item. Mayor Pro Tem Hernandez closed the public hearing. Council Members and Director Raymond discussed the following topics: utilities are in place for this property; and staff is recommending RS-6 with a special permit and not RM-TH because there is no limit on the amount of dwellings. Council Member Barrera made a motion to approve the second alternative ordinance rezoning property at or near 1402 Flour Bluff Drive from the "RE" Residential Estate District to the "CG-1" General Commercial District, "RS-6/SP" Single-Family 6 District with a Special Permit, "RS-6" Single-Family 6 District, and the "RS-22" Single-Family 22 District, seconded by Council Member Pusley. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina and Council Member Pusley Absent: 1 - Mayor Guajardo Abstained: 1 - Council Member Smith 14. 21-0591 Zoning Case No. 0421-03: Ordinance rezoning a property located at or near 3030 Buffalo Avenue and 902 Nueces Bay Boulevard (District 1) from the "CN-1" Neighborhood Commercial District, "CG-1" General Commercial District, and "CG-2" General Commercial District to the "CG-1/SP" General Commercial District with a Special Permit. The applicant is ERF West Side, Inc. (Planning Commission and Staff recommend Approval) City of Corpus Christi Page 8 Printed on 611112021 City Council Meeting Minutes June 8, 2021 Mayor Pro Tem Hernandez referred to Item 14. Director of Development Services Al Raymond stated that the purpose of this item is to allow for the operation of a transient lodging facility for the homeless. Director Raymond presented information on the following topics: aerial overview; zoning pattern and adjacent development; public notification; proposed site plan; and planning commission and staff recommend approval with conditions. Mayor Pro Tem Hernandez opened the public hearing. The Applicant's Representative John Bell, 13750 Primavera Dr., stated that this will be a secured facility and this development will benefit the neighborhood. Council Members, Applicant John Bell and representative of the Ed Rachal Foundation Taylor Hunt discussed the following topics: this facility will benefit the neighborhood because it will be fenced and gated; there is no demolition plan in place for the existing buildings; the building is a pre-engineered metal building with a brick facade; the Good Samaritan location on Alameda will be torn down once it is relocated to this new facility; and Council Members expressed gratitude to the Ed Rachal Foundation. Mayor Pro Tem Hernandez closed the public hearing. Council Member Hunter made a motion to approve the ordinance, seconded by Council Member Lerma. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- 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 Absent: 1 - Mayor Guajardo Abstained: 0 O. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 15 - 17) 15. 21-0303 Resolution authorizing a five-year service agreement with WinCan LLC, dba Pipeline Analytics, of Pittsburgh, Pennsylvania for a total amount not to exceed $174,200.00 for the purchase of Wastewater WinCan software and support for the Utilities Department, with funding in the amount of$128,052.00 available through the FY 2021 Water and Wastewater Funds. Mayor Pro Tem Hernandez referred to Item 15. A Council Member's request to verify that IT is involved in any software purchase. Council Member Pusley made a motion to approve the resolution, seconded by Council City of Corpus Christi Page 9 Printed on 611112021 City Council Meeting Minutes June 8, 2021 Member Hunter. This Resolution was passed and approved with the following vote: Aye: 8- 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 Absent: 1 - Mayor Guajardo Abstained: 0 Enactment No: 032456 16. 21-0083 Ordinance awarding a construction contract to EMR Elevator, Inc., Corpus Christi, Texas, to upgrade the passenger elevator for the Art Museum of South Texas, located in Council District 1, in an amount of$228,056.00 with FY 2021 funding available from the Bond 2018 Fund, and amending the FY 2020-2021 Capital Budget and Capital Improvement Program. Mayor Pro Tem Hernandez referred to Item 16. There were no comments from the Council. Council Member Lerma made a motion to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- 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 Absent: 1 - Mayor Guajardo Abstained: 0 17. 21-0598 Resolution authorizing a service agreement with Pfeiffer& Son, LTD of LaPorte, Texas in the amount of$448,725.00 for the removal of the Harbor Bridge Decorative Lighting System effective upon issuance of a notice to proceed with FY 2021 funding in the amount of$448,725.00 available in the General Fund; and authorizing the City Manager or designee to negotiate a Memorandum of Understanding for in kind services with the Port of Corpus Christi and Texas Department of Transportation (TXDOT) for a value of approximately $150,000 from each entity. Mayor Pro Tem Hernandez referred to Item 17. Council Members and City Manager Peter Zanoni discussed the following topics: the City, Port of Corpus Christi and TxDOT were all involved in installing the lights and will pay for the removal of the lights; the City is paying the bill, but will receive two in-kind contributions from the Port and TxDOT; and there will be budget transfers from the general funds. Council Member Lerma made a motion to approve the resolution, seconded by Council City of Corpus Christi Page 10 Printed on 611112021 City Council Meeting Minutes June 8, 2021 Member Hunter. This Resolution was passed and approved with the following vote: Aye: 8- 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 Absent: 1 - Mayor Guajardo Abstained: 0 Enactment No: 032457 P. FIRST READING ORDINANCES: (NONE) Q. BRIEFINGS: (NONE) R. APPEAL OF A DECISION OF THE BUILDING STANDARDS BOARD (Tabled and continued from 4-27-2021): (ITEM 18) The Appeal will proceed using the following format: 18. 21-0495 Consideration of an appeal filed by Ms. Raquel Ordonez of the Building Standards Board's Decision to require demolition of the substandard structure on property located at 309 Hiawatha Street in City Council District 1 (Tabled and continued from 4-27-2021). Mayor Pro Tem Hernandez referred to Item 18. City Attorney Miles Risley stated the following information: the appellant, Ms. Ordonez, is in California and will be unable to return to Corpus Christi until August; no detailed plan was provided by Ms. Ordonez as she agreed to do during the April 27 hearing; when the building is demolished the brush and debris will also be removed; the grass visible from the right-of-way was never cut; the property remains in violation and back taxes have not been paid with no attempt to set up a payment plan; and staff recommends approving the resolution affirming the Building Standards Board's decision to demolish the property. Council Member Molina made a motion to approve the resolution denying Raquel Ordonez's appeal, thereby upholding the Building Standards Board's order to demolish the dilapidated/substandard buildings and structures on the property located at 309 Hiawatha Street, seconded by Council Member Barrera. This Resolution was passed and approved by the following vote: Aye: 8- 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 Absent: 1 - Mayor Guajardo Abstained: 0 Enactment No: 032458 City of Corpus Christi Page 11 Printed on 611112021 City Council Meeting Minutes June 8, 2021 S. EXECUTIVE SESSION: (ITEMS 19 -20) Mayor Pro Tem Hernandez referred to Executive Session Item 19. The Council went into Executive Session at 2:11 p.m. The Council returned from Executive Session at 2:42 p.m. 19. 21-0648 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 Terry Henderson v. City of Corpus Christi and other lawsuits and potential lawsuits, including potential consideration of documents related to settlement of the aforementioned case. This E-Session Item was discussed in executive session. The following motion was considered: Motion to authorize the City Manager or designee to execute all documents necessary to settle the case of Terry Henderson v. City of Corpus Christi in an amount not to exceed $95,000. Aye: 8- 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 Absent: 1 - Mayor Guajardo Abstained: 0 Enactment No: M2021-121 20. 21-0655 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 the City Manager evaluation and the employment agreement therewith and Texas Government Code § 551.074 (personnel matters) to deliberate the appointment, employment, evaluation, reassignment, duties, or discipline of a public officer or employee (including, but not limited to, the City Manager). This E-Session Item was withdrawn. T. ADJOURNMENT There being no further business, Mayor Pro Tem Hernandez adjourned the meeting at 3:07 p.m. City of Corpus Christi Page 12 Printed on 611112021 13 Sarah Brunkenhoefer From: JotForm <noreply@jotform.com> Sent: Saturday, June 5, 2021 6:55 PM To: CitySecretary; Norma Duran Subject: Public Input: 06-08-2021 - Amrita Reitz-Rees [ [ 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. HIPublic Comment & Input Form Date of Meeting 06-08-2021 Name Amrita Reitz-Rees Address Street Address: 1818 Graham Rd City: Corpus Christi State/ Province:TX Postal/Zip Code: 78418 Topic Opposing the density of the proposed zoning Agenda Item Number 13 Describe Feedback: 1.Navy has a new AICUZ study and it's 50 feet outside the zone. Given that as aircraft change over time so does the zone that's a little close for comfort.The aircraft get heavier the "swing of the arms" of the Aicuz get longer and wider so while it may be "safe" now, a heavier aircraft will make it not safe and the trend is towards heavier aircraft. Flour Bluff is defined by our Navy presence, it's part of our local culture and financial support to many families here in Corpus. If the Navy opposes such zoning so we as a community should oppose as well. Not worth the risk of the Navy leaving or thinking we aren't fully supportive.They should come before Council ever thinks about voting yes on it. Why bet a quarter of our economy and the largest non petrochemical portion of it on a project like this? 2.It violates the Future Land use map and the Area Development Plan and Plan CC. The ADP is brand new as is the Future Land Use Plan. Provide an email to receive a copy of your earthymother@gmail.com submission. 2 1 � Al Sarah Brunkenhoefer Subject: RE: Ref: Zoning Case No. 0321-02, Estate of Hart F. Smith and Juliana Dunn Smith From: Shirley Thornton <shirlev.thornton3@sbcglobal.net> Sent: Monday,June 7, 20215:44 PM To: CitySecretary<CitySecretary@cctexas.com>;Andrew Dimas [DevSvcs] <And rewD2 @cctexas.com> Subject: Ref: Zoning Case No. 0321-02, Estate of Hart F. Smith and Juliana Dunn Smith [ [ 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. ] ] Honorable Mayor and Council, Zoning Case No. 0321-02 has been a tough one since the owners, developers, neighboring property owners, and the Navy have not been in complete agreement on how this property should be developed. As a 52-year resident of Flour Bluff and an active community volunteer who works to help make our little piece of the rock the best it can be, I have taken a special interest in this case because the community as a whole could indeed benefit from the variety of housing opportunities this development offers. Doing something constructive with this property will also help with the nagging problem of vagrants who have been known to camp there, set fires that become a real danger to nearby property owners, and leave behind unbelievable amounts of garbage and human waste. I was immensely pleased to hear that the Navy and the developer have devised a plan with special permit conditions that both the developer and the Navy can support. This honors the relationship with the largest employer in the area by taking into account the Navy's opinion on the matter and can strengthen the ties between them. Eliminating the apartments and choosing to build townhomes instead perhaps will be more palatable to the neighboring property owners than the original 600+ apartments. They expressed as much at a meeting between the current landowners a few weeks ago, though I know they may still have some concerns. With such a development, there is really no way of satisfying all interested 100%, but in the end, a workable compromise seems to have been reached. This being the case, I support the agreed upon plan and thank all who listened to each other, considered the safety of Flour Bluff residents, respected time-honored partnerships, invited the neighbors to share their concerns, and stood up for personal property rights. Sincerely, Shirley Thornton, Flour Bluff Resident and Community Volunteer 1 so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 06/08/21 1852 Second Reading Ordinance for the City Council Meeting 06/15/21 DATE: May 5, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning a property at or near 1402 Flour Bluff Drive CAPTION: Zoning Case No. 0321-02, The Estate of Hart F. Smith and Juliana Dunn Smith (District 1) Ordinance rezoning property at or near 1402 Flour Bluff Drive from the "RE" Residential Estate District to the "CG-2" General Commercial District and "RM-2" Multifamily District. (3/4 vote needed to approve). SUMMARY: The purpose of the rezoning request is for commercial development and for the construction of 500-600 apartment units. The rezoning case was originally heard and tabled by the Planning Commission on March 17th. The applicant proposed an alternative rezoning request to the Planning Commission on April 14th which subsequently received an approval recommendation. The original request by the applicant would result in a maximum potential build-out of approximately 1,100 dwelling units. The first alternative proposal that was subsequently received an approval recommendation by the Planning Commission reduced the number of units to 615. Since Planning Commission, further discussions have occurred between the Navy, City staff, and the applicant. A second alternative proposal was presented to reduce the overall density of the entire site to no more than approximately 250 units. A special permit was drafted to limit the density and to apply the design requirements established within the Unified Development Code (UDC) for townhome developments. The Navy, City staff, and the applicant have agreed upon the second alternative rezoning proposal. BACKGROUND AND FINDINGS: The subject property is 35 acres in size and is currently zoned "RE" Residential Estate District consists of vacant property and has remained undeveloped since annexation in 1961. The developer of the property is requesting a change of zoning for the subject property to accommodate a commercial use "CG-2" General Commercial District for the front 4.12 acres and multifamily "RM-2" Multifamily District for the rear 35.80 acres. The "CG-2" District portion anticipates 4 retail sites and the "RM-2" District portion anticipates between 500 and 600 Apartment Units. To the north are various commercial development including a hotel, mini-storage complex, and a Wal-Mart zoned "CG-1" General Commercial District. To the south are large tract single-family residences zoned "RE" Residential Estate District. To the east is a church zoned "CG-1" General Commercial District and a single-family residential subdivision (Oak Terrace Unit 1) zoned "RE" Residential Estate District. To the west is Oso Bay. Conformity to City Policy • The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for a commercial use. The proposed rezoning is inconsistent with the adopted Comprehensive Plan (Plan CC). The proposed rezoning is also incompatible with the future land use map which indicates the areas as low density residential and planned Development. The proposed rezoning may have a negative impact upon the adjacent properties. • While the subject property is not located within the AICUZ Overlay, the uses will still be impacted by potential danger of aircraft crashes and the daily impact of aircraft noise. • Due to the immediate proximity of the AICUZ, the applicant should consider the "CG-1" General Commercial District instead of the "CG-2" District as the retail and office uses will still be allowed. However, the residential aspect of"CG-2" will not be allowed. Additionally, the applicant should consider the "RS-22" Single-family 22 District instead of"RM-2" District as the "RS-22" District is compatible with surrounding uses, the future land use map, and the recommendations of the adjacent APZ. • 1,074 dwelling units is the maximum possible buildout based on the proposed 35.80 acres of the "RM-2" Multifamily District. • As previously mentioned, the applicant has supplied an alternative proposal covering multiple zoning districts (attached as Exhibit B). Based on the alternative proposal's net buildable acreage, the number of dwelling units would be as follows: o "RM-2" Multifamily District: 300 Units @ 30 du/ac o "RM-1" Multifamily District: 308 Units @ 22 du/ac o "RS-TH" Townhome District: Dependent on design o "RS-22" Single-Family 22 District: 7 units (a) 2 du/ac o Total: 615 dwelling units • Officials with Naval Air Station-Corpus Christi (NAS-CC) have commented, "Due to the close proximity of the Accident Potential Zone (APZ) and flight track that overflies this parcel (transition from Naval Outlying Landing Field (NOLF) Waldron to NAS-CC) the density level of the proposed site is not recommended." Public Input Process Number of Notices Mailed 34 within 200-foot notification area 1 outside notification area As of May 5, 2021: In Favor In Opposition 2 inside notification area 2 inside notification area 0 outside notification area 8 outside notification area Totaling 2.44% of the 200-foot notification area* is 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 ALTERNATIVES: 1. Denial of the zoning to the "CG-2" General Commercial District and "RM-2" Multifamily District. 2. Approval of the zoning to the "CG-2" General Commercial District and "RM-2" Multifamily District. (3/4 vote needed to approve) 3. Approval of the alternative zoning proposal consisting of the "CG-1" General Commercial District, "RM-2" Multifamily District, "RM-1" Multifamily District, "RS-TH" Townhouse District, and the "RS-22" Single-Family 22 District. 4. Approval of the alternative zoning proposal consisting of the "CG-1" General Commercial District, "RS-6/SP" Single-Family 6 District with a Special Permit, "RS-6" Single-Family 6 District, and the "RS-22" Single-Family 22 District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Commission Recommendation Planning Commission recommended approval of an alternative zoning proposal consisting of the "CG-1" General Commercial District, "RM-2" Multifamily District, "RM-1" Multifamily District, "RS- TH" Townhouse District, and the "RS-22" Single-Family 22 District on April 14, 2021. Vote Count: For: 6 Opposed: 3 Absent: 0 Abstained: 0 Staff recommends denial of the original rezoning request, in lieu thereof approval of the proposed alternative rezoning request including a Special Permit discussed between the Navy, applicant, and City staff. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report 4 YY!! y 1 rt,e , , a, Vol 7. GGL2 PV 71 • 1 I 4" aZ � y# }' - , V e y . . n 7 , n . _ R r a yy CASE 0321-0 n � mag Aerial with Subject Property sU4EN-t SUBJECT arty PROPERr ro C;or.D'5 CIT-so lady Map Ssahe: 1:4800 N g R F �yY wi+r�M LOCATION MAP a Zoning Case No. 0321-02, The Estate of Hart F. Smith and Juliana Dunn Smith (District 1) Ordinance rezoning property at or near 1402 Flour Bluff Drive from the "RE" Residential Estate District to the "CG-2" General Commercial District and "RM-2" Multifamily 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 4.12 Acre, Zoning Tract, out of Lot 6, Section 41 , Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 through 43, Map Records of Nueces County, Texas as shown in Exhibit "K.- from the "RE" Residential Estate District to the "CG-2" General Commercial District. 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 and 35.80 Acre, Zoning Tract, out of Lots 6, 7, 8, 9, and 10, Section 41 , Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 through 43, Map Records of Nueces County, Texas, as shown in Exhibit "B": from the "RE" Residential Estate District to the "RM-2" Multifamily District. The subject property is located at or near 1402 Flour Bluff Drive. Exhibit A and B, which are the Metes and Bounds of the subject property with an associated map attached to and incorporated in this ordinance. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1 , 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1 , Section 1 .10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 2 of 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 3 of 7 Exhibit A URBAN ENGINEERING Job No--42674-Co-00 January 19,2021 Exhibit A 4.12 Acre Zoning Tract STATE OF TEXAS COUNTY OF NUECES Fieldnotes for a 4.12 Acre,Zoning Tract,out of Lot 6, Section 41,Flour Bluff and Encinal Farm and Garden Tracts,a map of which is recorded in Volume A,Pages 41 through 43,Map Records ofNueces County,Texas, said 4.12 Acre Tract being more fully described as follows: Beginning at a 112 Inch Iron Rod Found,on the Northwest Right-of-Way line of Flour Bluff Drive, a public roadway,being the South corner of Lot 1,Murphy Oil Subdivision a map of which is recorded in Volume 67,Page 695, said Map Records; Thence,South 2833'44"West, 599.33 Feet,to the East corner of a 7.100 Acre Tract,out of Lots 6 through 10,said Section 41,as described in a Warranty Deed from Juliana Smith to the City of Corpus Christi,recorded in Document No- 2011004146,Official Public Records of Nueces County, Texas, for the South corner of this Tract,from Whence,a 5f8 Inch Iron Rod with a red plastic cap stamped"URBAN ENGR CCTX"Found,bears South 2833'44"West,25.00 Feet-, Thence,North 61°17'45"West,with the Northeast boundary line of the said 7.100 Acre Tract, 300-00 Feet,to the West corner of this Tract-, Thence,North 28°33'44"West 598-48 Feet,to a point on the Southwest boundary,.line of the said Lot 1,for the North corner of this Tract-, Thence, South 612731" East,with the common boundary line of the said Lot 1 and this Tract, 300.00 Feet,to the Point of Beginning,containing 4.12 Acres(179,671 Sq.Ft.)of Land,more or less_ Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983,Texas South Zone 4205,and are based on the North American Datum of 1983(2011)Epoch 2010.00_ Unless this fieldnotes description, including preamble,seal and signature, appears in its entirety, in its original form., surveyor assumes no responsibility for its accuracy_ 4.12 Acre Tract is located within the City limits of Corpus Christi,Texas and a subdivision based on this sketch/description may be in violation of the current Cm arpus Christi subdivision ordinance. Also reference accompanying sketch of tract describ -14 fi iiiely JAMES. .......CARR t74�U ' �,,�"-;,� James D.Carr, - - yj+ ,_ . AO License No.6458 S:%Surveymg142674'COOOE+OFFICFIMTFS ANDJ3oIIATDS'.FN42674C I cis d� Page 1 of 1 OFFICE:(361)854-3101 2725 SWANTNER DR •CORPUS CHRISTI,TEXAS 75404 FAX(361)5546001 ww w.urbanene.cam TBPE Finn 4 145•TBPLS Firm 4 10032400 Page 4 of 7 Exhibit B URBAN ENGINEERING Job No_:42674.00.00 January 19,2021 Exhibit B 3 .80 acre Zoning Tract STATE OF TEXAS COiTNTY OF NUECES Fieldnotes for a 35.80 Acre,Zoning Tract,out of Lots 6, 7, 8, 9 and 10, Section 41,Florin Sluff and Encinal Farm and Garden Tracts,a map of which is recorded in Volume A.Pages 41 fllrough 43,Map Records of Nueces County,Texas,said 35.80 Acre Tract being more fttlly described as follows: Commencing at a 1/2 Inch Iron Rod Found,on the Northwest Right-of-Way line of Florin Bhrff Drive, a public roadway, being the South corner of Lot 1, Murphy Oil Subdivision, a rnap of which is recorded in Voltune 67,Page 695,said Map Records; Thence,North 61127'3 1"West,vMh the Southwest boundary line of the said Lot 1, 300.00 Feet, for the Point of Beginning and East corner of this Tract Thence,South 281133'44"West,599.48 Feet,to the Northeast boturdary line of a 7.100 Acre Tract, out of Lots 6 through 10,said Section 41.as described in a Warranty Deed from Riliana Smith to the City of Corpus Christi, recorded in Document No. 2011004146, Official Public Records of Nueces County, Texas,for the South corner of this Tract; Thence over and across the said Lots 6 through 10,with the common boundary of the said 7.100 Acre Tract and this Tract as follows: • North 61017'45"West,935.58 Feet; • North 16°17'51"West, 121.32 Feet; • North 28012'06"West, 100.00 Feet; Thence,North 61°17'45"West, 1995.29 Feet,to the West corner of this Tract; Thence,North 321159'42"East,290.96 Feet,to a 5f8 Inch Iron Rod with plastic cap(not legible) Found,for a corner of this Tract: Thence, North 281121'06" East, at 312.02 Feet, pass a 518 Inch Iron Rod-Mth plastic cap (not legible)Found,in all 312.54 Feet,to the West corner of this Tract; Thence, South 61126'43" East, at 255.03 Feet pass, a 518 Inch Iron Rod Found, at 289.91 Feet pass, a 518 Inch Lion Rod Found, being the West comer of Lot 2, Lexington Industrial Center, a map of which is recorded in Volume 29,. Page 47, said Map Records, at 977.52 Feet pass, a 518 Inch Iron Rod Found,in all 1207.13 Feet,to a 518 Inch Iron Rod u-ith a red plastic cap stamped"URBAN ENGR CCTX" Found, on the Southwest boundary line of Lot 11A, Lexington Industrial Center, a neap of which is Si%Surceying4426741CODOEIOFFICEUVIF-TES AND BOUNDSTN42674C00E_2021DI19_35.90Acres.dccx Page 1 of t OFFICE=(361)854-3101 2725 SWANTNERDIZ•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.cam TBPE Firm#145•TBPLS Firm#10032400 Page 5 of 7 recorded in Voluune 68,Page 837,said Map Records,also being an inner ell corner of Lot 15A,Lexington Industrial Center,a leap of which is recorded in Volume 56,Page 156, said Mag Records,for an outer ell colder of this Tract: Thence with the common boundary of the said Lot 15A and this Tract as follows: • South 281112'06"West, 100.00 Feet,to a common corner of the said Lot 15A and this Tract, from Whence.a 518 Inch Iron Rod Fotwd,bears South 67°08'28"West,0.76 Feet; • South 61026'43"East,300.01 Feet,to a 518 Inch Iron Rod Fotnd.for a common confer of the said Lot 15A and this Tract: + North 28012'06"East,at 99.61 Feet pass_a 518 Inch Iron Rod Fotuld,in all 100.00 Feet to the Southwest boundary line of Lot 16, Lexington Industrial Center. a map of which is recorded in Volume 32, Page 88, said Map Records,being an inner ell comer of the said Lot 15A.for an outer ell corner of this Tract: Thence, South 61026'43"East,mith the Southwest boundary line of the said Lot 16 and Lot 17, Lexington Industrial Center,a map of which is recorded in Volume 28,Page 37,said Map Records,187.09 Feet,to a 518 Inch Iron Rod with plastic cap stamped"JOHNSON&PACE INC."Fotuid,being the North corder of Lot 2,said Mtuphy Oil Subdivision,for an outer ell corner of this Tract: Thence, South 28°31'29"West,with the cormnon botuudary of the said Lot 2, 126.46 Feet. to a 518 Inch Iron Rod with plastic cap stamped"JOHNSON&PACE INC."Found,being the West canner of the said Lot 2.for an inner ell comer of this Tract: Thence, South 61°27'31" East,with the said common botuidary line, at 916.02 Feet pass, a 112 Inch Iron Rod Found,being a common earner of Lots 1 and 2,said Murphy Oil Subdivision,in all 1000.72 Feet,to the Paint of Beginning,containing 35.80 Acres(1,559,286 Sq.Ft.)of Land,more or less. Grid Bearings and Distances shover hereon are referenced to the Texas Coordinate System of 1983,Texas South Zane 4205,and are based on the North American Datsun of 1983(2011)Epoch 2010.00. Unless this fieldnotes description_ including preamble, seal and signature. appears in its entirety, in its original form, stu--eyor assumes no responsibility for its accuwacy. 35.80 Acre Tract is located within the City limits of Corpus Chuisti,Texas and a subdiz°ision based on this sketch/description may be in violation of the ctnTent City of Corpus Christi subdivision ordinance. Also reference accompanying sketch of tract described herein. pt ,OF .. URBAN ENGINE G JAMES Q,4VID CARR °,.8458 � 1•' w r [ z -Y SUVA �¢ Janes D-Carr-R-P-L-S- License No-6458 S:'..Suneyi¢gW26741CONE''•oFFICE'METES AND BaUNDS1YN42674GA4E_20716119_35.g0Acies.docx Page 2 of 2 OFFICE:(361)854-3101 2725 SWANTNERDR-a CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www-urb'i.ilew.c o1ll TBPE Firm#145 •TBPLS Firm#10032400 Page 6 of 7 Coyer de! Oso R a o m m m rn �0 n-� z rt = m X132'59'42"E N28'21'06"E ap n v a 290.96' 312.54 �� ::e , 3 ti+� Lgt iYuF cl- Ln J ^ a 54.E L3� � -•0'..E'EASE E•T ` � L Qj ZD L• cG i`' vcl d' rc 74, m r - LIN c �.F �¢ ag k`E�e?1 —q `�"• x CA — ISI : 7 C Ec -' sR see ss'i+'w sa�,-0e' ' �• i d. co I I +er z - - ". ._� �r a 20'YR FA 528'33'44 W 599.33' Figur 81uff orivt _ -- rrrrrrrt= c V) Le 6 b& ) o »T � ao=inn ��,.,,, 7 ❑ `! "� `• : • �G �� __hz,`-' A�,_ 7� c r Page 7 of 7 PLANNING COMMISSION FINAL REPORT Case No. 0321-02 INFOR No. Planninci Commission Hearin Date: April 14, 2021 Owner: The Estate of Hart F. Smith and Juliana Dunn Smith Applicant: Urban Engineering co Location Address: 1402 Flour Bluff Drive 0 .2- Legal Description: Being 39.92 acres out of Lots 6, 7, 8, 9, and 10, Section 41 , a N Flour Bluff and Encinal Farm and Garden Tracts as recorded in Volume A, Q °� o Pages 41 to 43 of Map Records of Nueces County, Texas, located along the west side of Flour Bluff Drive, south of South Padre Island Drive (State Highway 358), and west of Compton Road . From: "RE" Residential Estate District To: "CG-2 General Commercial District and "RM-2" Multifamily District Area: 39.92 acres io Purpose of Request: The purpose of the request is for the development of four acres of commercial development and 35 acres of 500-600 apartment units. Existing Zoning District Existing Future Land Use Land Use Site "RE" Residential Estate Vacant Low Density District Residential "CG-1" General Commercial North District Commercial Commercial a� N Vacant, Drainage, -E N "RE" Residential Estate Low Density 0South District and Low Density Residential Residential _ Vacant, nPublic/Semi- w East "RE" Residential Estate Public, and Low Low Density District Density Residential Residential West "RS-6" Single-Family 6 Water Water District Area Development Plan: The subject property is located within the boundaries 06 u, of the Flour Bluff Area Development Plan and is planned for Low Density o Residential uses. The proposed rezoning to the "CG-2 General Commercial 2 4a District and "RM-2" Multifamily District is inconsistent with the adopted Future a o Land Use Map. Q City Council District: 4 Zoning Violations: None Staff Report Page 2 ° Transportation and Circulation: The subject property has approximately 600 feet of street frontage along Flour Bluff Drive which is designated as a"A1" Minor ° Arterial Street and access via an access easement to South Padre Island Drive a N (State Highway 358). According to the Urban Transportation Plan (UTP), Minor L Arterial Streets can convey a capacity of 15,000 to 24,000 average daily trips. Urban Proposed Existing Traffic Street Transportation 05� � Plan Type Section Section Volume Lp C Flour Bluff95' ROW 120' ROW Not Drive "A1" Minor Arterial 64' paved 66' paved Available Staff Summary: Development Plan: The subject property is 35 acres. The developer of the property is requesting a change of zoning for the subject property to accommodate a commercial use "CG-2" General Commercial District for the front 4.12 acres and multifamily "RM-2" Multifamily District for the rear 35.80 acres. The "CG-2" District portion anticipates 4 retail sites and the "RM-2" District portion anticipates between 500 and 600 Apartment Units. The applicant has also supplied an alternative proposal covering multiple zoning districts. Existing Land Uses & Zoning: The subject property is currently zoned "RE" Residential Estate District consists of vacant property and has remained undeveloped since annexation in 1961 . To the north are various commercial development including a hotel, mini-storage complex, and a Wal-Mart zoned "CG-1" General Commercial District. To the south are large tract single-family residences zoned "RE" Residential Estate District. To the east is a church zoned "CG-1" General Commercial District and a single-family residential subdivision (Oak Terrace Unit 1) zoned "RE" Residential Estate District. To the west is Oso Bay. AICUZ: The subject property not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). However, the subject property is located adjacent and within 60 feet at its nearest and within 500 feet at the further point from Accident Potential Zone (APZ) 2 of the Air Installation Compatibility Use Zone (AICUZ). Plat Status: The property is not platted. Utilities: Water: 16-inch C900 line along Flour Bluff Drive. Wastewater: 10-inch PVC line along Compton Road. Gas: 2-inch gas line located along Flour Bluff Drive. Storm Water: 60-inch line along Flour Bluff Drive. 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 Low Density Residential uses. The proposed rezoning to the "CG-2" General Commercial District and Staff Report Page 3 "RM-2" Multifamily District is inconsistent with the adopted Flour Bluff Area Development Plan. The proposed rezoning is inconsistent with the following policies of the Comprehensive Plan (Plan CC). The following policies should be considered: • Encourage the protection and enhancement of residential neighborhoods 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 convenient access from medium-density residential development to arterial roads. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Continue to consider the compatibility of proposed uses with military airfield operations when making decisions on rezoning requests. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Avoid development that is incompatible with the operation of military airfields and the airport. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • The City encourages development that is compatible with the Naval Air Station, Waldron Field, and Cabaniss Field. A primary concern associated with these Naval facilities is land use compatibility in the Navy's Air Installation Compatible Use Zones (AICUZ). These are areas where, due to frequency of over flights and other factors, a measurable potential for aircraft accidents is present. The geographic areas covered by these zones may change in the future due to changes in operations at the airfields, changes in the aircraft using the runways or other factors. The City should maintain constant contact with the Navy to maintain accurate record of any changes to these zones and change as appropriate any city regulations pertaining to these AICUZs. (Flour Bluff ADP Policy Statement B.5) Department Comments: • The proposed rezoning is inconsistent with the adopted Comprehensive Plan (Plan CC). The proposed rezoning is also incompatible with the future land use map have a negative impact upon the adjacent properties. • While the subject property is not located withing the AICUZ Overlay, the uses will still be impacted by potential danger of aircraft crashes and the daily impact of aircraft noise. • Due to the immediate proximity of the AICUZ, the applicant should consider the "CG- 1" General Commercial District instead of the "CG-2" District as the retail and office uses will still be allowed. However, the residential aspect of "CG-2" will not be allowed. Additionally, the applicant should consider the "RS-22" Single-family 22 District instead of "RM-2" District as the "RS-22" District is compatible with surrounding uses, the future land use map, and the recommendations of the adjacent APZ. • 1 ,074 dwelling units is the maximum possible buildout based on the proposed 35.80 acres of the "RM-2" Multifamily District. Staff Report Page 4 • As previously mentioned, the applicant has supplied an alternative proposal covering multiple zoning districts (attached as Exhibit B). Based on the alternative proposal's net buildable acreage, the number of dwelling units would be as follows: o "RM-2" Multifamily District: 300 Units @ 30 du/ac o "RM-1" Multifamily District: 308 Units @ 22 du/ac o "RS-TH" Townhome District: Dependent on design o "RS-22" Single-Family 22 District: 7 units (a) 2 du/ac o Total: 615 dwelling units • Officials with Naval Air Station-Corpus Christi (NAS-CC) have commented, "Due to the close proximity of the Accident Potential Zone (APZ) and flight track that overflies this parcel (transition from Naval Outlying Landing Field (NOLF) Waldron to NAS-CC) the density level of the proposed site is not recommended." Staff Recommendation: Denial of the change of zoning from the "RE" Residential Estate District to the "CG-2" General Commercial District and "RM-2" Multifamily District. Planning Commission Recommendation (April 14, 2021): Approval of the change of zoning from the "RE" Residential Estate District to the "CG-1" General Commercial District, "RM-2" Multifamily District, "RM-1" Multifamily District, "RS-TH" Townhouse District, and the "RS-22" Single-Family 22 District. Number of Notices Mailed — 34 within 200-foot notification area 1 outside notification area As of March 12, 2021: In Favor — 2 inside notification area _ — 0 outside notification area 0 In Opposition — 2 inside notification area — 8 outside notification area 0 Z Totaling 2.44% of the land within the 200-foot notification area* in opposition. a *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. Applicant's Alternative Proposal C. Public Comments Received (if any) Staff Report Page 5 q SP183-It F RU-1 •l B� r Tp •35g Rj1P D f6 CQ- N M sa FIN Y ?9 iZ bli P'Ioplosed ri 1 RM 2✓ i 5 IL SUB JEG22F RE PR�PFR-TY ,. 30 aD 7J _ Rs- ..--•� , :�Pr©posed � 4 O RF _ q cOpparumm � O r wmc.nam! Jyf fW Fa CASE: 0321-02 4 ZONING & NOTICE AREA IW1 rrRlrm l U01—at— mka -.y w.Purr SWJECT PASS !.*[—m i Pt10 PlY1rrY Ulk O.x_awnk CM PMFaabglOAM :9.16 ir[14FrlT i{ PROPERF PiI AT■!t!'rb AT 114! {1a01F-FawiM{ OI.Y W�gGIPOPlC9wPiiltlil R4{.{[.1{wrr■r4.{ 04•9 Wf{gOrO0A Ca1p{111WI 1l4rF TWOJIPYb' '�..'� CA.i PMNII COFP1vYWl 114i{ NaprFFr lF 16 CP.9 gall C'OPIr1oWl PE RP atlFnlrl EahY `' C0-i piwMlCv��MY1 PaSx TrweW!\• Cq_j, Ob.f.C.wMYl tP 9PMll Prlwl! Ci rla qiw C6rrFmW Py Paonll M.gIWNaM Pan Cho Ft.""wa Ce�elln4l sxx ralrraetinl war♦ C!!•! PPl911COIAIPIl Itri Ia1 Pm wvlr w NN bN00 voM17 � �•� � ��Cfv rPriY wR^ATI#LLT' Al tr��a-a c' ity ofclaimX 4� _-! m iProon �•,_� LOCAT7CIA! MAPlidChr .gCrw u.+1xs^P rage „ Staff Report Page 6 'K%,"OOD. BC=&WOLTER A PROFE55IOtiAL CAFPORA.JIGN RALPH R W00r(1901-1965) LA&1'ERS TEL.EPHCNF: 361888-9M1 .M R5R4LL HOFfQ'•;III(1915-I011j FACSaffi-E: Ml SES-8353 ROBERT C.SMIER.RPM Ne 615 NORTH UPPER BROADWAY,SUITE 1100 START N.RICE CC=Git15TI.TEXAS 78401-0748 'B CARD CMT FIFDCaw. --%L Mu ESrAXELL9i JOHIr D.BE I- � ANDPROPIItTICAA-�>�atrry:-au FRE.6ERICK J.VkCL=Q;§ §HP:iS.D CERrIFgL4BC�x£�L.4"5'..�T PETERE.AV OTS Mx45Er-LU CFL:C--u S-:1583 TC`, LUCn aA I GARlCIA 5=E.L9ND BETH DANIEL 0 GOlv'ZAI.EZ TOSI B BALM-M RENATIO GARC A NARTAE N.MALCK RI- OU N.UuTll Writer's email_ jdbellf;wbwpc.cmn April S. 2021 Corpus Christi Planning Comnnission Attn: Jerellly Baugh. Chairman c'a Developlllent Services V'a eln a'l to: andretivd2'iicctexas.com Re: Case 0321-02: Rezonlinng of SmAll Tract blear SH 358 and Flour Bluff Drive Modification of Rezoning Application Ladies and Gentlemen; The applicant olid property owners initially requested CG-2 and RM-2 Zoning in order to have the flexibility to include a variety of uses it this 40-acre tract in Flour Sluff. This property 15 adjaceIlt to the most inteIlse con-imerc1a1 corridor In Flour Bluff. and it 15 separated fionl the pal-tially-developed resldeIltlal area to the south by a 140-foot drainage easement preViously acquired by the City. It is one of the few large tracts left it Flour Bluff for development -with complete utilities and transportation infiastructure. After receiving the Staff Report recommeIldhig CG-1 Zoning in fi•onnt and orally RS-22 Zoning for the remaining 36 acres. we requested additional tune to reanalyze the situation. Re- zoning the fi•ont portion to CCT-1 is file and is consistent with the adjacent properties. The original Land Use Statement for the 36 acres in back made it clear that only 550 to 600 apartmeIlt uIllts were plaluled. The rest of the area would have less-dense residential uses. This property is being planned for a mixed-use development in order to help meet the needs of the U.S. Navy,111d.the rest of this area for housing. but the actual lay-out of the development hiad not been deterllni.11ed. Attached is a more specific development plan showing that less than one-third of the rear acreage requires RM-2 zoning. The remainder can be zoned RM-1.RS-TH and RS-22 as indicated in order to substantially reduce the overall density. The maxiI1111111 I1u111ber of inultl-fannily units planned renlaltis 600. which tlallslates Into 25 ni-ins per acre overall. Since the lillllt for RM-1 15 22 units per acre. we need 10 acres to be RM-2 in order to reach the target. The developer has no interest in ereater density but needs some degree of flexibility. The rest of the property would be developed as townhomes and single-family estate homes in the RS-22 area along Oso Say. as indicated. After analyzing the site fin•ther. the ne,,v street for circulation really will have to be located along the drainage ditch on the southern boundary since the bunip-oats an the northern boundary make it unfeasible there. The roadw ay and draii-Mge ditch provide 200 feet of buffer to the partially-developed residential area to the south. and the combination allows for hike and bike trail options that will serve this neighborhood well. Staff Report Page 7 Letter to Corpus Christi Planning Conlm.ission April S. 2021 Pace 2 We have confirmed that the entirety of this property is fionl 50 feet to 500 feet outside the AICUZ-2 area which should have no impact oil the development options for this land. Most importantly.this property is not in the direct path of an AICUZ area that could be extended in the future as was the case for the Iles- Carroll High School campus. It is outside the width of what already is an AICUZ-2 path that is 3.000 feet wide. It is unfair to penalize property that clearly is outside the AICUZ area and not within an area planned for extension on the basis that it simply is near ail AICUZ area. The Flour Bluff Area Development Plan currently under review seeks the development of new.pedestrian-fiiendly.conulnunity-oriented projects that will help attract new families and high- quality development ill efficient development patterns. Analysis of either the existing Comprehensive Plan or the proposed new Development Plan should fold this project in compliance by the following: Provide a needed transition between Wal-Mart and the hotel properties along S.P.I.D. and the single-family residential area to the south. * Create a mixed-use env,iroilmnent that supports low-density conlinercial development and nnediurm and low-density residential development * Establish a clear buffer between the mixed-use development and the partially- developed residential area to the south with the existing 140-foot drainage easement and planned 60-foot street right-of-way. Afford convenient access for medium-density residential development with an already developed arterial road such as Flour Bluff Drive. * Maximize the use of existing utility infrastructure capable of supporting residential development of greater than RE and ISS-22 density which limits much of Flour Bluff. * Avoid development that is incompatible «6th established and potential extensions of AICLTZ areas for military airfield operations. (Neither the City nor the Federal goverilrnent have any limitations for properties outside the designated AICUZ areas.) Please accept this letter as a reasonable comlpronlise offer frons the CG-2 gild R-M-2 Zoning rearrest originally submitted. Both the gross acres that would be in the zoning districts gild the net developable acres which would govern actual construction are provided. The Planning Commission's approval of Zoning consistent with the attached developmeIlt plain would allow the project to continue and the proposed sale of the properly to close. We look forward to the opportiulity to discuss this proposed plan at your meeting on April 14. Very trutV yours. �-. �e oln D. Bell F:%697511121 Ltr-Maaning Comm 4447-11-15.doex Staff Report Page 8 CAYO DEL USo �• m �m a I C' LOT 2 ry I m mz C0 OTA 3 =m 2 I g or a 1 M LOT 56 X r X Z O S � I � Z � LOT 7 I m / o LOT 8 i P 2 LOT 4 10 _ s LOT 12 / m LOT 151 LOT 15 / Lor 17 I / 1 , i / X wif � X O s n I C7 X C,')cn o ,I z n I �Z D C7 I Staff Report Page 9 Persons with disabilities planning to attend this meeting,who maY require special services,are requested to contact the Oevebpr—ar Services Department a1 least 48 hours in advance at[361]826.3240. $can G3GidHerren A intr?crdn de assstir a seta writey qua recuigren serve egpeaales se les suplica❑ue den ayi—4 h$.Dias an e n @laman at di mento de se tgrA r R riBsarrol,lo.al niimaro(361)B26 3240. If you wish to address the Commission during the meeting and your English is limited please ca I the Development Services Department at(361) 826-3240 at least 48 hours in advance to request an interpreter tie Present during the meeting 51 usled des d ire a Ig_commiss gn drpt@ a unta v su rngles es limitado favor de Hamar al dgpartarngn de Ppririo a desarroNo 1r nO 0 (3811 826 3240 al mends 46 horns anle*de le unto oara solicitlir un intierp ser resen a dur nteeiaLnta CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No,0321-02 The Estate of Haat F. Smith and Juliana Dunn Smith have petitioned the City of Corpus Christi to consider a change of zoning from the"RE"Residential Estate District to the"CG-2"General Commercial District and"RM- 2"Multifamily District,resultintt in a chanxte to the Future Land Use Map.The property to be rezoned is described as Located at or near 1402 Flour Bluff Drive and described as 38.92 acres out of Lots 6,7,8,9,and 10,Section 41,Flour Bluff and Encinal Farm and Garden Tracts as recorded in Volume A,Pages 41 to 43 of Map Records of Nueces County,Texas,located along the west side of Flour Bluff Drive,south of South Padre Island Drive ,State Highway 358),and west of Compton Road. The Planning Commission may recommend to City Council approval or denia. or approval of an intermediate zoning classification and/or Special Permit Approval of a charge of zoning,if inconsis.ent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the apa-oved zoning.The Planning Commission will conduct a public hearing for this rezoning request to discuss and formul.ite a recommendation to the City Council. The public hearing will be held Wednesday, March 17 2021 during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 L-aapard Street. PUBLIC COMMENT. 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 Pom personal contact with members of the community, City staff, and City Boards and Commissions Public testimony and public hearing input for public comment and on all items on the agenda at public meetings of City Boards and Commissions shall be provided in written forrnat and presented to the designated staff member prior to the start of each meeting( s) of the City Boards and/ or Commission. Public commentl Input shall be provided, in writing, in the form of an e- mail limited to one page or by using the PUBLIC COMMENTIINPUT FORM found here:http./Avvvw.cctexas cortVdepartmentslcity-secretary,and shall be e•mailed to the following e- mail address CatherineG@cctexas.com and/or AndrewD2&ctexas.com. The written public: testimony shall be provided to members of the applicable City board or commission prior to voting on measures for that meeting. That written testimony shall be limited in accordance with the City Secretary requirements and shall be placed ir'to the record of each meeting This written testimony shall serve as the required public testimony pursuant to Texas Gov' Code 551.007 and shall constitute a.,public heaning for purposes of any public hearing Tguirement under law. TO BE ON RECORD, THIS FORM MUST BE FILLER OIJT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI,TEXAS 78469-9277 ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD, NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or in_orson by telephone call or by letter. Printed Name: f•AUGiei�s4 Addr �I 42 ar9 t-'f 2 J 9 City/State A v i n H c a s 7a�73� iN FAVOR { )IN OPPOSITION Phone: S12- 4Z?- 6164 REASON. Signature SEE MAP ON REVERSE S40t Case No 0321.02 INFOR Case No Protea Manager Andrew Dimas Properly Owner 10 31 Email AndrewO2gwexas corn Staff Report Page 10 Persons with disabilities planning to attend this meeting,who may require special serviass,are requested to caritas the Development Servs Department at least 48 hours in advance at(36t)826-3240. Personae Wn inooacidades aue barren 14 in ncrdn de..stir n esta inti quq _au�eren r auiso d rn is intI adaoartaw�aAq sevicios de detar,.teal. n4rnero(351}826.3240, If you wish to address the Commission during the meeting and your English is limited,please call the Develepment Services Department at 0611 825-3240 at least 48 hours in advance to request an interpreter be present during the meeting ss usted deme dirigurse a la commission dvrgnt4la lunt8 y sir $es fimitada favor de Itamar al depart 14 826- 240 1 manes 48 !a junta para sadsGd(tr un int9rpret9 ser oresente durance ga junta CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No.0321.02 The Estate of Hart F.Smith and Juliana Dunn'Smith have petitioned the City of Corpus Christi to consider a change of zoning from the"RE"Residential Estate District to the"`CG-2'"General Commercial District and"RM- 2"Multifamily District resulting in a change to the Future Land Use Map.The property to be rezoned is described as Located at or near 1402 Flour Bluff Drive and described as 39.92 acres out of Lots 6,7,8,9,and 10,Section 41,Flour Bluff and Encinal Farm and Garden Tracts as recorded in Volume A,Pages 41 to 43 of Map Records of Nueces County,Texas,located along the west side of Flour Bluff Drive,south of South Padre Island Drive (State Highway 358),and west of Compton Road. The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification andlor Special Permit.Approval of a change of zoning, if Inconsistent with the City's Comprehensive,Plan, will alsu leave the effect of amending the Comprehensive Plan to reflect the appmvpd 7nning.The onnln ?s ion 9 g geei'tf("buncil. will conduct a ubhc hearing far this rezoning request to discuss and formulate a recommend ton o The public he ng will be held Wednesday, March 17,-T021, during one of the Planning Commission's regular meetings,which begins at 5.30 p.rn,_ in the City Council Chambers, 1201 Leopard Street PUBLIC COMMENT: 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 the community. City staff, and City Boards and Commissions. Public testimony and public hearing input for public comment and on all Items on the agenda at public meetings of City Boards and Commissions shall be provided in written format and presented to the designated staff member prior to the start of each meeting( s) of tree City Boards ands of Commission Public commend input shall be provided, in writing„ in the form of an e- mail limited to one page or by using the PUBLIC COMMENT/INPUT FORM found here,httpJtwww cctexas com/departments)city-secretary,and shall bee-mailed to the following e- mail address: CatherineG@cctexas.com and/or AndrewD2@cctexas.com The written public testimony shall be provided to members of the applicable City board of commission prior to voting on measures for that meeting I hat written testimony shall be limited in accordance with the City Secretary requirements and shall he plar.Pd Into the record of each meeting. This written testimony shall serve as the required public testimony pursuant to Texas Gov' t Code 551.007 and shall constitute a public heanna for Durooses of any public hearing requirement under law TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT P, 0 BOX 9277, CORPUS CHRISTI TEXAS 78469.9277, ANY INFORMATIONPROVIDEDBELOW BECOMES PUBLIC RECORD NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be field by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office or in_Rg-(iron b telephone call orb letter. Printed Name: 14 01 r i Address: I f r City/Stated r (,.) IN FAVOR ( }IN OPPOSITION Phone. REASON Signature SEE MAP ON REVERSE SIDE Case No 0321M tNFC)Ft Case Na. Prod Manager Andrew Dimas Property Direr 10 9 Email Andrew02@cctexas com Staff Report Page 11 Persons it disabiutia planning to attend this meeting who may require special services,are requestedn to Contact tate development ServFc,xe ..__ --- Department at least 4a hours to advance al(361)$26-3240 Penond��r Inratracidadea cue ttenr� ,r3 encid�n dk as�stVr a rata lunta�L.-I fa©tltlmr�ri.aervicios eaoeaat�_se les.suplica quo don aviso 4E horas ani¢de In tunts Ilamanpo at departarrento de setvrr5�ps de desarF,)tc.a n. r 1 If you wish to address the Commission during the meeting and your English is limited,please call The Devebome it Services Departlrlent to(361) 326-3240 at least 4a hoots m advanoo to request an interpreter he present during the meeting,5i usFed_des In i uran a la unto v su inral0s es timttadfl Fever de ttamar al denartamento de ssrvicio ds deaarrollo at ntirrtero 1361)826-3240 at mengs 49 hares antes do la iunta afire so+icatar un m,ft(grftsente durante ria ionto CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No.0321.02 The Estate of Hart F.Smith and Juliana Dunn Smith have petitioned the City of Corpus Christi to consider a change of zoning from the"RE"Residential Estate District to the i'CG-tri General Commercial District and"RM- 2"Multifamily District resulting in a change to the Future Land Gse Ma .The property to be rezoned is described as Located at or near 1402 Flour Bluff Drive and described as 39.92 acres out of Lots 6,7,8,9,and 10,Section 41,Flour Bluff and Encinal Farm and Garden Tracts as recorded in Volume A,Pages 41 to 43 of Map Records of Nueces County,Texas,located along the west side of Flour Bluff Drive,south of South Padre Island Drive (State Highway 358),and west of Compton Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification andlor Special Permit Approval of a change of zoning,if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning.The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council The public hearing will be held Wednesday, March 17 2021, during one of the Planning Commission's regular meetings, which begins at 5:3__b p.m.,in the City Council Chambers, 1201 Leopard Street. PUBLIC COMMENT: To reduce the chance of COVID- 19 transmission, public meetings will be held to a manner intended to separate,to the maximum practical extent,audience and presenters From,personal contact with members of the community,City staff, and City Boards and Commissions, Public testimony and public hearing input for public comment and on all items on the agenda at public meetings of City Boards and Commissions shall be provided in written format and presented to the designated staff member prior to the start of each meeting( s) of the City Boards andl or Commissdan. Public commend input shall be provided. in writing, to the form of an e- mail limited to one page or by using the PUBLIC COMMENTflNPUT FORM found here httpPwww cctexas comldepartmentsfcity-secretary,and shall be e-mailed to the following e- mail address. CatherineGQcctexas com andlor AndrewD2@cctexas.corn The written public testimony shall be provided to members of the applicable City board or commission prior to voting on measures for that meeting That written testimony shall be limited to accordance with the City Secretary requirements and shall be placed into the record of each meeting. This written testimony shall serve as the required public testimony pursuant to Texas Gov t Code 55t 007 and shall constitute_apghlgC,hearing forpurposes of any public hearing reguiremertt under law. d._._ _ _TO BE ON RECORD THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT P O BOX 9277, CORPUS CHRISTI,TEXAS 78469-9277 ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD NOTE: In accordance with the Planning Commission By-Laws,no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or in person,by telephone call or by letter.r1 rr Printed Name �p ren e_5 t Cas S 4 t I ��� �. 6+4 55 Address: 16�G Gra,La— R ria Citylstate LOrco, G�F i _TP as ( IN FAVOR [yfl'N OPPOSITION Phone w3,1 - 2 3 n � 5 REASON — QS c A 1 'e G,$OA S [D r �y�,(?P Sig re SEE MAP ON REVERSE SIDE Case No.0321.02 INFOR Case No. Protect Manager Andrew Dimas Property Owner ID-2 Email:AndrewD2i@Crte:xas lion Staff Report Page 12 From: !".,+#henna Garz. To: Andrew Dimas[DevSvcsl;Craig Garrison Subject: FW:[UMMAL]Corktinued opposition to modified proposal Date: Wednesday,April 14,20219:52:04 AM Importance: High ---Original Message--- F=James Cass<james.e_cass :gmail.conr.> Sent:'Wednesday-April 14. 20219:49 AM To: Catherine Gama<.'catherineg cctexais_co=> Subject: [ IERNAL]Continued opposition to modified proposal [[R:-UUNING: External a-mail.Avoid clicking on links or attachments_GXre will NEVER ask for a password, username,payment or to take action from an email.S14'hen in doubt,please fonat-ard to SecuntyAlert cctexas.com ] I Hello leis Garza_ Please update our pre-�.rions letter of opposition to co ver the modified proposal. We ovn and reside on residential Property w`itltin 200 feet of the Smith property We renum opposed to the modified proposal of April 87 2021 related to proposed rezoning of The Estate of Hart F_ Snuth and Juliana Dunn Smith property for the sante reasons that ii-e opposed the original proposal. In addition_the high pressure pipeline should be considered at this point rather than at the point of platting since the existence of the very old high presstue and high volume pipeline is potentially dangerous and,therefore,should preclude zoning for high density residential dwellings_ It seems improper for a nodif ed proposal to be considered without sending fresh formal notices to all residenti.,1 property'miners within,ane-half rule of the Smith Property_ The effect of this proposal is significant to the entire residential neighborhood not just to property owners within 200 feet! I believe you must treat all apposition to the original proposal as remaining opposition to the modified proposal. Thank you_James and Theresa Cass,1636 Grahatia Road Sent from my iPhone Staff Report Page 13 *stajlties planning to attend this meeting,who may require special services,are requested t©contact the DevelopmenR Services least 4a hours in advance at(3811 826.3240 Personas con mcaoacdades.due henen la intencjdn de aeistir a mta junta V cue ✓eau,sren servicies esoec ales se les suolica cue den ayisp 4a horas antes de la junta llamando al departamento de serviaos de desamolto al n�rn rq(361)826-3240 If you wish to address the Commission during the meeting and your English is limited,please calf the Development Services Department at(361) &2&3211]al hast 4a hours in advance to request an interpreter be present dunng the meeting.Si usted-deseg 4ingirse a la commission durante is junta y au innl6s as lim4ado favor de Ila=al dgRartamento de sepyi6,ros de deMrrnao al q(gWo roti ata 3240 at mends 40 hones antes de la junta n iniftrete ser presents dorante la onta. CITY PLANNING COMMfSSIONI PUBLIC HEARING NOTICE Rezoning Case No.0321d12 The Estate of Hart F.Smith and Juliana Dunn Smith have petitioned the City of Corpus Christi to consider a change of zoning from the"RE"Residential Estate District to the"CIG-2"General Commercial District and"RM- 2"Multifamily District resulting in a chap a to the Future Land Use Map.The property to be rezoned is described as. Located at or near 1402 Flour Bluff Drive and described as 39.92 acres out of Lots 6,7,8,9,and 10,Section 41,Flour Bluff and Encinal Farm and Garden Tracts as recorded in Volume A,Pages 41 to 43 of Map Records of Nueces County,Texas,located along the west side of Flour Bluff Drive,south of South Padre Island Drive (Stair►Highway 358),and west of Compton Road, The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit.Approval of a change of zoning,if inconsistent with the City's rnmprP_he.nslve Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning.The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council The public hearing will be held Wednesday, March 17, 2021, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street PUBLIC COMMENT. 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 the community,City staff, and City Boards and Commissions Public testimony and public hearing Input for public comment and on all items on the agenda at public meetings of City Boards and Commissions shall be provided in written format and presented to the designated staff member prior to the start of each meeting( s) of the City Boards and/or Commission Public comment/ input shall be provided, in writing, in the form of an e- mail limited to one page or by using the PUBLIC COMMENTIINPUT FORM found here http:l/www.cctexas.con-ddepartments/city-secretary.and shall be e-mailed to the following e- mail address: CatherineG@cctexas.com andlor AndrewD2@octexas corn The written public testimony shall be provided to members of the applicable City board or commission prior to voting on measures for that meeting That written testimony shall be limited in accordance with the City Secretary requirements and shall be placed into the record of each meeting. This written testimony shall serve as the required public testimony pursuant to Texas Gov't Code 551.()t)7 and shall constitute a puublpc_hearing for purposes of apub/c heartin requirement under law TO BE ON RECORD, THIS FORM MUST BE FILLED OUT SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT'SERVICES DEPARTMENT, P Q BOX 9277, CORPUS CHRISTI,TEXAS 78469-9277, ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD NOTE, In accordance with the Planning Commission By-taws, no discussion Mall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office or in person.by t I e hone call or by letter. Printed Name: /' Address._Name- City/State W� 1 t I ( ) IN FAVOR IN OPPOSITION Phone +' r REASON: Signature SEE MAP ON RE VERS✓=SIDE Case No.0321-02 INFOR Case No. Project Manager Andrew Dimas Property Owner ID 1111 Email AndrevvW@cdexas oom Staff Report Page 14 Andrew Dimas [DevSv{s] From: Catherine Garza Sent: Monday,March 15,2021 8:06 AM To: Andrew Dimas[Devsvcs];Craiq Garrison Subject: FW: [EXTERNAL]opposing#0321-02 Follow Up Flag: Follow up Flag Status: Flagged From:Barbara<bkilgore @stx.rr.com} Sent:Sunday,March 14,20212:06 PM To:Catherine Garza<catherineg@cctexas.com> Subject:[EXTERNAL]opposing#0321-02 [[WARNING: External e-mail.Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to 5ecurityAlertCOcctexas.com.] ] I live at 1659 Graham Rd. I am in opposition to the rezoning of the property by the Estate of Hart F. Smith and Juliana Dunn Smith. The rezoning case is 40321-02, Ours is a very quiet single family neighborhood which I feel would be compromised by this rezoning. In addition, I would not like to see the city in conflict with the Navy base and this rezoning would cause problems similar to what the CC school district experienced. I can guarantee that the training planes fly directly over this property. The reason I know this is because they fly directly over my house and turn to cross that property to return to the base. From previous experiences, I am aware that the Navy only wants single family dwellings, no apartments or concentration or people in one area. I hope that you consider my concerns. This would not be an appropriate rezoning for this property. Please notify me that you received this email. Barbara Kilgore 1659 Graham Rd. 361-877-0258 Staff Report Page 15 Andrew Dimas [DevSvcs] From: Catherine Garza Sent: Tuesday, March 16, 2021 12:05 PM To: Craig Garrison;Andrew Dimas[DevSvcs] Subject: Fwd:Opposition to Smith Estate rezoning Case No.0321-02 Follow Up Flag: Flag for follow up Flag Status: Flagged Sent from my iPhone Begin forwarded message: From:Frank Hagler<frank.hagler@gmail.com> Date: March 16,2021 at 1:36:11 AM CDT To:Catherine Garza rcatherineg@cctexas.com>, Frank Hagler{frank.hagler@gmail.com> Subject:Opposition to Smith Estate rezoning Case No.0321-02 [[WARNING:External e-mail.Avoid clicking on links or attachments.We will NEVER ask for a password, username,payment or to take action from an email.When in doubt,please forward to SecurityAlert@cctexas.com.]] The proposed rezoning of the Smith Estate to allow high density housing very near both Graham Road and Wittner Place is inappropriate. My property was purchased for very specific reasons.It is a semi-rural 1-acre property surrounded by other semi-rural 1-acre plus size properties.We wanted privacy,quiet,a Cul-de-Sac,and safety. Adding high density housing to this area not only significantly devalues existing and longstanding properties but will have non-trivial impacts upon the neighborhood's privacy,level of noise, and very likely its safety.These changes are wholly unacceptable and incongruent with established zoning in this area. Clearly,there are more suitable locations in Flour Bluff that do not border larger tracts of land that host well established families in valuable homes. Additionally water access points and privacy along the Oso Bay shoreline are concerns.The Oso Bay is a protected wetland environment.Currently,there is virtually no foot traffic along its naturally reedy and muddy Eastern shoreline.The shoreline of this fragile ecosystem with its reeds and small mangroves traps trash easily.I have seen only two people walking it the last few years.The addition of high density housing in the proposed location may change both the number of people on this shoreline and the amount of trash significantly for the worse.I have seen a wide variety of wildlife Staff Report Page 16 utilizing this area including a significant number of Cranes. One bird I saw way have even been a Whooping Crane, but I can't be absolutely positive of that. To summarize for my family, we strongly oppose allowing high density housing to negatively impact the well established nature of our community especially without neighborhood approval. Thank you for your time, Frank Hagler 1713 Wittner Place Frank Hagler frank.hagier@)gmall.com Staff Report Page 17 Andrew Dimas [DevSvcs] From: Catherine Garza Sent: Wednesday, March 17,2021 1:22 PM To: Andrew Dimas[DevSvcs];Craig Garrison Subject: FW:Opposition to Rezoning case 6321-02 Estate of Hart Smith Follow Up Flag: Follow up Flag Status: Flagged From:sus-an ludka{sludka@sbcgloba1.net> Sent:Wednesday, March 17,202112:56 PM To:Catherine Garza¢catherineg@cctexas.com} Subject:opposition to Rezoning case 0321-02 Estate of Hart Smith [ [WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment orto take action from an email. When in doubt, please forward to SecurityAlert@cctexas.corn. ] ] My husband Larry Ludka and I live at 1631 Graham Road which is approximately 730 feet from the Smith property in question_ We stand firmly in opposition to this rezoning for apartment use since apartments are contrary to the existing single family use on the south and east side of the Smith property_ We bought our property approximately 30 years ago and,of course,things have changed and homes have been built_ Houses have been built on Graham Road on both sides of Flour Bluff Drive,on Wittner Drive,on Cantera Trail,and on Compton Street. All of this is expected but has followed the RE designation of this area. To inject apartments into this residential area makes a mockery of any type of zoning consistency. We purchased our homes based on the residential plan outlined for future development. Using the parcel in question for residential estate use as Compton and Cantera have done is consistent with the neighborhood. We firmly oppose this zoning request to develop apartments. other potential issues are gas pipelines that purportedly run under and near this property and the traffic congestion that already exists on Flour Bluff Drive near Compton Street and the Murphy's Gas entrance and the Walmart entrance. Traffic is an uncontrolled disaster in this area with multiple accidents and at least one fatality that I know of and additional traffic from 206-3D0 apartment units will be extremely dangerous, I'm sure that Greg Smith would not like apartments and commercial development further down Flour Bluff Drive in his neighborhood and I'm also sure that he chose to live where he can enjoy the benefits of his residential estates neighborhood. our neighborhoods deserve the same consideration,consistency,and respect. Please present this at the rezoning hearing and please let me know that you have received this letter, Thank you: Lary and Susan Ludka 1 Staff Report Page 18 Andrew Dimas [DevSvcs] To: Nina Nixon-Mendez Cc: Catherine Garza Subject: RE:Flour Bluff Apartments and Commercial Space From:Amrita Reitz cearthymotherggmail.com} Sent:Wednesday,March 17,202110.22 AM To:Paulette Guajardo cPaulette.GuaiardoOcctexas.com};Arlene Medrano{arlenemPcctexas.com5;Alice Acuna zAl iceA(a)cctexa s.co m> Cc:Daniel McGinn[ESI]<DanielMc@cctexas.com3 Subject:Flour Bluff Apartments and Commercial Space [ [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(cPcctexas.com. ] ] Good Morning Mayor Guajardo, My name is Amrita Reitz and I am sending you this email to introduce myself. I just purchased Joe Adame's home in Flour Bluff on Graham Rd. I heard you know the home and you are a Flour Bluff Hornet as will my 3 children be in the near future. We are very excited to be here in Corpus Christi and I too would like to offer my help on projects to promote the preservation and quality of life here in Corpus Christi. As a family with a long history of civic and public service we would like to work with you with regards to any program or issues affecting Flour Bluff. I have just met my neighbors here on Graham Rd and the surrounding streets. As we were unpacking the large truck, new friends and neighbors wandered over to introduce themselves and welcome us to the neighborhood. Staff Report Page 19 1 was made aware of a huge apartment complex and commercial space being planned right next to our home. I am writing a long letter this evening (I will include you on this email) regarding the impact on Oso Bay, our beautiful wetlands and Flour Bluff School district. I have a vision about the land next to us being developed into a potential wildlife and sealife sanctuary, possible rehab center for injured animals, and a place that celebrates our unique biosphere. Serving the local area, Texas Parks and Wildlife as well as other agencies who could bring injured animals to a future facility. Thoughts and dreams start just as that a dream. I am reaching out to potential partners to make such a facility a reality, and hearing of a high density apartment complex/commercial space would take away a premier wetlands area. Such a use is not in keeping with the neighborhood and its connection to local wildlife. It would be wonderful to meet you sometime. I know your plate must be full right now with an international port, roads, Texas A&M and so much more going on. But this is important. VERY VERY important to address. Thank you for all your kind attention. Sincerely, Amrita Reitz-Rees mrita Reitz 305-660-3611 Cell Staff Report Page 20 From: CatFwrina Gama To: Andrew Dimas[DevSvcsl. Craig Garrison Subject: FW: [EkTERNAL]Catheriie Garza Subject:Continued apposition to modified proposal j Smith Prope; Date: Wednesday,April 14,2021 10:21:58 AM From: Karl False <kk7surfs[a gmail.com> Sent:Wednesday,April 14, 202110:21 AM To: Catherine Garza <catherineg cctexas.corn>; Karl False 40surfs r@grnail.com> Subject: [EXTERNAL]Catherine Garza Subject: Continued opposition to rrodified proposal /Smith Property [ [ 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 o)cctexas.com. ] ] We remain opposed to the modified proposal of April d, 2021 related to proposed rezoning of The Estate of Hart F_ Smith and Juliana Dunn Smith property for the some reasons that we, opposed the original proposal_ In addition; the high pressure pipeline should be considered at this point rather than at the point of platting since the existence of the very old high pressure and high volume pipeline is potentially dangerous and, therefore, should preclude zoning for high density residential dwellings Kari Folse 1721 Wittner PI, Corpus Christi, TX 78418 805-708-5354 Staff Report Page 21 Andrew Dimas [DevSvcs] From: Catherine Garza Sent: Wednesday,April 14,2021 1:29 PM To: Andrew Dimas [DevSvcs];Craig Garrison Subject: FW: Rezoning of The Estate of Hart F.Smith and Juliana Dunn Smith property Follow Up Flag, Flag for follow up Flag Status: Flagged From:Calhoun Montie<texasmontie@sbcglobal.net> Sent: Wednesday,Apri 114,2021 12:41 PM To:Catherine Garza<catherineg@cctexas.com> Subject: Rezoning of The Estate of Hart F.Smith and Juliana Dunn Smith property [ [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. ]] Deal Catherine, am a home owner at 1643 Graham Rd.,Corpus Christi, Tx 78418. I am opposed to the rezoning of the property of the Estate of Hart E. Smith. If the priority of Flour Bluff residents is being put foremost above all else, the rezoning would not happen. There are several reasons I believe this. 1_ It is too close to the Navy Base where they do practice flights_Reference the accident near Orange Grove with Navy Pilots. If there were apartment residents in the place where an accident like this happens you can only imagine the children and others that would be hurt or worse yet killed. 2. This has been an area where residents own single residential homes. Most bought these homes for privacy reasons. 3_ The traffic that would increase with that amount of apartments would be terrible. The oncoming traffic from SPID and Flour Bluff road would be impeded_ The residents if this were to be approved would have a hard time leaving due to traffic_ 4. There are old pipelines that could be very dangerous if not checked out property. 5_ In general I am opposed to this rezoning. Thank you for the opportunity to voice my opinion. Sincerely, Montie Galhoun Staff Report Page 22 From: C,therine rarfa To: Andrew Dimas IDevSvcsli Cralg C,drrison Subject: FW:Rezonirg of Estabe of Hart F.Smith &Juliana Dunn Smith,Flour elufF Da be: Wednesddy,April 14,2021 2:11:08 PM Importance: High From:Jack North<jnortInr@ netcctx.com> Sent:Wednesday,April 14, 20212:07 PM To: Catherine Garza <catherineg a@cctexas.com> Subject: Rezoning of Estate of Hart F. Smith &Juliana Dunn Smith, Flour Bluff [ [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.5ecurityAlert(@cctexas.com. l 1 Catherine Garza, By evidence of this letter, I oppose the modified proposal of April S, 2021 related to the proposed rezoning of the above referenced property. Thank you for your consideration, Jack and Judy North 1675 Graham Rd. Staff Report Page 23 From: C,t+ onna Garza To: Andrew Dimas IoevSvcsli Craig Garrison Subject: FW:Oppased!!! Da be: Wednesddy,April 14,2021 10:43:42 AM —Original Message--- FrDm:Micluelle Sdwkme,-;nuchelle schomef'antily_conl Sent: IVednesday-April 14, 202110:26:SIU! Io: Catherine Garza ::catherineg cctexas.com:> Subject: [EXTERNAL]Opposed!!! [ [IX.AR.NING: External e-mail. Av.oid clicking on links or attachments_'We will NEVER ask for a password, usermme,payment or to take action from an email.Ulm in doubt. please fon--ard to Securit-vAIert cctexas.com ] I Hello Mrs_Garza, MY mole is Michelle Schoene,my family and I lire at 1701 Winner_ Cogms Christi TX 78415.We Morin Opposed to the modified proposal of April 87 2021 related to proposed rezoning of The Estate of Hart F_ Snrith and Juliana Ihmn Snuth property for the same reasons that we opposed the Drigiml proposal_PLE.-kSE do not rezone the property!r! Thank}you_ The Schoene Family Sent from my iPhone Zoning Case No. 0321-02, The Estate of Hart F. Smith and Juliana Dunn Smith (District 1) Ordinance rezoning property at or near 1402 Flour Bluff Drive from the "RE" Residential Estate District to the "CG-1" General Commercial District, "RM- 2" Multifamily District, "RM-1" Multifamily District, "RS-TH" Townhouse District, and the "RS-22" Single-Family 22 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 4.12 Acre, Zoning Tract, out of Lot 6, Section 41 , Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 through 43, Map Records of Nueces County, Texas as shown in Exhibit "K.- from the "RE" Residential Estate District to the "CG-1" General Commercial District. 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 and 11.60 Acre, Zoning Tract, out of Lots 6, and 7, Section 41 , Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 through 43, Map Records of Nueces County, Texas, as shown in Exhibit "B".- from B":from the "RE" Residential Estate District to the "RM-2" Multifamily District. 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 and 15.62 Acre, Zoning Tract, out of Lots 7, 8, and 9, Section 41 , Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 through 43, Map Records of Nueces County, Texas, as shown in Exhibit "C".- from C":from the "RE" Residential Estate District to the "RM-1" Multifamily District. 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 and 4.84 Acre, Zoning Tract, out of Lots 9 and 10, Section 41 , Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 through 43, Map Records of Nueces County, Texas, as shown in Exhibit "D".- from D":from the "RE" Residential Estate District to the "RS-TH" Townhouse District. 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 and 3.73 Acre, Zoning Tract, out of Lot 10, Section 41 , Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 through 43, Map Records of Nueces County, Texas, as shown in Exhibit "E".- from E":from the "RE" Residential Estate District to the "RS-22" Single-Family 22 District. The subject property is located at or near 1402 Flour Bluff Drive. Exhibit A, B, C, D, and E, which are the Metes and Bounds of the subject property with an associated map attached to and incorporated in this ordinance. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1 , 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1 , Section 1 .10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. Page 2 of 16 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 16 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 16 Exhibit A URBAN ENGINEERING Job No-:42674.CO00 April 29,2021 Exhibit A Zoning Tract A 4.12 Acre STATE OF TEXAS COUNTY OF_LECES Fieldnotm, for a 4.12 Acre, Zoning Tract, out of Lot 6, Section 41, Flour Bluff and Encinal Farm and Garden Tracts,a map of which is recorded in Volume A,Pages 41 through 43,Map Records of Nueces County, Texas,said 4.12 Acre Zoning Tract being more fully described as follows- Beginning, at a 1/2 Inch Iron Rod Found on the Northwest Right-of-Way line of Flour Bluff Drive, a public roadway,being the South comer of Lot 1,Murphy Oil Subdivision,a map of which is recorded in Volume 67,Page 695,said Map Records; Thence,South 2833'44"West,with the said Northwest Right-of--Way 59933 Feet,to the East comer of a 7.100 Acre Tract,being out of Lots 6 through 10,said Section 41,as described in a Warranty Deed from Juliana Smith to the City of Corpus Christi,recorded in Document No.2011004146,Official Public Records of Nueces County,Teams,for the South comer of this Tract,from's1lience,a 518 Inch Iron Rad with a red plastic cap stamped "URBAN ENGR CCTX"Found bears South 28°33'44"West,25.00 Feet; Thence,North 61'17'45"West,with the Northeast boundary line ofthe said 7.100 Acre Tract,300.00 Feet, to the West comer of this Tract; Thence,North 28°33'44"East, over and across the said Lot 6, 598.48 Feet,to a point on the Southwest boundary line of the said Lot 1. for the North corner of this Tract,from Whence,a 112 Inch Iron Rod Found,for the common comer of Lots 1 and 2,said Murphy Oil Subdivision,bears North 61°2731"West,84.67 Feet; Thence, South 61°27'31" East,with the common boundary lure of the said Lot 1 and this Tract,300.00 Feet,to the Point of Beginning,containing 4.12 Acres(179,671 Sq.Ft.)of Land,more or less. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983,Texas South Zone 4205,and are based on the North American Datum of 1983(2011)Epoch 2010.00. Unless this heldnotes description,including preamble,seal and signature,appears in its entirety,in its original farm, surveyor assumes no responsibility for its accuracy. 4.12 Acre Tract is located within the City limits of Carpus Christi, Texas and a subdivision based on this sketch/description maybe in violation of the current City of Corpus Christi subdivision ordinance. Also reference accompanying sketch of tract described herel'72. OF URBAN ENGINEERING JAMES aavip CARR • 6 458 �:� James D.Carr,R.P.L.S y X55 C l License No.6458 S:kS—yiugk426741C000EODNING TRACT-r..ABEI-ED AS EXHIEBYPEN42674C66E_20210119_4.12Ac -A.d—. Page 1 of 1 OFFICE=(361)8543101 2725 SWANTNER DR•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 ,,vww.urbanene.com TBPE Firm#145•TBPLS Firm 4 10032400 Page 5 of 16 Ca)C del Oso roaW � cad dais - _ __ m L _ ___ � -— ? ti S Ut 33. Fq. 92. �. V.k.h.-'.T.v31 (y rr s'A� VA rA win G t 57 a TI y a m� a E E-E WE T C- - 11 as — rc I F.1 15fi - LI- Nz I maw ❑ a F� $ I I Pau _ s I T at' m m m=m N28'33'44'E 598.48' sN Iml R$ T!8 00�m =: zcn c. I YR Z '��- 3, a w ay I �@ o y m ..� oc�ii v10i 96:10 z rn 528'33'44 W 599.33 Flour 81uff Drive 4 C p IZI Page 6 of 16 Exhibit B URBAN ENGINEER N C:. Jab No.:42674_CO.00 April,29,2021 Exhibit A Zoning Tract B 11.60 Acre STATE OF TEXAS COUNTS'OF 1Z'ECES Fieldnotes. for an 11.60 Acre,Zoning Tract,out of Lots 6,and 7,Section 41.Flour Bluff and Eucinal Farm and Garden Tracts,a mag of which is recorded in Volume A,Pages 41 through 43,NSap Records of Nueces County,Texas,said 11.60 Acre Zoning Tract,being more fully described as follows: Commencing at a 112.Inch Iron Rod Found,on the Northwest Right-of-Way line of Flour Bluff Drive,a public roadway,being the South comer of Lot 1,Marphy Oil Subdivision,a map of which is recorded in Volume 67,Page 695,said Map Records; Thence,North 61°27'31"West,with the Southwest boundary line of the said Lot 1,300.00 Feet,for the Point of Beginning and East corner of this Tract; Thence,South 28°33'44"West,599.48 Feet,over and across the said Lot 7.to the Northeast boundary line of a 7.100 .Acre Tract,out of Lots 6 through 10,said Section 41,as described in a Warranty Deed from Juliana Smith to the City of Gorpus Christi,recorded in Document No_2011004146,Official Public Records of Nueces County,Teslas,for the South corner of this Tract; Thence over and across the said Lots 6 and 7,with the co mmaon boundary_�of the said 7.100 Acre Tract and this Tract as follows- • North 61117'45"West,635.58 Feet; • North 16117'51"West,121.32 Feet; • North 28°42'15"west,29.22 Feet; • North 61017'45"West,163.83 Feed to the West comer of this Tract Thence,North 2814215"Easy over and across the said Lot 7,480.96 Feet,to the North comer of this Tract,from S'4-hence,a 518 Inch Iron Rod with plastic cap stamped"JOHNSON&PACE INC."Found,being the West corner of the Lot 2,said Mnuphy Oil Subdrasion,bears,North 61°27'31"West,117.00 Feet; Thence,South 6112731"East with the Southwest boundary lune of Lots 1 and 2 said Murphy Oil Subdirnsim at 799.05 Feet pass,a 112 Inch Ian Rod Found,being a common comer of the said Lots 1 and 2,in all 883.72 Feet,to the Point of Beginning,cou lainung 11.60 Acres(505,695 Sq.Ft}of Land more or less. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983,Texas South Zane 4205, and are based on the North American Datum of 1983(2011)Epoch 2010.00. Unless this fieldnotes description,including preamble,steal and Signature,appears in its entirety,in its oneginal farina surveyor assumes no responsibility for its accuracy_ 11.60 Acre Tract is located within the City limits of Corpus Christi,Texas and a subdivision based on this sketch/description may be in-nolation of the current City of Corpus Chrsti subdivision or e. Also reference accompmrytrrg sketch of tinct described herein. OF T41 P,.� URBAN ENGINEERING JAMES DAMD CARR Q CaRE $paP a James D_Can,R_PI._S_ ..U... . License No.6458 S:%S---Zn 426741C000E1ZONING TRACT-LABEI.EO AS E]C13ID1T•.FN42674C06E_ 119_11.60Ae (6&7)-13 d1— Page 1 0f 1 OFFICE:(361)854-3101 2725 SWANINER DR_a CORPUS CHRISTI TEXAS 78404 FAX(361)854-6001 tvww.tubanena.com TBPE Firm#145 ra TBPLS Firm#10032400 Page 7 of 16 Cay/c def Oso x _ - - ma� one ma �" g➢'t� - a Im azo- o." ao�a tial �Le'�— _ - �� —_J m _ 17. 3 a vA 33, Pg. 92 ] Ycl b - �� �a� 29. - C O Ea A _ _ r^ Lot quG P. _ - T.:f, - ? C O I F.] 156. - - 'm �a = Lne N28'42'15"E 480.96'r ' r L _ � I `,AL2 Ln" T � ri° z I�jm 4- °�e{;} ��•�.'�-" 528'33444"W 598.48•.` `> am YRz Flour Bluff Drive 0 e� E N�Z-,4'7 c...V]O �Nrmmnn ti ❑ • • • -4 m - - - - UJ C, - Page 8 of 16 Exhibit C URBAN ENGINEERVNG Job No.:42614.00.00 April 29,2021 Exhibit A Zoning Tract C 15.62 Acre STATE OF TEXAS COUNTY OF NUECES Fieldnotes for a 15.62 Acre, Zoning Tract, out of Lots 7, 8, and 9, Section 41, Flour Sluff and Eacmal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 through 43,Map Records of Nueces County,Texas,said 15.62 Acre Zoning Tract being more fully described as follows: Commencing at a 112 inch Iron Rod Found, on the Northwest Right-of-Way line of Flour Bluff Drive, a public roadway,being the South corner of Lot 1, Murphy Oil Subdivision, a map of which is recorded in Volume 67,Page 695,said Map Records; Thence,North 61'27'3 1"West,with the Southwest boundary line of the said Lot 1,at 384.67 Feet pass,a 1f2 Inch Iron Rod Found,in all 1183.72 Feet, for the Paint of Beginning and East corner of this Tract; Thence, South 28'42'15" West, over and across the said Lot 7, 480.96 Feet, to the Northeast boundary line of a 7.100 Acre Tract,being out of Lots 6 through 10,said Section 41,as described in a Warranty Deed from Juliana Smith to the City of Corpus Christi,recorded in Document No.2011004146, Official Public Records of Nueces County,Texas,for the South corner of this Tract; Thence,North 61°17'45"West, over and across the said Lots 7 through 9, with the Northeast boundary of the said 7.100 Acre Tract, 1197.00 Feet,to the West corner of this Tract; Thence, North 28'42'15" East, over and across the said Lot 9, 604.28 Feet, to the Southwest boundary line of Lot 5,Lexington Industrial Center, a map of which is recorded in Volume 29,Page 47, said Map Records,for the North corner of this Tract,from'% hence,a 5f8 Inch Iron Rod Found,being the West corner of Lot 2, Lexington industrial Center, a map of which is recorded in Volume 29, Page 47, said Map Records,bears North 61'26'43"West,324.71 Feet; Thence, South 61°26'43"East,with the said Southwest boundary line,at 362.90 Feet pass,a 5.`8 inch Iron Rod Found,on line,in all 592.51 Feet,to a 5/8 Inch Iron Rad with a red plastic cap stamped "URBAN ENOR CCTX"Found,on the Southwest boundary line of Lot I IA,Lexington Industrial Center,a map of which is recorded in Volume 68,Page 837,said Map Records,being an outer ell corner of Lot 15A,Lexington Industrial Center,a map of which is recorded in Volume 56,Page 156,said Map Records,and an outer ell corner of this Tract; Thence with the common boundary of the said Lot 15A and this Tract as follows- • South 28'12'06"West,100.00 Feet,to a common comer of the said Lot 15A and this Tract, from[Rhence,a 5f8 Inch Iron Rod Found,bears South 67°08'28"West,0.76 Feet; S:%S�evmgl426741C000E1ZONING TRACT-LABELED AS EXfiIB=42674C40E_20210422_15.62Aer CAI' Page 1 of 2 OFFICE:(361)854-3101 2725 SWANTNER DR•CORPUS CHRISTI TEXAS 78404 FAX(361)854-6001 www.tubanene.00m TBPE Film 1#145 a TBPLS Firm h!10032.400 Page 9 of 16 • South 6126'43"East,300.01 Feet,to a 518 Inch Iron Rod Found,for a common comer of the said Lot 15A and this Tract; • North 28412'06"East,at 99.61 Feet pass, a 5f8 Inch Iron Rod Found,in all 100.00 Feet,to the Southwest boundary hue of Lot 16, Lexington Industrial Center, a map of which is recorded in Volume 32,Page 88, said Map Records, being an inner ell comer of the said Lot 15A,for an outer ell corner of this Tract; Thence, South 6126'43"East,with the Southwest boundary line of the said Lot 16 and Lot 17, Lexington Industrial Center,a map of which is recorded in Volume 28,Page 37,said Map Records,187.09 Feet,to a 518 Inch Iron Rod with plastic cap stamped"JOHNSON&PACE INC_"Found,toeing the North corner of Lot 2, said Murphy Oil Subdivision,for an outer ell comer of this Traci? Thence, South 28431'29" West,with the common boundary of the said Lot 2, 126.46 Feet, to a 518 Inch Iron Rod with plastic cap stamped"JOHNSON&PACE 1NC."Found,being the West corner of the said Lot 2,for an inner ell comer of this Tract; Thence, South 61427'31" East,with the Southwest boundary line of the said Lot 2, 117.00 Feet, to the Point of Beginning, containing 15.62 Acres(680,372 Sq. Ft.)of Land,more or less. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983,Texas South Zone 4205,and are based on the North American Datum of 1983(2011)Epoch 2010.00. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form,surveyor assumes no responsibility for its accuracy. 15.62 Acre Zoning Tract is located within the City limits of Corpus Christi,Texas and a subdivision based on this sketchldescription may be in violation of the current City of Carpus Christi subdivision ordinance. Also reference accompanying sketch of tract described herein. OF p URBAN ENGINEERLNCi ��•'i s r�-' "ty JAMES DAVD CARR x 5458 +r'i James D_Carr,R.P.L.S. f 4 A 4 '•, License No. 6458 -1 S:lSm ffying1426741C000E1ZONING TRACT-LABELED AS EHEBITtiF'N42674C00E_20210422_15.62Aer C dmx Page 2 of 2 OFFICE:(361)8543101 2725 SWANTNER DR•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbanenc.earu TBPE Firm#145•TBPLS Firm 4 10032400 Page 10 of 16 Cayce del Oso ;T 7 4M 45 r- FM N28'42'1 5"E 604.26- Vd33. a Pg 92, IA. O.T. ars`a -w R9 -"E LimI 0 t, 1HI vd 56, F3.156, ?5 ofl LI- L51 528'4215 W 480.96 Win— I I mmm ysq m MI A-3 A—13 E CIE z =Fl z Flour Bluff Drive :2E co qco r Page 11 of 16 Exhibit D URBAN ENGINEERING Job No.:42674_CO.00 April 2%2021 Exhibit A Zoning Tract D 4.84 Acre STATE OF TEX.-VS COUNTi'OF 1-L7ECES Fieldnotes for a 4.84 Acre;Zoning Tract;out of Lots 9 and 10,Section 41,Flour Bluff and Encinal Fame and Garden Tracts,a map of which is recorded in Volume A,Pages 41 through 43,Map Records of Nueces County,Texas,said 4.84 Acre Tract being more fully described as follows: Commencing at a 5/8 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CCTX'Found,on the Southwest boundary line of Lot 11 A,Lexington Industrial Center,a map of which is recorded in Volume 68,Page 837,said Map Records, also being an outer ell corner of Let I5A,Lexington Industrial Center,a map of which is recorded in Volume 56,Page 156, said Map Records; Thence,North 61126'43"West.with the said Southwest boundary line,at 229.61 Feet pass,a 5/9 Inch Iron Rod Found,in all 592.51 Feet,for the Paint of Beginning and East corner of this Tract; Thence,South 2842'15"West,aver and across the said Lot 9,604.28 Feet.to the Northeast boundary line of a 7.100 Acre Tract,being out of Lots 6 through 10,said Section 41,as described in a Warranty Deed from Juliana Smith to the City of Corpus Christi,recorded in Document No_2011004146,Official Public Records of Nueces County,Texas,for the South toner of this Tract; Thence,North 61'17'45"West,over and across the said Lots 9 and 10;with the Northeast boundary of the said 7.100 Acre Tract,348.95 Feet,to the West comer of this Tract; Thence,North 28142'15"Fast,over and across the said Lot 10,60337 Feet,to the North corner of this Tract; Thence, South 6112643" East. at 24.25 Feet pass, a 518 Inch Iron Rod Found,being the West comer of Lot 2, Lexington Industrial Center,a map of which is recorded in Volume 29,Page 47,said Map Records,m all 348.95 Feet,to the Point of Beginning containing 4.84 Acres(210,705 Sq.Ft_)of Land,more or less_ Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983,Texas South Zane 4205, and are based on the North American Datum of 1983(2011)Epoch 2010.00_ Unless this fieldnotes description,including preamble,seal and signature,appears in its entirety,in its original form,surveyor assumes no responsibility for its accuracy_ 4.84 Acre Zoning Tract is located within the City Bunts of Corpus Christi, Texas and a subdivision based on this sketchAescription may be m violation of the current City of Carpus Christi subditiision ordinance. Also reference accompany7ng.sketch of tract described herein- TTRRANFNC;TNFF.RTNC JAMES......D, ... 645$ y �ssic` �� James D.Carr,R_P.L.S. Q s u y License No_6458 S:lSo evuxg\42674%C000EIZONING TRACT-LABEIM AS EXI- rrTN42674CD6E_20210119_4,94 Aems-Lots 9&10-D.d..Page 1 of 1 OFFICE=(361)8543101 2725 SWANTNER DR-•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.tubanene.eomn TBPE Firm#145 e TBPLS Firm#100324M Page 12 of 16 COYO dei OSS - 416.03.-37' • _ - - a o A 9 1 0 oHtN28'42'1nI T L4 FM a a — m S28'42'1 5W 604.28 1,LA a _ n a ?'c / _ E E- EET - / F ml 6 lI�`_ � I 56. _ a m - m Pg W II.R.N. �m = ' -_ Lllrvp - - Y'°I. 11,r-. - - - - M.f.h C.T. t ' m a1 ' Lai u� Z Om F -- _ u s m Flour Bluff Drive e� Q 1 L V 0 r=mwnrd 4 ❑ • • • • r ' �--Izrn N u - m m = Page 13 of 16 Exhibit E URBAN ENGINEERING Job No.: 42674.00.00 April 29, 2021 Eyllil)it A Zonnin- Tract E 3.73 Acre STATE OF TEXAS COUNTY OF NUECES Fieldnotes for a 3.73 Acre,Zoning Tract, out of Lot 10, Section 41, Flour Bluff and Encinal Farrel and Garden Tracts, a map of which is recorded 'in Volume A, Pages 41 through 43,Map Records of Nueces County,Texas,said 3.73 Acre Tract being more fully described as follows: Commencing,at a 518 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CCTX" Found, on the Southwest boundary lune of Lot 11A, Lexington Industrial Center, a rnap of which is recorded in Volume 68,Page 837, said Map Records,also being an outer ell corner of Lot 15A, Lexington Industrial Center, a rnap of which is recorded in Volune 56, Page 156, said Map Records:. Thence, North 61°2643" West, with the said Southwest boundary line, at 229.61 Feet pass. a 518 Inch Iron Rod Found, at 917.21 Feet pass, a 518 Inch Ion Rod Found. being the West corner of Lot 2, Lexington Industrial Center, a neap of which is recorded un Volume 29, Page 47,said Map Records,in all 941.46 Feet, for the Point of Beginning and East corner of tlis Tract; Thence_ South 28'42'15"West, over and across the said Lot 10, 603.37 Feet, to the Northeast boundary lute of a 7.144 Acre Tract, being out of Lot 10, said Section 41, as described in a Warranty Deed from Juliana Smith to the City of Corpus Christi, recorded in Document No. 2411004146, Official Public Records of Nueces County. Texas, to the South corner of this Tract: Thence_North 619 T45" West; over and across the said Lot 6 through 10,with the Northeast bou ndwy of tine said 7.100 Acre Tract, 285.51 Feet, to the West comer of this Tract; Thence,North 32°59"42" East, 290.96 Feet,to a 518 hlch Iron Rod with plastic cap (not legible) Found, for a corner of this Tract, Thence.North 28°21'06"East, at 312.02 Feet pass,a 518 Inch Iron Rod with plastic cap (not legible) Found. in all 312.54 Feet, to the on the Southwest boundary line of Lot SASmv 3yi 42674''.C400E',ZONTNG TRACT-LABELED AS ENH[Brr'FN42674C00E_20210114_3.73 A--Lot 10-E.d— Page 1 of 2 OFFICE:(361)854-3101 2725 SWANTNERDR-•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 ,w-vvwurbaneng.calu TBPE Firm#145•TBPLS Fun#10032400 Page 14 of 16 1R. Lexington Industrial Center. a neap of which is recorded in Volume 50, Page 71, said Map Records, for the North corner of this Tract; Thence, South 61'26'43" East, with the said Southwest boundary line, at 255.02 Feet pass, a 518 Inch Iron Rod Found, in all 265.67 Feet, to the Point of Beginning, containing 3.73 Acres(162,505 Sq. Ft.)of Land, more or less. Grid Bearings and Distances shou7n hereon are referenced to the Texas Coordinate System of 1983. Texas South Zone 4205. and are based on the North American Datum of 1983(2011) Epoch 2010.00. Unless this freldnotes description, including preamble, seal and signature. appears in its entirety, in its original fornn, surveyor assumes no responsibility for its accuracy. 3.73 Acre Zoning Tract is located within the City limits of Corpus Christi, Texas and a subdivision based on this sketch/description may be in violation of the current City of Corpus Christi subdivision ordinance. AISO I•efeVence accompanying sketch of 17-act described herein. OF,Ttr URBAN ENGINEERING R.''� S T � JAMES DAVID CARR � rss�a� a 6L Sl164 �� James D. Carr, R.P.L.S. License No. 6458 S:%S—ffyiugk42674%C000E1WN1NG TRACT-LABELED AS E3G3 BrT%FN42674C00E_20210119_3.73 Acres-Lot ZO-E.da PagC 2 Df 2 OFFICE:(361)8543101 2725 SWANTNER DR•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 wvww.tubanene.coir TBPE Film#145•TBPLS Firm#14032400 Page 15 of 16 Cayo del Oso :z N32*59'42'E7 N.28*21'06"E 0 290.96' 312 2 7 Ui Ird -4 7.7 RZ 528'42'15'W 603,37' V11 33. 92 w M 'd 4 29 EA E --Un, –7 J E- E ET —7— 5 tl as Lhwe— u 7m: Lit UF� X1 II !4,m 77r IT —L-,:, r Flour Bluff Drive Z-,l CO c Y)0 T=0 C> -me 1 RTI ID k,F1 -4 z mr Uj Page 16 of 16 Zoning Case No. 0321-02, The Estate of Hart F. Smith and Juliana Dunn Smith (District 1) Ordinance rezoning property at or near 1402 Flour Bluff Drive from the "RE" Residential Estate District to the "CG-1" General Commercial District, "RS- 6/SP" Single-Family 6 District with a Special Permit, "RS-6" Single-Family 6 District, and the "RS-22" Single-Family 22 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 4.12 Acre, Zoning Tract, out of Lot 6, Section 41 , Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 through 43, Map Records of Nueces County, Texas as shown in Exhibit "K.- from the "RE" Residential Estate District to the "CG-1" General Commercial District. 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 and 27.22 Acre, Zoning Tract, out of Lots 6, 7, 8, and 9, Section 41 , Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 through 43, Map Records of Nueces County, Texas, as shown in Exhibit "B".- from B":from the "RE" Residential Estate District to the "RS-6/SP" Single-Family 6 District with a Special Permit. 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 and 4.84 Acre, Zoning Tract, out of Lots 9 and 10, Section 41 , Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 through 43, Map Records of Nueces County, Texas, as shown in Exhibit "C".- from C":from the "RE" Residential Estate District to the "RS-6" Single-Family 6 District. 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 and 3.73 Acre, Zoning Tract, out of Lot 10, Section 41 , Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 through 43, Map Records of Nueces County, Texas, as shown in Exhibit "D".- from D":from the "RE" Residential Estate District to the "RS-22" Single-Family 22 District. The subject property is located at or near 1402 Flour Bluff Drive. Exhibit A, B, C, and D which are 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 regarding Exhibit B: 1. Uses: The only uses authorized by this Special Permit other than uses permitted in the base zoning district of the "RS-6" Single-Family 6 District, would be a townhouse development as permitted by "RS-TH" Townhouse District with two or more dwelling units per building, subject to the overall limitations that no more than 220 dwelling units within the 27.22 Acres may be developed in this zoning district. 2. Development Standards: Any townhouse development permitted under this Special Permit shall comply with all other development standards of the Code applicable to "RS-TH" Townhouse District. 3. Buffer Yards: Any townhouse development permitted under this Special Permit shall comply with all buffer yard requirements of the Code applicable to "RS-TH" Townhouse District adjacent to any other zoning districts. 4. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 24 months of this ordinance unless a complete building permit application has been submitted, and/or 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. Page 2 of 14 SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1 , Section 1 .10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. This ordinance shall become effective upon publication. Page 3 of 14 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 14 Exhibit A URBAN ENGINEERING Job No-:42674.CO00 April 29,2021 Exhibit A Zoning Tract A 4.12 Acre STATE OF TEXAS COUNTY OF_LECES Fieldnotm, for a 4.12 Acre, Zoning Tract, out of Lot 6, Section 41, Flour Bluff and Encinal Farm and Garden Tracts,a map of which is recorded in Volume A,Pages 41 through 43,Map Records of Nueces County, Texas,said 4.12 Acre Zoning Tract being more fully described as follows- Beginning, at a 1/2 Inch Iron Rod Found on the Northwest Right-of-Way line of Flour Bluff Drive, a public roadway,being the South comer of Lot 1,Murphy Oil Subdivision,a map of which is recorded in Volume 67,Page 695,said Map Records; Thence,South 2833'44"West,with the said Northwest Right-of--Way 59933 Feet,to the East comer of a 7.100 Acre Tract,being out of Lots 6 through 10,said Section 41,as described in a Warranty Deed from Juliana Smith to the City of Corpus Christi,recorded in Document No.2011004146,Official Public Records of Nueces County,Teams,for the South comer of this Tract,from's1lience,a 518 Inch Iron Rad with a red plastic cap stamped "URBAN ENGR CCTX"Found bears South 28°33'44"West,25.00 Feet; Thence,North 61'17'45"West,with the Northeast boundary line ofthe said 7.100 Acre Tract,300.00 Feet, to the West comer of this Tract; Thence,North 28°33'44"East, over and across the said Lot 6, 598.48 Feet,to a point on the Southwest boundary line of the said Lot 1. for the North corner of this Tract,from Whence,a 112 Inch Iron Rod Found,for the common comer of Lots 1 and 2,said Murphy Oil Subdivision,bears North 61°2731"West,84.67 Feet; Thence, South 61°27'31" East,with the common boundary lure of the said Lot 1 and this Tract,300.00 Feet,to the Point of Beginning,containing 4.12 Acres(179,671 Sq.Ft.)of Land,more or less. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983,Texas South Zone 4205,and are based on the North American Datum of 1983(2011)Epoch 2010.00. Unless this heldnotes description,including preamble,seal and signature,appears in its entirety,in its original farm, surveyor assumes no responsibility for its accuracy. 4.12 Acre Tract is located within the City limits of Carpus Christi, Texas and a subdivision based on this sketch/description maybe in violation of the current City of Corpus Christi subdivision ordinance. Also reference accompanying sketch of tract described herel'72. OF URBAN ENGINEERING JAMES aavip CARR • 6 458 �:� James D.Carr,R.P.L.S y X55 C l License No.6458 S:kS—yiugk426741C000EODNING TRACT-r..ABEI-ED AS EXHIEBYPEN42674C66E_20210119_4.12Ac -A.d—. Page 1 of 1 OFFICE=(361)8543101 2725 SWANTNER DR•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 ,,vww.urbanene.com TBPE Firm#145•TBPLS Firm 4 10032400 Page 5 of 14 Ca)C del Oso roaW � cad dais - _ __ m L _ ___ � -— ? ti S Ut 33. Fq. 92. �. V.k.h.-'.T.v31 (y rr s'A� VA rA win G t 57 a TI y a m� a E E-E WE T C- - 11 as — rc I F.1 15fi - LI- Nz I maw ❑ a F� $ I I Pau _ s I T at' m m m=m N28'33'44'E 598.48' sN Iml R$ T!8 00�m =: zcn c. I YR Z '��- 3, a w ay I �@ o y m ..� oc�ii v10i 96:10 z rn 528'33'44 W 599.33 Flour 81uff Drive 4 C p IZI Page 6 of 14 Exhibit B URBAN ENGINEERING Job No.:42 674.00.00 June 4-2021 E3hiBit A Zoning Tract B '7.23 acre STATE OF TFX-S COUNTY OF�ZU7ECES Fieldnotes,for an 27.23 Akre,Zoning Tract. out of Lots 6,7,8,and 9 Section 41,now Bluff and Encinal Farm and Garden Tracks, a map of which is recorded in Volume A, Pages 41 through 43, Map Records of Nueces County, Texas,said 27.23 Acre Zoning Tract,being more fully described as follows: Commencing at a 1?2 Inch Iron Rod Found, on the Northwest Right-of-'Way line of F1otu Bhsff Drive, a public roadway, being the South corner of Lot 1, Murphy Oil Subdivision, a map of which is recorded in Volume 67.Page 695, said Map Records; Thence.North 61°27'31"West,with the Southwest boundary line of the said Lot 1, 3(}0.00 Feet. to the Point of Beginning, for the East corner of this Tract; Thence, South 28°33'44"West, 599.48 Feet, over and across a portion of the said Lot 6, to the Northeast boundary line of a 7.10'0 Acre Tract, out of Lots 6 through 10, said Section 41,as described in a Warranty Deed from Juliana Smith to the City of Corpus Christi, recorded in Document No. 2011004146,Official Public Records of Nueces County, Texas,for the South corner of this Tract-- Thence ract;Thence over and across the said Lots 6, 7, 8 and 9, and with the common boundary of the said 7.100 Acre Tract and this Tract as follows: • North6l°17'45"West,635.58 Feet; • Noah 16°17'51"%Fest, 121.32 Feet; • Noith28°42'15"East, 29.22 Feet; • North 61°17'45"West, 1360.82 Feet,to the West corner of this Tract„ Thence, North 28'42'15" East, over and across the said Lot 9, 604.28 Feet, to the Southwest boundary line of Lot 5,Lexington Industrial Center, a map of which is recorded in Volume 29,Page 47, said Map Records,for the North comer of this Tract,from Whence,a 518 Each Iron Rad Found,being the West corner of Lot 2, said Lexington Industrial Center,bears North 61°26'43"West,324-71 Feet; Thence,South 61°26'43"East,with the said Southwest boundary lige, at 362.90 Feet pass,a 51 Inch Iron Rod Found, on line,in all 592.51 Feet,to a 5/8 Each Eron Rod with a red plastic cap stamped "URBAN ENGR CCTV'Found,an the Southwest boundary line of Lot 11A,Lexington Industrial Center,a map of which is recorded in Volume 68, Page 837, said Map Records,being an outer ell corner of Lot 15A Lexington Industrial Center,a map of which is recorded in Volume 56,Page 156,said Map Records,for a corner of this Tract; Thence with the common boundary of the said Lot 15A and this Tract as follows: S.'�Smvermg 42574'.W4M'ZMZNG TR.&Cf-LABF1.Frs AS II'.Fti42Z74CWE_20210119_27.2.3-EC.dncr. Pare 1 of 2 OFFICE:(361)854-3101 2725 SW-.L T_1TERDR•CORPUS CHRISTI,TEXAS 76404 FAX(361)854-6001 www.urbanemg.com TBPE Firm 4 145 •TBPLS Firm#10032400 Page 7 of 14 + South 28'12'06"West, 100-00 Feet,to a common corner of the said Lot 15A and this Tract, from Whence,a 518 Inch Iron Rod Found,bears South 67008'28"West,0-76 Feet; + South 61°26'43"East,300.01 Feet,to a 5f8 Inch Iran Rod Found,for a common corner of the said Lot 15A and this Tract; + North 28'12'06-East,at 99.61 Feet pass,a 518 Inch Iron Rod Found,in all 100.00 Feet,to the Southwest boundary line of Lot 16, Lexington Industrial Center, a snap of which is recorded in Volume 32, Page 88, said Map Records, being an inner ell corner of the said Lot 15A,for an outer ell comer of this Tract; Thence, South 61°26'43" East,with the Southwest boundary line of the said Lot 16 and Lot 17, Lexington Industrial Center,a map of which is recorded in Volume 28,Page 37,said Map Records, 187-09 Feet,to a 51 Inch Isvn Rod with plastic cap stamped"JOHNSON&PACE INC."Found,being the North corner of Lot 2, said Murphy fail Snbdiv inion,for an outer ell corner of this Tract„ Thence, South 28°31'29"West,with the common boundary of the said Lot 2, 126.46 Feet, to a 5f8 Inch Iron Rod with plastic cap stamped"JOHNSON&PACE INC-"Found,being the'West comer of the said Lot 2,for an inner ell corner of this Tract; Thence,South 61°27'31"East,with the Southwest boundary line of Lots 1 and 2, said Murphy Oil Subdh,ision, at 916.01 Feet pass,a 1.°2 Inch Iran Rod Found,being a common comer of the said Lots 1 and 2.in all 1000-72 Feet,to the point of Beginning,containing 27.23 Acres(1,186,142 Sq.Ft_)of Land, more or less. Grid Bearings and Distances show hereon are referenced to the Texas Coordinate System of 1983,Texas South Zone 4205,and are based on the North American Datum of 1983(2011)Epoch 2010.00- Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, sun-eyor assumes no responsibility for its accuracy- 27.23 Acre Tract is located within the City Limits of Corpus Christi: Teras and a subdivision based on this sketeWdescription mai;be in violation of the current City of Corpus Christi subdivision ordinance. Also reference accompanying sketch of tract described herein. URBAN ENGIIv7EERING L 4'. ..... .... ... .:: i:1r:P c�.• _ '. � :' Jame, D. C:a.f. R.P L.S. S_;Emveg 442G74'Oa0aF-MMNC,TRACr-I ABFrFr,AS rr-1\41j574COQE 20210119_27.23-HC.&EX Page 2 oft OFFICE:(361)854-3101 2725 SWANT_VE,RDR- ;CORPUS HT1,TEXAS 76444 FAX(361)854-6401 R-%-%,.urbaaeng.eom TBPE Firm;�,L 145 a TBPLS Firm 4 10032400 Page 8 of 14 Ccyn del Oso > lmi y F"' 'Z 21 Lt 0 l=aN2&42'1 5"E 604.28' '57 —1 5—U E— m o im T 4 i0 m U1 4- 'a Ch 1 4 7 T CD nV E- T 1:AE1EA'• A 7 II Li I IR 0r 111 j T L nz �E tz tz L5 A F ' 4"Pg 74, A a M R.N.C.T �2 m z z- 10,%'A L, III III M —3E F6:*-- F11 F11;2 71 ti g m III III V -T rn Z c 4,G) S28*33'44'W 598.48 Hm ^F7- -1-1 R- Z z71 128 3'4�"W 25,00 Flour Bluff Drive O 0 >M M>--40- M r77 zm IV C) 3 Page 9 of 14 Exhibit C URBAN ENGINEERING Job No.:42674_CO.00 April 2%2021 Exhibit A Zoning Tract D 4.84 Acre STATE OF TEX.-VS COUNTi'OF 1-L7ECES Fieldnotes for a 4.84 Acre;Zoning Tract;out of Lots 9 and 10,Section 41,Flour Bluff and Encinal Fame and Garden Tracts,a map of which is recorded in Volume A,Pages 41 through 43,Map Records of Nueces County,Texas,said 4.84 Acre Tract being more fully described as follows: Commencing at a 5/8 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CCTX'Found,on the Southwest boundary line of Lot 11 A,Lexington Industrial Center,a map of which is recorded in Volume 68,Page 837,said Map Records, also being an outer ell corner of Let I5A,Lexington Industrial Center,a map of which is recorded in Volume 56 Page 156, said Map Records; Thence,North 61126'43"West;with the said Southwest boundary line,at 229.61 Feet pass,a 5/9 Inch Iron Rod Found,in all 592.51 Feet;for the Paint of Beginning and East corner of this Tract; Thence,South 2842'15"West,aver and across the said Lot 9,604.28 Feet.to the Northeast boundary line of a 7.100 Acre Tract,being out of Lots 6 through 10,said Section 41 as described in a Warranty Deed from Juliana Smith to the City of Corpus Christi,recorded in Document No_2011004146,Official Public Records of Nueces County;Texas,for the South toner of this Tract; Thence,North 61'17'45"West,over and across the said Lots 9 and 10 with the Northeast boundary of the said 7.100 Acre Tract,348.95 Feet,to the West comer of this Tract; Thence,North 28142'15"Fast,over and across the said Lot 10,60337 Feet,to the North corner of this Tract; Thence, South 6112643" East. at 24.25 Feet pass, a 518 Inch Iron Rod Found,being the West comer of Lot 2, Lexington Industrial Center;a map of which is recorded in Volume 29,Page 47;said Map Records;m all 348.95 Feet,to the Point of Beginning containing 4.84 Acres(210,705 Sq.Ft_)of Land,more or less_ Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983 Texas South Zane 4205, and are based on the North American Datum of 1983(2011)Epoch 2010.00_ Unless this fieldnotes description,including preamble,seal and signature;appears in its entirety;in its original form,surveyor assumes no responsibility for its accuracy_ 4.84 Acre Zoning Tract is located within the City Bunts of Corpus Christi, Texas and a subdivision based on this sketchAescription may be m violation of the current City of Carpus Christi subditiision ordinance. Also reference accompany7ng.sketch of tract described herein- TTRRANFNC;TNFF.RTNC JAMES......D, ... 645$ y �ssic` �� James D.Carr,R_P.L.S. Q s u y License No_6458 S:lSo evuxg\42674%C000EIZONING TRACT-LABEIM AS EXI- rrTN42674CD6E_20210119_4,94 Aems-Lots 9&10-D.d..Page 1 of 1 OFFICE=(361)8543101 2725 SWANTNER DR-•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.tubanene.eomn TBPE Firm#145 e TBPLS Firm#100324M Page 10 of 14 COYO dei OSS - 416.03.-37' • _ - - a o A 9 1 0 oHtN28'42'1nI T L4 FM a a — m S28'42'1 5W 604.28 1,LA a _ n a ?'c / _ E E- EET - / F ml 6 lI�`_ � I 56. _ a m - m Pg W II.R.N. �m = ' -_ Lllrvp - - Y'°I. 11,r-. - - - - M.f.h C.T. t ' m a1 ' Lai u� Z Om F -- _ u s m Flour Bluff Drive e� Q 1 L V 0 r=mwnrd 4 ❑ • • • • r ' �--Izrn N u - m m = Page 11 of 14 Exhibit D URBAN ENGINEERING Job No.: 42674.00.00 April 29, 2021 Eyllil)it A Zonnin- Tract E 3.73 Acre STATE OF TEXAS COUNTY OF NUECES Fieldnotes for a 3.73 Acre,Zoning Tract, out of Lot 10, Section 41, Flour Bluff and Encinal Farrel and Garden Tracts, a map of which is recorded 'in Volume A, Pages 41 through 43,Map Records of Nueces County,Texas,said 3.73 Acre Tract being more fully described as follows: Commencing,at a 518 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CCTX" Found, on the Southwest boundary lune of Lot 11A, Lexington Industrial Center, a rnap of which is recorded in Volume 68,Page 837, said Map Records,also being an outer ell corner of Lot 15A, Lexington Industrial Center, a rnap of which is recorded in Volune 56, Page 156, said Map Records:. Thence, North 61°2643" West, with the said Southwest boundary line, at 229.61 Feet pass. a 518 Inch Iron Rod Found, at 917.21 Feet pass, a 518 Inch Ion Rod Found. being the West corner of Lot 2, Lexington Industrial Center, a neap of which is recorded un Volume 29, Page 47,said Map Records,in all 941.46 Feet, for the Point of Beginning and East corner of tlis Tract; Thence_ South 28'42'15"West, over and across the said Lot 10, 603.37 Feet, to the Northeast boundary lute of a 7.144 Acre Tract, being out of Lot 10, said Section 41, as described in a Warranty Deed from Juliana Smith to the City of Corpus Christi, recorded in Document No. 2411004146, Official Public Records of Nueces County. Texas, to the South corner of this Tract: Thence_North 619 T45" West; over and across the said Lot 6 through 10,with the Northeast bou ndwy of tine said 7.100 Acre Tract, 285.51 Feet, to the West comer of this Tract; Thence,North 32°59"42" East, 290.96 Feet,to a 518 hlch Iron Rod with plastic cap (not legible) Found, for a corner of this Tract, Thence.North 28°21'06"East, at 312.02 Feet pass,a 518 Inch Iron Rod with plastic cap (not legible) Found. in all 312.54 Feet, to the on the Southwest boundary line of Lot SASmv 3yi 42674''.C400E',ZONTNG TRACT-LABELED AS ENH[Brr'FN42674C00E_20210114_3.73 A--Lot 10-E.d— Page 1 of 2 OFFICE:(361)854-3101 2725 SWANTNERDR-•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 ,w-vvwurbaneng.calu TBPE Firm#145•TBPLS Fun#10032400 Page 12 of 14 1R. Lexington Industrial Center. a neap of which is recorded in Volume 50, Page 71, said Map Records, for the North corner of this Tract; Thence, South 61'26'43" East, with the said Southwest boundary line, at 255.02 Feet pass, a 518 Inch Iron Rod Found, in all 265.67 Feet, to the Point of Beginning, containing 3.73 Acres(162,505 Sq. Ft.)of Land, more or less. Grid Bearings and Distances shou7n hereon are referenced to the Texas Coordinate System of 1983. Texas South Zone 4205. and are based on the North American Datum of 1983(2011) Epoch 2010.00. Unless this freldnotes description, including preamble, seal and signature. appears in its entirety, in its original fornn, surveyor assumes no responsibility for its accuracy. 3.73 Acre Zoning Tract is located within the City limits of Corpus Christi, Texas and a subdivision based on this sketch/description may be in violation of the current City of Corpus Christi subdivision ordinance. AISO I•efeVence accompanying sketch of 17-act described herein. OF,Ttr URBAN ENGINEERING R.''� S T � JAMES DAVID CARR � rss�a� a 6L Sl164 �� James D. Carr, R.P.L.S. License No. 6458 S:%S—ffyiugk42674%C000E1WN1NG TRACT-LABELED AS E3G3 BrT%FN42674C00E_20210119_3.73 Acres-Lot ZO-E.da PagC 2 Df 2 OFFICE:(361)8543101 2725 SWANTNER DR•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 wvww.tubanene.coir TBPE Film#145•TBPLS Firm#14032400 Page 13 of 14 Cayce del Oso r5 r- 0 cn N32'59'42'E N28'21'06"E 312.. 7 M I �',[�r R, cp r4 7 7 o Q Ln 528.42'15"W 603.3 T b L.7 vN 33, R9 92 �71 E- I m.F 01 vd s. E-T 17 7 �-E E- E E T 1:1 56. Uh TF—v.i. ii,r-. J, M. L�t m 43,z xyfm IF 7.r 1111 Lz- 7 a- Z M& z Flour Bluff Drive 2- '6 -ml z rrTi -z J Z Aj 70, Page 14 of 14 Zoning Case #0321 -02 The Estate of Hart F. Smith and Juliana Dunn Smith Rezoning for a Property at 1402 Flour Bluff Drive From "RE" to "CG-2" and "RM-2" �o �A X44, u Pr@p" Oo City Council June 8, 2021 Aerial Overview N It I LY e _ Raoosed CG'2 aEr � 2 Zoning Pattern and Adjacent Development low lots s, walIt yew Qa�a C84 IMM q C84RL 0 oil 034 INS RE 9�(a9 R84 . 9aa9 10 0 beg %� ✓ asq 3 Planning Commission Recommendation EXISTING CGI II-ATI. EXISTING CG-1 I L .1sT 'T—" EXISTING C6.1 ...... Qg MWTCNRW RS-22 RS.TH 'RM-1 - RM-2 CG-1II Jmmrxea wfl euaazll r rwcs RaTwn `II --—-—-—-—- -—-—-—-—-—- EXISTING RE EXISTING CG-1 ZONING EXHIBIT 40 ACRE SMITH TRACT Air Installation Compatibility Use Zone NIt �o �p AFFM El �mlb��4 Pu��u4�j t a Qp�o� 5 Public Notification 34 Notices mailed inside 200' buffer 1 Notices mailed outside 200' buffer = �• �OUR EL�F TO � �5g RFfP r S PARR.'I3[ANU-p Notification Area s a SRFWY ® V7,1e SPADRE.I s.i AID OA Opposed: 2 (2.44%) �RM-2/ Separate Opposed Owners. 2 p SUBJECT � RE' PROPERTY 2 In Favor: 5 (16.14 %) cc2 cMA T� G Notified property owner's land in square feet /Total square footage of all property in the REm / notification area = Percentage of public opposition Planning Commission Recommendation Approval of the change of zoning to the "CG-1 " General Commercial District, "RM- 2" Multifamily District, "RM-1 " Multifamily District, "RS-TH" Townhouse District, and the "RS-22" Single-Family 22 District Alternative Proposal Timeline Original Proposal: • "RE" to "CG-1" and "RM-2" • Potential maximum build-out of approximately 1,100 dwelling units. • Staff recommends denial • Planning Commission recommended an alternative proposal. First Alternative Proposal: • "RE" to "CG-2", "RM-2", "RM-1", "RS-TH", and "RS-22" • Density reduced to 615 dwelling units. • Staff recommends denial • Planning Commission recommended approval. Second Alternative Proposal: • "RE" to "CG-2", "RS-6/SP, "RS-6", and "RS-22" • Density reduced to 250 dwelling units overall. • Includes a Special Permit to enforce density and allow the "RS-TH" development standards. • Navy, Applicant, and Staff have agreed upon this proposal. City Staff, Navy, and Applicant's Alternative Recommendation Approval of the change of zoning to the "CG-1" General Commercial District, "RS-6/SP" Single-Family 6 District with a Special Permit, "RS-6" Single-Family 6 District, and the "RS-22" Single-Family 22 District. 1. Uses: The only uses authorized by this Special Permit other than uses permitted in the base zoning district of the "RS-6" Single-Family 6 District, would be a townhouse development as permitted by "RS-TH" Townhouse District with two or more dwelling units per building, subject to the overall limitations that no more than 220 dwelling units within the 27.22 Acres may be developed in this zoning district. 2. Development Standards: Any townhouse development permitted under this Special Permit shall comply with all other development standards of the Code applicable to "RS-TH" Townhouse District. 3. Buffer Yards: Any townhouse development permitted under this Special Permit shall comply with all buffer yard requirements of the Code applicable to "RS-TH" Townhouse District adjacent to any other zoning districts. 4. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 24 months of this ordinance unless a complete building permit application has been submitted, and/or the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. City Staff, Navy, and Applicant's Alternative Recommendation EXISTING CG-1 J;N - 11L ♦ ` ♦ Esc s*cFu.¢aocs. — — — _ _ D(ISTINGSnNe CB-1— — — — oanmonnam RS-23' om RS-6 R&1N 61SP♦�.♦ �pr'NnnHFI �WFxxxo�iKFYtwfl RS-%BISP � CG-1 - �MngD FM�Mc .w.aee rpwi+wxg 'F FY4BR6 »+wesm-axs g351 Ala bass Eql&'q� pnFA _-_-_-_-_-___-___- Lam" \ g EXISTINGRE yrmwwF.�e..r EXISTING CG-1 ZONING EXHIBIT 40 ACRE SMITH TRACT a 10 Land Use Existing Land Use Future Land Use q�R9�4E _ ce, PORE`S� TryO R '�58 RSR PAOR[ (� R \ 58 vwY „'�, 58 RHV R�eE/ R S 8 ECT SU8? _ PROPER'!Y� PROPER / cc-z° Fp s4"'S /j//Jai d j�J4 �MpT r = Vacant = Estate Residential Commercial = Low Density Commercial=Light Industrial Residential = Medium Density Water = High Density =Agriculture/Rural Residential = Drainage _ Public/Semi-Public = Residential Enterprise UDC Requirements Buffer Yards: Y u TzUJFr,�,5 "CG-2" to `RM-2": Type A: 10' & 5 pts. "CG-2" to `RE": Type C: 15' & 15 pts. Fl�fff "RM-2" to `RE": Type B: 10' & 10 pts. w OR RGl1�RL' R tS8 FWv.-- {'',t�, Setbacks: / - RM-2: Street: 20 feet / Side/Rear: 10 feet s e�Ecr / CG-2: Street: 20 feet PROPERTY ' Side/Rear: 0 feet Uses Allowed: RM-2: Single-family, Multifamily, Day Care, / �: / � ' .�R �r �^� , � ,�� VR°., place of Worship. CG-2: Multifamily, Retail, Office, Restaurants, Hotels, Vehicle Sales, and �f r k f ° ' Storage. Utilities Water: 12-inch ACP line along the property on the west. A 48- inch CSCP line runs through the property. SUBJE�4 �� Wastewater: 10-inch PVC "L PROPE, Gas: 2-inch gas line. Storm Water: 60-inch line so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 06/08/21 1852 Second Reading Ordinance for the City Council Meeting 06/15/21 DATE: May 5, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning a property at or near 3030 Buffalo Avenue and 902 Nueces Bay Boulevard CAPTION: Zoning Case No. 0421-03, Ordinance zoning a property located at or near 3030 Buffalo Avenue and 902 Nueces Bay Boulevard (District 1) from the "CN-1" Neighborhood Commercial District, "CG-1" General Commercial District, and "CG-2" General Commercial District to the "CG-1/SP" General Commercial District with a Special Permit, the applicant is ERF West Side, Inc. SUMMARY: The purpose of the rezoning request is to allow the operation of a transient lodging facility for the homeless, which is categorized as social services. The Special Permit is what allows social services to be utilized in a "CG-1" General Commercial District with strict guidelines set forth by the City. BACKGROUND AND FINDINGS: The subject property is 3.29 acres in size and is currently zoned "CN-1" Neighborhood Commercial District, "CG-1" General Commercial District, and "CG-2" General Commercial District and consists of an existing three-story motel. The motel will be renovated to become transient lodging and housing for the homeless and a new 8,000 square foot building will be constructed to provide a cafeteria facility to serve the lodging facility. All of the facilities will be operated by the Good Samarian Rescue Mission. The entire site will be fenced and gated. Rolling security gates with Knox boxes and cameras will be located at the existing driveways and maintaining direct access to both Nueces Bay Boulevard and Buffalo Street. According to the applicant, when persons needing lodging at the facility are admitted, they will have a place to stay and receive food and social services. Typically, persons will be only turned away if they are highly intoxicated. At that point, the Corpus Christi Police Department will be contacted to pick up the individual for public intoxication. Any persons who leave the facility must go through the full security check and intake process again, so in and out activity is very limited. 106 parking spaces currently exist onsite. To the north is a convenience store and vacant lot zoned "CG-1" General Commercial District, and "CG-2" General Commercial District. To the south is a multifamily complex zoned "RM-1" Multifamily District and "CN-1" Neighborhood Commercial District. To the east is a bank and a church zoned "CG-2" General Commercial District and "RM-1" Multifamily District. To the west are single-family residences and a union hall zoned "RS-6" Single-Family 6 District and "CG-2" General Commercial District respectively. Conformity to City Policy The subject property is located within the boundaries of the Westside Area Development Plan and is planned for a commercial use. The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. Additionally, the proposed use is an adaptive reuse of a motel and compatible with the adjoining commercial properties. The proposed use does not have a negative impact upon the adjacent properties. No further development has occurred on the subject property since the closure of the motel. The applicant intends to improve the property by renovating a former motel and creating a new social service facility that will replace the existing Good Samaritan Mission which is currently located at the intersection of North Alameda Street and Kinney Street. Transitional housing facilities with sufficient organizational support can create positive impacts for the community. The proposed Good Samaritan Mission is approximately 550 feet to a grocery store and approximately a mile to similar social services serving the homeless population. Along Nueces Bay Boulevard on the west side of the subject property are two Regional Transportation Authority (RTA) bus stops serving Route 12. The Unified Development Code (UDC) does list the "CG-1/SP" General Commercial District with a Special Permit as the proper zoning classification for a "Social Service Use. However, the"CG-1" General Commercial District also allows uses such as bars, nightclubs, vehicle sales/service, and self-storage uses. Public Input Process Number of Notices Mailed 25 within 200-foot notification area 4 outside notification area As of May 5, 2021: In Favor In Opposition 1 inside notification area 3 inside notification area 0 outside notification area 1 outside notification area Totaling 2.50% of the 200-foot notification area* is 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 ALTERNATIVES: 1. Denial of the zoning to the "CG-1/SP" General Commercial District with a Special Permit. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Commission Recommendation Approval of the change of zoning from the "CN-1" Neighborhood Commercial District, "CG-1" General Commercial District, and "CG-2" General Commercial to the "CG-1/SP" General Commercial District with a Special Permit and subject to the following conditions: 1. Uses: The only uses authorized by this Special Permit other than uses permitted in the base zoning district is a Transitional Housing facility, a social service operated to assist persons with their transition into permanent housing. No soup kitchen or public feeding shall be allowed. 2. Intake Facilities: Adequate waiting area inside the facility must be provided so that no perceived loitering or waiting occurs. 3. Security: The transitional housing facility located on the Property shall be monitored by facility staff at all times. 4. Landscaping: Landscape requirements for the Property shall follow the standards outlined in the Unified Development Code (UDC). 5. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 24 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. Vote Count: For: 9 Opposed: 0 Absent: 0 Abstained: 0 Staff recommends approval of the zoning request. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0421-03: Ordinance rezoning a property located at or near 3030 Buffalo Avenue and 902 Nueces Bay Boulevard (District 1) from the "CN-1" Neighborhood Commercial District, "CG-1" General Commercial District, and "CG- 2" General Commercial District to the "CG-1/SP" General Commercial District with a Special Permit. The applicant is ERF West Side, Inc. (Planning Commission and Staff recommend Approval) 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 Lot 17B, Block 0, Forest Park Addition Unit 2 and Lot 3, Block 2, Barthlome as shown in Exhibit "A": "CN-1" Neighborhood Commercial District, "CG-1" General Commercial District, and "CG- 2" General Commercial District to the "CG-1/SP" General Commercial District with a Special Permit The subject property is located at or near 3030 Buffalo Avenue and 902 Nueces Bay Boulevard. Exhibit A, which is a map of the subject property attached to and incorporated in this ordinance. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Uses: The only uses authorized by this Special Permit other than uses permitted in the base zoning district is a Transitional Housing facility, a social service operated to assist persons with their transition into permanent housing. No soup kitchen or public feeding shall be allowed. 2. Intake Facilities: An adequate waiting area inside the facility shall be provided so that no loitering or waiting occurs outside the facility. 3. Security: The transitional housing facility located on the Property shall be monitored by facility staff at all times. 4. Landscaping: Landscape requirements for the Property shall follow the standards outlined in the Unified Development Code (UDC). 5. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 24 months of this ordinance unless a complete building permit application has been submitted or if no building permit is required, a certificate of occupancy or UDC compliance has been issued. This Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1 , 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1 , Section 1 .10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. This ordinance shall become effective upon publication. Page 2 of 5 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 3 of 5 �L CG-2 ig`3)a ro0 F �F sr ca- G-2 G- G-2 FS+� �3F SCC x�3J CG-} R ., �r SUBJECT 6� �P1R�FERTY;'! IL �r4q �+ BULFAL4 ST Rm-} � ..a af.cm Md.�1:'201 r s s .� �}D Fe r IXrpafvninrniOw ^r .v�avc CASE: 0427-03 SUBJECT PROPERTY WITH ZONING er WA##OL "1" ,'RgPERT 1 RY-1 ■Y1ArR�itr1 � V�lM1fAlJrti1'iM �r � !F IW•2 N.rl.Riltr 2 w w.r'r-d.6"w .. I Rra ■.tr..iltra MD M -ldmtmr.0..rr2 0R oro+.Fr lour owe. Ranr una--r.ma it RP.Sr r.AAwmtr At Ra• Fnnp-�RRr2• CM Iblpbb.rb..A cse.r.ra.t RI A.f FMp a%w�of pl-a M.Ipbb.rb..A C.sd. l Ztr Tw.•f—ft MA ft-mc.—bl Ra-1F Fb�psFFiilq 1i d1.2 R.wrl C..fb.bl.l AE NWinr.r.E WIr 00.1 0"00,00-#m v Rail!lbunhomt-Wftr CO•a ON.rrC..Iro.laU V f...W prbr YrG C. bYn Y..C.sM mb! fpr Iidrrb"w Vr111Fm Prw MD Do—tw.c—mal MN NrrR1wl.r.tl M.rn. M CR-F lm.eel C.—ul -4 RR ftR.rm g t R N.lxb0 Mr14 r Y.br.l.o.s LOCATION MAP Page 4 of 5 I I Biy c,r �E A / s 25 01 I I91 I A , a€H z'a'pl _ �� S I I o � IMFnSJ ii �e'� �� 6W'1ktrYw lbS u"fin5nffl ..m � �� s his a 14 D m~ � O g N O a*� x a = ��04 ? d8-81 Page 5 of 5 PLANNING COMMISSION FINAL REPORT Case No. 0421-03 INFOR No. 21ZN1008 Planning Commission Hearing Date: April 14, 2021 = Owner: ERF West Side, Inc. F o Applicant: ERF West Side, Inc. o Location Address: 3030 Buffalo Avenue and 902 Nueces Bay Boulevard o-—JN Legal Description: Lot 17B, Block 0, Forest Park Addition Unit 2 and Lot 3, Block 2, Q 06 o Barthlome. located at the northeast corner of the intersection of Buffalo Street, Buddy Lawrence Boulevard, and Nueces Bay Boulevard, south of Interstate 37. From: "CN-1" Neighborhood Commercial District, "CG-1" General Commercial District, as N and "CG-2" General Commercial District To: "CG-1/SP" General Commercial District with a Special Permit 0 Area: 3.29 acres Purpose of Request: To allow for the operation of a transient lodging facility for the homeless. Existing Zoning District Existing Future Land Use Land Use "CN-1" Neighborhood Commercial District, "CG-1" Site General Commercial District, Commercial Commercial and "CG-2" General Commercial District "CG-1" General Commercial = as Vacant and Commercial and E N North District, and "CG-2" General N Commercial District Commercial Light Industrial _ "RM-1" Multifamily District and Commercial and Light Industrial and South "CN-1" Neighborhood Medium Density Medium Density X x Commercial District Residential Residential ' LU "CG-2" General Commercial Public/Semi-Public Light Industrial, East District and "RM-1" Multifamily and Medium Density High and Medium District Residential Density Residential "CG-2" General Commercial Light Industrial and Light Industrial and West District and "RS-6" Single- Low Density Medium Density Family 6 District Residential Residential 06 Area Development Plan: The subject property is located within the boundaries of the C o Westside Area Development Plan and is planned for a commercial use. The proposed p rezoning is generally consistent with the adopted Comprehensive Plan (Plan CC) and a o warrants an amendment to the Future Land Use Map. Q City Council District: District 1 Zoning Violations: None Staff Report Page 2 o Transportation and Circulation: The subject property has approximately 500 feet of M street frontage along Buffalo Street which is designated as a Local / Residential Street o and approximately 430 feet of street frontage along Nueces Bay Boulevard which is CL designated as an "Cl" Minor Collector Street. According to the Urban Transportation N = Plan, "Cl" Minor Collector Streets can convey a capacity of 1,000 to 3,000 Average Daily Trips (ADT). Street Urban Transportation Proposed Existing Traffic Plan Type Section Section Volume O 0� Buffalo Local/Residential 50' ROW 60' ROW N/A Street 28' paved 40' paved Nueces 60' ROW 70' ROW Bay "Cl" Minor Collector N/A Boulevard 40' paved 40' paved Staff Summary: Development Plan: The subject property is 3.29 acres in size. The existing three-story motel will be renovated to become transient lodging and housing for the homeless and a new 8,000 square foot building will be constructed to provide a cafeteria facility to serve the lodging facility. All of the facilities will be operated by the Good Samarian Rescue Mission. The entire site will be fenced and gated. Rolling security gates with Knox boxes and cameras will be located at the existing driveways and maintaining direct access to both Nueces Bay Boulevard and Buffalo Street. According to the applicant, when persons needing lodging at the facility are admitted, they will have a place to stay and receive food and social services. Typically, persons will be only turned away if they are highly intoxicated. At that point, the Corpus Christi Police Department will be contacted to pick up the individual for public intoxication. Any persons who leave the facility must go through the full security check and intake process again, so in and out activity is very limited. 106 parking spaces currently exist onsite. Existing Land Uses & Zoning: The subject property is currently zoned "CN-1" Neighborhood Commercial District, "CG-1" General Commercial District, and "CG-2" General Commercial District and consists of a former hotel and motor bank. To the north is a convenience store and vacant lot zoned "CG-1" General Commercial District, and "CG-2" General Commercial District. To the south is a multifamily complex zoned "RM-1" Multifamily District and "CN-1" Neighborhood Commercial District. To the east is a bank and a church zoned "CG-2" General Commercial District and "RM-1" Multifamily District. To the west are single-family residences and a union hall zoned "RS-6" Single-Family 6 District and "CG-2" General Commercial District respectively. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property consists of platted lots. Utilities: Water: 8-inch C900 line located along Buffalo Street. Wastewater: 10-inch HDPE line located along Buffalo Street. Gas: 4-inch Service Line located along Buffalo Street. Staff Report Page 3 Storm Water: Roadside inlets along Buffalo Street. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for commercial uses. The proposed rezoning to the "CG-1/SP" General Commercial District with a Special Permit is consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. The following policies should be considered: • Chronic homelessness addressed in an organized and sympathetic manner. (Housing and Neighborhoods 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 compact and walkable mixed-use urban villages that concentrate retail and services within walking distance of neighborhood residences and where they could support improved public transportation service, such as expected major bus stations and future stops for bus rapid transit, creating "transit-ready" locations. (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). Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. Additionally, the proposed use is an adaptive reuse of a motel and compatible with the adjoining commercial properties. The proposed use does not have a negative impact upon the adjacent properties. • No further development has occurred on the subject property since the closure of the motel. The applicant intends to improve the property by renovating a former motel and creating a new social service facility that will replace the existing Good Samaritan Mission. • Transitional housing facilities with sufficient organizational support can create positive impacts for the community. Development of the site furthers policies pertaining to infill development. • The proposed Good Samaritan Mission is approximately 550 feet to a grocery store and approximately a mile to similar social services serving the homeless population. • Along Nueces Bay Boulevard on the west side of the subject property are two Regional Transportation Authority (RTA) bus stops serving Route 12. • The Unified Development Code (UDC) does list the "CG-1/SP" General Commercial District with a Special Permit as the proper zoning classification for a "Social Service Use. However, the "CG-1" General Commercial District also allows uses such as bars, nightclubs, vehicle sales/service, and self-storage uses. Planning Commission and Staff Recommendation (April 14, 20211: Approval of the change of zoning from the "CN-1" Neighborhood Commercial District, "CG-1" General Commercial District, and "CG-2" General Commercial to the "CG-1/SP" General Commercial District with a Special Permit and subject to the following conditions: 1. Uses: The only uses authorized by this Special Permit other than uses permitted in the base zoning district is a Transitional Housing facility, a social service operated to assist Staff Report Page 4 persons with their transition into permanent housing. No soup kitchen or public feeding shall be allowed. 2. Intake Facilities: Adequate waiting area inside the facility must be provided so that no perceived loitering or waiting occurs. 3. Security: The transitional housing facility located on the Property shall be monitored by facility staff at all times. 4. Landscaping: Landscape requirements for the Property shall follow the standards outlined in the Unified Development Code (UDC). 5. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 24 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. Number of Notices Mailed —25 within 200-foot notification area = 4 outside notification area 0 As of April 9, 2021: In Favor — 1 inside notification area o — 0 outside notification area z In Opposition — 3 inside notification area a — 1 outside notification area Totaling 2.50% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Proposed Site Plan C. Public Comments Received (if any) Staff Report Page 5 CO-2 `;�'�- IL hD ST co- LG RS-6 s 5' 6 13 R 1 3!9 Wo f 4 15 ./FPT 23 BUEFALO ST — F,- O < 17 T f2 RM•f Q ANTE60P.E_ O a` m C1 J m r V1 J .{ f1 Y omwu:9V tlsmf Q lig A 0 f, r ApirERYTIof OrYWPMArSWVX1i CASE. 0421-03 rr ! ZONING 8 NOTICE AREA V �f Jt Id1.t YYdrYla t Y. url4 bdu d1bl �""-----~ RY.Y Yudfrn�! di IIrM bdYd1M1 dldlrRh r+ Yrllrbnrra KTu Pliudad Virt 0"..GYrxa SEtBJEC T; 0. Pm/raabrl OlTbr R1.10 0 RIS f• .flii&PERT 1 RY ::Offmm"AT Rif rr 014iiYd}i r f } Cb.t Mr bwrlRotld CaYYrIWI R4{_f YRdI►m.,4.f Cb-S m1YIb:=d COYYrNYI R4Ti MrrrYlb •,�P� f CR-1 MwA 4rFRrlril k}If UYry.i—.1If C', l-S Ibwll_.N l YE ,--141 ELbb c.G:1T�6A 6dk C01 drnMICdYYMYI RiTN Tr�ubrar _�Ll q!-S DwrrrICYRIYrrrYl p. b.rr Prmd q bb.ft CYPrnrnw RV MWrMbRrl rlrrW ibR CEG GYYYIrwY C....rY41 1yN Yar}sbrrtl llrY! CIIMniliYl lo-R FR Filed r10 tlil! M Nbbdf Ovr}Y} r M YK W-11 Pi lk 0 f � !_NG huRv hA�m 1! \ ckyof t Gdnr•i wl,N_Jd}y.dcn X=. LOCATION MAP' .'.!R^lb OrkrC�F�p AJC ^.M Staff Report Page 6 ate -'A.- Q I \ €..33 ES r - --g v_la - 0-1 3 m i al Nn~ ptC-�rTA Feil • — — srcw13 ��i� �� sov�eosw iaa IP 73 Ig I ;°, s s K o m Staff Report Page 7 What13ersons with disabilities planning to attend this meeting,who may require special services,are requested to Contact the Develapn �-`::s Department at least 48 hours in advance at(361)826-3240. PeIgpirias con in acidades glig tienein la intend n de asistir re uieren servicias es les se less lira ue den aviso 4 I antes de I n Ilamandd ertamen de sarvirad d, numero(361)826-3244. If you wish to address the Commission during the meeting and your English is limited,please call the Development Services Department a ot) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting.Si uatsd desea din111rse a la commi i n dura su unta v inglos es limitado raver de Ilamar al deeartamm ento de servicios,de desarrollo al n' ero 361 6.3240 al menes 48 horas antes de la ;eta va solicitor un irM�rarete ser oresente durance_ 'un a. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0427-+03 ERF West Side,Inc.have petitioned the City of Corpus Christi to consider a Change of zoning from the"CN-1" Neighborhood Commercial 11CG-1"General Commercial and'"CG-2"General Commercial Districts to the 11GG-11SP"General Commercial District with a Special Permit resulting in a change to the Future Land Use Map.The property to be rezoned is described as: Located at or near 3030 Buffalo Street and 902 Nueces Bay Boulevard and described as Lot 17B,Stock 8, Forest Park Addition Unit 2 and Lot 3, Block 2,Barthlome,located at the northeast corner of the intersection of Buffalo Street,Buddy Lawrence Boulevard,and Nueces Bay Boulevard,south of Interstate 37. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification andfor Special Permit.Approval of a change of zoning,if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning-The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held Wednesday,April 14,2021,during one of the Planning Commission's regular meetings, which begins at 5:30 p.m.This public hearing will be held via WebEx video conference.The live stream of the meeting can be viewed online at the following address:wrww•ectexas.comlccty. PUBLIC COMMENT: 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 the community, City staff, and City Boards and Commissions. Public testimony and public hearing input for public comment and on all items on the agenda at public meetings of City Boards and Commissions shall be provided in written format and presented to the designated staff member prior to the start of each meeting(s)of the City Boards andl or Commission. Public comment/input shall be provided, in writing, in the form of an e-mail limited to one page orby using the PUBLIC COMMENTIINPLIT FORM found here:http:flwwwcctexes.cornfdepartmentslcity-secretary,and shall be e-mailed to the following e-mail address:CatherineG@cctexas.com andfor CraigG a@cctexas-com-The written public testimony shall be provided to members of the applicable City board or commission prior to voting on measures for that meeting. That written testimony shall he limited in accordance with the City Secretary requirements and shall be placed into the record of each meeting.This written testimony shall serve as the required public testimony pursuant to Texas Gov" t Code 551. 007 and shall constitute a public hearing for purposes of any public hearing requirement under law. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O- BOX 9277, CORPUS SAS 78469-9277.. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: to accordance with the Plarhing Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office or in oerson,by telephone call or by letter. Printed Narn(�e: P &" LU1211 yc&k- UY14�L� Address: b D% [2-1 �lr (UCS CitylState: ++ V'�j c ( ) IN FAVOR (/N OPPOSITION Phone: RFASQIJ L Signature SEE MAP ON REVERSE SIDE Case Na.0421-03 INFOR Case No.:21ZN1W7 Project Manager.Andrew Dimas Property Owner ID:17 Email AndrewD2@cctexas.com Staff Report Page 8 PUBIC COIVIMENVINPUT FORM City of Corpus Christi This forts Is not kf City Council, This form is far City geard%,C imni ttees and Cvmmi!&s o ps ONLY. En><er the nalria of Rhe Clry 9o-arl, ComFr-i?;eg 0 Commission; r DATE 0P MEETING Irnrnrau+y t-� ` NAME: ADCRESS; ti _ r , CITY: ZIP,, i TCSF'll:� ] AGEN:1A IITEIA NUMEER ,If DPP �f na agery�a item Ir specfied,theri Lni.- wvill be ciDns de�r-ad a getweral public+cu^rrnriem and nota PWdfict'earing, LV '1 t I? J" - 5S b ._ - 4- Zoning Case #0421 -03 ERF West Side, LLC. Rezoning for a Property at 3030 Buffalo Street _ From "CG-1" and "CG-2" to "CG-1/SP" A „�, , City Council June 8, 2021 Aerial Overview Itr -NEC, F PROPERTY .. R'.'cFa �J 1' v F" S Zoning Pattern and Adjacent Development n a n D o eec m log@ is �a QN4 OL a� q• : 1939 RM-I OL WN _ W66 3 Public Notification 25 Notices mailed inside 200' buffer -z 4 Notices mailed outside 200' buffer �r Notification Area M� Sq�� T FRkjHGo� u9 'ra a IH Opposed: 3 (2.50%) ` Separate Opposed Owners. 0 \ _ - -SUBJECT i PROPERTY �; B '—' i i✓ i ,x UWEFA ST In Favor: 1 (8.57 %) , m� M Notified property owner's land in square feet �� "TL6°°E. /Total square footage of all property in the notification area = J Percentage of public opposition C6" Be6 Proposed Site Plan K,�— ' e s a mm 5 Planning Commission and Staff Recommendation Approval with Conditions 1. Uses: The only uses authorized by this Special Permit other than uses permitted in the base zoning district is a Transitional Housing facility, a social service operated to assist persons with their transition into permanent housing. No soup kitchen or public feeding shall be allowed. 2. Intake Facilities: Adequate waiting area inside the facility must be provided so that no perceived loitering or waiting occurs. 3. Security: The transitional housing facility located on the Property shall be monitored by facility staff at all times. 4. Landscaping: Landscape requirements for the Property shall follow the standards outlined in the Unified Development Code (UDC). 5. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 24 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. q kx' SFJJET t PRF ,RT3 , BUFFALO ' � Y IP x " II " -0��a~✓ a �i � �� � : m� � CASE: 0421-03 -- Aerial with Subject Property SQBJ CT } — su4EIGf f4idPERT Map ScaPe: 1:Z800 _ r ti C ity& r 13M LOCATION MAP ,� Chflgd �pUS C °° -,Fill C NOApOAp'E 1852 AGENDA MEMORANDUM Action Item for the City Council Meeting of June 8, 2021 DATE: June 8, 2021 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 0effreye(a)-cctexas.com (361) 826-3851 Charles Mendoza, Deputy Director of Asset Management CharlesM2(a-)cctexas.com (361) 826-1941 Heather Hurlbert, Director of Finance & Business Analysis heatherh3(a)cctexas.com (361) 826-3227 Construction Contract Art Museum of South Texas - Elevator Modernization (Bond 2018) CAPTION: Ordinance awarding a construction contract to EMR Elevator, Inc., Corpus Christi, Texas, to upgrade the passenger elevator for the Art Museum of South Texas, located in Council District 1, in an amount of $228,056.00 with FY 2021 funding available from the Bond 2018 Fund, and amending the FY 2020-2021 Capital Budget and Capital Improvement Program. SUMMARY: This item awards a construction contract for the Art Museum of South Texas-Elevator Modernization. The project scope consists of installing a new elevator controls system and replacing the obsolete passenger elevator equipment both mechanical and electrical in nature. Upgrades to the electrical system will be made to the elevator equipment room. The fire protection system will be upgraded to comply with current building, and safety codes. BACKGROUND AND PURPOSE: The Art Museum of South Texas began construction in 1971 and opened its doors to the public in 1972. The Art Museum is open to the community and tourists year-round and provides various classes, lectures, films, performances, and other activities. The passenger elevator was installed when the building was constructed in 1971 and is beyond the service life expectancy. The typical service life for elevators is 20 to 25 years and therefore they have exhausted their serviceable life. The Art Museum has two elevators, and the second elevator is in good working condition. This project consists of modernizations to the passenger elevator system, replacing the equipment that has exceeded the service life. A new hoist machine, Variable Frequency drive, and door operators will be installed. The existing elevator control systems will be replaced. Ground fault circuit interrupter type receptacles, LED light fixtures, and electrical disconnects are to be installed in the elevator equipment room. The breaker will be replaced, and new power feeders for various visual, and monitoring devices will be provided. A new cabinet enclosure will be provided to house many of the new components. This includes the addition of a small A/C unit included as part of the design. The cab interior will be upgraded with new side and rear finishes, including new ceiling with stainless steel panels and LED downlights. The Fire Alarm System will be upgraded/replaced with fire alarm initiating devices, including the addition of a new emergency telephone line to the elevator control panel. Upon project completion, the passenger elevator will conform to all current building and safety codes. PROJECT TIMELINE: 1 June — September Construction Project schedule reflects City Council award in June 2021 with anticipated construction completion by September 2021. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Bids on March 08, 2021. The City received bids from one bidder. The City analyzed the bid in accordance with the contract documents and determined EMR Elevator, Inc. is the lowest responsive, and responsible bidder. The City hasn't been receiving competitive bids on the recent elevator upgrade projects due to the industry limitations. As the lowest bid received was within the acceptable range of Engineer's Opinion of Probable Construction Cost the City decided to proceed with the project. BID SUMMARY CONTRACTOR BASE BID EMR Elevator Inc. $228,056.00 Engineer's Opinion of Probable Construction Cost $305,730.00 EMR Elevator Inc. has been servicing and renovating many of the elevators in buildings owned by the City for several years and is deemed competent to complete this project. Most recently they renovated the elevator for Frost Bank located at 2406 Leopard Street and for the Health Department and Museum of Science and History. They have also been awarded the City Hall Elevator Renovation and La Retama Library Elevator Modernization projects. ALTERNATIVES: City Council could instruct staff to reject the bids and provide direction to re-advertise, however, this is not likely to produce a better bid, and would also postpone the required work further impacting the elevator operations. FISCAL IMPACT: The fiscal impact in FY 2021 is an amount of$228,056.00 with funding available from Bond 2018, Proposition D Fund. This project was initially created with FY 2020 but due to an error the project was omitted from the FY 2021 Capital Improvement Program (CIP). This project will be added to the FY 2021 CIP and the Capital Budget will be amended. The proposed CIP project page is included in the package. FUNDING DETAIL: The CIP will be updated, and Capital Budget will be amended to include the Art Museum of South Texas - Elevator Modernization project. Fund: Bond 2018, Prop D (Fund 3128) Mission Elem: Bayfront (734) Project: Art Museum of South Texas Elevator Modernization (18174A) Account: Construction (550910) Activity: 18174-A-3128-EXP Amount $228,056.00 RECOMMENDATION: Staff recommends awarding a construction contract for Art Museum of South Texas - Elevator Modernization to EMR Elevator for upgrading the passenger elevator. LIST OF SUPPORTING DOCUMENTS: Location Maps Bid Tab CIP Project Page Ordinance awarding a construction contract to EMR Elevator, Inc., Corpus Christi, Texas, to upgrade the passenger elevator for the Art Museum of South Texas, located in Council District 1, in an amount of$228,056.00 with FY 2021 funding available from the Bond 2018, Proposition D Fund, adding the project to the Capital Improvement Program and amending the FY 2020 - 2021 Capital Budget. WHEREAS, voters approved Bond 2018 Proposition D in November 2018 that authorized the City to sell bonds for the purpose of making permanent public improvements to the Museums; WHEREAS, City Council adopted the Fiscal Year 2020-2021 Capital Budget and Capital Improvement Planning Guide in Ordinance No. 032203; WHEREAS, FY 2021 Capital Budget includes expenditures categorized by Project Type and the funding sources to show a balanced budget. For Public Facilities - Museums, $2,162,440 was adopted for FY 2021; WHEREAS, the Capital Improvement Planning Guide includes the annual capital budget (year 1), short-range capital improvement plan (years 2 & 3) and long-range capital improvement plan (years 4+); WHEREAS, information sheets were provided to describe the potential projects that could be accomplished under each of the adopted Capital Budget categories; and WHEREAS, Project 18174A Art Museum of South Texas Elevator Modernization has been added to the FY 2021 project list under Public Facilities — Museums in the FY 2021 Capital Budget. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi FY2020-2021 Capital Budget adopted by Ordinance No. 032203 is amended to increase revenues and expenditures by $228,056.00 SECTION 2. The City Manager or designee is authorized to execute a construction contract with EMR Elevator, Inc., Corpus Christi, TX to upgrade the passenger elevator for the Art Museum of South Texas project in an amount not to exceed $228,056.00. 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 -:27a PROJECT LOCATION Doyle N SCALE: N.T.S. a VBIM1 LOCATION MAP NOT TO SCALE PROJECT LOCATION zoo SHIP SHIP CHANN CORPUS CHRISTI <F0 o� Rp Q LEOPARD a z 44 6q ZO /N 286 H MGP 358 > OR 9 ° z O "9 CORPU CHRISTI INTERNA_PORTNAL 00 Z� 0` �2 cqR p<F `fir 0 Ute° p CFq� TEXAS A&M UNIVERSITY CORPUS CHRISTI 358 ZZ C a�CABANISS R�TO(,`q ��� O FIELD , i OSO BAY VICINITY MAP NOT TO SCALE PROJECT NUMBER: 18174A ART MUSEUM OF SOUTH TEXAS CITY COUNCIL EXHIBIT E L E VAT O R MODERNIZATION DEPCITY CORPUS CHRISTI,TEXAS VONI DEPARTMENT T OF ENGINEERING SERVICES m� SCALE: N.T.S. m s PROJECT LOCATION a e _ — k 4A HARBOR DR. a•" N r v r � r s it • i. 4 5 of ro- 10. lw r"P NOT TO SCALE PROJECT NUMBER: 18174A ART MUSEUM OF SOUTH TEXAS CITY COUNCIL EXHIBIT CITY CORPUS CHRISTI,TEXAS E L E VAT O R MODERNIZATION DEPARTMENT T OF ENGINEERING SERVICES Bid Tab -Art Museum of South Texas Elevator Modernizatio QuantityItem Description Unit Court .0 Part 1 A(General) Al Mobilization and Demobilization(Not to exceed 5%) ILS 1 $0.001 0.00 A2 Bonds and Insurance(Not to exceed 2%) ILS 1 $3,814.001 $3,814.00 Sub Totals 1 $3,814.00 Part 2 B(Elevator Upgrades) B1 jElevator Upgrades ILS 1 1 $180,742.001 $180,742.00 Sub Totals I 1 $180,742.00 C1 Miscellaneous Mechanical LS 1 $5,000.00 $5,000.00 C2 IMiscellaneous Electrical ILS 1 $5,000.00 $5,000.00 Sub Totals $10,000.00 Part 4 D(Allowances) D1 Allowance for Unforeseen Conditions JAL 1 $30,500.00 $30,500.00 D2 jAllowance for Permits JAL 1 $3,000.00 $3,000.00 Sub Totals $33,500.00 Grand Total $228,056.00 Capital Improvement Plan 2020 thrl, 2024 City of Corpus Christi, Texas Project# 18174 Project name Art Museum of South TexasARTMUSEUM Type Rehabilitation Department Public Facilities Useful Life 25 years Contact Director of Facilities Category Building Rehabilitation Priority 2 Critical-Asset Condition Status Active Description This project will consist of elevator improvements for safety and code compliance;as well as minor upgrades to various items,including exterior painting Justification Bond funded in 2018 Expenditures 2020 2021 2022 2023 2024 Total Construction/Rehab 330,000 330,000 Testing 5,000 5,000 Design 20,000 20,000 Contingency 22,800 22,800 Eng,Admin Reimbursements 7,200 7,200 ^row 385,000 385,000 Funding Sources 2020 2021 2022 2023 2024 Total G.O. Bond 2018 385,000 385,000 Total 385,000 385,000 Budget Impact/Other 71 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. so �o o� A P v AGENDA MEMORANDUM WoRPORPg4 First Reading Ordinance for the City Council Meeting June 15, 2021 1852 Second Reading Ordinance for the City Council Meeting June 22, 2021 DATE: June 15, 2021 TO: Peter Zanoni, City Manager FROM: David Blackmon, Interim Chief of Police d avid bl(o-)-cctexas.com 886-2605 Acceptance of a grant to support activities for the Internet Crimes Against Children Task Force Program CAPTION: Ordinance authorizing the acceptance of a grant from the Office of the Attorney General - Office of Juvenile Justice and Delinquency Prevention for the Internet Crimes Against Children Task Force program in the amount of$10,000.00 to purchase equipment and supplies for the Internet Crimes Against Children Task Force program within the Police Department; and appropriating the $10,000.00 in the Police Grants Fund. SUMMARY: Funding is available from the Office of the Attorney General - Office of Juvenile Justice and Delinquency Prevention to purchase equipment and supplies to assist the Internet Crimes Against Children Task Force with investigations of intern et-related crimes against children. BACKGROUND AND FINDINGS: The Office of Juvenile Justice and Delinquency Prevention - Internet Crimes against Children Task Force program has awarded a grant to the Corpus Christi Police Department to support activities of the Internet Crimes Against Children (ICAC) Task Force program. The ICAC task force is continuously engaged in proactive and reactive investigations and prosecutions of persons involved in child abuse and exploitation involving the Internet. The Corpus Christi Police Department has been a member of the ICAC since 2003 and has received the grant for the past 20 years. For 2020, the City was awarded $10,000 and in 2019 the City was awarded $10,100. The funds are made available to the City by virtue of being a member of the Task Force. Items/equipment to be purchased with these funds are licenses for four forensic software packages, hard drives, and flash drives. ALTERNATIVES: The alternative is not to accept the grant which would result in less funding available for the investigation of internet crimes against children. FISCAL IMPACT: There is no match required by the City. Funds are available from May 1, 2021 through August 31, 2021. Funding Detail: Fund: 1061 Police Grants Organization/Activity: 821119F Mission Element: 052 Investigate Crime Project # (CIP Only): N/A Account: 520090 Minor Tools and Equipment RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant award document Ordinance authorizing the acceptance of a grant from the Office of the Attorney General - Office of Juvenile Justice and Delinquency Prevention for the Internet Crimes Against Children Task Force program in the amount of $10,000.00 to purchase equipment and supplies for the Internet Crimes Against Children Task Force program within the Police Department; and appropriating the $10,000.00 in the Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the Office the Attorney General for the Internet Crimes Against Children (ICAC) Task Force program in the amount of $10,000.00 to purchase equipment and supplies for the ICAC program within the Police Department. SECTION 2. That $10,000.00 is appropriated from the Attorney General for Internet Crimes Against Children (ICAC) Task Force Program in the No. 1061 Police Grants Fund to purchase equipment and supplies for the ICAC program within the Police Department. 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 *TEXA�� RE: FY 2021 Internet Crimes Against Children (ICAC) Sub-Recipient Grant Contract Contract Number: 2113561 Grantee: Corpus Christi Police Department Amount: $10,000.00 Executed: Term: May 1, 2021 —August 31, 2021 Budget Coding: ORG PCA Agy Obj 885 15800 7611 in the OAG Award Document are a material requirement of the grant award made hereunder. Failure to comply with any one or more of the Special Conditions, whether a condition set out in full below, a condition incorporated by reference herein, or a certification or assurance related to conduct during the award period, may result in the OAG and/or to the extent federal funds are expended in this grant, the Office of Justice Programs ("OJP") in taking appropriate action which may include but is not limited to OAG and/or OJP withholding award funds, disallowing costs, or suspending or terminating the grant award. Additionally, the GRANTEE shall comply with all terms and conditions as set forth and required in the Memorandum of Understanding between the OAG and GRANTEE, OAG Contract Number 1991546-01 (the "Task Force MOU") attached hereto as Exhibit"D" and incorporated herein by reference. 3.2 Establishment of Final Project Budget; Grant Project Narrative; Special Conditions. 3.2.1 Final Project Budget. The GRANTEE's budget is attached as Exhibit A. The OAG, at its sole discretion, may adjust GRANTEE's budget,targets, outputs, outcomes and/or any other items as deemed appropriate by the OAG, at any time, during the term of this Contract. 3.2.2 Grant Project Narrative. The GRANTEE's Project Narrative is as follows: To support certain Internet Crimes Against Children (ICAC) supplies and other direct operating costs. GRANTEE hereby certifies that the information provided by GRANTEE in the Grant Application, including the statements made in the narrative, is true and correct and agrees to be bound by the representations and commitments contained therein. The OAG, at its sole discretion, will establish the final project targets, outputs, and outcomes. 3.2.3 Special Conditions. The Special Conditions, including the OAG Award Document, are attached as Exhibit B. The OAG, at its sole discretion, may supplement, amend or adjust the Special Conditions attached to this Contract. SECTION 4 REQUIRED REPORTS 4.1 General Matters 4.1.1 Required Reports; Form of Reports; Filings with the OAG. GRANTEE shall forward to the OAG the applicable reports on forms as specified by the OAG. GRANTEE shall ensure that it files each document or form required by the OAG in an accurate and timely manner. Unless filing dates are given herein, all other reports and other documents that GRANTEE is required to forward to the OAG shall be promptly forwarded. From time to time, the OAG may require additional information from GRANTEE. 4.1.2 Cooperation; Additional Information; Immediate Notification and Correction and Inaccuracies. GRANTEE shall cooperate fully with the OAG. In addition to the information contained in the required reports, other information may be required as requested by the OAG. ICAC Subrecipient Grant Contract Page 2 of 23 GRANTEE will immediately notify the OAG in the event GRANTEE discovers that any previously submitted information was inaccurate and forward the corrected information to the OAG. 4.1.3 Notification of Changes in Organization, Changes in Authorized Official or Grant Contact. GRANTEE shall submit within ten(10)business days,notice to the OAG of any change of the following: GRANTEE's name;contact information;key personnel,officer,director or partner; organizational structure; legal standing; or authority to do business in Texas. GRANTEE shall promptly notify the OAG,preferably in advance, of a change in address or main telephone number of GRANTEE. A change in GRANTEE's name requires an amendment to the Contract. To change an Authorized Official, GRANTEE must submit a written request on GRANTEE's letterhead, with original signature. To change a Grant Contact, GRANTEE must submit a written request on GRANTEE's letterhead signed by an Authorized Official. 4.1.4 Standards for Financial and Programmatic Management. GRANTEE and its governing body shall bear full and sole responsibility for the integrity of the fiscal and programmatic management of the organization including financial and programmatic policies and procedures to ensure the integrity of the fiscal and programmatic management of the organization. Such fiscal and programmatic management shall include accountability for all funds and materials received from the OAG; compliance with OAG rules, policies and procedures, and applicable federal and state laws and regulations; and correction of fiscal and program deficiencies identified through self-evaluation and/or the OAG's monitoring processes. Ignorance of any contract provisions or other requirements referenced in this Contract shall not constitute a defense or basis for waiving or failing to comply with such provisions or requirements. GRANTEE shall develop,implement, and maintain appropriate financial management and control systems, which include budgets that adequately reflect all functions and resources necessary to carry out authorized activities and the adequate determination of costs; accurate and complete payroll, accounting, and financial reporting records; cost source documentation; effective internal and budgetary controls; allocation of costs; and timely and appropriate audits and resolution of any findings and applicable annual financial statements. 4.1.5. Security and Confidentiality of Records. GRANTEE shall establish a method to secure the confidentiality of records required to be kept confidential by applicable federal and state law, rules and regulations. This provision shall not be construed as limiting the OAG's access to such records and other information. 4.2 Programmatic Reports 4.2.1 ICAC Semi-Annual Statistical (Performance) Reports, including Outcome Measure Reports. GRANTEE will support the OAG in its progress reporting requirements, including the reporting requirements of outcome measures. The OAG is required to report,within 30 days after the end of the reporting periods, certain outcome measures. The semi-annual reporting periods ICAC Subrecipient Grant Contract Page 3 of 23 end on the last day of June and December each year. The OAG will establish deadlines for the GRANTEE to meet its requirement to report to the OAG. 4.2.2 Contents of Semi-Annual Statistical Reports. GRANTEE shall report data to the OAG on the following outcome measures on the reporting deadlines established by OAG: a. Number of CyberTipLine referrals received and investigated; b. Number of indictments obtained on CyberTipLine referrals; c. Number of convictions obtained on CyberTipLine referrals; d. Number of online solicitation of a minor(or its equivalent) arrests; e. Number of online solicitation of a minor (or its equivalent) indictments obtained; f. Number of online solicitation of a minor (or its equivalent) convictions obtained; g. Total number of ICAC-related arrests during reporting period; h. Number of partner agencies that sign memorandum certifying compliance with ICAC program guidelines; i. Number of investigative technical assistance sessions that ICAC task force provides to non-member law enforcement agencies; j. Number of computer forensic technical assistance examinations that ICAC task forces provide to non-member law enforcement agencies; k. Percent increase in arrests related to technology-facilitated child sexual exploitation and Internet Crimes Against Children; 1. Percent increase in computer forensic examinations completed by ICAC task forces; and m. Percent increase in investigative technical assistance sessions provided by ICAC task forces to non-member law enforcement agencies. 4.2.3 ICAC Task Force Program Monthly Performance Measures. GRANTEE will support the OAG in its reporting requirements of the ICAC Task Force Program Monthly Performance Measures. The OAG will establish the GRANTEE's monthly reporting deadlines. The Performance Measures shall contain, at a minimum, the following additional supporting data elements: a. Complaints; b. Case Information; c. Goals; d. Court Actions; e. Technical Assists; f. Training; and g. Community Outreach Presentations. 4.2.4 ICAC Annual Reports. GRANTEE will support the OAG in its annual reporting requirements. The OAG will establish the GRANTEE's annual reporting deadlines of the following measures: ICAC Subrecipient Grant Contract Page 4 of 23 a. Staffing levels of the task force, including the number of investigators, prosecutors, education specialists, and forensic specialists dedicated to investigating and prosecuting Internet crimes against children. b. Investigation and prosecution performance measures of the task force, including: 1. the number of investigations initiated related to Internet Crimes Against Children; 2. the number of arrests related to Internet Crimes Against Children; and 3. the number of prosecutions for Internet Crimes Against Children, including- i. whether the prosecution resulted in a conviction for such crime; and ii. the sentence and the statutory maximum for such crime under State law. c. The number of referrals made by the task force to the United States Attorney's Office, including whether the referral was accepted by the United States Attorney. d. Statistics that account for the disposition of investigations that do not result in arrests or prosecutions, such as referrals to other law enforcement. e. The number of investigative technical assistance sessions that the task force provided to non-member law enforcement agencies. f. The number of computer forensic examinations that the task force completed. g. The number of law enforcement agencies participating in Internet Crimes Against Children program standards established by the task force. 4.2.5 Written Explanation of Variance. GRANTEE is required to provide a written explanation to the OAG for any variances by GRANTEE from the projected performance required by this Contract or the Task Force MOU. In addition to the written explanation, GRANTEE shall promptly answer any questions of the OAG, whether in writing or otherwise, in connection with the reports presented to the OAG. 4.2.6 Other Program Reports. GRANTEE shall cooperate fully in any social studies, fiscal or programmatic monitoring, auditing, evaluating, and other reviews pertaining to services rendered by GRANTEE, which may be conducted by the OAG or its designees. GRANTEE also shall make available at reasonable times and for reasonable periods programmatic or financial records, books, reports, and supporting documents for reviewing and copying by the OAG or its designees. ICAC Subrecipient Grant Contract Page 5 of 23 4.3 Financial Matters 4.3.1 Grant Budgets.With regard to the use of funds pursuant to this Contract, GRANTEE will immediately review the annual budget as established in this Contract. 4.3.2 Monthly Request for Reimbursement and Financial Status Report. Grant funds are paid on a cost reimbursement basis. GRANTEE will submit, each month, a monthly request for reimbursement(also referred to as "financial status report") for the actual and allowable allocable costs incurred by GRANTEE for project costs to provide services under this Contract. The payments made to GRANTEE shall not exceed its actual and allowable allocable costs to provide the services under this Contract. The request for reimbursement/financial status report will be submitted to the OAG in the form and manner as approved by the OAG and will specify the detailed and total expenses for the month, in the following cost categories: (i) personnel and fringe benefits, reported separately, (ii) professional and consulting services, (iii)travel, (iv) equipment, (v) supplies, and (vi) other direct operating expenses. The request for reimbursement must be accompanied by supporting documentation as required by the OAG. The OAG may from time to time require different or additional supporting documentation. A request for reimbursement/financial status report is required each month, whether GRANTEE has paid expenses, or is seeking reimbursement. 4.3.3 Fiscal Year End Required Reports. GRANTEE shall submit the following reports to the OAG on or before October 15, 2021 or a date otherwise established by the OAG: a. Record of Reimbursement. GRANTEE will submit a reconciled record of its expenses for the prior fiscal year in the following cost categories: (i) personnel and fringe benefits, reported separately, (ii) professional and consulting services, (iii) travel, (iv) equipment, (v) supplies, and (vi) other direct operating expenses. b. Equipment Inventory Report. To the extent the purchase of equipment is authorized under this grant and GRANTEE purchases equipment is purchased with grant funds. GRANTEE will submit an Equipment Inventory Report which provides a record of the current inventory of items purchased, disposed of, replaced or transferred for any equipment that was purchased with grant funds. c. Additional Fiscal Reports. GRANTEE shall submit any other additional fiscal report in the form and manner as may be requested by OAG. 4.3.4 Timing of Submission of Request for Reimbursement to the OAG; Close Out Invoice. GRANTEE is responsible for submitting bills in an accurate and timely manner, and shall make every reasonable effort to submit monthly billings to the OAG, which cover the previous month's expenses, so that they are received by the OAG on or before the twentieth (20th) of each month, or if the 20th falls on a weekend or holiday,the next business day. The OAG will make all reasonable ICAC Subrecipient Grant Contract Page 6 of 23 efforts to promptly process and make payments on properly completed billings. GRANTEE may submit a final invoice to be received by the OAG not later than forty-five (45) calendar days after termination of this Contract. 4.3.5 Reimbursement of Actual and Allowable Costs. The OAG shall only reimburse costs incurred and paid by GRANTEE during the term of this Contract. The OAG shall only reimburse GRANTEE for employee costs that are directly related to performing the responsibilities of this Contract. 4.3.6 Refunds and Deductions.If the OAG determines that GRANTEE has been overpaid grant funds under this Contract, such as payments made inadvertently or payments made but later determined to not be actual and allowable allocable costs, GRANTEE shall refund that amount of the OAG reimbursement identified by the OAG as an overpayment. The OAG may offset and deduct the amount of the overpayment from any amount owed to GRANTEE, as a reimbursement, but not yet paid by the OAG to GRANTEE. The OAG may choose to require a payment directly from GRANTEE rather than offset and deduct a specified amount. GRANTEE shall refund any overpayment to the OAG within thirty (30) calendar days of the receipt of the notice of the overpayment from the OAG unless an alternate payment plan is specified by the OAG. 4.3.7 Purchase of Equipment; Maintenance and Repair; Title upon Termination. GRANTEE shall not give any security interest, lien or otherwise encumber any item of equipment purchased with contract funds. GRANTEE shall permanently identify all equipment purchased under this Contract by appropriate tags or labels affixed to the equipment. GRANTEE shall maintain a current inventory of all equipment which shall be available to the OAG at all times upon request; however, a title for equipment will remain with Grantee. GRANTEE will maintain, repair, and protect all equipment purchased in whole or in part with grant funds so as to ensure the full availability and usefulness of such equipment. In the event GRANTEE is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the equipment purchased under this Contract, it shall use the proceeds to repair or replace said equipment. To the extent that the OAG reimburses GRANTEE for its purchase of equipment with funds from this Contract, and to the extent it is allowed by federal or state law, GRANTEE agrees that upon termination of the Contract, title to or ownership of all such purchased equipment, at the sole option of the OAG, shall remain with the OAG. 4.3.8 Direct Deposit. GRANTEE may make a written request to the OAG to be placed on Direct Deposit status by completing and submitting to the OAG the State Comptroller's Direct Deposit Authorization Form. After the direct deposit request is approved by the OAG and the setup is completed on the Texas Identification Number System by the State Comptroller's Office,payment will be remitted by direct deposit and the OAG will discontinue providing GRANTEE with copies of reimbursement vouchers. ICAC Subrecipient Grant Contract Page 7 of 23 SECTION 5 OBLIGATIONS OF OAG 5.1 Monitoring. The OAG is responsible for closely monitoring GRANTEE to ensure the effective and efficient use of grant funds to accomplish the purposes of this Contract. 5.2 Maximum Liability of OAG. The maximum liability of the OAG is contained in the attached Exhibit A. Any change to the maximum liability must be supported by a written amendment to this Contract. 5.3 Reimbursement of Grantee Expenses. The OAG shall be obligated to reimburse GRANTEE for all actual and allowable allocable costs incurred by GRANTEE pursuant to this Contract. The OAG is not obligated to pay unauthorized costs. Prior written approval from the OAG is required if GRANTEE anticipates altering the scope of the grant, adding funds to previously un-awarded budget categories, changing funds in any awarded budget category by more than 10% of the annual budget and/or adding new line items to any awarded budget category. Notwithstanding the foregoing, should GRANTEE wish to alter the scope of the grant or change the goals of the grant by adding or eliminating goals which were included in the GRANTEE's final narrative included in Section 3.2.2 above, such alteration or change may only be achieved by a written, duly executed amendment to this Contract. 5.4 Contract Not Entitlement or Right. Reimbursement with contract funds is not an entitlement or right. Reimbursement depends, among other things,upon strict compliance with all terms, conditions and provisions of this Contract. The OAG and GRANTEE agree that any act, action or representation by either party, their agents or employees that purports to increase the maximum liability of the OAG is void unless a written amendment to this Contract is first executed. GRANTEE agrees that nothing in this Contract will be interpreted to create an obligation or liability of the OAG in excess of the funds delineated in this Contract. 5.5 Funding Limitation. GRANTEE agrees that funding for this Contract is subject to the actual receipt by the OAG of grant funds (state and/or federal) appropriated to the OAG. GRANTEE agrees that the grant funds if any, received from the OAG are limited by the term of each state biennium and by specific appropriation authority to and the spending authority of the OAG for the purpose of this Contract. GRANTEE agrees that, notwithstanding any other provision of this Contract,if the OAG is not appropriated the funds or if the OAG does not receive the appropriated funds for this grant program, or if the funds appropriated to the OAG for this grant program are required by the state to be reallocated to fund other state programs or purposes, the OAG is not liable to pay the GRANTEE any remaining balance on this Contract. ICAC Subrecipient Grant Contract Page 8 of 23 SECTION 6 TERMINATION 6.1 Termination for Convenience. Either Parry may, at its sole discretion, terminate this Contract without recourse, liability or penalty, upon written notice to the other party at least thirty (30) calendar days before the effective date of such termination. 6.2 Termination for Cause. In the event that GRANTEE fails to perform or comply with an obligation of the terms, conditions and provisions of this Contract, the OAG may, upon written notice of the breach to GRANTEE, immediately terminate this Contract. 6.3 Termination Not Exclusive Remedy; Survival of Terms and Conditions. Termination is not an exclusive remedy, but will be in addition to any other rights and remedies provided in equity, by law, or under this Contract. Termination of this Contract for any reason or expiration of this Contract shall not release the Parties from any liability or obligation set forth in this Contract that is expressly stated to survive any such termination or by its nature would be intended to be applicable following any such termination. The following terms and conditions, (in addition to any others that could reasonably be interpreted to survive but are not specifically identified), survive the termination or expiration of this Contract: Sections 4, 5, 7; 11; and 12. SECTION 7 AUDIT RIGHTS;RECORDS RETENTION 7.1 Duty to Maintain Records. GRANTEE shall maintain adequate records that enable the OAG to verify all reporting measures and requests for reimbursements related to this Contract. GRANTEE also shall maintain such records as are deemed necessary by the OAG, OAG's auditor, the State Auditor's Office or other auditors of the State of Texas, the federal government or such other persons or entities designated by the OAG, to ensure proper accounting for all costs and performances related to this Contract. 7.2 Records Retention. GRANTEE shall maintain and retain records for a period of seven(7) years after the Contract is completed or expires, or all issues that arise from any litigation, claim, negotiation, audit, open records request, administrative review, or other action involving the Contract are resolved. The records include, but may not be limited to, the Contract, any contract solicitation documents, any documents that are necessary to fully disclose the extent of services provided under this Contract, any daily activity reports and time distribution and attendance records, and other records that may show the basis of the charges made or performances delivered. 7.3 Audit Trails. GRANTEE shall maintain appropriate audit trails to provide accountability for all reporting measures and requests for reimbursements. Audit trails maintained by GRANTEE will, at a minimum, identify the supporting documentation prepared by GRANTEE to permit an audit of its systems. GRANTEE's automated systems, if any, must provide the means whereby authorized personnel have the ability to audit and to verify contractually required performances and to establish individual accountability for any action that can potentially cause access to, generation of, or modification of confidential information. ICAC Subrecipient Grant Contract Page 9 of 23 7.4 Access and Audit. At the request of the OAG, GRANTEE shall grant access to and make available all paper and electronic records, books, documents, accounting procedures, practices, and any other items relevant to the performance of this Contract, compliance with the applicable state or federal laws and regulations,and the operation and management of GRANTEE to the OAG or its designees for the purposes of inspecting, auditing, or copying such items. GRANTEE will direct any other entity,person, or contractor receiving fund directly under this Contract or through a subcontract under this Contract to likewise permit access to, inspection of, and reproduction of all books, records and other relevant information of the entity,person or contractor that pertain to this Contract. All records, books, documents, accounting procedures, practices, and any other items, in whatever form, relevant to the performance of this Contract shall be subject to examination or audit. Whenever practical as determined at the sole discretion of the OAG, the OAG shall provide GRANTEE with up to five (5) business days advance notice of any such examination or audit. 7.5 State Auditor. In addition to and without limitation on the other audit provisions of this Contract,pursuant to Section 2262.154 of the Texas Government Code, the State Auditor's Office may conduct an audit or investigation of GRANTEE or any other entity or person receiving funds from the State directly under this Contract or indirectly through a subcontract under this Contract. The acceptance of funds by GRANTEE or any other entity or person directly under this Contract or indirectly through a subcontract under this Contract acts as acceptance of the authority of the State Auditor's Office,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, GRANTEE or another entity that is the subject of an audit or investigation by the State Auditor's Office must provide the State Auditor's Office with access to any information the State Auditor's Office considers relevant to the investigation or audit. GRANTEE further agrees to cooperate fully with the State Auditor's Office in the conduct of the audit or investigation, including providing all records requested. GRANTEE shall ensure that this paragraph concerning the authority to audit funds received indirectly by subcontractors through GRANTEE and the requirement to cooperate is included in any subcontract it awards. The State Auditor's Office shall at any time have access to and the right to examine, audit, excerpt, and transcribe any pertinent books, documents,working papers,and records of GRANTEE related to this Contract. GRANTEE also represents and warrants that it will comply with Section 321.022 of the Texas Government Code,which requires that suspected fraud and unlawful conduct be reported to the State Auditor's Office. 7.6 Location. Any audit of records shall be conducted at GRANTEE's principal place of business and/or the location(s) of GRANTEE's operations during GRANTEE's normal business hours. GRANTEE shall provide to OAG or its designees, on GRANTEE's premises(or if the audit is being performed of a subcontractor, the subcontractor's premises if necessary) private space, office furnishings (including lockable cabinets), telephone and facsimile services, utilities and office-related equipment and duplicating services as OAG or its designees may reasonably require to perform the audits described in this Contract. ICAC Subrecipient Grant Contract Page 10 of 23 SECTION 8 SUBMISSION OF INFORMATION TO THE OAG The OAG will designate methods for submission of information to the OAG by GRANTEE. The OAG generally requires submission of information via email or hard copy format. Some reporting requirements must occur via the internet and/or a web-based data collection method. 8.1 Programmatic Reports and Information (excluding Financial Reports). All quarterly statistical reports, annual performance reports, correspondence,reports or notices, except financial reports specified below, must be submitted in the manner directed by the OAG. OAG will provide the required manner of delivery after the grant is awarded. The manner of delivery may be subject to change during the term of the Contract, in the sole discretion of the OAG. 8.2 Financial Reports (excluding Programmatic Reports and Information). All financial status reports, requests for reimbursement and inventory reports, must be submitted in the manner directed by the OAG. OAG will provide the required manner of delivery after the grant is awarded. The manner of delivery may be subject to change during the term of the Contract, in the sole discretion of the OAG. SECTION 9 CORRECTIVE ACTION PLANS AND SANCTIONS The Parties agree to make a good faith effort to identify, communicate and resolve problems found by either the OAG or GRANTEE. 9.1 Corrective Action Plans. If the OAG finds deficiencies with GRANTEE's performance under this Contract, the OAG, at its sole discretion, may impose one or more of the following remedies as part of a corrective action plan: increase monitoring visits; require that additional or more detailed financial and/or programmatic reports be submitted; require prior approval for expenditures; require additional technical or management assistance and/or make modifications in business practices; reduce the Contract amount; and/or terminate this Contract. The foregoing are not exclusive remedies, and the OAG may impose other requirements that the OAG determines will be in the best interest of the State. 9.2 Financial Hold. Failure to comply with submission deadlines for required reports, invoices, or other requested information, may result in the OAG, at its sole discretion, placing GRANTEE on immediate financial hold without further notice to GRANTEE and without first requiring a corrective action plan. No reimbursements will be processed until the requested information is submitted.If GRANTEE is placed on financial hold,the OAG, at its sole discretion, may deny reimbursement requests associated with the expenses incurred during the time GRANTEE was placed on financial hold. 9.3 Sanctions. In addition to financial hold, the OAG, at its sole discretion, may impose other sanctions without first requiring a corrective action plan. The OAG, at its sole discretion, may impose sanctions, including, but not limited to, withholding or suspending funding, offsetting previous reimbursements, requiring repayment, disallowing claims for reimbursement, reducing funding, terminate this Contract and/or any other appropriate sanction. ICAC Subrecipient Grant Contract Page 11 of 23 9.4 No Waiver. Notwithstanding the imposition of corrective actions, financial hold and/or sanctions, GRANTEE remains responsible for complying with the Contract terms and conditions. Corrective action plans, financial hold and/or sanctions do not excuse or operate as a waiver of prior failure to comply with this Contract. SECTION 10 GENERAL TERMS AND CONDITIONS 10.1 Uniform Grant Management Act,UGMS and Applicable Standard Federal and State Certifications and Assurances. GRANTEE agrees to comply with applicable laws, executive orders, regulations and policies as well as the Uniform Grant Management Act of 1981 (UGMA), Texas Government Code, Chapter, 783, as amended. GRANTEE also agrees to comply with Uniform Grant Management Standards (UGMS), and any other applicable federal or state grant management standards. 10.2 Generally Accepted Accounting Principles or Other Recognized Accounting Principles. GRANTEE shall adhere to Generally Accepted Accounting Principles (GAAP) promulgated by the American Institute of Certified Public Accountants, unless other recognized accounting principles are required by GRANTEE. GRANTEE shall also follow OAG fiscal management policies and procedures in processing and submitting requests for reimbursement and maintaining financial records related to this Contract. 10.3 Conflicts of Interest; Disclosure of Conflicts. GRANTEE represents and warrants that performance under the Contract or grant will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety. GRANTEE has not given or offered to give, nor does GRANTEE intend to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant or employee of the OAG, at any time during the negotiation of this Contract or in connection with this Contract, except as allowed under relevant state or federal law. Further, GRANTEE represents and warrants that in the administration of the grant, it will comply with all conflict of interest prohibitions and disclosure requirements required by applicable law, rules, and policies, including Chapter 176 of the Texas Local Government Code. GRANTEE will establish safeguards to prohibit its employees from using their positions for a purpose that constitutes or presents the appearance of a personal or organizational conflict of interest or personal gain. GRANTEE will operate with complete independence and objectivity without an actual, potential or apparent conflict of interest with respect to its performance under this Contract. GRANTEE must disclose, in writing, within fifteen (15) calendar days of discovery, any existing or potential conflicts of interest relative to its performance under this Contract. 10.4 Compliance with Regulatory and Licensing Bodies. GRANTEE agrees that it has obtained all licenses, certifications, permits and authorizations necessary to perform the responsibilities of this Contract and currently is, and will remain, in good standing with all regulatory agencies that regulate any or all aspects of GRANTEE's business or operations. GRANTEE agrees to remain in good standing with the Texas Secretary of State, Texas Comptroller of Public Accounts and related federal governmental bodies related to GRANTEE's right to conduct its business in Texas. GRANTEE agrees to comply with all applicable licenses, ICAC Subrecipient Grant Contract Page 12 of 23 legal certifications, inspections, and any other applicable local ordinance or state, or federal laws. 10.5 Child Support Obligation Affirmation.Under Section 231.006 of the Texas Family Code, the GRANTEE certifies that the individual or business entity named in this Contract is not ineligible to receive the specified grant, and acknowledges that this Contract may be terminated and payment may be withheld if this certification is inaccurate. 10.6 Contract Oversight. GRANTEE represents and warrants that it will maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. 10.7 Cybersecurity Training Program. GRANTEE represents and warrants its compliance with Section 2054.5191 of the Texas Government Code relating to the cybersecurity training program for local government employees who have access to a local government computer system or database. 10.8 Debarment and Suspension. Grantee certifies that it and its principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Management(SAM) maintained by the General Services Administration. 10.9 Debts and Delinquencies. To the extent permissible under applicable state and federal law and the underlying Federal Grant Award, GRANTEE agrees that any payments due under the grant contract shall be applied towards any debt or delinquency that is owed to the State of Texas. 10.10 Protections for Certain Charitable Organizations, Charitable Trusts, and Private Foundations. GRANTEE represents and warrants that it will comply with Section 2252.906 of the Texas Government Code relating to disclosure protections for certain charitable organizations, charitable trusts, and private foundations. 10.11 Excluded Parties. GRANTEE certifies that it is not listed in the prohibited vendors list authorized by Executive Order No. 13224, `Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism",published by the United States Department of the Treasury, Office of Foreign Assets Control. 10.12 Executive Head of a State Agency Affirmation. Under Section 669.003 of the Texas Government Code, relating to contracting with an executive head of a state agency, GRANTEE represents and warrants that no person who served as an executive of OAG, in the past four (4) years, was involved with or has any interest in this Contract or grant award. To the extent GRANTEE employs or has used the services of a former executive of OAG, then GRANTEE certifies it has previously disclosed the following information: name of the former executive, the name of the state agency, the date of separation from the state agency, the position held with GRANTEE, and the date of employment with GRANTEE. ICAC Subrecipient Grant Contract Page 13 of 23 10.13 Law Enforcement Funding. To the extent applicable, GRANTEE represents and warrants that it will not use appropriated money unless the law enforcement agency is in compliance with all rules adopted by the Texas Commission on Law Enforcement (TCOLE), or TCOLE certifies that it is in the process of achieving compliance with such rules. 10.14 Legal Authority. GRANTEE represents that it possesses legal authority to apply for the grant. A resolution, motion or similar action has been duly adopted or passed as an official act of the GRANTEE's governing body, authorizing the filing of the Application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative, or the designee of GRANTEE to act in connection with the Application and to provide such additional information as may be required. 10.15 No Use of Grant Money for Lobbying. GRANTEE represents and warrants that OAG's payments to GRANTEE and GRANTEE's receipt of appropriated or other funds under the contract or grant are not prohibited by Sections 403.1067 or 556.0055 of the Texas Government Code which restrict lobbying expenditures. 10.16 Open Meetings If the GRANTEE is a governmental entity, GRANTEE represents and warrants its compliance with Chapter 551 of the Texas Government Code which requires all regular, special or called meeting of a governmental body to be open to the public, except as otherwise provided by law. 10.17 Political Polling Prohibition. GRANTEE represents and warrants that it does not perform political polling and acknowledges that appropriated funds may not be granted to, or expended by, any entity which performs political polling. 10.18 Texas Public Information Act. Information, documentation, and other material in connection with this Contract or the underlying grant may be subject to public disclosure pursuant to Chapter 552 of the Texas Government Code (the "Public Information Act"). In accordance with Section 2252.907 of the Texas Government Code, GRANTEE is required to make any information created or exchanged with OAG, the State of Texas, or any state agency 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 OAG,the State of Texas, or any state agency. 10.19 Reporting Compliance. GRANTEE represents and warrants that it will submit timely, complete, and accurate reports in accordance with the grant and maintain backup documentation to support the reports. 10.20 Reporting Suspected Fraud and Unlawful Conduct. GRANTEE represents and warrants that it will comply with Section 321.022 of the Texas Government Code which requires that suspected fraud and unlawful conduct be reported to the State Auditor's Office. ICAC Subrecipient Grant Contract Page 14 of 23 10.21 Subaward Monitoring. GRANTEE represents and warrant that it will monitor the activities of the subrecipient as necessary to ensure that the subaward is used for authorized purposes, in compliance with applicable statutes, regulations, and the terms and conditions of the subaward, and that subaward performance goals are achieved. 10.22 Does Not Boycott Israel. To the extent required by Texas Government Code, section 2271.002, GRANTEE represents and warrants that neither GRANTEE, nor any subcontractor, assignee, or sub-recipient of GRANTEE, currently boycotts Israel, or will boycott Israel during the term of this contract. GRANTEE agrees to take all necessary steps to ensure this certification remains true for any future subcontractor or assignee. For purposes of this provision, "Boycott Israel" shall have the meaning assigned by Texas Government Code, Sec. 808.001(1). 10.23 Restriction on Abortion Funding. GRANTEE acknowledges that, under article IX, section 6.25 of the General Appropriations Act for the term covered by this Contract, and except as provided by that Act,funds may not be distributed under this Contract to any individual or entity that: (1) performs an abortion procedure that is not reimbursable under the State's Medicaid program; (2) is commonly owned, managed, or controlled by an entity that performs an abortion procedure that is not reimbursable under the State's Medicaid program; or (3) is a franchise or affiliate of an entity that performs an abortion procedure that is not reimbursable under the State's Medicaid program. 10.24 U.S.Department of Homeland Security's E-Verify System. GRANTEE will ensure that it utilizes the U.S.Department of Homeland Security's E-Verify system to determine the eligibility of any new employee hired after the effective date of this agreement who will be working on any matter covered by this agreement. 10.25 Financial Participation Prohibited Affirmation. Under Section 2155.004(b) of the Texas Government Code, GRANTEE certifies that the individual or business entity named in this Contract is not ineligible to receive the specified contract or grant funding and acknowledges that the Contract may be terminated and all payments withheld if this certification is inaccurate. 10.26 Human Trafficking Prohibition. Under Section 2155.0061 of the Texas Government Code, the GRANTEE certifies that the individual or business entity named in this Contract is not ineligible to receive the specified contract or grant funding and acknowledges that this Contract may be terminated and all payments withheld if this certification is inaccurate. 10.27 Prior Disaster Relief Contract Violation. Under Sections 2155.006 and 2261.053 of the Texas Government Code, the GRANTEE certifies that the individual or business entity named in this contract is not ineligible to receive the specified Contract or grant funding and acknowledges that this Contract may be terminated and all payments withheld if this certification is inaccurate. 10.28 Business with Iran, Sudan, or Terrorist Organizations. GRANTEE hereby represents and warrants that it does not, and shall not for the duration of any resulting contract or purchase order hereunder, engage in any business operations, including but not limited to acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, ICAC Subrecipient Grant Contract Page 15 of 23 personnel,products, services, personal property, real property, or any other apparatus of business or commerce with Iran, Sudan or a foreign terrorist organization. SECTION 11 SPECIAL TERMS AND CONDITIONS 11.1 Independent Contractor Status; Indemnity and Hold Harmless Agreement. GRANTEE expressly agrees that it is an independent contractor and under no circumstances shall any owner, incorporator, officer, director, employee, or volunteer of GRANTEE be considered an OAG employee, agent, servant,joint venturer,joint enterpriser or partner of the OAG. GRANTEE agrees to take such steps as may be necessary to ensure that each contractor of GRANTEE will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant,joint venturer,joint enterpriser or partner of OAG or the State of Texas. All persons furnished, used, retained, or hired by or on behalf of GRANTEE or any of GRANTEE'S contractors shall be considered to be solely the employees or agents of GRANTEE or the contractors. GRANTEE or GRANTEE'S contractors shall be responsible for ensuring that any and all appropriate payments are made, such as unemployment,workers compensation, social security, any benefit available to a state employee as a state employee, and other payroll taxes for such persons, including any related assessments or contributions required by law. GRANTEE is responsible for all types of claims whatsoever due to actions or performance under this Contract, including, but not limited to, the use of automobiles or other transportation by its owners,incorporators,officers,directors,employees,volunteers or any third parties. To the extent allowed by law, GRANTEE shall defend, indemnify, and hold harmless OAG and the State of Texas, 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, attorneys fees, and expenses arising out of, or resulting from any acts or omissions of GRANTEE or its agents, employees, subcontractors, order fulfillers, or suppliers of subcontractors in the execution or performance of the Contract. In the event the State of Texas, the OAG, or any other State of Texas agency are named defendants in any lawsuit, the defense thereof shall be coordinated by GRANTEE with the OAG. GRANTEE may not agree to any settlement without first obtaining the concurrence from OAG. OAG and GRANTEE agree to furnish timely written notice to each other of any such claim. 11.2 Publicity. GRANTEE shall not use the OAG's name or refer to the OAG directly or indirectly in any media release,public service announcement or public service disclosure relating to this Contract or any acquisition pursuant hereto, including in any promotional or marketing materials, without first obtaining written consent from the OAG. This section is not intended to and does not limit GRANTEE's ability to comply with its obligations and duties under the Texas Open Meetings Act and/or the Texas Public Information Act. 11.3 Intellectual Property. GRANTEE understands and agrees that where funds obtained under this Contract may be used to produce original books, manuals, films, or other original material and intellectual property, GRANTEE may copyright such material subject to the royalty- ICAC Subrecipient Grant Contract Page 16 of 23 free, non-exclusive, and irrevocable license which is hereby reserved by the OAG and granted by GRANTEE to the OAG or the state (or federal government, if federal funds are expended in this grant) government. Grantee hereby grants the OAG an unrestricted, royalty-free, non-exclusive, and irrevocable license to use, copy, modify, reproduce, publish, or otherwise use, and authorize others to use (in whole or in part, including in connection with derivative works), at no additional cost to the OAG, in any manner the OAG deems appropriate at its sole discretion, any component of such intellectual property made the subject of this Contract. Whereas federal funds are expended in this grant, Grantee also hereby grants the Office of Justice Programs (OJP) a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use (in whole or in part, including in connection with derivative works), for Federal purposes: (1) any work subject to copyright developed under this Contract; and (2) any rights of copyright to which Grantee purchases ownership with grant funds received under this Contract. Grantee acknowledges and agrees that OJP has the right to (1) obtain, reproduce, publish, or otherwise use the data first produced under this Contract and (2) authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. "Data" includes data as defined in Federal Acquisition Regulation (FAR)provision 52.227- 14 (Rights in Data- General). GRANTEE shall obtain from subrecipients, contractors, and subcontractors (if any) all rights and data necessary to fulfill the Grantee's obligations to the OAG and OJP under this Contract. If a proposed subrecipient, contractor, or subcontractor refuses to accept terms affording the OAG or OJP such rights, Grantee shall promptly bring such refusal to the attention of the OAG Program Manager for the Contract and not proceed with the agreement in question without further authorization from the OAG. 11.4 Program Income. Gross income directly generated from the grant funds through a project or activity performed under this Contract are considered program income. Unless otherwise required under the terms of this Contract, any program income shall be used by GRANTEE to further the program objectives of the project or activity funded by this grant, and the program income shall be spent on the same project or activity in which it was generated. GRANTEE shall identify and report this income in accordance with the OAG's reporting instructions. GRANTEE shall expend program income during this Contract term; program income not expended in this Contract term shall be refunded to the OAG. 11.5 No Supplanting. GRANTEE shall not supplant or otherwise use funds from this Contract to replace or substitute existing funding from other sources that also supports the activities that are the subject of this Contract. 11.6 No Solicitation or Receipt of Funds on Behalf of OAG. It is expressly agreed that any solicitation for or receipt of funds of any type by GRANTEE is for the sole benefit of GRANTEE and is not a solicitation for or receipt of funds on behalf of the OAG or the Attorney General of the State of Texas. ICAC Subrecipient Grant Contract Page 17 of 23 11.7 No Subcontracting, Assignment, or Delegation Without Prior Written Approval of OAG. GRANTEE may not subcontract, assign any of its rights, or delegate any of its duties under this contract without the prior written approval of the OAG. OAG shall maintain the complete and sole discretion to approve or deny any request to subcontract, assign any right, or delegate any duty under this contract, and the OAG may withhold its approval for any reason or no reason. In the event OAG approves subcontracting, assignment, or delegation by GRANTEE, GRANTEE will ensure that its contracts with others shall require compliance with the provisions of this Contract. GRANTEE, in subcontracting for any performances specified herein, expressly understands and agrees that it is not relieved of its responsibilities for ensuring that all performance is in compliance with this contract and that the OAG shall not be liable in any manner to GRANTEE's subcontractor(s). GRANTEE represents and warrants that it will maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. 11.8 No Grants to Certain Organizations. GRANTEE confirms by executing this Contract that it does not make contributions to campaigns for elective office or endorse candidates. 11.9 No Waiver of Sovereign Immunity. The Parties agree that no provision of this Contract is in any way intended to constitute a waiver by the OAG or the State of Texas of any immunities from suit or from liability that the OAG or the State of Texas may have by operation of law. 11.10 Dispute Resolution. The negotiation process provided for in Subchapter B of Chapter 2260 of the Texas Government Code shall be used to resolve any alleged breach of the Contract by OAG. 11.11 Governing Law;Venue.This contract is made and entered into in the State of Texas. This contract and all disputes arising out of or relating thereto shall be governed by the laws of the State of Texas, without regard to any otherwise applicable conflict of law rules or requirements. Except where state law establishes mandatory venue, GRANTEE agrees that any action, suit, litigation or other proceeding(collectively"litigation") arising out of or in any way relating to this Contract shall be commenced exclusively in the Travis County District Court or the United States District Court in the Western District, Austin Division, and to the extent allowed by law, hereby irrevocably and unconditionally consent to the exclusive jurisdiction of those courts for the purpose of prosecuting and/or defending such litigation. GRANTEE hereby waives and agrees not to assert by way of motion, as a defense, or otherwise, in any suit, action or proceeding, any claim that GRANTEE is not personally subject to the jurisdiction of the above-named courts, the suit, action or proceeding is brought in an inconvenient forum and/or the venue is improper. 11.12 MOU between OAG and GRANTEE. The OAG and GRANTEE will have in place a Memorandum of Understanding that outlines the duties and responsibilities of GRANTEE as a member of the Internet Crimes Against Children Task Force. GRANTEE agrees to comply with the approved Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention ICAC Task Force Operational and Investigative Standards. ICAC Subrecipient Grant Contract Page 18 of 23 11.13 Restrictions and Certifications Regarding Non-Disclosure Agreements and Related Matters. In accepting this grant, the GRANTEE: a. represents and warrants that GRANTEE neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict ( or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if GRANTEE learns or GRANTEE is notified that is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud,or abuse as described above,it will immediately stop any further obligations of award funds,will provide prompt written notification to the OAG and will resume (or permit resumption of) such obligations only if expressly authorized to do so OAG. SECTION 12 FEDERAL FUNDING TERMS AND CONDITIONS 12.1 Federal and State Laws,Rules and Regulations,Directives,Guidelines,Code of Federal Regulations (CFR) and Other Relevant Authorities. GRANTEE agrees to comply with all applicable federal and state laws, rules and regulations, directives, guidelines, including 2 CFR Part 200, and any other authorities relevant to the performance of GRANTEE under this contract. In instances where multiple requirements apply to GRANTEE, the more restrictive requirement applies. 12.2 Catalog of Federal Domestic Assistance Number. The Catalog of Federal Domestic Assistance Number (CFDA) number for the Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention program is 16.543, titled "Missing Children's Assistance." 12.3 Byrd Anti-Lobbying Amendment, To the extent applicable, GRANTEE certifies that no federal appropriated funds have been paid or will be paid to any person or organization 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 on its behalf to obtain, extend, or modify this contract or grant. If non-federal funds are used by GRANTEE to conduct such lobbying activities, GRANTEE shall promptly file the prescribed disclosure form. In accordance with 31 U.S.C. § 1352(b)(5), GRANTEE acknowledges and agrees that it is responsible for ensuring that each subrecipient and subcontractor certifies its compliance with the expenditure prohibition and the declaration requirement. 12.4 Clean Air Act and Federal Water Pollution Control Act. GRANTEE represents and warrants that it will comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). 12.5 Compliance with Laws,Rules, and Requirements. GRANTEE represents and warrants that it will comply, and assure the compliance of all its subrecipients and contractors, with all applicable federal and state laws, rules, regulations, and policies in effect or hereafter established. ICAC Subrecipient Grant Contract Page 19 of 23 In addition, GRANTEE represents and warrants that it will comply with all requirements imposed by the OAG concerning special requirements of law, program requirements, and other administrative requirements. In instances where multiple requirements apply to GRANTEE, the more restrictive requirement applies. 12.6 Disclosure of Violations of Federal Criminal Law. Grantee represents and warrants its compliance with 2 CFR § 200.113 which requires the disclosure in writing of violations of federal criminal law involving fraud, bribery, and gratuity and the reporting of certain civil, criminal, or administrative proceedings to SAM. 12.7 Federal Solid Waste Disposal Act. GRANTEE represents and warrants that it will comply with the requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. 12.8 No Conflicts of Interest (Federal). GRANTEE represents and warrants its compliance with the OJP's conflict of interest policies in accordance 2 CFR § 200.112. 12.9 Records Retention(Federal).GRANTEE represents and warrants its compliance with the records retention requirements of 2 CFR§ 200.333. OAG reserves the right to direct a GRANTEE to retain documents for a longer period of time or transfer certain records to OAG custody when it is determined the records possess longer term retention value. GRANTEE must include the substance of this clause in all subawards and subcontracts. 12.10 Special Provisions Due to Federal Funding. 12.10.1 Source of Federal Funds. The source of funds for this Contract are federal funds, specifically, the Internet Crimes Against Children (ICAC) Task Forces, conducted in accordance with Federal grant programs funded under the Catalog of Federal Domestic Assistance (CFDA) No. 16.543 Missing Children's Assistance. 12.10.2 Applicable Certifications and Assurances and other Provisions Due to Federal Funding. GRANTEE agrees to comply with all relevant federal requirements under the applicable federal grant program. GRANTEE agrees to comply with terms of the "Super Circular" (2 CFR Chapters I and 11) in the event they are applicable to this award funded with federal funds. SECTION 13 CONSTRUCTION OF CONTRACT AND AMENDMENTS 13.1 Construction of Contract. The provisions of Section 1 are intended to be a general introduction to this Contract. To the extent the terms and conditions of this Contract do not address a particular circumstance or are otherwise unclear or ambiguous, such terms and conditions are to be construed consistent with the general objectives, expectations and purposes of this Contract. 13.2 Entire Agreement, including Exhibits. This contract, including all exhibits, reflect the entire agreement between the Parties with respect to the subject matter therein described, and there ICAC Subrecipient Grant Contract Page 20 of 23 are no other representations (verbal or written), directives, guidance, assistance,understandings or agreements between the Parties relative to such subject matter. By executing this Contract, GRANTEE agrees to strictly comply with the requirements and obligations of this Contract, including all exhibits. 13.3 Amendment. This contract shall not be modified or amended except in writing, signed by both parties. Any properly executed amendment of this Contract shall be binding upon the Parties and presumed to be supported by adequate consideration. 13.4 Partial Invalidity. If any term or provision of this Contract is found to be illegal or unenforceable, such construction shall not affect the legality or validity of any of its other provisions. The illegal or invalid provision shall be deemed severable and stricken from the Contract as if it had never been incorporated herein, but all other provisions shall continue in full force and effect. 13.5 Non-waiver. The failure of any Party to insist upon strict performance of any of the terms or conditions herein, irrespective of the length of time of such failure, shall not be a waiver of that party's right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under this Contract shall constitute a consent or waiver to or of any breach or default in the performance of the same or any other obligation of this Contract. 13.6 Official Capacity. The Parties agree that the signatories hereto are signing, executing and performing this Contract only in their official capacity. 13.7 Signature Authority. The undersigned Parties represent and warrant that the individuals submitting this document are authorized to sign such documents on behalf of the respective parties. OFFICE OF THE ATTORNEY CORPUS CHRISTI POLICE GENERAL OF TEXAS DEPARTMENT Printed Name: Printed Name: Denny Asbury Office of the Attorney General Authorized Official ICAC Subrecipient Grant Contract Page 21 of 23 GRANT CONTRACT OAG Contract No. 2113561 EXHIBIT A Maximum Liability of the OAG. The OAG and GRANTEE agree that the total liability of the OAG to GRANTEE, directly or indirectly, arising out of this Contract for reimbursement of all expenses, shall not exceed: $10,000.00 Subject to the limitations within this Contract, the OAG will reimburse GRANTEE for actual allowable and allocable costs paid according to the following amounts and budget categories: Budget Category Amount Personnel $0.00 Fringe Benefits $0.00 Professional & Contractual Services $0.00 Travel $0.00 Equipment $0.00 Supplies $1,955.00 Other Direct Operating Expenses $8,045.00 [Total $10,000.00 ICAC Subrecipient Grant Contract Page 22 of 23 GRANT CONTRACT OAG Contract No. 2113561 EXHIBIT B SPECIAL CONDITIONS Special Conditions are imposed by the OAG at its sole discretion. In addition to the ones identified in this exhibit to this Contract, the OAG may, at its sole discretion, impose additional special conditions, with or without notice, without amending this Contract. GRANTEE'S signature on this contact will be treated as a signature agreement for each of the twenty-five(25)pages of the Special Conditions, as attached. The Special Conditions that apply to this Contract are: • Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, Special Conditions of the Cooperative Agreement (OAG Award Document), 2018-MC-FX-K065, and any subsequent award document. ➢ Eighteen (18)pages. • Compliance with the Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, as provided in memo to Official Grant File,to Texas Office of the Attorney General and any subsequent award document. ➢ One (1)page. • Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, Project Summary (OAG Award Document), 2018-MC-FX- K065. ➢ Two (2)pages. • Compliance with the Department of Justice, Office of Justice Programs, Office of Civil Rights,as provided in the letter to Texas Office of the Attorney General and any subsequent award document. ➢ One (1)page. • Department of Justice, Office of Justice Programs, Assurances — Standard Assurances. ➢ Three (3)pages. ICAC Subrecipient Grant Contract Page 23 of 23 EXHIBIT B Department of Justice(DOJ) Office of Justice Programs Office of Juvenile Justice and Cooperative Agreement PAGE 1 of 18 Delinquency Prevention 1.RECIPIENT NAME AND ADDRESS(Including Zip Code) 4.AWARD NUMBER: 2018-MC-FX-KO65 Texas Office of the Attorney General PO Box 12548 5.PROJECT PERIOD:FROM 10/01/2018 TO 09/30/2021 Austin,TX 78711-2548 BUDGET PERIOD:FROM 10/01/2018 TO 09/30/2021 6.AWARD DATE 7.ACTION 2a.GRANTEE IRSNENDOR NO. 8.SUPPLEMENT NUMBER Supplemental 746000057 02 2b.GRANTEE DUNS NO. 806780789 9.PREVIOUS AWARD AMOUNT $1,124,411 3.PROJECT TITLE 10.AMOUNT OF THIS AWARD $608,000 Southern Texas ICAC Task Force Program 11.TOTAL AWARD $1,732,411 12.SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13.STATUTORY AUTHORITY FOR GRANT This project is supported under FY20(OJJDP-MEC-ICAC Task Force-other than TTA or"HERO"veterans employment)Pub.L.No.116-93,133 Stat. 2317,2410 14.CATALOG OF DOMESTIC FEDERAL ASSISTANCE(CFDA Number) 16.543-Missing Children's Assistance 15.METHOD OF PAYMENT GPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16.TYPED NAME AND TITLE OF APPROVING OFFICIAL 18.TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Katharine T.Sullivan Jeffrey C.Mateer Principal Deputy Assistant Attorney General 17.SIGNATURE OF APPROVING OFFICIAL 19.SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A.DATE AGENCY USE ONLY 20.ACCOUNTING CLASSIFICATION CODES 21. TMCTGT0068 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X F MC 70 00 00 608000 OJP FORM 4000/2(REV.5-87)PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2(REV.4-88) Department of Justice(DOJ) Office of Justice Programs AWARD CONTINUATION a. Office of Juvenile Justice and SHEET PAGE 2 OF 18 •'"` Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2018-MC-FX-KO65 AWARD DATE SPECIAL CONDITIONS 1. Requirements of the award;remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award.Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. Limited Exceptions.In certain special circumstances,the U.S.Department of Justice("DOJ")may determine that it will not enforce,or enforce only in part,one or more requirements otherwise applicable to the award.Any such exceptions regarding enforcement,including any such exceptions made during the period of performance,are(or will be during the period of performance)set out through the Office of Justice Programs("OJP")webpage entitled"Legal Notices: Special circumstances as to particular award conditions"(ojp.gov/funding/Explore/LegalNotices-AwardRegts.htm),and incorporated by reference into the award. By signing and accepting this award on behalf of the recipient,the authorized recipient official accepts all material requirements of the award,and specifically adopts,as if personally executed by the authorized recipient official,all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance. Failure to comply with one or more award requirements--whether a condition set out in full below,a condition incorporated by reference below,or an assurance or certification related to conduct during the award period--may result in OJP taking appropriate action with respect to the recipient and the award.Among other things,the ON may withhold award funds,disallow costs,or suspend or terminate the award.DOJ,including OJP,also may take other legal action as appropriate. Any materially false,fictitious,or fraudulent statement to the federal government related to this award(or concealment or omission of a material fact)may be the subject of criminal prosecution(including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273),and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise(including under 31 U.S.C.3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms,that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law.Should it be held,instead,that the provision is utterly invalid or-unenforceable,such provision shall be deemed severable from this award. Department of Justice(DOJ) Office of Justice Programs AWARD CONTINUATION °. Office of Juvenile Justice and SHEET PAGE 3 OF 18 •'"` Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2018-MC-FX-KO65 AWARD DATE SPECIAL CONDITIONS 2. Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements,Cost Principles,and Audit Requirements in 2 C.F.R.Part 200,as adopted and supplemented by DOJ in 2 C.F.R.Part 2800(together,the"Part 200 Uniform Requirements")apply to this FY 2020 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26,2014. If this FY 2020 award supplements funds previously awarded by ON under the same award number(e.g.,funds awarded during or before December 2014),the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date,and regardless of whether derived from the initial award or a supplemental award)that are obligated on or after the acceptance date of this FY 2020 award. For more information and resources on the Part 200 Uniform Requirements as they relate to ON awards and subawards ("subgrants"),see the ON website at https://ojp.gov/funding/Part200UnifonnRequirements.htm. Record retention and access: Records pertinent to the award that the recipient(and any subrecipient("subgrantee")at any tier)must retain--typically for a period of 3 years from the date of submission of the final expenditure report(SF 425),unless a different retention period applies--and to which the recipient(and any subrecipient("subgrantee")at any tier)must provide access,include performance measurement information,in addition to the financial records, supporting documents,statistical records,and other pertinent records indicated at 2 C.F.R.200.333. In the event that an award-related question arises from documents or other materials prepared or distributed by ON that may appear to conflict with,or differ in some way from,the provisions of the Part 200 Uniform Requirements,the recipient is to contact ON promptly for clarification. 3. Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the ON website (currently,the"DOJ Grants Financial Guide"available at https://ojp.gov/financialguide/DOJ/index.htm),including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide. 4. Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1,2017,various statutory provisions previously codified elsewhere in the U.S.Code were editorially reclassified(that is,moved and renumbered)to a new Title 34,entitled"Crime Control and Law Enforcement."The reclassification encompassed a number of statutory provisions pertinent to ON awards(that is,ON grants and cooperative agreements),including many provisions previously codified in Title 42 of the U.S.Code. Effective as of September 1,2017,any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S.Code is to be read as a reference to that statutory provision as reclassified to Title 34.This rule of construction specifically includes references set out in award conditions,references set out in material incorporated by reference through award conditions,and references set out in other award requirements. Department of Justice(DOJ) ` Office of Justice Programs AWARD CONTINUATION Office of Juvenile Justice and SHEET PAGE 4 OF 18 �" '• Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2018-MC-FX-KO65 AWARD DATE SPECIAL CONDITIONS 5. Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact(POC)and all Financial Points of Contact(FPOCs)for this award must have successfully completed an"OJP financial management and grant administration training"by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1,2018,will satisfy this condition. In the event that either the POC or an FPOC for this award changes during the period of performance,the new POC or FPOC must have successfully completed an"OJP financial management and grant administration training"by 120 calendar days after--(1)the date of OJP's approval of the"Change Grantee Contact"GAN(in the case of a new POC),or(2)the date the POC enters information on the new FPOC in GMS(in the case of a new FPOC). Successful completion of such a training on or after January 1,2018,will satisfy this condition. A list of ON trainings that ON will consider"OJP financial management and grant administration training"for purposes of this condition is available at https://www.ojp.gov/training/fints.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that ON will immediately withhold("freeze")award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead ON to impose additional appropriate conditions on this award. 6. Requirements related to"de minimis"indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the"de minimis" indirect cost rate described in 2 C.F.R.200.414(f),and that elects to use the"de minimis"indirect cost rate,must advise OJP in writing of both its eligibility and its election,and must comply with all associated requirements in the Part 200 Uniform Requirements. The"de minimis"rate may be applied only to modified total direct costs(MTDC)as defined by the Part 200 Uniform Requirements. 7. Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds,or if the recipient receives any other award of federal funds during the period of performance for this award,the recipient promptly must determine whether funds from any of those other federal awards have been,are being,or are to be used(in whole or in part)for one or more of the identical cost items for which funds are provided under this award. If so,the recipient must promptly notify the DOJ awarding agency(OJP or OVW,as appropriate)in writing of the potential duplication,and,if so requested by the DOJ awarding agency,must seek a budget-modification or change-of-project-scope grant adjustment notice(GAN)to eliminate any inappropriate duplication of funding. Department of Justice(DOJ) ` Office of Justice Programs AWARD CONTINUATION Office of Juvenile Justice and SHEET PAGE 5 OF 18 �" '• Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2018-MC-FX-KO65 AWARD DATE SPECIAL CONDITIONS 8. Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management(SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards("subgrants")to first-tier subrecipients (first-tier"subgrantees"),including restrictions on subawards to entities that do not acquire and provide(to the recipient)the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the ON web site at https://ojp.gov/funding/Explore/SAM.htm(Award condition: System for Award Management(SAM)and Universal Identifier Requirements),and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit organization that he or she may own or operate in his or her name). Department of Justice(DOJ) ` Office of Justice Programs AWARD CONTINUATION Office of Juvenile Justice and SHEET PAGE 6 OF 18 �" '• Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2018-MC-FX-KO65 AWARD DATE SPECIAL CONDITIONS 9. Employment eligibility verification for hiring under the award 1.The recipient(and any subrecipient at any tier)must-- A.Ensure that,as part of the hiring process for any position within the United States that is or will be funded(in whole or in part)with award funds,the recipient(or any subrecipient)properly verifies the employment eligibility of the individual who is being hired,consistent with the provisions of 8 U.S.C. 1324a(a)(1)and(2). B.Notify all persons associated with the recipient(or any subrecipient)who are or will be involved in activities under this award of both-- (1)this award requirement for verification of employment eligibility,and (2)the associated provisions in 8 U.S.C. 1324a(a)(1)and(2)that,generally speaking,make it unlawful,in the United States,to hire(or recruit for employment)certain aliens. C.Provide training(to the extent necessary)to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1)and(2). D.As part of the recordkeeping for the award(including pursuant to the Part 200 Uniform Requirements),maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements,as well as records of all pertinent notifications and trainings. 2.Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3.Allowable costs To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the reasonable,necessary,and allocable costs(if any)of actions designed to ensure compliance with this condition. 4.Rules of construction A.Staff involved in the hiring process For purposes of this condition,persons"who are or will be involved in activities under this award"specifically includes (without limitation)any and all recipient(or any subrecipient)officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded(in whole or in part)with award funds. B.Employment eligibility confirmation with E-Verify For purposes of satisfying the requirement of this condition regarding verification of employment eligibility,the recipient(or any subrecipient)may choose to participate in,and use,E-Verify(www.e-verify.gov),provided an appropriate person authorized to act on behalf of the recipient(or subrecipient)uses E-Verify(and follows the proper E-Verify procedures,including in the event of a"Tentative Nonconfirmation"or a"Final Nonconfirmation")to confirm employment eligibility for each hiring for a position in the United States that is or will be funded(in whole or in part)with award funds. C."United States"specifically includes the District of Columbia,Puerto Rico,Guam,the Virgin Islands of the United States,and the Commonwealth of the Northern Mariana Islands. D.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,or Department of Justice(DOJ) Office of Justice Programs AWARD CONTINUATION °. Office of Juvenile Justice and SHEET PAGE 7 OF 18 •'"` Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2018-MC-FX-KO65 AWARD DATE SPECIAL CONDITIONS any person or other entity,to violate any federal law,including any applicable civil rights or nondiscrimination law. E.Nothing in this condition,including in paragraph 4.B.,shall be understood to relieve any recipient,any subrecipient at any tier,or any person or other entity,of any obligation otherwise imposed by law,including 8 U.S.C. 1324a(a)(1) and(2). Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website(https://www.e-verify.govo or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents can email E- Verify at E-VerifyEmployerAgent@dhs.gov. Questions about the meaning or scope of this condition should be directed to OJP,before award acceptance. 10. Requirement to report actual or imminent breach of personally identifiable information(PII) The recipient(and any"subrecipient"at any tier)must have written procedures in place to respond in the event of an actual or imminent"breach"(OMB M-17-12)if it(or a subrecipient)--(1)creates,collects,uses,processes,stores, maintains,disseminates,discloses,or disposes of"personally identifiable information(PH)"(2 CFR 200.79)within the scope of an ON grant-funded program or activity,or(2)uses or operates a"Federal information system"(OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PH to an ON Program Manager no later than 24 hours after an occurrence of an actual breach,or the detection of an imminent breach. 11. All subawards("subgrants")must have specific federal authorization The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that--for purposes of federal grants administrative requirements--ON considers a"subaward"(and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the ON web site at https://ojp.gov/funding/Explore/SubawardAuthorization.htm(Award condition: All subawards("subgrants")must have specific federal authorization),and are incorporated by reference here. 12. Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed$250,000 The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold(currently,$250,000). This condition applies to agreements that--for purposes of federal grants administrative requirements--ON considers a procurement"contract"(and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an ON award are posted on the ON web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed$250,000)),and are incorporated by reference here. Department of Justice(DOJ) Office of Justice Programs AWARD CONTINUATION °. Office of Juvenile Justice and SHEET PAGE 8 OF 18 •'"` Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2018-MC-FX-KO65 AWARD DATE SPECIAL CONDITIONS 13. Unreasonable restrictions on competition under the award;association with federal government SCOPE.This condition applies with respect to any procurement of property or services that is funded(in whole or in part)by this award,whether by the recipient or by any subrecipient at any tier,and regardless of the dollar amount of the purchase or acquisition,the method of procurement,or the nature of any legal instrument used.The provisions of this condition must be among those included in any subaward(at any tier). 1.No discrimination,in procurement transactions,against associates of the federal government Consistent with the(DOJ)Part 200 Uniform Requirements--including as set out at 2 C.F.R.200.300(requiring awards to be"manage[d]and administer[ed]in a manner so as to ensure that Federal funding is expended and associated programs are implemented in full accordance with U.S.statutory and public policy requirements")and 200.319(a)(generally requiring"[a]ll procurement transactions[to]be conducted in a manner providing full and open competition"and forbidding practices"restrictive of competition,"such as"[p]lacing unreasonable requirements on firms in order for them to qualify to do business"and taking"[a]ny arbitrary action in the procurement process")--no recipient(or subrecipient,at any tier)may(in any procurement transaction)discriminate against any person or entity on the basis of such person or entity's status as an"associate of the federal government"(or on the basis of such person or entity's status as a parent,affiliate,or subsidiary of such an associate),except as expressly set out in 2 C.F.R. 200.319(a)or as specifically authorized by USDOJ. 2.Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3.Allowable costs To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the reasonable,necessary,and allocable costs(if any)of actions designed to ensure compliance with this condition. 4.Rules of construction A.The term"associate of the federal government"means any person or entity engaged or employed(in the past or at present)by or on behalf of the federal government--as an employee,contractor or subcontractor(at any tier),grant recipient or-subrecipient(at any tier),agent,or otherwise--in undertaking any work,project,or activity for or on behalf of(or in providing goods or services to or on behalf of)the federal government,and includes any applicant for such employment or engagement,and any person or entity committed by legal instrument to undertake any such work, project,or activity(or to provide such goods or services)in future. B.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,or any person or other entity,to violate any federal law,including any applicable civil rights or nondiscrimination law. Department of Justice(DOJ) Office of Justice Programs AWARD CONTINUATION °. Office of Juvenile Justice and SHEET PAGE 9 OF 18 •'"` Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2018-MC-FX-KO65 AWARD DATE SPECIAL CONDITIONS 14. Requirements pertaining to prohibited conduct related to trafficking in persons(including reporting requirements and OJP authority to terminate award) The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements(including requirements to report allegations)pertaining to prohibited conduct related to the trafficking of persons,whether on the part of recipients,subrecipients("subgrantees"),or individuals defined(for purposes of this condition)as"employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm(Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons(including reporting requirements and ON authority to terminate award)),and are incorporated by reference here. 15. Determination of suitability to interact with participating minors SCOPE.This condition applies to this award if it is indicated--in the application for the award(as approved by DOJ)(or in the application for any subaward,at any tier),the DOJ funding announcement(solicitation),or an associated federal statute--that a purpose of some or all of the activities to be carried out under the award(whether by the recipient,or a subrecipient at any tier)is to benefit a set of individuals under 18 years of age. The recipient,and any subrecipient at any tier,must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the ON web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required,in advance,for certain individuals who may interact with participating minors),and are incorporated by reference here. 16. Compliance with applicable rules regarding approval,planning,and reporting of conferences,meetings,trainings,and other events The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable laws,regulations, policies,and official DOJ guidance(including specific cost limits,prior approval and reporting requirements,where applicable)governing the use of federal funds for expenses related to conferences(as that term is defined by DOJ), including the provision of food and/or beverages at such conferences,and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide(currently,as section 3.10 of"Postaward Requirements"in the"DOJ Grants Financial Guide"). 17. Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to ON in the manner(including within the timeframes)specified by ON in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act(GPRA)and the GPRA Modernization Act of 2010,and other applicable laws. 18. OJP Training Guiding Principles Any training or training materials that the recipient--or any subrecipient("subgrantee")at any tier--develops or delivers with ON award funds must adhere to the ON Training Guiding Principles for Grantees and Subgrantees, available at https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm. Department of Justice(DOJ) Office of Justice Programs AWARD CONTINUATION °. Office of Juvenile Justice and SHEET PAGE 10 OF 18 •'"` Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2018-MC-FX-KO65 AWARD DATE SPECIAL CONDITIONS 19. Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency(OJP or OVW,as appropriate)may withhold award funds,or may impose other related requirements,if(as determined by the DOJ awarding agency)the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements(or by the terms of this award),or other outstanding issues that arise in connection with audits, investigations,or reviews of DOJ awards. 20. Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW,as appropriate)during the period of performance for this award,if the recipient is designated as"high- risk"for purposes of the DOJ high-risk grantee list. 21. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R Part 42 The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28 C.F.R.Part 42,specifically including any applicable requirements in Subpart E of 28 C.F.R.Part 42 that relate to an equal employment opportunity program. 22. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R Part 54 The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28 C.F.R.Part 54,which relates to nondiscrimination on the basis of sex in certain"education programs." 23. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R Part 38 The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28 C.F.R.Part 38(as may be applicable from time to time),specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Currently,among other things,28 C.F.R Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion,a religious belief,a refusal to hold a religious belief,or refusal to attend or participate in a religious practice. Part 38,currently,also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee")organizations that engage in or conduct explicitly religious activities,as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations. The text of 28 C.F.R.Part 38 is available via the Electronic Code of Federal Regulations(currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse),by browsing to Title 28-Judicial Administration,Chapter 1,Part 38,under e-CFR"current"data. Department of Justice(DOJ) Office of Justice Programs AWARD CONTINUATION a. Office of Juvenile Justice and SHEET PAGE a OF 18 •'"` Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2018-MC-FX-KO65 AWARD DATE SPECIAL CONDITIONS 24. Restrictions on"lobbying" In general,as a matter of federal law,federal funds awarded by ON may not be used by the recipient,or any subrecipient("subgrantee")at any tier,either directly or indirectly,to support or oppose the enactment,repeal, modification,or adoption of any law,regulation,or policy,at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by ON from being used by the recipient,or any subrecipient at any tier,to pay any person to influence(or attempt to influence)a federal agency,a Member of Congress,or Congress(or an official or employee of any of them)with respect to the awarding of a federal grant or cooperative agreement,subgrant,contract,subcontract,or loan,or with respect to actions such as renewing,extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply,including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient(or subrecipient)would or might fall within the scope of these prohibitions,the recipient is to contact ON for guidance,and may not proceed without the express prior written approval of OJP. 25. Compliance with general appropriations-law restrictions on the use of federal funds(FY 2020)The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes.Pertinent restrictions that may be set out in applicable appropriations acts are indicated at https://ojp.gov/funding/Explore/FY2OAppropriationsRestrictions.htm,and are incorporated by reference here.Should a question arise as to whether a particular use of federal funds by a recipient(or a subrecipient)would or might fall within the scope of an appropriations-law restriction,the recipient is to contact ON for guidance,and may not proceed without the express prior written approval of OJP. 26. Reporting potential fraud,waste,and abuse,and similar misconduct The recipient,and any subrecipients("subgrantees")at any tier,must promptly refer to the DOJ Office of the Inspector General(OIG)any credible evidence that a principal,employee,agent,subrecipient,contractor,subcontractor,or other person has,in connection with funds under this award--(1)submitted a claim that violates the False Claims Act;or(2) committed a criminal or civil violation of laws pertaining to fraud,conflict of interest,bribery,gratuity,or similar misconduct. Potential fraud,waste,abuse,or misconduct involving or relating to funds under this award should be reported to the OIG by--(1)online submission accessible via the OIG webpage at https://oigjustice.gov/hotline/contact-grants.htrn (select"Submit Report Online");(2)mail directed to:U.S.Department of Justice,Office of the Inspector General, Investigations Division,ATTN: Grantee Reporting,950 Pennsylvania Ave.,NW,Washington,DC 20530;and/or(3)by facsimile directed to the DOJ OIG Investigations Division(Attn:Grantee Reporting)at(202)616-9881 (fax). Additional information is available from the DOJ OIG website at https://oigjustice.gov/hotline. Department of Justice(DOJ) Office of Justice Programs AWARD CONTINUATION a. Office of Juvenile Justice and SHEET PAGE 12 OF 18 •'"` Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2018-MC-FX-KO65 AWARD DATE SPECIAL CONDITIONS 27. Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient("subgrantee")under this award,or entity that receives a procurement contract or subcontract with any funds under this award,may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts,or purports to prohibit or restrict,the reporting(in accordance with law)of waste,fraud,or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended,and shall not be understood by the agency making this award,to contravene requirements applicable to Standard Form 312(which relates to classified information),Form 4414(which relates to sensitive compartmented information),or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award,the recipient-- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or contractors from reporting waste,fraud,or abuse as described above;and b. certifies that,if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud, or abuse as described above,it will immediately stop any further obligations of award funds,will provide prompt written notification to the federal agency making this award,and will resume(or permit resumption of)such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards("subgrants"),procurement contracts,or both-- a. it represents that-- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward("subgrant"),procurement contract,or subcontract under a procurement contract)either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or contractors from reporting waste, fraud,or abuse as described above;and (2) it has made appropriate inquiry,or otherwise has an adequate factual basis,to support this representation;and b. it certifies that,if it learns or is notified that any subrecipient,contractor,or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud,or abuse as described above,it will immediately stop any further obligations of award funds to or by that entity,will provide prompt written notification to the federal agency making this award,and will resume(or permit resumption of)such obligations only if expressly authorized to do so by that agency. Department of Justice(DOJ) Office of Justice Programs AWARD CONTINUATION °. Office of Juvenile Justice and SHEET PAGE 13 OF 18 •'"` Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2018-MC-FX-KO65 AWARD DATE SPECIAL CONDITIONS 28. Compliance with 41 U.S.C.4712(including prohibitions on reprisal;notice to employees) The recipient(and any subrecipient at any tier)must comply with,and is subject to,all applicable provisions of 41 U.S.C.4712,including all applicable provisions that prohibit,under specified circumstances,discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant,a gross waste of federal funds,an abuse of authority relating to a federal grant,a substantial and specific danger to public health or safety,or a violation of law,rule,or regulation related to a federal grant. The recipient also must inform its employees,in writing(and in the predominant native language of the workforce),of employee rights and remedies under 41 U.S.C.4712. Should a question arise as to the applicability of the provisions of 41 U.S.C.4712 to this award,the recipient is to contact the DOJ awarding agency(OJP or OVW,as appropriate)for guidance. 29. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513,"Federal Leadership on Reducing Text Messaging While Driving,"74 Fed.Reg. 51225(October 1,2009),DOJ encourages recipients and subrecipients("subgrantees")to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award,and to establish workplace safety policies and conduct education,awareness,and other outreach to decrease crashes caused by distracted drivers. 30. Requirement to disclose whether recipient is designated"high risk"by a federal grant-making agency outside of DOJ If the recipient is designated"high risk"by a federal grant-making agency outside of DOJ,currently or at any time during the course of the period of performance under this award,the recipient must disclose that fact and certain related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure,high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance,or other programmatic or financial concerns with the recipient.The recipient's disclosure must include the following: 1.The federal awarding agency that currently designates the recipient high risk,2.The date the recipient was designated high risk,3.The high-risk point of contact at that federal awarding agency(name,phone number,and email address),and 4.The reasons for the high-risk status,as set out by the federal awarding agency. 31. Prior to the expenditure of confidential funds,the recipient and any subrecipients agree to sign a certification that the recipient(or the subrecipient,as applicable)has read,understands,and agrees to abide by all of the conditions pertaining to confidential fund expenditures set forth in the DOJ Grants Financial Guide. 32. ICAC Annual Reports The recipient agrees to submit annual reports to ON that set forth the following: (A)The number of law enforcement agencies participating in Internet crimes against children program standards established by the task force. (B)Staffing levels of the task force,including the number of investigators,prosecutors, education specialists,and forensic specialists dedicated to investigating and prosecuting Internet crimes against children. 33. The recipient agrees to forward reports of ICAC Task Force Program Monthly Performance Measures to the OJJDP- designated site. 34. The recipient agrees to comply with the OJJDP approved ICAC Task Force Operational and Investigative Standards Department of Justice(DOJ) Office of Justice Programs AWARD CONTINUATION a. Office of Juvenile Justice and SHEET PAGE 14 OF 18 •'"` Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2018-MC-FX-KO65 AWARD DATE SPECIAL CONDITIONS 35. Copyright;Data rights The recipient acknowledges that ON reserves a royalty-free,non-exclusive,and irrevocable license to reproduce, publish,or otherwise use,and authorize others to use(in whole or in part,including in connection with derivative works),for Federal purposes:(1)any work subject to copyright developed under an award or subaward(at any tier); and(2)any rights of copyright to which a recipient or subrecipient(at any tier)purchases ownership with Federal support. The recipient acknowledges that ON has the right to(1)obtain,reproduce,publish,or otherwise use the data first produced under any such award or subaward;and(2)authorize others to receive,reproduce,publish,or otherwise use such data for Federal purposes. "Data"includes data as defined in Federal Acquisition Regulation(FAR)provision 52.227-14(Rights in Data-General). It is the responsibility of the recipient(and of each subrecipient(at any tier),if applicable)to ensure that the provisions of this condition are included in any subaward(at any tier)under this award. The recipient has the responsibility to obtain from subrecipients,contractors,and subcontractors(if any)all rights and data necessary to fulfill the recipient's obligations to the Government under this award. If a proposed subrecipient, contractor,or subcontractor refuses to accept terms affording the Government such rights,the recipient shall promptly bring such refusal to the attention of the ON program manager for the award and not proceed with the agreement in question without further authorization from the ON program office. 36. FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first-tier subawards("subgrants")of$25,000 or more and,in certain circumstances,to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients(first-tier"subgrantees")of award funds. The details of recipient obligations,which derive from the Federal Funding Accountability and Transparency Act of 2006(FFATA),are posted on the ON web site at https://ojp.gov/funding/Explore/FFATA.htm(Award condition:Reporting Subawards and Executive Compensation),and are incorporated by reference here. This condition,including its reporting requirement,does not apply to--(1)an award of less than$25,000,or(2)an award made to an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 37. The Project Director and key program personnel designated in the application shall be replaced only for compelling reasons. Successors to key personnel must be approved,and such approval is contingent upon submission of appropriate information,including,but not limited to,a resume. ON will not unreasonably withhold approval. Changes in other program personnel require only notification to ON and submission of resumes,unless otherwise designated in the award document. 38. With respect to this award,federal funds may not be used to pay cash compensation(salary plus bonuses)to any employee of the award recipient at a rate that exceeds 110%of the maximum annual salary payable to a member of the federal government's Senior Executive Service(SES)at an agency with a Certified SES Performance Appraisal System for that year. (An award recipient may compensate an employee at a higher rate,provided the amount in excess of this compensation limitation is paid with non-federal funds.) This limitation on compensation rates allowable under this award may be waived on an individual basis at the discretion of the OJP official indicated in the program announcement under which this award is made. Department of Justice(DOJ) ` Office of Justice Programs AWARD CONTINUATION Office of Juvenile Justice and SHEET PAGE 15 OF 18 �" '• Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2018-MC-FX-KO65 AWARD DATE SPECIAL CONDITIONS 39. The recipient agrees to submit a fmal report at the end of this award documenting all relevant project activities during the entire period of support under this award.This report will include detailed information about the project(s)funded, including,but not limited to,information about how the funds were actually used for each purpose area,data to support statements of progress,and data concerning individual results and outcomes of funded projects reflecting project successes and impacts.The fmal report is due no later than 90 days following the close of this award period or the expiration of any extension periods.This report will be submitted to the Office of Justice Programs,on-line through the Internet at https://grants.ojp.usdoj.gov/. 40. The recipient shall submit semiannual progress reports. Progress reports shall be submitted within 30 days after the end of the reporting periods,which are June 30 and December 31,for the life of the award. These reports will be submitted to the Office of Justice Programs,on-line through the Internet at https://grants.ojp.usdoj.gov/. Department of Justice(DOJ) Office of Justice Programs AWARD CONTINUATION a. Office of Juvenile Justice and SHEET PAGE 16 OF 18 •'"` Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2018-MC-FX-KO65 AWARD DATE SPECIAL CONDITIONS 41. Within 45 calendar days after the end of any conference,meeting,retreat,seminar,symposium,training activity,or similar event funded under this award,and the total cost of which exceeds$20,000 in award funds,the recipient must provide the program manager with the following information and itemized costs: 1)name of event; 2)event dates; 3)location of event; 4)number of federal attendees; 5)number of non-federal attendees; 6)costs of event space,including rooms for break-out sessions; 7)costs of audio visual services; 8)other equipment costs(e.g.,computer fees,telephone fees); 9)costs of printing and distribution; 10)costs of meals provided during the event; 11)costs of refreshments provided during the event; 12)costs of event planner; 13)costs of event facilitators;and 14)any other costs associated with the event. The recipient must also itemize and report any of the following attendee(including participants,presenters,speakers) costs that are paid or reimbursed with cooperative agreement funds: 1)meals and incidental expenses(M&IE portion of per diem); 2)lodging; 3)transportation to/from event location(e.g.,common carrier,Privately Owned Vehicle(POV));and, 4)local transportation(e.g.,rental car,POV)at event location. Note that if any item is paid for with registration fees,or any other non-award funding,then that portion of the expense does not need to be reported. Further instructions regarding the submission of this data,and how to determine costs,are available in the OR Financial Guide Conference Cost Chapter. Department of Justice(DOJ) Office of Justice Programs AWARD CONTINUATION a. Office of Juvenile Justice and SHEET PAGE 17 OF 18 •'"` Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2018-MC-FX-KO65 AWARD DATE SPECIAL CONDITIONS 42. Any Web site that is funded in whole or in part under this award must include the following statement on the home page,on all major entry pages(i.e.,pages(exclusive of documents)whose primary purpose is to navigate the user to interior content),and on any pages from which a visitor may access or use a Web-based service,including any pages that provide results or outputs from the service: "This Web site is funded[insert"in part,"if applicable]through a grant from the[insert name of ON component], Office of Justice Programs,U.S.Department of Justice. Neither the U.S.Department of Justice nor any of its components operate,control,are responsible for,or necessarily endorse,this Web site(including,without limitation,its content,technical infrastructure,and policies,and any services or tools provided)." The full text of the foregoing statement must be clearly visible on the home page. On other pages,the statement may be included through a link,entitled"Notice of Federal Funding and Federal Disclaimer,"to the full text of the statement. 43. Recipient integrity and performance matters: Requirement to report information on certain civil,criminal,and administrative proceedings to SAM and FAPHS The recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal,and administrative proceedings connected with(or connected to the performance of)either this ON award or any other grant,cooperative agreement,or procurement contract from the federal government. Under certain circumstances,recipients of ON awards are required to report information about such proceedings,through the federal System for Award Management(known as"SAM"),to the designated federal integrity and performance system (currently,"FAPHS"). The details of recipient obligations regarding the required reporting(and updating)of information on certain civil, criminal,and administrative proceedings to the federal designated integrity and performance system(currently, "FAPHS")within SAM are posted on the ON web site at https://ojp.gov/fimding/FA-PHS.htrn(Award condition: Recipient Integrity and Performance Matters,including Recipient Reporting to FAPHS),and are incorporated by reference here. 44. The recipient shall submit to OJJDP a copy of all interim and fmal reports and proposed publications(including those prepared for conferences,journals,and other presentations)resulting from this award,for review and comment prior to publishing. Any publication produced with grant funds must contain the following statement: "This project was supported by Grant#()awarded by the Office of Juvenile Justice and Delinquency Prevention,Office of Justice Programs,U.S.Department of Justice.The opinions,findings,and conclusions or recommendations expressed in this publication/program/exhibition are those of the author(s)and do not necessarily reflect those of the Department of Justice. All reports and products may be required to display the OJJDP logo on the cover(or other location)with the agreement of OJJDP. OJJDP defines publications as any planned,written,visual or sound materials substantively based on the project,formally prepared by the award recipient for dissemination to the public. 45. Cooperating with ON Monitoring The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines,protocols,and procedures,and to cooperate with ON(including the grant manager for this award and the Office of Chief Financial Officer(OCFO))requests related to such monitoring,including requests related to desk reviews and/or site visits. The recipient agrees to provide to ON all documentation necessary for OJP to complete its monitoring tasks,including documentation related to any subawards made under this award. Further,the recipient agrees to abide by reasonable deadlines set by ON for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards,including,but not limited to:withholdings and/or other restrictions on the recipient's access to award funds;referral to the DOJ OIG for audit review;designation of the recipient as a DOJ High Risk grantee;or termination of an award(s). Department of Justice(DOJ) ` Office of Justice Programs AWARD CONTINUATION Office of Juvenile Justice and SHEET PAGE 18 OF 18 �" '• Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2018-MC-FX-KO65 AWARD DATE SPECIAL CONDITIONS 46. Statement of Federal Involvement: Due to the substantial Federal involvement contemplated in completion of this project,the Office of Juvenile Justice and Delinquency Prevention(OJJDP)has elected to enter into a cooperative agreement rather than a grant. This decision is based on ON and OJJDP's ongoing responsibility to assist and coordinate projects that relate to the funded activities. ON and OJJDP will provide input and re-direction to the project,as needed,in consultation with the recipient,and will actively monitor the project by methods including,but not limited to,ongoing contact with the recipient. In meeting programmatic responsibilities,OJP,OJJDP,and the recipient will be guided by the following principles: responsibility for the day-to-day operations of this project rests with the recipient in implementation of the recipient's approved proposal,the recipient's approved budget,and the terms and conditions specified in this award. Responsibility for general oversight and redirection of the project,if necessary,rests with OJJDP. In addition to its programmatic reporting requirements,the recipient agrees to provide necessary information as requested by ON and OJJDP. Information requests may include,but are not limited to,specific submissions related to:performance, including measurement of project outputs/outcomes;meeting performance specifications;developmental decision points;changes in project scope or personnel;budget modifications;and/or coordination of related projects. 47. Justification of consultant rate Approval of this award does not indicate approval of any consultant rate in excess of$650 per day.A detailed justification must be submitted to and approved by the ON program office prior to obligation or expenditure of such funds. Department of Justice(DOJ) Office of Justice Programs b!A Office of Juvenile Justice and Delinquency Prevention Washington,D.C. 20531 Memorandum To: Official Grant File From: Lou Ann Holland, OJJDP NEPA Coordinator Subject: Categorical Exclusion for Texas Office of the Attorney General This award is made as part of the Internet Crimes Against Children Task Force Program. Awards under this program will be used to support State and local law enforcement agencies to maintain and expand State and regional task forces to address technology-facilitated child exploitation.None of the following activities will be conducted either under this award or a related third party action: 1)New construction; 2)Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including property(a)listed on or eligible for listing on the National Register of Historic Places, or(b) located within a 100-year flood plain, a wetland, or habitat for an endangered species; 3)A renovation which will change the basic prior use of a facility or significantly change its size; 4)Research and technology whose anticipated and future application could be expected to have an effect on the environment; or 5)Implementation of a program involving the use of chemicals, other than chemicals that are (a)purchased as an incidental component of a funded activity and(b)traditionally used, for example, in office,household,recreational, or education environments. Additionally,the proposed action is neither a phase nor a segment of a project which when reviewed in its entirety would not meet the criteria for a categorical exclusion. Consequently,the subject federal action meets OJP's criteria for a categorical exclusion as contained in paragraph 4(b) of Appendix D to Part 61 of Title 28 of the Code of Federal Regulations. Department of Justice(DOJ) GRANT MANAGER'S MEMORANDUM,PT.I: \ Office of Justice Programs PROJECT SUMMARY Office of Juvenile Justice and aa. Delinquency Prevention Cooperative Agreement PROJECT NUMBER PAGE 1 OF 1 2018-MC-FX-KO65 This project is supported under FY20(OJJDP-MEC-ICAC Task Force-other than TTA or"HERO"veterans employment)Pub.L.No.116-93,133 Stat.2317, 2410 1.STAFF CONTACT(Name&telephone number) 2.PROJECT DIRECTOR(Name,address&telephone number) Lou Ann Holland Amy Britt (202)305-2742 OAG Grants Coordinator PO Box 12548 Austin,TX 78711-2548 (512)936-9936 3a.TITLE OF THE PROGRAM 3b.POMS CODE(SEE INSTRUCTIONS OJJDP FY 20 Internet Crimes Against Children Task Force Invited Applicants ON REVERSE) 4.TITLE OF PROJECT Southern Texas ICAC Task Force Program 5.NAME&ADDRESS OF GRANTEE 6.NAME&ADRESS OF SUBGRANTEE Texas Office of the Attorney General PO Box 12548 Austin,TX 78711-2548 7.PROGRAM PERIOD 8.BUDGET PERIOD FROM: 10/01/2018 TO: 09/30/2021 FROM: 10/01/2018 TO: 09/30/2021 9.AMOUNT OF AWARD 10.DATE OF AWARD $608,000 11.SECOND YEAR'S BUDGET 12.SECOND YEAR'S BUDGET AMOUNT 13.THIRD YEAR'S BUDGET PERIOD 14.THIRD YEAR'S BUDGET AMOUNT 15.SUMMARY DESCRIPTION OF PROJECT(See instruction on reverse) The National Internet Crimes Against Children(ICAC)Task Force Program,consists of state and local law enforcement task forces dedicated to developing effective responses to online enticement of children by sexual predators,child exploitation,and child obscenity and pornography cases.Each State and local task force that is part of the national program shall:1)consist of State and local investigators,prosecutors,forensic specialists,and education specialists who are dedicated to addressing the goals of the task force;2)engage in proactive investigations,forensic examinations,and effective prosecutions of Internet crimes against children;3)provide forensic,preventive,and investigative assistance to parents,educators,prosecutors,law enforcement,and others concerned with Internet crimes against children;4)develop multijurisdictional,multiagency partnerships and responses to Internet crimes against children offenses through ongoing informational, administrative,and technological support to other State and local law enforcement agencies,as a means for such agencies to acquire the necessary knowledge, personnel,and specialized equipment to investigate and prosecute such offenses;5)participate in nationally coordinated investigations in any case in which the Attorney General determines such participation to be necessary,as permitted by the available resources of such task force;6)establish or adopt investigative and OJP FORM 4000/2(REV.4-88) prosecution standards consistent with established norms,to which such task force shall comply;7)investigate,and seek prosecution on tips related to Internet crimes against children,including tips from Operation Fairplay,the National Internet Crimes Against Children Data System,the National Center for Missing and Exploited Children's CyberTipline,ICAC task forces,and other Federal,State,and local agencies,with priority being given to investigate leads that indicate the possibility of identifying or rescuing child victims,including investigative leads that indicate a likelihood of seriousness of offense or dangerousness to the community;8)develop procedures for handling seized evidence for ICAC task force lead agencies and affiliate agencies;9)maintain reports required by OJJDP and other reports and records as determined by the Attorney General;and,10)seek to comply with national standards regarding the investigation and prosecution of Internet crimes against children,as set forth by the Attorney General,to the extent such standards are consistent with the law of the State where the task force is located. The Texas Office of the Attorney General(TX OAG)ICAC Task Force will continue to maintain,expand,and improve the Southern Texas ICAC task force effectiveness in preventing,interdicting,investigating,and prosecuting Internet crimes against children and technology-facilitated child exploitation.ICAC grant- funded personnel are critical in addressing the increased caseload,as well as,providing investigative and forensic assistance to law enforcement in areas where expertise is required.The Texas OAG ICAC Task Force will continue to grow its ICAC affiliate partnerships.The Texas OAG will continue training ICAC and non-ICAC personnel.Emphasis will continue to be on collaborating with law enforcement and local and federal prosecutors to support investigation and prosecution of child predators.Additionally,mental wellness training of investigators,supervisors,and support staff remains a priority to ensure personnel are sufficiently equipped to prevent and mitigate the negative effects associated with conducting investigations involving child pornography.CA/CF Department of Justice(DOJ) Office of Justice Programs Office of Civil Rights Washington,DC 20531 Mr.Jeffrey C.Mateer Texas Office of the Attorney General PO Box 12548 Austin,TX 78711-2548 Dear Mr.Mateer: Congratulations on your recent award. The Office for Civil Rights(OCR),Office of Justice Programs(OJP),U.S.Department of Justice(DOJ)has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP,the Office of Community Oriented Policing Services(COPS),and the Office on Violence Against Women(OVW)are not engaged in discrimination prohibited by law. Several federal civil rights laws,such as Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972,require recipients of federal financial assistance to give assurances that they will comply with those laws. In addition to those civil rights laws,many grant program statutes contain nondiscrimination provisions that require compliance with them as a condition of receiving federal financial assistance. For a complete review of these civil rights laws and nondiscrimination requirements,in connection with ON and other DOJ awards,see https://ojp.gov/funding/Explore/LegalOverview/CivilRightsRequirements.htm Under the delegation of authority,the OCR investigates allegations of discrimination against recipients from individuals,entities,or groups. In addition,the OCR conducts limited compliance reviews and audits based on regulatory criteria. These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a non- discriminatory manner to their service population or have employment practices that meet equal-opportunity standards. If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice system,there are two additional obligations that may apply in connection with the awards: (1)complying with the regulation relating to Equal Employment Opportunity Programs(EEOPs);and(2) submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement,see 28 CFR Part 42, subpart E,and for additional information regarding requirements when there is an adverse finding,see 28 C.F.R. §§42.204(c), .205(c)(5). Please submit information about any adverse finding to the OCR at the above address. We at the OCR are available to help you and your organization meet the civil rights requirements that are associated with ON and other DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance,please do not hesitate to let us know. Sincerely, Michael L.Alston Director cc: Grant Manager Financial Analyst U.S. DEPARTMENT OF JUSTICE CERTIFIED STANDARD ASSURANCES On behalf of the Applicant, and in support of this application for a grant or cooperative agreement, I certify under penalty of perjury to the U.S. Department of Justice ("Department") , that all of the following are true and correct: (1) I have the authority to make the following representations on behalf of myself and the Applicant. I understand that these representations will be relied upon as material in any Department decision to make an award to the Applicant based on its application. (2) I certify that the Applicant has the legal authority to apply for the federal assistance sought by the application, and that it has the institutional, managerial, and financial capability (including funds sufficient to pay any required non-federal share of project costs) to plan, manage, and complete the project described in the application properly. (3) I assure that, throughout the period of performance for the award (if any) made by the Department based on the application-- a. the Applicant will comply with all award requirements and all federal statutes and regulations applicable to the award; b. the Applicant will require all subrecipients to comply with all applicable award requirements and all applicable federal statutes and regulations; and c. the Applicant will maintain safeguards to address and prevent any organizational conflict of interest, and also to prohibit employees from using their positions in any manner that poses, or appears to pose, a personal or financial conflict of interest. (4) The Applicant understands that the federal statutes and regulations applicable to the award (if any) made by the Department based on the application specifically include statutes and regulations pertaining to civil rights and nondiscrimination, and, in addition-- a. the Applicant understands that the applicable statutes pertaining to civil rights will include section 601 of the Civil Rights Act of 1964 (42 U.S.C. § 2000d) ; section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794) ; section 901 of the Education Amendments of 1972 (20 U.S.C. § 1681) ; and section 303 of the Age Discrimination Act of 1975 (42 U.S.C. § 6102) ; b. the Applicant understands that the applicable statutes pertaining to nondiscrimination may include section 809 (c) of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. § 10228 (c) ) ; section 1407 (e) of the Victims of Crime Act of 1984 (34 U.S.C. § 20110 (e) ) ; section 299A(b) of the Juvenile Justice and Delinquency Prevention Act of 2002 (34 U.S.C. § 11182 (b) ) ; and that the grant condition set out at section 40002 (b) (13) of the Violence Against Women Act (34 U.S.C. § 12291 (b) (13) ) , which will apply to all awards made by the Office on Violence Against Women, also may apply to an award made otherwise; c. the Applicant understands that it must require any subrecipient to comply with all such applicable statutes (and associated regulations) ; and d. on behalf of the Applicant, I make the specific assurances set out in 28 C.F.R. §§ 42.105 and 42.204. (5) The Applicant also understands that (in addition to any applicable program-specific regulations and to applicable federal regulations that pertain to civil rights and nondiscrimination) the federal regulations applicable to the award (if any) made by the Department based on the application may include, but are not limited to, 2 C.F.R. Part 2800 (the DOJ "Part 200 Uniform Requirements") and 28 C.F.R. Parts 22 (confidentiality - research and statistical information) , 23 (criminal intelligence systems) , 38 (regarding faith-based or religious organizations participating in federal financial assistance programs) , and 46 (human subjects protection) . (6) I assure that the Applicant will assist the Department as necessary (and will require subrecipients and contractors to assist as necessary) with the Department's compliance with section 106 of the National Historic Preservation Act of 1966 (54 U.S.C. § 306108) , the Archeological and Historical Preservation Act of 1974 (54 U.S.C. §§ 312501-312508) , and the National Environmental Policy Act of 1969 (42 U.S.C. §§ 4321-4335) , and 28 C.F.R. Parts 61 (NEPA) and 63 (floodplains and wetlands) . (7) I assure that the Applicant will give the Department and the Government Accountability Office, through any authorized representative, access to, and opportunity to examine, all paper or electronic records related to the award (if any) made by the Department based on the application. (8) If this application is for an award from the National Institute of Justice or the Bureau of Justice Statistics pursuant to which award funds may be made available (whether by the award directly or by any subaward at any tier) to an institution of higher education (as defined at 34 U.S.C. § 10251 (a) (17) ) , I assure that, if any award funds actually are made available to such an institution, the Applicant will require that, throughout the period of performance-- a. each such institution comply with any requirements that are imposed on it by the First Amendment to the Constitution of the United States; and b. subject to par. a, each such institution comply with its own representations, if any, concerning academic freedom, freedom of inquiry and debate, research independence, and research integrity, at the institution, that are included in promotional materials, in official statements, in formal policies, in applications for grants (including this award application) , for accreditation, or for licensing, or in submissions relating to such grants, accreditation, or licensing, or that otherwise are made or disseminated to students, to faculty, or to the general public. (9) I assure that, if the Applicant is a governmental entity, with respect to the award (if any) made by the Department based on the application-- a. it will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) , which govern the treatment of persons displaced as a result of federal and federally-assisted programs; and b. it will comply with requirements of 5 U.S.C. §§ 1501-1508 and 7324-7328, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. (10) If the Applicant applies for and receives an award from the Office of Community Oriented Policing Services (COPS Office) , I assure that as required by 34 U.S.C. § 10382 (c) (11) , it will, to the extent practicable and consistent with applicable law--including, but not limited to, the Indian Self-Determination and Education Assistance Act--seek, recruit, and hire qualified members of racial and ethnic minority groups and qualified women in order to further effective law enforcement by increasing their ranks within the sworn positions, as provided under 34 U.S.C. § 10382 (c) (11) . (11) If the Applicant applies for and receives a DOJ award under the STOP School Violence Act program, I assure as required by 34 U.S.C. § 10552 (a) (3) , that it will maintain and report such data, records, and information (programmatic and financial) as DOJ may reasonably require. I acknowledge that a materially false, fictitious, or fraudulent statement (or concealment or omission of a material fact) in this certification, or in the application that it supports, may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271- 10273) , and also may subject me and the Applicant to civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. §§ 3729-3730 and 3801-3812) . I also acknowledge that the Department' s awards, including certifications provided in connection with such awards, are subject to review by the Department, including by its Office of the Inspector General. EXHIBIT C Department of Justice(DOJ) Office of Justice Programs Office of Juvenile Justice and PAGE I OF I s f Cooperative Agreement Delinquency Prevention 1.RECIPIENT NAME AND ADDRESS(Including Zip Code) 4.AWARD NUMBER: 2018-MC-FX-K065 Texas Office of the Attorney General PO Box 12548 5.PROJECT PERIOD:FROM 10/01/2018 TO 09/30,2021 Austin,TX 78711-2548 BUDGET PERIOD:FROM 10/01/201a TO 09/30.'2021 6.AWARD DATE 7.ACTION 2a.GRANTEE IRSIVENDOR NO, 8.SUPPLEMENT NUMBER Supplemental 746000057 02 2b.GRANTEE DUNS NO. 806780789 9.PREVIOUS AWARD AMOUNT S 1,124,411 3.PROJECT TITLE 10.AMOUNT OF THIS AWARD $608,000 Southem Texas ICAC Task Force Program 11.TOTAL AWARD $ 1,732,411 12.SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13.STATUTORY AUTHORITY FOR GRANT This project is supported under FY20(OJJDP-MEC-ICAC Task Force-other than TTA or"HERO"veterans employment)Pub.L.No,116-93,133 Stat, 2317,2410 14.CATALOG OF DOMESTIC FEDERAL ASSISTANCE(CFDA Number) 16.543-Missing Children's Assistance 15.METHOD OF PAYMENT GPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16.TYPED NAME AND TITLE OF APPROVING OFFICIAL 18.TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Katharine T.Sullivan Jeffry C.Matoer Principal Deputy Assistant Attorney General 17.SIGNATURE OF APPROVING OFFICIAL 19.SIGNATURE OF AUTFIORIZED RI;C IPIENT OFF]CIAL 19A.DATE AGENCY USE ONLY 20.ACCOUNTING CLASSIFICATION CODES2I. TMCTGT0068 FISCAL FUND BUD, DIV, YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X F MC 70 00 OD 6080D0 OJP FORM 4000/2(REV.5-87)PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000(2(REV.4-88) Department of Justice(DOJ) Office of Justice Programs AWARD CONTINUATION a. Office of Juvenile Justice and SHEET PAGE 2 OF 18 •'"` Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2018-MC-FX-KO65 AWARD DATE SPECIAL CONDITIONS 1. Requirements of the award;remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award.Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. Limited Exceptions.In certain special circumstances,the U.S.Department of Justice("DOJ")may determine that it will not enforce,or enforce only in part,one or more requirements otherwise applicable to the award.Any such exceptions regarding enforcement,including any such exceptions made during the period of performance,are(or will be during the period of performance)set out through the Office of Justice Programs("OJP")webpage entitled"Legal Notices: Special circumstances as to particular award conditions"(ojp.gov/funding/Explore/LegalNotices-AwardRegts.htm),and incorporated by reference into the award. By signing and accepting this award on behalf of the recipient,the authorized recipient official accepts all material requirements of the award,and specifically adopts,as if personally executed by the authorized recipient official,all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance. Failure to comply with one or more award requirements--whether a condition set out in full below,a condition incorporated by reference below,or an assurance or certification related to conduct during the award period--may result in OJP taking appropriate action with respect to the recipient and the award.Among other things,the ON may withhold award funds,disallow costs,or suspend or terminate the award.DOJ,including OJP,also may take other legal action as appropriate. Any materially false,fictitious,or fraudulent statement to the federal government related to this award(or concealment or omission of a material fact)may be the subject of criminal prosecution(including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273),and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise(including under 31 U.S.C.3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms,that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law.Should it be held,instead,that the provision is utterly invalid or-unenforceable,such provision shall be deemed severable from this award. Department of Justice(DOJ) Office of Justice Programs AWARD CONTINUATION °. Office of Juvenile Justice and SHEET PAGE 3 OF 18 •'"` Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2018-MC-FX-KO65 AWARD DATE SPECIAL CONDITIONS 2. Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements,Cost Principles,and Audit Requirements in 2 C.F.R.Part 200,as adopted and supplemented by DOJ in 2 C.F.R.Part 2800(together,the"Part 200 Uniform Requirements")apply to this FY 2020 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26,2014. If this FY 2020 award supplements funds previously awarded by ON under the same award number(e.g.,funds awarded during or before December 2014),the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date,and regardless of whether derived from the initial award or a supplemental award)that are obligated on or after the acceptance date of this FY 2020 award. For more information and resources on the Part 200 Uniform Requirements as they relate to ON awards and subawards ("subgrants"),see the ON website at https://ojp.gov/funding/Part200UnifonnRequirements.htm. Record retention and access: Records pertinent to the award that the recipient(and any subrecipient("subgrantee")at any tier)must retain--typically for a period of 3 years from the date of submission of the final expenditure report(SF 425),unless a different retention period applies--and to which the recipient(and any subrecipient("subgrantee")at any tier)must provide access,include performance measurement information,in addition to the financial records, supporting documents,statistical records,and other pertinent records indicated at 2 C.F.R.200.333. In the event that an award-related question arises from documents or other materials prepared or distributed by ON that may appear to conflict with,or differ in some way from,the provisions of the Part 200 Uniform Requirements,the recipient is to contact ON promptly for clarification. 3. Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the ON website (currently,the"DOJ Grants Financial Guide"available at https://ojp.gov/financialguide/DOJ/index.htm),including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide. 4. Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1,2017,various statutory provisions previously codified elsewhere in the U.S.Code were editorially reclassified(that is,moved and renumbered)to a new Title 34,entitled"Crime Control and Law Enforcement."The reclassification encompassed a number of statutory provisions pertinent to ON awards(that is,ON grants and cooperative agreements),including many provisions previously codified in Title 42 of the U.S.Code. Effective as of September 1,2017,any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S.Code is to be read as a reference to that statutory provision as reclassified to Title 34.This rule of construction specifically includes references set out in award conditions,references set out in material incorporated by reference through award conditions,and references set out in other award requirements. Department of Justice(DOJ) ` Office of Justice Programs AWARD CONTINUATION Office of Juvenile Justice and SHEET PAGE 4 OF 18 �" '• Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2018-MC-FX-KO65 AWARD DATE SPECIAL CONDITIONS 5. Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact(POC)and all Financial Points of Contact(FPOCs)for this award must have successfully completed an"OJP financial management and grant administration training"by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1,2018,will satisfy this condition. In the event that either the POC or an FPOC for this award changes during the period of performance,the new POC or FPOC must have successfully completed an"OJP financial management and grant administration training"by 120 calendar days after--(1)the date of OJP's approval of the"Change Grantee Contact"GAN(in the case of a new POC),or(2)the date the POC enters information on the new FPOC in GMS(in the case of a new FPOC). Successful completion of such a training on or after January 1,2018,will satisfy this condition. A list of ON trainings that ON will consider"OJP financial management and grant administration training"for purposes of this condition is available at https://www.ojp.gov/training/fints.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that ON will immediately withhold("freeze")award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead ON to impose additional appropriate conditions on this award. 6. Requirements related to"de minimis"indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the"de minimis" indirect cost rate described in 2 C.F.R.200.414(f),and that elects to use the"de minimis"indirect cost rate,must advise OJP in writing of both its eligibility and its election,and must comply with all associated requirements in the Part 200 Uniform Requirements. The"de minimis"rate may be applied only to modified total direct costs(MTDC)as defined by the Part 200 Uniform Requirements. 7. Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds,or if the recipient receives any other award of federal funds during the period of performance for this award,the recipient promptly must determine whether funds from any of those other federal awards have been,are being,or are to be used(in whole or in part)for one or more of the identical cost items for which funds are provided under this award. If so,the recipient must promptly notify the DOJ awarding agency(OJP or OVW,as appropriate)in writing of the potential duplication,and,if so requested by the DOJ awarding agency,must seek a budget-modification or change-of-project-scope grant adjustment notice(GAN)to eliminate any inappropriate duplication of funding. Department of Justice(DOJ) ` Office of Justice Programs AWARD CONTINUATION Office of Juvenile Justice and SHEET PAGE 5 OF 18 �" '• Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2018-MC-FX-KO65 AWARD DATE SPECIAL CONDITIONS 8. Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management(SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards("subgrants")to first-tier subrecipients (first-tier"subgrantees"),including restrictions on subawards to entities that do not acquire and provide(to the recipient)the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the ON web site at https://ojp.gov/funding/Explore/SAM.htm(Award condition: System for Award Management(SAM)and Universal Identifier Requirements),and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit organization that he or she may own or operate in his or her name). Department of Justice(DOJ) ` Office of Justice Programs AWARD CONTINUATION Office of Juvenile Justice and SHEET PAGE 6 OF 18 �" '• Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2018-MC-FX-KO65 AWARD DATE SPECIAL CONDITIONS 9. Employment eligibility verification for hiring under the award 1.The recipient(and any subrecipient at any tier)must-- A.Ensure that,as part of the hiring process for any position within the United States that is or will be funded(in whole or in part)with award funds,the recipient(or any subrecipient)properly verifies the employment eligibility of the individual who is being hired,consistent with the provisions of 8 U.S.C. 1324a(a)(1)and(2). B.Notify all persons associated with the recipient(or any subrecipient)who are or will be involved in activities under this award of both-- (1)this award requirement for verification of employment eligibility,and (2)the associated provisions in 8 U.S.C. 1324a(a)(1)and(2)that,generally speaking,make it unlawful,in the United States,to hire(or recruit for employment)certain aliens. C.Provide training(to the extent necessary)to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1)and(2). D.As part of the recordkeeping for the award(including pursuant to the Part 200 Uniform Requirements),maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements,as well as records of all pertinent notifications and trainings. 2.Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3.Allowable costs To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the reasonable,necessary,and allocable costs(if any)of actions designed to ensure compliance with this condition. 4.Rules of construction A.Staff involved in the hiring process For purposes of this condition,persons"who are or will be involved in activities under this award"specifically includes (without limitation)any and all recipient(or any subrecipient)officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded(in whole or in part)with award funds. B.Employment eligibility confirmation with E-Verify For purposes of satisfying the requirement of this condition regarding verification of employment eligibility,the recipient(or any subrecipient)may choose to participate in,and use,E-Verify(www.e-verify.gov),provided an appropriate person authorized to act on behalf of the recipient(or subrecipient)uses E-Verify(and follows the proper E-Verify procedures,including in the event of a"Tentative Nonconfirmation"or a"Final Nonconfirmation")to confirm employment eligibility for each hiring for a position in the United States that is or will be funded(in whole or in part)with award funds. C."United States"specifically includes the District of Columbia,Puerto Rico,Guam,the Virgin Islands of the United States,and the Commonwealth of the Northern Mariana Islands. D.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,or Department of Justice(DOJ) Office of Justice Programs AWARD CONTINUATION °. Office of Juvenile Justice and SHEET PAGE 7 OF 18 •'"` Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2018-MC-FX-KO65 AWARD DATE SPECIAL CONDITIONS any person or other entity,to violate any federal law,including any applicable civil rights or nondiscrimination law. E.Nothing in this condition,including in paragraph 4.B.,shall be understood to relieve any recipient,any subrecipient at any tier,or any person or other entity,of any obligation otherwise imposed by law,including 8 U.S.C. 1324a(a)(1) and(2). Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website(https://www.e-verify.govo or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents can email E- Verify at E-VerifyEmployerAgent@dhs.gov. Questions about the meaning or scope of this condition should be directed to OJP,before award acceptance. 10. Requirement to report actual or imminent breach of personally identifiable information(PII) The recipient(and any"subrecipient"at any tier)must have written procedures in place to respond in the event of an actual or imminent"breach"(OMB M-17-12)if it(or a subrecipient)--(1)creates,collects,uses,processes,stores, maintains,disseminates,discloses,or disposes of"personally identifiable information(PH)"(2 CFR 200.79)within the scope of an ON grant-funded program or activity,or(2)uses or operates a"Federal information system"(OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PH to an ON Program Manager no later than 24 hours after an occurrence of an actual breach,or the detection of an imminent breach. 11. All subawards("subgrants")must have specific federal authorization The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that--for purposes of federal grants administrative requirements--ON considers a"subaward"(and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the ON web site at https://ojp.gov/funding/Explore/SubawardAuthorization.htm(Award condition: All subawards("subgrants")must have specific federal authorization),and are incorporated by reference here. 12. Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed$250,000 The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold(currently,$250,000). This condition applies to agreements that--for purposes of federal grants administrative requirements--ON considers a procurement"contract"(and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an ON award are posted on the ON web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed$250,000)),and are incorporated by reference here. Department of Justice(DOJ) Office of Justice Programs AWARD CONTINUATION °. Office of Juvenile Justice and SHEET PAGE 8 OF 18 •'"` Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2018-MC-FX-KO65 AWARD DATE SPECIAL CONDITIONS 13. Unreasonable restrictions on competition under the award;association with federal government SCOPE.This condition applies with respect to any procurement of property or services that is funded(in whole or in part)by this award,whether by the recipient or by any subrecipient at any tier,and regardless of the dollar amount of the purchase or acquisition,the method of procurement,or the nature of any legal instrument used.The provisions of this condition must be among those included in any subaward(at any tier). 1.No discrimination,in procurement transactions,against associates of the federal government Consistent with the(DOJ)Part 200 Uniform Requirements--including as set out at 2 C.F.R.200.300(requiring awards to be"manage[d]and administer[ed]in a manner so as to ensure that Federal funding is expended and associated programs are implemented in full accordance with U.S.statutory and public policy requirements")and 200.319(a)(generally requiring"[a]ll procurement transactions[to]be conducted in a manner providing full and open competition"and forbidding practices"restrictive of competition,"such as"[p]lacing unreasonable requirements on firms in order for them to qualify to do business"and taking"[a]ny arbitrary action in the procurement process")--no recipient(or subrecipient,at any tier)may(in any procurement transaction)discriminate against any person or entity on the basis of such person or entity's status as an"associate of the federal government"(or on the basis of such person or entity's status as a parent,affiliate,or subsidiary of such an associate),except as expressly set out in 2 C.F.R. 200.319(a)or as specifically authorized by USDOJ. 2.Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3.Allowable costs To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the reasonable,necessary,and allocable costs(if any)of actions designed to ensure compliance with this condition. 4.Rules of construction A.The term"associate of the federal government"means any person or entity engaged or employed(in the past or at present)by or on behalf of the federal government--as an employee,contractor or subcontractor(at any tier),grant recipient or-subrecipient(at any tier),agent,or otherwise--in undertaking any work,project,or activity for or on behalf of(or in providing goods or services to or on behalf of)the federal government,and includes any applicant for such employment or engagement,and any person or entity committed by legal instrument to undertake any such work, project,or activity(or to provide such goods or services)in future. B.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,or any person or other entity,to violate any federal law,including any applicable civil rights or nondiscrimination law. Department of Justice(DOJ) Office of Justice Programs AWARD CONTINUATION °. Office of Juvenile Justice and SHEET PAGE 9 OF 18 •'"` Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2018-MC-FX-KO65 AWARD DATE SPECIAL CONDITIONS 14. Requirements pertaining to prohibited conduct related to trafficking in persons(including reporting requirements and OJP authority to terminate award) The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements(including requirements to report allegations)pertaining to prohibited conduct related to the trafficking of persons,whether on the part of recipients,subrecipients("subgrantees"),or individuals defined(for purposes of this condition)as"employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm(Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons(including reporting requirements and ON authority to terminate award)),and are incorporated by reference here. 15. Determination of suitability to interact with participating minors SCOPE.This condition applies to this award if it is indicated--in the application for the award(as approved by DOJ)(or in the application for any subaward,at any tier),the DOJ funding announcement(solicitation),or an associated federal statute--that a purpose of some or all of the activities to be carried out under the award(whether by the recipient,or a subrecipient at any tier)is to benefit a set of individuals under 18 years of age. The recipient,and any subrecipient at any tier,must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the ON web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required,in advance,for certain individuals who may interact with participating minors),and are incorporated by reference here. 16. Compliance with applicable rules regarding approval,planning,and reporting of conferences,meetings,trainings,and other events The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable laws,regulations, policies,and official DOJ guidance(including specific cost limits,prior approval and reporting requirements,where applicable)governing the use of federal funds for expenses related to conferences(as that term is defined by DOJ), including the provision of food and/or beverages at such conferences,and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide(currently,as section 3.10 of"Postaward Requirements"in the"DOJ Grants Financial Guide"). 17. Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to ON in the manner(including within the timeframes)specified by ON in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act(GPRA)and the GPRA Modernization Act of 2010,and other applicable laws. 18. OJP Training Guiding Principles Any training or training materials that the recipient--or any subrecipient("subgrantee")at any tier--develops or delivers with ON award funds must adhere to the ON Training Guiding Principles for Grantees and Subgrantees, available at https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm. Department of Justice(DOJ) Office of Justice Programs AWARD CONTINUATION °. Office of Juvenile Justice and SHEET PAGE 10 OF 18 •'"` Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2018-MC-FX-KO65 AWARD DATE SPECIAL CONDITIONS 19. Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency(OJP or OVW,as appropriate)may withhold award funds,or may impose other related requirements,if(as determined by the DOJ awarding agency)the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements(or by the terms of this award),or other outstanding issues that arise in connection with audits, investigations,or reviews of DOJ awards. 20. Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW,as appropriate)during the period of performance for this award,if the recipient is designated as"high- risk"for purposes of the DOJ high-risk grantee list. 21. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R Part 42 The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28 C.F.R.Part 42,specifically including any applicable requirements in Subpart E of 28 C.F.R.Part 42 that relate to an equal employment opportunity program. 22. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R Part 54 The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28 C.F.R.Part 54,which relates to nondiscrimination on the basis of sex in certain"education programs." 23. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R Part 38 The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28 C.F.R.Part 38(as may be applicable from time to time),specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Currently,among other things,28 C.F.R Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion,a religious belief,a refusal to hold a religious belief,or refusal to attend or participate in a religious practice. Part 38,currently,also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee")organizations that engage in or conduct explicitly religious activities,as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations. The text of 28 C.F.R.Part 38 is available via the Electronic Code of Federal Regulations(currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse),by browsing to Title 28-Judicial Administration,Chapter 1,Part 38,under e-CFR"current"data. Department of Justice(DOJ) Office of Justice Programs AWARD CONTINUATION a. Office of Juvenile Justice and SHEET PAGE a OF 18 •'"` Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2018-MC-FX-KO65 AWARD DATE SPECIAL CONDITIONS 24. Restrictions on"lobbying" In general,as a matter of federal law,federal funds awarded by ON may not be used by the recipient,or any subrecipient("subgrantee")at any tier,either directly or indirectly,to support or oppose the enactment,repeal, modification,or adoption of any law,regulation,or policy,at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by ON from being used by the recipient,or any subrecipient at any tier,to pay any person to influence(or attempt to influence)a federal agency,a Member of Congress,or Congress(or an official or employee of any of them)with respect to the awarding of a federal grant or cooperative agreement,subgrant,contract,subcontract,or loan,or with respect to actions such as renewing,extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply,including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient(or subrecipient)would or might fall within the scope of these prohibitions,the recipient is to contact ON for guidance,and may not proceed without the express prior written approval of OJP. 25. Compliance with general appropriations-law restrictions on the use of federal funds(FY 2020)The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes.Pertinent restrictions that may be set out in applicable appropriations acts are indicated at https://ojp.gov/funding/Explore/FY2OAppropriationsRestrictions.htm,and are incorporated by reference here.Should a question arise as to whether a particular use of federal funds by a recipient(or a subrecipient)would or might fall within the scope of an appropriations-law restriction,the recipient is to contact ON for guidance,and may not proceed without the express prior written approval of OJP. 26. Reporting potential fraud,waste,and abuse,and similar misconduct The recipient,and any subrecipients("subgrantees")at any tier,must promptly refer to the DOJ Office of the Inspector General(OIG)any credible evidence that a principal,employee,agent,subrecipient,contractor,subcontractor,or other person has,in connection with funds under this award--(1)submitted a claim that violates the False Claims Act;or(2) committed a criminal or civil violation of laws pertaining to fraud,conflict of interest,bribery,gratuity,or similar misconduct. Potential fraud,waste,abuse,or misconduct involving or relating to funds under this award should be reported to the OIG by--(1)online submission accessible via the OIG webpage at https://oigjustice.gov/hotline/contact-grants.htrn (select"Submit Report Online");(2)mail directed to:U.S.Department of Justice,Office of the Inspector General, Investigations Division,ATTN: Grantee Reporting,950 Pennsylvania Ave.,NW,Washington,DC 20530;and/or(3)by facsimile directed to the DOJ OIG Investigations Division(Attn:Grantee Reporting)at(202)616-9881 (fax). Additional information is available from the DOJ OIG website at https://oigjustice.gov/hotline. Department of Justice(DOJ) Office of Justice Programs AWARD CONTINUATION a. Office of Juvenile Justice and SHEET PAGE 12 OF 18 •'"` Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2018-MC-FX-KO65 AWARD DATE SPECIAL CONDITIONS 27. Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient("subgrantee")under this award,or entity that receives a procurement contract or subcontract with any funds under this award,may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts,or purports to prohibit or restrict,the reporting(in accordance with law)of waste,fraud,or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended,and shall not be understood by the agency making this award,to contravene requirements applicable to Standard Form 312(which relates to classified information),Form 4414(which relates to sensitive compartmented information),or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award,the recipient-- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or contractors from reporting waste,fraud,or abuse as described above;and b. certifies that,if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud, or abuse as described above,it will immediately stop any further obligations of award funds,will provide prompt written notification to the federal agency making this award,and will resume(or permit resumption of)such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards("subgrants"),procurement contracts,or both-- a. it represents that-- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward("subgrant"),procurement contract,or subcontract under a procurement contract)either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or contractors from reporting waste, fraud,or abuse as described above;and (2) it has made appropriate inquiry,or otherwise has an adequate factual basis,to support this representation;and b. it certifies that,if it learns or is notified that any subrecipient,contractor,or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud,or abuse as described above,it will immediately stop any further obligations of award funds to or by that entity,will provide prompt written notification to the federal agency making this award,and will resume(or permit resumption of)such obligations only if expressly authorized to do so by that agency. Department of Justice(DOJ) Office of Justice Programs AWARD CONTINUATION °. Office of Juvenile Justice and SHEET PAGE 13 OF 18 •'"` Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2018-MC-FX-KO65 AWARD DATE SPECIAL CONDITIONS 28. Compliance with 41 U.S.C.4712(including prohibitions on reprisal;notice to employees) The recipient(and any subrecipient at any tier)must comply with,and is subject to,all applicable provisions of 41 U.S.C.4712,including all applicable provisions that prohibit,under specified circumstances,discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant,a gross waste of federal funds,an abuse of authority relating to a federal grant,a substantial and specific danger to public health or safety,or a violation of law,rule,or regulation related to a federal grant. The recipient also must inform its employees,in writing(and in the predominant native language of the workforce),of employee rights and remedies under 41 U.S.C.4712. Should a question arise as to the applicability of the provisions of 41 U.S.C.4712 to this award,the recipient is to contact the DOJ awarding agency(OJP or OVW,as appropriate)for guidance. 29. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513,"Federal Leadership on Reducing Text Messaging While Driving,"74 Fed.Reg. 51225(October 1,2009),DOJ encourages recipients and subrecipients("subgrantees")to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award,and to establish workplace safety policies and conduct education,awareness,and other outreach to decrease crashes caused by distracted drivers. 30. Requirement to disclose whether recipient is designated"high risk"by a federal grant-making agency outside of DOJ If the recipient is designated"high risk"by a federal grant-making agency outside of DOJ,currently or at any time during the course of the period of performance under this award,the recipient must disclose that fact and certain related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure,high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance,or other programmatic or financial concerns with the recipient.The recipient's disclosure must include the following: 1.The federal awarding agency that currently designates the recipient high risk,2.The date the recipient was designated high risk,3.The high-risk point of contact at that federal awarding agency(name,phone number,and email address),and 4.The reasons for the high-risk status,as set out by the federal awarding agency. 31. Prior to the expenditure of confidential funds,the recipient and any subrecipients agree to sign a certification that the recipient(or the subrecipient,as applicable)has read,understands,and agrees to abide by all of the conditions pertaining to confidential fund expenditures set forth in the DOJ Grants Financial Guide. 32. ICAC Annual Reports The recipient agrees to submit annual reports to ON that set forth the following: (A)The number of law enforcement agencies participating in Internet crimes against children program standards established by the task force. (B)Staffing levels of the task force,including the number of investigators,prosecutors, education specialists,and forensic specialists dedicated to investigating and prosecuting Internet crimes against children. 33. The recipient agrees to forward reports of ICAC Task Force Program Monthly Performance Measures to the OJJDP- designated site. 34. The recipient agrees to comply with the OJJDP approved ICAC Task Force Operational and Investigative Standards Department of Justice(DOJ) Office of Justice Programs AWARD CONTINUATION a. Office of Juvenile Justice and SHEET PAGE 14 OF 18 •'"` Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2018-MC-FX-KO65 AWARD DATE SPECIAL CONDITIONS 35. Copyright;Data rights The recipient acknowledges that ON reserves a royalty-free,non-exclusive,and irrevocable license to reproduce, publish,or otherwise use,and authorize others to use(in whole or in part,including in connection with derivative works),for Federal purposes:(1)any work subject to copyright developed under an award or subaward(at any tier); and(2)any rights of copyright to which a recipient or subrecipient(at any tier)purchases ownership with Federal support. The recipient acknowledges that ON has the right to(1)obtain,reproduce,publish,or otherwise use the data first produced under any such award or subaward;and(2)authorize others to receive,reproduce,publish,or otherwise use such data for Federal purposes. "Data"includes data as defined in Federal Acquisition Regulation(FAR)provision 52.227-14(Rights in Data-General). It is the responsibility of the recipient(and of each subrecipient(at any tier),if applicable)to ensure that the provisions of this condition are included in any subaward(at any tier)under this award. The recipient has the responsibility to obtain from subrecipients,contractors,and subcontractors(if any)all rights and data necessary to fulfill the recipient's obligations to the Government under this award. If a proposed subrecipient, contractor,or subcontractor refuses to accept terms affording the Government such rights,the recipient shall promptly bring such refusal to the attention of the ON program manager for the award and not proceed with the agreement in question without further authorization from the ON program office. 36. FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first-tier subawards("subgrants")of$25,000 or more and,in certain circumstances,to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients(first-tier"subgrantees")of award funds. The details of recipient obligations,which derive from the Federal Funding Accountability and Transparency Act of 2006(FFATA),are posted on the ON web site at https://ojp.gov/funding/Explore/FFATA.htm(Award condition:Reporting Subawards and Executive Compensation),and are incorporated by reference here. This condition,including its reporting requirement,does not apply to--(1)an award of less than$25,000,or(2)an award made to an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 37. The Project Director and key program personnel designated in the application shall be replaced only for compelling reasons. Successors to key personnel must be approved,and such approval is contingent upon submission of appropriate information,including,but not limited to,a resume. ON will not unreasonably withhold approval. Changes in other program personnel require only notification to ON and submission of resumes,unless otherwise designated in the award document. 38. With respect to this award,federal funds may not be used to pay cash compensation(salary plus bonuses)to any employee of the award recipient at a rate that exceeds 110%of the maximum annual salary payable to a member of the federal government's Senior Executive Service(SES)at an agency with a Certified SES Performance Appraisal System for that year. (An award recipient may compensate an employee at a higher rate,provided the amount in excess of this compensation limitation is paid with non-federal funds.) This limitation on compensation rates allowable under this award may be waived on an individual basis at the discretion of the OJP official indicated in the program announcement under which this award is made. Department of Justice(DOJ) ` Office of Justice Programs AWARD CONTINUATION Office of Juvenile Justice and SHEET PAGE 15 OF 18 �" '• Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2018-MC-FX-KO65 AWARD DATE SPECIAL CONDITIONS 39. The recipient agrees to submit a fmal report at the end of this award documenting all relevant project activities during the entire period of support under this award.This report will include detailed information about the project(s)funded, including,but not limited to,information about how the funds were actually used for each purpose area,data to support statements of progress,and data concerning individual results and outcomes of funded projects reflecting project successes and impacts.The fmal report is due no later than 90 days following the close of this award period or the expiration of any extension periods.This report will be submitted to the Office of Justice Programs,on-line through the Internet at https://grants.ojp.usdoj.gov/. 40. The recipient shall submit semiannual progress reports. Progress reports shall be submitted within 30 days after the end of the reporting periods,which are June 30 and December 31,for the life of the award. These reports will be submitted to the Office of Justice Programs,on-line through the Internet at https://grants.ojp.usdoj.gov/. Department of Justice(DOJ) Office of Justice Programs AWARD CONTINUATION a. Office of Juvenile Justice and SHEET PAGE 16 OF 18 •'"` Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2018-MC-FX-KO65 AWARD DATE SPECIAL CONDITIONS 41. Within 45 calendar days after the end of any conference,meeting,retreat,seminar,symposium,training activity,or similar event funded under this award,and the total cost of which exceeds$20,000 in award funds,the recipient must provide the program manager with the following information and itemized costs: 1)name of event; 2)event dates; 3)location of event; 4)number of federal attendees; 5)number of non-federal attendees; 6)costs of event space,including rooms for break-out sessions; 7)costs of audio visual services; 8)other equipment costs(e.g.,computer fees,telephone fees); 9)costs of printing and distribution; 10)costs of meals provided during the event; 11)costs of refreshments provided during the event; 12)costs of event planner; 13)costs of event facilitators;and 14)any other costs associated with the event. The recipient must also itemize and report any of the following attendee(including participants,presenters,speakers) costs that are paid or reimbursed with cooperative agreement funds: 1)meals and incidental expenses(M&IE portion of per diem); 2)lodging; 3)transportation to/from event location(e.g.,common carrier,Privately Owned Vehicle(POV));and, 4)local transportation(e.g.,rental car,POV)at event location. Note that if any item is paid for with registration fees,or any other non-award funding,then that portion of the expense does not need to be reported. Further instructions regarding the submission of this data,and how to determine costs,are available in the OR Financial Guide Conference Cost Chapter. Department of Justice(DOJ) Office of Justice Programs AWARD CONTINUATION a. Office of Juvenile Justice and SHEET PAGE 17 OF 18 •'"` Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2018-MC-FX-KO65 AWARD DATE SPECIAL CONDITIONS 42. Any Web site that is funded in whole or in part under this award must include the following statement on the home page,on all major entry pages(i.e.,pages(exclusive of documents)whose primary purpose is to navigate the user to interior content),and on any pages from which a visitor may access or use a Web-based service,including any pages that provide results or outputs from the service: "This Web site is funded[insert"in part,"if applicable]through a grant from the[insert name of ON component], Office of Justice Programs,U.S.Department of Justice. Neither the U.S.Department of Justice nor any of its components operate,control,are responsible for,or necessarily endorse,this Web site(including,without limitation,its content,technical infrastructure,and policies,and any services or tools provided)." The full text of the foregoing statement must be clearly visible on the home page. On other pages,the statement may be included through a link,entitled"Notice of Federal Funding and Federal Disclaimer,"to the full text of the statement. 43. Recipient integrity and performance matters: Requirement to report information on certain civil,criminal,and administrative proceedings to SAM and FAPHS The recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal,and administrative proceedings connected with(or connected to the performance of)either this ON award or any other grant,cooperative agreement,or procurement contract from the federal government. Under certain circumstances,recipients of ON awards are required to report information about such proceedings,through the federal System for Award Management(known as"SAM"),to the designated federal integrity and performance system (currently,"FAPHS"). The details of recipient obligations regarding the required reporting(and updating)of information on certain civil, criminal,and administrative proceedings to the federal designated integrity and performance system(currently, "FAPHS")within SAM are posted on the ON web site at https://ojp.gov/fimding/FA-PHS.htrn(Award condition: Recipient Integrity and Performance Matters,including Recipient Reporting to FAPHS),and are incorporated by reference here. 44. The recipient shall submit to OJJDP a copy of all interim and fmal reports and proposed publications(including those prepared for conferences,journals,and other presentations)resulting from this award,for review and comment prior to publishing. Any publication produced with grant funds must contain the following statement: "This project was supported by Grant#()awarded by the Office of Juvenile Justice and Delinquency Prevention,Office of Justice Programs,U.S.Department of Justice.The opinions,findings,and conclusions or recommendations expressed in this publication/program/exhibition are those of the author(s)and do not necessarily reflect those of the Department of Justice. All reports and products may be required to display the OJJDP logo on the cover(or other location)with the agreement of OJJDP. OJJDP defines publications as any planned,written,visual or sound materials substantively based on the project,formally prepared by the award recipient for dissemination to the public. 45. Cooperating with ON Monitoring The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines,protocols,and procedures,and to cooperate with ON(including the grant manager for this award and the Office of Chief Financial Officer(OCFO))requests related to such monitoring,including requests related to desk reviews and/or site visits. The recipient agrees to provide to ON all documentation necessary for OJP to complete its monitoring tasks,including documentation related to any subawards made under this award. Further,the recipient agrees to abide by reasonable deadlines set by ON for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards,including,but not limited to:withholdings and/or other restrictions on the recipient's access to award funds;referral to the DOJ OIG for audit review;designation of the recipient as a DOJ High Risk grantee;or termination of an award(s). Department of Justice(DOJ) ` Office of Justice Programs AWARD CONTINUATION Office of Juvenile Justice and SHEET PAGE 18 OF 18 �" '• Delinquency Prevention Cooperative Agreement PROJECT NUMBER 2018-MC-FX-KO65 AWARD DATE SPECIAL CONDITIONS 46. Statement of Federal Involvement: Due to the substantial Federal involvement contemplated in completion of this project,the Office of Juvenile Justice and Delinquency Prevention(OJJDP)has elected to enter into a cooperative agreement rather than a grant. This decision is based on ON and OJJDP's ongoing responsibility to assist and coordinate projects that relate to the funded activities. ON and OJJDP will provide input and re-direction to the project,as needed,in consultation with the recipient,and will actively monitor the project by methods including,but not limited to,ongoing contact with the recipient. In meeting programmatic responsibilities,OJP,OJJDP,and the recipient will be guided by the following principles: responsibility for the day-to-day operations of this project rests with the recipient in implementation of the recipient's approved proposal,the recipient's approved budget,and the terms and conditions specified in this award. Responsibility for general oversight and redirection of the project,if necessary,rests with OJJDP. In addition to its programmatic reporting requirements,the recipient agrees to provide necessary information as requested by ON and OJJDP. Information requests may include,but are not limited to,specific submissions related to:performance, including measurement of project outputs/outcomes;meeting performance specifications;developmental decision points;changes in project scope or personnel;budget modifications;and/or coordination of related projects. 47. Justification of consultant rate Approval of this award does not indicate approval of any consultant rate in excess of$650 per day.A detailed justification must be submitted to and approved by the ON program office prior to obligation or expenditure of such funds. Department of Justice(DOJ) Office of Justice Programs _. Office of Juvenile Justice and Delinquency Prevention Washington,D.C. 20531 Memorandum To: Official Grant File From: Lou Ann Holland, OJJDP NEPA Coordinator Subject: Categorical Exclusion for Texas Office of the Attorney General This award is made as part of the Internet Crimes Against Children Task Force Program. Awards under this program will be used to support State and local law enforcement agencies to maintain and expand State and regional task forces to address technology-facilitated child exploitation.None of the following activities will be conducted either under this award or a related third party action: 1)New construction; 2)Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including property(a)listed on or eligible for listing on the National Register of Historic Places, or(b)located within a 100-year flood plain, a wetland, or habitat for an endangered species; 3)A renovation which will change the basic prior use of a facility or significantly change its size;4)Research and technology whose anticipated and future application could be expected to have an effect on the environment; or 5)Implementation of a program involving the use of chemicals, other than chemicals that are(a)purchased as an incidental component of a funded activity and(b)traditionally used, for example, in office,household,recreational, or education environments. Additionally,the proposed action is neither a phase nor a segment of a project which when reviewed in its entirety would not meet the criteria for a categorical exclusion. Consequently,the subject federal action meets OJP's criteria for a categorical exclusion as contained in paragraph 4(b)of Appendix D to Part 61 of Title 28 of the Code of Federal Regulations. Department of Justice(DOJ) GRANT MANAGER'S MEMORANDUM,PT.I: Office of Justice Programs PROJECT SUMMARY Office of Juvenile Justice and Delinquency Prevention Cooperative Agreement PROJECT NUMBER PAGE 1 OF 1 2018-MC-FX-KO65 This project is supported under FY20(OJJDP-MEC-ICAC Task Force-other than TTA or"HERO"veterans employment)Pub.L.No.116-93,133 Stat.2317, 2410 1.STAFF CONTACT(Name&telephone number) 2.PROJECT DIRECTOR(Name,address&telephone number) Lou Ann Holland Amy Britt (202)305-2742 OAG Grants Coordinator PO Box 12548 Austin,TX 78711-2548 (512)936-9936 3a.TITLE OF THE PROGRAM 3b.POMS CODE(SEE INSTRUCTIONS OJJDP FY 20 Internet Crimes Against Children Task Force Invited Applicants ON REVERSE) 4.TITLE OF PROJECT Southern Texas ICAC Task Force Program 5.NAME&ADDRESS OF GRANTEE 6.NAME&ADRESS OF SUBGRANTEE Texas Office of the Attorney General PO Box 12548 Austin,TX 78711-2548 7.PROGRAM PERIOD 8.BUDGET PERIOD FROM: 10/01/2018 TO: 09/30/2021 FROM: 10/01/2018 TO: 09/30/2021 9.AMOUNT OF AWARD 10.DATE OF AWARD $608,000 11.SECOND YEAR'S BUDGET 12.SECOND YEAR'S BUDGET AMOUNT 13.THIRD YEAR'S BUDGET PERIOD 14.THIRD YEAR'S BUDGET AMOUNT 15.SUMMARY DESCRIPTION OF PROJECT(See instruction on reverse) The National Internet Crimes Against Children(ICAC)Task Force Program,consists of state and local law enforcement task forces dedicated to developing effective responses to online enticement of children by sexual predators,child exploitation,and child obscenity and pornography cases.Each State and local task force that is part of the national program shall:1)consist of State and local investigators,prosecutors,forensic specialists,and education specialists who are dedicated to addressing the goals of the task force;2)engage in proactive investigations,forensic examinations,and effective prosecutions of Internet crimes against children;3)provide forensic,preventive,and investigative assistance to parents,educators,prosecutors,law enforcement,and others concerned with Internet crimes against children;4)develop multijurisdictional,multiagency partnerships and responses to Internet crimes against children offenses through ongoing informational, administrative,and technological support to other State and local law enforcement agencies,as a means for such agencies to acquire the necessary knowledge, personnel,and specialized equipment to investigate and prosecute such offenses;5)participate in nationally coordinated investigations in any case in which the Attorney General determines such participation to be necessary,as permitted by the available resources of such task force;6)establish or adopt investigative and OJP FORM 4000/2(REV.4-88) prosecution standards consistent with established norms,to which such task force shall comply;7)investigate,and seek prosecution on tips related to Internet crimes against children,including tips from Operation Fairplay,the National Internet Crimes Against Children Data System,the National Center for Missing and Exploited Children's CyberTipline,ICAC task forces,and other Federal,State,and local agencies,with priority being given to investigate leads that indicate the possibility of identifying or rescuing child victims,including investigative leads that indicate a likelihood of seriousness of offense or dangerousness to the community;8)develop procedures for handling seized evidence for ICAC task force lead agencies and affiliate agencies;9)maintain reports required by OJJDP and other reports and records as determined by the Attorney General;and,10)seek to comply with national standards regarding the investigation and prosecution of Internet crimes against children,as set forth by the Attorney General,to the extent such standards are consistent with the law of the State where the task force is located. The Texas Office of the Attorney General(TX OAG)ICAC Task Force will continue to maintain,expand,and improve the Southern Texas ICAC task force effectiveness in preventing,interdicting,investigating,and prosecuting Internet crimes against children and technology-facilitated child exploitation.ICAC grant- funded personnel are critical in addressing the increased caseload,as well as,providing investigative and forensic assistance to law enforcement in areas where expertise is required.The Texas OAG ICAC Task Force will continue to grow its ICAC affiliate partnerships.The Texas OAG will continue training ICAC and non-ICAC personnel.Emphasis will continue to be on collaborating with law enforcement and local and federal prosecutors to support investigation and prosecution of child predators.Additionally,mental wellness training of investigators,supervisors,and support staff remains a priority to ensure personnel are sufficiently equipped to prevent and mitigate the negative effects associated with conducting investigations involving child pornography.CA/CF DocuSign Envelope ID: EA96D2AD-OE7C-4F68-8B7E-2D9806C8168C Exhibit D Memorandum of Understanding 1991546-01 OAG Contract No. This Memorandum of Understanding ("MOU") is executed between the Parties identified below, for certain Internet Crimes Against Children ("ICAC") Task Force activities. The Parties may be referred to in this contract individually as "Party" or collectively as "Parties." Section 1 Parties Corpus Christi Police Department ("Department") The Office of the Attorney General of Texas ("OAG') Section 2 Mission of the OAG The ICAC Task Force Program, created by the United States Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, ("OJJDP"), is a national network of state and local law enforcement cybercrime units tasked with combating technology-facilitated child exploitation. These task forces work collaboratively as a national network of law enforcement and prosecutorial agencies that prevent, interdict, investigate and prosecute ICAC activities. The ICAC program requires existing task forces to develop multi- jurisdictional, multi-agency responses to such offenses by providing funding and other support to state and local law enforcement agencies as a means to help them acquire the necessary knowledge, personnel, and equipment. This help encompasses investigative and forensic components, training and technical assistance, victim services, and community education. The OAG is designated by the OJJDP as the Regional Contact for the "Texas, Southern ICAC Task Force." The OAG is a recipient of an OJJDP ICAC grant. The OAG utilizes the ICAC grant funds to administer and operate an ICAC Task Force. The mission of the OAG's ICAC Task Force is to: (1) properly investigate and prosecute those who sexually exploit children through the use of the Internet and/or computers; (2) provide training and equipment to those involved in investigating and prosecuting Internet crimes against children, and (3) provide community education regarding the prevention of Internet crimes against children. Section 3 Term of MOU September 1, 2018 This MOU shall be effective on and will continue in effect until September 30, 2021 Section 4 Purpose of the MOU The purpose of this MOU is to formalize the working relationship between the OAG and the Department. This MOU delineates the responsibilities and expectations of the Parties. By signing this MOU, the Department agrees to join the OAG ICAC Task Force for the primary ICAC MOU Page 1 of 4 DocuSign Envelope ID: EA96D2AD-OE7C-4F68-8B7E-2D9806C8168C purpose of vigorously and properly performing ICAC investigations. By joining the OAG ICAC Task Force, the Department will benefit from joint operations and extensive training opportunities. By entering into this MOU, the OAG will benefit from the investigative support by the Department. This MOU cancels and replaces any prior existing ICAC Task Force MOU between the Parties. Section 5 Investigations All ICAC investigations will be conducted only by sworn law enforcement investigators and in a spirit of cooperation with other OAG ICAC Task Force members. Investigations will follow guidelines established by each Party's respective policy manual or guidelines. However, ICAC investigations shall also be governed by the national ICAC program's Operational and Investigative Standards. Violation of the ICAC operational standards is cause for termination of this MOU. This MOU is not intended to infringe on the ongoing investigations of any other agency. It is agreed that unilateral acts on the part of employees involved in ICAC Task Force investigations are not in the best interest of the Task Force. Section 6 Department's Duties and Responsibilities The Department will ensure the following activities: A. Only sworn Department law enforcement personnel will conduct undercover ICAC investigations. Each investigator involved with undercover operations must receive ICAC training prior to initiating proactive investigations and shall submit reports of all undercover activity to the OAG. B. Conduct reactive investigations where subjects are associated with the Department's jurisdiction, including investigations of child pornography, CYBERTIP referrals from the National Center for Missing and Exploited Children, Internet Service Provider and law enforcement referrals, and other ICAC-related investigations. Additional case initiations may develop from subject interviews, documented public sources, direct observations of suspicious behavior,public complaints, or other appropriate sources. C. Record and document all undercover online activity. Any deviations from this policy due to unusual circumstances shall be documented in the relevant case file and reviewed by the ICAC Task Force Program Manager. D. Provide agents assigned to the ICAC Task Force access to all ICAC investigative files including, without limitation, computer records, in order to ensure compliance with all national ICAC standards. E. Locate its ICAC investigators in secured space provided by the Department with controlled access to all equipment, software, and investigative files. At a minimum, ICAC MOU Page 2 of 4 DocuSign Envelope ID: EA96D2AD-OE7C-4F68-8B7E-2D9806C8168C information should be maintained in locked cabinets and under control of the Department ICAC Task Force personnel, with restricted access to authorized personnel only. F. Conduct education and prevention programs to foster awareness and provide practical, relevant guidance to children, parents, educators, librarians, the business and law enforcement communities, and other individuals concerned about Internet child safety issues. Presenters shall not discuss ongoing investigative techniques and undercover operations utilized by the ICAC Task Force. Section 7 Supervision; Compliance with Regulatory and Licensing Bodies The Department will be responsible for the day-to-day operational supervision, administrative control, and personal and professional conduct of its officers and agents assigned to the Task Force. ICAC investigations are a cooperative effort and investigative decisions will be a joint process guided by ICAC standards. The Department agrees that it has obtained all licenses, certifications, permits and authorizations necessary to perform the responsibilities of this MOU. The Department agrees to comply with all applicable licenses, legal certifications, inspections, and any other applicable local ordinance, state, or federal laws. Section 8 No Employment Relationship with the OAG; Liability The Department expressly agrees that there is no employment relationship between the Department and the OAG. Under no circumstances shall any owners, incorporators, officers, directors, employees, or volunteers of the Department be considered an employee, agent, servant, or partner of, or part of any joint venture or joint enterprise with, the OAG. To the extent allowed by law, the Department is responsible for all types of claims whatsoever due to their own actions or performance under this MOU, including, but not limited to, the use of automobiles (or other transportation), taken by its owners, incorporators, officers, directors, employees, volunteers or any third parties. Section 9 Reporting Statistics Using the reporting form provided by the OAG, the Department shall submit monthly statistics to the OAG on all ICAC investigations or other investigative work pertaining to the sexual exploitation of children via the Internet. These statistics shall be submitted in the appropriate format by the tenth (10th) calendar day of each month, and shall include data on all related investigations opened or closed during the month, as well as forensic examinations, technical/investigative assistance provided to other agencies, subpoenas and court orders issued, training hours attended and taught, and community outreach provided. In addition, the Department shall provide detail reporting on the basic case data for each sexual exploitation of a minor (child pornography) case, and/or criminal solicitation of a minor (enticement/traveler) case investigated by the Department. The OAG will then be responsible for all required reporting to OJJDP. ICAC MOU Page 3 of 4 DocuSign Envelope ID: EA96D2AD-OE7C-4F68-8B7E-2D9806C8168C Section 10 Training The Department shall make investigators designated as ICAC Task Force members available for applicable specialized training provided through the national ICAC program and other appropriate training programs. The Department will support the on-going training needs of its investigators to maintain their competency and currency. Section 11 Confidentiality It is understood that any confidential information pertaining to ICAC investigations will be held in the strictest confidence, and will only be shared with participating OAG ICAC Task Force members or other law enforcement agencies where necessary or as otherwise permitted by federal and/or state law. Section 12 Termination of MOU Either Party, at its sole discretion, may terminate this MOU for convenience upon written notice to the other Party at least thirty (30) calendar days in advance of the effective date of such termination. The OAG may terminate this MOU for cause for the following reasons that include, but are not limited to, failure of Department to accept and/or investigate cyber tips, failure of Department to report statistics to the OAG, failure of Department to adhere to national ICAC program's Operational and Investigative Standards, or failure of Department to exercise reasonable efforts to support the on-going training needs of its investigators to maintain their competency and currency. Section 13 Signatures The Parties stipulate and agree that the signatories hereto are signing, executing and performing this MOU only in their official capacity. Office of the Attorney General DocuSigned by: DocuSigned by: ral or designee i& Markle Authorized Official ICAC MOU Page 4 of 4 DocuSign Certificate Of Completion Envelope Id: FBC5B5DA1 F2A4562A11 E29DOB092211 C Status: Sent Subject: Please DocuSign: FY 2021 Internet Crimes Against Children(ICAC)Sub-Recipient Grant Contract Template ID: Source Envelope: Document Pages:74 Signatures:0 Envelope Originator: Certificate Pages:7 Initials:0 Joshua Alexander AutoNav: Enabled PO Box 12548 Envelopeld Stamping: Disabled Austin,TX 78711-2548 Time Zone: (UTC-06:00)Central Time(US&Canada) Joshua.Alexander@oag.texas.gov IP Address:204.64.50.212 Record Tracking Status: Original Holder:Joshua Alexander Location: DocuSign 5/13/2021 10:35:30 AM Joshua.Alexander@oag.texas.gov Signer Events Signature Timestamp Denny Asbury Sent:5/13/2021 11:19:59 AM DennyA@cctexas.com Viewed:5/13/2021 1:29:35 PM Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:5/13/2021 1:29:35 PM ID:22581052-faa3-488c-9d24-1e87dcb513a8 Grants-Division Chief Signing Group: Grants-Division Chief Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Criminal Investigations-Division Chief Signing Group: Criminal Investigations-Division Chief Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Financial Litigation-FLD Attorney Review Signing Group: Financial Litigation-FLD Attorney Review Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Financial Litigation and Charitable Trusts-Division Chief Signing Group: Financial Litigation and Charitable Trusts-Division Chief Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Signer Events Signature Timestamp Not Offered via DocuSign Budget Analysts(Non-CS) Signing Group: Budget Analysts(Non-CS) Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Director of Law Enforcement Signing Group: Director of Law Enforcement Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Deputy Attorney General for Criminal Justice Signing Group: Deputy Attorney General for Criminal Justice Security Level: Email,Account Authentication (None) 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 Joshua Alexander joshua.alexander@oag.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign FLD Contracts fldcontracts@oag.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Accounting-DocuSign Contracts ACC_DocuSign_Contracts@oag.texas.gov Signing Group:Accounting-DocuSign Contracts Inbox Security Level: Email,Account Authentication (None) 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 5/13/2021 11:19:59 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on:4/1/2018 4:34:18 PM Parties agreed to: Denny Asbury CONSUMER DISCLOSURE From time to time, Office of the Attorney General (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign, Inc. (DocuSign) electronic signing system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions,please confirm your agreement by clicking the `I agree' button at the bottom of this document. Electronic signature An electronic signature is an electronic identifier, created by a computer, attached to or logically associated with an electronic record, executed or adopted by a person with the intent and with the actual authority to sign the record. Your electronic signature has the same legal force and effect as a manual signature. Your electronic signature constitutes your signature, acceptance, and agreement as if you signed in writing. Security standards DocuSign provides security assurance with enterprise-wide ISO 27001:2013 certification, xDTM compliance, as well as SSAE 16, SOC 1 Type 2, SOC 2 Type 2 reports. DocuSign delivers data confidentiality with application level AES 256 bit encryption. Sending information to and receiving information from us The Public Information Act, chapter 552 of the Texas Government Code, applies to all information we send and receive. The Public Information Act protects information from public disclosure if it is confidential by any law or rule. If we receive a written request for information, the Public Information Act requires us to publicly disclose requested information that is not confidential by law or rule or otherwise excepted from public disclosure. If you receive any information from us in error, you are not authorized to read,print, retain, copy, or disseminate the information. Any information you receive in error may be confidential information that cannot be disclosed without violating the criminal provisions of the Public Information Act or Texas Penal Code section 39.06. If you receive information in error,please immediately send an e-mail to servicedesk@oag.texas.gov to notify us of the error and delete all copies of the information you received. Getting paper copies At any time, you may request from us a paper copy of any record we provided or made available electronically to you through the DocuSign system. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after signing session and, if you elect to create a DocuSign signer account, you may access them for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign `Withdraw Consent' form on the signing page of a DocuSign envelope instead of signing it. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process,please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact Office of the Attorney General You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: servicedesk@oag.texas.gov To advise Office of the Attorney General of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at servicedesk@oag.texas.gov and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address. In addition, you must notify DocuSign, Inc. to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in the DocuSign system. To request paper copies from Office of the Attorney General To request delivery from us of paper copies of the notices and disclosures we previously provided to you electronically, you must send us an e-mail to servicedesk@oag.texas.gov and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with Office of the Attorney General To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to servicedesk@oag.texas.gov and in the body of such request you must state your e-mail, full name, US Postal Address, and telephone number. We do not need any other information from you to withdraw consent. The consequences of your withdrawing consent for online documents will be that transactions may take longer time to process. Required hardware and software Supported DocuSign supports the latest stable release (except where noted) of the Browsers: following browsers: Chrome, Firefox, Safari, Internet Explorer 11+, Windows Edge PDF Reader: JAcrobatg or similar software may be required to view and print PDF files Screen 1024 x 768 minimum (for desktops and laptops Resolution: Allow per session cookies. Users accessing the Internet behind a Proxy Server Enabled must enable HTTP 1.1 settings via proxy connection. Firewall settings must Security allow access to the following server: https://docucdn-a.akamaihd.net. DocuSign Settings: leverages Akamai as a content delivery service to enhance our application's performance. ** These minimum requirements are subject to change. If these requirements change, you will be asked to re-accept the disclosure. Pre-release (e.g. beta)versions of operating systems and browsers are not supported. Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you,please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above,please let us know by clicking the `I agree' button below. By checking the `I agree' box, I confirm that: I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC CONSUMER DISCLOSURES document; and I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and • Until or unless I notify Office of the Attorney General as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by Office of the Attorney General during the course of my relationship with you. 0'� H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting June 15, 2021 DATE: June 15, 2021 TO: Peter Zanoni, City Manager FROM: Robert Rocha, Fire Chief RRocha(a-)-cctexas.com (361) 826-1941 Josh Chronley, Assistant Director of Contracts and Procurement JoshC2(a-)cctexas.com (361) 826-3169 Purchase of Firefighting Clothing for Corpus Christi Fire Department CAPTION: Resolution authorizing a three-year supply agreement with Casco Industries, Inc., from Houston, Texas, in an amount not to exceed $623,556.90, for the purchase of firefighting protective clothing for the City's Fire Department, effective upon issuance of a notice to proceed, with FY 2021 funding in an amount of $16,321.95 available through the General Fund. SUMMARY: This resolution authorizes a purchase of firefighting protective clothing for the City of Corpus Christi Fire Department's (CCFD) 414 total firefighters. Adequate clothing and protection are very important in the protection of firefighters who attend emergency calls. BACKGROUND AND FINDINGS: The Corpus Christi Fire Department has been utilizing globe firefighting protective clothing for the last 39 years. Casco Industries Inc. is the only authorized dealer for Globe firefighting protective clothing for the state of Texas. Globe firefighting protective clothing are specially designed clothing equipped with three layers of protection consisting of an outer shell, a moister barrier, and a thermal liner. This Personal Protective Equipment (PPE) being purchased is referred to as "bunker gear' which are the protective suits that fire fighters wear every time they enter any environment that may be considered an imminent danger to life and health as well as for any response that requires extrication. CCFD currently has 414 firefighters that are issued this gear to accomplish their duties safely and effectively. In addition, CCFD maintains an additional 200 sets of firefighting PPEs to be utilized as "loaners" in the event that issued gear is contaminated or soiled from any toxins or hazardous elements that may be encountered on any given emergency call. This"loaner"gear is necessary because the National Fire Protection Association (NFPA) 1851 standard requires PPE to be laundered after every structure fire. Typically, gear is replaced every seven to 10 years depending on usage and the wear and tear. This inventory allows CCFD to interchange torn or damaged firefighting protective clothing as well. PROCUREMENT DETAIL: This is a sole source procurement. Casco Industries, Inc., Houston, Texas is the exclusive dealer of Globe gear in the State of Texas. Casco Industries has been supplying CCFD's firefighting protective clothing for almost 40 years. ALTERNATIVES: The alternative is not to purchase the clothing to provide to firefighters for attending emergency calls, leaving firefighters vulnerable to serious or even life-threatening injuries. FISCAL IMPACT: The purchase for firefighting protective clothing is a three-year supply agreement with Casco Industries Inc., Houston, TX. The total cost of the three-year agreement equals $623,556.90. The fiscal impact for CCFD in FY 2021 for this supply agreement is $16,321.95. The remaining cost of $607,234.95 will be budgeted through the annual budget process. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 12010 Fire Stations Mission Element: 093 Emergency Response Calls Project # (CIP Only): N/A Account: 540045 Uniform and Protective Clothing Amount: $16,321.95 RECOMMENDATION: Staff recommends approval of this resolution authorizing the purchase of a three-year supply agreement with Casco Industries LLC. for supplying firefighting protective clothing for the City of Corpus Christi Fire Department. LIST OF SUPPORTING DOCUMENTS: Resolution Supply Agreement Pricing Sheet Resolution authorizing a three-year supply agreement with Casco Industries, Inc., from Houston, Texas, in an amount not to exceed $623,556.90, for the purchase of firefighting protective clothing for the City's Fire Department, effective upon issuance of a notice to proceed, with FY 2021 funding in an amount of $16,321.95 available through the General Fund. WHEREAS, Casco Industries, Inc., from Houston, Texas will provide Firefighting Clothing for the Corpus Christi Fire Department (CCFD); 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 preserve of protect the public health and safety of the City's residents; 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; and WHEREAS, there is also a statutory exception for this procurement in Local Government Code, Section 252.022(a) (7) (D), as this purchase is available from only one source due to captive replacement parts or components for equipment. 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 the purchase for Firefighting Clothing from Casco Industries, Inc. from Houston, Texas, for an amount not to exceed $623,556.90. A copy of the agreement will be on file in the Office of the City Secretary. Page 1 of 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 Page 2 of 2 CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION FIREFIGHTING CLOTHING BUYER: DESIRREE ORTIZ SOLE SOURCE Casco Industries, Inc. Houston, Texas ITEM DESCRIPTION COST QUANTITY EXTENDED TOTAL 1 GLO-15757G Coat per Corpus Christi Spec Yr1 $1,237.26 90 $111,353.40 2 GLO-15757G Pant per Corpus Christi Spec Yr1 $939.00 90 $84,510.00 3 Shipping $0.00 0 1 $0.00 TOTAL $195,863.40 ITEM DESCRIPTION COST QUANTITY EXTENDED TOTAL 4 GLO-15757G Coat per Corpus Christi Spec Yr 2 $1,311.50 90 $118,035.00 5 GLO-15757G Pant per Corpus Christi Spec Yr 2 $995.35 90 $89,581.50 6 Shipping $0.00 0 $0.00 TOTAL $207,616.50 ITEM DESCRIPTION COST QUANTITY EXTENDED TOTAL 7 GLO-15757G Coat per Corpus Christi Spec Yr 3 $1,390.20 90 $125,118.00 8 GLO-15757G Pant per Corpus Christi Spec Yr 3 $1,055.10 90 $94,959.00 9 Shipping $0.00 0 $0.00 TOTAL $220,077.00 3 YEAR GRAND TOTAL $623,556.90 DocuSign Envelope ID: 16BA8CO2-CA2A-49C7-8F64-F82C8922EA4D .¢yUs G� 04 � H SUPPLY AGREEMENT NO. 3657 U Firefighting Clothing y'o RP pRAi kO 1$52 THIS Firefighting Clothing Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Casco Industries, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Firefighting Clothing in response to Request for Bid No. Sole Source 3657 ("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 Firefighting Clothing 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. (A) 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 in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. 3. Compensation and Payment. This Agreement is for an amount not to exceed $623,556.90, subject to approved extensions and changes. Paymentwill be made for goods delivered and accepted by the City within 30 days of acceptance, Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form May 20, 2021 DocuSign Envelope ID: 16BA8CO2-CA2A-49C7-8F64-F82C8922EA4D subject to receipt of an acceptable invoice. 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 must 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: Enrique Mireles Fire Department 361-826-8422 enriquem@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. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form May 20, 2021 DocuSign Envelope ID: 16BA8CO2-CA2A-49C7-8F64-F82C8922EA4D 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. 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. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form May 20, 2021 DocuSign Envelope ID: 16BA8CO2-CA2A-49C7-8F64-F82C8922EA4D 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: Enrique Mireles Fire Captain 1501 Holly Road, Corpus Christi, Texas 78417 Phone: 361-826-8422 Fax: N/A IF TO CONTRACTOR: Casco Industries, Inc. Attn: Teri Rutter Secretary/Sales 705 S. 8th, La Porte, TX 77571 Phone: 281-443-0999 Fax: 281-443-0858 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 Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form May 20, 2021 DocuSign Envelope ID: 16BA8CO2-CA2A-49C7-8F64-F82C8922EA4D 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 may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City 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 may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City 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 Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form May 20, 2021 DocuSign Envelope ID: 16BA8CO2-CA2A-49C7-8F64-F82C8922EA4D 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. (SIGNATURE PAGE FOLLOWS) Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form May 20, 2021 DocuSign Envelope ID: 16BA8CO2-CA2A-49C7-8F64-F82C8922EA4D CONTRACTOR Docusigned by: Signature:L�1wt6�� �"1 Raymond Murray Printed Name: Title: Vice-President of Sales & Marketing Date: 5/24/2021 CITY OF CORPUS CHRISTI Josh Chronley 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. Sole Source 3657 Exhibit 2: Contractor's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form May 20, 2021 DocuSign Envelope ID: 16BA8CO2-CA2A-49C7-8F64-F82C8922EA4D Attachment A: Scope of Work SCOPE This specification details design and materials criteria to afford protection to the upper and lower body, excluding head, hands, feet, against adverse environmental effects during structural firefighting. All materials and construction will meet or exceed NFPA Standard #1971 and OSHA for structural fire fighters protective clothing. 1. SIZING In order to ensure that every member of the department can safely perform to the maximum of their ability without extra bulk and without restriction, Jackets and Pants shall be available in all sizes and dimensions as follows: Pants: Gender: Gender specific Men's and Women's pattern Waist: Even sizes Body Shape: Men's: Relaxed and Regular Note: Relaxed is a fuller cut in the hips and thighs, like relaxed jeans. Women's: Relaxed Inseam: Even sizes Jackets: Gender: Gender specific Men's and Women's patterns will be available. Chest: Even sizes Back length: Men's 29", 32", 35", 40" Women's 26", 29" Body Shape: Men's: Straight and Tapered Note: The straight cut offers more fullness at the hips (i.e. jacket sweep) and is recommended when an IH Ready trouser is being specified. Women's: Straight Sleeve: 1 " increments Jackets and Pants available in only one standard shape will not be acceptable. A. OUTER SHELL MATERIAL - JACKETS AND PANTS The outer shell shall be constructed of TENCATE "AGILITYTM" featuring ENFORCETM Technology Kevlar®/PBO/ Nomex® blend material with an Page 1 of 20 DocuSign Envelope ID: 16BA8CO2-CA2A-49C7-8F64-F82C8922EA4D approximate weight of 6.6 oz. per square yard in a twill weave. The shell material must be treated with a durable water-repellent finish that offers resistance to liquid absorption. Color of the garments shall be light gold, dark gold, or black. B. THERMAL INSULATING LINER - JACKET AND PANTS The thermal liner shall be constructed of TENCATE "CALDURA® ELITE SL21 or Titanium SL21"; with an approximate weight of 7.7 oz. per square yard. This thermal liner consists of one layer of 1 .5 oz. and one layer of 2.3 oz. per square yard Nomex®E-89 spunlaced Nomex®/Kevlar® aramid blend, quilt stitched to a Kevlar® filament and FR rayon/para-aramid/nylon inherently wicking Caldura® face cloth or one layer of 1 .5 oz. and one layer of 2.3 oz. per square yard Nomex® E-89TM spunlaced Nomex®/Kevlar® aramid blend, quilt stitched to a Nomex® filament and FR rayon/para- aramid/nylon inherently wicking Titanium® face cloth. . The thermal line shall be attached to the moisture barrier and bound together by bias-cut neoprene coated cotton/polyester around the perimeter. This provides superior abrasion resistance to the less expensive, less durable, "stitch and turn" method. Further mention of "Thermal Line" in this specification shall refer to this section. C. MOISTURE BARRIER - JACKETS AND PANTS The moisture barrier material shall be W.L. GORE CROSSTECH® blackmoisture barrier-Type 2F, which is comprised of a CROSSTECH® membrane laminated to a 3.3 ounce per square yard Nomex® IIIAwoven pajama check substrate. The CROSSTECH® membrane is an enhanced bicomponent membrane comprised of an expanded PTFE (polytetrafluoroethylene, for example Teflon®) matrix having a continuous hydrophilic (i.e. water-loving) and oleophobic (i.e. oil-hating) coating that is impregnated into the matrix. CROSSTECH® moisture barrier seams shall be sealed with GORE-SEAM® tape using a Series 6000 (or higher) GORE-SEAMTM sealing machine to afford comparable bacteriophage penetration resistance performance. Further mention of "Specified Moisture Barrier" in this specification shall refer to this section. D. SEALED MOISTURE BARRIER SEAMS All moisture barrier seams shall be sealed with a minimum one inch wide sealing tape. One side of the tape shall be coated with a heat activated glue adhesive. The adhesive side of the tape shall be oriented toward the moisture barrier seam. The adhesive shall be activated by heat and the sealing tape shall be applied to the moisture barrier seams by means of pressure exerted by rollers for that purpose. E. METHOD OF THERMAL LINER/MOISTURE BARRIER ATTACHMENT FOR JACKETS Page 2 of 20 DocuSign Envelope ID: 16BA8CO2-CA2A-49C7-8F64-F82C8922EA4D AND PANTS The thermal liner and moisture barrier shall be completely removable from the jacket shell. A total of six snap fasteners shall secure the thermal liner/moisture barrier to the outer shell along the length of the neck line under Page 3 of 20 DocuSign Envelope ID: 16BA8CO2-CA2A-49C7-8F64-F82C8922EA4D the top most collar. The top most collar shall be turned under and finished such that the snaps on the collar will not be able to contact the wearers skin. Corresponding snaps shall be installed through a moisture barrier leader measuring an approximate height of 1 .75-2 inches and shall not penetrate through to the outer shell on the backside of the collar. The remainder of the thermal liner/moisture barrier shall be secured with snap fasteners appropriately spaced on each jacket facing and Ara-Shield®snap fasteners at each sleeve end. There shall be one Ara-Shield® snap tabs at the liner sleeve end which shall be colored to correspond with color coded snap tabs on the shell sleeve end for ease of matching the liner system to the outer shell after inspection or cleaning is completed. The thermal liners and moisture barrier shall be completely removable from the pant shell. Nine snap fasteners shall be spaced along the waistband to secure the thermal liner to the shell. The legs of the thermal liner/moisture barrier shall be secured to the shell by means of Ara-Shield® snap fasteners, 2 per leg. The Ara-Shield® snap tabs on the shell shall be color coded to corresponding color coded snap tabs in the liner for ease of matching the liner system to the outer shell after inspection or cleaning is completed. There shall be no hook and loop used to close the liner access opening. F. THERMAL PROTECTIVE PERFORMANCE The assembled garment, consisting of an outer shell, moisture barrier and thermal liner, shall exhibit a TPP (Thermal Protective Performance) rating of not less than 35. G. STITCHING The outer shell shall be assembled using stitch type #301 , #401 , #514, and #516. The thermal liners and moisture barriers shall be assembled using stitch type #301 , #401 , #504, #514, and #516. Major A outer shell structural seams and major B structural liner seams, shall have a minimum of 8 to 10 stitches per inch. All major A seams shall be sewn with ball point needles only. All seams shall be continuously stitched only. 2. JACKET CONSTRUCTION A. BODY The body of the shell and AXTION® liner system shall be constructed of three separate panels consisting of two front panels and one back panel. The body panels shall be shaped so as to provide a tailored fit thereby enhancing body movement and shall be joined together by double stitching with Nomex® thread. One-piece outer shells shall not be acceptable. Page 4 of 20 DocuSign Envelope ID: 16BA8CO2-CA2A-49C7-8F64-F82C8922EA4D B. AXTION® BACK The jacket outer shell shall include inverted pleats to afford enhanced mobility and freedom of movement in addition to that provided by the AXTION® sleeves. The outer shell shall have two inverted pleats (one each side) installed on either side of the back-body panel. The inverted pleats shall begin at the top of each shoulder and extend vertically down the sides of the jacket to the hem. Pleats that do not extend to the hem will not be considered, since they do not provide a true AXTION® back. The moisture barrier and thermal liner layers shall be designed with darts corresponding to the added length in the shell provided by the AXTION® back pleats. The darts are positioned at the shoulder blades, outside of the SCBA straps and work together with the corresponding outer shell pleats in the AXTION® back, providing maximum expansion. The moisture barrier darts will be seam sealed to assure liquid resistance integrity. C. LOGOS The garment brand shall be identified by means of red FR Nomex® thread embroidery on the top of the left collar denoting "GLOBE" as the manufacturer. There shall be a reflective label specific to the garment style, measuring 1 inch wide by 4 inches long, installed on the left packet flap. D. DRAG RESCUE DEVICE (DRD) A Firefighter Drag Rescue Device (DRD) shall be installed in each jacket. The ends of a 1 inch wide strap, constructed of Kevlar® shall be sewn together to form a continuous loop. The strap shall be installed in the jacket between the line system and outer shell such that when properly installed shall loop around each arm. The strap shall be accessed through a portal between the shoulders on the upper back where it is secured in place by an FR strap. The DRD shall be removable for laundering. The access port shall be covered by an outside flap of shell material, designed to fit between the shoulder straps of an SCBA. The flap shall have 3M ScotchliteTm reflective 2 inch Triple Trim sewn to the outside to clearly identify the feature as the DRD flap. The DRD shall not extend beyond the outside flap. This device provides a quickly deployed means of rescuing a downed firefighter. Flimsy, rope-style DRD straps will not be considered. E. LINER ACCESS OPENING (JACKET) The liner system of the jacket shall incorporate an opening at each of the leading edges of the left and right front panels. This opening shall run a minimum of 12 inches along the perimeters for the purpose of inspecting the integrity of the jacket liner system. When installed into the outer shell the Liner Access Opening will be covered and protected by the overlap of the outer shell facing. Page 5 of 20 DocuSign Envelope ID: 16BA8CO2-CA2A-49C7-8F64-F82C8922EA4D F. RETROREFLECTIVE FLUORESCENT TRIM The retroreflective fluorescent trim shall be lime/yellow 3M Scotch liteTmTriple Trim (L/Y borders with silver center). Each jacket shall have an adequate amount of retroreflective fluorescent trim affixed to the outside of the outer shell to meet the requirements of NFPA 1971 and OSHA. The trim shall be in the following widths and shall be High Visibility (HV) style; 3 inch wide stripes - around the bottom of the jacket within approximately 1 inch of the hem, horizontally across the chest area approximately 3 inches below the armpit, around each sleeve below the elbow, around each sleeve above the elbow, across the shoulders on the back approximately 71/2 inches below the neck seam, two vertical stripes on the back (one on each side) beginning at the top of the bottom band of trim and extending up to the bottom of the upper band of trim. G. REINFORCED TRIM STITCHING All reflective trim is secured to the outer shell with Nomex® thread, using a locking chainstitch protected by our exclusive TrimTrax® system. Developed exclusively by Globe Manufacturing Co., LLC. This strip of 3/32 inch strong, durable, flame resistant black Kevlar® cording provides a bed for the stitching along each edge of the retroreflective fluorescent trim surface and affords extra protection for the thread from abrasion. TrimTrax® has been proven to be 5 to 7 times more durable than single or even double rows of stitching, significantly reducing maintenance costs and providing more value and a longer service life. Two rows of stitching used to attach the trim in place of the TrimTrax® shall be considered an unacceptable alternative, since it has been proven that the two rows of stitching have insignificant impact on wear life. All trim ends shall be securely sewn into a seam for a clean finished appearance. H. SEWN ON RETROREFLECTIVE LETTERING Each jacket shall have 2" lime/yellow 3M ScotchliteTM lettering on Row reading: CCFD Each jacket shall have 2" lime/yellow 3M ScotchliteTM lettering on an HLP reading: FF LAST NAME I. HANGING LETTER PATCH (HLP) The hanging letter patch shall be constructed of a double layer of black outer shell material. The letter patch will attach to the rear inside hem of the jacket with a combination of snap fasteners and FR hook & loop fastener tape. Page 6 of 20 DocuSign Envelope ID: 16BA8CO2-CA2A-49C7-8F64-F82C8922EA4D J. COLLAR & FREE HANGING THROAT TAB The collar shall consist of a minimum four-layer construction and be of one- piece design. There shall be two layers of specified moisture barrier material sandwiched in between two layers of outer shell fabric (see Moisture Barrier section). The forward inside ply of moisture barrier shall be sewn to theinside of the collar along the edges only. The multi-layers configuration shall provide protection from water and other hazardous elements, while maintaining thermal protection. The collar shall be a minimum of 3 inches high and graded to chest size. The leading edges of the collar shall extend up evenly from the leading edges of the jacket front body panels so that no gap occurs at the throat area. The collar back layers of outer shell and moisture barrier shall be joined to the body panels with a minimum of two rows of stitching. The collar front layers of outer shell and moisture barrier fabric shall have a series of 6 snap fasteners spaced equidistant to minimize gaps on lower edge of the collar. The top most collar shall be turned under and finished such that the snaps on the collar will not be able to contact the wearer's skin. There shall be 6 corresponding snap fasteners on a moisture barrier leader, which is sewn to the thermal liner system to engage the snaps on the collar. The snaps on the thermal liner system leader will be installed such that they do not penetrate from the outer shell through to the inner layers. This moisture barrier leader on the thermal line system shall be sandwiched between the underside of the top collar shell fabric and moisture barrier material and the bottom collar shell fabric and moisture barrier material so as to reduce the possibility of liner detachment while donning and doffing. The throat tab shall be a scoop type design and constructed of two plies of outer shell material with two center plies of moisture barrier material. The throat tab shall measure not less than 3 inches wide at the center tapering to 2 inches at each end with a total length of approximately 9 inches. The throat tab will be attached to the right side of the collar by a 1 inch wide by 1 inch long piece of Nomex® twill webbing. The throat tab shall be secured in the closed and stowed position with FR hook and loop fastener tape. The FR hook and loop fastener tape shall be oriented to prevent exposure to the environment when the throat tab is in the closed position. Two 1 '/2 inch by 3 inch pieces of FR loop fastener tape shall be sewn vertically to the inside of each of the throat tab. Corresponding pieces of FR hook fastener tape measuring 1 inch by 3 inches shall be sewn horizontally to the leading outside edge of the collar on each side, for attachment and adjustment when in the closed position and wearing a breathing apparatus mask. In order to provide a means of storage for the throat tab when not in use, a 1 inch by 3 inch piece of FR hook fastener tape shall be sewn horizontally to the inside of the throat tab immediately under the 1 '/2 inch by 3 inch pieces of FR loop fastener tape. The collar closure strap shall fold in half for storage with the FR Page 7 of 20 DocuSign Envelope ID: 16BA8CO2-CA2A-49C7-8F64-F82C8922EA4D loop fastener tape engaging the FR hook fastener tape. A hanger loop constructed of a double layer of outer shell material shall be sewn to the top of the collar at the center. K. JACKET FRONT The jacket shall incorporate separate facings to ensure there is no interruption in thermal or moisture protection in the front closure area. The facings shall measure approximately 2 '/2 inches wide, extend from collar to hem, and be double stitched to the underside of the outer shell at the leading edges of the front body panels. A breathable moisture barrier material shall be sewn to the jacket facings and configured such that it is sandwiched between the jacket facing and the inside of the respective body panel. The breathable film side shall face inward to protect it. There shall be wicking barrier constructed of Crosstech® 2F moisture barrier material installed on the front closure system on the left and right side directly below the front facings to ensure continuous protection and overlap. The wicking barrier shall extend no more than a maximum of 3/4" beyond the inner facing and false facing shall be unacceptable. The thermal liner and moisture barrier assembly shall be attached to the jacket facings by means of snap fasteners. L. STORM FLAP A rectangular storm flap measuring approximately 3 inches wide and a minimum of 23 inches long (based on a 32" jacket) shall be centered over the left and right body panels to ensure there is no interruption in thermal or moisture protection in the front of the jacket. The outside storm flap shall be constructed of two plies of outer shell material with a center ply of breathable moisture barrier material. The outside storm flap shall be double stitched to the right side body panel and shall be reinforced at the top and bottom with bar tacks. M. STORM FLAP AND JACKET FRONT CLOSURE SYSTEM The jacket shall be closed by means of a 22 inch size #10 heavy duty high- temp smooth-gliding YKK Vision®zipper on the jacket fronts and FR hook and loop fastener tape on the storm flap. The teeth of the zipper shall be mounted on black Nomex® tape and shall be sewn into the respective jacket fronts. The storm flap shall close over the left and right jacket body panels and shall be secured with FR hook and loop fastener tape. A 1 '/2 inch piece of FR loop fastener tape shall be installed along the leading edge of the storm flap on the underside with four rows of stitching. A corresponding 1 '/2 inch piece of FR hook fastener tape shall be sewn with four rows of stitching to the front body panel and positioned to engage the loop fastener tape when the storm flap is closed over the front of the jacket. Page 8 of 20 DocuSign Envelope ID: 16BA8CO2-CA2A-49C7-8F64-F82C8922EA4D N. CARGOMANDWARMER EXPANSION (BELLOWS) POCKETS Each jacket front body panel shall have a 2 inch deep by 8 inch wide by 8 inch high expansion pocket, double stitched to it and shall be located such that the bottom of the pockets is at the bottom of the jacket for full functionality when used with an SCBA. Retroreflective trim shall run over the bottom of the pockets so as not to interrupt the trim stripe. Two rust resistant metal drain eyelets shall be installed in the bottom of each expansion pocket to facilitate drainage of water. The expansion pocket shall be reinforced with a layer of Kevlar® approximately 5 inches up on the inside pocket. The pocket flaps shall be rectangular in shape, constructed of two layers of outer shell material and shall measure 3 inches deeper than the pocket expansion and '/2 inch wider than the pocket. The upper pocket corners shall be reinforced with proven bar tacks and pocket flaps shall be reinforced with bar tacks. The pocket flaps shall be closed by means of FR hook and loop fastener tape. Two pieces of 1 '/2 inch by 3 inch FR loop fastener tape shall be installed horizontally on the outside of each pocket near the top (one piece on each end) and positioned to engage the hook fastener tape. Additionally, a separate hand warmer pocket compartment will be provided under the expandable cargo pocket. This compartment will be accessed from the rear of the pocket and shall be lined with Nomex® Fleece for warmth and comfort. Shell material linings shall not be considered acceptable. (32" or shorter length) Retroreflective trim shall run over the bottom of the pockets so as not to interrupt the trim stripe. 26" length jacket - standard size pockets are not available, expansion pockets are available in either 2 inch deep by 10 inch wide by 6 inch high or 2 inch deep by 8 inch wide by 6 inches high. O. AXTION® SLEEVES The sleeves shall be of two piece construction and contoured, having an upper and a lower sleeve. Both the under and upper sleeve shall be graded in proportion to the chest size. For unrestricted movement, on the underside of each sleeve there shall be two outward facing pleats located on the front and back portion of the sleeve on the shell and thermal liner. On the moisture barrier, the system will consist of two darts, rather than pleats, to allow added length in the under sleeve. The moisture barrier darts will be seam sealed to assure liquid resistance integrity. The pleats shall expand in response to upper arm movement and shall fold in on themselves when the arms are at rest. This expansion shall allow for greater multi-directional mobility and flexibility in the shoulder and arm areas, Page 9 of 20 DocuSign Envelope ID: 16BA8CO2-CA2A-49C7-8F64-F82C8922EA4D with little restriction or jacket rise. Neither stove-pipe nor raglan-style sleeve designs will be considered acceptable. P. SLEEVE CUFF REINFORCEMENTS The sleeve cuffs shall be reinforced with a layer of black Dragonhide® material. The cuff reinforcements shall not be less than 2 inches in width and folded in half, approximately one half inside and one half outside the sleeve end for greater strength and abrasion resistance. The cuff reinforcement shall be double stitched to the sleeve end; a single row of stitching shall be considered unacceptable. This independent cuff provides an additional layer of protection as compared to a turned and stitched cuff. Jackets finished with a turned and stitched cuff do not provide the same level of abrasion resistance and will be considered unacceptable. Q. WRISTLETS/ELASTICIZED ADJUSTABLE SLEEVE WELLS Each jacket shall be equipped with Nomex® hand and wrist guards not less than 7 inches in length and of double thickness. A separate thumbhole with an approximate diameter of 2 inches shall be recessed approximately 1 inch from the leading edge. Nomex® knit is constructed of 96% Nomex® and 4% spandex for shape retention. The color of the wristlets shall be grey. The wristlets shall be sewn to the end of the liner sleeves. Flame resistant neoprene coated cotton/polyester material shall be sewn to the inside of the sleeve shell approximately 5 inches from the sleeve end and extending toward the cuff forming the sleeve well. The neoprene sleeve well shall form an elasticized cuff end with an FR hook and loop fastener tape tab providing a snug fit at the wrist and covering the knit wristlet. This sleeve well configuration serves to prevent water and other hazardous elements from entering the sleeves when the arms are raised. The neoprene material shall also line the inside of the sleeve shell from the cuff to a point approximately 5 inches back, where it joins the sleeve well and is double stitched to the shell. Four Ara-Shield® snap tabs will be sewn into the juncture of the sleeve well and wristlet. The tabs will be spaced equidistant from each other and shall be fitted with female snap fasteners to accommodate corresponding male snaps in the liner sleeves. One of the Ara-Shield® snap tabs shall be a different color in the liner to correspond with color coded snap tabs for ease of matching the liner system to the outer shell after inspection or cleaning is completed. This configuration will ensure there is no interruption in protection between the sleeve liner and wristlet. R. LINER ELBOW THERMAL ENHANCEMENT An additional layer of thermal liner material shall be sewn to the elbowarea of the liner system for added protection at contact points and increased thermal insulation in this high compression area. The elbow thermal Page 10 of 20 DocuSign Envelope ID: 16BA8CO2-CA2A-49C7-8F64-F82C8922EA4D enhancement layers shall be sandwiched between the thermal liner and moisture barrier layers of the liner system and shall be stitched to the thermal liner layer only. Finished dimension shall be approximately 5 inches by 8 inches. All edges shall be finished by means of overedging. Raw or unfinished edges shall be considered unacceptable. Thermal scraps shall not be substituted for full-cut fabric padding. S. LINER SHOULDER AND UPPER BACK THERMAL ENHANCEMENT A minimum of one additional layer of thermal liner material shall be used to increase thermal insulation in the upper back, front and shoulder area of the liner system. This full-cut thermal enhancement layer shall drape over the top of each shoulder extending from the collar to the sleeve/shoulder seam, down the front approximately 5 inches from the juncture of the collar down the back to a depth of approximately 5 3/4 inches to provide greater CCHR protection in this high compression area. The upper back, front and shoulder thermal enhancement layers shall be sandwiched between the thermal liner and moisture barrier layers of the liner system and shall be stitched to the thermal liner layer only. The thermal enhancement layer shall have finished edges by means of overedging. Raw or unfinished edges, shall be considered unacceptable. Thermal scraps shall not be substituted for full- cut fabric padding. Smaller CCHR reinforcement shall not be considered acceptable since they provide far less area of coverage. T. RADIO POCKET Each jacket shall have a pocket designed for the storage of a portable radio. This pocket shall be of box type construction, double stitched to the jacket and shall have one drainage eyelet in the bottom of the pocket. The pocket flap shall be constructed of two layers of outer shell material measuring approximately 3 inches longer than the depth of the pocketand '/4 inch wider than the pocket. The pocket flap shall be closed by means of FR hook and loop fastener tape. A 1 '/2 inch by 3 inch piece of FR hook fastener tape shall be installed on the inside of the pocket flap beginning at the center of the bottom of the flap. A 1 '/2 inch by 3 inch piece of FR loop fastener tape shall be installed horizontally on the outside of the pocket near the top center and positioned to engage the hook fastener tape. In addition, the entire inside of the pocket shall be lined with neoprene coated cotton/polyester material to ensure that the radio is protected from the elements. The impermeable barrier material shall also be sandwiched between the two layers of outer shell material in the pocket flap for added protection. The radio pocket shall measure approximately 3 inches deep by 3.5 inches wide by 9 inches high and shall be installed on the left chest. U. MICROPHONE STRAPS Straps shall be constructed to hold a microphone for a portable radio. They Page 11 of 20 DocuSign Envelope ID: 16BA8CO2-CA2A-49C7-8F64-F82C8922EA4D shall be sewn to the jacket at the ends only and shall be constructed of double layer outer shell material. The size of the microphone strap shall be 1 inch x 3 inches. The microphone straps shall be mounted in the following locations: • 1-Horizontally above the radio pocket • 1-Horizontally three inches from the top of the storm flap 3. PANT CONSTRUCTION A. BODY The body of the shell shall be constructed of four separate body panels consisting of two front panels. The body panels shall be shaped so as to provide a tailored fit, thereby enhancing body movement and shall be joined together by double stitching with Nomex® thread. The body panels and seam lengths shall be graded to size to assure accurate fit in a broad range of sizes. The front body panels will be wider than the rear panels will be wider than the rear body panels to provide more fullness over the knee area. This is accomplished by rolling the side leg seams (inside and outside) to the rear of the pant leg beginning at the knee. The slight taper will prevent premature wear of the side seams by pushing them back and away from the primary high abrasion areas encountered on the sides of the lower legs. B. AXTION® SEAT The rise of the rear pant center back seam, including gusset if any, from the top back of the waistband to where it intersects the inside leg seams at the crotch shall exceed the rise at the front of the pant by 8 inches. The longer rear center back seam provides added length in the seat for mobility without restriction when stepping up, kneeling, or crawling and maintains proper alignment of the knee, without twisting, directly over the knee pads when kneeling and crawling. C. LINER ACCESS OPENING (PANT) The thermal liner and moisture barrier layers of the pant liner system shall be constructed in such a way as to allow an access opening for interior inspection, service and replacement. The thermal liner and moisture barrier layers shall be stitched together for security and prevention of inadvertent use of one layer without the other. The liner system shall have a reinforcement of black Nomex® twill material sewn to the bottom of the fly opening. This reinforcement will serve to prevent the liner from tearing in that area from the constant donning and doffing of the pants. The liner system of the pant shall incorporate an opening along the back of the waistline for ease in inspecting the inner layers and to facilitate performing the complete Page 12 of 20 DocuSign Envelope ID: 16BA8CO2-CA2A-49C7-8F64-F82C8922EA4D Liner Inspection. The thermal liner and moisture barrier shall be individually bound with a neoprene coated bias cut tape and joined together on each of the front panels, along the waistband from the front fly opening to side seam. The back of the liner system will be allowed to remain open with two snaps on either side of the back seam to attach the moisture barrier layerto the thermal liner layer. As described previously, the pant thermal layer system snaps directly to the independent waistband by means of nine snap fasteners. There shall be no hook and loop used to close the liner access opening. D. RETROREFLECTIVE FLUORESCENT TRIM The pants shall have a stripe of retroreflective fluorescent trim encircling each leg below the knee to comply with the requirements of NFPA #1971 in 3 inch lime/yellow 3M ScotchliteTm Triple Trim (L/Y borders with silver center). The bottom of the trim band shall be located approximately 3" above cuff. E. REINFORCED TRIM STITCHING All reflective trim is secured to the outer shell with Nomex® thread, using a locking chainstitch protected by our exclusive TrimTrax® system. Developed exclusively by Globe Manufacturing Co., LLC. This strip of 3/32-inch strong, durable, flame resistant black Kevlar® cording provides a bed for the stitching along each edge of the retroreflective fluorescent trim surface and affords extra protection for the thread from abrasion. TrimTrax® has been proven to be 5 to 7 times more durable than single or even double rows of stitching, significantly reducing maintenance costs and providing more value and a longer service life. Two rows of stitching used to attach the trim in place of the TrimTrax® shall be considered an unacceptable alternative, since it has been proven that the two rows of stitching has insignificant impact on wear life. All trim ends shall be securely sewn into a seam for a clean finished appearance. F. ELASTICIZED WAISTBAND The pant design facilitates the transfer of the weight of the pant to the hips instead of shoulders and suspenders. The two rear outer-shell body panels, beginning at the pant side seams, shall incorporate an elasticized waist insert, running from the side seam towards the back of the trouser for an approximate distance of 4 inches. The rear elasticized waist inserts shall be integral to the shell of the pant and the elasticized portions shall be covered by the outer shell fabric of the pant. The waist area of the pants shall be reinforced on the inside with a separate piece of black aramid outer shell material, cut on the bias (diagonally). The reinforcement shall be folded in half, for a finished bottom edge and shall have a finished width of not less than approximately 1 '/2 inches. The top Page 13 of 20 DocuSign Envelope ID: 16BA8CO2-CA2A-49C7-8F64-F82C8922EA4D edge of the waistband reinforcement shall be double stitched to the outer shell at the top of the pants. The lower edge of the waistband shall be unattached to the shell to accept the thermal liner and moisture barrier. The top of the thermal liner and moisture barrier shall be secured to the underside of the waistband reinforcement by means of nine snaps, spaced equidistant along the length of the waistband reinforcement. Inserting the liner system between the waistband reinforcement and outer shell serves to reduce the possibility of liner detachment while donning and doffing. The independent waistband construction affords greater comfort and fit than a turned and stitched method. Pants that do not include an independent waistband or are not cut on the bias will not provide the same amount of stretch to the garment and shall be considered unacceptable. G. EXTERNAL/INTERNAL FLY FLAP The pants will have a vertical outside fly flap constructed of two layers of outer shell material, with a layer of moisture barrier material sandwiched between. The fly flap shall be double stitched to the left front body panel and shall measure approximately 2 3/4 inches wide, with a length graded to size based on waist measurement and reinforced with back tacks at the base. An internal fly flap constructed of one layer of outer shell material, thermal liner and specified moisture barrier, measuring approximately 2 inches wide, with a length graded to size based on waist, shall be sewn to the leading edge of the right front body panel. The underside of the outside fly flap shall have a 1 '/2 inch wide piece of FR loop fastener tape quadruple stitched full length along the shell material only; stitching shall not penetrate the moisture barrier insert between the two shell fabric layers to insure greater thermal protection and reduced water penetration. A corresponding strip of 1 '/2 inch wide piece of FR hook fastener tape shall be quadruple stitched to the outside right front body panel securing the fly in a closed position. H. BELT Each pant shall include an approximate 2 inch wide black aramid belt with a self-locking hi-temp thermoplastic buckle serving as the exterior primary positive locking closure. Sizing adjustment shall be provided by means of the black belting which can be threaded through the male portion of the 2 inch thermoplastic buckle; this buckle shall also provide a quick-release mechanism for donning and doffing. The belt shall be attached to the two front body panels of the pant at the side seams and shall run through tunnels constructed of black 7 '/2 osy aramid outer shell material, protecting the belt from damage. The tunnels will begin at the side seams and run to the front of the pant, terminating at the buckle closure system. A single belt loop constructed of a double layer of black 7 '/2 osy aramid measuring Page 14 of 20 DocuSign Envelope ID: 16BA8CO2-CA2A-49C7-8F64-F82C8922EA4D approximately '/2 inch by 3 inches shall be attached to the topside of the right side tunnel. The belt loop will be located approximately 2 inches from the tunnel opening for storage of the belt tab. I. MICROPHONE STRAP A strap shall be constructed to hold a microphone for a portable radio. It shall be sewn to the pant at the ends only and shall be constructed of double layer outer shell material. The size of the microphone strap shall be 1 inch x 3 inches. The microphone strap shall be mounted vertically at the top center rear of the pant. J. AXTION® KNEE The outer shell of the pant legs shall be constructed with horizontal expansion pleats in the knee area with corresponding darts in the liner to provide added fullness for increased freedom of movement and maximum flexibility. The pleats shall be folded to open outwardly towards the side seams to insure no restriction of movement. The AXTION® knee will be installed proportionate to the pant inseam, in such a manner that it falls in an anatomically correct knee location. The thermal liner shall be constructed with four darts per leg in the front of the knee. Two will be located above the knee (one on each side) and two will be located below the knee (one on each side). On the moisture barrier, the system will consist of two darts, rather than pleats, to allow added length in the under knee. The darts in the liner provide a natural bend at the knee. The darts in the liner work in conjunction with the expansion panels in the outer shell to increase freedom of movement when kneeling, crawling, climbing stairs or ladders, etc. K. LINER KNEE THERMAL ENHANCEMENT A minimum of one additional layer of specified thermal liner and one additional layer of moisture barrier material, measuring a minimum of 9 inches by 11 inches, will be sewn to the knee area of the line, system for added CCHR protection and increased thermal insulation in this high compression area. The knee thermal enhancement layers shall be sandwiched between the thermal liner and moisture barrier layers of the liner system and shall be stitched to the thermal liner layer only. The thermal enhancement layer shall have finished edges by means of overedging. Raw or unfinished edges shall be considered unacceptable. Thermal scraps shall not be substituted for full-cut fabric padding. Smaller CCHR reinforcement shall not be considered acceptable since they provide far less area of coverage. Page 15 of 20 DocuSign Envelope ID: 16BA8CO2-CA2A-49C7-8F64-F82C8922EA4D L. KNEE REINFORCEMENTS The knee area shall be reinforced with a layer of black Dragonhide® material. The knee reinforcement shall be centered on the leg to insure proper coverage when bending, kneeling and crawling. The knee reinforcements shall measure 9 inches wide by 12 inches high and shall be double stitched to the outside of the outer shell in the knee area for greater strength and abrasion resistance. The knee reinforcement specified shall be removable withoutopening up any seams of the outer shell of the pant. The knee reinforcement specified shall be removable for replacement without opening Major A seams of the outer shell of the pant. M. PADDING UNDER KNEE REINFORCEMENTS Padding for the knees shall be accomplished with one layer of Silizone® foam, sandwiched between the thermal liner and moisture barrier. N. EXPANSION (BELLOWS) POCKETS An expansion pocket, measuring approximately 2 inches deep by 10 inches wide by 10 inches high shall be double stitched to the side of each leg straddling the out seam above the knee and positioned to provide accessibility. The lower half of each expansion pocket shall be reinforced with an additional layer of Kevlar® twill material on the inside. Two rust resistant metal drain eyelets shall be installed on the underside of each expansion pocket to facilitate drainage of water. The pocket flaps shall be rectangular in shape, constructed of two layers of outer shell material and shall measure 3 inches deeper than the pocket expansion and 1/2 inchwider than the pocket. The upper pocket corners shall be reinforced with proven bar tacks and pocket flaps shall be reinforced with bar tacks. The pocket flaps shall be closed by means of FR hook and loop fastener tape. Two pieces of 1 '/2 inch by 3 inch FR hook fastener tape shall be installed vertically on the inside of each pocket flap (one piece on each end). Two corresponding pieces of 1 '/2 inch by 3 inch FR loop fastener tape shall be installed horizontally on the outside of each pocket near the top (one piece on each end) and positioned to engage the hook fastener tape. O. PANT CUFF REINFORCEMENTS The cuff area of the pants shall be reinforced with a layer of black Dragonhide® material. The cuff reinforcement shall not be less than 2 inch in width and folded in half, approximately one half inside and one half outside the end of the legs for greater strength and abrasion resistance. The cuff reinforcement shall be double stitched to the outer shell for a minimum of two rows of stitching. This independent cuff provides an additional layer of protection over a hemmed cuff. Pants that are turned and stitched at the cuff, as opposed to an independent cuff reinforcement, do not provide the same level of abrasion resistance and shall be considered unacceptable. Page 16 of 20 DocuSign Envelope ID: 16BA8CO2-CA2A-49C7-8F64-F82C8922EA4D P. PADDED RIP-CORD SUSPENDERS & ATTACHMENT On the inside waistband shall be attachments for the standard "H" style "Padded Rip-Cord" suspenders. There will be four attachments total -2 front, 2 back. The suspender attachments shall be constructed of a double layer of black aramid measuring approximately '/2 inch wide by 3 inches long. They shall be sewn in a horizontal position on the ends only to form a loop. The appearance will be much like a horizontal belt loop to capture the suspender ends. A pair of "H" style "Padded Rip-Cord" suspenders shall be specially configured for use with the pants. The main body of the suspenders shall be constructed of 2 inch wide black webbing straps. The suspenders shall run over each shoulder to a point approximately shoulder blade high on the back, where they shall be joined by a 2 inch wide horizontal piece of webbing measuring approximately 8 inches long, forming the "H". This shall prevent the suspenders from slipping off the shoulders. The shoulder area of the suspenders will be padded for comfort by fully encasing the webbing with aramid batting and wrap-around black aramid. The rear ends of the suspenders will be sewn to 2-inch wide elasticized webbing extensions measuring approximately 8 inches in length and terminating with thermoplastic loops. The forward ends of the suspender straps shall be equipped with specially configured black powder coat non- slip metal slides with teeth. Through the metal slides will be the 9 inch lengths of strap webbing "Rip-Cords" terminating with thermoplastic loops on each end. Pulling on the "Rip-Cords" shall allow for quick adjustment of the suspenders. Threaded through and attached to the thermoplastic loops on the forward and rear ends of the suspenders will be black aramid suspender attachments incorporating two snap fasteners. The aramid suspender attachments are to be threaded through the suspender attachment loops on the inside waistband of the pants. The aramid suspend attachments will then foldover and attach to themselves securing the suspender to the pants. Q. REVERSE BOOT CUT The outer shell pant leg cuffs will be constructed such that the back of the leg is approximately 1 inch shorter than the front. The liner will also have a reverse boot cut at the rear of the cuff and a concave cut at the front to keep the liner from hanging below the shell. This construction feature will minimize the chance of premature wear of the cuffs and injuries due to falls as a result of "walking" on the pant cuffs. Pants that have "cut-outs" in the back panel rather than a contoured boot cut shall be considered Page 17 of 20 DocuSign Envelope ID: 16BA8CO2-CA2A-49C7-8F64-F82C8922EA4D unacceptable. 4. THIRD PARTY TESTING AND LISTING PROGRAM All components used in the construction of these garments shall be tested for compliance to NFPA Standard #1971 by Underwriters Laboratories (UL). Underwriters Laboratories shall certify and list compliance to that standard. Such certification shall be denoted by the Underwriters Laboratories certification mark. 5. LABELS Appropriate warning label(s) shall be permanently affixed to each garment. Additionally, the NFPA certification label shall include the following information: Compliance to NFPA Standard #1971 Underwriters Laboratories classified mark Manufacturer's name Manufacturer's address Manufacturer's garment identification number Date of manufacture Size 6. ISO CERTIFICATION/REGISTRATION The protective clothing manufacturer shall be certified and registered to ISO Standard 9001 to assure a satisfactory level of quality. 7. WARRANTY The manufacturer shall warrant these jackets and pants to be free from defects in materials and workmanship for their serviceable life when properly used and cared for. 8. HOOK AND LOOP SUPPORT PROGRAM Support program shall cover hook or loop tape that has begun to fray or otherwise degrade from normal wear. This program shall remain in effect for a period of five years from the original date of manufacture of the garment. This support program shall cover the repair or replacement, without charge, of any hook and/or loop on the garments produced by the manufacturer providing the garments are otherwise serviceable. This support program does NOT cover damage from fire, heat, chemicals, Page 18 of 20 DocuSign Envelope ID: 16BA8CO2-CA2A-49C7-8F64-F82C8922EA4D misuse, accident or negligence. Failure to properly care for garments will serve to void this support program. 9. SIZING BY VENDOR Both male and female sizing samples shall be available. Measuring with a tape measure is not acceptable. 10. GARMENT TRAINING AND SUPPORT OSHA requires employees be trained on the capabilities and limitations of their Personal Protective Equipment. The selected vendor shall provide the following: On-site care and maintenance training shall be provided bythe manufacturer. Training shall be in compliance with NFPA 1851 , current edition, at the conclusion of which each participant shall receive a certificate of completion. An on-site OSHA mandated training class on the Knowing the Limits of Your PPE shall be provided at no charge. The training shall include structural firefighting coat, pants and boots. 11. BAR-CODE/RECORD KEEPING INTERFACE A 1 dimensional barcode, in the interleaved 2 of 5 format shall be printed on the label of each separable layer of the garment. This barcode shall represent the serial number of the garment. The manufacturer shall be able to provide a detailed list of each asset of a drop-shipped order, and shall include the following: • Brand • Order Number • Serial Number • Style Number • Color • Description • Chest/Waist Size • Jacket/pant length • Sleeve Length • Date of Manufacture • Mark-For Data Page 19 of 20 DocuSign Envelope ID: 16BA8CO2-CA2A-49C7-8F64-F82C8922EA4D This information shall be able to be imported into the manufacturers web-based system designed to facilitate the organization and tracking of assets in accordance with the cleaning and inspection requirements of OSHA and NFPA 1851 . 12. PPE RECORD KEEPING The manufacturer shall make available and no-charge, a password protected data based backed website that does not care whose brand of PPE assets are being recorded. The website shall have the functionality to allow the manufacturer to import all of the pertinent data into the department's account so that the initial data entry by fire department personnel is eliminated. The website shall allow for the department to use a barcode scanner, if desired, to scan the interleaved 2 of 5 barcode found in the gear b going to the Search the Serial Number page in PPE record keeping program, and scanning the asset's barcoded serial number. 13. EXCEPTIONS TO SPECIFICATIONS Any and all exceptions to the above specifications must be clearly stated for each heading. Use additional pages for exceptions, if necessary. 14. COUNTRY OF ORIGIN Jackets and pants shall be manufactured in the United States. Page 20 of 20 DocuSign Envelope ID: 16BA8CO2-CA2A-49C7-8F64-F82C8922EA4D All W—rifflMI IS: wuuTE AND PRICING SCHEDULE aweINDUSTRIES, INC. Fire Equipment Sales & Service Providing Protection for those Who Protect Us since 1950 1920 Rankin Road Suite 155 Houston,Texas 77073 281-443-0999 Office 281-443-0858 Fax QUOTATION To: CORPUS CHRISTI FD Ship to: Same Attn: ENRIQUE MIRELES Fax: E-Mail: enruquem@cctexas.com Year 1 Quote VALID FOR 1 YEAR Date Quoted By Date Expected Ship Via F.O.B. Terms 5/14/2021 TERI RUTTER Best Way Shipping Point NET 30 Qty Description Unit Price Total 90 GLO-15757G 1,237.26 111,353.40 COAT GX3J/AGILITY PER CORPUS CHRISTI SPEC 90 GLO-25757G 939.00 84,510.00 PANT GX3P/AGILITY PER CORPUS CHRISTI SPEC PRICES GOOD UNTIL JUNE 2022 PER RAYMOND NO FREIGHT CHARGE IF PAID WITHIN 30 DAYS Sub Total $195,863.40 Shipping 0.00 TOTAL $195,863.40 TERI RUTTER/SECRETARY-SALES teri@cascoindustries.com Page 1 of 3 DocuSign Envelope ID: 16BA8CO2-CA2A-49C7-8F64-F82C8922EA4D aweINDUSTRIES, INC. Fire Equipment Sales & Service Providing Protection for those Who Protect Us since 1950 1920 Rankin Road Suite 155 Houston,Texas 77073 281-443-0999 Office 281-443-0858 Fax QUOTATION To: CORPUS CHRISTI FD Ship to: Same Attn: ENRIQUE MIRELES Fax: E-Mail: enruquem@cctexas.com Year 2 Quote VALID FOR 1 YEAR Date Quoted By Date Expected Ship Via F.O.B. Terms 5/18/2021 TERI RUTTER Best Way Shipping Point NET 30 Qty Description Unit Price Total 90 GLO-15757G 1,311.50 118,035.00 COAT GX3J/AGILITY PER CORPUS CHRISTI SPEC 90 GLO-25757G 995.35 89,581.50 PANT GX3P/AGILITY PER CORPUS CHRISTI SPEC PRICES GOOD UNTIL JUNE 2023 NO FREIGHT CHARGE IF PAID WITHIN 30 DAYS Sub Total $207,616.50 Shipping 0.00 TOTAL $207,616.50 TERI RUTTER/SECRETARY-SALES teri@cascoindustries.com Page 2 of 3 DocuSign Envelope ID: 16BA8CO2-CA2A-49C7-8F64-F82C8922EA4D aweINDUSTRIES, INC. Fire Equipment Sales & Service Providing Protection for those Who Protect Us since 1950 1920 Rankin Road Suite 155 Houston,Texas 77073 281-443-0999 Office 281-443-0858 Fax QUOTATION To: CORPUS CHRISTI FD Ship to: Same Attn: ENRIQUE MIRELES Fax: E-Mail: enruquem@cctexas.com Year 3 Quote VALID FOR 1 YEAR Date Quoted By Date Expected Ship Via F.O.B. Terms 5/18/2021 TERI RUTTER Best Way Shipping Point NET 30 Qty Description Unit Price Total 90 GLO-15757G 1,390.20 125,118.00 COAT GX3J/AGILITY PER CORPUS CHRISTI SPEC 90 GLO-25757G 1,055.10 94,959.00 PANT GX3P/AGILITY PER CORPUS CHRISTI SPEC PRICES GOOD UNTIL JUNE 2024 NO FREIGHT CHARGE IF PAID WITHIN 30 DAYS Sub Total $220,077.00 Shipping 0.00 TOTAL $220,077.00 TERI RUTTER/SECRETARY-SALES teri@cascoindustries.com Page 3 of 3 DocuSign Envelope ID: 16BA8CO2-CA2A-49C7-8F64-F82C8922EA4D 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 Commercial General Liability Including: $1 ,000,000 Per Occurrence 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000 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. Page 1 of 3 DocuSign Envelope ID: 16BA8CO2-CA2A-49C7-8F64-F82C8922EA4D 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 30 calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. Page 2 of 3 DocuSign Envelope ID: 16BA8CO2-CA2A-49C7-8F64-F82C8922EA4D E. Within 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 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. Bond Requirements: No bond requirements therefore, Agreement Section 5 Insurance; Bond subsection 5(B), is hereby void. 2021 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services -Services Performed Onsite 05/10/2021 Risk Management- Legal Dept. Page 3 of 3 DocuSign Envelope ID: 16BA8CO2-CA2A-49C7-8F64-F82C8922EA4D ATTACHMENT D: WARRANTY REQUIREMENTS The manufacturer shall warrant these jackets and pants to be free from defects in materials and workmanship for their serviceable life when properly used and cared for. Page 1 of 1 RFQ Revised 4.19.2019 Personal Protective Equipment (PPE) i 1 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting June 15, 2021 DATE: June 15, 2021 TO: Peter Zanoni, City Manager FROM: Sarah Munoz, Interim Director of Parks and Recreation Sarah M3(a)cctexas.com (361) 826-3042 Josh Chronley, Assistant Director of Contracts and Procurement Josh C2(a)cctexas.com (361) 826-3169 Bayfront Parks and Medians Turf and Grounds Maintenance Group 1A CAPTION: Resolution authorizing a two-year service agreement for Bayfront Parks and Medians Turf and Grounds Maintenance Group 1A with Juan Antonio Galnarez, dba Tony's Lawn Service of Rockport, Texas for a total amount not to exceed of $83,280.00; with FY 2021 funding in the amount of $10,410.00 funded through the General Fund. SUMMARY: This resolution authorizes a two-year service agreement with Juan Antonio Galnarez, dba Tony's Lawn Service for mowing and landscape maintenance for Bayfront Parks and Medians Group 1A. The requested services are necessary to maintain these highly visible and frequently trafficked areas. BACKGROUND AND FINDINGS: The Contractor shall provide complete grounds and landscape maintenance for Bayfront Parks and Medians Group 1A including all reasonable and necessary labor, supervision, equipment and supplies to keep contracted areas properly maintained. The grounds and landscape maintenance for City parks assist in ensuring that the grounds of each site are safe, secure, and presentable at all times. The 1A group consists of City parks, parkways, rights-of-way, triangles, and medians. The grounds and landscape maintenance agreements for the Bayfront area enhance the image of the area by maintaining a high standard of care for all parks, rights-of-way, and medians, and provides a safe and attractive environment for the community. The following areas are included in the Bayfront Parks and Medians Group 1A maintenance agreement. Location Maintenance Area Location/Address Acres 14 Art Center Grounds Williams to Coopers 3.23 15 Marina Peoples St. T-Head 2.80 16 Marina Lawrence St. T-Head 3.92 17 McCaughan Park 602 N. Shoreline 5.01 18 Old City Hall Park 100 Kinney 1.60 19 Sherrill Park 222 S. Shoreline 2.77 20 The Great Lawn 402 S. Shoreline 7.37 TOTAL 26.70 PROCUREMENT DETAIL: The current five-year contract with Dorame General Repair and Lawn LLC expires on June 30, 2021 . Dorame General Repair and Lawn LLC provides this service to City at a cost of$49.99 per acre. In response to the expiring agreement, the Contracts and Procurement Department conducted a competitive request for bid (RFB) process to obtain bids for a new long-term contract. The City received five responsive, responsible bids. Juan Antonio Galnarez dba Tony's Lawn Service submitted a bid to provide the service at $38.98 per acre. Staff is recommending the award go to Juan Antonio Galnarez dba Tony's Lawn Service, as the lowest responsive, responsible bidder. ALTERNATIVES: An alternative would be to utilize City staff and purchase additional equipment to do the work in- house. However, after consideration of equipment purchases, costs for hiring additional staff, and factoring the potential costs of injury to City employees or any potential damages to customer properties, the costs associated with performing the work in-house would be far greater in comparison to the proposed service agreement. FISCAL IMPACT: The fiscal impact for the Parks and Recreation Department is an estimated amount of$83,280.00 for this two-year service agreement with $10,410.00 needed to cover services for the remainder of FY 2021 . FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 12915 Tourist District Mission Element: 141 Manage/Maintain Parks Facilities Project # (CIP Only): Account: 530225 Mowing/Grounds Maintenance RECOMMENDATION: Staff recommends approval of this resolution authorizing a two-year service agreement with Juan Antonio Galnarez dba Tony's Lawn Service as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Resolution Bid Tabulation Resolution authorizing a two-year service agreement in an amount not to exceed $83,280.00, for Bayfront Parks and Medians Turf and Grounds Maintenance Group 1A, with Juan Antonio Galnarez, dba Tony's Lawn Service of Rockport, Texas, with FY 2021 funding in the amount of$10,410.00 funded through the General Fund. WHEREAS, the services to be provided by the selected contractors have been competitively bid based upon and in accordance with a procurement method authorized by State law and the Charter of the City of Corpus Christi ("City"); WHEREAS, the City received bids for Bayfront Parks and Medians Turf and Grounds Maintenance Group 1A in response to Bid No. 3547 of which only the lowest responsive, responsible bidder may be awarded a mowing and grounds maintenance services contract ("contract"); WHEREAS, state law provides that, if the competitive sealed bidding requirement applies to a contract for goods or services, the contract must be awarded to the lowest responsive, responsible bidder or to the bidder that provides the best value, pursuant to Texas Local Government Code §252.043(a); WHEREAS, the City notified all bidders in its bid documents for Bids No.3547 that contracts would be awarded to the lowest responsive, responsible bidders; WHEREAS, the City Council finds that the lowest responsive, responsible bidder awarded a contract for Bayfront Parks and Medians Turf and Grounds Maintenance Group 1A is Juan Antonio Galnarez dba Tony's Lawn Services of Rockport, Texas, for an amount not to exceed $83,280.00 and; WHEREAS in the event the lowest responsive, responsible bidder fails to execute the awarded contract or fails to perform under a contract for any awarded item, the City Manager, or designee, is authorized to execute a contract for the remainder of the contract term with the next lowest bidder, in succession, in order to secure replacement for Bayfront Parks and Medians Turf and Grounds Maintenance Group 1A for the City. Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council finds that the foregoing preamble language stated in this resolution to be true and correct and adopts such findings for all intents and purposes related to the authorizations of each of the procurements that are the subject of this resolution. Section 2. The City Council finds that Juan Antonio Galnarez dba Tony's Lawn Service is the lowest responsive, responsible bidder for Bayfront Parks and Medians Turf and Grounds Maintenance Group 1A and is awarded a contract for an amount not to exceed $83,280.00, as shown in the bid tabulation sheet, the content of which is incorporated into this resolution by reference as if fully set out here in its entirety. Page 1 of 3 Section 4. The City Manager, or designee, is authorized to execute service agreements with the lowest responsive, responsible bidders in accordance with the terms and conditions stated in Bid No.3547. Furthermore, in the event the lowest responsive, responsible bidder fails to execute the contract for the respective awarded group(s) or fails to perform under an executed contract for the awarded group, the City Manager, or designee, is authorized to execute a contract for the remainder of the contract term with the next lowest responsive, responsible bidder per respective bid group, in succession, in order to secure replacement mowing and landscape maintenance services for the City. Page 2 of 3 PASSED AND APPROVED on the day of , 2021 : Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 3 of 3 r )$ CITY OF CORPUS CHRISTI R 3547 CONTRACT AND PROCUREMENT BAYFRONT PARKS AND MEDIAN TURF BUYER:SANDRA RODRIGUEZ AND GROUNDS MAINTENANCE GROUP 1A x�a ffiffiffi JUAN GALNAREZ DBA DORAME GENERAL REPAIR MALDONADO NURSERY OLYMPIA LANDSCAPE TONY'S LAWN SERVICE WILE,LLC ROCKPORT,TX AUSTIN,TX COAND LAWN AND LANDSCAPE INC. DEVELOPMENT RPUS CHRISTI,TX CORPUS CHRISTI,TX LAREDO,TX Item Description Cycle Unit Price Per Extended Unit Price Per Extended Unit Price Per Extended Unit Price Per Extended Unit Price Per Extended Cycle Price Cycle Price Cycle Price Cycle Price Cycle Price Bayfront Parks and Medians Turf 1 and Grounds Maintenance 40 $1,041.00 $ 41,640.00 $1,046.66 $ 41,866.24 $1,300.00 $ 52000.00 $1,494.00 $ 59,760.00 $5,340.00 $ 213,600.00 Group 1 A/Year 1 Bayfront Parks and Medians Turf 2 and Grounds Maintenance 40 $1,041.00 $ 41,640.00 $1,072.82 $ 42912.86 $1,300.00 $ 52000.00 $1,538.00 $ 61,520.00 $5,340.00 $ 213,600.00 Group 1 A/Year 2 GRAND TOTAL $ 83,280.00 $ 84,779.10 $ 104,000.00 $ 121,280.00 $ 427,200.00 DocuSign Envelope ID:6A3ED2BF-20D5-4F35-9ED9-96494C5A6E14 �yV S C� G° a 0 H SERVICE AGREEMENT NO. 3547 U Bayfront Parks and Medians Turf and Grounds Maintenance ye185 Mowing Group 1 A THIS Bayfront Parks and Medians Turf and Grounds Maintenance Mowing Group 1 A Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Juan A. Galnarez dba Tony's Lawn Service ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Bayfront Parks and Medians Turf and Grounds Maintenance Mowing Group 1 A in response to Request for Bid/Proposal No. 3547 ("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 Bayfront Parks and Medians Turf and Grounds Maintenance Mowing Group 1 ("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 Division, 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 in writing prior to the expiration of the original term or the then-current Option Period. 3. Compensation and Payment. This Agreement is for an amount not to exceed $83,280.00, 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. Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:6A3ED2BF-20D5-4F35-9ED9-96494C5A6E14 Invoices must 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: Roberta Rodriguez Department: Park and Recreation Phone: 361-826-3166 Email: RobertaO@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:6A3ED2BF-20D5-4F35-9ED9-96494C5A6E14 purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:6A3ED2BF-20D5-4F35-9ED9-96494C5A6E14 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: Roberta Rodriguez Title: Contracts and Funds Administrator Address: P.O. Box 9277, Corpus Christi, TX 78469 Phone: : 361-826-3166 Fax: 361-826-3864 IF TO CONTRACTOR: Juan A. Glanarez dba Tony's Lawn Service Attn: Juan A. Galnarez Title: Owner Address: P.O. Box 1914, Rockport, TX 78381 Phone: 361-386-0045 Fax: N/A 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 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:6A3ED2BF-20D5-4F35-9ED9-96494C5A6E14 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 may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City 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 may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City 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 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:6A3ED2BF-20D5-4F35-9ED9-96494C5A6E14 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. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:6A3ED2BF-20D5-4F35-9ED9-96494C5A6E14 CONTRACT n ocuSigned by: Signature'. _ ' ` EE�[ E`a•��7.4 A�... Printed Name: Juan A. Galnarez Title: Owner Date: 5/17/2021 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 l : RFB/RFP No. 3547 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:6A3ED2BF-20D5-4F35-9ED9-96494C5A6E14 ATTACHMENT A: SCOPE OF WORK 1. General Requirements/Background Information Provide complete grounds maintenance including all reasonable and necessary labor, supervision, equipment, and supplies to keep contracted areas properly maintained. 2. Scope of Work Provide complete grounds maintenance including litter and debris removal, mowing, trimming, applying fertilizer, and landscaping maintenance of City owned property as shown on Exhibit 1- Group 1 A Location List and Exhibit 1 A-Group 1 A Maps. A. Prep Work 1 . The Contractor and all related employees shall attend an orientation prior to the term of the contract and each extension at the following location: Parks and Recreation Maintenance 5352 Ayers St. Bldg. 4 Corpus Christi, Texas 78415 2. Prior to each operation, the Contractor shall remove all litter and debris, including paper, cans, bottles, bags, grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the identified locations. Including, but not limited to, fence lines, sidewalks, trees, shrubs, groundcover beds, all curbs and gutters, and other hard surfaces within the identified location. Pick-up shall consist of removal of visible litter larger than three inches square. Special attention shall be given to insure the removal of objects, which may cause injury, if thrown from equipment. 3. After operations, the Contractor shall remove any visible trash and debris that were cut up during the process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and disposed of in accordance with all City ordinances. All trash and litter shall be disposed of properly at the Contractor's expense. However, if the debris is too large to haul, the Contractor shall pile the debris, take a picture and email the picture and location to the Contract Administrator or designee prior to leaving the location. Page 1 of 14 DocuSign Envelope ID:6A3ED2BF-20D5-4F35-9ED9-96494C5A6E14 4. Contractor is required to cover/tarp debris while transporting for disposal and while moving from site to site. Should the Contractor dispose of the litter and debris at an illegal dumpsite, it is grounds for termination of this agreement. B. Mowing and Trimminq 1 . Turf shall be mowed to a height of three inches using reel or rotary type mowers. Rough cutting, scraping and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle description indicated below. 2. Cycles Description • Growing Season (March - October) Weekly - 32 cycles • Non-growing Season (November- February) Bi-Weekly - 8 cycles 3. Mower height to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting blades so as not to tear, but cleanly cut the blades of grass. Mowing shall be performed in a manner as not to damage trees, shrubs, plants, signs, or other obstructions. 4. String line trimmers shall not be used to mow or trim turf areas wider than 24 inches, except in areas approved by the Contract Administrator. 5. Mowing and trimming operations shall be performed in such a manner as to prevent the piling of excessive and unsightly grass clippings and leaves on lawns. The Contractor shall remove excessive clippings immediately following each mowing cycle prior to the work crew leaving the work site. 6. All resulting clippings and leaves shall be removed from any roadway, walkway, parking area, or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. 7. Contractor shall perform all trimming for each cycle using herbicides, hand labor, or mechanical devices. Trimming shall include around all trees, shrubs, beds, fences, groundcovers, utilities, poles, buildings, obstacles, curbing, sidewalks, parking lot, concrete pads, including cracks and expansion joints, edges of all exterior hard surfaces. Any vegetation not cut by the mowing operation located adjacent to, above, or hanging over the curb must be trimmed each mowing cycle. At time of each mowing, trimming shall be done Page 2 of 14 DocuSign Envelope ID:6A3ED2BF-20D5-4F35-9ED9-96494C5A6E14 in a manner as not to damage trees, shrubs, fences, etc. At no time shall wild vegetation be allowed to grow out of these areas. 8. At the time of each mowing, the Contractor shall remove "sucker" growth at the base of trees before it reaches one foot in height and all materials and debris shall be removed from site after each such pruning. C. Fertilizins The Contractor shall provide an application of a 3-1-2 ratio of slow release fertilizer during the growing season. Apply fertilizer that has been formulated for this area, is appropriate for the type of turf grass being fertilized and use manufacturer's recommendation for rate of application. 3. Landscaping Maintenance Contractor shall provide complete landscaping maintenance including herbicide applications to control weeds in perennial beds, and around mulched areas of trees and shrubs; mulch designated areas; prune existing shrubs, groundcovers, and hedges; application of pesticide. A. Weed Control 1 . Hard Surfaces: Contractor shall use herbicides and hand labor to remove and control undesirable vegetation (weeds) from expansion joints, cracks of sidewalks, parking lots, curbing and concrete medians, including road pavement that is within two feet of said areas. 2. Beds and Groundcovers - Weed-Free Maintenance: Contractor shall use herbicides and hand labor to remove and control undesirable vegetation (weeds) in landscaped areas (designated beds, tree collars, and groundcover to include mulch, decomposed granite, decorative rock and plant cover) shall be provided at a minimum of once per month throughout the year. 3. Contractor shall mix herbicide and apply according to the manufacturer recommendation and current State licensing requirements. Recommended herbicide is Roundup, AquaNeat, or other products safe for waterways. The successful Contractor(s) will be required to possess a current commercial applicator license for applying herbicide at all designated locations. 4. Contractor shall apply herbicide at a distance of 12 inches along both sides of designated fence lines except fences bordering adjacent private property. In such cases, herbicides shall be applied only to the City side of the fence. Herbicide shall not be applied around any trees and shrubs. The spraying Page 3 of 14 DocuSign Envelope ID:6A3ED2BF-20D5-4F35-9ED9-96494C5A6E14 shall be parallel to the fence lines and structures and shall be straight, not irregular; spray pattern must conform to the size and shape of all other obstacles. The Contractor shall be responsible for performing touch-up spraying for any areas missed or any areas where rain has washed off the herbicide before it has taken effect. The Contractor shall be responsible for any damage done to private property caused by over spray. 5. The Contractor shall not use any water connection, hose, or faucet at any location for solution water for herbicide or pesticide. Use of any water connection is a violation of the Texas Natural Resources Conservation Commission rules and regulations, City of Corpus Christi Water Division rules and regulations, and the terms and conditions of this contract. B. Pruning existing shrubs, groundcovers, and hedges The Contractor shall maintain plant materials in an attractive and healthy growing condition by performing the following operations and other incidental work thereto: 1 . Prune shrubs, groundcovers, and hedges by shaping back to the size that existed at the beginning of the current season. Prune in appropriate season so as not to remove ornamental fruit or blooms. Pruning shall occur before growth exceeds six inches. Care shall be taken to ensure natural form and shape of plants is maintained. 2. Remove all dead and damaged branches of shrubs and groundcovers and hedges. Remove all Johnson grass or other weeds growing in and out of the bushes. 3. Remove all materials and debris from trimming operations daily after each pruning prior to leaving the work site. C. Application of Pesticides 1 . The Contractor shall apply all pesticides in accordance with manufacturer's labeling and all applicable federal, state, and local regulations. The City does not require a specific brand of pesticide to be used as long as applications are used for their intended purposes only. 2. All pesticides used for control purposes, shall be applied by a Licensed Commercial Pesticide Applicator for: a. Ornamental Plant and Shrub Control b. Pest Control Page 4 of 14 DocuSign Envelope ID:6A3ED2BF-20D5-4F35-9ED9-96494C5A6E14 No uncertified persons shall apply or otherwise handle any pesticide. The above certifications, registrations, licenses, and permits must be issued by the Texas Department of Agriculture and shall be kept valid throughout the term of this contract. 3. Pesticide applications under this contract will require spot treatment for ants, plant and shrub related insects or parasites 4. No "Restricted Use Pesticides" as classified by the administrator of the Environmental Protection Agency shall be used in performance of this contract. 5. Pesticide treatment of trees is not required under this contract. 6. The Contractor accepts total responsibility for replacement of ornamental plants, grasses, or trees whether owned by the City or others,which the Cityjudges to have been damaged or killed as a result of pesticide application under this contract. 4. Work Site and Conditions A. The work shall be performed at locations throughout the City as defined by group. See Exhibit 1 for locations. B. Contractor shall supply the City with a work schedule to indicate the normal starting and completion times for its operations. The Contractor shall provide landscaping and grounds maintenance only in appropriate months and in accordance with the City's cycle requirements. Changes in such work schedules must be approved by the City. C. Work Hours: The Contractor will confine all operations to daylight hours, Monday through Friday, unless one of the days is a City designated holiday. Saturday and Sunday work will require approval from the Contract Administrator or Superintendent to ensure there is no interference with activities, rentals or special events. D. Non-Work Hours: The Contractor may not store any equipment or tools on any site. After completion of work at any site, the Contractor must remove all eq uipment, supplies, and materials from that site. E. Ozone Warning Days: 1 . No mowing will be done on the designated Ozone Action Days except in the case of a special event, emergency or removing a liability. If mowing is necessary for such a situation, mowing will be kept to a minimum. However, the Contract Page 5 of 14 DocuSign Envelope ID:6A3ED2BF-20D5-4F35-9ED9-96494C5A6E14 Administrator or designee will retain the right to determine and notify the contractor of any such special event, emergency, or liability. 2. All push mowers, string line trimmers, riding mowers and other small engines will not be used at all. 3. Diesel powered mowing equipment will be allowed to operate on the second day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or designee, and received permission to proceed with work order. 4. Equipment using reformulated gas will be allowed to operate on the third day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or designee and received permission to proceed with work order. 5. Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 6. Safety Requirements A. Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. All portions of streets shall be kept open to traffic. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. The Contractor shall provide all signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests to protect the mowers and the traveling public. The Contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes thereto to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly but shall be subsidiary to the various bid items of this contract. B. Chemicals: All products (chemicals) shall be kept in a properly labeled container and a Safety Data Sheet (SDS) kept on each item, in a clearly marked SDS notebook by the contractor. The Contractor shall also supply a copy of all SDS sheets to the Contract Administrator. Page 6 of 14 DocuSign Envelope ID:6A3ED2BF-20D5-4F35-9ED9-96494C5A6E14 7. Equipment A. All Contractors grounds and turf maintenance equipment must be equipped with safety devices which conform to manufacturer's standards and all applicable OSHA regulations to prevent damage to property. All equipment shall be kept in good operating condition and shall always be maintained to provide a clean sharp cut of vegetation. All equipment shall be approved by the Contract Administrator. The typical type of equipment required for the ground maintenance operations are commercial riding lawn mowers 60" or larger, blade edger, string line trimmers and blowers. B. Should the Contractor's equipment require service while at any location, the Contractor must notify the Contract Administrator or designee. The Contractor shall not permit any oil, grease, or lubricants to spill onto or to contaminate the soil. The Contractor shall be responsible for any clean up and disposal of contaminated soil in accordance with all Applicable City, State, and Federal Regulations. 8. Security and Protection of Property A. Security Requirements: 1 . The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. 2. The Contractor shall not enter the buildings at any location for any reason without receiving prior approval from the Contract Administrator B. Protection of Property: 1 . The Contractor shall take proper measures to protect all property which might be damaged by Contractor's Work hereunder, and in case of any damage resulting from any act or omission on the part of or on behalf of the Contractor, the Contractor shall restore at the Contractor's own expense the damaged property to a condition similar or equal to that existing before such damage was done, or he shall make good such damage in an acceptable manner. 2. All damages which are not repaired or compensated by the Contractor will be repaired or compensated by City forces at the Contractor's expense. All expenses charged by the City for repairwork or compensation shall be deducted from any monies owed to the Contractor. Page 7 of 14 DocuSign Envelope ID:6A3ED2BF-20D5-4F35-9ED9-96494C5A6E14 9. Notifications and Inspections A. Each Monday morning prior to 7:00 a.m., the Contractor shall email the Contract Administrator or designee indicating the locations and work being performed that week for approval. If locations listed on the approved schedule were not mowed and the scheduled requires modifications the revised schedule shall be submitted to the Contract Administrator or designee by 5:00 p.m. the day the location was missed. No work shall be done without proper, prior notification. B. A list of completed locations ready for inspection shall be emailed to the Contract Administrator or designee no later than 7:00 a.m. on the day to be inspected. When a location is completed, the assigned City Inspector shall inspect the site and advise the Contractor of any discrepancies/rejections. In order to receive credit for mowing rejected locations the Contractor shall take whatever action necessary to correct the discrepancies within one working day. Rejected locations not turned in for inspection within one business day of the rejection will be deemed incomplete for the cycle and the Contractor will not be given credit. For the purpose of this contract, workdays shall include Monday-Friday, unless one of the days is a City designated holiday. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified, and a $25 re-inspection fee will be charged for a third inspection. At that time the Contractor shall have one working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies and a $50 fee will be charged. Failure of the fourth inspection will deem the property un- serviced and will need to be completed in its entirety, within the same cycle and resubmitted for the first inspection. The Contractor shall deduct the inspection fee from the payment to be made to the City of Corpus Christi. C. The Contractor shall submit invoices ONLY after cycles are completed. All areas have a 10% penalty for unsatisfactory or incomplete work. A 10% penalty will be applied to the invoice total for incomplete cycles. The Contractor will adjust incomplete cycle payment to reflect the properties missed based on the average price per acre. The 10% penalty will apply to the adjusted invoice total. D. The City shall have the right to examine the supplies, materials and equipment used by the Contractor, its subcontractors, agents, and employees at any time during the contract or extension terms. E. Work Crew Supervision: The Contractor shall provide qualified supervision of eac h crew at all times while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issu ed by the City and Contract Administrator. Failure of the supervisor to act on sai Page 8 of 14 DocuSign Envelope ID:6A3ED2BF-20D5-4F35-9ED9-96494C5A6E14 d directives shall be sufficient cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. F. Contractor shall promptly (same day) notify the Contract Administrator of any broken or damaged irrigation systems and poor or inadequate irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken signs, watering schedules defects or hazards that impact quality of turf and/or landscaping. G. The Contractor shall be responsible for the replacement of any plantings that may be damaged due to improper performance of designated maintenance activities. In such case, the Contract Administrator or designee shall specify when replacement is to be made. If the Contractor fails to replace the plantings according to instruction of the Contract Administrator, the Contractor agrees that the City may replace and reduce the Contractor payment by the amount of cost of replacement planting. Page 9 of 14 DocuSign Envelope ID:6A3ED2BF-20D5-4F35-9ED9-96494C5A6E14 Exhibit 1 - Group 1 A Location List GROUP 1 A MAINTENANCE AREA LOCATION/ADDRESS Acres 14 Art Center Grounds Williams to Coopers 3.23 15 Marina Peoples St. T-Head 2.80 16 Marina Lawrence St. T-Head 3.92 17 McCaughan Park 602 N. Shoreline 5.01 18 Old City Hall Park 100 Kinney 1 .60 19 Sherrill Park 222 S. Shoreline 2.77 20 The Great Lawn 402 S. Shoreline 7.37 TOTAL 26.70 Page 10 of 14 fjf$ Ski &T rial service ear ak : f , �f roup 7 7 ' p M rt Center Grounds Take'rrl.- `� Acres 3.23 'Art Cer1't r �; 0DrpusGrow C J Farmer s ar F?4 trolerirnTwice SY - rte o r '• IS12ls er S�ilin�ry CIi,Ih. ��, 40 .. pars sW - i n��yyii ; r hri tib 4 el MarGa`iL-bci�y i ti �� Landryja�S4za cad Huu e w �4] �.,. lf:. lakvr+_.y;__L=F.1.•e�- Grcoup 7A - IS q' farina (Pecoples) ro y Acres 2.50 m Harnsean sy-Lur�•:i r Laguna Charters �- .Q Y ti � � w. J-Prad Peoples St T "ead ... ,�. 11111111 ArP.ericLm Bunk � �I '1 AL 5�1 i '4 M r Ore's Crab Shack Takeout•Oellvery 17 a' vrrna°Bow ers nuc i[y y _ rvice -, Nrr2r7c ': SARIN" ARK Group 7A- 16 'or ua C "-tl M. a r i nzi Marina (Lawrence) Acres 3.92 d of p a ¢n ... � .P�rk Avenue Suites��• � � � cu .. } � . -17 k � _ C cad'SYiepherda � CorF,u�Porrkmq 1 h'rg� .1n Park res p� I 4 3y _ •_- _ § AL y' 4 Budget Inn and SJiP— ` _,��a-COrpUS GFin Li..T exasy I� �^i rr Fxe k �,? III s 1 F,.. DoPark cutive Hause gat g Bay Vrsta Pointe - far man Ave i? _Jesus C.I—my' p �11$,I I m.••. r'ttre Sea St.tue '` �nc�.lnn t5y r_,a o �� r- �• ��., -�_' . - .� , t m Aw 09M r . �- 'C7 r+o tj p 7 A- 'I $ F. a C7Icl Ci Hall Parte c - 1 Pars �- w, ax ,a n. I - p -ci` MI u p 7 V _ a _ Sh e�ri l l�`Park - k - = Sherrill Pal y Acres 2.77 , 1 , nn� f 4 p r° millillilmiii W loup 1 ro ,m . Great ay" am Frost Bank :� � a lcrs 7.37 t r3fT1{'S CIark � �a �. •ax ua DocuSign Envelope ID:6A3ED2BF-20D5-4F35-9ED9-96494C5A6E14 opuS ATTACHMENT B: BID AND PRICING SCHEDULE CITY OF CORPUS CHRISTI 0 CONTRACTS AND PROCUREMENT U BID FORM NCG P RP EO 1852 RFB No. 3547 Bayfront Parks and Medians Turf and Grounds Maintenance Group ]A PAGE 1 OF 1 Date: 5' � ® �� Authorized Bidder: ctn �. CA RCk"-2 Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description Acres Cycle Unit Price Extended Per Cycle Price' Bayfront Parks and Medians 1 Turf and Grounds Maintenance 26.70 40 l F Group 1 A / Year 1 Bayfronf Parks and Medians 2 Turf and Grounds Maintenance 26.70 40 100 1,0 n C) � � 6 0"00 Group 1 A/ Year 2 GRAND TOTAL 93 M6,00 i i i DocuSign Envelope ID:6A3ED2BF-20D5-4F35-9ED9-96494C5A6E14 ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Commercial General Liability $1 ,000,000 Per Occurrence Including: 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operation 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000 C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS Page 1 of 3 DocuSign Envelope ID:6A3ED2BF-20D5-4F35-9ED9-96494C5A6E14 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 30 calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. E. Within 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. Page 2 of 3 DocuSign Envelope ID:6A3ED2BF-20D5-4F35-9ED9-96494C5A6E14 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. BOND REQUIREMENTS: No bonds are required, therefore, Service Agreement 3547, Section 5 Insurance; Bonds subsection 5(B), is hereby void. 2021 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services -Services Performed Onsite 02/22/2021 Risk Management - Legal Dept. Page 3of3 DocuSign Envelope ID:6A3ED2BF-20D5-4F35-9ED9-96494C5A6E14 ATTACHMENT D: WARRANTY REQUIREMENTS No warranty is required therefore, Service Agreement 3547, Section 8, Warranty Requirements subsections 8(A)and (B) are hereby void. Page 1 of 1 Aik •"fir y:: ' tl .a,3 F �a � fo F so �o p A v WoRPORP�g4 1852 AGENDA MEMORANDUM Action Item for the City Council Meeting June 15, 2021 DATE: June 15, 2021 TO: Peter Zanoni, City Manager FROM: Richard Martinez, Director of Public Works Richard M 5(a)cctexas.com (361) 826-3419 Josh Chronley, Director of Contracts and Procurement Joshc2(a-)-cctexas.com (361) 826-3169 Mowing Services for Stormwater Group 5 North Beach Medians CAPTION: Motion authorizing a three-year service agreement with two additional one-year options with Juan Antonio Galnarez, dba Tony's Lawn Service of Rockport, Texas for mowing and grounds maintenance of Stormwater Mowing Group 5 North Beach Medians for the Department of Public Works for an estimated amount of$164,088.00, with FY 2021 funding in an amount not to exceed $13,674.00 available through the Stormwater Fund. SUMMARY: This motion authorizes a three-year service agreement for the mowing and grounds maintenance of Stormwater Group 5. These services are necessary to maintain vegetation maintenance in and around the North Beach area, which is highly visible and must always be presentable. BACKGROUND AND FINDINGS: Regular periodic mowing and grounds maintenance ensures that street right-of-way sites are clean, well-maintained, and presentable at all times. This contract is to maintain 11.48 acres of North Beach medians and medians on Surfside and Timon, which include the Aquarium and the Lexington. The contract stipulates that a total of 18 cycles be completed per annuum. Table 1. Mowing Group 5 work detail. Group 5 North Beach Medians Acres 1 Welcom Triangle Timon (U-) Welcome Sign Painting 0.10 2 Timon Median #1 Coastal to Elm 0.21 3 Timon Median #2 Elm to Plum 0.09 4 Timon Median #3 Plum to Kleberg 0.06 5 Timon Median #4 Kleberg to Paul 0.07 6 Timon Median #5 Paul to Breaker 0.79 7 Timon Median #6 Breaker to Bushick 0.76 8 Timon Median #7 Bushick to Crossover Street 2.12 9 Timon Median #8 Crossover Street to Gulfspray 0.86 10 Timon Median #9 Gulfspray to Neal 0.65 11 Timon Median #10 Neal to Beach 1.86 12 Timon Median #11 Beach to Sandbar 3.91 Total Acres 11.48 The previous contract was held with Dorame General Repair & Lawn, LLC for a one-year term which included an option to extend up to four additional one-year periods for a lifetime maximum amount of $255,490.04. This contract was also previously maintained by the Parks and Recreation Department which ended in April 2021. The Storm Water Division absorbed these responsibilities and therefore solicited requests for bids. PROCUREMENT DETAIL: Contracts and Procurement conducted a competitive Request for Bid process to obtain bids for long-term mowing and grounds maintenance contracts. The City received seven bids and is recommending awarding this contract to the lowest responsive, responsible bidder, Juan Antonio Galnarez, dba Tony's Lawn Service of Rockport, TX. The Public Works Department has the following contracts with this contractor: 1. Mowing and Grounds Maintenance Services of Street Right-of-Ways, Medians and Circles for Groups 2, 5B, 6 2. Mowing and Grounds Maintenance for Storm Water Group 7 3. Mowing and Grounds Maintenance for Storm Water Group 8 4. Mowing Services for Stormwater Street Right of Ways Group 5B The Parks and Recreation Department previously utilized this same contractor for their Bayfront Parks and Medians, Turf and Grounds Maintenance Group 5 contract. ALTERNATIVES: The alternative is to hire City staff and purchase additional equipment to do the work in-house. Currently, Public Works does not have the appropriate staffing levels nor the equipment necessary to provide services to these areas. FISCAL IMPACT: The FY 2021 fiscal impact to the Stormwater Fund is an amount not to exceed $13,674.00, with the remaining balance totaling $109,392.00 contingent upon City Council's approval of future fiscal years' annual operating budgets. FUNDING DETAIL: Fund: 4300 Storm Water Organization/Activity: 32001 SWO Vegetation Management Mission Element: 043 Drainage infra-surface/pipes Project # (CIP Only): N/A Account: 530225 Mowing and Grounds Maintenance Amount: $13,674.00 RECOMMENDATION: Staff recommends approval of this ordinance authorizing a three-year service agreement with Juan Antonio Galnarez, dba Tony's Lawn Service for Stormwater Mowing Group 5 North Beach Medians, as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement City of Corpus Christi Bid Tabulation Contracts and Procurement RFB#3583 Senior Buyer:Cynthia Perez Mowing Services for Stormwater Group 5 North Beach Medians Tony's Lawn Service- Fesseden Custom Lawn Care - WLE,LLC. - Rockport,Tx. Corpus Christi,Tx. Austin,Tx. ITEM Description Acres Cycle Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 Mowing for Group 5 North 11.48 43 Beach Medians - Year 1 $ 424.00 $ 18,232.00 $ 574.00 $ 24,682.00 $ 677.54 $ 29,134.22 2 Mowing for Group 5 North 11.48 43 Beach Medians - Year 2 $ 424.00 $ 18,232.00 $ 574.00 $ 24,682.00 $ 694.47 $ 29,862.21 3 Mowing for Group 5 North 11.48 43 Beach Medians - Year 3 $ 424.00 $ 18,232.00 $ 574.00 $ 24,682.00 $ 711.84 $ 30,609.12 $ 54,696.00 $ 74,046.00 $ 89,605.55 Lawn In Order- Triple G Lawn Services LLC- 6 Squared- Corpus Christi,Tx. Corpus Christi,Tx. Corpus Christi,Texas ITEM Description Acres Cycle Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 Mowing for Group 5 North 11.48 43 Beach Medians - Year 1 $ 789.00 $ 33,927.00 $ 875.00 $ 37,625.00 $ 80.00 $ 39,491.20 2 Mowing for Group 5 North 11.48 43 Beach Medians - Year 2 $ 789.00 $ 33,927.00 $ 875.00 $ 37,625.00 $ 80.00 $ 39,491.20 3 Mowing for Group 5 North 11.48 43 Beach Medians - Year 3 $ 789,00 $ 33,927.00 $ 875.00 $ 37,625.00 $ 80.00 $ 39,491.20 $ 101,781.00 $ 112,875.00 $ 118,473.60 Olimpia Landscape Development Inc.- Laredo,Texas ITEM Description Acres Cycle Unit Price Total Price 1 Mowing for Group 5 North 11.48 43 Beach Medians - Year 1 $ 2,200.00 $ 94,600.00 2 Mowing for Group 5 North 11.48 43 Beach Medians - Year 2 $ 2,200.00 $ 94,600.00 3 Mowing for Group 5 North 11.48 43 Beach Medians - Year 3 $ 2,200.00 $ 94,600.00 $ 283,800.00 DocuSign Envelope ID: 14C80A77-4449-436C-BF10-9966C44D0211 SC o� � SERVICE AGREEMENT NO. 3583 U Mowing Services for Stormwater Group 5 North Beach ye1852Eo Medians THIS Mowing Services for Stormwater Group 5 North Beach Medians Agreement (''Agreement'') is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Juan Antonio Galnarez dba Tony's Lawn Service ("Contractor''), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Mowing Services for Stormwater Group 5 North Beach Medians in response to Request for Bid/Proposal No. 3583 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Mowing Services for Stormwater Group 5 North Beach Medians ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for three years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department, 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 two additional one-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 $164,088.00, 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. Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: 14C80A77-4449-436C-BF10-9966C44D0211 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: Patrice Aubert Department: Public Works Phone( 361) 826-1699 Email: PatriceACcctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: 14C80A77-4449-436C-BF10-9966C44D0211 purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: 14C80A77-4449-436C-BF10-9966C44D0211 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: Patrice Aubert Title: Work Coordinator Address: 2525 Hygeia Street, Corpus Christi, Texas 78415 Phone: (361) 826-1699 Fax: N/A IF TO CONTRACTOR: Juan Antonio Galnarez dba Tony's Lawn Service Attn: Juan Galnarez Title: Owner Address: 1228 N. Racine St. Rockport, TX 78381 Phone: 361-386-0045 Fax: 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 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: 14C80A77-4449-436C-BF10-9966C44D0211 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 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: 14C80A77-4449-436C-BF10-9966C44D0211 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. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: 14C80A77-4449-436C-BF10-9966C44D0211 CONTRAC7C.Signed by: Signature: WV" Printed Name: 'Uan Galnarez Title: Owner Date: 6/3/2021 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 l : RFB/RFP No. 3583 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: 14C80A77-4449-436C-BF10-9966C44D0211 Attachment A - Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide complete mowing and grounds maintenance services for street rights-of-way, circles, and medians including all reasonable and necessary labor, supervision, equipment and supplies to keep contracted areas properly maintained. Grounds at each site are always to be safe and presentable. The Bidder may not use subcontractors in connection with the work performed if awarded a contract. The Contractor must be located within a 30-mile radius of City of Corpus Christi. 1.2 Scope of Work Provide complete grounds maintenance including litter and debris removal, mowing, trimming and applying fertilizer to City owned property as shown on Exhibit. A. Prep Work: 1 . The Contractor and all related employees shall attend an orientation prior to the term of the contract and each extension at the following location: Public Works 2525 Hygeia St. Corpus Christi, Texas 78415 2. Prior to each operation, the Contractor shall remove all litter and debris, including paper, cans, bottles, bags, grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the identified locations. Including, but not limited to, fence lines, sidewalks, trees, shrubs, groundcover beds, all curbs and gutters, and other hard surfaces within the identified location. Pick-up shall consist of removal of visible litter larger than three inches square. Special attention shall be given to ensure the removal of objects, which may cause injury, if thrown from equipment. 3. After operations, the Contractor shall remove any visible trash and debris that were cut up during the process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and disposed of in accordance with all City ordinances. All trash and litter shall be disposed of properly at the Contractor's expense and proof of such proper disposal through third party invoices or landfill receipts shall be turned in to the Contract Administrator on a monthly basis. However, if the debris is too large to haul, the Contractor shall pile the Revised 11.30.20 DocuSign Envelope ID: 14C80A77-4449-436C-BF10-9966C44D0211 debris, take a picture and email the picture and location to the Contract Administrator prior to leaving the location. 4. The Contractor is required to cover/tarp debris while transporting for disposal and while moving from site to site. Should the Contractor dispose of the litter and debris at an illegal dumpsite, it is grounds for termination of this agreement. B. Mowing and Trimming 1 . Turf shall be mowed to a height of three inches using reel or rotary type mowers. Rough cutting, scraping and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle description indicated below. 2. Cycles Description -43 cycles a year ROW/Storm Water Group 5- North Beach • Growing Season (March - October) *Bi-weekly - 35 cycles "Contract shall mow on Thursdays" • Non-Growing Season (November- February) **Monthly - 8 cycles "Contract shall mow on Thursdays" 3. Mower height to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting blades so as not to tear, but cleanly cut the blades of grass. Mowing shall be performed in a manner as not to damage trees, shrubs, plants, signs, or other obstructions. 4. String line trimmers shall not be used to mow or trim turf areas wider than 24 inches, except in areas approved by the Contract Administrator. 5. Mowing and trimming operations shall be performed in such a manner as to prevent the piling of excessive and unsightly grass clippings and leaves on lawns. The Contractor shall remove excessive clippings immediately following each mowing cycle prior to the work crew leaving the work site. 6. All resulting clippings and leaves shall be removed from any roadway, walkway, parking area, or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. Revised 11.30.20 DocuSign Envelope ID: 14C80A77-4449-436C-BF10-9966C44D0211 7. The Contractor shall perform all trimming for each cycle using herbicides, hand labor, or mechanical devices. Trimming shall include around all trees, shrubs, beds, fences, groundcovers, utilities, poles, buildings, obstacles, curbing, sidewalks, parking lot, concrete pads, including cracks and expansion joints, edges of all exterior hard surfaces. Any vegetation not cut by the mowing operation located adjacent to, above, or hanging over the curb must be trimmed each mowing cycle. At time of each mowing, trimming shall be done in a manner as not to damage trees, shrubs, fences, etc. At no time shall wild vegetation be allowed to grow out of these areas. 8. At the time of each mowing, the Contractor shall remove "sucker" growth at the base of trees before it reaches one foot in height and all materials and debris shall be removed from site after each such pruning. C. Edging 1 . The Contractor shall promptly remove all debris, including soil and trimmings from the areas, sidewalks, and roadways after each edging operation prior to the work crew leaving the work site. 1.3 Work Site and Conditions A. The work shall be performed at locations throughout the City as defined by group. See Exhibit 1 for locations. B. The Contractor shall supply the City with a work schedule to indicate the normal starting and completion times for its operations. The Contractor shall provide landscaping and grounds maintenance only in appropriate months and in accordance with the City's cycle requirements. Changes in such work schedules must be approved by the City Staff. C. Work Hours: The Contractor will confine all operations to daylight hours, Monday through Friday, unless one of the days is a City designated holiday. Saturday and Sunday work will require approval from the Contract Administrator. D. Non-Work Hours: The Contractor may not store any equipment or tools on any site. After completion of work at any site, the Contractor must remove all equipment, supplies, and materials from that site. E. Ozone Warning Days: 1 . No mowing will be done on the designated Ozone Action Days except in the case of a special event, emergency or removing a liability. If mowing is necessary for such a situation, mowing will be kept to a minimum. However, the Contract Administrator or designee will retain the right to Revised 11.30.20 DocuSign Envelope ID: 14C80A77-4449-436C-BF10-9966C44D0211 determine and notify the contractor of any such special event, emergency or liability. 2. All push mowers, string line trimmers, riding mowers and othersmall engines will not be used at all. 3. Diesel powered mowing equipment will be allowed to operate on the second day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has contacted the Contract Administrator, or designee, and received permission to proceed with work order. 4. Equipment using reformulated gas will be allowed to operate on the third day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has contacted the Contract Administrator, or designee and received permission to proceed with work order. 1.4 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 1.5 Safety Requirements A. Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. All portions of streets shall be kept open to traffic. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests will be required to protect the mowers and the traveling public and will be furnished by the Contractor. The Contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes thereto to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly but shall be subsidiary to the various bid items of this contract. B. Chemicals: All products (chemicals) shall be kept in a properly labeled container and a Safety Data Sheet (SDS) kept on each item, in a clearly marked SDS notebook by the contractor. The Contractor shall also supply a copy of all SDS sheets to the Contract Administrator. Revised 11.30.20 DocuSign Envelope ID: 14C80A77-4449-436C-BF10-9966C44D0211 1.6 Equipment A. All Contractor's grounds maintenance equipment must be equipped with safety devices which conform to manufacturer's standards and all applicable OSHA regulations to prevent damage to property. All equipment shall be kept in good operating condition and shall always be maintained to provide a clean sharp cut of vegetation. All equipment shall be approved by the Contract Administrator. The typical type of equipment required for the ground maintenance operations are commercial riding lawn mowers 60" or larger, blade edger, string line trimmers and blowers. B. Should the Contractor's equipment require service while at any location, the Contractor must notify the Contract Administrator or designee. The Contractor shall not permit any oil, grease, or lubricants to spill onto or to contaminate the soil. The Contractor shall be responsible for any clean up and disposal of contaminated soil in accordance with all Applicable City, State, and Federal Regulations. 1.7 Security and Protection of Property A. Security Requirements: 1 . The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. 2. The Contractor shall not enter the buildings at any location for any reason without receiving prior approval from the Contract Administrator B. Protection of Property: 1 . The Contractor shall take proper measures to protect all property which might be damaged by Contractor's Work hereunder, and in case of any damage resulting from any act or omission on the part of or on behalf of the Contractor, the Contractor shall restore at the Contractor's own expense the damaged property to a condition similar or equal to that existing before such damage was done, or shall make good such damage in an acceptable manner. 2. All damages which are not repaired or compensated by the Contractor will be repaired or compensated by City forces at the Contractor's expense. All expenses charged by the City for repair work or compensation shall be deducted from any monies owed to the Contractor. 1.8 Notifications and Inspections A. Each Monday morning prior to 7:00 a.m., the Contractor shall email the Contract Administrator or designee indicating the locations and work being performed that week for approval. If the locations listed on the approved schedule were not mowed and the schedule requires modifications the revised schedule shall be submitted to the Contract Administrator or designee by 5:00 Revised 11.30.20 DocuSign Envelope ID: 14C80A77-4449-436C-BF10-9966C44D0211 p.m. the day the location(s) were missed. No work shall be started without proper, prior notification. B. A list of completed locations ready for inspection shall be emailed to the Contract Administrator or designee no later than 7:00 a.m. on the day to be inspected. When a location is completed, the assigned City Inspector shall inspect the site and advise the Contractor of any discrepancies/rejections. In order to receive credit for mowing rejected locations the Contractor shall take whatever action necessary to correct the discrepancies within one working day. Rejected locations not turned in for re-inspection within one business day of the rejection will be deemed incomplete for the cycle and the Contract will not be given credit. For the purpose of this contract, workdays shall include Monday-Friday, unless one of the days is a City designated holiday. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified, and a $25 re-inspection fee will be charged for a third inspection. At that time the Contractor shall have one working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies and a $50 re-inspection fee will be charged. Failure of the fourth inspection will deem the property un-serviced and will need to be completed in its entirety, within the same cycle and resubmitted for the first inspection. The Contractor shall deduct the inspection fee from the payment to be made to the City of Corpus Christi. C. The Contractor shall submit invoices ONLY after cycles are completed. All areas have a 10% penalty for unsatisfactory or incomplete work a 10% penalty will be applied to the invoice total for incomplete cycles. Incomplete cycle payment will be adjusted to reflect the properties missed based on the average price per acre. The 10% penalty will apply to the adjusted invoice Iota I. D. The City shall have the right to examine the supplies, materials and equipment used by the Contractor, its subcontractors, agents, and employees at any time during the contract or extension terms. E. Work Crew Supervision: The Contractor shall always provide qualified supervision of each crew while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be enough cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. Revised 11.30.20 DocuSign Envelope ID: 14C80A77-4449-436C-BF10-9966C44D0211 F. Contractor shall promptly (same day) notify the Contract Administrator of any broken or damaged irrigation systems and poor or inadequate irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken signs, watering schedules defects or hazards that impact quality of turf and/or landscaping. G. The Contractor shall be responsible for the replacement of any plantings that may be damaged due to improper performance of designated maintenance activities. In such case, the Contract Administrator or designee shall specify when replacement is to be made. If the Contractor fails to replace the plantings according to instruction of the Contract Administrator, the Contractor agrees that the City may replace and reduce the Contractor payment by the amount of cost of replacement planting. Revised 11.30.20 DocuSign Envelope ID: 14C80A77-4449-436C-BF10-9966C44D0211 Exhibit I Public Works Department SWO Vegetation Management Division Mowing Services for Stormwater Group 5 North Beach Medians Locations and Acreage Group 5 North Beach Medians Acres 1 Welcome Triangle Timon @ Welcome Sign Painting 0.10 2 Timon Median #1 Coastal to Elm 0.21 3 Timon Median #2 Elm to Plum 0.09 4 Timon Median #3 Plum to Kleberg 0.06 5 Timon Median #4 Kleberg to Paul 0.07 6 Timon Median #5 Paul to Breaker 0.79 7 Timon Median #6 Breaker to Bushick 0.76 8 Timon Median #7 Bushick to Crossover Street 2.12 9 Timon Median #8 Crossover Street to Gulfspray 0.86 10 Timon Median #9 Gulfspray to Neal 0.65 11 Timon Median #10 Neal to Beach 1.86 12 Timon Median #11 Beach to Sandbar 3.91 TOTAL ACRES 11.48 a , r 3591 qy bf Y re R� T Ray A Hernandez " Timon Blvd Timon St1m�n®�vd Timon Blvd Trmon 61vd �c _ North B� a 5urfsi a 61vd Surfsid"Blvd 'T:^�� ` k r p Y : M R d ry t 264 3416 y � x 239 L .. mr- :C 360 r e - 020210 It M. dat.OM21 U.Ked States Terms Sendf—H—k 50ft-. a _ ��� SurfSlde Blvd ._._.....,..,,�� _ Surfside Blvd cobra Tattoo < ♦� _. �r 0 f3017 RegencyInn [R7 a xBlackbeards 4.®x 6C . - On the Beach •Rl Takeout Surfside Blot} ' �_....._ SurfsideBFvd #a,l,nuk loonI r _ 11 —Imo ®2021 C—le Ma data U2021 United states Terms send feedback so ft Y, Wel TImon61vd %� "� Timon Blvd — lip 7c Timon Blutl ° � urfside Blvd. Surfside Blvd Surfsitle Blvd , ' .+. iie es C 230 +' r • =u On the Beac it e'e t k out , j 225 T&keout � ee"e 5 eak�s r rt: 1 zzz F. A Irta �1G IeM data®2021 United StatTerms Send fes6ack 50 ftp ° Timvn Blvd Timon Blvd — d . .9 _ r l 'Surfsrde.Blvd » _ Surfside 61vd Surfside Blvd v 234' uurfside Col ages 280 w 1 � eaeiF to Phi11y C e��e S ea• �y a. al'L I n & u'tgs m , 0 �e i R [�keou ' 4. 3zo2 ■■■ J .. " dcl'h"aa Irtoa ®2021 dbta®ZD21 aortal Stdbes Tmrts 9mdfaxta J[ 5[!tt- a v. k, 67 v i .. Tinian Timon Bivd " Timon Blvd 7inaon Blvd �c a � c Surfside BVvd -..�.'„en.a`�;. ,, .�SurafsideaBlvd MR�� r Blvd Surfside Blvd 2sa- O 1, v 6 Surfside Cottages a 230 n— � zze •y �'� y Yo Philly Cheese Steaks , " 7akeoouut' . a .. ' 222 Google ■ice I— ®2021 k data 62021 LhP, S•""'_ Tams Sand Feeddack 50 C 40 r 1 O c�!�� v Ray A Hernan ez m _ 7 7 k Bl.,rrl Su f,da Blud . ... _ Surf sVde Blvd rnmr�-^ 7Ter- 5 LO Y x 1 = t -• Vie[" Y, m m + Google m` ONE ®: lmz ®2021 le ..,.dat.02021 hotted States Tams Sendfeedback 50ft" �' "�.W" CSB w .�" �t�y�� '-t.�„ •g.. �y A. v4 m m T+imon Blvd ijmonlulvnl Timon Blvd '- a y I' w ,'� � .', ".°4` �W8 T¢ak e' •N'"li. m}.&fid^ ''v: �,° � .. Pb^r�.n t B e, Surfside Btvd Surfside Blvd Surfside Blv J +n a � 3D m W, 238 u w 237 Y ,7 •�F' * .. '� ��.,/-ii1�X1� �. r^'y� — _"�y a t "l G9oogle"s a a ■■■ "%" �`� �'Y'y'?` % �'� -l`� a �'� Ima er E,2C129 Gon le Ma data®2021 A United States T— Send feedbag iia ow wo yl d f ' xa, a Kiwaannis F?ark .� aw ' y tl ii � �r w I, a d Budge Inn sq Surfside Park _ O l 11 a Del Sol �` ^ Goggle � .. � ��' ■� '� 8 ;ma@2021 le M.p date 22021 LP ft dSlates Terms �.dfeed6ack 100fk� ... Ki anit ark,-' n low a W man B, ., Tenon_' limon Blvd TaIvd „. Surfsideelvtl 5urfslder vSU Si e.Blv, cv� • �. 1 `°f ReaCorpus Cf TOW _ .44(A �M r + . Gulf6reezeBlwd GulfpreezeBlvd ONE ^ ked—k 100ft, I y u. I. v ', .;,: Tirnpn F7 V e Blvd KIM Sudstde Blvd Surfmde Blvd __ --.+r Su.�r4�s�Ide.Blvd -_�` Surf;ade Blvd s� =� Rel Inn Days Inn by m - '�rr PICirI�� Corpus Chns Beach � i vel In- r _ N ,. 4 Y v � 3 1 GulfbreezeBlyd '' -- k. ^• - - - - Gulfbreeze Blvd � �_ce�� -Y -. �..,M.�... ..... Gulfbreee,�e Blvd -. A. �oogle -- ■■■ C. Ima ®27210 le lka data®2021 UNtdStat- Terms S.dfeedback 100 ft, Sea"qu l��lvd _ ® i _ 1314 d ., f: � � `[ yam°• t.1 jam} L 1 � �+ f r 'SY° M a• ." � �.n ,_ •• ,. Timon,Blvd "` . 4 P. . urfside Blv'dj�r +�• - Surfldr Ulyd - Su f Idn Ulvd i -3 ..te6lvd i ,, VIIIaSor Surfslde8lvd t yr a i ento �. ,. y g Apartmerit35 c n z T e ` Re�`Inn� ''Days Inn by Wyndham s w Corpus Christi 9 e inn I,r•. f 3D ► a Corpu, "ist Bich ®al ulfbreeze 61 ,w .... ,.. ..•. il. �~ '`�� — i u �GulfbreezeBlvd s •Goo a Gulfbreeae Bldd GuffL ONE 9 Ima er�2o2t Goo le Ma data�2o2t United states Termssendfeed6ack took i a ^ f0 fit T. ✓n •t Suriv ide,l9lvd -� �. Surict ,ur I e vd 1. m R„Villa Sorr enlo ApartmentsIt r ' . , Travellnn a Corpus C4risti _vp �i a: �1, re Beach Ho el �I- �_ '° ' R;It 3D » M -a eze Blvd GuIfbreeze Blvd G I}b —---. u reeze Blvd a a G,00gie I ■■M ,., 1— X2021 Goo le Ma data�r1G21 llnM1ed Slates Term Send€eedback idGR DocuSign Envelope ID: 14C80A77-4449-436C-BF10-9966C44D0211 P%iiu1..1II I IC11 t B- Bid/Pricing Schedule SC o� lam` CITY OF CORPUS CHRISTI H CONTRACTS AND PROCUREMENT DEPARTMENT U BID FORM hOfl POPAS EQ 1852 RFB No. 3583 Mowing Services for Stormwater Group 5 North Beach Medians PAGE 1 OF 1 Date: Authorized �` �(�. Y�CLV'��? Signature: Bidder. � > :> � 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description Acres Cycles Unit Price Extended Per Cycle Price 1. Mowing for Group 5 North 11.48 43 $ $ Beach Medians � , i �, a Year 1 J' A .0V 2. Mowing for Group 5 North 11.48 43 $ $ Beach Medians Year 2 �A� 'CID 3. Mowing for Group 5 North 11.48 43 $ $ Beach Medians Year Total Price * Three-Year agreement $164,088.00 DocuSign Envelope ID: 14C80A77-4449-436C-BF10-9966C44D0211 ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1 ) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability Including: $1 ,000,000 Per Occurrence 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000 C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The Page 1 of 3 DocuSign Envelope ID: 14C80A77-4449-436C-BF10-9966C44D0211 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. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit Page 2 of 3 DocuSign Envelope ID: 14C80A77-4449-436C-BF10-9966C44D0211 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. BOND REQUIREMENTS: No bonds are required therefor, Service Agreement 3463, Section 5 Insurance; Bond Section 5(B) is here by void. 2020 Insurance Requirements Ins. Req. Exhibit 4-113 Contracts for General Services -Services Performed Onsite 06/08/2020 Risk Management- Legal Dept. Page 3 of 3 DocuSign Envelope ID: 14C80A77-4449-436C-BF10-9966C44D0211 ATTACHMENT D: WARRANTY REQUIREMENTS No warranty is required therefore, Service Agreement 3328, Section 8, Warranty Requirements subsections 8(A)and (B) are hereby void. Page 1 of 1 Department of Public Works Group 5 Mowing Contract Award Council Presentation � June 15, 2021 • Timon @ Welcome Sign Painting .10 Acres Mowing • Timon and Surfside .21 Acres • Timon and Surfside to Golf Place .09 Acres Contract fo r • Golf Place to Kleberg .06 Acres Group 5 : • Kleberg to Paul .07 Acres • Paul to Breaker .79 Acres North Beach • Breaker to Bushick .76 Acres Medians • Bushick to Crossover Street 2.12 Acres • Crossover Street to Gulfspray .86 Acres • Gulfspray to Neal .65 Acres • Neal to Beach 1.86 Acres • Beach to Sandbar 3.91 Acres • Total Acreage 11.48 Acres Timon @ Welcome Sign Painting — .10 Acres .a F C t t j *�+�.' RayA Hernane TimonMEl Tim mow Timon Blud ^�"`� SurfsideBlud Sur(5ide�Blvd 0"� r d 294 3416 � � h A , I , Google � ... ._ ,�� 4 ■■■ " ,A - Ima •®2U21 kMa dale®2021 untled States Terme send hedback 57A imon andSurfside— .21 Acres Aum " �� "���° Ivd Surfside Blvd '� - Surfside B uifYl � II��_ sr,` �On the Beau I .� Surfside Blvd I '�'-)�' �-- Surfside Blvd ��.� 3D ,� 3 < ; —li Goo le'.� — �� - �_. ,s�7} ■■■ 71 —Ima ®2021G le daW B2G21 Lhded Slates Tnnrs Send�eedbacle AGR Timon and Surfside to Golf Place — .09 Acres " — Time�Blvd _ _ m T�imon Blud ° Surfside Blvd Surfside Blvd Surf�de Blvd 311' t■ � � �'�l I � ySu aiGe`Cmteges, � L � I L v► 8laokdeard's` � �� _ �� ., t� ��� °+� 3D Ir uallty lnn Suites - Yo Phll B Sea ^�� � I�� ��]he Beach r4�eou< v •u • �dB1,. � U,:j. �� ,C .7'- I� �21� kG&hd®i➢21 IIM¢d Sf�-. ia�Sedf WiI w. PlaceGolf to Kleberg06 Acres m WE . " TimoaB'wd ,��� Timoo Blvd x v • a q 7 0 � '1i41 I SurfsideCaifgas �� 1 aldyh&Saife VoPhil,B ee a-asks " �P021 Cm;VErda•:a. u1e;�s ienx Sxdimffid; Wfl Kleberg Place to Paul - .07 Acres M Af+ ""r&* �41{'Pw,n�➢+ 1 p�� 11 CFrylli'�� ! dJ it z. � o yy RavA:H renan•a 5 Bea. Sg ... :.,., ,. L �r w000p v „ — � T Surfside Blvd S rfsidA Blvd Surfsitle 81vd Surfside BWd - �� 3D 4�1 a rGoggle ■■w "•'� i d Ima ®20216 a Mad ®2021 united States isms —dfeedback 50R Breaker to Bushick - .76 Acres 7 y � r � III Vikt 0 m Tfm nBl d I� WO 1,4 t e N� �— SudsitleBlld k� SudsldeBlud ur(SltleBlutl— 'a ��- 4 s { � r Ys m r m r t '1 tb naxe2aa I Bala®20E1 antl�Sares inms &ntlfe¢tl�ak Wff� Bushick to Crossover Street — 2.12 Acres k g k, l v. i r Crossover Street to Gulfspray - i • Acres o- i B 4r q m S � a rd TimooBlyd _Tlmon TimooBlyd °d'� � �SudsideBlvd Surfside v u si a Ivd 9udsid Blvd �; Tt�, „• '� s v I s � Iw � t � y{ � i� �zmi eu mma�a m�st�r���di�co� ian Gulfspray to .65 Acres Zi ... '• iimonBlvd ._w..:,. Timo d=` ���� � S�rF�deeiva s�t�na,d li 2BI�Ino'_" � yy0ayslnrd}Wyndham- y CorpusChrsti'Beach i}i 11 � GuR5reea2 Blvd .,,GuJ��e¢i¢Bhd, _- eeteBlutl " emn �mmzo� uara rme s�dfad�r� io�a rll V r I e v u c: � IIIr.Or.O'vtl _ Sut dtP,vd _ Surl,,de i -. se�sldeBmdb ,o sodsl'd°�eTgjy`d r it � �VIIIaSorr�itol a� � ` t Aparhnenis � Relazlnn_" �DayslBBhyN�,y � N Z N� I 'r — GulfhrpeteBlvd �.-.� GultbreeteBlud ,� ��Il I Gulfs � Ira �1 MMa dala&11Y11 WBed SYalas isms Sndt�dhack IWX Beach to Sandbar — 3.91 w ITt " 2 -i I " r i .. VIII r r e a Sorrento vd Apartment � I a Corpus rlsti �� vd r Gulfbreeze Blvd a^. _ � Gulfbreeze Blvd a' G,00g1� ter. �':, . '� ■■■ 4 r Ma tlata®2021 Ilnhetl Sf Smtl Eeetlbark BOO ft ..� '"� Department of Public Works - Questions? so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting June 15, 2021 DATE: June 15, 2021 TO: Peter Zanoni, City Manager FROM: Peter Collins, Chief Information Officer of Information Technology Pete rC(a)cctexas.com (361) 826-3735 Josh Chronley, Assistant Director of Contracts and Procurement Josh C2(a)cctexas.com (361) 826-3169 Uninterruptible Power Supply Hardware and Services CAPTION: Motion authorizing a three-year service agreement with Red River Technology, LLC of Claremont, New Hampshire, in an amount of $127,723.08, via DIR Purchasing Cooperative, for Uninterruptible Power Supply (UPS) Hardware and Services for five Public Safety radio sites, effective upon issuance of a notice to proceed, with FY 2021 funding available in the 2018 Police Radio Communication System Bond. SUMMARY: This motion authorizes the purchase of Uninterruptible Power Supply (UPS) hardware and services for five Public Safety radio sites with Red River through the Texas Department of Information Resources (DIR) Purchasing Cooperative. BACKGROUND AND FINDINGS: The five Public Safety radio sites contain critical radio systems which provide radio communication for Public Safety, Public Service, and 9 other entities. Public Safety Radio system is the most important system for Public Safety and Public Service communications. A functional radio system enables Public Safety to respond to emergencies as quick as possible. Public Safety emergencies can unfold quickly, and Public Safety must be prepared to respond to fires, floods, active shootings, accidents, family violence, medical and weather emergencies. A Public Safety Radio system also enables City departments to support public safety and perform their daily tasks in a timely manner. This UPS solution will protect the critical Public Safety radio electronics from electrical spikes and provides short-term power when main power fails. The UPS will provide power until generator power is available. PROCUREMENT DETAIL: The IT Department reached out to Contracts and Procurement to issue a contract through the DIR Purchasing Cooperative. Contracts awarded through the DIR Purchasing Cooperative have been competitively procured, in compliance with Texas local and state procurement requirements. ALTERNATIVES: The UPS solution protects the critical public safety radio site electronics; therefore, there are no alternatives to this purchase. FISCAL IMPACT: The fiscal impact in FY 2021 is $28,924.29 for professional services and $98,798.79 for equipment for a total amount not to exceed $127,723.08. FUNDING DETAIL: Fund: 3343 - Police Bond 18 Organization/Activity: 18038A3343EXP Mission Element: 151 — Respond to Law Enforcement Project # (CIP Only): 18038 — Police Radio Communication System Account: 530000 — Professional Services Cost: $28,924.29 Fund: 3343 - Police Bond 18 Organization/Activity: 18038A3343EXP Mission Element: 151 — Respond to Law Enforcement Project # (CIP Only): 18038 - Police Radio Communication System Account: 550720 - Equipment Purchases CIP Cost: $98,798.79 RECOMMENDATION: Staff recommends approval of this motion authorizing three-year service agreement with Red River Technology, LLC. LIST OF SUPPORTING DOCUMENTS: Price Sheet City of Corpus Christi Price Sheet Sr. Buyer: Minerva Alvarado Red River Radio Tower UPS Hardware and Services DI R-CPO-4427 DI R-TSO-3945 Red River Technology LLC Claremont, NH Item Description Qty Cost Total 1 Flex: Next Day RSP 7x24 6 $1 ,007.12 $6,042.72 2 Ext Warranty 3yr UPS Adv Exchg 4 $259.93 $1 ,039.72 3 Tower/Rack Mountable UPS 4 $2,402.00 $9,608.00 4 IPXEBM72RT 12 $518.87 $6,226.44 5 Eaton 9155/9355 EMB 96 6 $4,939.84 $29,639.04 6 Flex/Next day RSP 3 $503.56 $1 ,510.68 7 Power Xpert Gateway UPS Card 3 $323.68 $971 .04 8 EPDU MA 38U-A 1-5-30P 24A 1 P 16 $825.19 $13,203.04 9 9155 12KVA 10.8KW, Transformer 3 $9,819.37 $29,458.11 Included 10 Red River Project FFP 5 $5,750.00 $28,750.00 11 Red River Team Care 1 $174.29 $174.29 12 Miscellaneous Installation Materials 1 $1 ,100.00 $1 ,100.00 $127,723.08 so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting June 15, 2021 DATE: June 15, 2021 TO: Peter Zanoni, City Manager FROM: Kevin Smith, Director of Aviation Kev i n s4(a)cctexa s.co m (361) 289-0171 Josh Chronley, Interim Assistant Director of Contracts and Procurement Joshc2(a)cctexas.com (361) 826-3169 Parts for the repair of the Corpus Christi International Airport Quick Turn-Around Facility Car Wash CAPTION: Motion authorizing the purchase of materials, parts, and equipment from NS Corporation of Inglewood, California ($98,920.70), and from C-D Electric of Corpus Christi ($16,125.00), for a combined amount of $115,045.70, plus shipping costs, for repairs to the Corpus Christi International Airport's Quick Turnaround Facility car wash system, with funding in FY 2021 available through the Airport Customer Facility Charge Fund. SUMMARY: This motion allows the Airport to purchase necessary materials and equipment to continue the operation and maintenance of the car wash facilities used by rental car companies at the Corpus Christi International Airport. BACKGROUND AND FINDINGS: The three car wash bays within the airport quick turnaround (QTA) facility require major repairs and overhaul to maintain operational efficiency and effectiveness. The infrastructure and major components of the car wash facilities are aging and reaching their useful life. The airport will purchase new components for the existing car wash to extend the useful life of the system in its current configuration. The airport long-term CIP includes a reconfiguration and complete redesign of the car wash system, currently planned for FY25-26 and pending annual evaluation of the system's effectiveness. Many of these parts can be described as follows: brushes, bearings, motors, pressure controls, blowers, and rocker arms. The airport's quick turnaround facility (QTA) is a multi-purpose facility that supports all rental car companies conducting business out of the CCIA airport terminal. The building includes fuel pumps, car wash bays, vacuum stations, and repair or maintenance bays. The facility is funded through the institution of a customer facility charge (CFC) that is included in each car rental transaction conducted at the airport. ALTERNATIVES: The airport can alternatively continue to maintain the facility with existing inventory, negatively impacting the operational integrity of the system. Alternatively, the airport can phase the repairs and maintenance of the car wash systems, increasing the chances of a failure of the systems before repairs can be made. FISCAL IMPACT: The FY21 adopted budget included the funding for this project as the current infrastructure and major components of the car wash facilities have reached their useful life. Purchasing new components for the existing car wash will extend the useful life until which time an evaluation and redesign proposal is completed in the long-term CIP plan scheduled for FY25-26. Funding Detail: Fund: 4632 Airport Customer Facility Charge Fund Organization/Activity: 35065 Apt Quick Turnaround Facility Mission Element: 271 Maintain facilities on Airport property Project # (CIP Only): N/A Account: 530210 Building Maintenance & Service RECOMMENDATION: Airport staff and local rental car managers recommend approval of this motion. LIST OF SUPPORTING DOCUMENTS: Sole source letter from NS Corporation confirming vehicle wash parts are sole source products for the NS vehicle wash system. N!5 CORPORATION 235 West Floi ence Avenue,Inglewood,California 90301 1 1 0 �L t 'ara t 1 Fax 31 0 67 3.+1176 MAY 17,2021 Mr.)eramiah Lechler Corpus Christi International Airport 1000 International Blvd. Corpus Christi,TX 78406 To Whom It May Concern: This letter is to confirm that NS vehicle wash parts are sole source products for NS' vehicle wash systems and equipment. These products must be purchased directly through NS Corporation to ensure the correct operation and sustainability of your equipment. We have determined that there are no other products available for purchase that would serve the same purpose or function. If you require additional information, please feel free to contact me at any time. Thank you for your continued support of NS Corporation. Sincerely, ice. Ryan Lee Parts Sales Manager Office: 310-330-1231 Cell: 310-431-8042 E-mail: ryanL@nswash.com Quality Management Systam•Certified By DHV•I54 9001:2008 Manufacturers of Vehicle Cleaning Equipment Since 1961 Quote Page: 1 Order Number: 0098307 Order Date: 06/01/2021 NS CORPORATION 235 WEST FLORENCE AVE. Salesperson: RYAN LEE INGLEWOOD,CA 90301 Customer Number: 0007099 Tel:310-412-7074 Fax:310-412-1196 Telephone: 361-429-4494 www.nswash.comann y Email: accountspayable@cctexas.com;JeramiahL@i CORPUS CHRISTI INT'L AIRPORT CORPUS CHRISTI INT'L AIRPORT 1000 INTERNATIONAL BLVD. 1000 INTERNATIONAL BLVD. FLOOR:UNI SUITE:TSA FLOOR:UNI SUITE:TSA CORPUS CHRISTI,TX 78406 CORPUS CHRISTI,TX 78406 Confirm To: AVIATION Customer P.O. • _ FREIGHT NET 30 DAYS 900-2605/ EACH 3.00 0.00 0.00 28.48 85.44 ACTIVATION,HOSE ASSEMBLY 3/8"OD,7 FEET 5014-0015/240-2620 EACH 3.00 0.00 0.00 26.46 79.38 SWITCH PRESSURE CONTROL SWITCH(#18 OLD STYLE)NORMALLY OPEN TO RUN CAR WASH 630-1314A/ EACH 3.00 0.00 0.00 2,436.44 7,309.32 BRUSH,TOP BRUSH-COMPLETE,SYS-1500,5-TOUCH,ECO-5,10-60111/2 DENSITY 4012-0005/610-1115 EACH 6.00 0.00 0.00 20.08 120.48 BEARING PILLOW UCP 205-16 BLOCK BEARING 1"WIB Bearings 1004-0004/820-1531 EACH 12.00 0.00 0.00 1.22 14.64 HEX CAP SCREW SS 1/2-13 X 2-1/4 LG 18-8*HARDWARE FOR 1"PILLOW BLOCK BEARINGS 1008-0005/870-1401 EACH 24.00 0.00 0.00 0.29 6.96 FLAT WASHER SS 1/2 USS 18-8*HARDWARE FOR 1"PILLOW BLOCK BEARINGS 1012-0006/840-2000 EACH 12.00 0.00 0.00 0.56 6.72 LOCK NUT SS 1/2-13 18-8*HARDWARE FOR 1"PILLOW BLOCK BEARINGS 700-1800/ EACH 3.00 0.00 0.00 410.18 1,230.54 E-5 KIT,REPLACEMENT COUPLING KIT FOR TOP BRUSH (E-5)ELEMENT COUPLING,1"AND 1-7/16"E-5 HUBS WITH KEYS INCLUDES E-5 RISER PLATE 4002-0004/235-2132 EACH 3.00 0.00 0.00 893.41 2,680.23 REDUCER 15:1 WHITE E20MDSN 1-7/16"HOLLOW BORE E20MDSM502XOC1 -STANDARD SHAFT WITHOUT HOLE FOR TOP BRUSH 1002-0004/820-1410 EACH 12.00 0.00 0.00 0.20 2.40 HEX CAP SCREW SS 3/8-16 X 1 LG 18-8*HARDWARE FOR GEARBOX MOUNTING 1009-0003/870-1350 EACH 12.00 0.00 0.00 0.25 3.00 LOCK WASHER SS 3/8 18-8*HARDWARE FOR GEARBOX MOUNTING 1008-0002/870-1300 EACH 12.00 0.00 0.00 0.11 1.32 FLAT WASHER SS 3/8 USS 18-8*HARDWARE FOR GEARBOX MOUNTING 4001-0033/212-1000 EACH 3.00 0.00 0.00 594.97 1,784.91 MOTOR 1HP 3PH 3/4"SHAFT 1725 RPM 56C 3518311007G1 5000-0023/350-1051 EACH 3.00 0.00 0.00 6.57 19.71 CONNECTOR CORD 1/2"NPT SHC1024 14-4 Continued Quote Page: 2 Order Number: 0098307 Order Date: 06/01/2021 NS CORPORATION 235 WEST FLORENCE AVE. Salesperson: RYAN LEE INGLEWOOD,CA 90301 Customer Number: 0007099 Tel:310-412-7074 Fax:310-412-1196 Telephone: 361-429-4494 www.nswash.comann y Email: accountspayable@cctexas.com;JeramiahL@i CORPUS CHRISTI INT'L AIRPORT CORPUS CHRISTI INT'L AIRPORT 1000 INTERNATIONAL BLVD. 1000 INTERNATIONAL BLVD. FLOOR:UNI SUITE:TSA FLOOR:UNI SUITE:TSA CORPUS CHRISTI,TX 78406 CORPUS CHRISTI,TX 78406 Confirm To: AVIATION Customer P.O. • _ FREIGHT NET 30 DAYS 1002-0004/820-1410 EACH 12.00 0.00 0.00 0.20 2.40 HEX CAP SCREW SS 3/8-16 X 1 LG 18-8*HARDWARE FOR MOTOR MOUNTING 1009-0003/870-1350 EACH 12.00 0.00 0.00 0.25 3.00 LOCK WASHER SS 3/8 18-8*HARDWARE FOR MOTOR MOUNTING 9400-0067/760-1610 EACH 3.00 0.00 0.00 137.51 412.53 SHOCK COMPLETE,13-1/2"RESTRICTIVE DAMPENER WITH BUSHING,SILVER 9000-1019/900-0418 EACH 3.00 0.00 0.00 85.20 255.60 MOUNTING BRACKET FOR TOP BRUSH SHOCK 9000-1016/900-0014 EACH 3.00 0.00 0.00 3.20 9.60 BULKHEAD SPACER FOR TOP BRUSH SHOCK ROUND BAR 2 O.D.X.63 I.D.X .70 W UHMW BLACK 1008-0004/870-1400 EACH 6.00 0.00 0.00 0.11 0.66 FLAT WASHER SS 1/2 SAE 18-8*FOR SHOCK/SHOCK BRACKET 9000-1021/900-0014A EACH 6.00 0.00 0.00 6.12 36.72 BRACKET SPACER FOR TOP BRUSH SHOCK ROUND BAR 2 O.D.X.63 I.D.X 1.125 W UHMW BLACK 1004-0026/820-3048 EACH 12.00 0.00 0.00 2.61 31.32 HEX CAP SCREW SS 1/2-13 X 5-1/2 LG 18-8 1004-0020/820-1581 EACH 3.00 0.00 0.00 3.30 9.90 HEX CAP SCREW SS 1/2-13 X 6 LG 18-8*FOR SHOCK/SHOCK BRACKET 1008-0004/870-1400 EACH 30.00 0.00 0.00 0.21 6.30 FLAT WASHER SS 1/2 SAE 18-8*FOR SHOCK/SHOCK BRACKET 1012-0006/840-2000 EACH 15.00 0.00 0.00 0.56 8.40 LOCK NUT SS 1/2-13 18-8*FOR SHOCK/SHOCK BRACKET 900-0561-ECO/ EACH 3.00 0.00 0.00 347.82 1,043.46 TOP BRUSH SHIELD COMPLETE ECO SYSTEMS 4012-0013/610-1121 EACH 12.00 0.00 0.00 43.12 517.44 BEARING,PB 1-1/2"WIB Bearings UCP 208-24 1004-0006/820-1534 EACH 12.00 0.00 0.00 1.47 17.64 HEX CAP SCREW SS 1/2-13 X 2-3/4 LG 18-8*HARDWARE FOR 1-1/2"PILLOW BLOCK BEARING 1008-0004/870-1400 EACH 24.00 0.00 0.00 0.21 5.04 FLAT WASHER SS 1/2 SAE 18-8*HARDWARE FOR 1-1/2"PILLOW BLOCK BEARING 1012-0006/840-2000 EACH 12.00 0.00 0.00 0.56 6.72 LOCK NUT SS 1/2-13 18-8*HARDWARE FOR 1-1/2"PILLOW BLOCK BEARING Continued Quote Page: 3 Order Number: 0098307 Order Date: 06/01/2021 NS CORPORATION 235 WEST FLORENCE AVE. Salesperson: RYAN LEE INGLEWOOD,CA 90301 Customer Number: 0007099 Tel:310-412-7074 Fax:310-412-1196 Telephone: 361-429-4494 www.nswash.comann y Email: accountspayable@cctexas.com;JeramiahL@i CORPUS CHRISTI INT'L AIRPORT CORPUS CHRISTI INT'L AIRPORT 1000 INTERNATIONAL BLVD. 1000 INTERNATIONAL BLVD. FLOOR:UNI SUITE:TSA FLOOR:UNI SUITE:TSA CORPUS CHRISTI,TX 78406 CORPUS CHRISTI,TX 78406 Confirm To: AVIATION Customer P.O. • _ FREIGHT NET 30 DAYS 631-000OD/ EACH 3.00 0.00 0.00 1,954.64 5,863.92 WRAP BRUSH,FIBER,ECO MOTION,FLANGE STYLE,DRIVER SIDE 'SPECIAL FLANGE STYLE 631-000OP/ EACH 3.00 0.00 0.00 1,954.64 5,863.92 WRAP BRUSH,FIBER,ECO MOTION,FLANGE STYLE,PASSENGER SIDE 'SPECIAL FLANGE STYLE 4000-0002/766-4000 EACH 3.00 0.00 0.00 349.35 1,048.05 FLANGE FLEX COUPLING,UP POSITION,ARROW RIGHT FOR C.C.W. ROTATION(NS-D) 'SPECIAL FLANGE STYLE 4000-0012/766-3000 EACH 3.00 0.00 0.00 349.35 1,048.05 FLANGE FLEX COUPLING,UP POSITION,ARROW LEFT FOR C.W.ROTATION (NS-P) 'SPECIAL FLANGE STYLE 1004-0027/820-3068 EACH 48.00 0.00 0.00 0.79 37.92 HEX CAP SCREW SS 1/2-13 X 1 LG 18-8*HARDWARE FOR COUPLING 1009-0005/870-1450 EACH 48.00 0.00 0.00 0.49 23.52 LOCK WASHER SS 1/2 18-8*HARDWARE FOR COUPLING 1008-0004/870-1400 EACH 48.00 0.00 0.00 0.21 10.08 FLAT WASHER SS 1/2 SAE 18-8*HARDWARE FOR COUPLING 4002-0004/235-2132 EACH 6.00 0.00 0.00 893.41 5,360.46 REDUCER 15:1 WHITE E20MDSN 1-7/16"HOLLOW BORE E20MDSM502XOC1 -SPECIAL FLANGE STYLE REDUCER SHAFT,FLANGE BRUSHES 4016-0004/680-2550 EACH 6.00 0.00 0.00 18.71 112.26 COLLAR SPLIT TWO PIECE 1-1/4"STAINLESS STEEL 4001-0050/212-1004 EACH 6.00 0.00 0.00 599.16 3,594.96 MOTOR 1/2 HP 3/4"SHFT WASHDOWN GREY 351840-1802G1 5000-0023/350-1051 EACH 6.00 0.00 0.00 6.57 39.42 CONNECTOR CORD 1/2"NPT SHC1024 14-4 1002-0004/820-1410 EACH 24.00 0.00 0.00 0.20 4.80 HEX CAP SCREW SS 3/8-16 X 1 LG 18-8*MOTOR/REDUCER HARDWARE 1009-0003/870-1350 EACH 24.00 0.00 0.00 0.25 6.00 LOCK WASHER SS 3/8 18-8'MOTOR/REDUCER HARDWARE 1008-0002/870-1300 EACH 12.00 0.00 0.00 0.11 1.32 FLAT WASHER SS 3/8 USS 18-8*REDUCER HARDWARE Continued Quote Page: 4 Order Number: 0098307 Order Date: 06/01/2021 NS CORPORATION 235 WEST FLORENCE AVE. Salesperson: RYAN LEE INGLEWOOD,CA 90301 Customer Number: 0007099 Tel:310-412-7074 Fax:310-412-1196 Telephone: 361-429-4494 www.nswash.comann y Email: accountspayable@cctexas.com;JeramiahL@i CORPUS CHRISTI INT'L AIRPORT CORPUS CHRISTI INT'L AIRPORT 1000 INTERNATIONAL BLVD. 1000 INTERNATIONAL BLVD. FLOOR:UNI SUITE:TSA FLOOR:UNI SUITE:TSA CORPUS CHRISTI,TX 78406 CORPUS CHRISTI,TX 78406 Confirm To: AVIATION Customer P.O. • _ FREIGHT NET 30 DAYS 9000-0957/630-1029 EACH 6.00 0.00 0.00 34.83 208.98 ECO WRAP BRUSH MOUNTING PLATE 1007-0002/820-1561 EACH 6.00 0.00 0.00 11.57 69.42 HEX CAP SCREW SS 1-8 X 5-1/2 LG 18-8*PIVOT BOLT HARDWARE 1008-0010/870-1700 EACH 12.00 0.00 0.00 2.06 24.72 FLAT WASHER SS 1 USS 18-8*PIVOT BOLT HARDWARE 9000-1001/900-0006 EACH 12.00 0.00 0.00 19.14 229.68 BUSHING,ECO WRAP BRUSH ARM END UHMW RED 02-1/2 X 1-1/4 LG 1012-0009/840-5003 EACH 6.00 0.00 0.00 6.09 36.54 LOCK NUT SS 1-8 18-8*PIVOT BOLT HARDWARE 9000-1002/900-0012 EACH 12.00 0.00 0.00 4.46 53.52 SPACER,ECO WRAP BRUSH ARM SHAFT UHMW BLACK 02 OD X 1-1/2 ID X 3/4 LG. 4012-0014/610-1301 EACH 12.00 0.00 0.00 27.36 328.32 BEARING HOUSING,STEEL 1-1/2"FOR#610-1340 BEARING INSERT 4012-0015/610-1340 EACH 12.00 0.00 0.00 54.33 651.96 BEARING INSERT UHMW OIL-FILLED,1-1/2" 1004-0007/820-1535 EACH 24.00 0.00 0.00 1.26 30.24 HEX CAP SCREW SS 1/2-13 X 2-1/2 LG 18-8*PILLOW BLOCK BEARING HARDWARE 1008-0005/870-1401 EACH 48.00 0.00 0.00 0.29 13.92 FLAT WASHER SS 1/2 USS 18-8*PILLOW BLOCK BEARING HARDWARE 1012-0006/840-2000 EACH 24.00 0.00 0.00 0.56 13.44 LOCK NUT SS 1/2-13 18-8*PILLOW BLOCK BEARING HARDWARE 9400-0050/ EACH 3.00 0.00 0.00 2,189.74 6,569.22 ROCKER PANEL ARM COMPLETE DRIVERS FIBER/FOAM 15:1 REDUCER,1/2 HP MOTOR,SERIES 2000 INCLUDES ARM WITH BUMPER,MOUNTING BRACKET,AND U-BOLTS '15:1,1/2HP,460V,DRIVER-SIDE UTILITY CONNECTION -SPECIAL FLANGE STYLE SHAFT W/HARDWARE,1-7/16"REDUCER 235-2132 9400-0049/ EACH 3.00 0.00 0.00 2,189.74 6,569.22 ROCKER PANEL ARM COMPLETE PASSENGER FIBER/FOAM,15:1 REDUCER, MOTOR SERIES 2000 INCLUDES ARM WITH BUMPER,MOUNTING BRACKET, AND U-BOLTS '15:1,1/2HP,460V,DRIVER-SIDE UTILITY CONNECTION -SPECIAL FLANGE STYLE SHAFT W/HARDWARE,1-7/16"REDUCER 235-2132 Continued Quote Page: 5 Order Number: 0098307 Order Date: 06/01/2021 NS CORPORATION 235 WEST FLORENCE AVE. Salesperson: RYAN LEE INGLEWOOD,CA 90301 Customer Number: 0007099 Tel:310-412-7074 Fax:310-412-1196 Telephone: 361-429-4494 www.nswash.comann y Email: accountspayable@cctexas.com;JeramiahL@i CORPUS CHRISTI INT'L AIRPORT CORPUS CHRISTI INT'L AIRPORT 1000 INTERNATIONAL BLVD. 1000 INTERNATIONAL BLVD. FLOOR:UNI SUITE:TSA FLOOR:UNI SUITE:TSA CORPUS CHRISTI,TX 78406 CORPUS CHRISTI,TX 78406 Confirm To: AVIATION Customer P.O. • _ FREIGHT NET 30 DAYS 631-0001 D/ EACH 3.00 0.00 0.00 824.96 2,474.88 ROCKER PANEL BRUSH,FIBER,ECO MOTION,FLANGE STYLE,DRIVER SIDE 631-0001 P/ EACH 3.00 0.00 0.00 824.96 2,474.88 ROCKER PANEL BRUSH,FIBER,ECO MOTION,FLANGE STYLE,PASSENGER SIDE 9200-0049/400-0482 EACH 3.00 0.00 0.00 639.08 1,917.24 ECO DEMA LOOP SUPPLY MANIFOLD WITH PRE-SOAK ARCH 5025-0008/200-0081 EACH 3.00 0.00 0.00 233.27 699.81 EYE ELECTRIC EMITTER BANNER SMA30PEL SENSOR 5025-0009/200-0082 EACH 3.00 0.00 0.00 274.65 823.95 EYE ELECTRIC RECEIVER BANNER SM2A30PRLNC SENSOR AIR-10-D/ EACH 6.00 0.00 0.00 3,388.03 20,328.18 Blower Producer,10 HP;Electrical Controls Not Included. Standard Driver Side.Blue Impeller. Left Hand Discharge. Counter Clockwise Rotation when viewed from intake. AIR-10-P/ EACH 4.00 0.00 0.00 3,388.03 13,552.12 Blower Producer,10 HP;Electrical Controls Not Included. Standard Passenger Side.Yellow Impeller. Right Hand Discharge. Clockwise Rotation when viewed from intake. 4020-0043/ EACH 10.00 0.00 0.00 94.90 949.00 BLOWER NOZZLE EXTENSION 8 IN /CRATE/ 225.00 CRATING CHARGES /FREIGHT/ EACH 1.00 0.00 0.00 1,950.00 1,950.00 ESTIMATED FREIGHT FEES VERBAL,JERAMIAH LECHLER PH 361-429-4494 PRICE,PER LINE ITEM,REFLECTS BUY BOARD'S DISCOUNT RATE OF 19% Quote Page: 6 Order Number: 0098307 Order Date: 06/01/2021 NS CORPORATION 235 WEST FLORENCE AVE. Salesperson: RYAN LEE INGLEWOOD,CA 90301 Customer Number: 0007099 Tel:310-412-7074 Fax:310-412-1196 Telephone: 361-429-4494 www.nswash.comann y Email: accountspayable@cctexas.com;JeramiahL@i CORPUS CHRISTI INT'L AIRPORT CORPUS CHRISTI INT'L AIRPORT 1000 INTERNATIONAL BLVD. 1000 INTERNATIONAL BLVD. FLOOR:UNI SUITE:TSA FLOOR:UNI SUITE:TSA CORPUS CHRISTI,TX 78406 CORPUS CHRISTI,TX 78406 Confirm To: AVIATION Customer P.O. • _ FREIGHT NET 30 DAYS Net Order: 98,920.70 ***QUOTE VALID FOR 30 DAYS ONLY. Less Discount: 0.00 ***LABOR TIME IS ESTIMATED. Freight: 0.00 ***JOBS MAY REQUIRE MORE MATERIALS AND LABOR TIME. Sales Tax: 0.00 ***IMPORTANT: THIS IS NOTAN INVOICE. 98,920.70 ***DO NOT USE THIS QUOTE TO SUBMIT FINAL PAYMENT. C--D Electric CMotor Sales and Service D617 HIGH STARR DRIVE CORPUS CHRISTI, TEXAS 78408 ELECTRIC DAY OR NIGHT (361)888-4133 June 2, 2021 CCIA JEREMIAH W/O ID QUOTE 6022021-1 RE: Here is the information that you were requesting re: Item 1 2 3 Manufactor TOSHIBA HP '10 FR 215TC ENCLOSURE TEFC-841 RPM 3600 AVAILABITLITY 5-STOCK FOB PREPAID NEW/USED NEW NET EACH $1,075.00 PART NUMBER 10F2-841-CF VAC 460 qty needed 15 total price $16,125.00 NOTES: subject to prior sale 15 IN STOCK NOW Thank you PRICE DISCOUNT ON QTY ORDERED QUOTE GOOD FOR 30 DAYS Chris Cunningham 0'� H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting June 15, 2021 DATE: June 15, 2021 TO: Peter Zanoni, City Manager FROM: Robert Rocha, Fire Chief, Corpus Christi Fire Department RobertR@cctexas.com (361) 826-3938 Resolution authorizing an Interlocal Agreement with Coastal Bend Regional Advisory Council for the AMBUS Project CAPTION: Resolution authorizing execution of an Interlocal Cooperation Agreement with Coastal Bend Regional Advisory Council for an Ambulance Bus. SUMMARY: The purpose of this item is to authorize an Interlocal Agreement with Coastal Bend Regional Advisory Council (CBRAC) for the hosting and use of an Ambulance Bus (AMBUS) at Fire Station No. 1. The AMBUS is a special EMS (Emergency Medical Service) unit that can transport or care for up to 20 patients at once, which is at ten times as many patients as a standard ambulance. The AMBUS vehicles are equipped with the same equipment as standard ambulances, including patient ventilators, wireless vital signs monitoring, suction devices, and other life-saving equipment. BACKGROUND AND FINDINGS: The Texas Department of Emergency Management has awarded the City of Corpus Christi an Ambulance Bus. The AMBUS is one component of the Texas Emergency Medical Task Force (TEMTF) Project. The TEMTF Project was developed by the State of Texas to create a network of rapidly deployable, regionally based emergency medical assets across Texas. CBRAC is contracted by the State of Texas to administer the TEMTF Project within Trauma Service Areas (TSA) T, U, and V. Corpus Christi falls within TSA U. The awarded AMBUS — 2.0 is a multi-patient vehicle. This state-of-the-art vehicle can care and transport 20 stretchered patients at once. AMBUS vehicles are equipped with the same equipment as standard ambulances, including patient ventilators, wireless vital signs monitoring, suction devices, and other life- saving equipment, just on a larger scale. Upon delivery, the AMBUS —2.0 will replace one of the two older and outdated AMBUS units in the Corpus Christi Fire Department(CCFD)fleet. The previous vehicles were school buses retrofitted by CCFD to provide the same capability. Neither unit is currently in service but remained in the CCFD's inventory. Each unit was only able to transport between four to eight patients. For the awarded ABM US, there will be no cost to the City other than basic maintenance and repairs. The Interlocal Agreement lays out the roles and responsibility of the Corpus Christi Fire Department (CCFD), as the host of the AMBUS, and CBRAC as the titled owner of the AMBUS. Accordingly, CBRAC owns the AMBUS and holds the title to the AMBUS during the term of the contract and is subject to any applicable state and federal laws. CCFD, in their part, will store, maintain, repair, equip, and appropriately staff the AMBUS throughout the contract term as it retains operational control of the AMBUS. The AMBUS may be deployed outside the City on a State Mission Assignment, such as support for COVID- 19 vaccinations, areas impacted by hurricanes, or supporting State-mandated evacuation activities. On a State Mission Assignment, the Receiving Agency's operational costs will be reimbursed per separate agreement(s) with TEMTF. Other federal, state, and local provisions may also apply. ALTERNATIVES: The City Council could choose not to authorize this Interlocal Agreement, in which case CCFD would not be able to host the brand-new AMBUS and would have to continue using both of its old and outdated AMBUS models. FISCAL IMPACT: There is no fiscal impact other than basic maintenance and repairs. As part of the agreement, the City will be responsible for the maintenance and repairs to the AMBUS, which the department allocates within its operating budget for maintenance of traffic signal equipment city-wide. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 35100 City Ambulance Mission Element: 093 Emergency Response Calls Project # (CIP Only): N/A Account: 530100 Vehicle Repairs RECOMMENDATION: Staff recommends Council approve the Interlocal Agreement. LIST OF SUPPORTING DOCUMENTS: Resolution Interlocal Agreement INTERLOCAL COOPERATION CONTRACT AMBUS Project 2.0 2021 The State of Texas County of Nueces THIS INTERLOCAL COOPERATION CONTRACT ("CONTRACT"), also known as the AMBUS Project (2020-2021-A), is made and entered as of the date of the last signature hereto pursuant to the Texas Interlocal Cooperation Act, Chapter 791, Texas Government Code (the "ACT"), and is by and between the Coastal Bend Regional Advisory Council (hereafter "CBRAC"), a Texas non-profit corporation and the City of Corpus Christi, Texas ("Receiving Agency"), a home rule municipal corporation, (hereinafter collectively the "Parties") and shall be considered effective on the date of the last signature hereto ("Effective Date"). Accordingly, the Parties agree as follows: I. LEGAL AUTHORITY The parties represent and warrant that: 1. CBRAC is a non-profit corporation created under Texas Administrative Code Title 25, Part 1, Chapter 157 and operated to provide one or more governmental functions and services, and is defined as a "Political Subdivision" per §791.003 (3d) and §791.003 (5), and 2. The Receiving Agency is eligible to contract with CBRAC under the ACT because it is one of the following: a local government, as defined in the ACT (a county, a municipality, a special district, or other political subdivision of the State of Texas or any other state, or a combination of two or more of those entities), a state agency (an agency of the State of Texas as defined in §771.002 of the Texas Government Code, or a similar agency of another state), or a non-profit corporation created and operated to provide one or more governmental functions and services, and 3. The Receiving Agency and CBRAC possess adequate legal authority to enter into this CONTRACT. 4. The Receiving Agency and CBRAC in paying for the performance of governmental functions or in performing such governmental functions pursuant to the Interlocal CONTRACT shall make payments therefore only from current revenues legally available to such party. 5. The governing bodies of each entity believe that this CONTRACT is beneficial to the public and that each party had the legal authority to provide the governmental function which is the subject of the Interlocal Agreement. II. STATEMENT OF SERVICE TO BE PERFORMED: The Receiving Agency and the CBRAC agree to provide services as set forth in the statement of work attached as "Schedule (A), AMBUS Project", and "Exhibit (B), Affidavit of Insurance or Other Means of Replacement" which schedules are incorporated herein for all purposes. Equipment provided by CBRAC under this CONTRACT as described on Exhibit A to this Contract known as the "Equipment List AMBUS Project' is provided to the Receiving 1 of 5 Interlocal Cooperation Contract —Ambulance Bus Project 2021 , continued Agency at no cost. In lieu of payment for the use of the AMBUS, the Receiving Agency shall be responsible for various costs associated with the AMBUS as provided for in the attached Schedules. III. BASIS FOR CALCULATING COSTS: The basis for any reimbursable costs is outlined in the statement of work attached as Schedule (A), AMBUS Project, Exhibit (A), Equipment List, and Exhibit (B), Affidavit of Insurance or Other Means of Replacement. IV. CONTRACT AMOUNT: Equipment provided by CBRAC under this CONTRACT is provided to the Receiving Agency at no cost. V. PAYMENT FOR SERVICES: The basis for providing payment for services is outlined in the statement of work attached as Schedule (A), AMBUS Project, Exhibit (A), Equipment List, and Exhibit (B), Affidavit of Insurance or Other Means of Replacement. VI. TERM OF CONTRACT: This CONTRACT is effective as of the date of the last signature. The CONTRACT will remain in effect until canceled by the parties in accordance with the terms set forth in paragraph VII below. VII. TERMINATON: This CONTRACT may be terminated by either the Receiving Agency or CBRAC when one of the following occurs: 1. Either party requests termination in writing with 30 days' notice. 2. Immediately if the prime award is terminated by the State of Texas. 3. CBRAC is no longer the Hospital Preparedness Program (HPP) contractor. At the conclusion of the contractual relationship between the Receiving Agency and CBRAC, for any reason, the AMBUS and any remaining equipment and supplies purchased for this project under HPP funds, reverts to CBRAC. At the conclusion of the contractual relationship between the State of Texas and CBRAC, for any reason, title to any remaining equipment and supplies purchased for this project under HPP funds, reverts to the State of Texas. At that time, and at the discretion of the State, the title may be transferred to a third party, as may be determined. VIII. VENUE This CONTRACT and all of the transactions contemplated herein shall be governed by and construed in accordance with the laws of the State of Texas. The provisions and obligations of this CONTRACT are performable in Nueces County, Texas such that 2of5 Interlocal Cooperation Contract —Ambulance Bus Project 2021 , continued exclusive venue for any action arising out of this CONTRACT shall be in Nueces County, Texas. IX. GENERAL PROVISIONS: 1. This CONTRACT is entered into by the duly authorized officials of each respective party. 2. Any notice required pursuant to this CONTRACT must be in writing and is properly given if hand delivered, or sent by certified or registered mail, or overnight courier service, to the Parties either at the address below for or at such other address as the Parties from time to time specify by written notice pursuant to this Section. Any such notice is considered delivered on the date of delivery if hand delivered, or upon confirmation if sent by certified or registered mail or an overnight courier service. If to CBRAC: CBRAC PO Box 18460 Corpus Christi, Texas 78480 If to Receiving Agency: City of Corpus Christi 2406 Leopard, Suite 300 Corpus Christi, Texas 78408 3. To the extent authorized by the laws and constitution of the State of Texas, the CBRAC and the Receiving Agency shall not be liable for any lost profits, special, incidental, consequential, or punitive damages, whether for breach of any express or implied warranties or otherwise. The CBRAC and the Receiving Agency do not warrant that services shall be without defect, interruption, or suited for particular purposes. The Receiving Agency agrees to work cooperatively with CBRAC to maintain services to the best of both parties' abilities. 4. During the term of this CONTRACT and any extensions thereto, the Receiving Agency assumes all liability arising from the use, employment, deployment, redeployment, and reconstitution of the AMBUS and supporting equipment in accordance with the provisions of law and regulations which govern their activities. 5. In case any other provision hereof should be held to be illegal, invalid or unenforceable in any respect, such illegality, invalidity or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been included in this Agreement. 6. It is understood by both parties that each will fulfill its responsibilities under this CONTRACT in accordance with the provisions of law and regulations which govern their activities. Nothing in this CONTRACT is intended to negate or otherwise render ineffective any such provisions or operating procedures. If at any time either party is unable to perform its functions under this agreement consistent with such party's statutory and regulatory mandates, the affected party shall immediately provide written notice to the other to establish a date for mutual resolution of the conflict up to, and including, forfeiture of the use and return to CBRAC those assets described in the statement of work attached as Schedule (A) and in the Equipment List, Exhibit (A). 3 of 5 Interlocal Cooperation Contract —Ambulance Bus Project 2021 , continued 7. This Agreement constitutes the entire agreement hereto with respect to the subject matter hereof and supersedes any prior understanding or written or oral agreements between the parties with respect to the subject matter of this Agreement. No amendment, modification, or alteration of the terms of the Agreement shall be binding on either party unless the same is in writing, dated subsequent to the date hereof, and is duly executed by the party against whom enforcement is sought. 8. Each person signing this Agreement on behalf of a party hereby confirms for the benefit of the other party to this Agreement that any requisite approvals from the governing body of such party have been obtained, and all prerequisites to the execution, delivery and performance hereof have been obtained by or on behalf of that party. 9. Force Majeure - Either party may be excused from performance under this CONTRACT for any period that such party is prevented from performing its obligations in whole or in part as a result of any act of God, war, civil disturbance, epidemic, court order, or other event outside the control of such party, provided the party seeking to be excused has prudently and promptly acted to take any and all reasonable corrective measures that are within such party's control. 10. Neither party has authority for and on behalf of the other except as provided in this CONTRACT. No other authority, power, partnership, use or rights are granted or implied except as provided by Texas and or Federal laws and regulations, and as defined in Schedule (A) to this CONTRACT. 11. Neither party may incur any debt, obligation, expense or liability of any kind on behalf of the other party without the other party's express written approval. 12. CBRAC will defend and indemnify the Receiving Agency, its elected officials, directors, officers, employees, agents, and representatives (the "Receiving Agency Indemnities") and hold the Receiving Agency Indemnities harmless against any damages, claims, suits, actions, liabilities, loss, penalties, costs and expenses including, without limitation reasonable attorneys' fees, arising out of CBRAC's dishonesty or negligent acts or omissions related to the Hospital Preparedness Program. 4of5 Interlocal Cooperation Contract —Ambulance Bus Project 2021 , continued X. CONTRACT SIGNATURES: The UNDERSIGNED CONTRACTING PARTIES bind themselves to the faithful performance of this CONTRACT. It is mutually understood that this CONTRACT shall be effective if signed by a person authorized to do so according to the normal operating procedures of said party. If the governing body of a party is required to approve this CONTRACT, it shall not become effective until approved by the governing body of that party. In that event, this CONTRACT shall be executed by the duly authorized official(s) of the party as expressed in an approving resolution or order of the governing body of said party, a copy of which shall be attached to this CONTRACT. RECEIVING AGENCY APPROVED AS TO FORM AND LEGALITY: ATTEST: Attorney Receiving Agency Authority Date of Signature Date of Signature PERFORMING AGENCY COASTAL BEND REGIONAL ADVISORY COUNCIL APPROVED AS TO FORM AND LEGALITY: Hilary Watt ATTEST: Attorney Executive Director Date of Signature Date of Signature 5 of 5 SCHEDULE (A) AMBUS PROJECT 2021 I. Purpose of Agreement It is the purpose of this Agreement to establish a cooperative and mutually beneficial relationship between the parties and to set forth the relative responsibilities of the parties as they relate to the utilization of ambulance buses (AMBUS) purchased with U. S. Department of Health and Human Services Hospital Preparedness Program (HPP) funding. II. Project Description The AMBUS is one component of the Texas Emergency Medical Task Force (EMTF) Project. The EMTF Project was developed by the State of Texas to create a network of rapidly deployable, regionally based emergency medical assets across Texas. Coastal Bend Regional Advisory Council (CBRAC) is contracted by the State of Texas to administer the EMTF Project within Trauma Service Areas (TSA) T, U, and V. The Coastal Bend Regional Advisory Council, under this CONTRACT is considered the "owner' of the AMBUS and holds title to the AMBUS during the term of this CONTRACT and is subject to applicable state and federal laws. The Receiving Agency will store, maintain, repair, equip and appropriately staff the AMBUS during the time it retains operational control of the AMBUS. The AMBUS may be deployed outside the Receiving Agency's jurisdiction on a State Mission Assignment. On a State Mission Assignment, the Receiving Agency's operational costs will be reimbursed per separate agreement(s) (TXEMTF MOA). Other federal, state, and local provisions may also apply. The Receiving Agency maintains authority for daily use of the AMBUS. If other jurisdictions issue a mutual aid request for use of the AMBUS, and the AMBUS is available, the Receiving Agency will provide priority support to jurisdictions within Emergency Medical Task Force Region 11, with follow- on consideration to support requests from other regions, the state, and the federal government. Requests for an AMBUS deployment outside the Receiving Agency's jurisdiction will be routed to the Receiving Agency in compliance with Texas Emergency Management Act, Chapter 418, Texas Government Code, and the Texas Disaster Act of 1975. Final authority for the deployment of the AMBUS rests with the Receiving Agency. An Equipment List is attached as Exhibit (A) to this CONTRACT. III. Purpose The AMBUS Project supports state, regional, and local preparedness by providing multiple patient care and transport capabilities for use in, but not limited to, hospital evacuations, mass casualty incidents, onsite medical rehabilitation, and command capabilities. IV. Responsibilities of the Parties Under Agreement AMBUS Project 2021 Schedule (A) 1 of 3 In consideration of the mutual aims, desires and promises of the parties to this CONTRACT, and, in recognition of the public benefit to be derived from effective implementation of the programs involved, the parties agree that their responsibilities under this agreement shall be as follows: A. The Receiving Agency shall: 1) Enter into a contract with CBRAC to participate as part of the Texas Emergency Medical Task Force (EMTF) program by providing the DSHS licensed AMBUS and personnel on a 24/7/365 basis in accordance with the TX EMTF MOA. 2) Participate as a mutual aid partner to cooperative agencies by providing the asset and personnel on a 24/7/365 basis for up to twenty-four (24) hours. 3) Be a DSHS licensed EMS Provider, 911 Providers preferred, capable of providing: a. ALS level of care or higher b. ACLS or equivalent capability c. PALS or equivalent capability 4) License/maintain license of AMBUS as a "Specialized" EMS vehicle per DSHS rule. When used as a "Specialized" EMS vehicle, staffing must comply with DSHS rule. 5) Maintain insurance or other means of replacing the AMBUS and issued ancillary equipment as provided under HPP funding. Total cost of equipment is $1,000,000. Complete and return to CBRAC Exhibit (B), Affidavit of Insurance or Other Means of Replacement. If insurance is provided by a third-party policy, Receiving Agency will provide to CBRAC a copy of the Certificate of Insurance. 6) Be responsible for repair/ replacement of equipment that is broken, damaged, or missing due to misuse, negligence, theft or outside of normal lifespan expectations. 7) Follow manufacturer warranty procedures to complete repairs as may fall under the warranty and as directed in the manufacturers' operations and maintenance manuals. 8) Perform and document the completion of planned, preventive, and corrective maintenance and repairs to the AMBUS and ancillary equipment as indicated in the manufacturers' operations and maintenance manuals. 9) Provide a secure, indoor housing environment that includes 50-amp shoreline power access. 10) Maintain the AMBUS in a ready state for emergency responses. 11) Provide a standardized quarterly report of AMBUS costs and revenue. 12) Provide support to CBRAC during the inventory process as requested. 13) Maintain National Incident Management System (NIMS) agency compliance. 14) Provide and maintain medical supplies commensurate with DSHS regulations, EMS Provider protocols/guidelines, and level of care established by the CONTRACT. Store and maintain pharmaceuticals, medical supplies, and medical equipment according to manufacturer's recommendations and applicable regulations. 15) Provide minimum staffing of six (6) certified/licensed EMS personnel with at least four (4) paramedics and two (2) EMTs. There must be at least one person assigned as the department's designated vehicle operator, and at least one officer/supervisor assigned as the "AMBUS Crew Chief." 16) Provide personnel that are licensed to operate/drive the vehicle in compliance with the Texas Department of Public Safety. Personnel operating the vehicle must, at a minimum, hold a state-approved Class B driver's license and complete the Receiving Agency's designated driving program. At least 75% of assigned AMBUS drivers must complete a specialized EMTF AMBUS driver course of instruction within two years of accepting the CONTRACT to host the AMBUS, if courses and training seats are available. 17) Provide defined minimum staffing within identified response times for no-notice and short- notice events, including state-directed EMTF mission assignments. 18) Provide defined minimum staffing within identified response times for"notice" events. AMBUS Project 2021 Schedule (A) 2 of 3 19) Identify all points of contact within CBRAC's EMResource platform, keep these points of contact up-to-date, and acknowledge tests, actual alerts, and activations on a 24/7/365 basis. 20) Report AMBUS status change through state-designated online systems, and file after action reports denoting AMBUS activities and lessons learned. 21) Provide minor equipment as needed for use within the AMBUS for purposes such as administrative support and cleaning. 22) Participate in training and exercise requirements (vehicle orientation and loading, and at least one full-scale exercise annually). Crew training will be documented in accordance with Texas Disaster Medical System (TDMS) standards. 23) Conduct ongoing quality and performance improvement efforts. 24) When reasonable, participate in events hosted both regionally and by state authorities that may require periodic overnight travel. 25) Request CBRAC approval of any AMBUS alterations in advance of conducting alteration work. 26) Participate as an active member of EMTF-11 Subcommittee. 27) Notify CBRAC and make report in designated online system if the AMBUS is taken out of service for a period greater than one (1) hour. 28) Notify CBRAC if replacement of damaged or non-functional equipment is required. 29) Notify CBRAC for approval of any needed upgrades regarding the AMBUS. 30) Notify CBRAC for consideration by EMTF stakeholders, of any recommended changes to AMBUS- related medical response capabilities. 31) Request CBRAC approval of change to designated AMBUS host locations in advance of any permanent relocation. 32) Be responsible to ensure that the AMBUS apparatus, equipment, and supply items are continuously maintained in a manner to ensure the safe operations, operational readiness, response capability and effectiveness, and structural integrity of the AMBUS over the course of ownership and/or possession. 33) Conduct an annual inventory of all equipment and provide results to CBRAC or as required by special audit. CBRAC will make every effort to provide support to Receiving Agency during the inventory process as requested. 34) Maintain HPP performance measures as outlined in Exhibit C. B. CBRAC shall: 1) Allow the AMBUS to remain in the possession of the Receiving Agency with the understanding that the Receiving Agency will commit to its responsibilities as outlined in this CONTRACT. 2) Monitor the performance of the Receiving Agency in regards to performance under this CONTRACT and advise the Receiving Agency of any and all concerns regarding performance. 3) Using standard HPP-specific inventory forms and processes, CBRAC will conduct an annual or special inventory of the AMBUS and ancillary equipment. Receiving Agency will provide support to CBRAC during the inventory process as requested. 4) Provide copies of manufacturers' manuals and warranty statements as available. 5) Support appropriate planned costs of operation of the AMBUS for HPP-sanctioned exercises conducted outside the Receiving Agency's jurisdiction, when allowed under HPP contract and as mutually agreed by both the Receiving Agency and CBRAC. ---------- End of Schedule (A) ---------- AMBUS Project 2021 Schedule (A) 3 of 3 EXHIBIT(A) EQUIPMENT LIST AMBUS PROJECT 2021 1. The Contractor will assume financial and legal responsibility for liability and insurance for a value no less than the total replacement cost of vehicle and supplied equipment as provided below: a. CBRAC will provide the following: 1. General Truck and Body, Ambulance Bus 2.0 2. (2) powered rolling gurney—type stretchers 3. (20) Talon II collapsible litters 4. (1)WVSM Kit (20 WVSMs, 2 cases) 5. (1) MSAT unit and ancillary equipment 6. (2) Cardiac Monitors with ancillary equipment 7. (6) H size medical 02 cylinders on a temporary basis 8. (22) 02 regulators for patient use of onboard oxygen system b. The agency awarded the AMBUS 2.0 must agree to provide the following equipment: 1. One 700 - 800 / VHF commercial dual band mobile radio and ancillary equipment 2. One 700 - 800 / UHF commercial dual band mobile radio and ancillary equipment 3. Medications for MICU care per agency protocols 4. EMS supplies for MICU care of multiple patients 5. Bulk medical supplies for care of pts 6. Backboards / stair chairs 7. Laptops / ePCRs for provider use, docking stations and ancillary equipment 8. (6) H size medical 02 cylinders 9. Other item(s) as set forth by the TXEMTF AMBUS Workgroup to standardize all AMBUS(s) statewide Total acquisition value of above items for insurance purposes is: $1 ,000,000.00 AMBUS Project 2021 Exhibit (A) 1 of 1 EXHIBIT(B) AFFIDAVIT OF INSURANCE OR OTHER MEANS OF REPLACEMENT AMBUS PROJECT 2021 Receiving Agency: Address: City, State, Zip code In accordance with Section IV, paragraph (A)(6), of Schedule (A) to the AMBUS Project Interlocal Cooperation Contract, I, hereby swear or affirm that (Insert Signatory Name Above) holds the required amount of (Insert Receiving Agency Name Above) insurance, or other means of replacement, for the total value of the AMBUS and issued equipment. ® Check box if insurance is provided by a third party ® Check box if Receiving Agency is self-insured ATTEST: < Insert Signature Above> <Insert Printed Signatory Name Above> <Insert Printed Signatory Title Above> <Insert Date of Signature Above> ® Third Party insurance certificate is attached Return form(s) to: CBRAC PO Box 18460 Corpus Christi, TX 78480 ---------- End of Exhibit (B) -------- EXHIBIT(C) HPP Performance Measures AMBUS PROJECT 2021 Receiving Agency: Address: City, State, Zip code The Receiving Agency shall: • Maintain record of all MPV responses and/or mutual aid activity at the local, regional, and state level. • Maintain record of participation in all MPV local and/or state sponsored special event support. • Maintain record of participation in all local, regional and/or state sponsored training and exercise events. • Attend minimum of 75% of all state TXEMTF AMBUS meetings. • Participate in a minimum of 75% of regional communications drills and 80% of state sponsored AMBUS MSAT drills. • Participate in a minimum of one DPS AMBUS driving course biannually. Trauma Service Area Map A E .. D „ N R Texas Emergency Medical Task T Force CBRAC trauma coverage areas Coastal Bend Region (includes Nueces County;Corpus Christi) i AGENDA MEMORANDUM Resolution for the City Council Meeting 6/15//2021 DATE: May 4, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services alraymond(a)cctexas.com (361) 826-3575 Amend Participation Agreement with Walker Holdings to extend the expiration date. CAPTION: Resolution authorizing 12-month extension for Participation Agreement with Walker Holdings and Development, LLC to expand, extend and construct Emory Drive, Silverado Drive, and improve Stormwater Drainage Channels for Calallen South Unit 1, a planned residential development, located on IH-69, south of Northwest Boulevard with a City participation cap of $698,177.56. (District 1) SUMMARY: Walker Holdings and Development, LLC is developing a new residential subdivision named CaIallen South Unit 1 and is required to construct two new C-1 collector streets and make stormwater drainage channel improvements associated with the development. The City has agreed to participate in the cost sharing of the improvements as part of an economic development initiative for the Northwest area of the City. The estimated one-time cost of the of the new streets, including curb and gutter, and the stormwater drainage improvements is $698,177.56 This amendment will extend the agreement expiration date 12 months from July 18, 2021 to July 18, 2022. BACKGROUND AND FINDINGS: On July 14, 2020, City Council approved, through Resolution No. 032115, a developer participation agreement with Walker Holdings and Development, LLC, for the construction of two new C-1 collector streets named Silverado Drive and Emory Drive respectively and oversizing improvements to three storm water drainage channels in conjunction with a residential subdivision named CaIallen South Unit 1. As part of an economic development initiative to incentivize residential home development in that area, the City has agreed to participate in the construction costs associated with the road and storm drainage improvements required for the new subdivision. The street improvements for Silverado Drive and Emory Drive include constructing the streets to a C-1 Collector street standard. The City's participation starts at IH-69 and runs to the first lots in the subdivision for an estimated 618 linear-feet for Emory Drive and 632 linear-feet for Silverado Drive per the approved plans. Walker Holdings and Development, LLC is requesting a 12-month performance date extension on the Participation Agreement to July 18, 2022. This project is currently under construction. ALTERNATIVES: Deny the request. This may result in project delays or cancellation. FINANCIAL IMPACT: The total estimated project cost for the streets and drainage improvements is $1,948,535.33. The City's participation amount for this project is $698,177.56 funded from an approved 2016 City Bond. Fundina Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Staff Recommends Approval of the extension of the agreement. The agreement is helping to facilitate the build out of a residential subdivision and associated infrastructure. LIST OF SUPPORTING DOCUMENTS: Resolution (with exhibits) Presentation Location Map Resolution authorizing a 12-month extension of a Participation Agreement with Walker Holdings and Development, LLC to expand, extend, and construct Emory Drive, Silverado Drive, and improve Stormwater Drainage Channels for Calallen South Unit 1, a planned residential development, located on IH-69, south of Northwest Boulevard with a City participation cap of$698,177.56. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute 12-month performance date extension to the Participation Agreement to expand, extend and construct Emory Drive, and Silverado Drive, and improve Stormwater Drainage Channels ("Amendment") attached hereto, with Walker Holdings and Development, LLC for a planned residential development, Calallen South Unit 1 , located on IH-69, south of Northwest Boulevard. 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 AMENDMENTOF PARTICIPATION AGREEMENT This is an amendment to the Participation Agreement,attached hereto as Exhibit A and made a part hereof, Document Number 2020031035, originally executed July 18, 2020 by and between: Walker Holdings and Development, LLC and the City of Corpus Christi. NOW, THEREFORE, in consideration of the mutual covenants herein, the Parties agree to amend Reimbursement Agreement, Sections (11)(3)&(27) as follows: Section 11. DEFAULT. The following events shall constitute default: 3. Developer fails to complete construction of the Roadway Extension and drainage improvements under the approved plans and specifications on or before July 18, 2022. Section 27.TERM, This Agreement becomes effective, is binding upon, and inures to the benefit of the City and the Developer from and after the date of the last signatory to this Agreement. This Agreement expires on July 18, 2022, unless terminated earlier in accordance with the provisions of the Agreement. All other terms and conditions of the original agreement remain effective and in full force. EXECUTED IN ONE ORIGINAL and made effective this day of 2021. CITY OF CORPUS CHRISTI WALKER HOLDINGS AND DEVELOPMENT, LLC Al Raymond III, CBO, AIA Lance Walker, Director of Development Services Member/Vice President APPROVED AS TO LEGAL FORM: Buck Brice (Date) Assistant City Attorney For City Attorney Participation Agreement Resolution to Amend Participation Agreement For Calallen South Unit 1 to Extend the Performance Date with Walker Holdings and Development, LLC City Council June 15, 2021 Master Preliminary Plat _ I 2 Location Map I 4 40"PON NEY r p Project Map Streets ry SeCta - Participatiohiiveradofor City a` k Section of participationmory rive for City e _ 4 Project Map Drainage .n:ef Cial I-i:YO fll ii,= � Clanrei A -r YiiSa = t 5 Recommendation Approval Staff recommends approval of the developer's request to amend the performance date for the Participation Agreement with Walker Holdings Development, LLC. The extension of the reimbursement agreement is in accordance with Texas Local Government Code 212 and supports the Northwest Corridor development initiative. _ ;o VT •,gym , - _ , 4. rtF Calallen South Unit 1 Abstract 592 & a of almGa�lCI 117-2�r Acres MUM"" z . LOCATION vmi C,rr►�u SC �o _7.h of Off' H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting June 15, 2021 DATE: June 7, 2021 TO: Peter Zanoni, City Manager FROM: Brett Oetting, President & CEO of Visit Corpus Christi Boettinq(a�visitcorpuschristitx.orq (361) 881-1877 THROUGH: Heather Hurlbert, Director of Finance & Business Analysis heatherh3(a)cctexas.com 361-826-3227 Amended and Restated Management Service Agreement with the Corpus Christi Area Convention & Visitors Bureau (CCCVB) 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 is a summary of the proposed changes. 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. Revised 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. Revised 10.5. The CCCVB will make recommendations to the City Council for lodging, attraction and restaurant industry and 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 from the provided list with consideration of nominations by the CCCVB Nominations and Executive Committee's and Board. Revised 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 lodging, attraction, restaurant industry and 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. Revised 10.8 first paragraph. 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 Council approval. Added 13.10. The CCCVB must create a Legislative Agenda, which will be approved in accordance with all State law requirements prior to the start of any Legislative Session of the Texas Legislature. The CCCVB will create a Legislative Committee with the responsibility of drafting the Legislative Agenda. The City's Director of Intergovernmental Relations will be given a seat on the Legislative Committee and invited to participate in all meetings of the Legislative Committee related to the drafting and adoption of the Legislative Agenda. The President & CEO of the CCCVB must present the final Legislative Agenda to the City Council prior to the start of any Legislative Session of the Texas Legislature. The CCCVB will provide the City with information related to lobbying that is required for the City to meet its reporting obligations under Texas law. 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 Amended and restated Management Service Agreement- clean copy 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 1 of 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; (1) 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 2 of 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 3 of 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 4 of 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 them inimum 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 5 of 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 in the current fiscal year. The amount to be paid to CCCVB is referred to in this Agreement as the Contract Amount. 8.2. Annual HOT Revenue Budget: The annual budget set for coming fiscal year will be developed between CCCVB and city Budget Department and will be based on prior year actual HOT collections and budget forecasting modeling. 8.3. CCCVB Annual Budget Approval: CCCVB will present the budgeted uses of Hotel Motel tax to the City Council for approval annually prior to the adoption of the City's operating budget. 8.4. Payment Schedule: During the term of this Agreement, the City shall pay CCCVB for the convention and visitor services provided under this Agreement on or about the first of each month. The amount paid on or about the first of each month will be an amount equal to the HOT share collected, as defined in section 8.1 , from two months prior to the payment as illustrated in table below. In the case that the HOT share is expected to exceed the budgeted amount, a budget amendment will be presented to City Council to allow for the payment of collections in excess of the budgeted amount. Page 6 of 27 HOT collected HOT Share by City paid to CCCVB August 30 October 1 September 30 November 1 October 30 December 1 November 30 January 1 December 30 February 1 January 30 March 1 February 30 April 1 March 30 May 1 April 30 June 1 May 30 July 1 June 30 August 1 July 30 September 1 8.5. 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. 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 Page 7 of 27 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 continue to provide services as provided for, and for which it will be compensated, under this Agreement. Page 8 of 27 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 24 members, 17 of which are voting members, with 13 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 their designee; The City Manager, or their designee; The General Manager of the Corpus Christi Hooks;and The Director of the Corpus Christi International Airport. 10.2. 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 ex-officio advisory, non- voting persons to assist its board of directors in fulfilling its obligations. 10.3 The City Manager, or their designee, and Mayor, or their Council designee, will serve as 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 will make recommendations to the City Council for lodging, attraction and restaurant industry and 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 from the provided list with consideration of nominations by the CCCVB Nominations and Executive Committees and Board. 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 lodging, attraction, restaurant industry and community at-large directors must be promptly reported to the City Council. The CCCVB Nominations Committee and Board shall go through the Page 9 of 27 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 Council approval. The CCCVB agrees that meetings of its board of directors must be open to the public, and the meetings may be closed only when the board determines that an executive session is necessary for the purpose of discussing agenda items that may be discussed in closed session in accordance with the Texas Open Meetings Act or proprietary information that typically would not be public under the Texas Public Information Act. A copy of the agenda for each 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. 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. Page 10 of27 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, 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. Page 11 of27 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. The CCCVB must create a Legislative Agenda, which will be approved in accordance with all State law requirements prior to the start of any Legislative Session of the Texas Legislature. The CCCVB will create a Legislative Committee with the responsibility of drafting the Legislative Agenda. The City's Director of Intergovernmental Relations will be given a seat on the Legislative Committee and invited to participate in all meetings of the Legislative Committee related to the drafting and adoption of the Legislative Agenda. The President & CEO of the CCCVB must present the final Legislative Agenda to the City Council prior to the start of any Legislative Session of the Texas Legislature. The CCCVB will provide the City with information related to lobbying that is required for the City to meet its reporting obligations under Texas law. 13.11 . This Agreement takes effect upon the date of the last signature (the "Effective Date"). Page 12 of27 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 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, Bodily Injury and Property Damage required on all certificates or by applicable Per occurrence - aggregate policy endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form 2. Premises— Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury CRIME/EMPLOYEE DISHONESTY $1,000,000 Per Occurrence Contractor shall name the City of Corpus Christi, Texas as Loss Payee HOST LIQUOR LIABILITY $1,000,000 Combined Single Limit Applicable when alcohol being served 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 of27 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 of27 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. 1. 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 of27 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 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 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 # Description City Performance Report (CPR) Page 19 of27 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 EXHIBIT C CCCVB Bylaws CORPUS CHRISTI CONVENT"s_11%aslroks AukrAu CORPUS CHRISTI AREA CONVENTION & 171SITORS BIJZEAU BYLAIWS ARTICLE I—ORGANIZATION 1'1aTylp Offices is `1-iristi Area t-',-,nvention& z As-, bi.zines -iridei-the name cr1 -hr --i L %-I- -- "u~•=a'_..7, -1, _. -�'i C'hr isti Coriveri�ioi sito� 1,it C o! -I s C'hr sti." The r- -t,,,i t i-n will be referred to as the G'1<" ai t hi S docuni Pri t te CC CV B's offices 1, ts wiII be located in the C 1 t v _r�,u- _1-ati 2. 1,11 ssion. The mission of the CCCVB: is to positively irnpa,: the _-it;.,'s economy by marketing the city a, tr_ir-' d a 1 1 on. F Re sD ons ib i lit T f 1- I a• _1 the CC C' .3t) Th..- T-•oird of'_)i-,---t(-,-- n-.-J-,- la-,,Tful an,l provai_'n : for scurj,a I-,-,v al an "I:-r It i la tri P: ad lcl Ll 11 ir,le t 1':1'- t'�" I 1 (4 :ttiv71th the Of -'-ieCCCVB, inaccord.a.--c- state laws I. T-3y:as and Federal Law. The CCCVB is a non-profit corporation organized -in-or the Act, The CCCVB has obtained from the lntp:-nl Pev enue'S,7nT lee, maintain, an exemption from federal income under section the Internal Revenue Code. ARTICLEH —BOARD OF DIRECTORS I- Composition- The affairs c-,fthe CC,_' E _-11,al 11,11_t(Drs, which shall be composed of twert- fc-ur(24) Thirteen (13)w,,I' be se I ect e_ .1 ir-- by the Cit; f 1,1 _f 11 The at) to a�-'urp d 1..7 pj-"n o P,:,o na['I 11,_- rp S P: 1:, -ard. The members shall lie w : :Ary Three(3)members from area attractions Page 21 of 27 '"-HC' C i WTI C ONWN T K)N,V1511045 SUREAU five (5)memb er- ft,_it c- 11-- it i-i.-,-1--v '.it DAo(2)member Ll,_,iii tlic i--I it T1.• fnlL1r`in pet-Fc)m nr entitle-s, c,q-thrir shall senle as additional voting members of the Board by virtue of positi,-cl held I Mayor of the City of Corpus Christi, or his or her designee I City Manager of the City of Corpus Christi orhis orher designee I President&CEO of Whataburger Field I Director of Corpus Christi Internation a! The f(-I Ir-Av inr•-r-,')ns or ent:-ties, or theil__ e11LIL_v ts, -I alt - t .1__ additional non-v otinS ri-it-i-ribers cd the E oard by iirtue of positron held 1 State F'epispntative from district 32 or his or her de_,i-,--nep 1 State Representative fr-,nid.--trict 34 or his or her designee 1 Dir-t,:i_A renal.Tnanzp crt ati on Authority 1 Pt-�ldt-tiit,& CED ut P,_)vt of CC or his or her designee I President& CEO of CCREDC I Gerj,7ri I T,4,imi pnr of Arr-I f-,,in R,-ink Center I Athletic D T_Q-,JJT-_'C', or his or her designee - Director Terms Appointments to the Board wl11 be staggered, two-year terms inning on 0 ctob er 1 each year. No person may ser7 e as a voting member of the E_)ard for a period longer than six y ea:,-, c:m secu--iv el _U i I ess su cl I -ty 1 ce is _erjured byvirtue ofthe person's car title or to complete an term. Tf-.,7 L,-lani may make recommendat.,:,n- to the for I___-t,Jrs in the -attractions and at.-1 it s.--tnnz e,plre,but -he Foini -1-all nominate nno rn-,P, t-ijuidi.a' -liar fln, n amber of v, _l ate ry The U ty :iI« iii prow icie cons,,ieration to --he P,_ar,T_s but is not t,-, e.e t.ni-inbers su,t-,initttd by the Board or qtvv Yj,�r group. -!:-I(-P, rn,-r,7 than �,,71- -f . ( s enc e s Ui 1,7 P d a h r�It e M. t , tzl'-1-1 l ear -hal' _-7-ilt in an v a,_:-i:- ,'%v titch u acancv shall be Page 22 of27 - Cr ylT1 CONVENT NON;Vt51 MKS Ault EAU -I iln,u-- excused by the Board,fo:'food cause, no I at erth Lin its rrrvt n.—tiriF rier any absence. Any member, shall not be precluded frorri reappointment by reason of such automatic vacancy. 3. !'Prrps-ntatinrl. When any r!l:,,7,,-t-)r who was aprolrit,7d to represent a -I' Ind Ll stlT s P-n-i-i it I's no I on' el n Ic" ed itl T1 at segn-lerlt b-'r a A 91 consecutiveda7, :,rriirr-, :r if a Dire._ r h 7 1_7 P tail F,t,= rn P P t the :1 u a I I f 1,-at 10 n S prescribed by th,-se ELiws f,-,i, T a5 a Dire A,-it,, said L)_---ectcr _Hall tk,rte-t 1-.1-.'hpr--Pat -n the E-ar-1 LL,-ardof ca-e ri,-r,-tin-tPrl-ah1,7 In tL,7 of a F--,)a r I of D ir t,-,t- the vacant seat may 1,:-,t tnan-.-.f,7 rre d to 5n:-)tl-',-r individual from the vacating Boar-1 ninnY-,er's c-,ri-y r or aniz ation. 4. Va,-,I:i_:los. In tl e event '.Init-a Dirtc,ur t,_-1 tit,: h it- _,r utherw ise resi.,n, (_r 71 vac.::es'— his or her posit:in, L-ie F'haln-nan -h 11 notity the _ :hat he Clt%'' 'Uu.,i-:il I i it 'Ll I't"I-Lict-li.-J, tt- L11t.puLlItiul i for'-ht t.0 -Pgrnent. The Tia2-1r,;n 1_1L) t to 1.:t f 1,2 -l- T t1 7 1 L I I'P,-t' I' S�Jall t`-1e--1 I--)Ill"la1t ptl"L�_q L_j �Jt --c' tl-- -'6v I it pnt.;',I -an1,.1at,7_- to fill the renia 1n,J t the u nnvp ir-1 :ern-1. T1-1e ncrn inat I Dri s Shall N?.Lly ; t_41t lilul't llidnldu.i than Llit nwiibtr iA vuv_itl p(_,sihons available. 5. Meeting The Board of Directors shall meet.regularly at a sp, cified time and date selected by the Board of Directors. �majority of the D irert,-i- ri-li-i_t I-e:,resent at a regular or special Board meeting to constitute a quorut-i i tC r t`j tr it i:-,l ction of all business. 5. Otrdifir,,itions, Each F,-rortcr elected to repi-.-ont the jr I restaurant industry, or area at-racticris n-_'-i-t be al, -iwrjer, q--atcr, a rfna ni level)in his or her t1-- -hilt A lit, ur 17- ii :i,.i, - and thri-u�,-niut hi- or he~tz=. as a L jr,7 t 7. _)tit r E-c-Lit-1 acti, -i -.11nill ht Lal: ii only up,_q i t,..,rmat vote of the Din , I :il i duly coi -titute.:i t I- j 1 1-1-1 1 �T f the Direito a af a- - j dul"T 1:jet- t j ls.pre--t-t constilute an act of !'je Board. S. and F ]lit--es It is th" a) Commit to the mission, goals, and :-,ng-range strat-'3-lc plan c,f 1e CCCVB, b) Attend all Board of Directors meetings, including special events and Board retreats; c) Become knowledgeable aboutthe CCCVB and its efforts, Page 23 of27 COR VS CHRISTI CONVENTION.;Y154 rOR S BUREAU d) Prepare fri-an,-I nt -4 Direct-,I, :Y_ j 1-__T well- informed on a 1a 17,7 tl-at the E.-a! :D ire io-, i-_, en--u-7 -Iia,the org.�nj7atj-,J-1 s�.0 ell I man a,--ri, not to m ana e the ail 1 7ati Orl 1 - - ori, Z I f) Obj ertn-ePand -rn--1,71--ti-usly ccjn-_-.Jer itl-pn-7 points-of-view and male to hell: th 7, E, - I :a r 1:1 of Directors make d ec 1 ri-*hat b zn P f it th, whom th e C __'%1 B ser,. es; Be in t-n ai-.,---i a' s t a n ing with the C C C7 B; h) Serve teals p I and :up port the decisions o f the Board of D ire ct,-,r-- once the. are rn ae 1 7 an fl-,r the ti un-n-1 1ndtistr%- an, representthe t,:. individual the public an d other c,r:1 a r1i 7 ati ons in a positive mariner, J) Notify the Pre-1kJ,7.nt/CE0 of ariv med,: -onto and k) T a—k e an a c t I T Y 7 role _n E Jaid f E11e:-.:1 ac t i-i-1 eS 9- Board Conflict. Each B D ard Pr shall 1: 1to sign a conflict of interest disclosure statern ent in the ft--in r i_-i-i-,e!1 -,:,- I-e E,-31 nd- 10. Code of Conduct. Each Director has an obligation to give hi-,`her input into any SUL P,-t 7 l-,- --p(: the -ard. Each member' input should be s 0 1 -.l d be 1_11aile tt, feel his"her -ontrit Ulm is valued. B alued- R j I- e:-I-_-,e1_- :u t-,r-1--11n r P,:t.t u I aria F-r-fe-- r a I at a I t, ) I I Ti thein i-. a1..:1 -11-1cul'i rl,_t _Al_-) a,;,znd-,iS or conflicts to 1nt",_1,71 ir y :...::1_:::r:_ --I-I- I e I L el I I I f of C C CVE. ARIWLE III OFFICERS 1. EltLcticns _Dffi_-:ei ct t'ie E,Jard may e1,: by the 7.,A,,7niL e-r nieptin.,-- for the n-7.- fi_al __�ff.12er_- will be: Vice Chair, cSP_,r,7tai-Y an, " Treasurer. Earp -4fi7r -hall 1-7 a member of tnp tl1,7 -1-dion- Offizrz, -hall sei-.7p `..r 1 te7rn -A- ine year, -,r unt,l -n,7 of L1,--,7,-t:r- elects officers for the succeeding fiscalyear. 2. Vacancies. In the ev r-T-1- I-, r---i=;l'at n of an e1-:ted ff 1—r f the' Boar], -,1- 117 the -.7-nt of f (A the i I l [f- 1:! It-1 rtl(-I-II_ above, or i t j t i j t, ev t,i i L f it '1,1,11 1 1,1 :c:;11 :11"v s1 1, I-ed )th :�,r, the C li.;i ini�i ri (subject to rat 1 t 1 r at 1 r.n by the.hon(J E :n:-t,..-, shall app o 1 nt a rn P rrib er Page 24 of27 COR S CHRISTI CONVFMTPON.,V1.51TORS BUREAU of the Board to vacated office to serve the remainder of the unexpired term. 3. Chairman, The(`h--.i1rman will ,t :-il! tA,1,4�rigs of the Board of Dlretors and the E--cutive Con-ir-nit-e He cir she i1i111 have and e:7Pr21_-P len al charge and super-,,,1,31on of affiair, of the CCCVB, subject to t':ie dir-1:0n of the D..ird The Chaimian wilpersons to chair all standing and ad hoc ccn-A-nittpes e Bylaws or the Board of Directors. 4. Vice Chair. At the request of the Chairman, or in the event of the Chairman's ahs�,n ce or di _,-, 11y, the Vice Chairman will perform the duties and possess and exercise the 1 of the (."iair. 5. Secretar,,-. The '2e.-r,7-ary w7 1.1 7,-,-i:,-e -1-3- tl-.,7 rec=:r:1= it the CCCVB are properly kep, T�ieSt-t-t-4.,r, ul i -it--,ill of the Board ofDirectors and the Ee_-t:-iv e --t -,t t: ,7 —1,-D arn re,,rd eJ. 6. Treasnire-. T h e T re a:i r, - -1,;11, ;.1__11-e that a I I ti:ri--L-,, y rny orty and s-1-in�1,- =t 1-1e C(:'f1VD are proper':; Inept, sut lett to any 7-ula-1--n- irnpo-ed' '--y the D,-,ard of D11---tors and will rP7 ,v th 1 e1 e:zPense the pro.-'i-lont 1-.e Treat _lt' shall -Lit audited finai-i,::i-,fl is prepared. The Treav_ire- shall at Boar I meO-ngs in the absence of t`ip Chair and Vice Cha 1r. 7- Presi,1ent'i_'EO_ The Board f sl--all emplc•,• a dut.l,z pe:-fcirmarice reV1e177 .2-111 will el__Tluvrl-1rt contract between Lh,7 V!; an,3 the Fred Jzntl 1_'E 1_j. Th 7 F-.r e-id 7 1--UCE;-, -hall be I the -ifficer -if the 1_,(_',__'VE; 7-it shall be arhi-i ini--ratiu e 1, r,7 L-pon b 1,7 tc,Lh P E::e_it 1-e and Sh a:I s eny e as an ex- o ff I--:10 1--C e1-of the 2,card of 1�11'eCtol's ar,d I uut-.-in-n-tees, ARTICLE IV—COMMITTEES 1. G Pi-ena I T h P Board of D-rp ct,-,i--.rn ay establish such con-2-rntt e es fro--r.L�m P i: time it deems nes any f_,r tli,� f_P211111 Al (-,f the CCCVB. The Chairif nil I A iLd I ,lppoint the met-1-1 el's Of e--kl In 01 1 11 ittee, 2. E-_1_itiT1e C-r-tri-tee. The E7ec1_:-!-.? CorrTiA-- p comprised of the fcur oft-",:q-s 1.1 11= `a_,or faria,-r, rx- their resj e-,t iv e des 17ne es- If requested to do so U,1- the C°1.-1 -1 1rnn7i,_--d_-ate- F,a--I- �h a-Irn-1 aii, if still a rnzrnb of the shL-i11 be '!D attend E:--pi-nitive Ccminitt -w---l-li:-i, Hi Board lea Jprship, but, -h-,F nct hawe ariv r:jlit tr -.7-tp Tl-.p i.1.J,_!,[.,1_,_ .--1:..1 -a*-*P as member of the Executive Cui-A:iiittet. Tlie Executive Coro-nittee shall have L—id Page 25 of27 RP US CHRISTI '014VEMTK)N. VISITOR5 BUREAU a 1 -1 the i,Al,:,ri,,,.T -if th,7 D-,,-T-1 -if in th-7, m,I-—_T n--,t -if h7 ,t _7 e I- I e t.rl it-,1-r-t tc, T n PPr,.-- =f sl v-h al_l.th,:I-t-,T Ui=• - fli:l Eard -if 'I)_Jll[ Lillit "u t.ill-- -Ijt� Ill :_,t'n,_jn tA t.1—, i Lit R^iti.ut.v, Utt I'lit"fit.�I'Z, .11Wtr� �1 f l a: d a i I AIIAI ,JI, the act of a rn' jr.v -,f the EecutllJ,7, -1-1-rljl�- 7,1--f,I-e- nt t aj �t,! _ -- 1 Inep M at-,.,,Th-_:h there is a ±.alll'-,e th,e act --,fT-he E:,-e7__A_ve 'orru-nittee 3, Nominations Committte The Chairman shall appoint a Nominations Comri.i H, A f l7,7 :� I-,!- f,:,I- 'lie z t1q,i f Ip- -,,I I-a I I - 1 1 t I-_ _'T I the L =---d'.1 A L 1 _7-t-,I- _j:I-th,j 1-, 1-1,- t -I- .1:-,7 11-_ t _71- f -1-1 j Thc -,hal :,11-H .;T i::l;i:r_- Its Ij(TIAT-:1,1, T_ r 1i 4F+ t ap f L r,7 r- s i a �Ippn:.T" 7 an A da'e- —h,7, date =- _ar,` ate= te =_er*ed t,-,the t-.,T o f t-1 cq)us ChriszI as t L-F,(-,arl 7 1 1 t T f0I_711• _J'Ml.,dr- exp irin g, The slat~ .hall alaT lu a to the nurfiberof 1-t iinii--nAiJn,_ shall be subl-nit-ted t,--,Lie oar ofDlrect,Jr-1-17 ri,-, latlate:tlian Au�:l_ for appro-,-al -if t-ie slate --if a ndi,lat at the - Aug ij s t Board o f D ire-t ors me et In;. 4. Firlat C,cv_-Jrr:Ift.-, n Fir-ri re -, .l:T i 1l ::I i:i'. I, itr.; Treasurer and from hv,-, L, fclz Jf tLe a f ouited by the Chairman purp-P -c t'.-IP Flnan-p -,-.--r7-7 :he finances of the CCCVB, M-,tl:tr,r and 1lp f-i-ian.-I p ar,,` pi-ccedures, e7alilln't. _udlt. I,.lzv; an ie I D"i 111 t�._lt. ,_t the annua I budget 1_. -11,7 -:h � n ra-t,7i a s n :i f i. i Lnl to tii-np'I-3e aszlgied. �ii _-.1 hall, - 7u- Wier i 5. D, IaT.T.Tz, _%-mrnitt I a Fj-,:-fl 1 t t;-.,D .7,1 11-,,7 =pri— -if the Vice Chair and Y ia - , - .1 r 1 1 fr,-,I-n t,-, t.-jr,7- 11-:Ii}} =f t1-1- Enj Z 11-,7,-_t C,I— a U-, fj 1,_, t1-:e ('I-, lht�p!_q jse -A tll,�Bvlaws Ct-q:111-11tt-ep J.all J_1,�LyLiwiz if U-e The P v Li 117 Jrn I-i I tt P e I-na v 1-1-1 a k e nini ed[tan rs,j f-lie L,,,I of d p I,e s e-n t to the boar-1 in accri-dirIg to city con-r-ac'pi-i—sses-The ,mmittep al-sr,re;•I T I tj-._7 city cctractto en consistency ttTTTeen the two dr,_m-.,:,rits. 6. 0&1,-1- -,r-mittees. The Board may cr—tp ad, tlial ,nil-filt-ees by Reso1litV-11 ad, I I.-tie to time stating the dutiea_j:l SI1}: I i ('cl:-ill i flt,- Page 26 of27 o C CHCONVENTN.Y151t0R5 SUkEAU ARTICLE V-MEETINGS Regular Meetings. The E,jard shall conduct regular meetings according to a -,1edule adopted by the Ec,.ird. The Cl.alriin or any =ive (5) Directors may r-p-it-I [lie 1tary all i1 _ D_:the E _ini. The Se,_itary shall p_i,Ide at least Iin -1':"ration _ f: ion f,r ,. ..rasion of any s.t yect or other activity Vjj-j:-11 3, Telephone or Elertrr)nir ho P T_ n-iav atticip ate :n a -ri�etlng of r,irtto y I: r:f T lit!;" YLAIi, X Pt U I - can hear on e anc t I- --r, i n,J t t I on in a n-.PP:ifq1, p01:-:_AII[ -mll- —ti-r -1-nill cons'l'.iitp presence in _11 -11". 1 • 111 rj;T for th P Pr: ro- r.7n 1 1 f any l n-in?:; on E,:7 mell I}�t 1,111:Iy it I t I I I aura rtrturni_t thl-tt ( ip-per tl",;�' Y'Lal, P7,:-pt �i� pLri--iiJ the -Ti.tiri-nan, -) till �L - -- .. - - - .. I- 4- Rules of Procedure. The Board may adopt rules of procedure for participation in its 1,7 ptjlj�11. ARTICLE VI-FINANCIAL PROVISIONS I i-ati-n. The C.(7CVP, shall indemnify ar. savp harmless each present and and `)i --tcr a._zralnst all -latm-, I ani .7-.,T P rl seS in hir asserted with-nnect on an%� cause -) --til main:'main:' i-I-Tia- fromI I f a-tion or clam C C,011 t e to the e- -ed in any w.iy vith his s�rv- -e b- -h D71- �'E, e full -t �:ftrnt jutlp-r.7P,I by the laws =t the -tate -,t 7,--a-��71tll 1',7,;,af(j t,-, profit corpo:--at I 14f-ithp,- a,-tion or A fl-.e _z1,-,a:A A L:ai-tcvs Slhi K be ne,sary to The,__'i .„_,,F.may, in its purchase and main-ir, Insuraric,-,oranot�'•ier arrangemEmt, at.its e:zi ensp,to t:�rrltt,-t its-If and any direct-r. officer,employee or went of the("C r'VE '12'ainst any expense, loss,whetherct—_--h- ,vcul,i p,ertc, indemnify such cerzon against such e:;pense, liability orloss undt_-_ -":-.17'.aw. 2. _w.dit- TheBo.i-d -,f Directors shall annuall:, select certin-d public ac--caintantto supply all independ'-1-It audit of the CCC'11D books, and such audit steal' n-ilvle Page 27 of 27 C R CHR U15 IFI cotwEmmw.visi rests smoku 7 rnt, f h,B-,.rd ARTICLE VII—AMENDMENTS .--t an !-egi- ar meeting by a vote of two-third-.-, -f -dl the Directors, of su,-:hpi',)posed an A: J-all I i-,iiebett I each Director at le --t I- t,Pfore such me-ting 1,T,-, Lu-nendment -hal' be firiall-; '71ffe,-tive unless and -intJ I wn7;on notice of th,, .cnendm,-rit ha-- been on to the City not less than 60 days prier b--) the effective date of the change, and (2) the City has approved the amendment. With Amendments Approved by Board of Directors on June 25, 2020. R esp ectfu Ily submitted by Secretary S ignature Date Page 28 of27 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; Q1 lu 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; (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; (1) 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; rolatinnchiPS With tho QGFPi is Qhricti Cictor Gitioc 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 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 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. 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 them inimum 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. 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 fnr the GGwQ'G irron+ fiGGal „oar b t city GG61Rnil by C?ocnlutiep We. 29427 nn May 22, 2912 ("SGhlitterbahR"), diyirl m9nfhly paymeRtG r19c6nrih991 in SeGtinn Q 'n the current fiscal year. The amount to be paid to CCCVB is referred to in this Agreement as the Contract Amount. 8.2 HOT Triggep of Ree � �ChG !d HOT ror tc roroiy by the Gity fer the �r��--ri�g9c�--vr�zcrre�} cce�-c�r-rcccrPe�--rte �rvr $19,999,999, 0 ba hyihiGthe HOT FeGeiptS fell�h gni $19,999,999. ci ibjeGt t fnr�oi ir�f HQ belew $19,999,999, the Gity may teffniRate this Ag. at. the ein.dd ef. the then-r-,wrpntGity 0 To4.;;G T.w Gede 8.2. Annual HOT Revenue Budget: The annual budget set for coming fiscal year will be developed between CCCVB and city Budget Department and will be based on prior year actual HOT collections and budget forecasting modeling. 8.3. CCCVB Annual Budget Approval: CCCVB will present the budgeted uses of Hotel Motel tax to the City Council for approval annually prior to the adoption of the City's operating budget. 8.4. Payment Schedule: During the term of this Agreement, the City shall pay te-C£ Vg �,meq al LPA t9pe tl.yelf+h t9f the ARRI,A.l AR:196,,,+ Payab'o +„ CCCVB for the convention and visitor services provided under this Agreement on or about the first of each month; PFev+ded PayMeRtS eaFly OR the year Of the PayMeRtS are justified by GIGG61MeRtatiGR previded by GGGV6. The amount paid on or about the first of each month will be an amount equal to the HOT share collected, as defined in section 8.1, from two months prior to the payment as illustrated in table below. In the case that the HOT share is expected to exceed the budgeted amount, a budget amendment will be presented to City Council to allow for the Payment of collections in excess of the budgeted amount. HOT collected HOT Share by City paid to CCCVB August 30 October 1 September 30 November 1 October 30 December 1 November 30 January 1 December 30 February 1 January 30 March 1 February 30 April 1 March 30 May 1 April 30 June 1 May 30 July 1 June 30 August 1 July 30 September 1 8.5. 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. 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 (1) 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 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 of47- 24 members, 17 of which are voting members, with 13-Gf ^ "�h—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 their designee; The City Manager, or their designee; The General Manager of the Corpus Christi Hooks;and The Director of the Corpus Christi International Airport. 10.2. 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 ex-officio advisory, non- voting persons to assist its board of directors in fulfilling its obligations. 10.3 The City Manager, or their designee and Mayor, or their des Council designee, will serve as 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 CCCVBwill make recommendations to the City Council for lodging, attraction and restaurant industry and 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. The Gity r;^„r,^il Will nAGA,idt-9 c6or�����r to aGG\/B 9r ani, etheF gFe6ip. The Members#r9.M. thia GE)mmi at Iar� ge aproTtMeRtS Appointments will be made by City Council in its solo rdic^retienyVifhni tfrom the provided list with consideration of nominations by the CCCVB Nominations and may be Gity Ge61RGi1 membersstaff nr nffi^ialc nr�d•epts of the Got Executive Committees and Board. 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 lodging, attraction, restaurar�L- industry and 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 CityManager at least 60 d W&Lwo weeks prior to t#e+r e#ec i date. 1f ^"^-ryes to the adoption of the bylaws by the Board of Directors. The City Manager may reasonably object to changes that are not ` ppFeyed by Qty C;C=) in^i1 Ieiithin the 69 day peFied they c;h.;11 Apt he effo^tive 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 Council approval. The CCCVB agrees that meetings of its board of directors must be open to the public, and the meetings may be closed only when the board determines that an executive session is necessary for the purpose of discussing agenda items that may be discussed in closed session in accordance with the Texas Open Meetings Act or proprietary information that typically would not be public under the Texas Public Information Act. A copy of the agenda for each 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. 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, 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. The CCCVB must create a Legislative Agenda, which will be approved in accordance with all State law requirements prior to the start of any Legislative Session of the Texas Legislature. The CCCVB will create a Legislative Committee with the responsibility of drafting the Legislative Agenda. The City's Director of Intergovernmental Relations will be given a seat on the Legislative Committee and invited to participate in all meetings of the Legislative Committee related to the drafting and adoption of the Legislative Agenda. The President & CEO of the CCCVB must present the final Legislative Agenda to the City Council prior to the start of any Legislative Session of the Texas Legislature. The CCCVB will provide the City with information related to lobbying that is required for the City to meet its reporting obligations under Texas law. 13.11. 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: 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 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, Bodily Injury and Property Damage required on all certificates or by applicable Per occurrence - aggregate policy endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form 2. Premises— Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury CRIME/EMPLOYEE DISHONESTY $1,000,000 Per Occurrence Contractor shall name the City of Corpus Christi, Texas as Loss Payee HOST LIQUOR LIABILITY $1,000,000 Combined Single Limit Applicable when alcohol being served 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. 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 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. 1. 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 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. 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. 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 # Description City Performance Report (CPR) 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] EXHIBIT C CCCVB Bylaws CORPUS CHRIST!AREA CONVENTION .P_ VISITORS BUREAU TT RVI AWS ARTICLE TIC E I ORGANIZATION NI7 A TION " *z4is deettfneiit The/''/''/''VB's offiees ;11 leo l oe4e a ;„ t4e City of Ger-ptis /ter GGGVB is tA-positively nzcz-the vrcy `Tccvnvziry by A R'TI!''I E R A SSO!`I A'TES G members f.,.v, tl,o eomfnt„;ty .,t 1. go 1 City Manager- of the Git-, of Ger-ptis Christior-his hef:de-.*,t,too The above members shall ifieltide persefis f+ofn all areas of t4e Git-y ifl order- to asstir-e as fna-y be designated by t4e Board by r-esoltA4ofi. 2. Direeter- Terms. Appoifi�mefits to t4e Board will be staggered, two yeat: terms begififlifig p( -sen''s posit-fm or 644 or to eemplet2-an tmeipired tefm. The ao ce tme?ietised tmiess eietised by t4e Beard, for-good ea-use,fie later than aftef Bylaws for- set=vmg as a Pir-eeter-, said Pir-eeter- shall fer-feit his,lher- seat eo t4e Be member'seempany ,t; level) iii his or-her- or-ganiz4im at the time of his or her iiemiiiatioii and tht:etighetA his e her-tefm as a Tl' et, 9. Board Roles and Dos,.eiisibilities. R is t4e resp. s;l„l;ty of EvEfy Pit:eeto -t6. a) Geffifflit to tic-rirrsrii l,, geals R+ld leli. r-a-Hge st+ategie !''!'GN IB Attei}cc-all rBoard rofvcrcEt6r-s spcEial 2vcRcs-ccircc B, -,7 et, .,t. Prepare for and EEiirrbctE-tA-Board vf �b EHigv2ll 0 REE6giir 'tczrrcBvccraerDirEEt9r-s-j-vv-i.rte cascir2t4a+ 0 0s; b�g good fiiia-neial staii diiig ;tl, the CG -'VB zt , erre-a=-a t aiiee t4ey are made; maHiief; r Take an aEtivrole ;,, Board of Tl;,-cEt6I:s aetivit-ies. behalf of GGGNIB. ART-W E Al OFFi�cS , by t4e board of Direeters) shall appeiiit a member- of t4e Board to t4e vaeated offie affairs of the GGGNIB, stibjeet to t4e dir-ee6eii of t4e Bear-d. The Chair-man will appoi-R4 disabilit-y, the Viee Chair-man will per-fqrm �he d-u6es and possess and e*er-eise the powers e�1the abseiiee of the Chair and Nl; ARTICLE T EAl COMMITTEES tt,e f,11 Board of Direetei•" f+ofn t;,„e to t;,„o The pr-es e1iEe-i�F ree-o • assigned. ARTICLE VT MEETINGS rTI GS e6iigs with other-gi:eups fna-y be arranged fat:disettssim of any stibjeet or-O�her-acti '7 �grr A n TTc-T E NIM RN A NC-i A T nn nvicioN less tifider-Teeas law. fnember-s of t4e Bear-d. ARTICLE E AlM AMENDMENTS CRI U CHRIS CONVENTION::Y151TORS BUREAU CORMS CHRISTI AREA CONVENTION & VISITORS BUREAU BYLAWS ARTICLE I-ORGANIZATION 1. Name (Dffices. The name of the corporation is Corpus Christi Area Convention& 17it 1:1, .:11. Th rat i a..,,horiz,J to ri-°P name :on & Visitors Bureau," or "V i-it 1-is hrit I," The Will be to as tlie",',-" z 'ucl Iii,--lit. The -',"_7B's - - -:-'VB" in this hc.'�.-.r'- -.f the 1� to pos11 t 7(?1v �'m-actthe - tv' econ-nuiby marketing the city as a travel destinatial. 3. FI-,-al Thp fi-ral ypar nflhp( ('t7VR 1-ss --m 36 f(-,,' 'Alnd Th A V'111 111'.'1:e A Ez_-al p_-,'.-les xid pra,_ftic�s of th- itic1udl:-.,_--, Wihe approval of all Innual bu>pn and ample fidelity bon_'111F: Of officers and -n�rusbed with the handling of funds or property ofthe CCCVB, in state laws, 4. T I FP,-tP:• 11-ay.1- Tlip CCCVE is a non-prot:t -orpiratioc. -v :zed _n-Fi',Alt _,_rPo,,at.,_-n A,t. T liF "'1"''P Ini-, obtain-1 fr-iii the It:t e-a I Reven e 1-=1C al-I(I-T' I 1 1-1 tj.- t i- 1 -.1 it-ti, an e:;e,-nption from federal -le I-lit iri&_-me tax und.-T :_;ecfiori cul of the Internal keverlu'. _'C,de, ARTICLE H -BOARD OF DIRECTORS 'E-1p affairs,-,f lip r-'( ( VP .hall be governed by a Board of Dirpot m- , v:�I I I 1;e composed of tw enty-f our(24)members. Thlrtp�n (I.3) will t"? SPI—tp'! fit—t1v Y'y th- City Council of the (-It t 7 11 11 j.S1 i T I i,A, 1 11-c1 I' it i s from:all areas of the City ;i -r to a -.0 re di-'T 13 r s'I "(D M P 111- -p re e-t ati-n on t�:.7 E - t-d The. r:_c�-;b e- .,.`::111 t<-_t.:•.7 C.-, C,f 1 1. T'-_rce T,mcnibers frum,the 'l ri 1 --I T'.ret(3)members from area -lis '"-HC' C i WTI CON NT K)N:.V151 1045 SUREAU five (5)memb er- ft,�_it c- �ti-- it i-i.-,-1--v al DAo(2)member Ll,_,iii tlir i--I it pet-Fc)m nr entitle-s, c,q-thrir shall senle as additional voting members of the Board by virtue of positi,-cl held I Mayor of the City of Corpus Christi, or his or her designee I City Manager of the City of Corpus Christi orhis orher designee I President&CEO of Whataburger Field I Director of Corpus Christi Internation a! The f(-I Ir-Av inr•-r-,')ns or ent:-ties, or theil__ e11LIL_v ts, -I 11I - t .1__ additional non-v otinS ri-it-i-ribers cd the E oard by iirtue of positron held 1 State F'epispntative from district 32 or his or her de_,i-,--nep 1 State Representative fr-,nid.--trict 34 or his or her designee 1 Dir-tor_A renal.Tnanzp crt ati on Authority 1 Pt-�ldt-tiit,& CED ut P,_)vt of CC or his or her designee I President& CEO of CCREDC I Gerj,7ri I T,4,imi pnr of Arr-I f-,,in R,-ink Center I Athletic D T_Q-,JJT-_'C', or his or her designee - Director Terms Appointments to the Board wl11 be staggered, two-year terms inning on 0 ctob er 1 each year. No person may ser7 e as a voting member of the E_)ard for a period longer than six y ea:,-, c:m secu--iv el _U i I ess su cl I -ty 1 ce is _erjured byvirtue ofthe person's car title or to complete an term. Tf-.,7 L,-lani inav make recommendat.,:,n- to the for I___-t,Jrs in the -attractions and at.-1 it s.--tnnz e,plre,but -he Foini -1-all nominate nno rn-,P, t-ijuidi.a' -liar fln, n amber nf v, _l ate ry The U ty :iI« iii prow icie cons,,ieration to --he P,_ar,T_s but is not t e.e t.ni-inbers su,t-,tainted by the Board or qtvv Yj,�r group. -!:-I(-P, rn,-r,7 than �,,71- -f . ( s enc e s Ui 1,7 P d a h r�It e M. t , tzl'-1-1 l ear -hal' _-7-ilt in an v a,_:-i:- ,'%v:Itch u acancv shall be I t.n absence - Cr ylT1 CONVENT NON;Vt51 MKS Ault EAU -I iln,u-- excused by the Board,fo:'food cause, no I at erth Lin its rrrvt n.—tiriF rier any absence. Any member, shall not be precluded frorri reappointment by reason of such automatic vacancy. 3. !'Prrps-ntatinrl. When any r!l:,,7,,-t-)r who was aprolrit,7d to represent a -I' Ind Ll stlT s P-n-i-i it I's no I on' el n Ic" ed itl T1 at segn-lerlt b-'r a A 91 consecutiveda7, :,rriirr-, :r if a Dire._ r h 7 1_7 P tail F,t,= rn P P t the :1 u a I I f 1,-at 10 n S prescribed by th,-se ELiws f,-,i, T a5 a Dire A,-it,, said L)_---ectcr _Hall tk,rte-t 1-.1-.'hpr--Pat -n the E-ar-1 LL,-ardof ca-e ri,-r,-tin-tPrl-ah1,7 In tL,7 of a F--,)a r I of D ir t,-,t- the vacant seat may 1,:-,t tnan-.-.f,7 rre d to 5n:-)tl-',-r individual from the vacating Boar-1 ninnY-,er's c-,ri-y r or aniz ation. 4. Va,-,I:i_:los. In tl e event '.Init-a Dirtc,ur t,_1 tit,: h it- _,r utherw ise resi.,n, (_r 71 vac.::es'— his or her posit:in, L-ie F'haln-nan -h11 notity the _ :hat he Clt%'' 'Uu.,i-:il I i it 'Ll I't"I-Lict-li.-J, tt- L11t.puLlItiul i for'-ht t.0 -Pgrnent. The Tia2-1r,;n 1_1L) t to 1.:t f 1,2 -l- T t1 7 1 L I I'P,-t' I' S�Jall t`-1e--1 I--)Ill"la1t ptl"L�_q L_j �Jt --c' tl-- -'6v I it pnt.;',I -an1,.1at,7_- to fill the renia 1n,J t the u nnvp ir-1 :ern-1. T1-1e ncrn inat I Dri s Shall N?.Lly ; t_41t lilul't llidnldu.i than Llit nwiibtr iA vuv_itl p(_,sihons available. 5. Meeting The Board of Directors shall meet.regularly at a sp, cified time and date selected by the Board of Directors. �majority of the D irert,-i- ri-li-i_t I-e:,resent at a regular or special Board meeting to constitute a quorut-i i tC r t`j tr it i:-,l ction of all business. 5. Otrdifir,,itions, Each F,-rortcr elected to repi-.-ont the jr I restaurant industry, or area at-racticris n-_'-i-t be al, -iwrjer, q--atcr, a alalia„ level)in his or her t1-- -hilt A lit, ur 17 ii :i,.i, - and thri-u�,-niut hi- or he~tz=. as a L jr,7 t 7. _)tit r E-c-Lit-1 acti, -i -.11nill ht Lal: ii only up,_q i t,..,rmat vote of the Din , I :il i duly coi -titute.:i t I- j 1 1-1-1 1 �T f the Direito a af a- - j dul"T 1:jet- t j ls.pre--t-t constilute an act of !'je Board. S. and F ]lit--es It is th" a) Commit to the mission, goals, and :-,ng-range strat-'3-lc plan c,f 1e CCCVB, b) Attend all Board of Directors meetings, including special events and Board retreats; c) Become knowledgeable aboutthe CCCVB and its efforts, COR VS CHRISTI CONVENTION.:Y154 rOR S SUR EAU d) Prepare fri-an,-I nt -4 Direct-,I, :Y_ j 1-__T well- informed on a 1a 17,7 tl-at the E.-a! :D ire io-, i-_, en--u-7 -Iia,the org.Enj7atj-,J-1 s�.0 ell I man a,--ri, not to m ana e the ail 1 7ati Orl 1 - - - - Z I f) Obj ertn-ePand -rn--1,71--ti-usly ccjn-_-.Jer itl-pn-7 points-of-view and male to hell: th 7, E, - I :a r 1:1 of Directors make d ec 1 ri-*hat b zn P f it th, whom th e C __'%1 B ser,. es; Be in t-n ai-.,---i a' s t a n ing with the C C C7 B; h) Serve teals p I and :up port the decisions o f the Board of D ire ct,-,r-- once the. are rn a,:�e 1 7 an fl-,r the ti un-n-1 1ndtistr%- an, representthe t, individuals, the public an d other c,r:1 a r1i 7 ati ons in a positive mariner, J) Notify the Pre-1kJ,7.nt/CE0 of ariv med,: -onto and k) T a—k e an a c t I T Y 7 role _n E Jaid f E11:7:-.:1 ac t i-i-1 eS 9- Board Conflict. Each B D ard Pr shall 1: 1to sign a conflict of interest disclosure statern ent in the ft--in r i_-i-i-,e!1 -,:,- I-e E,-31 nd- 10. Code of Conduct. Each Director has an obligation to give hi-,`her input into any SUL P,-t 7 l-,- --p(: ffie -ard. Each rnembpr' input should be s 0 1 -.l d be 1_1_1aile tt, feel his"her -ontrit Ulm is valued. B alued- R j I- e:-I-_-,e1_- :u t-,r-1--11n rest P,:t.t u I aria F-r-fe-- r a I at a I t, ) I I Ti fl-1,7.I i i-. a1..:1 -11-1cul'i rl,_t _Al�_-) a,;,znd-,iS or conflicts to 1nt",_1,7ii1:.: :...::1_:::r:_ --I-I- I P_ I L el I I I f of C C CVP. ARIWLE III OFFICERS 1. EltLcticns _Dffi_-:ei ct t'ie E,Jard may e1,: by thL 7.,A,,7niL e-r nieptin.,-- for the n-7.- fi_al __�ff.12er_- will be: Vice Ch.iff, cSP_,r,7tai-Y art, " Treasurer. Earp -4fi7r -hall 1-7 a member of tnp tl-,,7 -1-dion- Offizrz, -hall sei-TP `..r 1 te7rn -A- ine year, -,r unt,l -n,7 of L1,--,7,-t:r- elects officers for the succeeding fiscalyear. 2. Vacancies. In the ev r-T-1- I-, r---i=;l'at n of an e1-:ted ff 1—r f the' Boar], -,1- 117 the -.7-nt of f (A the i I [f- 1:! It-1 rtl(-I-II_ abo e, or it, t l j t, ev t,i i L f f it ,'1,1,1`. t 1 1,1 t:;11 111 v s11, I-ed )th :�,r, the C li.;i ini i ri (subject to rat 1 t 1 r at 1 r.n by the.hon(J E :n:-t,..-, shall app o 1 nt a rn P rrib er COR S CHRISTI CONVFMTPON.,V1.51TORS BUREAU of the Board to vacated office to s,,rve the remainder of the unexpired term. 3. Chairman, The(`h--.i1rman will ,t :-il! 1A,1,4,rigs of the Board of Dlretors and the E--cutive Con-ir-nit-e He cir she i1i111 have and e:7Pr21_-P len al charge and super-,,,1,31on of affiair, of the CCCVB, subject to t':ie dir-1:0n of the D..ird The Chaimian wilpersons to chair all standing and ad hoc ccn-A-nittpes e Bylaws or the Board of Directors. 4. Vice Chair. At the request of the Chairman, or in the event of the Chairman's ahs�,n ce or di _,-, 11y, the Vice Chairman will perform the duties and possess and exercise the 1 of the (."iair. 5. Secretar,,-. The '2e.-r,7-ary w7 1.1 7,-,-i:,-e -1-3- tl-.,7 rec=:r:1= it the C CCVB are properly kep, 1"�ieSt-t-t-4.,r, ul i -it--,ill of the Board ofDirectors and the E-e_-t:-iv e --t -,t t: ,7 —1,-D arn re,,rd eJ. 6. Treasnire-. T h e T re a:i r, - .;11: ;.1__11-e that a I I ti:ri--L-,, y rny orty aiiJ s--1-in�1,- =t 1-1e C(:'f1VD are proper':; Inept, sut lett to any -7-ula-1--n- irnpo-ed' '--y the D,-,ard of D11---tors and will rP7 ,v th 1 e1 e:zPense the Pro.-'i-lont 1-.e Treat _lrx shall I. audited finai-i,::i-,fl is prepared. The Treav_ire- shall at Boar I meO-ngs in the absence of tie Chair and Vice Cha 1r. 7- Presi,1ent'i_'EO_ The E-ard -f sl--all emplc•,• a dut.l,z pe:-fcirmarice reV1e177 .2-111 will el__Tluvrl-1rt contract between Lh,7 V!:� an,3 t-h P Press Jzntl 1_'E 1_j. Th 7 F-.r e-id 7 1--UCE;-, -hall be I the -ifficer -if the 1_,(_',__'VE; 7-it shall be arhi-i ini--ratiu e 1, r,7 L-pon b 1,7 tc,tyle E::e_it 1-e and Sh a:I s eny e as an ex- o ff I--:10 1--C e1-of the 2,card of 1�11'eCtol's ar,d I uut-.-in-n-tees, ARTICLE IV—COMMITTEES 1. G Pi-ena I T h P Board of D-i-P ct,-,i--.rn ay establish such con-2-rntt e es fro--r.L�m P i: time it deems nes any f_,r tli,� f_P211111 Al (-,f the CCCVP. The Chairif nil I A iLd I ,lppoint the met-1-1 el's Of e--kl In 01 1 11 ittee, 2. E-_1_itiT1e C-r-tri-tee. The E7ec1_:-!-.? CorrTiA-- P comprised of the fcur oft-",:q-s 1.1 11= `a_,or faria,-r, rx- their re e-,t iv e des 17ne es- If requested to do so U,1- the C°1.-1 -1 1rnn7i,_--d_-ate- F,a--I- �h a-Irn-1 aii, if still a rnzrnb of the shL-i11 be '!D attend E:--Pf--l-itive Ccminitt -w---l-li:-i, Hi Board lea Jprship, but, -h-,F nct hawe ariv r:jlit tr -.7-tP Tl-.P i-.-1.1,_!,[.,1 1 -PI77P as member of the Executive Cui-A:iiittet. Tlie Executive Coro-nittee shall have an l RP US CHRISTI '014VEMTK)N. VISITOR5 BUREAU a 1 -1 the i,Al,:,ri,,,.T -if th,7 D-,,-T-1 -if in th-7, m,I-—_T n- t -if h7 ,t _7 e I- I e t.rl it-,1-r-t tc, T n PPr,.-- =f sl v-h al_l.th,:I-t-,T Ui=• - fli:l Eard -if 'I)_Jll[ Lillit "u t.ill-- -Ijt� Ill :_,tn,_jn tA th—, i Lit R^iti.ut.v, Utt I'lit"fit.�I'Z, .11Wtr� �1 f l a: d a i I AIIAI ,JI, tliact of a rn' jr.v �-,f the EecutllJ,7, -1-1-rljl�- 7,1--�,I-e- nt t aj �t,! _ -- 1 Inep M at-,.,,Th-_:h there is a ±.alll'-,e th,e act --,fT-he E:,-e7__A_ve 'orru-nittee 3, Nominations Committte The Chairman shall appoint a Nominations Comri.i H, A f l7,7 :� I-,!- f,:,I- 'lie z t1q,i f Ip- -,,I I-a I I - 1 1 t I-_ _'T I the L =---d'.1 A L 1 _7-t-,I- _j:I-th,j 1-, 1-1,- t -I- .1:-,7 11-_ t _71- f -1-1 j Thc -,hal :,11-H .;T i::l;i:r_- Its Ij(TIAT-:1,1, T_ 1i 4F+ t ap f L r,7 r- s i a �Ippn:.T" 7 an A da'e- —h,7, date =- _ar,` ate= t e =_er*ed t,-,the t-.,T o f t-1 cq)us ChriszI as t L-F,(-,arl 7 1 1 t T f0I_711• _J'Ml.,dr- exp irin g, The slat~ +j i I I alaT lu a to the nurfiberof 1-t iinii--nAiJn,_ shall be subl-nit-ted t,--,Lie oar ofDlrect,Jr-1-17 ri,-, latlate:tlian Au�:l_ for appro-, al -if t-ie slate --if a ndi,lat at the - Aug ij s t Board o f D ire-t ors me et In;. 4. Firlat C,cv_-Jrr,Ift.-, n Fir.;,-,[ e -, .l:T i 1l ::I i:i'. I, itr.; Treasurer and from hv,-, L, fclz Jf tLe a f ouited by the Chairman purpP -c t'.-IP Flnan-P -,-.--r7P,7 :he finances of the CCCVB, M-,tl:tr,r and 1lp f-i-ian.-I p ar,,` pi-ccedures, e7alilln't. _udlt. I,.lzv; an ie I D"i 111 t�._lt. t-t the annua I bud get 1_. -11,7 -:h � n ra-t,7i a s n .i f i. i Lnl to tii-nP'I-3e aszlgied. �ii _-.1 hall, - 7u- _1-I,i 5. P IaT.T.Tz, _%-mrnitt I a Fj-,:-fl 1 t t;-.,D .7,1 11-,,7 =pri— -if the Vice Chair and Y ia - , - .1 r 1 1 fr,-,I-n t,-, t.-jr,7- 11-:Ii}} =f t1-1- Enj Z 11-,7,-_t C,I— at l U-, fj 1,_, t1-:e ('I-, lht�p!_q jse -A tll,�Bvlaws Ct-q:111-11tt-ep J.all J_1,�LyLiwiz if U-e The Pv Li 117 Jrn I-i I tt P e I-na v 1-1-1 a k P_ rili-::le1i ed 1 a n es,j f-lie L, I and p I,e s e-n t to the I--ar-1 in accri-dirIg to city con-r-ac'pi-i—sses-The ,mmittep al-sr,re;•i T I tj-._7 city cctractto en consistency ttTTTn the two dr,_m-.,:,rits. 6. 0&1,-1- -,r-mittees. The Board may cr—tP ad, tlial ,nil-filt-ees by Reso1litV-11 ad, I I.-lie to time stating the dutiea_,:l I ip I t. , ri ('cl:-ill i flt,- C o CHCONVENTN.Y151t0R5 SUkEAU ARTICLE V'-MEETINGS Regular Meetings. The E,jard shall conduct regular meetings according to a -,1edule adopted by the P,-,-.ird. The Cl.alri-in or any =ive (5) Directors may r-p-it-I [lie 1-tary -all i1 --., D-:the E -ini. The Se,-i-tary shall p--i,Ide at least Iin -1 ration — f: ion f,-'r -,r rasion of any s.t yect or other activity Vjl-j:-11 3, Telephone or Ele,-to-)nir: ho P T- n-tay atticip ate :n a -ri�etlng of r,irtto I: r:f r,lit!;" YLAli, X Pt U I can hear one ancti--r, and pait:-1f,.ition in a rnp P:in g U: 1111 -mll- —tl-r -1-nill cons'l'.iitp presence in -11 -11". 1 • 111 rj;T for th P Pr: ro---- r.7n 1 1 f any r,t-in?:-:; on E,:7 mell I}�t 1,111:Iy it I t I I I aura rtrturni-t thl-tt I, ip-per tl",;�' Y'Lal, P7,:-pt �i� the -Ti.tiri-nan, -) till �L - --— .. — - - - .. I- 4- Rules of Procedure. The Board may adopt rules of procedure for participation in its 1,7 ptjlj�11. ARTICLE VI-FINANCIAL PROVISIONS I i-ati-n. The C.(7CVP, shall indemnify ar. savp harmless each present and and I-)it-,7-tcr a.-zralnst all -latm-, ha',-,IlIt1P-. I an I .=-;Tenses in hill-1-Tia- .i asserted with-nnect on an%� cause -) --til main:'main:' l-1-Tia- fromI I f a-tion or clam carr e D-7 to the e- -ed in any w.iy vith his-1her srv- -e b- -h C,71- �'E, e full -t �:ftrnt jutlp-r.7P,I by the laws =t tl-lp -tate -,t 7,:•--a-��71tll 1',7,;,af(j t,-,11k:,J-I-profit corpo:--at I f-ithp,- or A fl-.e --Z1,-,a:-,l A L:ai--tors SlhK be nese-sary to The,--'i .,.-,,F.may, in its purchase and mairi-ir, Insuraric:,-,oranot�ier arrangemEmt, at.its e:zi ensp,to t:�rrltt,-t its-If and any dired, r- officer,employee or went of the("C r'VE '12'ainst any expense, loss,whetherct----h- ,vcul,i p,--,ertc, indemnify such cerzon against such e:;pense, liability orloss under-":-.17'.aw. 2. -w.dit- TheBo.i-d -,f Directors shall annuall:,, select certin-d public ac--caintantto supply all independ'-1-it audit of the CCC'11D books, and such audit steal' n-ildp C R CHR U15 IFI cotwEmmw.visi rests smoku 7 rnt, f h,B-,.rd ARTICLE VII—AMENDMENTS .--t an !-egi- ar meeting by a vote of two-third-.-, -f -dl the Directors, of su,-:hpi',)posed an A: J-all I i-,iiebett I each Director at le --t I- t,Pfore such me-ting 1,T,-, Lu-nendment -hal' be firiall-; '71ffe,-tive unless and -intJ I wn7;on notice of th,, .cnendm,-rit ha-- been on to the City not less than 60 days pricy b--) the effective date of the change, and (2) the City has approved the amendment. With Amendments Approved by Board of Directors on June 25, 2020. R esp ectfu Ily submitted by Secretary S ignature Date so �o o� A PH v AGENDA MEMORANDUM `1"852g9 Action Item for the City Council Meeting June 15, 2021 DATE: May 26, 2021 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, Director of Finance HeatherH2(a)cctexas.com (361) 826-3227 Financial Underwriting Services CAPTION: Resolution approving the addition of Robert W. Baird & Co. Incorporated to the City's pool of financial underwriters to be used on as needed rotational basis for issuance of bonds with compensation to firms through the bond proceeds at the time of sale. SUMMARY: This motion authorizes the addition of RW Baird to the list of financial underwriters for use in bond issuances. BACKGROUND AND FINDINGS: Underwriting firms provide debt underwriting services, including but not limited to assisting in the structuring of financing transactions to minimize the authority's overall cost of funds, developing and coordinating marketing efforts for the bond issuance, managing the sale of bonds, including directing the underwriting syndicate and running the books during the pricing, and assisting in the preparation of the preliminary and final official statements. The Contracts and Procurement Department conducted a Request for Qualifications (RFQ) process to obtain qualified firms for underwriting services in early 2020. On May 12, 2020 twenty-six (26) firms were approved to be included as authorized underwriters for the City of Corpus Christi. At that time, information was included in the background that in the event a firm approaches the City with an offer of a unique type of service or product or with an opportunity to restructure our debt with an exceptional savings, but the firm is not on the approved list, upon verification of qualifications, staff will bring before the City Council a recommendation to add that firm to the authorized list of financial underwriters. Robert W. Baird & Co. Incorporated has met with the City and provided valuable analysis on opportunities that the City would like to consider. The firm is well qualified, and staff is recommending that RW Baird be added to the authorized list of underwriters. ALTERNATIVES: The alternative would be to not add Robert W. Baird & Co. Incorporated to the approved underwriter list. FINANCIAL IMPACT: The funding for these contracts will be provided from bond proceeds for the general obligation, revenue and refunding bond sales. 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 resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution List of Current Financial Underwriters Resolution approving the addition of Robert W. Baird & Co., Incorporated, to the City's pool of financial underwriters to be used on an as-needed rotational basis for issuance of bonds, with compensation to firms provided through the bond proceeds at the time of sale. Be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The addition of Robert W. Baird & Co., Incorporated, to the pool of authorized financial underwriters, which pool list for a five-year period was approved by Resolution No. 032112 on May 12, 2020, is approved, with compensation to firms provided through the bond proceeds at the time of sale. 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 SUS O � List of Financial Underwriters U Approved by the City Council on May 12, 2020 VORM x852 National Scope: 1. Barclays 2. Citigroup Global Markets, Inc. 3. Goldman Sachs& Co., L.L.C. 4. J.P. Morgan 5. Jefferies, L.L.C. 6. Morgan Stanley 7. RBC Capital Markets, L.L.C. 8. Stifel Nicolaus & Co. Inc. 9. UBS Financial Services, Inc. 10. Wells Fargo Bank N.A. Municipal Finance Group Regional Scope: 1. FHN Financial Capital Markets 2. Frost Bank 3. Hilltop Securities, Inc. 4. Huntington Securities, Inc. 5. M.E. Allison& Co., Inc. 6. Mesirow Financial, Inc. 7. Piper Sandler& Co. 8. Raymond James & Associates, Inc. 9. SAMCO Capital Markets, Inc. 10. Stephens Inc. 11. UMB Bank, N.A. Minoritv Status: 1. Blaylock Van L.L.C. 2. Drexel Hamilton, L.L.C. 3. Loop Capital Markets, L.L.C. 4. Ramirez & Co., Inc. 5. Siebert Williams Shank& Co., L.L.C. � - Indicates retail branches in Corpus Christi so �o p A PHv AGENDA MEMORANDUM µoRPORPg4 1852 Action Item for the City Council Meeting June 15, 2021 DATE: May 17, 2021 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA, Director of Finance and Business Analysis Heatherh3(a)cctexas.com 361-826-3227 Notice of Intention to Issue Tax-Exempt Certificates of Obligation for Construction of and Capital Improvements to City Facilities, Parks, and Solid Waste Infrastructure CAPTION: Resolution by the City Council of the City of Corpus Christi, Texas, authorizing and approving publication of Notice of Intention to issue not more than $18,500,000 in Certificates of Obligation for certain facility construction and capital improvements; complying with the requirements contained in Securities and Exchange Commission Rule 15c2-12; and providing an effective date. SUMMARY: The City plans on issuing up to $18,500,000 of certificate of obligation bonds for various facility capital repairs and improvements, golf course improvements, solid waste and landfill facility capital repairs and improvements. BACKGROUND AND FINDINGS: In the adopted FY 2020-2021 Capital Improvement Budget, several projects were budgeted to use certificate of obligations totaling $11 ,730,940 for the funding of the projects. The projects included: City Hall First Floor Renovation $ 125,000 City Hall 6th Floor Conference Room $ 480,000 City Hall Fencing and Gates $ 135,000 Various Facility Improvements $ 2,000,000 Museum of Science and History Cooling and Heating $ 1,342,440 Cefe Valenzuela Landfill Sector 2C Cell Development $ 517,000 Cefe Valenzuela Gas Collection & Control System $ 315,000 Cefe Valenzuela Landfill Road Improvements $ 2,000,000 JC Elliott Landfill Road Improvements $ 1,100,000 Solid Waste Facility Complex $ 2,516,500 Police Substation - Flour Bluff $ 1,200,000 Total from FY 2020-2021 Capital Improvement Budget $11.730.940 Since the adoption of the Capital Improvement Budget, several additional needed projects were identified. The projects are: Golf Course Improvements $ 2,300,000 City Hall Elevators $ 1 ,250,000 Veteran's Memorial Park $ 125,000 Additional facility improvements $ 3,000,000 Total additional projects $ 6,675,000 Grand Total $18,405,940 The total amount recommended to be funded with certificates of obligation is an amount not to exceed $18,500,000. State law requires that a notice of intention be published when certificates of obligation are to be sold. This notice is for the maximum amount of certificates of obligation, including issuance costs, the City intends to issue. The City can issue less than the amount noticed but cannot exceed this noticed amount. The notice must be published once a week for two consecutive weeks in a newspaper, with the date of the first publication to be before the 45th day before the date tentatively set for the passage of the ordinance authorizing the issuance of the certificates. The City is planning to advertise in the Corpus Christi Caller-Times on Sunday, June 20, 2021 . The ordinance authorizing the issuance of the certificates of obligation is scheduled as a first reading on July 27, 2021 with a second and final reading on August 10, 2021 ; thus in compliance with State law. On March 16, 2021, the City Council approved a resolution relating to establishing the City's intention to reimburse itself for the prior lawful expenditure of funds relating to constructing various City improvements from the proceeds of the certificates of obligation to be issued by the City for authorized purposes in an aggregate amount not to exceed $12,000,000. Once issued, the proceeds from the certificates of obligation will reimburse any amounts already spent for the projects. ALTERNATIVES: City Council could choose not to approve the notice of intention, and the City would not be able to issue certificates of obligation to fund the projects and reimburse any funds already spent. FISCAL IMPACT: There is no fiscal impact as a result of the notice of intention. The City Council may choose not to issue the certificates of obligation after the notice period. RECOMMENDATION: Staff recommends approval of the resolution authorizing and approving the notice of intention to issue not more than $18,500,000 in certificates of obligation for certain facility construction and capital improvements. LIST OF SUPPORTING DOCUMENTS: Resolution Project Listing Debt Strategy Presentation RESOLUTION RESOLUTION BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS AUTHORIZING AND APPROVING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION; COMPLYING WITH THE REQUIREMENTS CONTAINED IN SECURITIES AND EXCHANGE COMMISSION RULE 15c2-12; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the City Council) of the City of Corpus Christi, Texas (the City) has determined that it is advisable and necessary to issue and sell one or more series of certificates of obligation (the Certificates) as taxable or tax-exempt obligations and in an aggregate amount not to exceed $18,500,000 as provided pursuant to the provisions of the Certificate of Obligation Act of 1971, as amended, Texas Local Government Code, Section 271.041 through Section 271.064, for the purpose of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, to-wit: (1) (a) constructing, acquiring, purchasing, renovating, enlarging, and improving City facilities and signage, including City Hall and the Museum of Science and History, (b) constructing, acquiring, purchasing, renovating, enlarging, and improving City facilities and signage, (c) constructing, acquiring, purchasing, renovating, enlarging, and improving City solid waste facilities, including landfill site development, a gas collection and control system, and related road improvements, and (d) constructing, acquiring, purchasing, renovating, enlarging, and improving City park facilities, including the Veterans Memorial Park, and City golf courses; (2) the purchase of materials, supplies, equipment, machinery, landscaping, land, and rights-of-way for authorized needs and purposes relating to the aforementioned projects; and (3) the payment of professional services related to the design, construction, management and financing of the aforementioned projects; and WHEREAS, prior to the offering, sale, and issuance of the Certificates, the appropriate officials of the City must review and approve the distribution of a "deemed final" preliminary official statement (the Oficial Statement) in order to comply with the requirements contained in 17 C.F.R. §240.15c2-12 (the Securities and Exchange Commission Rule); and WHEREAS, based upon their review of the Official Statement, the appropriate officials of the City must find to the best of their knowledge and belief, after reasonable investigation, that the representations of facts pertaining to the City contained in the Official Statement are true and correct and that, except as disclosed in the Official Statement, there are no facts pertaining to the City that would adversely affect the issuance of the Certificates or the City's ability to pay the debt service requirements on the Certificates when due; and WHEREAS, the City Council will comply with the requirements contained in the Securities and Exchange Commission Rule concerning the creation of a contractual obligation between the City and the proposed purchaser(s) of the Certificates (the Purchasers) to provide the Purchasers with an Official Statement in a time and manner that will enable the Purchasers to comply with the distribution requirements and continuing disclosure requirements contained in the Securities and Exchange Commission Rule; and 102337000.6 WHEREAS, the City Council authorizes the City Manager, any Assistant City Manager, the Chief Financial Officer, the Director of Finance and Business Analysis, and the City Attorney, as appropriate, or their designees, to review, approve, and execute any document or certificate in order to allow the City to comply with the requirements contained in the Securities and Exchange Commission Rule; and WHEREAS, prior to the issuance of the Certificates, the City Council is required to publish notice of its intention to issue the Certificates in a newspaper of general circulation in the City, and if the City maintains an internet website, publish such notice of intent on the City's internet website, such notice stating (i) the time and place the City Council tentatively proposes to pass the ordinance authorizing the issuance of the Certificates, (ii) the purposes for which the Certificates are to be issued, (iii) the manner in which the City Council proposes to pay the Certificates; (iv)the then-current principal amount of all outstanding ad valorem debt obligations of the City; (v) the then-current combined principal and interest required to pay all outstanding ad valorem debt obligations of the City on time and in full, which may be based on the City's expectations relative to the interest due on any variable rate ad valorem debt obligations; (vi) the maximum principal amount of the Certificates to be authorized; (vii) the estimated interest rate for the Certificates to be authorized or that the maximum interest rate for the Certificates may not exceed the maximum legal interest rate; and (viii) the maximum maturity date of the Certificates to be authorized; and WHEREAS, the City Council hereby finds and determines that such documents pertaining to the sale of the Certificates should be approved, and the City should proceed with the giving of notice of intention to issue the Certificates in the time, form, and manner provided by law; and WHEREAS, the City Council hereby finds and determines that the adoption of this Resolution is in the best interests of the residents of the City; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1: The City Secretary is hereby authorized and directed to cause notice to be published of the City Council's intention to issue the Certificates in an amount not to exceed $18,500,000 for the purpose of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, to-wit: (1) (a) constructing, acquiring, purchasing, renovating, enlarging, and improving City facilities and signage, including City Hall and the Museum of Science and History, (b) constructing, acquiring, purchasing, renovating, enlarging, and improving City facilities and signage, (c) constructing, acquiring, purchasing, renovating, enlarging, and improving City solid waste facilities, including landfill site development, a gas collection and control system, and related road improvements, and (d) constructing, acquiring, purchasing, renovating, enlarging, and improving City park facilities, including the Veterans Memorial Park, and City golf courses; (2) the purchase of materials, supplies, equipment, machinery, landscaping, land, and rights-of-way for authorized needs and purposes relating to the aforementioned projects; and (3) the payment of professional services related to the design, construction, management and financing of the aforementioned projects; 102337000.6 -2- The Certificates will be payable from the levy of an annual ad valorem tax, within the limitations prescribed by law, upon all taxable property within the City and additionally from a pledge of and lien on certain revenues derived from the operation of the City's solid waste management system. The notice hereby approved and authorized to be published shall read substantially in the form and content of Exhibit A attached hereto, which notice is incorporated herein by reference as a part of this Resolution for all purposes. SECTION 2: The City Secretary shall cause the notice described in Section 1 to be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication shall be at least forty-six (46) days prior to the date stated therein for passage of the ordinance authorizing the issuance of the Certificates. Additionally, the City Secretary shall cause the notice described in Section 1 to be posted continuously on the City's website for at least forty-five (45) days prior to the date stated therein for passage of the ordinance authorizing the issuance of the Certificates. SECTION 3: The City Manager, any Assistant City Manager, the Chief Financial Officer, the Director of Finance and Business Analysis, and the City Attorney, as appropriate, or their designees, are authorized to review and approve the Official Statement pertaining to the offering, sale, and issuance of the Certificates and to execute any document or certificate in order to comply with the requirements contained in the Securities and Exchange Commission Rule. SECTION 4. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. SECTION 5: All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. SECTION 6: This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 7: If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 8: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. 102337000.6 -3- SECTION 9: This Resolution shall be in force and effect from and after the date of its adoption, and it is so resolved. [The remainder of this page intentionally left blank.] 102337000.6 -4- PASSED AND APPROVED, this the 15th day of June, 2021. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) APPROVED THIS 15th DAY OF JUNE, 2021: Miles Risley, City Attorney 102337000.6 S-1 THE STATE OF TEXAS )( COUNTY OF N UECES )( I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of a Resolution passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 15th day of June, 2021, relating to establishing the City's intention to publish a notice of intention concerning the issuance of certificates of obligation, which Resolution is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the 15th day of June, 2021. City Secretary (CITY SEAL) 102337000.6 S-2 PASSED AND APPROVED on the 15th day of June, 2021: Paulette M. Guaj ardo 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 102337000.6 S-3 Exhibit A NOTICE OF INTENTION TO ISSUE CITY OF CORPUS CHRISTI, TEXAS CERTIFICATES OF OBLIGATION NOTICE IS HEREBY GIVEN that the City Council of the City of Corpus Christi, Texas will convene at its regular meeting place in the City Hall in Corpus Christi, Texas, beginning at 11:30 A.M., Corpus Christi, Texas time on Tuesday, July 27, 2021, to consider at its first reading, and beginning at 11:30 A.M., Corpus Christi, Texas time on Tuesday, August 10, 2021, to consider at its second and final reading the passage of an ordinance or ordinances and take such other actions as may be deemed necessary to authorize the issuance of one or more series of certificates of obligation in an aggregate principal amount not to exceed $18,500,000 for the purpose or purposes of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, to-wit: (1) (a) constructing, acquiring, purchasing, renovating, enlarging, and improving City facilities and signage, including City Hall and the Museum of Science and History, (b) constructing, acquiring, purchasing, renovating, enlarging, and improving City facilities and signage, (c) constructing, acquiring, purchasing, renovating, enlarging, and improving City solid waste facilities, including landfill site development, a gas collection and control system, and related road improvements, and (d) constructing, acquiring, purchasing, renovating, enlarging, and improving City park facilities, including the Veterans Memorial Park, and City golf courses; (2) the purchase of materials, supplies, equipment, machinery, landscaping, land, and rights-of-way for authorized needs and purposes relating to the aforementioned projects; and (3) the payment of professional services related to the design, construction, management and financing of the aforementioned projects; The certificates of obligation (the Certificates) will be payable from the levy of an annual ad valorem tax, within the limitations prescribed by law, upon all taxable property within the City and from a lien on and pledge of certain revenues derived by the City from the operation of the City's solid waste management system. In accordance with Section 271.049, as amended, Texas Local Government Code, (i) the current principal amount of all of the City's outstanding public securities secured by and payable from ad valorem taxes is $456,145,000; (ii) the current combined principal and interest required to pay all of the City's outstanding public securities secured by and payable from ad valorem taxes on time and in full is $593,890,782; (iii) the estimated combined principal and interest required to pay the Certificates to be authorized on time and in full is $62,721,305; (iv) the maximum interest rate for the Certificates may not exceed the maximum legal interest rate; and (v)the maximum maturity date of the Certificates to be authorized is March 1, 2041. The Certificates are to be issued, and this notice is given, under and pursuant to the provisions of the Certificate of Obligation Act of 1971, as amended, Texas Local Government Code Section 271.041 through Section 271.064, Subchapter G of Chapter 363, as amended, Texas Health and Safety Code, and the City's Home Rule Charter. 102337000.6 A-I /s/ Rebecca Huerta City Secretary, City of Corpus Christi, Texas 102337000.6 A-2 CITY OF CORPUS CHRISTI FY 2021 CERTIFICATES OF OBLIGATION Included in Adopted FY20-21 Capital Budget Book: City Hall First Floor Renovation $ 125,000 City Hall 6th Floor Conference Room $ 480,000 City Hall Fencing and Gates $ 135,000 Various Facility Improvements $ 2,000,000 Museum of Science and History Cooling and Heating $ 1,342,440 Cefe Valenzuela Landfill Sector 2C Cell Development $ 517,000 Cefe Valenzuela Gas Collection & Control System $ 315,000 Cefe Valenzuela Landfill Road Improvements $ 2,000,000 JC Elliott Landfill Road Improvements $ 1,100,000 Solid Waste Facility Complex $ 2,516,500 Police Substation - Flour Bluff $ 1,200,000 Total for Projects in Capital Budget $ 11,730,940 Additional Projects Identified: Additional Facility Improvements $ 3,000,000 Golf Course Improvements $ 2,300,000 City Hall Elevators $ 1,250,000 Veteran's Memorial Park $ 125,000 Total for Additional Projects $ 6,675,000 TOTAL $ 18,405,940 so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 06/15/21 1852 Second Reading Ordinance for the City Council Meeting 06/22/21 DATE: May 11, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning a property at or near 7602 Yorktown Boulevard CAPTION: Zoning Case No. 0421-04, Jackie Homes, LLC.: (District 5) Ordinance rezoning property at or near 7602 Yorktown Boulevard from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District and the "CN-1" Neighborhood Commercial District. SUMMARY: The purpose of the rezoning request is to allow the construction of a single-family residential subdivision and commercial properties. BACKGROUND AND FINDINGS: The subject property totals 18.80 acres in size and is currently zoned "FR" Farm Rural District, consists of vacant property, and has remained since annexation in 1995. To the north and south are single-family residential subdivisions zoned "RS-4.5" Single-Family 4.5 District. Additionally, to the north is Master Channel 31 (Drainage Ditch). To the east is a recently rezoned subdivision under development zoned "RS-4.5" Single-Family 4.5 District and "CN-1" Neighborhood Commercial District. To the west is a vacant property zoned "FR" Farm Rural District. 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 adjoining properties, and does not have a negative impact upon the adjacent properties. A proposed north/south "Cl" Minor Collector Street traverses the subject property and connects Yorktown Boulevard to the single- family residential subdivision located to the north of the subject property across Master Channel 31. Public Input Process Number of Notices Mailed 17 within 200-foot notification area 1 outside notification area As of May 11, 2021: I n Favor In Opposition 0 inside notification area 0 inside notification area 0 outside notification area 0 outside notification area Totaling 0.00% of the 200-foot notification area* is 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 a rea. Notified property owner's land in square feet/Total square footage of all property in the notification area=Percentage of public opposition ALTERNATIVES: 1. Denial of the zoning to the "RS-4.5" Single-Family 4.5 District and the "CN-1" Neighborhood Commercial District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Commission Recommendation Planning Commission recommended approval of the zoning to the "RS-4.5" Single-Family 4.5 District and the "CN-1" Neighborhood Commercial District on April 28, 2021. Staff recommends approval of the zoning request. Vote Count: For: 8 Opposed: 0 Absent: 1 Abstai ned: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0421-04, Jackie Homes, LLC.: (District 5) Ordinance rezoning property at or near 7602 Yorktown Boulevard from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District and the "CN-1" Neighborhood Commercial District WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to 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 14.834 acre tract, out of Lots 12 and 13, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, as shown on a map recorded in Volume "A", Pages 41-43, Map Records Nueces County, Texas. Said 14.834 acre tract also being out of a 21.08 acre tract described in a deed recorded in Document No. 2020059085, Official Records Nueces County, Texas, as shown in Exhibit "A": from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District 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 3.968 acre tract, out of Lots 12 and 13, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, as shown on a map recorded in Volume "A", Pages 41-43, Map Records Nueces County, Texas. Said 3.968 acre tract also being out of a 21.08 acre tract described in a deed recorded in Document No. 2020059085, Official Records Nueces County, Texas, as shown in Exhibit "B": from the "FR" Farm Rural District to the "CN-1" Neighborhood Commercial District The subject property is located at or near 7602 Yorktown Boulevard. Exhibits A and B, which are the Metes and Bounds of the subject property with an associated map attached to and incorporated in this ordinance. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1 , 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1 , Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 2 of 6 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 3 of 6 Exhibit A STATE OF TEXAS COUNTY OF NUECES EXHIBIT Field notes of o 14.834 acre tract,for retuning to RS-4.5 purpo5cs only,out of tots 12 and 13, Section 25,Flour Bluff and Encinal Farm and Gardcn Tracts,as slwwn on a map rectxded in Volume "A" Pages 41--43,Map Records Nuecc5 County,Texas.Said 14.834 acre tract also being out of a 2 1,08 acre tract described in a deed rccordcd in Document No.2020059085.official Accords Nucccs County,Texas,Said 14.934 acre tract being more particularly described as follows: COMMENCING at a 518"re-bar found for the common corner of Lots 5,6,1 I,and 12,Section 25, Flour Bluff and Encirtal farm tuid Gardcn Tracts„same being the vest corner of Lot 25,Block 3, Grange Park Unit'?as-shown on a reap recorded in Volume 69.Pages 156-158,Map Records Nucccs County,Texas,the common Basi corner of I-ot 43.Block 10,and Lot 1,Black 12,Ranchu Las Brisas Unit 2,as shown on a map recorded in Volume 67,Pages 361-342,Map Records Nueces County,"texas,THENCE with the common line of Lots i I and 12,Section 25,and Lot I,Block 12, South 28°41'28"West,at a distance of 65.43 feet pass the east corner of said 21.08 acre tract.and in all a total distance of 135,80 feet to a point for the east comer of this exhibit and for the POINT of BEGINNING. THENCE with the contmon line of-Lots t I and 12,of Section 25,said 21,08 acre tract,and this exhibit,South 28°41'28"West,is distance or887.99 feet to a point for the south comer of this exhihit,from WHENCE the easter of Yorktown Boulevard artcl the common south comer of Lots I I and 12,Section 25 and of said 21-08 acre tract,bears Sorutli 28°41'26"West,a distance of 301.21 fcrt. THENCE North 61'18'58"West,a distance 01"73 LS I feet to a pal Mt in the nortlr+wc%line of said 21.08 acre tract and for the west comer of Ibis exhibit. THENCE with the common line of said 21.09 acre tract and this exhibit,North 28'41'28"East,a distance of 882-99 feet to a point far the north comer of this exhibit_ THENCE.South 6l°18"58"Lest,a distance of 731.81 feet to the POINT of BEGINNING of this exhibit,and containing 14.834 acres of land,more or less. Notes: I.)Bearings are based on Global Positioning System NAD 83(93)4205 Datum. 2.)A Map ofequal date accompanies this Metes turd Bounds deseriptton, 3-)Set 5;8"re-bar-steel re,bar set with yellow•plastic cap labeled Brister Surveying. L Ronald E-Brister do hereby cenify that this exhibit of the propeny legally described herein is correct to the best of my knowledge and boner. e.6Z46: Ronald E-Brister,RPLS No.5407 Bate:March 22,2021. 4 ...._....... ........... RONALD E-BRISTER :g4...5' 4 0 7'.... 0 su Ru Job No.210210-At Pagc 1 of 3 Page 4 of 6 Exhibit B STATE OF TEXAS COUNTY OF NUCCES EXHIBIT Field notes of a 3.968 acre tract,for reznning to CN-I purposes only,but of Lots 12 and 13,Section 25,Flour bluff and Encinal Farm and Grardcn Tracts,as shown on a map recorded in Volume"A", Pagcs 41-43,Map Records Nucc es County,Tcxas.Said 3.968 acre tract also beim out of a 21.08 acre tract described in a dcrd recorded in Document No.21720059085,Clfricial Records Nucccs County,Texas.Said 3.468 acre tract being more particularly described as follows: COMMENCING at a 519"rt-bar found for the common corner of Lots 5,6,11,and 12,Section 25, Flour Bluff'and Encinal Farm and Garden Tract&,same being the west c;mvef of Lot 25,Block 3, Orange Park Unit 2,as shown on a map recorded 1n Volomc 69,Pages 156-158,Slap Records Nueces County,Texas,the common eau cornernfLoi 43,Block 10,and Lot 1,Block 12,Rancho Las Brisas Unit 2,as slwwn on a man rreorded in Volume 67,pages 361-362,41ap Rcco-ds Nueces County,Tcxas,THENCE with the common line of(.oto I I and 1<,Section 25,and Lot I,Block 12. South 28°41'28"West,at a distance 01765.43 feet pass the cast comer of said 21.48 acts trust,and in all a total distance of 1.018,79 feet to a pnint in the common lint of Lots I I and 12,Section 25,said 21.08 actr tract,for the east comer of this exhibit,and for the POINT or BEGINNING. THENCE with the common line of Lots I I and 12,Suction 25,said 21.08 acre tract,and this cxhibi1,South 28°41'28"West,a distance of 2 36.2 1 Feet to a point in the common line of said 21,08 acre tract,Lots 10 and 11,of Section 25,and for the south corner of this exhibit,from WHENCE the center or Yorktown BDo]evard and the summon south carnet of Dots I I and 12,Section 25 and of said 21.08 acre tract,hears South 2841'28"West,a distance of 65.00 feet. THENCE North 61°18'58"West,a distancc of 731.81 Net to a point in ft northwest Iinc of said. 21.48 acre tract and for the west corner of this exhibit. THLNCE with the common line orwid 21.08 acre tract and this exhibit,North 28'4!'28"East,a distance of 236.21 feet to a point in the northwest line of said 21.08 acre tract and for the north corner of this exhibit. THENCE South 61°18'58"East.a d'usume*1`73 1.91 feet to the POINT of BEGINNING of this exhibit,and containing 3.968 acres of land,more or less. !Dotes: 1,}$caring+arc based on Global Positioning System NAD 83(9314205 Datum. 2.)A-Map of equal date accompanies this Metes and Bounds description. 3.b Set 518'-re-bar=steel re-bar set with yellow plastic cap labeled Brister Surveying, L Ronald E.Brister do hereby certify that this exhibit of the property legally described herein is coact to the best of my knowledge and belief. �- Ronald E.Brister.RPLS No.$407 Doe:March 22,2 02 1. S�gFrF ,�P�15rdRar{,l RONALD E laMSTER ctif9Qf5407 ��4... y ..F Isko suRv Job No.210210-A2 Page 2 of 3 Page 5 of 6 ExFIB1T OF 18'A02 ACRES,FOR REZONING PURPOSES C,JNLY,RF[NG A 1.4.834 ACRETRACT FOR,RS•4.3 PROPOSED ZONING AND A Abd ACRE TRACT FOR CN-1 PHUPDSED ZONING.SAID ISEi12.ACRE-It 4EINGOUTOF LOTS 12 AND 13,SE:C:174NrZ5. 'FLOUR BLVIFF AND ENCINAL FARM AND GARDEN TRACTS,AS SHOWN ON A Sw RECORDED IN VOLUMC"A', PAGES 41-43.ffi1AP RCCURDS NUECFS COUNTY,TEXAS,SAID 18 802 ACMES ALSO 11EING OIrL-GF A21.D9AC11E TRACT / IIF,5CRIRED INADECIJ RLCURDED IN DOCt:VF-NTNG,2D2DDSWIR5,CFVICW.RFC+7:i175 N[iECLS COUNT'Y,TFXA-q. f ❑14ANGL PARK UNR2 1 aV 0 L 5,4,P13%.155 138 aNcltol�slsalshsurvrr� � II VC71_E7,PGS.361.38:,M.R.N.CT. M..R.Y.CT, I I�-L[]S litin•CF1 V.7I4'LS❑'R 14'F.•,—. ],S]T!] I'G1II 1(' goY PL HIJC /� PARI[ L:Y 4?` 1'(1T 4S PARK 13 V L17f 25 1P3 3 i Q SCALE 1'a 211{Y ].p I I i J L071 mNesah raR:¢R V! [GT3.41I.a Z, c11101 IIS REHxU 111 11 FC4hINDER PF 'a Fah a L'f'AGT LtaT�F.Snr=roi 2A 5[i 1°15'S5•E 111.81' (11EAS) ")TI2:�aCAnmaFu Vn1„'M1•-IVISIa.P r4 R�cl P.O.S. I r(14.834 ACRES)PROPQSF❑ZONING RS-43 14.834 ACRES uI 5,46,181 5-F. � I LOT 11,5E=0Z5 REMAINDER OF ` �`I Yt'.r� � FLOUR BLUFT=6i 1_0-F 13,SECTION 25 L s ti> ENC INALL FARM&c GAR DIEN'TRAC15 nI o VOL,"A",PGS.41-43 v M.R.N.0-T.. z 1 t I I I i S6V 18'58°E 731.81" (MEAS) F.JR 3[68O.B. } i°IxOPQSEC}ZONING I;N-1 3.°169 ACRES172,861 S.F.. hViLOT I�,sE�%un a a5.0 N61°113'S�i” 731-$'. [h{EASEc IvanL: ——————— —_-- T 40(Y T ORrounDN8'R1-FEAR YORKTOWNBOULEVARjlD PROPERTY CORNER Rl('3IrrOFPJAY VARIES PAGI3 E Of S Brister Surveying44S51PT{, I]Ta'FM1L hAE.n OF%XIIIW[la Ifll@RFkEi. C.p.,,ab T1.6.e Tri•.Sw.e 31 11 YtA3L:0.FP FFdUII!FOFARL 6n.5LL Dti'GIbR,,L WM3 C3K,ey Tr:.x�dLYI FDS:Ttpti^+GFT%F€!A'1An al•qFl�:uATllu. F..3aa 9S611W 7 SE'ST AE.9AA.TrU fr°3el coxaaea J FL TER SUR ET w'1TR YF.Llnw "(-..,Q✓`� rEAST'IC Cwr LwBEEFn 3R15T'Ck sl'BY'I1T'1•tie irunnw..�lryrq m.pxur.rxcna .Sp5 X157 '• . +.]A N FTf5 AHD 66L,D3DM-AIF"—OF LVwu. FLr.,Rrl:,wr.mo ry.I+A":lJc ..f•. 4 LBTL rt['LABP!{"4]PSilI15 EXHIBIT. �: "T • Cl�lr� Pll15 F—:911 DOLAROT'\{1,1]I)ESaIi RFSa'e,R{'IL RONALD E.BkfSTER Yvvsrnc.rc H.na ue noryy a=nu v:xwm!ru EASEMF.h I$RIL'aTI pP w>.YL pR:TnLIT11:1;pa Try 17 is 54 G "..F© p, '-. 35tI O�?ty�QQ" TI[ES E"thx IImI.QrrIEPADL -A DOIERIIPLAn LkakL4.Y 1SIkT S`1f�'Ift.•' `^ DILSCRIBIM MERLIN LS CtaRRECT TO'YIti BEsrtx Hy LuxsW;EDGE nHPrA��LJ.IL�P }�� MARCH22,2021 lAkC5, (ter, i�d+� EOHNU.21{1210-A R0'ipLPL.BRI=k EIP.LS Page 6 of 6 PLANNING COMMISSION FINAL REPORT Case No. 0421-04 INFOR No. Planning Commission Hearin Date: April 28, 2021 Owner: Jackie Homes, LLC. o Applicant: Munoz Engineering a Location Address: 7602 Yorktown Boulevard Legal Description: 18.802 Acre Tract being out of Lots 12 and 13, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, as shown on a map recorded a o in volume "A", pages 41-43, map of records Nueces County, Texas said 18.802 QM acres also being out of a 21 .08 Acre Tract described in a deed recorded in a� J document no. 2020059085, official records Nueces County, Texas, and located 06 along the northside of Yorktown Boulevard, south of Fred's Folly Drive, east of Rodd Field Road, and west of Cayo del Oso. From: "FR" Farm Rural District To: "RS-4.5" Single-Family 4.5 District and "CN-1" Neighborhood Commercial District io Area: 18.80 acres Purpose of Request: To allow for the construction of a single-family residential subdivision and commercial properties. Existing Zoning District Existing Future Land Use Land Use "FR" Farm Rural District and Site "RS-4.5" Single-Family 4.5 Vacant Medium Density Residential District = Permanent Open Drainage and "RS-4.5" Single-Family 4.5 Space and North Medium Density .E �, District Residential Medium Density o Residential a�_ "RS-4.5" Single-Family 4.5 Medium Density Medium Density J South District Residential Residential X "RS-4.5" Single-Family 4.5 LU District and "CN-1" Medium Density East Neighborhood Commercial Vacant Residential District West "FR" Farm Rural District Vacant Medium Density Residential Area Development Plan: The subject property is located within the boundaries 06 of the Southside Area Development Plan and is planned for a medium density a residential use. The proposed rezoning to the "RS-4.5" Single-Family 4.5 District and "CN-1" Neighborhood Commercial District is generally consistent with the a o adopted Comprehensive Plan (Plan CC) and warrants an amendment to the QFuture Land Use Map. City Council District: 5 Zoning Violations: None Staff Report Page 2 ° Transportation and Circulation: The subject property has approximately 730 feet of street frontage along Yorktown Boulevard which is designated as a "A3" 0 Primary Arterial Street. According to the Urban Transportation Plan, "A3" Primary a y Arterial Streets can convey a capacity between 30,000 and 48,000 Average Daily M Trips (ADT). L Street Urban Transportation Proposed Existing Traffic Plan Type Section Section Volume Yorktown130' ROW 166' ROW Boulevard A3 Primary Arterial 79' paved 90' paved N/A Fred's Folly "Cl" Minor Collector 60' ROW None N/A (Proposed) 40' paved Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District and "CN-1" Neighborhood Commercial District to allow for the construction of a single-family residential subdivision and property along Yorktown Boulevard for commercial development. Development Plan: The subject property is 18.80 acres in size. The applicant has not submitted any specific plans concerning the future commercial development. Existing Land Uses & Zoning: The subject property is currently zoned "FR" Farm Rural District, consists of vacant property, and has remained since annexation in 1995. To the north and south are single-family residential subdivisions zoned "RS-4.5" Single-Family 4.5 District. Additionally, to the north is Master Channel 31 (Drainage Ditch). To the east is a recently rezoned subdivision under development zoned "RS-4.5" Single-Family 4.5 District and "CN-1" Neighborhood Commercial District. To the west is a vacant property zoned "FR" Farm Rural District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. Utilities: Water: 12-inch C900 line located along Yorktown Boulevard. Wastewater: 12-inch PVC FM line located along Yorktown Boulevard. Gas: 8-inch Service Line located along Yorktown Boulevard. Storm Water: Roadside ditches located along Yorktown Boulevard. 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 and "CN-1" Neighborhood Commercial District is consistent with the adopted Comprehensive Plan (Plan CC). The following policies should be considered: Staff Report Page 3 • 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). • Encourage convenient access from medium-density residential development to arterial roads. (Future Land Use, Zoning, and Urban Design Policy Statement 3). Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, and does not have a negative impact upon the adjacent properties. • A proposed north/south "C1" Minor Collector Street traverses the subject property and connects Yorktown Boulevard to the single-family residential subdivision located to the north of the subject property across Master Channel 31. Planning Commission and Staff Recommendation (April 28, 2021): Approval of the change of zoning from the "FR" Farm Rural District to the "RS-4.5" Single- Family 4.5 District and "CN-1" Neighborhood Commercial District. Number of Notices Mailed — 17 within 200-foot notification area 1 outside notification area As of April 23, 2021: In Favor — 0 inside notification area _ — 0 outside notification area 0 In Opposition — 0 inside notification area — 0 outside notification area 0 Z Totaling 0.00% of the land within the 200-foot notification area in opposition. a *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 Rs. o� A. � r 1s 4.Sgy yo oy a !4 12 w S• s 18 3 8 �i Prdposed RS45 F - � SUBJECT, PROPERTY 4 RS-4.5 RS-4.5 Proposed CN=1 FART R 9 0 / A. C -1 RS-4.5 'c Y. Hare Caafad-mr3M2f 250 Soo Prepared ay:JeremyM Feer Dop,'—o[of Uvvvfapmanr Servlcv CASE:0421-04 ZONING & NOTICE AREA RM-1 Multifemllyl IL Light Industrial RM-2 MultifamlEyY IH Heavy mtluatrlel RM-7 Multifamily3 PUO Planned Unit Oev.Overlay pN ProtessimilOffl- RS-10 single-Family 10 $IUBJECT Fill Multifamily AT RS-6 Single-FamllyS CN-1 Neighborhood Commercial RSyS Single-Family 65 — /PROPERTY CN-2 Neighborhood Commercial RS-TF T—Family CR-1 Resort Commercial RS-15 Smgle-Family 15 CR-2 —,t Commercial RE Residential Estate CG-1 General Commercial RS-TH Townhouse CG.2 General Commerual gp Speciiai Permq CI Intensive Cemmere i RV Recreational Vehicle Park CBO Oownlown Commercial RMH Manufactured Nome CR-3 Resort Commercial FR Farm Rural HHiatodc Overlay x aP auainees Park Sources..Esri,HERE,Gar w t: Intermap,INCREMENT P, Bunn wo nramedr Q ares s Ese Japan,METI,Esri Ch City ry Cf 4 oraerawennarb xsreaoe y m�a LOCATION MAP NGCC,(c�0penSi eetWa CKong),Esri Korea,Esn(TI hrj s aNammaaversnrp rame /� Sd Zoning Case #0421 -04 Jackie Homes, LLC. Rezoning for a Property at 7602 Yorktown Boulevard From "FR" To "RS-4.5" and "CN-1" o N boa y Vicinity Map e City Council wax, June 15, 2021 Aerial Overview tea. y h 11 o`71 04� Pro osed.R5-4.5 SUBJECT PROPERTY Pro osetl-N-1 4 y da:" Zoning Pattern and Adjacent Development f �Jb Q0-6 OOpW9 ogg 20O 0O N ,/,�/� CSG Q0�6 R8 4.5 20a 7l 0 7 X0977 �Oo X006 G�30�og �� G30�4f� ME6a=� X094 20071 �OOg QO�o� QO 71F �aG�, SUBJECT X09 0 PRWF .wryProp. G�30og G3044og QOog 2020 �0�0 X094 G30g4eg g X0 AS-4.6 04 2090 �0�0 -2 X094 f Q0A4og 2092 60� fQ RO-4.5 9008 G30og • '' X0971 630.4.5 X094 :;,. 'J..r 20095 Public Notification 17 Notices mailed inside 200' buffer `° 1;- ��YST 1 Notices mailed outside 200' buffer — y J S Notification Area s I6 ® 3 Opposed: 0 (0.00%) g Proposed 854.5 FR' Separate Opposed Owners: 0 SUBJECT PROPERTY R5 6.5 BgRT Proposed CN-1 In Favor: 0 � RS-d.5 Notified property owner's land in square feet/Total square footage of all property in the notification area = Percentage of public opposition Planning Commission and Staff Recommendation Approval of the "RS-4.5" Single-Family 4 .5 District and "CN- 1 " Neighborhood Commercial District _ z e FRoso R Proposed RS- .5 SUBJECT N PRCPER1TY - .r . 4 @ Proposed CN-1 p� 01v�e �0 250 500 00, Prepared 8y:JeremyM Feet �, _ DeparrmenoofDevelopmen[,Services r< CASE:042'-04 a Aerial with Subject Propertya 135. .j a z 4e ar 4 6 v F Subject a yam Property SUBJECT PROPERTY T' Sources: Esri, HERE,Gar w- c Intermap, INCREMENT P, Esri Japan, METI, Esri Ch City of Kong), Esri Korea, Esri(T Corpus LOCATION MAP NGCC,(c)OpenStreetM'a Christi so �o o� A P v AGENDA MEMORANDUM µoRPORP�g4 Public Hearing & First Reading Ordinance for the City Council Meeting 06/15/21 1852 Second Reading Ordinance for the City Council Meeting 06/22/21 DATE: May 11, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning a property at or near 14702 Northwest Boulevard CAPTION: Zoning Case No. 0421-05, Vision Twenty Investments, LLC.: (District 1) Ordinance rezoning property at or near 14702 Northwest Boulevard from the "FR" Farm Rural District to the "CG-2" General Commercial District. SUMMARY: The purpose of the rezoning request is to allow for the construction of a commercial development. BACKGROUND AND FINDINGS: The subject property is 3.868 acres in size. The applicant states that the short term plans for the property include development of the 3.868 acre portion fronting Northwest Boulevard as two lots of equal area, intended for a mixed commercial use. The developer anticipates that an approximately 10,000 square foot single story structure will be built on each lot. The structures will be designed for multiple tenant occupancy, including a mix of general business, retail, and some restaurant use. It is further anticipated that the remainder of the 19.64 parent tract will remain vacant in the short term. Detailed plans for the possible development of the remaining property will be based on market conditions after the completion of the initial commercial development. The subject property is currently zoned "FR" Farm Rural District, consists of vacant property, and has remained since annexation in 1995. To the north are vacant properties zoned "CN-1" Neighborhood Commercial District and "CG-2" General Commercial District. To the south is a vacant property zoned "FR" Farm Rural District. To the east is a restaurant and retail store zoned "CG-2" General Commercial District. To the west is a vacant property zoned "CG-2" General Commercial District. Conformity to City Policy The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for a mixed use. The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, and does not have a negative impact upon the adjacent properties. The proposed rezoning is also consistent with the commercial developments along the Northwest Boulevard (FM 624) corridor. Public Input Process Number of Notices Mailed 7 within 200-foot notification area 1 outside notification area As of May 11, 2021: I n Favor In Opposition 0 inside notification area 0 inside notification area 0 outside notification area 0 outside notification area Totaling 0.00% of the 200-foot notification area* is 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 ALTERNATIVES: 1. Denial of the zoning to the "FR" Farm Rural District to the "CG-2" General Commercial District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Commission Recommendation Planning Commission recommended approval of the zoning to the "FR" Farm Rural District to the "CG-2" General Commercial District on April 28, 2021. Staff recommends approval of the zoning request. Vote Count: For: 7 Opposed: 0 Absent: 1 Abstai ned: 1 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0421-05, Vision Twenty Investments, LLC.: (District 1) Ordinance rezoning property at or near 14702 Northwest Boulevard from the "FR" Farm Rural District to the "CG-2" General Commercial District WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to 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 3.868 acre tract of land, more or less, out of the west half of Block 2, Lot 3, Nueces River Irrigation Park, an addition to Nueces County, Texas, a map of which is recorded in Volume "A", Page 54 of the Map Records of Nueces County, Texas, and also being out of the land parcel described by deed recorded at Document No. 2018029882, Official Public Records of Nueces County, Texas, as shown in Exhibit H "A : from the "FR" Farm Rural District to the "CG-2" General Commercial District The subject property is located at or near 14702 Northwest Boulevard. Exhibit A, which is the Metes and Bounds of the subject property with an associated map attached to and incorporated in this ordinance. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1 , 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1 , Section 1 .10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 2 of 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 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 3 of 5 Exhibit A EXHIBIT A" Description of a 3,868 we tract of land, more or less, out of the west half of Bloch 2, Lot 3, Nueces River Irrigation Park, an addition to Nueces County,Texas,a map of which is recorded in Volume",A",Page 54 of the Map Records of Nueces County, Texas, and also being out of the land parcel described by deed recorded at Document No. 2018029882, Official Public Records of Nueces County,Texas,and being more particularly described by rues and bounds as follows: BEGINNING at a 518 inch iron rod found in the southerly right-of-way Vine of Northwest Boulevard (Farm to Market Highway 624) and being the northeast corner of Lot 26 of the Nueces Diver Irrigation Park, Block 2, Lots 21-28, a subdivision recorded in Volume 67, Pages 720-730 of the Map Records of Nueces County, Texas, and being the northwest Corner of Nueces River Irrigation Park, Block 2, Lot 3, same being the northwest corner of this tract and the POINT OF BEGINNING-, THENCE S 8411 55'29" E,along the southerly right-of-way line of Northwest Boulevard, a distance of 563.27 feet to a 518 inch diameter iron rod found for the northeast corner of this tract; THENCE 5 091,16 16"W a distance of 275,00 feet to a 518 inch iron set for the southeast corner of this tract-, THENCE N 840 55'29"W a distance of 251.55 feet to a 518 inch iron rod set for an interior comer of this tract. THENCE S 09°15' 16"W,a distance of 33.97 feet to a 518 inch iron rod set for the beginning of a curve to the left, having a delta angle of 421132' 10",a radius of 35.OD feet,an arc length of 25.98 feet,and a chord which bears S 12" 00'50"E. a distance of 25.39 feet. THENCE In a southeasterly direction along said curve to the left, an arc distance of 25.98 feet to an iron rod set for the beginning of a curve to the right, having a delta angle of 2651104' 30', a radius of 60.00 feet, an arc length 4f 277.58 feet,and a chord which bears N 80144'40'W,a distance of 88.42 feet-, THENCE in a northwesterly direction along said curve to the right, an arc distance of 277,56 feet to an iron rod set for the beginning of a curve to the left, having a delta angle of 420 32' 10", a radius of 35.00 feet, an arc length of 25.98 feet,and a chord which hears N 301131'20"E,a distance of 25.39 feet: THENCE in a northeasterly direction along said curve to the left, an arc distance of 25-98 feet to an iron rod set for an interior comer of this tract, THENCE N 09'°15' 16"E a distance of 29.58 feet to a 518 inch iron rod set for an interior corner of this tract: THENCE N 84°55'29-W,a distance of 251.58 feet to a 513 inch iron rod set in the easterly boundary line of Lot 26 of the Nueoes River Irrigation Park, Block 2,Lots 21-28,for the southwest corner of this tract: THENCE N 09°15'35"E. along the coornmon boundary with Lot 26 of the Nueces River Irrigation Park,Blade 2.Lots 21-28,a distance of 275.00 feet,to the northwest corner of this tract and the POINT OF BFGIMNiNG,and containing 3.868 acres, more or less. HAYDEN SURVEYING,INC.._- r �- BY, IJ F r, Fred C. Hayden,Jr. ^- Registered Professional Land Surveyor JR, Texas No,4486 1h rl4SG February 10,2021 rf7fl Si14 Jab No. 190467 Page 4 of 5 NORTHWEST - 0'�0.0BL VE). -(FM 624� c)' R.—O'W, 584-55'29"E qye 58455'29-E 1.5 uo: 224.6&p (C) Icl 56127' 584'55*29-E jS'uF 228.3T' C) w- Q jJ f cn TOTAL PLAT AREA 3.868 Acres. z 168496.963 Sq.ft, N84-55'29"W .Put. j N8455'29,,W ,,I-('H I 251-55' yea CA) cal 2519' c d-253" 'b U= 42' Z 39 cd-88.42' NW'44'40"W 265'04 30' (0) r;r)-41.09 k•f I c639.62' t0" �,? A hN -N37-50 "I"T Y)p 04-10,4G, Jij CE) -2500 10N —$7.45' ,,J-34 04' d= -EX.ff-T,D.IT " .R" 206, SURVEY OF: A6.348 acre out. oY the 6.-X-, ncr(- p ayden tract of land descr ,� 1 w,d document 0 i 028Nw hw,v. fil f� Onumb-or 2. 0 pub li C Records of Nueaes Cciunt}, Texu.. urveying, Inc. ............ '4 ME 905 DELTA DR, U C.MANN COFFuS CHMSTL TEX4S 7e412 Pk 361-1315-aNM,FAX XI-991-9034 4'r ESSlp a4 Completion Date: 02-06-21 Checked by: JP aOe- 1- 20 File N.-e. Fred C. Hayden, jr,, RFLNa._ S Drawn RT Surveyed by; Page 5 of 5 PLANNING COMMISSION FINAL REPORT Case No. 0421-05 INFOR No. Planning Commission Hearing Date: April 28, 2021 Owner: Vision Twenty Investments, LLC. o Applicant: Vision Twenty Investments, LLC a Location Address: 14702 Northwest Boulevard Legal Description: Being a 3.868 acre tract of land, more or less, out of the west half of .° Block 2, Lot 3, Nueces River Irrigation Park, an addition to Nueces County, Texas, a map a of which is recorded in Volume "A", Page 54 of the Map Records of Nueces County, QTexas, and also being out of the land parcel described by deed recorded at Document as J No. 2018029882, Official Public Records of Nueces County, Texas and located along the southside of Northwest Boulevard, east of Farm to Market Road 1889, north of Siesta Loop, and west of Hazel Bazemore Parkway. as N From: "FR" Farm Rural District _ To: "CG-2" General Commercial District NArea: 3.868 acres Purpose of Request: To allow for the construction of a commercial development. Existing Zoning District Existing Future Land Use Land Use Site "FR" Farm Rural District Vacant Mixed Use "CN-1" Neighborhood Commercial = a North District and "CG-2" General Vacant Commercial _ 0 Commercial District N _ South "FR" Farm Rural District Vacant Mixed Use N LU East "CG-2" General Commercial District Commercial Mixed Use West 11 CG-2" General Commercial Vacant Mixed Use District 06 Area Development Plan: The subject property is located within the boundaries of the CL c Northwest Area Development Plan and is planned for a mixed use. The proposed rezoning to the "CG-2" General Commercial is consistent with the adopted a o Comprehensive Plan (Plan CC). Q City Council District: 1 Zoning Violations: None ° Transportation and Circulation: The subject property has approximately 560 feet of L street frontage along Northwest Boulevard (Farm-to-Market 624) which is designated as ° a "AY Primary Arterial Street. According to the Urban Transportation Plan, "AY Primary CL N Arterial Streets can convey a capacity between 30,000 and 48,000 Average Daily Trips L (ADT). H Staff Report Page 2 Street Urban Transportation Proposed Existing Traffic O Plan Type Section Section Volume a Northwest 130' ROW 155' ROW 23,838 ADT Boulevard (FMCn "A3" Primary Arterial 624) 79' paved 75' paved (2013) Staff Summary: Development Plan: The subject property is 3.868 acres in size. The applicant states that the short term plans for the property include development of the 3.868 acre portion fronting Northwest Boulevard as two lots of equal area, intended for a mixed commercial use. The developer anticipates that an approximately 10,000 square foot single story structure will be built on each lot. The structures will be designed for multiple tenant occupancy, including a mix of general business, retail, and some restaurant use. It is further anticipated that the remainder of the 19.64 parent tract will remain vacant in the short term. Detailed plans for the possible development of the remaining property will be based on market conditions after the completion of the initial commercial development. Existing Land Uses &Zoning: The subject property is currently zoned "FR" Farm Rural District, consists of vacant property, and has remained since annexation in 1995. To the north are vacant properties zoned "CN-1" Neighborhood Commercial District and "CG-2" General Commercial District. To the south is a vacant property zoned "FR" Farm Rural District. To the east is a restaurant and retail store zoned "CG-2" General Commercial District. To the west is a vacant property zoned "CG-2" General Commercial District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. Utilities: Water: 12-inch ACP line located along Northwest Boulevard (FM 624). Wastewater: 12-inch PVC line located along Northwest Boulevard (FM 624). Gas: 6-inch Service Line located along Northwest Boulevard (FM 624). Storm Water: Roadside ditches located along Northwest Boulevard (FM 624). Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for a mixed use. The proposed rezoning to the "CG-2" General Commercial District is consistent with the adopted Comprehensive Plan (Plan CC). The following policies should be considered: • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • 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). Staff Report Page 3 • Encourage the design of commercial centers in a manner that minimizes the impacts of automobile intrusion, noise and visual blight on surrounding areas. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Commercial development of a small scale for convenience shopping needs is necessary and desirable to serve the outlying portions of the Plan area. (Northwest ADP Policy Statement B). • The expansion of business uses along Northwest Boulevard (F.M. 624) or any other arterial street should be planned and zoned so that the traffic carrying capacity of the street is protected. (Northwest ADP Policy Statement B). Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, and does not have a negative impact upon the adjacent properties. • The proposed rezoning is also consistent with the commercial developments along the Northwest Boulevard (FM 624) corridor. Planning Commission and Staff Recommendation (April 28, 2021): Approval of the change of zoning from the "FR" Farm Rural District to the "CG-2" General Commercial District. Number of Notices Mailed — 7 within 200-foot notification area 1 outside notification area As of April 23, 2021: = In Favor — 0 inside notification area o — 0 outside notification area In Opposition — 0 inside notification area o — 0 outside notification area Z Totaling 0.00% of the land within the 200-foot notification area in opposition. a- *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 RS-6 eer2 Q, W e? Ad CG-2 U CN-1 Z CG-2 ; IL d 4 6 CN-1 NORTHW.EST.BGV. 0 suBJEeri PROPERTY' 2 CG-2 CG-2 5 C[�.2 i i FR 7 CG-2 Dare Creaed:411312021 0 250 500 Prepared By:JejmyM Feer Departmem of Development Sen+ic es GASE:0421-05 ZONING & NOTICE AREA RM/ Multilamilyl IL Light Intl usirial Wa-2 Muhifamily2 kH Heavy lndusMal RM-3 Multifamily 3 PUD Planned Unit Dev..Overlay ON Professional Oil RS-10 Single-Family 10 T SUBJECT RM-AT Multlfamlly AT RS-6 Single-Family6 CN-1 Nalghborhood Commertlal RS-0.3 Single-Family 4.6 PROPERTY CN�2 Neighborhood Commercial RS-TF Two-Family CR-1 Resort Co.mercial RS-15 Single-Family 16 ;cl h_ CR-2 Resort Commertlal RE Rasidenlial Estate CG-1 General Commercial RS_TH Townhause CG-2 General CommercialSP Spectal Permit �} Cl Intensive Commertlal RV Recreational Vehicle Park CBO Downtown Commercial RMH Manufactured Home CR-3 Resort Commercial FR Farm Rural T H Ratdneae Park o Overlay Sources:Esri,HERE,Gar Bp �rslp w -r Intermap,INCREMENT P — — sublect✓'rtpenys Esri Japan,MF4TI,Esn Ch City Of .rtn z0ah�a O arn�ra .M., Kong),Esn K a,Esri(T CoIus 4O.rnxsennm200'Wldoe areae LOCATION MAP NGCC,(c)OpfnStreetMa Chr�isti eaedredrnenershiptebk morpos— Zoning Case #0421 -05 Vision Twenty Investments, LLC. Rezoning for a Property at 14702 Northwest Boulevard (FM 624) From "FR" To "CG-2" M N .'4} Y I' If -- NORHWEST BLVD�F r P Y rm � b Vicinity Map 4 fi City Council June 15, 2021 Aerial Overview .s. T0 Z a SUBJECT ., „ PROPERTY T ,Z CG-Z FR 2 Zoning Pattern and Adjacent Development 99951, 2000 9 X77 �H-1 CH-11 ao�f}hwp X009 2008 CO-2crit -._ 9903 WBJEM o C�a�9 0' `g 2001 0 o o [509 Y ti_ r Public Notification 7 Notices mailed inside 200' buffer 1 Notices mailed outside 200' buffer W cry-i z cc-z �z Notification Area "yo R•i EST.BLVp ® n Opposed: 0 (0.00%) - - SUBJECT Separate Opposed Owners: 0 PROPERTY z s CG-2 FR In Favor: 0 Notified property owner's land in square I feet/Total square footage of all property in the notification area = j Percentage of public opposition tee. Planning Commission and Staff Recommendation Approval of the "CG-2" General Commercial District � C . � cF qrC G ^� V r �+ SUBJECT PROPERTY a CG-2 CG-2 ' F R rk► d k" d tl r Da re' Cred:-4113/2021 0 250 500 Prepared 8y:JeremyM Feer DeparrmenrW evelapmenr,Services CASE.042'-05 Aerial with Subject Property f ' Subject Property \ SUBJECT PROPERTY Sources: Esri, HERE,Gar wr Intermap, INCREMENT P, Esri Japan, MEfI, Esri Ch City of ' Kang), Esri Kof�f�ea, Esri(T Corpus LOCATION MAP NGCC,(c)OpenStreetMa Christi so �o o� A H AGENDA MEMORANDUM WoRPORPg4 Public Hearing/First Reading for the City Council meeting of June 15, 2021 1852 Second Reading Ordinance for the City Council meeting of June 22, 2021 DATE: May 20, 2021 TO: Peter Zanoni, City Manager FROM: Dan McGinn, AICP, Director of Planning and Environmental Services DanielMc@cctexas.com 361-826-7011 Public Hearing on the Flour Bluff Area Development Plan CAPTION: Ordinance adopting a new Flour Bluff Area Development Plan, an element of the Plan CC Comprehensive Plan; rescinding the former Flour Bluff Area Development Plan adopted on September 14, 1993; and amending the Plan CC Comprehensive Plan. SUMMARY: The Flour Bluff ADP is an element of the City's Comprehensive Plan, designed to provide guidance and direction for the future development of this area. This planning effort will replace the previous ADP for the Flour Bluff area of the community, which was adopted in 1993. BACKGROUND AND FINDINGS: The City of Corpus Christi engaged the Freese and Nichols planning consultant team to evaluate current conditions, future opportunities, and identify a path forward that will direct public investment and facilitate future development in the Flour Bluff area. Flour Bluff Area Development Plan (ADP) Content: The major goals, policies, and implementation elements of the Flour Bluff ADP address the following: Introduction • Development of the Plan • Demographics • Engagement Process • Online Survey Summary Future Land Use Map The Flour Bluff Future Land Use Map serves as a guide to future zoning and development decisions and provides a foundation to support the vision and recommendations of the plan. Vision Themes • Safe and Healthy Community • Strong Local Economy • Protect Natural Resources Policy Initiatives and Implementation • Provide stormwater management solutions to help flood-prone areas and enhance natural recreation assets. • Create equitable opportunities for all Flour Bluff residents. • Improve roadway conditions and connect the community through alternative transportation options. • Foster Flour Bluff community pride. Public Investment Initiatives • Short-term (1-5 years) • Mid-term (6 -10 years) • Long-term (More than 10 years) Public Engagement: To develop the Flour Bluff ADP, the planning team gathered public input during online community meetings held March 25, 2020, October 7, 2020, and March 24, 2021, and during online surveys and virtual open house forums held March 12 through May 11, 2020, October 7 through October 21, 2020, and March 22 through April 11, 2021. In addition, an Advisory Committee met throughout the planning initiative to provide guidance on both the process and content of the document. Five focus group meetings were also held in August of 2020 to gather area stakeholder and expert feedback on topics impacting the community and the plan. ALTERNATIVES: The planning process incorporated an iterative review process with the community to identify and assess alternatives. Staff believes this document represents the best alternative, developed in partnership with the public. FISCAL IMPACT: Adoption of the plan itself does not have a financial impact. While the plan presents public investment initiatives, City staff and Council would review and approve future actions with financial obligations needed to implement this plan. Funding Detail: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A RECOMMENDATION: Staff, the Flour Bluff ADP Advisory Committee, and Planning Commission recommend adoption of the Flour Bluff Area Development Plan. LIST OF SUPPORTING DOCUMENTS: Ordinance April 16, 2021 Draft Flour Bluff Area Development Plan April 16, 2021 Draft Flour Bluff Future Land Use Map March 22-April 11, 2021 Flour Bluff ADP Online Open House Summary March 18, 2021 Flour Bluff ADP Background Report PowerPoint Presentation Ordinance adopting a new Flour Bluff Area Development Plan, an element of the Plan CC Comprehensive Plan; rescinding the former Flour Bluff Area Development Plan adopted on September 14, 1993; and amending the Plan CC Comprehensive Plan. WHEREAS, the Planning Commission has forwarded to City Council its reports and recommendations concerning the adoption of the Flour Bluff Area Development Plan; WHEREAS, with proper notice to the public, public hearings were held d u ring a meeting of the Planning Commission and during a meeting of the City Council, during which all interested persons were allowed to give testimony and present written evidence; WHEREAS, City Staff invited the public to online Community Meetings and online Community Surveys and Open House Forums to give input to help develop a Flour Bluff Area Development Plan for Corpus Christi, and to receive public feedback; WHEREAS, an Advisory Committee provided guidance and assistance throughout the process and staff coordinated with various community agencies; WHEREAS, the City shall use the Flour Bluff Area Development Plan as a guideline for urban growth, implementation of policy initiatives and public investments, and to facilitate other plans that the city considers necessary for systematic growth and development; and WHEREAS, the City Council has determined that these amendments would best serve 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. The Flour Bluff Area Development Plan, adopted by City Council ordinance #21746 on September 14, 1993 is hereby rescinded. SECTION 2. The Flour Bluff Area Development Plan, as shown in Exhibit A, which is attached and incorporated by reference, is adopted as an element of the Plan CC Comprehensive Plan (Comprehensive Plan). SECTION 3. To the extent that the amendment made by this ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendment made by this ordinance. The Comprehensive Plan, as amended from time to time and except as changed by this ordinance, remains in full force and effect. SECTION 4. The City Council intends that every section, paragraph, subdivision, clause, phrase, word or provision hereof shall be given full force and effect for its purpose. Therefore, if 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, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. SECTION 5. This ordinance takes effect after final passage on 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 EXHIBIT A City of Corpus Christi Flour Bluff Area Development Plan FLOUR BLUFF FLOUR MUFF 6"WIS DRAFT APRIL 16, 2021PLAN CC Flour Bluff AREA DEVELOPMENT PLAN j;F EXHIBIT A IBI wu c THIS PAGE INTENTIONALLY LEFT BLANK FLOUR BLUFF FLDUR MUFF juSIME11 ASSOCIATJo y. f T�f 50 E I f� r ITA EXHIBI Fi ACKNOWLEDGMENTS CITY COUNCIL PLANNING COMMISSION ADVISORY COMMITTEE PARTNER AGENCIES East Eas Paulette M.Guajardo Jeremy Baugh Flo Craig Casper Mayor Chair Parks and Recreation Advisory Committee Corpus Christi Metropolitan Planning MichaeT.Hunter Daniel Dibble Mary Flores Organization(MPO) l Council Member At-Large Vice Chair Resident Tommy Kurtz Cynthia Garza John Martinez Justin Green Corpus Christi Regional Economic Council Member At-Large Commission Member Resident Development Corporation(CCREDC) Mike Pulsey Javier Gonzalez Chad Huckabee Robert MacDonald Council Member At-Large Commission Member Audubon Outdoor Club of Corpus Christi Corpus Christi Metropolitan Planning Billy A.Lerma Brian Mandel Michael Miller Organization(MPO) Council Member District 1 Planning Commissioner Gordon Robinson Commission Member Corpus Christi Regional Transportation Ben Molina Michael Miller Michael Morgan Authority(CCRTA) Council Member District 2 Commission Member Flour Bluff Business Association Roland Barrera Benjamin Polak(Ex-officio) Benjamin Polak Council Member District 3 Navy Representative Naval Air Station Community Planning Liaison Greg Smith Sheldon Schroeder Officer CONSULTANT TEAM Council Member District 4 Commission Member Chief Robert Rocha Gil Hernandez Michael York City of Corpus Christi Fire Department FREES E Council Member District 5 Cliff Sehlabach Commission Member Surfrider Foundation-Texas Coastal Bend <NICHQLS Kamran Zarghouni Chapter smill Commission Member Chief Dale Scott Freese and Nichols,Inc. Emergency Services District 2 11200 Broadway Street,Offices West Greg Smith Suite 2320 Council Member District 4 Pearland,TX 77584 Velma Soliz-Garcia Superintendent,Flour Bluff ISD Shirley Thornton Flour Bluff Citizen's Council CITY OF CORPUS CHRISTI [0 RA FTI FLOUR BLUFF AREA 0 E V E L 0 PM ENT PLAN [0 RA FTI ii APRIL 161 2021 APRIL 16, 2021iii IB IT A EXHIBI %4 HOLD FORORDINANCE HOLDFOR ORDINANCE CITY OF CORPUS CHRISTI [0 RA FT] FLOUR BLUFF AREA 0 E V E L 0 PM ENT PLAN [0 RA FT] iv APRIL Ifi, 2021 APRIL I6, 2021 v IB IT A EXHIBI %4 HOLD FORORDINANCE HOLDFOR ORDINANCE CITY OF CORPUS CHRISTI [0 RA FT] FLOUR BLUFF AREA 0 E V E L 0 PM ENT PLAN [0 RA FT] vi APRIL Ifi, 2021 APRIL I6, 2021 vii 2 INTRODUCTION 10 FUTURE LAND USE MAP 16 VISION THEMES 24 POLICY INITIATIVES AND b* � IMPLEMENTATION dl ���!ice � 1 '�•'-� 36 PUBLIC INVESTMENT INITIATIVES EXHIBI I oucro ► 4 DEVELOPMENT OF THE PLAN The Flour Bluff Area Development Plan(ADP) The ADP was developed through a is an element of the Plan CC Comprehensive comprehensive public engagement process Plan.The ADP is intended to provide an that integrated the examination of the analysis of the Flour Bluff area and create existing conditions and the vision of the strategic recommendations to guide future community.An Advisory Committee was INTRODUCTION development.As the community grows,the created to assist in guiding the planning City should have plans in place to guide process and provide a representation of the anticipated growth.By understanding the area's residents,business owners,and development patterns and the impact it has stakeholders.The committee's participation on the community,the City will be better was essential to the development of the prepared for the future.This plan serves as a final plan.Although the Advisory Committee guide for City leadership to make regulatory championed the process,the community and policy decisions as well as prioritize was involved throughout the process and infrastructure improvements to increase the participated in multiple engagement events quality of life. and activities.Residents and stakeholders gave their input regarding the future of Flour The Flour Bluff area of Corpus Christi is Bluff through online surveys and various located west of Padre and Mustang Islands community engagement events,including and east of the Southside bounded by Oso an Online Community Meeting.Many of the Bay to the west and Laguna Madre to the recommendations identified in this plan are a east.South Padre Island Drive(SPID),bisects direct product of the input received,resulting the community,and the Naval Air Station- in a community-driven plan. Corpus Christi and Waldron Field. FL00R RLOFF AREA 0 E V E L 0 PM ENT PLAN [0 RA FTI APRIL I6, 2021 3 BIT A EXHIBI DDDIlCIIDN INTR0011CTI DEMOGRAPHICS I ' vacantS.4% vacant 9.3% t, t , 23,700 22,881I& Renter Occupied Renter-Occupied 20,334 21,492 Median Household Income Owner-OccupiedI 2000 2010 2019 2024* Flour Bluff ' Corpus Christi Population Growth by Year Average Annual Growth Rate ' ' Occupied Housing Units 'Projected Population 2010-2019 I I I EDUCATIONAL 1 ' I25+(2019)1 0.2% High School Graduate or GED College Degree 4.1% Native Hawaiian and Asian Other Pacific Islander 1.1% 6.4% 0.9% 85+ 0-4 American Indian 4.ther 13.3% and Alaska Native Some Other Race I 65-84 12.8% 5.1% s-14 4.3% Two or More Black or African yyyy99 American 37.1 White Median Age 38.3% 2g% No High School Degree Graduate or Professional Degree I35-64 15-34 OriginHispanic Sou U.SCemus Beaµ.Cercus 21110 Summary Fk 1.Es,ibrxastsbr 2019aM 2024.El,i<omerted Cercus 2000 data into 2010 geograply. CITY OF CORPUS CHRIST'i6of.Alny Race I 10 RA FTI FL00R 9LOFF AREA 0EV EL0 PM ENT PLAN 10 RA F T 1 4 APRIL IF6 2021 APRIL 16, 2021 5 FfOU CT I ON 0 ENGAGEMENT PROCESS Advisory Committee Meeting 1 Metro[tuest Survey Launched a Online Community Meeting 1 ' Focus Groups a* . The AdvisoryCommittee met at the An online survey was available to a Partici nts joined the live ^ _ Y Pa 1 A series of five focus group meetings ti . Ethel Eyerly Senior Center to identify ■ . the public,allowing for input r _N ' ■ presentation for the first Online m were held to discuss specific topics m issues and opportunities for the area. be received regarding the current Community Meeting to learn about Nrelated to Flour Bluff.The purpose of o' o conditions and vision for the area. o o the Area Development Plan process the meetings was to discuss topics o and give input related to the Flouro that are significant to the future 0 o -Bluff's future growth. o development of the Flour Bluff. us Advisory Committee Meeting 3 o Online Open House 1 0 o Online Community Meeting 2 o Advisory Committee Meeting 2 The Advisory Committee met to The Online Open House was #t' �v A live online presentation was given to the The Committee members participated review draft renderings,action items, available for the community community to provide the draft vision themes, in a workshop to discuss the draft vision and projects. to provide feedback on the — policy initiatives,and future land use plan.The themes,policy initiatives,and potential — draft vision themes,policy o `* meeting was broadcast on Facebook Live.A changes to the future land use plan. o initiatives,and future land use o recording of the presentation was available on o 0 o plan. o o the project website following the meeting. o 0 r � 1 i !Advisory Committee Meeting 4 Online Community Meeting 3 Online Open House 2 a Advisory Committee Meeting 5 The Advisory Committee met to review A live online presentation was given to The Online Open House The Advisory Committee met to Adoption the draft Area Development Plan. the community to provide the draft plan. was available for the _N m recommend the draft plan move — TBD The meeting was broadcast on Facebook community to provide forward to be presented to Planning Live.A recording of the presentation was feedback on the draft plan. o o Commission and City Council. o o available following the meeting. 00IBIT A EXHIBI R 0 0 U CT I INTROONCTI ONLINE SURVEY SUMMARY WHAT WOULD YOU CONSIDERi YOU CONSIDER SOCIALGREATEST ENVIRONMENTAL ISSUE GREATEST FACING FLOUR BLUFF? FLOUR BLUFF TODAY? 41 % 69% Vid 1 social issues�;k - 1i WHAT 47% Flooding Homelessness 11111 ' THE 7 WHAT WOULD111 ' THE IF2 Utilities THREE GREATEST INFRASTRUCTURE THREE GREATEST LAND USE ISSUES P' F I ISSUES FACING FLOUR BLUFF TODAY? FACING FLOUR BLUFF TODAY? 3�Environmental Cuncerns mznlk Other 4)Mix of Land Uses Water 26 Access to Bus _ Infrastructure Service Zt and Schools 20% Not enough or inadequate natural WHAT IS YOUR VISION FOR FLOUR BLUFF? recreation opportunities Storm WaterInability to �� withother areas of the "My vision for Flour Bluff is that we become "To be a collaborative community that values Infrastructure® walk or ride a family-friendly community that offers sustainability" a bike to _______________ something for the residents and those who Sewer places 11% job opportunities visit our community." "Clean,safe beach-side community" Infrastructure m�t -------------- Poor Street/ 6% nough housing options "Be known as a premier safe residential area that allows plentiful access Failing Septic Pavement to waterways and abundant recreational parks and trails to enjoy wooded System Conditions 3 Other areas.' ------------------------ "Safe,diverse&relaxed community to raise "That there be a wide variety of families with pride in our community spirit and accessible recreational activities" beautiful environment." Traffic and Congestion CITY OF Ca RPOS CHRISTI [0 RA FT] FL00R 9LOFF AREA 0 E V E L 0 PM ENT PLAN [0 RA FT] 8 APRIL 161 2021 APRIL I6, 2021 9 Illi EXHIBI FNTURE_L -NO E M FUTURE LAND USE MAP v FUTURE LAND USE MAP The use of land is a critical ingredient in about land uses and development patterns determining the way people live and work. specific to the Flour Bluff planning area. There are two factors to consider when The future land use designations for Flour designating land use,how land is currently Bluff have been revised to reflect community being used and potentially could be used in input,anticipated development,and best the future.In many cases,the existing active practices. land use on property remains unchanged. For undeveloped property,there are The Flour Bluff Future Land Use Map opportunities to shape the way land can serves as the guide for future zoning be developed in the future.In both cases, and development decisions and provides the most direct tool cities have to guide a foundation to support the vision and the development of land is through zoning. recommendations of the plan.This is Zoning is the prescribed legal use of a parcel accomplished by setting a land use of land basedon city regulations.Zoning is, framework that influences regulatory in large part,influenced by the designations mechanisms and policy decisions that identified on the Future Land Use Map. shape the built environment.Each of the designations presented on the Flour Bluff The Plan CC Comprehensive Plan(adopted Future Land Use Map correlates with the 2016)identified future land uses for the designations identified in Plan CC. entire city and provided guidelines for development.The Area Development Plan process is intended to go into further detail FL00R RLOFF AREA 0 E V E L 0 PM ENT PLAN [0 RA FTI APRIL 16, 2021 II 001BITA EXHIBI T U R E L A N 0 U S E M A P F U T U R E L A N 0 U S E M FUTURE LAND USE CATEGORIES AGRICULTURE/RURAL COMMERCIAL USES TRANSITIONAL AVIATION TRANSPORTATION ENTERPRISECommercial laud uses include retail,services, SPECIAL DISTRICT Airports,railroads,highway and interstate hotel,and office uses that are typically rights-of-way. This category includes farms and other open to the public at large.High-density The Transition Aviation Special District is enterprises that serve the rural population. residential uses,such as townhomes,cottage a district for transition from residential housing,apartments,and condominiums are to nonresidential uses,but for a different considered compatible with commercial uses. reason.NAS-CC and the City prepared and PLANNED DEVELOPMENT Other commercial uses,such as wholesale adopted a Joint Land Use Study(JLUS) RESIDENTIAL USES and distribution businesses,are included in 2013 that called for land use changes in the light industry category because Planned development areas are lands that to ensure compatibility with military and are current) undevelo ed or underutilized The predominant residential land use in the they have similar impacts,such as high Y p civilian aviation.For NAS-CC,this means but may taking suitable in the future for varlet City of Corpus Christi is the single-family volumes of trucking.Schools,churches,and Y Y avoiding residential land uses and other of uses,Lakin into account environmental dwelling at a range of densities.All residential neighborhood-serving public uses can be concentrations of people between the military g and other constraints.Planned development categories also include schools,churches,and included in commercial land use areas. installation and South Padre Island Drive. neighborhood-serving public uses. Implementing this recommendation f the areas are expected to require a rezoning JLUS is particularly important for NAS-CCthe tied to a master planning process or an Area Low-density residential:up to 3 units one i the most important employers Development Plan process. per acre in INDUSTRIAL USES Corpus Christi. Medium-density residential:4 to 13 units per acre(including two-family dwellings) Most of the industrial uses within the city Note:For more information about categories limits of Corpus Christi are light industrial; included in the Future Land Use Map,please High-density residential:more than 13 heavy industry is generally located in the refer to pages 55-57 of Plan CC. units per acre industrial districts outside the city limits. PERMANENT OPEN SPACE Parks and playgrounds,recreational fields and facilities,greenways,and other green areas GOVERNMENT managed dffor rppublic access and recreation. Government uses include federal,state, V/��"!/��"�/��"�/ ��/y/��" county,regional and municipal government FLOOD PLAIN CONSERVATION facilities and installations,except for government-owned institutions. Lands within the 100-year flood plain, preferably preserved for environmental reasons. CITY OF CORPUS CHRISTI [O RA FTI FLOUR BLUFF AREA 0 E V E L 0 PM ENT PLAN [0 RA FTI 12 APRIL I6 2021 APRIL 16, 2021 13 fUIBIT Ao sti EXHIBI RE LANG USE MAP FTTfJ' LANG OSE M - M Oso Bay wiiiia�s gdand FUTURE LAND USE MAP k e — E 358,- ...,, :Agriculture/ /� afire/say m E EE 339: Enter 3%: Enterprise .Commercial 3861 3-/.:.. . Government .....1,073:..................8% 11N�y Ra �� F�On ..... ........................................... Industrial . .................:........................: �� _ mss'" y : 2649 20/ : a. / Li ht Industrial 18'. 0/0: :Low -Density Residential 5 a Future Land Use add �p`� Medium // 0Oa Agriculture/Rural Enterprise :Density : 1,338: 10%f JJII Residential /r .......................................................................... Governmenit J High-Density c 310E 2%E /1 o� Heavy Industrial ResiTandsportaltion 4,413: 34% CJI 1 "bb", Light - Low-Density Residential ........... .................:.....................................o..: ° Permanent s e,. medium-Density Residential Open Space 652: 5/oE / .a' r..:..............................:......................................... - mensal lllllll�High Density Res' Planned : 31 0% and Permanent bOpen Space app Development : : , Flood Plan Conservation ........................:..................:......................... Ba yM Davis Transition i i eSe,VJ1 T Aviation Special Dist rict Aviation 445: 3%: Development R S penal District WaterL�� ......................................................................... ''m.. FBluff tl Flood Plain [�Corpus Boundary ,• 136: 1/o: Corpus Christ City Limits o Conservation �.....................................................................�..� N� Blvd E :Water E 1,312E 10/0: a� n b evia�sbau�0� \� con � gregula�ronsor esUbYsb g d sNci bounaanes ......................Total.................13,1071 100.0%E Miles I., Source:Freese and Nichols DATE:April 16,2021 CITY OF CORP6S CHRISTI [0 RA FTI FL 0 R'R L II FF AREA 0 E V E L 0 PM ENT PLAN [6.R(�F11 14 APRIL Ifi, 2021 APRIL 1�', 2'6.21 15 i' it 4, I 1 VISION THEMES Although development is generally impacted f by a variety of regulatory factors,market influences, mmunityand budgetary availabilityta community with a clear vision can better `�"b;�'✓�� focus the goals for the future.The vision VISION THEMES for the community should future a high level M f/h PSrn p tt� overarching idea of the future that maintains ?W, � .R rj �I URI a singular path for the future.To achieve that M vision,the City must make an effort to direct fr+�,•Yv development and make improvements that align with the vision. Through the public engagement process, Cn1 tofg of clif{r .S ItS three vision themes emerged related to the crF bifdlsl Weft'v,f�nALh residents'desires for the future.The following are the vision themes identified: ' �a'1 •Safe and Healthy Community 'CK VU1 p— 0-e �7U,ryd SPS Create safe and healthy V�gyJ�'DUII 5 d neighborhoods that keep the community + {-i.U141�"fo a+? strong and connected. l r2%.1 • b Strong Local Economy aF `rS 1110 Shit2Sadnhrot4n Usin Support our local businesses so they can { thrive. i...t(03,if•a(LMt A)e tif'r ffK%f� •Protect Natural Resources emi Wl�f h4Ce b-te Protect habitat and wildlife to improve 104 c{wop""V)-(�'a'r'zf environmental quality of the Laguna zrs'i/hCY+lrAae+G(� Madre and Oso Bay. fibra FLOUR BLUFF AREA 0 E V E L 0 PM ENT PLAN C0 RA FTI APRIL I6, 2021 17 4 r; i a aye, _..... •�s:w ` _1�-.... _ _ �e .. I � r , e , I` r, SAFE AND HEALTHY COMMUNITY COMMUNITY Create safe and healthy neighborhoods that keep the community strong and connected. Schools The following community input supports the Crosswalks vision theme: • "A family friendly neighborhood with safe and Flour Bluff's pedestrian-friendly streets connect all modes of transportation to the amenities in •Walkable area that creates a sense of place quality amenities." the community.Flour Bluff prides itself on being a welcoming place for families to live and grow. and destination With nearbyoutdoor amenities and easy access to daily necessities,residents experience a "Walking trail or fishing piers would bring Y Y p Pedestrians walking on the sidewalk and value to the community and make it walkable. high quality of life.The connected bike lanes and sidewalk network accommodate safe,efficient using the crosswalk Bring up the overall health of the population:' movement of pedestrians,bikes,and vehicles throughout Flour Bluff.The vision for Flour Bluff is to continue to provide safe routes to schools.The development of additional transit,walking, Biking on the one-way cycle track "Safe,diverse&relaxed community to raise and biking facilities creates a community that residents can comfortably move around at any families with pride in our community spirit age and access shopping,restaurants,and services.Flour Bluff will continue to be a safe place and beautiful environment." that attracts new families by ensuring high-quality development,attractive neighborhoods,and efficient development patterns. "To have more hiking and bike trails and to better streets in the future." CITY OF Ca RPOS CHRISTI [0 RA FTI FL00R 9LOFF AREA 0 E V E L 0 PM ENT PLAN [0 RA FTI 18 APRIL 161 2021 APRIL 16, 2021 19 I ir V STRONG LOCAL ECONOMY KEY ELEMENTS COMMUNITY INPUT Support our local businesses so they can thrive. Mix of commercial retail,restaurants,and The following community input supports the services vision theme: I •Gateway features "A clean community with more opportunities Flour Bluff's vision is to continue to provide quality goods and services that meet the for dining,shopping,and parks:' community's needs.Flour Bluff prides itself on welcoming new businesses and supporting •Signage be existin businesses with vital infrastructure and locations that attract quality businesses en community where can shop,dine,and it 9 9 Y Revitalized commercial buildings entertained.I would like it to be a community and visitors.Residents can find everything they need in Flour Bluff with outdoor amenities that shows it's pride to the rest of the city and and easy access to daily necessities contributing to a high quality of life.The development Landscaping in medians of additional family-friendly entertainment to serve multiple generations creates a where others would like to come and enjoy community that residents can continue to enjoy at any age.The beautification along major Improved streetscape and evening:' streets enhances Flour Bluff's safe atmosphere that attracts new families,high-quality Community gathering space "See Flour Bluff grow and thrive with families, development,attractive neighborhoods,and efficient development patterns. community involvement and activities." CITY OF Ca RPOS CHRISTI [0 RA FT] FL00R RLOFF AREA 0EV EL0 PM ENT PLAN [0 RA FT] 20 APRIL 161 2021 APRIL 16, 2021 21 6I H EXHIBI ION THEMES VISION THEM h,,.. y _ ee PROTECT NATURAL RESOURCES KEY ELEMENTS COMMUNITY Protect habitat and wildlife to improve environmental quality of the Laguna Madre and Oso Bay. Birding The following community input supports the Biking vision theme: [ • "A collaborative community that values Flour Bluff is located in the Coastal Bay ecosystem.The peninsula is surrounded by Oso •Kayaking sustainability." Bay,Cayo del Oso,and Laguna Madre.This environment provides plenty of opportunities Trails "I would love an Oso Bay type park with trails for environmental preservation and recreation.Residents and visitors enjoy fishing,Birding, in the area.It would be awesome one day to biking,and kayaking in Flour Bluff.They value their connection with nature and want to protect Native flora and fauna the environment for future generations.The Hike and Bike bridge that crosses the Oso Bay be able to walk or ride bikes along shoreline and connects to the Oso Bay Wetlands Preserve is a highlight of the community that attracts safely,with a view of the water." cyclists,birders,and more.Implementing educational and monitoring programs will support "A destination for Birding,wildlife and fishing the on-going maintenance and enhancement of preservation and conservation areas in Flour using our natural resources.Proud residents Bluff. where our families will want to stay for generations to come." CITY OF CORPOS CHRISTI [0 RA FTI FL00R RLOFF AREA 0EV EL0 PM ENT PLAN [0 RA FTI 22 APRIL IF6 2021 APRIL 16, 2021 23 EXHIBI V, IMPLEMENTAT( m POLICY INITIATIVES Four policy initiatives were established to focus on implementation efforts to achieve the POLICY visions described in this plan.Policy initiatives are not exclusive and may further the goal of one or more vision themes.For each policy initiative,strategies are identified to support the implementation of the efforts.These strategies are the actions taken by the City that lead to the successful implementation of the plan. INITIATIVES AND VISI[N THEMES IMPLEMENTATION r[ ECONOMYSAFE AND HEALTHY STRONG LOCAL PROTECT NATURAL Provide stornowater ................................................................................................................. Improve roadway conditions and connect 3 the community through alternative transportation V V V FL00R RLOFF AREA 0 E V E L 0 PM ENT PLAN [0 RA FTI APRIL I6, 2021 25 001BITA EXHIBI L I C Y I N I T I A T I V E S A N 0 1 M P L E M E N T A T 1 0 N P 0 L I C Y I N I T I A T I V E S A N 0 1 M P L E M E N T A T I 1.4. Explore opportunities to appropriately 1.6.1. Identification and monitoring replenish natural wetlands and ponds of remaining suitable habitat with redirected stormwater,such as locations for species of Red Head Pond,ensuring water quality conservation concern,such remains balanced for the continued as remnant Live Oak-Redbay health of the entire local ecosystem. woodlands; 1.5. The City will work with Federal and 1.6.2. Establishment of a monitoring State agencies to use,where feasible program for tidal flooding and and environmentally beneficial,natural, shoreline erosion along the [ or man-made wetlands as stormwater Laguna Madre and Oso Bay; W WE GET THERE retention facilities to prevent shoreline 1.6.3. Development of nature-based erosion while promoting habitat and solutions that provide erosion 1.1. Where drainage channels are installed, recreation amenities. control,habitat restoration and encourage a Swale design rather than 1.6. Partner with area universities, protection projects,and low- the traditional"v"type ditch.Swale _ community and environmental impact recreation opportunities, design drainage channels allows park- organizations,as well as local,regional, along with adaptive management like amenities,attractive pocket prairies, state,and national agencies to develop strategies; sidewalks/bike paths,while providing and execute a natural resources 1.6.4. Collaboration on rant funding flood protection and wildlife habitat g g opportunities.Natural ground cover - management plan for Flour Bluff, and other opportunities,such rather than concrete liners is preferred including: as conservation easements,to for this reason. •* ., implement projects. ,. .'" .,. 1.2. In partnership with the Public Works Stormwater Department,investigate opportunities to reduce peak stormwater ^ flows and localized flooding,that also Example W Rtoswak-1 enhance local landscaping aesthetics, such as rain gardens,bioswales,as well as increased use of rain barrels .t for rainwater capture and landscape irrigation. .k 1.3. Promote community engagement in the Parks Master Plan update and explore opportunities to install stormwater detention,retention,and/or rain gardens and bioswales that enhance the park amenities. . Example W Draiwge htllkies Used for hail Connection SCM1anen HikdRike hail Current View of Laquna Shores Rd.F nq North Red Head Pond CITY OF CORPUS CHRISTI [0 RA FT] FLOUR BLUFF AREA 0 E V E L 0 PM ENT PLAN [0 RA FT] 26 APRIL I6 2021 APRIL I6, 2021 27 001BITA EXHIBI L I C Y I N I T I A T I V E S A N 0 1 M P L E M E N T A T 1 0 N P 0 L I C Y I N I T I A T I V E S A N 0 1 M P L E M E N T A T I 1.7. Work with partner agencies to enhance 1.10. Create recreational opportunities 1.12. Explore the use of effluent from the 1.16. Require connection to City sanitary publicly-owned lands,such as the City along Laguna Madre and Oso Bay by Laguna Shores Wastewater Treatment sewer when and if such service is property surrounding Dimmit Pier developing a network of parks,open Plant to create a managed wetlands area available.When service is not available, and the County-owned Held Tract space,trails,and public access points. that provides additional water filtration, allow on-site disposal technologies south of Naval Air Station for habitat 1.10.1. Construct a hike and Bike trail wildlife habitat,and natural recreation that offer the best protection to the and natural recreation opportunities connection to the Oso Bay opportunities. natural environment and meet TCEO where appropriate and compatible with Wetlands Preserve across 1.13. Explore possible amendments to the requirements. adjacent uses. the Oso Bay and along the Unified Development Code(UDC)that 1.16.1. Work with programs such as 1.8. Develop an invasive species abandoned railroad trestle. would preserve riparian corridors Texas A&M Agrilife Extension management plan to protect at risk 1.10.2. Promote public access points and vegetated buffer strips,while to offer free voluntary on-site habitats. to launch non-motorized establishing setbacks along creeks and septic system inspections. 1.9. Develop a program to educate residents watercraft along the Laguna drainage channels in the Oso Bay and 1.16.2. Investigate opportunities about the benefits and services the Madre and Oso Bay. Laguna Shores watersheds. to connect residential units urban forest provides,and encourage 1.11. Consider developing a voluntary 1.14. Explore opportunities for reclaiming oil currently using on-site septic tree preservation and planting activities property acquisition program for fields and associated roads and pads for systems to city sanitary on public and private lands. purchasing properties that owners conversion to nature parks and public sewer infrastructure where 1.9.1. Work with other public, would like to divest from.Prioritize access points to Laguna Madre. city facilities are nearby and environmental,and community properties that are not suitable for,or 1.15. Work with residents to develop financially feasible. organizations to identify and are difficult to develop due to flooding a Stormwater Management Plan prioritize preservation of risks,or have value for flood control, improve drainage in all Flour Bluff remnant native groves,such as erosion prevention,and/or wildlife neighborhoods. Live Oak-Redbay woodlands, habitat projects.Pursue funding that provide habitat to resident opportunities and partnerships to and migratory wildlife. fund maintenance and operation costs through various state,federal,and non- governmental agencies. i>. Example of Potential Recreational Opportunities at Di—t Pier View of La na Madre from DI—t Pier CITY OF CO RP IIS CHRISTI [0 RA FT] FL00R 9LOFF AREA 0 E V E L 0 PM ENT PLAN [0 RA FT] 28 APRIL 161 2021 APRIL I6, 2021 29 001BITA EXHIBI L I C Y I N I T I A T I V E S A N 0 1 M P L E M E N T A T 1 0 N P 0 L I C Y I N I T I A T I V E S A N 0 1 M P L E M E N T A TI HOW WE GET THERE HOW 2.1. The City's Homeless Services and 2.2. Develop a housing strategy that 3.1. Coordinate with the Corpus Christi Workforce Housing Division will continue addresses the community's diverse Regional Transportation Authority(RTA) to coordinate with the Flour Bluff housing needs,such as starter homes, to develop flexible mobility services to II! Citizens Council,non-profit organizations, programs to assist and promote meet diverse travel needs and increase local churches,and other partner rehabilitation of existing housing stock, access to major destinations.Investment organizations on efforts that improve attainable housing for lower-income in sidewalk and street pavement conditions for those experiencing working families,and housing that allows improvements would be required along homelessness to achieve the goals of residents to age in place. key streets such as Flour Bluff Drive. coordinated entry,family reunification, 23. Collaborate with local and regional 3.2. Utilize drainage channel and utility housing,and jobs,as well as reduce leaders such as the Coastal Bend easement facilities for trail connections the impacts of homelessness on Business and Innovation Center,the to neighborhoods and schools,parks, neighborhoods. Corpus Christi Regional Economic recreation centers,and other public Development Center,the Del Mar Small places,per the adopted Bicycle Mobility Business Development Center,and Plan. Flour Bluff business and community 3.3. Coordinate with the Corpus Christi organizations to provide small business, Metropolitan Planning Organization entrepreneurship,finance,and similar (MPO)to update the Urban workshop opportunities to encourage I � "�*1va PRNlI Transportation Plan based on traffic - - local business investment and growth in demand modeling. Flour Bluff. 1 ..>aaL„yi�ij�llyj 3.4. Partner with the MPO and Naval Air 2.4. Promote the development of reliable Station to explore program requirements electrical as well as broadband fiberoptic and associated funding availability by and 5G communication networks to classifying Waldron Road as a"strategic attract new businesses and remote office- highway network"facility as part of the less workers,as well as to encourage Defense Access Road program with the existing businesses to expand their Department of Defense. operations while remaining in Flour Bluff. 2.5. Promote organizations that work to serve the youth in the area,especially at-risk ` H.0 gA-Ity TM1enkgwmg Nome kids. Existing Sidewalk along Flour BIUB Drive CITY OF CO RP IIS CHRISTI [0 RA FTI FLOUR BLUFF AREA 0 E V E L 0 PM ENT PLAN [0 RA F T 1 30 APRIL 16 2021 APRIL I6, 2021 31 001BITA EXHIBI L I C Y I N I T I A T I V E S A N 0 1 M P L E M E N T A T 1 0 N P O L I C Y I N I T I A T I V E S A N 0 1 M P L E M E N T A TI 3.5. Collaborate with property owners to 3.7. Improve connectivity through Flour explore opportunities and tools to Bluff by extending the sidewalk network privately finance construction of paper through east-west connections between streets in Flour Bluff. Flour Bluff Drive and Waldron Road. 3.6. To assure adequate circulation and Prioritize sidewalk improvements along III egress in times of emergency,prioritize Glenoak Drive and Purdue Road to the extension of Debra/Jamaica Street create safe routes for students walking as a north/south collector north of to school. Mediterranean to serve as a relief route to Laguna Shores Road. HOW WE GET THERE 7=' 4.1. Enhance Flour Bluff gateways with ..... Flour Bluff-"5outh Area"Paper s4rvet inventory - r.9ape monument signs,branding elements, y and enhanced landscaping using native ` vegetation to give a sense of place and f wf([mBl rb local identity. FLOUR BiUFF r - 4.1.1. Utilize City-owned property along SPID for a landscaped ���q(, �" _ gateway/mini-park at the AM pgBd entrances to Flour Bluff. Incorporate major landscaping, statuary,and lighting into the design of primary gateways to Existing Flour Bl GatewV Signage create a distinct and memorable 1' entryway. e 4.1.2. Coordinate with TxDOT to develop a landscaping plan I 'e! for gateway areas that use W native ts.All •. .-,.. r-,� *,' within the TxDOT right-of-waynrts N will require a maintenance 141 agreement and identification \g. of funding for ongoing 8 maintenance. T 4.1.3. Incorporate monumentation, - - landscaping,wayfinding, , - and branding elements on street signs and other public sopsn caMral A—Papa stra.t 1—M° infrastructure to designate the entry to minor gateways and throughout the area,creating a E—pl—Minor Gateway Signage Mth L-d—ping4 ?33 CITY OFCORPHS CHRISTI [ORA FT] FLOHR BLUFF AREA 6EVEL0 PMENT PLAN [6 RA FT32 APRIL 16 2021 APRIL I6, 202 001BITA EXHIBI L I C Y I N I T I A T I V E S A N 0 1 M P L E M E N T A T 1 0 N P 0 L I C Y I N I T I A T I V E S A N 0 1 M P L E M E N T A T I sense of place.Possible branding 4.5. Designation of water view turn-a-rounds 4.7.5. Home rehabilitation volunteer 4.12.Encourage opportunities for mixed locations could include the are intended to maintain and enhance programs like Rebuilding commercial and residential uses when Laguna Madre shoreline area, existing public access to the Oso Bay Together and City-administered compatible with adjacent uses. commercial business corridors, and the Laguna Madre.These areas home repair grant and loan NAS Drive,or along Waldron provide opportunities to view the natural programs;and Road adjacent to the Flour Bluff beauty of the Oso Bay and the Laguna 4.7.6. Explore creating a community ISD campuses.All improvements Madre and the hundreds of bird species volunteer program to aid = to public facilities and rights-of- that inhabit/or migrate through the area. 1 srs, residents that would like to way will require maintenance 4.6. Encourage community participation replace lawns with native agreements and identification of in the ongoing Parks Master Plan plants and trees and prioritize funding source/s. update to identify and build support households that would benefit 4.1.4. Coordinate with Visit Corpus for improvements to City Parks and the most from low-maintenance Christi to develop a branding Recreation facilities in Flour Bluff. landscaping. campaign that aligns with the 4.6.1. Explore and prioritize additional 4.8. Develop a program to install street overall city wayfinding master amenities at Parker Park such lighting on Flour Bluff where current plan currently in development. as a covered basketball court,a conditions are not meeting the City .T 4.1.5. Explore placing electric sand volleyball area,expanded lighting standards for the distance and communication utilities pavilion,and shade structures. between light poles.Ensure lighting underground in key locations. standards reduce light pollution to -a 4.6.2. Collaborate with skate park 4.2. Promote and grow the annual Flour users to improve skateboarding maintain dark skies for wildlife such as Fest as a key local event to connect amenities at Wranosky Park. resident and migrating birds. Na p;,-tmn Chnmti Hi-m-- neighbors and market Flour Bluff's 4.6.3. Improve the Ethel Eyerly Senior 4.9. To increase building use and service to unique offerings throughout the Coastal Center. residents the City will pursue a joint use — Bend. agreement with Flour Bluff Independent 4.7. Pursue a multi-pronged approach School District(FBISD)for recreation 4.3. Work with Visit Corpus Christi to neighborhood and commercial promote eco-tourism opportunities in and park facilities. y,* Flour Bluff,including fishing,birding,and revitalization efforts,such as: 4.10.Encourage development that is kayaking. 4.7.1. Promote National Night Out compatible with the Naval Air Station 4.4. Support expanded and additional events to build neighborhood and Waldron Field by maintaining land relationships and police- use designations consistent with the recreation vehicle area to serve tourists. community partnerships; Air Installation Compatible Use Zone Rezoning of proposed commercial and/ or multi-family land use near SPID 4.7.2. Volunteer cleanup events (AICUZ).Continue coordination with and adjacent to the Laguna Madre and community organization NAS-CC regarding AICUZ updates and for recreational vehicle usage should participation in programs such modifications. be encouraged.Zoning this area for as Adopt-A-Street or Beach; 4.11. Encourage large lot development in the recreation vehicles(RV)would take 4.7.3. Proactive code enforcement southwest quadrant consistent with the advantage of the natural resource of the efforts; existing development trend in the area Laguna Madre,excellent access to SPID, 4.7.4. Promotion of solid waste and to preserve the area's environmental and would meet community objectives programs such as litter critter qualities.The southwest quadrant is to minimize the potential for property and super bag for brush and bounded by the Oso Bay,Purdue Road, -4 P. losses in flood-prone areas. bulky items; Flour Bluff Drive,and the Barney Davis Power Plant. CITY OF CORPOS CHRISTI [0 RA FTI FL00R RLOFF AREA 0 E V E L 0 PM ENT PLAN [0 RA F T 1 34 APRIL I6 2021 APRIL I6, 2021 35 EXHIBITA EXHIBI PUBLIC INVESTMENT INITIATIVES The built environment is the physical Short-term projects can begin soon after interpretation of the vision for the adoption.These projects are considered'low PUBLIC community.The following public investment hanging fruit."They are more attainable and projects represent improvements that do not require large amounts of funding. directly support the implementation of the These projects are generally planned CIP INVESTMENT vision and goals.These projects should projects in the next five years. inform the capital improvement program (CIP)by prioritizing projects identified here Mid-term projects are not as attainable INITIATIVES for future CIP planning.Some identified within the first five years.They require projects are currently planned capital planning or funding to prepare but should be improvements by the City.Others are implemented in six to ten years. proposed projects for implementation based Long-term projects may not currently have on feedback from the community.The public an anticipated time frame for implementation investment projects are divided into three or may require prerequisite planning before time frames: implementation.Long-term projects should •Short-Term(Next 5 Years) be revisited to assess the status of the project and determine if implementation can •Mid Term(6-10 Years) be accomplished sooner. •Long-Term(More Than 10 Years) FL00R RLOFF AREA 0 E V E L 0 PM ENT PLAN [0 RA FTI APRIL I6, 2021 37 4B1B IT AIC INVESTMENT INITIATIVES PUBLIC INVESTMENT INITIATIV corpus Christi oe� o' a )�y •�O SHORT-TERM (1-5 YEARS) a 0 0 l PROJECT NAME P1 Dlmmit Pier Im rove Flour Bluff Dc(Don Patricio Rd.to a [ PARKS I o/ :..... Glenoak Dr.) E ti,p"a Space o p merits .. ... .............. as a E P2I Retta Park Improvements Caribbean Dr.Reconstruction. pep .... (Waldron Rd.to Laguna Shores Dr... �yh / :. .....................................Parker Park Covered Basketball Court """"""""""""""' """"""" """"P3 Yorktown Mud Bridge Evaluation &Improvements ................ .................................................................. H...t.: H. ...t.R n..�;.,t. .... .. ... .. ....... Wranosky Park Skatepark us Iln Hornet e .. III..tion s. P4 ................................................................... a :Improvements Saxony Dr.Rehabilitation PS ..:Oso Bay Trestle Bridge Hike&Bike Micah.St..Rehabilitation...................... y ............................. ...... . Design ' Don Patricio Rehabilitationc E . P6 Oso Bay Hike&Bike Trail Phase 1 a'bbea - :...... .................................................................... a . .Se foam Dr. P7 Red Head Pond Wetlands Laguna Estates Subdivision Street O ... Enhancement .. Rehabilitation '. 7-, ''' """"""""""""""""""""""""""""" Years35IMP**Laguna Shores Phase 1SPID to Graham RdU1 E Naval Base Utility Line Improvements:. .........................................................................................: E U2 Elevated Water Storage Tank E Laguna Shores Phase 2(Hustlin :..... .................................................. ........ as�� Hornet Dr.to Caribbean DQ E U3' Flour Bluff Dr.Water line(complete) ... .................................................................... ............................................. .... ......... Laguna Shores Phase 3 E U Laguna Shores Road Force Main (Mediterranean Dr.to Wyndale St.) Replacement(complete) v! .. .................................................................... ..... .............................................................. Waldron Road Improvements Laguna Madre Wastewater Treatment Planned PUbIIC (SPID to Purdue Rd.) U Plant Improvements .................................................................: . ... ............................................................. ell Investments �' Waldron Road Improvements U6 Lift Station Repairs* (Waldron, E � Short Term Project Types ' (Purdue Rd.to Glenoak Dr.) Purdue,Laguna Shores,Jester) ` a .................................................................... \ Parks antl Treils Q Glenoak Drive Reconstruction+Bike E U7 Glenoak .. so-ee Stormwater Improvements t Im pruvements ..................................... ........................f Mobility(Flour Bluff Dr.to Waldron RdJ Don Patricio Drainage Study uMtyrmfrast—hrre Improvements - P Blvd i Hca .......atri.................................................. Flour Bluff 9ountlary *Projects Not Mapped �� �]Corps Chnsti CAy Limits d **The first two years of the Infrastructure Management Plan(IMP)are considered to be / complete in the planning process,while the subsequent three-years are considered to be on a rolling list that is utilized for planning purposes.The IMP will be updated and presented to oM;les pas Council for adoption annually.Residents are encouraged to visit https://www.cctexas.com/imp / DATE:March t6,2021 for the most current list of projects. CITY aF Ca RPNS CHRISTI [0 RA FTI FLOUR 0 L U Ff; AREA 0 E V E L 0 PM ENT PLAN [0 RA FT j_ 38 APRIL 161 2021 r• APRIL 16, 20 39 % j BITA EXHIBI BLIC INVESTMENT INITIATIVES PUBLIC INVESTMENT INITIATIV �e 0 i/yms \O O N MID-TERM (5-10 YEARS) w� Q 1,PROJECTNAME # PROJECT PARKS ........:.............torlZe.......... ?..............16 Sara/9 %/ —2U1E lsla�d Of =e I Non-Motorized Boat Launches* E E i Laguna Madre Wastewater Treatment Plant Improvements f a P10 :Ethel Eyerly Sensor Center ................................................................... ro . *Projects Not Mapped Improvements 'P is pp d �a v .. ...................... P P11Laguna Madre/Dimmit Pier Trails n 2ha � . ...... Desi9....................................................... mRa E P12,:` Oso Bay Trestle Bridge Construction Paper Streets (Don Patricio Rd.to Division RdJ / �an66EM\ Dove Lane Paper Street .. . . . .................................................... Division Rd.Improvements !� i.. ..................................................................i Mediterranean Dr.Improvements , c i.. ..................................................................: f.. .. ...................................... Yorktown Blvd. Yorktown Blvd Mud Bride ar m g . (Mud Bridge t..Flour Bluff Dr.).................... Yorktown Blvd. /, a/ aaa - E (Flour Bluff Dr.to Waldron RdJ Ra J Yorktown Blvd. J (Waldron Rd.to Laguna Shores Dr.) Planned Public Waldron Rd.Improvements Investments (Caribbean Dr.to Yorktown Blvd.) ' �� .� Flour Bluff Dr.Improvements+Bike E _ Mid Term Project Types Al Mobility(Glenoak Dr.to Yorktown E - nB1"s end T1, ... Blvd:) : i Stret Improvements ... ....................................... ieYmprevemens Hca p Blvd Graham Rd Improvements+Bike Emur eluReunde Mobility Q corpuchnrcnvrm�................................................ Meeks Road Reconstruction OMP- Eligible project) E ... . ................................................................ saa OMiles p DATE:March 16,2021 CITY OF CORPOS CHRISTI [ORA FT] FLOUR ALUFf� AREA OEVELO PMENT PLAN [O RAFT]., 40 APRIL 16 2021 r• APRIL 16, 20 1 41 % j BIT A ELIC INVESTMENT INITIATIVE S aO LONG-TERM (10+YEARS) o PROJECTPARKS °n Sp o ANDTRAILSay e Dimmit Park Trail System tia sa ga�an :.................................................... .P14 E Laguna Madre Living Shoreline P 0 L..........E(GLO Project).........................................E. n G�ha e ao P15 :Laguna Shores Hike&Bike Trail n ...........:................................................................ P16 E Drainage Channel Hike&Bike Trail °n s (Glenoak Dr.to Laguna Madre) . e .......................................... .. ' Drainage Channel Hike&Bike Trail (Parker Park to Laguna Madre) Y F bra Ln./Jamaica St.-Street, ormwater,&Pedestrian E ,' provements+Extension ' . ............................................................vision Rd.lm rovements+Bike o�bility '"n............................................................. "Projects Not Mapped �'��� Acronyms d°ar ° GLO-General Land Office(Projects are from aiR� the Texas Coastal Resiliency Plan) Planned Public Investments Long Term Project Types \ end Tru 1s Str- Q �Street Improvements misty/Infrastructure Improvements -cap Blvd \.. O Flour Bluff Bound.ry ' z!Corpus Chnsr CAy Limits W_ p°a DATE:March 16,2621 CITY OF CORPOS CHRISTI [ORA FT] FLOUR RLII F 'AREA OEVELO PMENi PLAN [ORAFT]�,., 42 APRIL 16 2021 r; APRIL 16, 20�fi 43 A Corpus Christi Bay Ooa�r O� Mcgr Oso Bay Or v QQr c � S-Pacire SoPf ��� � i �r i i � r,,,, ^a�+ r�rtr rufrhirrrrrrrrrrrrrrrrrrrrr ky e Rd ��ay CS wy i Future Land Use Agriculture/Rural Enterprise J Commercial Qom° j Government y Heavy Industrial 0 rho Light Industrial r•.•�•� ��e/bry o Low-Density Residential S'on Medium-Density Residential koro High-Density Residential afro/ Transportation �?ry Permanent Open Space Barney M Davis Flood Plain Conservation Reservoir Transitional Aviation Special District SNN Planned Development Water Flour Bluff Boundary iCo Corpus Christi City Limits Note: Blvd A comprehensive plan shall not constitute zoning regulations or establish zoning district boundaries. 1 Miles boa Source: Freese and Nichols °s DATE:April 16,2021 �r Q�acv I � I I City of Corpus Christi Flour Bluff AREA DEVELOPMENT PLAN City Council June 15, 2021 PLAN CC *- F 1 O Area Development Plans Flour Bluff AREA DEVELOPMENT PLAN ❑ Area Development Plans (ADP) Plan CC are an initiative of the Plan CC Comprehensive Plan Comprehensive Plan -. ❑ An ADP goes into more detail - ti a^ Comprehensive Plan i about future development of �1 a �� A D velop�Flans(ADPS] ' r each area — 9 throughout the , � _ � city ❑ ADPs have been in place for r IMaa severalears and are in the eeFa y Cap tal lmpro men[Plan (rs process of being updated ADP Boundaries - Flour Bluff AREA DEVELOPMENT PLAN Context Map Oso Bay _]z sa,ce uef,�,e ®„d6r z � wrens es Cop•e1y W d �.� �.� Y` �_� __.� ,`rte r � i„ae.ae aransas y `j•' �•zJ y 358 may/ m �' Mezico ,o '. ---- -- ---- d_._,.•�r � � Flour Bluff Con[ex[Map •ri it ;• / 1 �Flour BluR Bountlary °,� 9 j` i :;f Corpus Ghrst Gty LmRs Klcbcr Flour Bluff Development Plan r Boundary //I r/;/ a ch,�sh rL- 10” �w / O Creating an Implementable Plan Flour Bluff AREA DEVELOPMENT PLAN re ccucuon ' �^ zi �" ONLINE SURVEY SUMMARY ,i � � LICY INli IN 11V E5 AXO IMPLEMENiAi ION �iIC VY E—FNS A l AlIYF9 PYbA`46 IhYESIo ME-JN 1{AS.I,Y PROTECT NATURAL RESOURCES SHORT-TERM(1-5 YEARS) a. o ` ��a.ersexre mm a xx xcx x.zxz �� Z, � xxx c.is,zxzi "xisxi ixxxi.. 4 Timeline of Events and Activities - OFloup Bluff AREA DEVELOPMENT PLAN Spring 2021 Winter 2020 Summer 2020 Community Project Kick-Off Focus Groups Meeting • • • • • i Spring 2020 Fall 2020 Spring/Summer Community Community 2021 Workshop Meeting Plan Adoption Advisory Committee • • Process Developing Plan s Introduction Demographics - Flour Bluff AREA DEVELOPMENT PLAN POPULATION' I ' 23,700 22,81131 21,492 38.8% 4D.4% 20,334 • Median Household Income t 2000 2010 2019 2024* Population Growth by Year Average Annual Growth Rate do • • • • •"'Projected Population 2010-2019Flour Bluff Corpus Christi 1 1 Occupied Housing Units 0 0.2% Asian Native Hawaiian and EDUCATIONAL • r ULATION 25+(2019)1 Other Pacific Islander 1.1% 6.4% High School Graduate or GED Colle a De ree 0.9% 85+ 0-4 American Indian 4'7% 13.3% and Alaska Native Some Other Race 5.1% 6s-84 15-14 E 4.3% Two or More s-i4 Black or African American 80.s% 37.1 White Median Age 13.0% 30.3% 28% ' 35-64 15-34 OriginHispanic No High School Degree Graduate or Professional Degree 7 o•,<..a.:.u•, B..., 2010=u,nma1 r I 1.1.E„ro,na.n 019.•a 2024 E„ac.n,,:— 20 9 1h, 4oaeus cyR� 4 i Engagement Process OFloup Bluff Advisory Committee Meeting I Metraguest Survey Launched Online Community Meeting 1 ' Focus Groups �+ The Advisory Committee met at the An online survey was available to d Participants joined the live A series of five focus group meetings " . ■ ■ ■ Ethel Eyerly Senior Center to identify ■ . the public,allowing for inputto —^° t ■ presentation for the first Online T ■ were held to discuss specific topics issues and opportunities for the area. - be received regarding the current Community Meeting to learn about _ RF related to Flour Bluff.The purpose of conditions and vision for the area. o o the Area Development Plan process _. the meetings was to discuss topics o m o and give input related to the Flour that are significant to the future 0 o Bluff's future growth. Now development of the Flour Bluff. r� Advisory Committee Meeting 3 o Online Open House 1 0 11116MI Online Community Meeting 2 p Advisory Committee Meeting 2 The Advisory Committee met to The Online Open House was �:'4'; A live online presentation was given to the The Committee members participated review draft renderings,action items, available for the community community to provide the draft vision themes, in a workshop to discuss the draft vision -� and projects. ■ to provide feedback on the _ ■ ■ policy initiatives,and future land use plan.The _ ■ themes,policy initiatives,and potential — draft vision themes,policy o meeting was broadcast on Facebook Live.A changes to the future land use plan. o initiatives,and future land use oVA recording of the presentation was available on o 0 o plan. o o the project website following the meeting. o 0 Advisory Committee Meeting 4 Online Community Meeting 3 Online Open House 2 Advisory Committee Meeting 5 The Advisory Committee met to review Alive online presentation was given to The Online Open House The Advisory Committee met to Adoption the draft Area Development Plan. was available for the = recommend the draft plan move — F TBD ■ the community td provide the draft plan. ■ ■ The meeting was broadcast on Facebook community to provide —�' J forward to be presented to Planning ■ Live.A recording of the presentation was feedback on the draft plan. o o Commission and City Council. o available following the meeting. o —— Online Survey Summary = Flour Bluff AREA DEVELOPMENT PLAN i WHAT WOULD ICONSIDERWOULD 1 CONSIDER GREATEST EIGREATEST SOCIAL ISSUE FACING Spring 2020 Survey FACING FLOURFLOUR (March 12 — May 11, 2020) ° ° 41 /° 69 / •I I IWHAT IS YOURl 00� ABOUTI .. social issues THING Zk �■•� Flooding Homelessness WHAT I 1 1 I 1 THREE WOULD I CONSIDER I� THREE GREATEST INFRAS TRUCTURE IliATEST ' USE IIISSUES FLOURISSUES FACING 11 1 TODAY? 0Mix of Land Uses Other © Water 28% Schools Service TransportationAccess to Bus Service 21% sand WHAT IS YOUR VISION FOR FLOUR BLUFF? 20% Not enough or inadequate natural "My vision for Flour Bluff is that we become "To be a collaborative community that values recreation opportunities a family-friendly community that offers sustainability" Storm Water Inability to 11/o o with other areas of the ; something for the residents and those who Infrastructures ��walk or ride -'-------- visit our community." "Clean,safe beach-side community" Sewer � places 11% job opportunities "Be known as a premier safe residential area that allows plentiful access Infrastructure ------------- - to waterways and abundant recreational parks and trails to enjoy wooded Poor Street/ 6% n.."housing options ��areas." Failing Septic Pavement ------------------- "Safe,diverse 5 relaxed community to raise 'That there be a wide variety of system Conditions 3% Other families with pride in our community spirit and accessible recreational activities - 9 beautiful environment." Traffic and Congestion Future Land Use Map Future Land Use Map = Flour Bluff AREA DEVELOPMENT PLAN LAND USE I ACRES I PERCENTAGE comas cmur eay :Agriculture/ Rural 339: 3%: a Be,nterprise w 0-...... .. ..... ........ . Commercial 386: 3%; �? .. ................. y �� a �� vjeH � Government1,073: 8/o .... .. ...........E. .... ... ...:.. ..... ....... Heavy ° Industrial 51 0% Light Industrial 18 0% Low Density Residential 2,649 20%: R< G Irl A y Medium- Density 1,338; 10% a � n Residentialo �s j `e^o Future Land Use High-Density j�l/ l r Residential_ 310. 2/0 �. . .. ..... Transportation 4,413: 34%: Permanent Open Space 652 5%: 1 Y//F Planned Development 31: 0/0 . ....... ..:... .... ... �.... r Transition Aviation 445 3/0 : Special District ° � ""`� Flood Plain 136 1%: Conservation _.. . ....... . ... .. ....... Water 1,312. 10% J7 1 100.0% Total 13,107: Vision Themes Vision Themes Flour Bluff AREA DEVELOPMENT PLAN 1. Safe and Healthy Community Create safe and healthy neighborhoods that keep the community strong and connected. KEY ELEMENTS COMMUNITY INPUT • Schools The following community input supports the vision • Crosswalks theme: • Walkable area that creates "A family friendly neighborhood with safe and a sense of place and quality amenities." destination "Walking trail or fishing piers would bring value to the community and make it walkable- Bring up • Pedestrians walking on the the overall health of the population." sidewalk and using the crosswalk "Safe, diverse & relaxed community to raise • Biking on the one-way cycle families with pride in our community spirit and track beautiful environment." "To have more hiking and bike trails and to better 4oaeus cyR� 4 i p :.e y ° � � � yv. .+ �.� >: r ., � �!� �, �_:y ,, � �, w� �� V an� .. *,L� :.Z �� �� a � � °� P Fix �� � .� � �} �' a f <— �s � �`i7" s ; tl� � �7 =� `• ...w„ :. _ 'x � '_�.–. r _..�..� } � F�,,,,-^ .A.�.. rte° .., ��•� •,. ' ll� __ r .. � �: __ .. � �� � + dt r' m' ,�. Vision Themes - Flour Bluff AREA DEVELOPMENT PLAN 2. Strong Local Economy Support our local businesses so they can thrive. KEY ELEMENTS COMMUNITY INPUT • Mix of commercial retail, The following community input supports the vision restaurants, and services theme: • Gateway features "A clean community with more opportunities for dining, Signage shopping, and parks ." • "A community where I can shop, dine, and be • Revitalized commercial entertained. I would like it to be a community that buildings shows it's pride to the rest of the city and where • Landscaping in medians others would like to come and enjoy and evening." • Improved streetscape "See Flour Bluff grow and thrive with families, community involvement and activities." • Community gathering space Vision Themes OFloup Bluff AREA DEVELOPMENT PLAN �� a •r.s i�� .: ,.. �� "ern _. MY 7 �rw v� Vision Themes - Flour Bluff AREA DEVELOPMENT PLAN 3. Protect Natural Resources Protect habitat and wildlife to improve environmental quality of the Laguna Madre and Oso Bay. KEY ELEMENTS COMMUNITY INPUT • Birding The following community input supports the vision theme: • Biking "A collaborative community that values • Kayaking sustainability." • Trails "I would love an Oso Bay type park with trails in • Native flora and fauna the area. It would be awesome one day to be able to walk or ride bikes along shoreline safely, with a view of the water." "A destination for birding, wildlife and fishing using our natural resources. Proud residents where our families will want to stay for generations to come." Vision Themes Flour Bluff AREA DEVELOPMENT PLAN E k �w s a Policy Initiatives and Strategic Action Items 4oaeus cyRm 4 i II' O - OFloup Bluff olicy Initiatives VISION THEMES POLICY INITIATIVES Safe and Healthy Strong Local Protect Natural Community Economy Resources Provide stormwater 1 managemeni t sIoj I q I i M i I Qmmto help flood-prone areas. Create equitable 2 opportunities for all Flour Bluff residents. Improve roadway conditions and connect 3 the community through alternative transportation options. � Foster Flour Bluff community pride. Public Investment Initiatives Short-Term Projects ( 1-5 Years) - OFloup Bluff AREA DEVELOPMENT PLAN PROJECT [Rehabilitation ---------------------------------------------------------------- PARKS 1 r Bluff Dr.(Don Patricia Rd.to oak Dr)Dimmit Pier Improvements bbean Dr Reconstruction Retta Park Improvements ldron Rd to Laguna Shores Dr) Parker Park Covered Basketball Courttown Mud Bridge Evaluation&Improvements E _...n Mulin Hornet Rehabilitation Wranosky Park Skatepark ............Impments ny Dr.Rehabilitation..Oso Bay Trestle Bridge Hike&Bike ; h St.Rehabilitationg . . ..Desi n Patricio RehabilitationOso Bay Hike&Bike Trail Phase t ................ ......... .......... .: oam Dr Red Head Pond Wetlandsna Estates Subdivision Street Enhancement bilitation Laguna Shores Living Shoreline ' s 3-5 IMP** m Laguna Shores Phase 1 (SPID to Graham Rd.) Ul Naval Base Utility Line Improvements 3 U2 Elevated Water Storage Tank ' Laguna Shores Phase (Hustlin' _.. .... ._. ......._. .. w„o `�� 3➢ Hornet Dr.to Caribbean Dr) :U3 Flour Bluff Dr.Water line(complete) Q� Laguna Shores Phase 3 _U4 Laguna Shores Road Force Main an ndaleSt.) (MediterraneDr.to WySt.) en Replacement(complete) .......... .......... ........ ... ........_.... .............. _....... .. �� na d Waldron Road ImprovementsU5 Laguna Madre Wastewater Treatment (SPID to Purdue Rd.) Plant Improvements \\>. Planned Public Waldron Road Improvements 'Lift Station Repairs* (Waldron Investments U6 1h11Tenn Project Types (Purdue Rd.to Glenoak Dr.) Purdue,Laguna Shores,Jester) _ Glenoak Drive Reconstruction+Bike U7 Glenoak Stormwater Improvements '- �C � ��1Ut Mobility(Flour Bluff Dr.to Waldron RdJ' U8 .Don Patricio Drainage Study *Projects Not Mapped **The first two years of the Infrastructure Management Plan(IMP)are considered to be DXrE a , complete in the planning process,while the subsequent three-years are considered to be on a rolling list that is utilized for planning purposes.The IMP will be updated and presented to Council for adoption annually.Residents are encouraged to visit https://www.cctexas.com/imp 22 for the most current list of projects. Mid-Term Projects (6-10 Years) - OFloup Bluff AREA DEVELOPMENT PLAN .ANNE7 M-M, P9 J.Non Motorized Boat Launches* Laguna Madre Wastewater yc Treatment Plant Improvements,, Ethel Eyerly Senior Center P10 ._....... _........._ ............. Improvements r. ° _ .. ............ . .......... *Projects Not Mapped r. � �a — t na Madre/Dimmit Pier Trails - i N n ay Trestle Bridge Construction r StreetsM,_Patncio Rd.to Division Rd.)Lane Paper Streeton Rd Improvementserranean Dr.Improvements IS21 Yorktown Blvd Mud Bridge 1Yorktown Blvd. l 522 (Mud Bridge to Flour Bluff Dr) 3� % 23 Yorktown Blvd. (Flour Bluff Dr.to Waldron Rd) Yorktown Blvd. '°a -� (Waldron Rd.to Laguna Shores Dr) R° Waldron Rd Improvements Planned Public (Caribbean Dr.to Yorktown Blvd.) Investments Flour Bluff Dc Improvements+Bike ��, ��` Mm re.m P.nlec<rypez Mobility(Glenoak Dr.to Yorktown Blvd.) e mpp� Graham Rd Improvements+Bike Mobility Meeks Road Reconstruction OMP- Eligible IMP Eligible protect) 1 � DITE 11 16 M11 i / v 23 I �� Long-Term Projects ( 10+ Years) = Flour Bluff AREA DEVELOPMENT PLAN w. II Dimmit Park Trail System Laguna Madre Living Shoreline (GLO Project) Laguna Shores Hike&Bike Trail a.N. Drainage Channel Hike&Bike Trail (GIenoak Dr.to Laguna Madre) ....._.._..... Laguna ............_..... I Drainage Channel Hike&Bike Trail (Parker Park to Laguna Madre) 4 R` Debra Ln./Jamaica St.-Street, a6 M� Stormwater&Pedestrian Improvements+Extension Division Rd.lmp rovements+Bike A , N r° Mobility o, 3 � Projects Not Mapped ( � Acronyms GLO-General Land Office(Projects are from the Texas Coastal Resiliency Plan) Planned Public off.. Investments \\ Long Term Project Types \\\\. uitiNiinx ,ai anents \' 7 aaarY mo Ci a c,a ciri� W.. / a v 24 Online Open House Summary Flour Bluff AREA DEVELOPMENT PLAN Top 5 Ranked Short-Term Projects: How much do you support adoption of 1. (P5) Oso Bay Trestle Bridge Hike & the Flour Bluff Area Development Bike Design =43 votes Plan? 2. (P6) Oso Bay Hike & Bike Trail Phase 1 = 38 votes fiC% 51% 3. (P3) Parker Park Covered Basketball 3 Court & Improvements = 24 votes 4. (P4) Wranosky Park Skatepark zc% Improvements = 22 votes ops � 5. (S6) Glenoak Drive Reconstruction + Very Supportiv+e Supportive Siam•-1ahat Not Supportive Bike Mobility(Flour Bluff Dr. to Waldron Rd.) = 21 votes 87%of respondents were supportive or very supportive of plan adoption. Recommendation Flour Bluff AREA DEVELOPMENT PLAN Staff, the Flour Bluff ADP Advisory _ :• Committee, and Planning Commission recommend plan adoption. _@6 IrTlffttlj�ttlt�,llll,l.' rT www.cctexas.com/flourbluff 26 City of Corpus Christi Flour Bluff Area Development Plan FLOUR BLUFF � . FLOUR DIY F BACKGROUND DOCUMENT MARCH 10, 2021 Flour Bluff AREA DEVELOPMENT PLAN TABLE OF CONTENTS TABLE OF CONTENTS STUDY AREA BOUNDARY ...........................................................1 STUDY AREA BOUNDARY ............................................................................2 DEMOGRAPHICS...........................................................................5 DEMOGRAPHICS.............................................................................................6 SURVEYSUMMARY ...................................................................................... 8 BUSINESS ANALYST: FLOUR BLUFF EXECUTIVE SUMMARY.............10 BUSINESS ANALYST: CITY OF CORPUS CHRISTI EXECUTIVE SUMMARY...................................................................................................... 12 TRANSPORTATION..................................................................... 15 URBAN TRANSPORTATION PLAN ............................................................ 16 BIKE MOBILITY PLAN ................................................................................ 22 RTA BUS BOARDINGS ................................................................................ 24 TRAFFIC CRASH DATA............................................................................... 32 PUBLIC INPUT: TRANSPORTATION ISSUES ..........................................34 PUBLIC INPUT: WALKING AND BIKING ISSUES.................................... 36 STREET BOND PROJECTS.........................................................................38 RESIDENTIAL STREET REBUILD PROGRAM (RSRP)...........................40 UTILITIES ................................................................................... 43 WATER INFRASTRUCTURE........................................................................44 WASTEWATER INFRASTRUCTURE .......................................................... 52 STORMWATER INFRASTRUCTURE ..........................................................58 CITY OF CORPUS CHRISTI ii MARCH 18 , 2021 TABLE OF CONTENTS NEIGHBORHOOD CONDITIONS ................................................ 61 COMMUNITY ASSETS ................................................................................. 62 AGEOF HOUSING........................................................................................64 POPULATION/MEDIAN INCOME CHANGE.............................................. 66 PROPERTY VALUES....................................................................................68 RESIDENTIAL AND COMMERCIAL PERMITS ......................................... 70 PLANNED PUBLIC INVESTMENTS........................................................... 72 CRIME MAP (2015-2020)............................................................................74 PUBLIC INPUT: CRIME AND SAFETY CONCERNS .................................76 ENVIRONMENTAL CONDITIONS ............................................. 79 PRELIMINARY FIRM....................................................................................80 STORMSURGE ............................................................................................. 82 PUBLIC INPUT: FLOOD PRONE AREAS .................................................. 92 LANDUSE................................................................................... 95 EXISTING LAND USE .................................................................................. 96 SUBDIVISION/PLATTING ...........................................................................98 2016 FUTURE LAND USE .........................................................................100 APPROVED ZONING CASES (2015-2020).............................................102 AIR INSTALLATION COMPATIBLE USE ZONE (AICUZ).......................106 BUSINESS ANALYST: RETAIL MARKETPLACE PROFILE ...................108 0 U R BLUFF ADP BACKGROUND DOCUMENT MARCH 18 , 2021 iii THIS PAGE INTENTIONALLY LEFT BLANK CITY OF CORPUS CHRISTI iv MARCH 18 , 2021 STUDY AREA BOUNDARY STUDY AREA BDUNDARY STUDY AREA BOUNDARY CITY OF CORPUS CHRISTI 2 MARCH 18 , 2021 3 T U 0 Y ChrAfArlso 0 U N 0 A R Y Bay L_ Q �Ce an_�r Oso Bay a �r +F Nrr R a Sarato yo��y S p. Zm�m Bj��9a '4cy acre ys a �'Or Gra ;�� ham Ra ✓Fk y Car �a ibbea�Or O� ac Y ��o or�oW�� . • a '. �Vd •X ¢y a o� °� cYpatro�R a Barney M Davis Reservoir Study Area Q tis Flour Bluff Boundary Corpus Christi City Limits i 1 Miles Sea Ash es. FF ADP BACKGR00ND DOCUMENT MARCH 1B , 2021 THIS PAGE INTENTIONALLY LEFT BLANK CITY OF CORPUS CHRISTI 4 MARCH 18 , 2021 DEMOGRAPHICS DEMOGRAPHICS DEMOGRAPHICS k,k, POPULATION' IF, 1107� 23,700 22,861 20,334 21,492 0 ' i moll 2000 2010 2019 2024* Flour Bluff . Population Growth by Year Average Annual Growth Rate *Projected Population 2010-2019 RACE AND ETHNICITY (2019Y AGE (2019Y 4.1% 0.2% Native Hawaiian and Asian Other Pacific Islander 1.1% 6.4% 0.9% 85+ 0 - 4 American Indian 4'7% 13.3% and Alaska Native Some Other Race 65 - 24 %� 5 2.8% 5.1 - 14 4.3% or More Black or African American 3 80.6% 7.1 White Median Age 38.3% 28% i 55 - 64 15 - 34 CITY OF CORPUS CHRISTI fi MARCH 18 , 2021 DEMDGRAPHI CS HOUSING (2019Y VacantS.4% Vacant 9.3% Renter-Occupied Renter-Occupied Median Household Income Pr Owner-Occupied Owner-Occupied 711 S180 , 377 Flour Bluff Corpus Christi Median Home ValueOccupied Housing Units EDUCATIONAL ATTAINMENT POPULATION 25+ (2I ' High School Graduate or GED College Degree 13.0% ' ' ' No High School Degree Graduate or Professional Degree 'Source:U.S.Census Bureau,Census 2010 Summary File 1.Esri forecasts for 2019 and 2024.Esri converted Census 2000 data into 2010 geography. FLOUR BLUFF ADP BACKGROUND DOCUMENT MARCH 18 , 2021 7 SURVEY SUMMARY SURVEY SUMMARY IMPORTANT!I, WHAT IS THING ABOUT I BLUFF? Social Issues 47 % Environmental2 Utilities Concerns '"Wo, Mix of Land Uses Transportation Schools WHAT IS YOUR VISIONIFLOUR BLUFF? "To be a collaborative community that "My vision for Flour Bluff is that we values sustainability " become a family-friendly community that offers something for the residents and those who visit our community. " "Clean, safe beach-side community" "Be known as a premier safe residential area that allows plentiful access to waterways and abundant recreational parks and trails to enjoy wooded areas." "That there be a wide variety of "Safe, diverse & relaxed community to accessible recreational activities " raise families with pride in our community spirit and beautiful environment. " CITY OF CORPUS CHRISTI 8 MARCH 18 , 2021 SURVEY SUMMARY WHAT WOULD YOU CONSIDERWOULD YOU CONSIDER FACINGGREATEST ENVIRONMENTAL ISSUE GREATEST SOCIAL ISSUE FACING I BLUFF? 41 % 69 % /^440*' ■■ ■■w 06. 4 L J Flooding Homelessness WHAT WOULD YOU CONSIDERWOULD YOU CONSIDER THREE GREATEST INFRASTRUCTURE ISSUES FACING FLOUR BLUFF TODAY? I IIS Other w- - 28% • shopping, • • Water • Access to Bus entertainment. ' Infrastructure —— Service 21% N Hough" . sand recreation facilitie_ 20% Not enough or inadequate natural recreation opportunities Storm Water Inability to 11% with other areas of the Infrastructure • ' ' , walk or ride , a bike to --a Sewer places 110/0 job opportunities Infrastructure • Poor Street/ 6% Not enough housing options Failing Septic Pavement ---a System Conditions 3% Other Traffic and Congestion FLOUR BLUFF ADP BACKGROUND DOCUMENT MARCH 18 , 2021 9 BUSINESS ANALYST : FLOUR BLUFF EXECUTIVE SUMMARY BUSINESS ANALYST : FLOUR BLUFF EXECUTIVE SUMMARY esriExecutive Flour Bluff Prepared by Esri Area: 20.49 square miles Population 2000 Population 20,334 2010 Population 21,492 2019 Population 22,861 2024 Population 23,700 2000-2010 Annual Rate 0.56% 2010-2019 Annual Rate 0.67% 2019-2024 Annual Rate 0.72% 2019 Male Population 49.7% 2019 Female Population 50.3% 2019 Median Age 37.1 In the identified area,the current year population is 22,861.In 2010,the Census count in the area was 21,492. The rate of change since 2010 was 0.67%annually.The five-year projection for the population in the area is 23,700 representing a change of 0.72%annually from 2019 to 2024.Currently,the population is 49.7%male and 50.3%female. Median Age The median age in this area is 37.1,compared to U.S.median age of 38.5. Race and Ethnicity 2019 White Alone 80.6% 2019 Black Alone 4.3% 2019 American Indian/Alaska Native Alone 0.9% 2019 Asian Alone 4.1% 2019 Pacific Islander Alone 0.2% 2019 Other Race 4.7% 2019 Two or More Races 5.1% 2019 Hispanic Origin(Any Race) 34.3% Persons of Hispanic origin represent 34.3%of the population in the identified area compared to 18.6%of the U.S.population. Persons of Hispanic Origin may be of any race.The Diversity Index,which measures the probability that two people from the same area will be from different race/ethnic groups,is 64.1 in the identified area,compared to 64.8 for the U.S.as a whole. Households 2019 Wealth Index 70 2000 Households 7,214 2010 Households 8,087 2019 Total Households 8,572 2024 Total Households 8,874 2000-2010 Annual Rate 1.15% 2010-2019 Annual Rate 0.63% 2019-2024 Annual Rate 0.69% 2019 Average Household Size 2.65 The household count in this area has changed from 8,087 in 2010 to 8,572 in the current year,a change of 0.63%annually. The five-year projection of households is 8,874,a change of 0.69%annually from the current year total. Average household size is currently 2.65, compared to 2.64 in the year 2010.The number of families in the current year is 5,896 in the specified area. Data Note:Income is expressed in current dollars. Housing Affordability Index and Percent of Income for Mortgage calculations are only available for areas with 50 ormore owner-occupied housing units. Source:U.S.Census Bureau,Census 2010 Summary File 1.Esri forecasts for 2019 and 2024.Esri converted Census 2000 data into 2010 geography. February 18,2020 CITY OF CORPUS CHRISTI 10 MARCH 1B , 2021 BUSINESS ANALYST : FLOUR BLUFF EXECUTIVE SUMMARY %pesn- ExSummary ecutive Bluff Prepared by Esri Area: 20.49 square miles Mortgage Income 2019 Percent of Income for Mortgage 16.7% Median Household Income 2019 Median Household Income $52,741 2024 Median Household Income $59,289 2019-2024 Annual Rate 2.37% Average Household Income 2019 Average Household Income $71,207 2024 Average Household Income $82,608 2019-2024 Annual Rate 3.01% Per Capita Income 2019 Per Capita Income $26,729 2024 Per Capita Income $30,958 2019-2024 Annual Rate 2.98% Households by Income Current median household income is$52,741 in the area,compared to$60,548 for all U.S.households.Median household income is projected to be$59,289 in five years,compared to$69,180 for all U.S.households Current average household income is$71,207 in this area,compared to$87,398 for all U.S.households. Average household income is projected to be$82,608 in five years,compared to$99,638 for all U.S.households Current per capita income is$26,729 in the area,compared to the U.S.per capita income of$33,028. The per capita income is projected to be$30,958 in five years,compared to$36,530 for all U.S.households Housing 2019 Housing Affordability Index 123 2000 Total Housing Units 8,065 2000 Owner Occupied Housing Units 4,216 2000 Renter Occupied Housing Units 2,998 2000 Vacant Housing Units 851 2010 Total Housing Units 8,940 2010 Owner Occupied Housing Units 4,897 2010 Renter Occupied Housing Units 3,190 2010 Vacant Housing Units 853 2019 Total Housing Units 9,359 2019 Owner Occupied Housing Units 4,939 2019 Renter Occupied Housing Units 3,633 2019 Vacant Housing Units 787 2024 Total Housing Units 9,652 2024 Owner Occupied Housing Units 5,109 2024 Renter Occupied Housing Units 3,764 2024 Vacant Housing Units 778 Currently,52.8%of the 9,359 housing units in the area are owner occupied;38.8%,renter occupied;and 8.4%are vacant. Currently,in the U.S.,56.4%of the housing units in the area are owner occupied;32.4%are renter occupied;and 11.2%are vacant. In 2010,there were 8,940 housing units in the area-54.8%owner occupied,35.7%renter occupied,and 9.5%vacant. The annual rate of change in housing units since 2010 is 2.06%.Median home value in the area is$180,377,compared to a median home value of$234,154 for the U.S. In five years,median value is projected to change by 3.75%annually to$216,864. Data Note:Income is expressed in current dollars. Housing Affordability Index and Percent of Income for Mortgage calculations are only available for areas with 50 or more owner-occupied housing units. Source:U.S.Census Bureau,Census 2010 Summary File 1.Esri forecasts for 2019 and 2024.Esri converted Census 2000 data into 2010 geography. February 18,2020 FLOUR BLUFF ADP BACKGROUND DOCUMENT MARCH 18 , 2021 11 BUSINESS ANALYST : CITY OF CORPUS CHRISTI EXECUTIVE SUMMARY BUSINESS ANALYST : CITY OF CORPUS CHRISTI EXECUTIVE SUMMARY # esr[ Executive Summary Corpus Christi City,TX Prepared by Esri Corpus Christi City,TX(4817000) Geography: Place Corpus Christ... Population 2000 Population 277,326 2010 Population 304,875 2019 Population 334,834 2024 Population 350,689 2000-2010 Annual Rate 0.95% 2010-2019 Annual Rate 1.02% 2019-2024 Annual Rate 0.93% 2019 Male Population 49.1% 2019 Female Population 50.9% 2019 Median Age 36.3 In the identified area,the current year population is 334,834.In 2010,the Census count in the area was 304,875. The rate of change since 2010 was 1.02%annually.The five-year projection for the population in the area is 350,689 representing a change of 0.93%annually from 2019 to 2024.Currently,the population is 49.1%male and 50.9%female. Median Age The median age in this area is 36.3,compared to U.S.median age of 38.5. Race and Ethnicity 2019 White Alone 79.3% 2019 Black Alone 4.3% 2019 American Indian/Alaska Native Alone 0.7% 2019 Asian Alone 2.3% 2019 Pacific Islander Alone 0.1% 2019 Other Race 10.5% 2019 Two or More Races 2.8% 2019 Hispanic Origin(Any Race) 63.8% Persons of Hispanic origin represent 63.8%of the population in the identified area compared to 18.6%of the U.S.population. Persons of Hispanic Origin may be of any race.The Diversity Index,which measures the probability that two people from the same area will be from different race/ethnic groups,is 66.1 in the identified area,compared to 64.8 for the U.S.as a whole. Households 2019 Wealth Index 81 2000 Households 98,782 2010 Households 112,671 2019 Total Households 123,286 2024 Total Households 129,124 2000-2010 Annual Rate 1.32% 2010-2019 Annual Rate 0.98% 2019-2024 Annual Rate 0.93% 2019 Average Household Size 2.66 The household count in this area has changed from 112,671 in 2010 to 123,286 in the current year,a change of 0.98%annually. The five- year projection of households is 129,124,a change of 0.93%annually from the current year total. Average household size is currently 2.66, compared to 2.66 in the year 2010.The number of families in the current year is 83,038 in the specified area. Data Note:Income is expressed in current dollars. Housing Affordability Index and Percent of Income for Mortgage calculations are only available for areas with 50 ormore owner-occupied housing units. Source:U.S.Census Bureau,Census 2010 Summary File 1.Esri forecasts for 2019 and 2024.Esri converted Census 2000 data into 2010 geography. March 26,2020 CITY OF CORPUS CHRISTI 12 MARCH 1B , 2021 BUSINESS ANALYST : CITY OF CORPUS CHRISTI EXECUTIVE SUMMARY esti- Executive Summary Corpus Christi City,TX Prepared by Esri Corpus Christi City,TX(4817000) Geography: Place Corpus Christ... Mortgage Income 2019 Percent of Income for Mortgage 14.4% Median Household Income 2019 Median Household Income $53,614 2024 Median Household Income $60,050 2019-2024 Annual Rate 2.29% Average Household Income 2019 Average Household Income $76,645 2024 Average Household Income $87,431 2019-2024 Annual Rate 2.67% Per Capita Income 2019 Per Capita Income $28,312 2024 Per Capita Income $32,282 2019-2024 Annual Rate 2.66% Households by Income Current median household income is$53,614 in the area,compared to$60,548 for all U.S.households.Median household income is projected to be$60,050 in five years,compared to$69,180 for all U.S.households Current average household income is$76,645 in this area,compared to$87,398 for all U.S.households. Average household income is projected to be$87,431 in five years,compared to$99,638 for all U.S.households Current per capita income is$28,312 in the area,compared to the U.S.per capita income of$33,028. The per capita income is projected to be$32,282 in five years,compared to$36,530 for all U.S.households Housing 2019 Housing Affordability Index 144 2000 Total Housing Units 108,023 2000 Owner Occupied Housing Units 58,921 2000 Renter Occupied Housing Units 39,861 2000 Vacant Housing Units 9,241 2010 Total Housing Units 125,320 2010 Owner Occupied Housing Units 66,742 2010 Renter Occupied Housing Units 45,929 2010 Vacant Housing Units 12,649 2019 Total Housing Units 135,929 2019 Owner Occupied Housing Units 68,315 2019 Renter Occupied Housing Units 54,972 2019 Vacant Housing Units 12,643 2024 Total Housing Units 141,917 2024 Owner Occupied Housing Units 71,518 2024 Renter Occupied Housing Units 57,605 2024 Vacant Housing Units 12,793 Currently,50.3%of the 135,929 housing units in the area are owner occupied;40.4%,renter occupied;and 9.3%are vacant. Currently,in the U.S.,56.4%of the housing units in the area are owner occupied;32.4%are renter occupied;and 11.2%are vacant. In 2010,there were 125,320 housing units in the area-53.3%owner occupied,36.6%renter occupied,and 10.1%vacant. The annual rate of change in housing units since 2010 is 3.68%.Median home value in the area is$158,052,compared to a median home value of$234,154 for the U.S. In five years,median value is projected to change by 2.44%annually to$178,321. Data Note:Income is expressed in current dollars. Housing Affordability Index and Percent of Income for Mortgage calculations are only available for areas with 50 or more owner-occupied housing units. Source:U.S.Census Bureau,Census 2010 Summary File 1.Esri forecasts for 2019 and 2024.Esri converted Census 2000 data into 2010 geography. March 26,2020 FLOUR BLUFF ADP BACKGROUND DOCUMENT MARCH 18 , 2021 13 THIS PAGE INTENTIONALLY LEFT BLANK CITY OF CORPUS CHRISTI 14 MARCH 18 , 2021 TRANSPORTATION URBAN TRANSPORTATION PLAN URBAN TRANSPORTATION PLAN --------------------------- ------------------------------------------------------------------------------------------------------------------------------------- EXISTING ROADWAY CLASSIFICATIONS PROPOSED(MILES) (MILES) EX Al Minor Arterial (Undivided) 0.0 6.1 PR ........................................................ ....................... .................................................... EX :***********:***********: A2, Secondary Arterial (Divided) 3.9 3.0 : PR ........................................................ ....................... .................................................... EX A3, Primary Arterial (Divided) 0.6 : 0.0 .......................... .................................................... EX .........i C1 Minor Collector 7.2 23.0 : PR ....................... .................................................... EX ......... C2 Secondary Collector 0.0 0.9 PR ....................... .................................................... EX F1, Freeway/Expressway 2.9 0.0 ....................... .................................................... E X .........i Pi Parkway Collector 0.0 5.3 PR ....................... .................................................... EX Right-of-way 6.5. 0.0 ...................... .................................................... RA3, Primary Rural Arterial PR 0.0 0.2 (Divided) ................... ................. ............................................. .................. 21.2.:......................................... : ........................................................................Total:.......................... 38.5......... ........... EX - Existing PR - Proposed CITY OF CORPUS CHRISTI IG MARCH 18 , 2 0 2 1 URBAN TRAN--$rRD671AT10N PLAN Bay r Mora/e Ra a` so Bay r ° ° o , 358 Sdrd...,_ S�paare� Z� m �a % p ' G. L431 Dr e paha as '� �'Ra. ✓F ♦ �` I QP 4Rd ♦% J. 4. , Farb ♦ �a O Urban Transportation Plan Road Classifications ��'•. ��° '� Al -Minor Arterial (Undivided) xor/ro�h ----Al proposed A2-Secondary Arterial (Divided) '• d♦'•.� " ° --- A2 proposed `..� —A3-Primary Arterial (Divided) �s'ro —C1 -Minor Collector 71` - �` - C1 proposed C2-Secondary Collector proposed Barney M Davis : F1 -Freeway/Expressway Reservoir P1 -Parkway Collector J� P1 proposed RA3-Proposed RW-Existing Flour Bluff Boundary p Blvd Corpus Christi City Limits 1 Miles Source City of Corpus Christi `s pines`O�' Data collected April 6,2020 s �r FLOft R BLUFF ADP BACKGROUND DOCUMENT f" MARCH 1B , ZD� 14�y 17 aEr 15 URBAN TRANSPORTATION PLAN ROADWAY DESCRIPTIONS The following are descriptions for each roadway type identified on the map. For full details of each roadway type, see the Urban Transportation Plan Design Criteria Manual. C1 - Minor Residential Collector The Minor Residential Collector is the lowest order collector and provides for internal neighborhood circulation as well as property access. This type of collector should not connect parallel arterial streets but may connect with arterial streets which are perpendicular to one another. This is the most common type of Collector Street and it will circulate traffic within a neighborhood, moving it from a higher order arterial street to a local access street. This street class is not intended to be continuous for more than one mile. Off-sets, or "'T"' intersections, are appropriate for this class of street in order to prevent short cuts through neighborhoods. This street type may serve low density housing to medium density multifamily housing, elementary schools or other uses with similar traffic generating characteristics. C1 Street Section Row —. W NCEWU hYYUC ry FrAkiA JVL !-I 77[3i WW 7]{ raw 71 tm. 1i.CWE r LME TNISO A SUWVM r nUALE WR C2 - Secondary Collector The Secondary Collector will be used to upgrade an existing Minor Collector Street where traffic generation has exceeded existing street capacity or in undeveloped areas where the density of development may not warrant a higher street classification. The Secondary Collectors may service low density residential uses, medium density residential uses, elementary and middle schools, low intensity business uses or other uses with similar traffic generating characteristics. The Secondary Collector may be used as a loop collector between perpendicular arterials to serve high density commercial corners. The loop collector can serve as a boundary between commercial and residential uses and provide convenient circulation to and from residential areas served by high density commercial nodes at arterial intersections. C2 Street Section I r,wt R at n r., . n a i .e'+* ue fD 9uLrop"i -Y rkr,%*j M'4f CITY OF CORPUS CHRISTI 18 MARCH 18 , 2021 URBAN TRANSPORTATION PLAN P1 - Parkway Parkways take advantage of natural or man-made scenic views or areas. Parkways will contain wide hike and bike trails on the scenic side of the street. P1 Street Section ifI 11, i' 11 wig V w 9W f EK Al - Minor Arterial Streets The Minor Arterial provides for City-wide and inter-neighborhood traffic mobility but functions at a lower level then the Secondary Arterial. The primary emphasis is on traffic movement with more emphasis on land access than the Secondary Arterial. - ----A1-Stre-et Secticrrr- 15.5 � "4 4 Lanes-mtn Untlnuous t.eft Tum Lane S 5' 1].5' 95 FtG,W A2 - Secondary Arterial Streets Secondary arterials are commonly located along neighborhood borders and collect traffic from residential areas and channel vehicles to the primary arterial system. The primary emphasis is on traffic movement rather than on land access. A2 Street Section ,. 7r ,tx ` ec,9 r, I 5' Y ISN i9.6 1E' ICC' ROW FLOUR BLUFF ADP BACKGROUND DOCUMENT MARCH 18 , 2021 19 URBAN TRANSPORTATION PLAN A3 - Primary Arterial Streets The primary arterial street system connects with the freeway system to accommodate trips of moderate length with a lower level of travel mobility and a higher level of land access. The primary arterial street system distributes traffic to geographic areas and serves major commercial and industrial districts. Such facilities may carry local bus routes and provide inter- community continuity, but should not penetrate identifiable neighborhoods. A3 Street Section 1 S' S 196 7 li° Is -,' 1Q iaY Y yr 7 1` 1W 4aw Right-of-way Right-of-way (ROW) refers to the width of land necessary to construct roadways, medians, parking lanes, sidewalks, roadway drainage, and utilities. The expanding use of public rights- of-way by utilities and telecommunication networks places greater demands on public spaces. Most ROW is dedicated during final subdivision platting. If the roadway is a border street, each adjacent owner is expected to dedicate a maximum of one-half of the required ROW. An additional ROW may be required at major intersections and interchanges for turning lanes. The amount and location of rights-of-way required are reflective of the specific roadway, the volume of traffic, and the Urban Transportation Plan. CITY OF CORPUS CHRISTI 20 MARCH 18 , 2021 URBAN TRANSPORTATION PLAN RA3 - Primary Rural Arterial The primary arterial street system connects with the freeway system to accommodate trips of moderate length with a lower level of travel mobility and a higher level of land access. The primary arterial street system distributes traffic to geographic areas and serves major commercial and industrial districts. Such facilities may carry local bus routes and provide inter- community continuity, but should not penetrate identifiable neighborhoods. RA3 Street Section M Y{`IICh hllrulnra GFf FMMM V-Dirrn 43` }0' it i bY' W11!' 1ST 14' 48' 121!' d i3Q' 240`1lb,.fP!_ F1 - Freeways / Expressways The main function of freeways and expressways is to carry traffic within the community and between major activity centers of the region. Freeways and expressways are used for longer urban trips and carry a higher proportion of the total area traffic on less mileage. Expressways and Freeways are ordinarily designed and constructed by the Texas Department of Transportation (TxDOT). The freeway and expressway system carries most of the traffic entering and leaving the urban area, as well as most of the through traffic movement bypassing the central City. Freeways are characterized by having at-grade intersections and may serve high-density residential, retail, service, and industrial uses. When these streets have grade separated interchanges, they may be identified as "expressways." F1 Street Section 36' E .b� �x 22 . 1d `.- 13 1?' ,q �5 17' .- ..._�i.,�. -, •.-0 7S° IA, 1? le:13. 9 1' 13' 1 zoo, 200. r. 400 FLOUR BLUFF ADP BACKGROUND DOCUMENT MARCH 18 , 2021 � | � � KH � � | | | T � � | 8 � � . � � � � � . � . . . . � � .. BIKE MOBILITY PLAN Bike Boulevard � 9] : �--'�----------------------'�-----------------------.� � � Buffered Bike Lane {lO � �--'�----------------------'�-----------------------.� � � 1'wayCycle Track (both sides) 177 � �--'�---------------------- �-----------------------.� 2-wayCycle Track (one side) 0.8 � �--'�----------------------'�-----------------------.� Multi-use Sidepath (one side) {lO � �--'�----------------------'�-----------------------.� Of 'Road Mu|ti'useTrai| 3.2 � �--'�----------------------'�-----------------------.� Corridor Study 4.5 � ���������������. ��������� ---------------- ............................ � Total 34.6 � ��������������������������' ....................................................................... . Bike Boulevard metro area isatsidewalk level adjacent toor Bicycle Boulevards are typically local or in [|05e proximity t0the sidewalk. neighborhood streets that prioritize travel . Multi-use SidaoatM (one side) bybicycle. Bicycle Boulevards encourage Ashared-use 5idepa'h. located 0none side low motor vehicle speeds, which discourages 0fthe street (adjacent and parallel t0a through traffic, and include safe crossings 5t[eet). that accommodates two-way non- at buSy5t[eet5. thu5pnJvidinga |0vv5t[e55 motorized traffic. Shared use paths are not experience for cyclists. dedicated bicycle facilities and thus also serve Buffered Bike Lana pedestrians. inline skaters, wheelchair users, �0gg�[5 �nd0th�[ n0n'nl0t0[iz�du5�[5 Buffered bicycle lanes designate ap0[ti0n joggers, . of roadway for exclusive use by bicycles . Off-Rmad Multi-use Trail (by way 0fstriping, signage, and pavement Apath, typically found along greenways, markings) that i5separated from the waterways, active 0[ abandoned railways, vehicular travel lane or from parked [a[S by and utility ea5enlentS, within a [ight'0f' a5t[ipedbuffe[ 5pa[e (typi[aUy2'5feetin way that i5independent and physically width). separated from motor vehicle traffic byan 1-way Cycle Track (both sides) open space orbarrier. Multi-use paths are not Aone-way cycle track is bikeway provided dedicated bicycle facilities and thus also serve on both sides 0fthe street that is physically pede5t[ian5, inline skaters, wheelchair users, separated from the vehicular travel lanes ]0gge[5. and 0the[ n0n'nl0t0[ized users. that provides exclusive use bvbicycles inthe Corridor Study Recommended direction 0fmotor vehicle travel. Separated Afuture study i5recommended for the bikeways may beplaced ateither street level, corridor t0identify and evaluate specific at sidewalk level, 0[ �t �n intermediate |�v�|' ' bicycle infrastructure treatments t0capitalize the preferred placement inthe Corpus Christi 0nthe unique corridor. C | TY OF CORPU3 CHR | 3T | 22 MARCH | O . 2 O 2 | BI &�us+4jkI L I T Y PLAN Bay M r cera/e Ra a` Oso Bay nit Or 0 0 a yO/yRa x,; o� s�*Sr d � SdrdfO S Padre /S/dn Z��m B/�a 9d der 4��� .r '�y Dr dni ✓ e Keay CS Cdrbbed o J �a Saco h 4r IZ0- r°rkt�w . 0 0 Ar Seh derO dh�Adtr _ Bike Mobility Network °/Ro Recommended Network Barney MDavis Bike Boulevard Reservoir 1-way Cycle Track(both sides) Multi-use Sidepath (one side) Off-Road Multi-use Trail a . Q TBD: Corridor study recommended Flour Bluff Boundary ;ap B vd Corpus Christi City Limits T 1 Miles Source City of Corpus Christi `S e Data collected May 2020 Pi%O r FIOAR BLUFF ADP BACKGROUND DOCUMENT MARCH 1B , 20 ; 23 RTA BUS BOARDINGS RTA BUS BOARDINGS CITY OF CORPUS CHRISTI 24 MARCH 18 , 2021 Q ; R T %orpHsIPGrisT 0 A R 0 1 N G S Bay ocean- r c,9rd/e Rd a` •. � . Oso Bay •° °• Cv/ Or ° .• O 0 ° d o e C , e foo/qr m Sdrdf d SUate is/�'� a o �Y Dr Rd Rd O , ✓,���n Od y Car/bbeah Q� � CO Or � ago �c t � v IZO °S ror/fl`��L o o Q ° . s � RTABus Boardings hdero e (June 2019) ON,A ° ° ° Total Ride afr°/Rd 00 � 0-3 Barney M Davis d O 4- 10 Reservoir 11 - 17 • 18-33 034-247 CEII Q Flour Bluff Boundary ',Cap Blud Corpus Christi City Limits T 1 Miles S Source City of Corpus Christi Pines` Data collected February 2020 Q.r F 1 0 d/R BLUFF ADP BADKGR0UND DDDUMENT �5 MARCH 1B , 2D7� •,, a RTA BUS BOARDINGS ------------------------------------------------------------------------------------------------------------------------------------------------------ TOTAL ROUTE STOP 10 STOP NAME ON OFF HIM ------------------------------------------------------------------------------------------------------------------------------------------------------- 5, 50, 51, : 1828 Bldg @ Ocean & Midway : 2237 0 0 0 53 : NS ..................* .............. .................................................... .................... .................... .................... 4 664 2017 Waldron Las Palmas Apts. 3 0 3 2042 Waldron (Waldron Rd 4 628 5 2 7 Baptist Church) 2606 Waldron (FB Technology 4 632 1 3 4 Ctr) 4 655 3605 Waldron 0 1 1 3828 Laguna Shores Trailer 4 648 1 1 2 Prk. 3, 4, 29, 1157 9301 SPID 0 2 2 65 3 1371 Ave D C> 4th Street 0 0 0 3, 50, 51, 607 Ave D C> 4th Street 0 19 19 53 3 1368 : Ave D C> 5th 0 0 0 3 610 : Ave D C> 5th 0 1 1 3 608 : Ave D C> Bldg 250 0 0 0 3 1370 : Ave D C> Bldg 98 0 0 0 3, 50, 51, 1372 : Ave D C> Crecy 0 9 9 53 3 611 : Ave D C> Lexington 0 0 0 3 1367 : Ave D C> Lexington 0 0 0 3 1369 : Ave D C> Midway 0 0 0 3 1253 Ave E C> Hospital entrance 0 0 0 3 596 Ave E C> Hospital Exit 0 0 0 4 129 Caribbean @ Waldron 6 8 14 4 637 Carribean @ Coral Reef 0 1 1 4 638 Carribean @ Meadowridge 0 1 1 3, 4, 29, 2114 Compton @ Waldron 142 102 244 65 ...................................................................................................................................................... CITY OF CORPUS CHRISTI 2G MARCH 1 8 , 2 0 2 1 RTA BUS BOA RDINGS ROUTE STOP i STOP i OFF TOTAL ------------------------------------------------------------------------------------------------------------------------------------------------------- i 3, 5, 50, 51, 53, 2147 Crecy @ Bldg 8 CCAD East 34 22 56 83 :..................:..............:....................................................:....................:....................:....................: 3 1365 : Crecy @ Building 10 0 0 0 :..................:..............:....................................................:....................:....................:....................: 3 605 : Crecy @ Defense Logistics 0 0 0 (MB) :..................:...................................................................:....................:....................:....................: 3 606 : Crecy @ DLA Building 1846 2 0 2 :..................:..............:....................................................:....................:....................:....................: 4 641 : Jamaica @ Antares 13 5 18 :..................:..............:....................................................:....................:....................:....................: 4 639 : Jamaica @ Caribbean 4 1 5 :..................:..............:....................................................:....................:....................:....................: 4 640 : Jamaica @ Cartagena 6 3 9 :..................:..............:....................................................:....................:....................:....................: 4 642 : Jamaica @ Mediterranean 1 2 3 :..................:..............:....................................................:....................:....................:....................: 4 2115 : Knickerbocker @ Flour Bluff 14 8 22 HEB :..................:..............:....................................................:....................:....................:....................: 4 646 : Laguna Shore @ Las Palmas 1 1 2 :..................:..............:....................................................:....................:....................:....................: 4 645 : Laguna Shores @ Courtland 0 0 0 :..................:..............:....................................................:....................:....................:....................: 4 647 : Laguna Shores @ Seaside 0 2 2 :..................:..............:....................................................:....................:....................:....................: 3, 50, 51, 590 : Lexington @ Armed Forces 0 1 1 53 : Reserve Cn :..................:..............:....................................................:....................:....................:....................: 3 612 : Lexington @ Ave E 0 0 0 :..................:..............:....................................................:....................:....................:....................: 3, 50, 51, 597 Lexington @ Ave E 1 1 2 53 : Commissary :..................:..............:....................................................:....................:....................:....................: 3, 50, 51, 592 : Lexington @ Catholic Chapel 1 0 1 53 :..................:..............:....................................................:....................:....................:....................: 3, 50, 51, 598 : Lexington @ Ocean Drive 0 0 0 53 :..................:..............:....................................................:....................:....................:....................: 3 591 : Lexington @ Protestant Church : 0 0 0 :..................:..............:....................................................:....................:....................:....................: 3, 50, 51, 613 : Lexington @ Protestant Church : 0 0 0 53 :..................:..............:....................................................:....................:....................:....................: 3, 50, 51, 589 : Lexington @ Southgate 0 0 0 53 :..................:..............:....................................................:....................:....................:....................: 4 644 : Mediterranean @ Laguna 2 0 2 Shores ....................................................................................................................................................... FLOUR BLUFF ADP BACKGROUND DOCUMENT MARCH 18 , 2021 27 RTA BUS BOARDINGS ------------------------------------------------------------------------------------------------------------------------------------------------------ TOTAL ROUTE STOP 10 STOP NAME ON OFF ------------------------------------------------------------------------------------------------------------------------------------------------------- 4 643 Mediterranean @ Tahiti 0 1 1 .................. 3, 5 1366 NAS Bldg 8 West 7 3 10 .................. 3 584 NAS Drive @ Jester 0 1 1 .................. 3 619 NAS Drive @ Scotland 0 0 0 .................. 3 585 NAS Drive@ Skipper 0 0 0 3 618 NAS Drive @ Skipper 0 1 1 3 581 NAS Drive@ Webb 0 0 0 .................. 3 594 NASHospital 0 1 1 .................. NAS Northgate A Ocean & 3, 5 1377 0 2 2 Crecy NS .................. NAS Northgate @ Ocean & 2nd 3, 5 1362 2 0 2 Street FS .................. 3 615 NAS @Southgate NS 0 0 0 3, 5 1364 : Ocean @ Crecy NS 0 0 0 .................. 3, 5 1375 Ocean @ Hanger 42 0 0 0 .................. 3 602 Ocean @ Hanger 43 0 0 0 .................. 3, 50, 51, 601 Ocean @ Hanger 44 (4th) 0 0 0 53 .................. 3, 50, 51, 600 Ocean @ Hanger 45 (midway) 0 1 1 53 .................. 3, 50, 51, 599 Ocean @ Hanger 47 (5th) 0 0 0 53 .................. 3, 4, 29, 1162 SPID @ Barton 6 5 11 65 .................. 3, 4, 29, 1172 SPID @ Bullfinch FS 7 5 12 65 .................. 4, 29 1166 SPID @ Fawn NS 36 19 55 .................. 3, 4, 29, 1160 SPID @ Flour Bluff Drive (FS) 23 20 43 65 .................. 3, 4, 29, 1170 SPID @ McIver NS 8 6 14 65 ..................................................................................................................................................... CITY OF CORPUS CHRISTI 28 MARCH 1 8 , 2 0 2 1 RTA BUS BOA RDINGS ROUT STOP i STOP i OFF TOTAL ------------------------------------------------------------------------------------------------------------------------------------------------------- i 3, 4, 29, 1163 : SPID C> Oberste 2 3 5 65 ..................:..............:....................................................:....................:....................:....................: 3, 4, 29, 1158 : SPID C> Padre Motel 1 9 10 65 ..................:..............:....................................................:....................:....................:....................: 3, 4, 29, 1164 : SPID C> Stone 12 4 16 65 ..................:..............:....................................................:....................:....................:....................: 3, 4, 29, 1168 : SPID C> Stone FS 4 5 9 65 ..................:..............:....................................................:....................:....................:....................: 3, 4, 29, 1165 : SPID C> Sunburst NS 29 39 68 65 ..................:..............:....................................................:....................:....................:....................: 3, 4, 29, 1169 : SPID C> Talmadge NS 11 5 16 65 ..................:..............:....................................................:....................:....................:....................: 3, 4, 29, 1159 : SPID C> Walmart 18 51 69 65 ..................:..............:....................................................:....................:....................:....................: 3, 4, 29, 2050 : SPID @ Weaver NS 38 40 78 65 ..................:..............:....................................................:....................:....................:....................: 4 634 : Waldron @ Airdome 1 4 5 ..................:..............:....................................................:....................:....................:....................: 4 635 : Waldron @ Bel Air 0 0 0 ..................:..............:....................................................:....................:....................:....................: 4 666 : Waldron @ Blossom 2 0 2 ..................:..............:....................................................:....................:....................:....................: 4 131 : Waldron @ Caribbean 2 0 2 ..................:..............:....................................................:....................:....................:....................: 4 663 : Waldron @ Castle Park 2 10 12 ..................:..............:....................................................:....................:....................:....................: 4 629 : Waldron @ Castle Park 3 0 3 ..................:..............:....................................................:....................:....................:....................: 4 622 : Waldron @ Compton 11 0 11 ..................:..............:....................................................:....................:....................:....................: 4 627 : Waldron @ Don Patricio 1 3 4 ..................:..............:....................................................:....................:....................:....................: 4 665 : Waldron @ Don Patricio 3 4 7 ..................:..............:....................................................:....................:....................:....................: 4 631 : Waldron @ FBHS Stadium 4 4 8 ..................:..............:....................................................:....................:....................:....................: 4 661 : Waldron @ FB Special Ed Bldg 2 2 4 ..................:..............:.........................................................................:....................:....................: 4 626 : Waldron @ Fire Station #13 3 5 8 ..................:..............:....................................................:....................:....................:....................: 4 633 : Waldron @ Glen Oak 13 8 21 ..................:..............:....................................................:....................:....................:....................: 4 659 : Waldron @ Glenoak (FS) 4 1 5 ..................:..............:....................................................:....................:....................:....................: 4 658 : Waldron @ Glenoak (NS)- 12 3 15 Airdome .....................................................................................................................................................: FL01_1 U F F ADP BACKGROUND DOCUMENT MARCH 18 , 2021 29 RTA BUS BOARDINGS ------------------------------------------------------------------------------------------------------------------------------------------------------ TOTAL ROUTE STOP 10 STOP NAME ON OFF ------------------------------------------------------------------------------------------------------------------------------------------------------- 4 667 : Waldron @ Graham 0 7 7 .................. 4 623 : Waldron @ Graham (NS) 2 1 3 .................. 4 660 : Waldron @ HS Gym 1 4 5 .................. 4 657 : Waldron @ Kaipo 0 0 0 .................. 4 2205 Waldron @ Knickerbocker NIS 2 25 27 .................. 3 580 : Waldron @ Lakeside 0 0 0 .................. 3 620 : Waldron @ Lakeside 0 2 2 .................. 4 656 : Waldron @ N Bayberry 2 2 4 .................. 4 662 : Waldron @ Purdue 0 5 5 .................. 4 630 : Waldron @ Purdue 7 2 9 .................. 4 636 : Waldron @ Sandy Oaks 0 0 0 .................. 3 621 : Waldron @ SPID 0 0 0 .................. 3 579 : Waldron @ SPID 3 1 4 .................. Waldron @ St Peters by the 4 625 1 0 1 : Sea .................. 4 654 : Waldron @ Yorktown 1 0 1 .................. 4 650 : Yorktown @ Alisa Ann 2 0 2 .................. 4 130 Yorktown @ Laguna Shores 3 2 5 .................. 4 652 : Yorktown @ Lynda lee 1 3 4 .................. 4 653 Yorktown @ Matteson 0 0 0 .................. 4 651 : Yorktown @ Sweet Bay NIS 3 0 3 .................. 4 649 : Yorktown @ Wagner Lee 4 6 10 ..................: ................................................................................................................................... CITY OF CORPUS CHRISTI 30 MARCH 1 8 , 2 0 2 1 RTA BUS BOARDINGS THIS PAGE INTENTIONALLY LEFT BLANK FLOUR BLUFF ADP BACKGROUND DOCUMENT MARCH 18 , 2021 31 TRAFFIC CRASH DATA TRAFFIC CRASH DATA CRASH LEVEL DESCRIPTIONS Suspected Serious Injury Any injury, other than a fatal injury, which prevents the injured person from walking, driving or normally continuing the activities he was capable of performing before the injury occurred. Non-Incapacitating Injury Any injury, other than a fatal or an incapacitating injury, which is evident to observers at the scene of the crash in which the injury occurred. Possible Injury Any injury reported or claimed which is not a fatal, incapacitating or non-incapacitating injury. Killed (Fatality) Any injury sustained in a motor vehicle traffic crash that results in death within thirty days of the motor vehicle traffic crash. CRASH SEVERITY 1 2015 2016I I18 2019 2020* 99 - UNKNOWN 0 0 0 0 0 0 .......................................:.................:.................:.................:.................:.................:.................: A - SUSPECTED SERIOUS INJURY 6 : 5 : 9 : 3 : 7 : 0 : .......................................:.................:.................:.................:.................:.................:.................: : B - NON- INCAPACITATING 33 : 26 : 25 : 27 : 19 : 5 : INJURY ....................................... ................. .................:.................:.................:.................:.................: C - POSSIBLE INJURY 26 : 70 : 39 : 35 : 58 : 13 ....................................... .................:.................:.................:.................:.................:.................: K - KILLED 0 : 3 : 2 : 5 : 2 : 1 ....................................... .................:.................:.................:.................:.................:.................: : N - NOT INJURED 0 : 0 : 0 : 0 : 0 : 0 : : ........:..... ....:.................:.................:.............. : .. . Total 65 : 104 : 75 : 70 : 86 : 19 :.......................................:............................................................................................................ *Data as of February 2020 Each dot on the map represents a crash or incident. CITY OF CORPUS CHRISTI 32 MARCH 18 , 2021 u r� �%or p,i; Ch,Isir Bay Q �Ocea. 409 '9r J Oso Bay �d N s Or N1 °iyRa o� 40 Ra a �m c 0 Sdrdfo °yy + S A =mxm ei�a ga Ra .h+ae s/dho • .,OSo Or zp a Pkwy Or ,•p � Grdh A y + � 4 i YY 4? Flour Bluff TxDOT Crash Data or � ° '•� a Year 2015-2020 '- --�-,. • ,�. ■ '.. a ��'� Crash Type e t „ + Fatality (13) h derOdh i • ` d��� • Suspected Serious Injury (17) Less Severe (1,234) 04- 01 '`V Flour Bluff Boundary Barney M Davis ' Corpus Christi City Limits '• Reservoir �~ Crash Frequency Low Crash Frequency Q High Crash Frequency 'cap Blvd Note:The increase in frequency on the heat map represents a greater clustering of crashes in a certain area. 1 Se Miles puna es O r FL0U/ BLUFF ADP BACKGROUND DOCUMENT J MARCH 18 , 202,1=„ 33 f 's F r 'r•� PUBLIC INPUT : TRANSPORTATION ISSUES PUBLIC INPUT : TRANSPORTATION ISSUES The map shows the location of transportation related issues as identified by the public input received through the online survey. Each marker on the map represents a location where a transportation issue has been identified. For details regarding the comments related to each data point, see Online Survey 1 Summary. CATEGORY COUNT Roadway Repair 40 : 54% :......................................................................................................:......................:......................: General Transportation Issue 18 : 24% :......................................................................................................:......................:......................: Traffic 8 : 110/0 ......................................................................................................:......................:...................... Transit 3 : 4% .................................................................................................................................................... Speeding 2 : 3% .......................................................................................................:......................:......................: Boats 1 : 10/0 ......................................................................................................:......................:......................: Connectivity 1 : 10/0 ......................................................................................................:......................:......................: Parking 1 : 1% . ... " WIN s Total : 74 : 100% : ....................................................................................................................................................: CITY OF CORPUS CHRISTI 34 MARCH 18 , 2021 PUBLIC INPUT : TRANSPORTATION ISSUES Corpus Christi Bay �r Oso Bay . ?l-04"7 Q'Q �v c ♦ s Padre IS/ a� 0 Grah '0Y, a`''Ra ♦ ✓ tea° dy cswy AA ♦ �� Car�bb � a erktoW �J n �i♦ Public Input: Transportation �,• <04 ♦ Issues Ole Response Topic � 'gtl. a ♦ O Boats 'Y(Y + Connectivity Barney M Davis A General Transportation Issue Reservoir Parking Roadway Repair Speeding a w Traffic Transit Flour Bluff Boundary V Corpus Christi City Limits N 1 Miles Source: Metroquest Data collected May 2020 r FLDA�R BLUFF ADP BACKGROUND DDCUM/NT "" MARCH 18 , ID 21 " , 35 PUBLIC INPUT : WALKING AND BIKING ISSUES PUBLIC INPUT : WALKING AND BIKING ISSUES The map shows the location of walking and biking related issues as identified by the public input received through the online survey. Each marker on the map represents a location where a walking or biking issue has been identified. For details regarding the comments related to each data point, see Online Survey 1 Summary. CATEGORY INPUTS I % Walking and Biking 118 : 95% : :......................................................................................................:......................:......................: Biking 4 : 3% : :......................................................................................................:......................:......................: Walking 2 : 2% : ................................................... ................................. ........ Total : 124 : 1000/0 ...................................................................................................................................................... CITY OF CORPUS CHRISTI 3G MARCH 18 , 2021 PUBLIC INPUT : WALKING AND BIKING ISSUES Corpus Christi Bay �GOean�r Oso Bay I e-O �v c • S Padre 1s/an • �O r Gra � h �o1j a`''Ra• • ✓, JJ�y R d �� • �nn cY, m yCsw'V I Or eat j � 0114110 j • • wO 61ja � • co . oe � • a 4b • • ° Sena • • 0110 A d 11101 dna • - Public Input: BarneyMDavis Walking and Biking Reservoir Issues Walking OBiking Walking and Biking Flour Bluff Boundary Corpus Christi City Limits T Miles Source: Metroquest Data collected May 2020 r FLD �R BLUFF ADP BACKGROUND D0CUM/NT .,4 "" MARCH 18 , ID 21 " , 37 STREET BONG PROJECTS STREET 8 PROJECTS # YR STREET FROM TO FT WORK TYPE STATUS ---------- --------------------------- --------------------------- --------------------------- ---------- --------------------------------- ------------------------ : 1 : 2002 JAMAICA DR MEDITERRANEAN CARIBBEAN 2,634 : RECONSTRUCTION COMPLETE ........... ............................ ............................ .......... 2 : 2002 CATCAY DR CARIBBEAN DEAD END 1,099 : RECONSTRUCTION COMPLETE ........... ............................ ............................ .......... 3 : 2002 AZORES DR CARIBBEAN DEAD END S 1,066 : RECONSTRUCTION COMPLETE ........... ............................ ............................ ............................: :........... .................................. ......................... LAGUNA SHORES 4 : 2002 RCARIBBEAN MEDITERRANEAN 2,638 : RECONSTRUCTION COMPLETE D .................. ............................ ............................ ........... .................................. ......................... LAGUNA SHORES PURDUE- 5 : 2004 : RD : GRAHAM HUSTLIN' 5,286 : RECONSTRUCTION COMPLETE HORNET ........... ............................ ............................ MEDITERRANEAN : 6 : 2004R : WALDRON : OTRANTO 860 : RECONSTRUCTION COMPLETE D .................. ............................ ............................ ........... .................................. ......................... : 7 : 2004 : WALDRON RD : PURDUE : GLENOAK 2,642 : RECONSTRUCTION COMPLETE ............................ ........... .................................. ......................... 8 : 2008 GLENOAK RD FLOUR BLUFF DR. WALDRON RD 5,289 : OVERLAY COMPLETE LA 9 : 2008 YORKTOWN BLVD WALDRON RD : RDGUNA SHORE 4,640 : OVERLAY COMPLETE ........... ............................ ............................ ............................ ........... .................................. ......................... DRE ISLAND PA 10 :: 2008 FLOUR BLUFF DR DON PATRICIO DR 4,989 :: RECONSTRUCTION COMPLETE : ............................ 11 : 2014 : WALDRON RD GLEN OAK CARIBBEAN 2,632 : RECONSTRUCTION COMPLETE LAGUNA SHORES PADRE ISLAND 12 : 2018 : : GRAHAM 3,199 RECONSTRUCTION DESIGN : DR : DR ........... ............................ ............................ ............................ ........... .................................. ......................... LAGUNA SHORES : PURDUE- 13 2018 : RD HUSTLIN' CARIBBEAN 5,039 : RECONSTRUCTION DESIGN : HORNET .................. ............................ LAGUNA SHORES 14 : 2018 :: RD MEDITERRANEAN WYNDALE 5,425 : RECONSTRUCTION DESIGN ...........:............................ ............................ ............................ ........... .................................. ......................... CITY OF CORPUS CHRISTI MARCH38 18 , 2 0 2 1 STREET BOAR PROJECTS Corpus esti Bay Q ocean- �Ie�9rdie Rd Qi Oso Bay lams =� Or � IP_ y 0 1 °iyRd �01Q, wo .� a ¢, o- °/driq v �� �0 SdrdfO yO�/y,4O, f rS'padre/s =��m �r a Bird Pk OS 10 andOr i _� pr Grah %°es qte a.� �� neap cs Caribb mai° o�¢� eah Or Q� ra of 11 13 1'o rho4 IZ c/ h ei�d 3 ° ° 6 2 Se - o hdero 4 aid pafr°iR g d BarneyMDavis Bond Projects Reservoir 14 Year Bond Year 2002 Bond Year 2004 —Bond Year 2008 Q —Bond Year 2014 ap Blvd —Bond Year 2018 Flour Bluff Boundary Corpus Christi City Limits 1 Miles Aid Seg e Source: City of Corpus Christi s4r Data collected April 6,2020 F 1 0 1 R BLUFF ADP BACKGROUND DDCUM/NT MARCH 1B , 1021 �•,� 39 � M RESIDENTIAL STREET REBUILD PRDGRAM ( R S R P ) RESIDENTIAL STREET REBUILD PROGRAM ( RSRP ) STREET FROM TO BUILD TYPE STATUS ---------------------------- ---------------------------- ---------------------------- ---------------------------- ---------------------------- FLOUR BLUFF Council Micah Street ISAIAH CT. Rehabilitation DR. Approved .............................: ............................. ............................. ............................. ............................. Saxony Drive ORLEANS DR BRISTON ST. Reconstruction Council Approved ........................................................................................................................ .............................. CITY OF CORPUS CHRISTI 40 MARCH 1 8 , 2 0 2 1 � � �, ...._ ET REBUIL0Cpr'�jay � It� RESIDENTI L M ( RSRP ) � M S , . �COan,pr �c�9rO�e Oso Bay N or • _ 1 0 0 o , c Q- oo/ar�aga � o did fo %y S'p Z ,gym ls% 9d Ra dar a t as kO" Micah Street rdhd R QP aa - ay cswy �a Saxony Drive 01-/66 Odh Or �JO� � �o J� rOr Ooh o o a of SOhaeO �c r O JJ� o',pd fro/R a Barney M Davis Reservoir Residential Street Rebuild Programs (RSRP) —Street Project Flour Bluff Boundary ''-Cap Blvd Corpus Christi City Limits 1 Miles S e Source: City of Corpus Christi Data collected August 2020 es Or J FLDU,R BLUFF ADP BACKGROUND DOCUMENT MARCH 1B , 202V%-,, 41 THIS PAGE INTENTIONALLY LEFT BLANK CITY OF CORPUS CHRISTI 42 MARCH 18 , 2021 UTILITIES WATER INFRASTRUCTURE WATER I N FRASTRU C RE DECADE MILES OF LINE : 1950's 11.2 ...................................... ...................................... : 1960's 3.3 : ...................................... ...................................... : 1970's 35.1 : ...................................... ...................................... : 1980's 20.5 : ...................................... ...................................... : 1990's 20.8 : ...................................... ...................................... 2000's 17.1 : ...................................... ...................................... 2010's 8.5 ...................................... ...................................... no data 8.4 : ...................................... ...................................... ...................................... Total 124.9 : ...................................... ....................................... CITY OF CORPUS CHRISTI 44 MARCH 1 8 , 2 0 2 1 Q � 857 Ocr �c�rd7e Rry Q� Oso Bay nis Or _ 0 0 a 40 s 0 Sd� �S-Padre.ls =m�Yzi P/-�Y Dr a�\� Rd Q? ��R� ✓Fkonne Q° �J a y bo�n o \ �n e 00 Sondc'ro � an a,oa fr°,R Water a Barney M Davis Infrastructure Reservoir Age of Line no data —1950-1979 Jy —1980-1999 a 2000 or later Flour Bluff Boundary )cap Blvd Corpus Christi City Limits 1 Miles Sea Source City of Corpus Christi Pines,Or Data collected August 5,2020 FL04iR BLUFF ADP BACKGROUND DOCUMENT f�.' MARCH 1B , 202,4--.,,, 45 WATER INFRASTRUCTURE PIPE SIZE AND MATERIALS BY DECADE DEFINITIONS OF PIPE MATERIALS ACP - asbestos cement pipe CIP - cast iron pipe CSCP - corrugated steel culvert pipe GLV - galvanized steel PVC - polyvinyl chloride STL- steel C9OO - the AWWA standard for cast-iron-pipe-equivalent VCP - vitrified clay pipe DIP - ductile iron pipe HDPE - high-density polyethylene CITY OF CORPUS CHRISTI 4G MARCH 18 , 2021 WATER INFRASTRUCTURE 1950'S 1960'S SIZE (INCHES) MATERIAL MILES OF LINE I I SIZE (INCHES) I MATERIAL I MILES OF LINE I 1 : Copper 0.011 : : 1.5 : Copper 0.013 :: ....................... ....................... ....................... ....................... ....................... ....................... 2 : Copper 0.214 : 2 : Copper 0.022 : ....................... ....................... ....................... 2 GLV 0.284 : 2 GLV 0.014 : ......................... ....................... .........................: ......................... ....................... .......................... 2 PVC 0.041 : 4 ACP 0.036 : ....................... ....................... ....................... 4 ACP 0.268 : 4 CIP 0.064 : 4 CIP 3.679 : 6 ACP 2.855 : 6 ACP 0.008 : 6 C900 0.007 : 6 C900 0.293 : 6 CIP 0.109 : 6 CIP 4.310 : 8 ACP 0.183 : 8 ACP 0.003 : 8 C900 0.011 : 8 CIP 0.701 : 8 CIP 0.015 : ......................................................................... 8 DIP 0.003 : : 10 ACP 0.332 : 10 CIP 0.235 : : 12 C900 0.695 : : 12 CIP 0.047 : : 12 DIP 0.017 : : 16 CIP 0.016 : ......................................................................... FLOUR BLUFF ADP BACKGROUND DOCUMENT MARCH 18 , 2 0 2 1 47 WATER INFRASTRUCTURE !1970'S !1980's SIZE (INCHES) MATERIAL MILES OF LINE SIZE (INCHES) MATERIAL MILES OF LINE 0.75 : Copper 0.035 : 1 : Copper 0.016 : ....................... ....................... ....................... ....................... ....................... ....................... 2 : Copper 0.599 : 2 : Copper 0.501 :: ....................... ....................... ....................... ....................... ....................... 2 GLV 0.039 : 2 PVC 0.029 : ........... ....................... .......................... ......................... ....................... ..........................: 2 HDPE 0.012 4 ACP 0.003 :: ....................... ....................... ....................... ....................... ....................... 2 PVC 0.225 : 4 DIP 0.208 :: ....................... ....................... ....................... ....................... ....................... 4 ACP 0.492 : 6 ACP 9.175 ....................... ....................... ....................... ....................... ....................... 6 ACP 15.848 : 6 C900 3.812 ............ ....................... ....................... ....................... ....................... 6 C900 0.320 : 6 DIP 0.232 ............ ....................... ....................... ....................... ....................... 6 DIP 0.006 : 8 ACP 5.923 ............ ....................... ....................... ....................... ....................... 8 ACP 7.456 : 8 C900 0.099 : ............ ....................... ....................... ....................... ....................... 8 C900 0.004 : 8 DIP 0.143 : ............ ....................... ....................... ....................... ....................... 8 DIP 0.133 : : 12 C900 0.273 ............ ....................... ....................... ....................... ....................... : 10 ACP 0.847 : : 12 DIP 0.087 : ............ ....................... ........................................................................ : 10 C900 0.009 : ............ ....................... : 12 ACP 5.608 : ............ ....................... : 12 C900 0.054 : ............ ....................... 20 ACP 0.869 : ............ ....................... 24 ACP 1.797 : ............ ....................... 24 STIL 0.127 : ............ ....................... 30 DIP 0.591 : ................................................ ....................... CITY OF CORPUS CHRISTI 48 MARCH 1 8 , 2 0 2 1 WATER INFRASTRUCTURE 1990'S 2000'S SIZE (INCHES) MATERIAL MILES OF LINE SIZE (INCHES) MATERIAL MILES OF LINE 0.75 : Copper 0.064 : 0.75 : Copper 0.078 :: ....................... ....................... ....................... ....................... ....................... ....................... 0.75 PVC 0.035 : 1 : Copper 0.006 : ....................... ....................... ....................... ....................... ....................... : Copper 0.048 : 2 : Copper 0.035 :: ........... ....................... .......................... ......................... ....................... .......................... PVC 0.005 : 2 HDPE 0.081 :: ....................... ....................... ....................... ....................... ....................... 2 : Copper 0.153 2 PVC 0.221 : ............ ....................... ........... ....................... 2 GLV 0.016 : 3 DIP 0.005 : ............ ....................... ........... ....................... 2 PVC 0.225 : 6 ACP 0.004 : ............ ....................... ........... ....................... 4 ACP 0.413 6 C900 4.248 : ............ ....................... ........... ....................... 4 DIP 0.140 : 6 DIP 0.011 : ............ ....................... ........... ....................... 6 ACP 1.857 6 PVC 1.648 : ............ ....................... ........... ....................... 6 C900 6.821 : 8 C900 5.260 : ............ ....................... ........... ....................... 6 CIP 0.025 : 8 DIP 0.015 : ............ ....................... ........... ....................... 6 DIP 0.452 : 8 PVC 0.151 : ............ ....................... ........... ....................... 6 PVC 0.488 : : 12 C900 1.369 : ............ ....................... ........... ....................... 8 ACP 0.463 : : 12 DIP 0.046 : ............ ....................... ........... ....................... 8 C900 3.211 : : 24 DIP 0.017 : ............ ....................... ........... ....................... 8 DIP 0.068 : 42 CsCP 2.334 : ............ ....................... ................................................ ........................ 8 PVC 0.029 : ............ ....................... : 10 ACP 0.001 : ............ ....................... : 10 CIP 0.074 : ............ ....................... : 12 ACP 0.201 : ............ ....................... : 12 C900 5.702 : ............ ....................... : 12 DIP 0.149 : ............ ....................... : 12 HDPE 0.086 : ............ ....................... : 12 PVC 0.121 : ................................................ ........................ 0 U R BLUFF ADP BACKGROUND DOCUMENT MARCH 18 , 2 0 2 1 49 WATER INFRASTRUCTURE 2 01 O'S SIZE (INCHES) MATERIAL MILES OF LINE : 1.25 : Copper 0.011 ....................... ....................... ....................... : 1.5 : Copper 0.016 : ....................... ....................... 2 : Copper 0.180 : ........... ....................... .......................... 2 PVC 0.049 : ....................... ....................... 6 ACP 0.002 : ....................... ....................... 6 C900 4.844 : ....................... ....................... 6 DIP 0.053 : ....................... ....................... 8 C900 0.757 : ....................... ....................... 8 DIP 0.002 : ....................... ....................... : 12 C900 1.143 : ....................... ....................... : 12 PVC 0.134 : ....................... ....................... : 16 C900 0.943 : ........................ ....................... ........................ CITY OF CORPUS CHRISTI MARCH50 1 8 , 2 0 2 1 WATER INFRASTRUCTURE THIS PAGE INTENTIONALLY LEFT BLANK FLOUR BLUFF ADP BACKGROUND DOCUMENT MARCH 18 , 2021 51 WASTEWATER INF RA STRUCTURE WASTEWATER INFRASTRUCTURE DECADE MILES OF LINE : 1940's 0.3 : ...................................... ...................................... : 1950's 0.2 : ...................................... ...................................... : 1960's 7.3 : ...................................... ...................................... : 1970's 36.0 : ...................................... ...................................... : 1980's 27.4 : ...................................... ...................................... : 1990's 4.8 : ...................................... ...................................... 2000's 11.9 ...................................... ...................................... 2010's 4.1 : ...................................... ...................................... no data 0.3 ...................................... ...................................... ...................................... Total 92.3 : ...................................... ....................................... CITY OF CORPUS CHRISTI 52 MARCH 1 8 , 2 0 2 1 RUO Bay Oo�r �e�9rd7e NA SU' Rd O� j77d = 0 0 a � tion yRa o� s�S� oO�gr, idg Sp Sdr acre-, = �� B�g I a ydnd r s . . A a o - a P ° Grdhd �, or as yO��Y Rd kehh �° _. eaYcswy dh 40- 1-01-ho 4h r1'orhowh e/ �Adfr°�Ra Wastewater Barney M Davis Infrastructure Reservoir Age of Line no data —1940-1979 Jy C —1980-1999 2000 or later Q Flour Bluff Boundary 'cap Bivd Corpus Christi City Limits 1 Sea Miles Source City of Corpus Christi Pines6r Data collected August 5,2020 FLDUTA BLUFF ADP BACKGROUND DOCUMENT �" MARCH 1B , 202 •�o 53 WASTEWATER INFRASTRUCTURE PIPE SIZE AND MATERIALS BY DECADE DEFINITIONS OF PIPE MATERIALS CIP - cast iron pipe CIP FM - cast iron pipe factory mutual ACP - asbestos cement pipe ACP FM - asbestos cement pipe factory mutual CIPP - cured-in-place pipe PVC - polyvinyl chloride VCP - vitrified clay pipe DIP - ductile iron pipe HDPE - high-density polyethylene CITY OF CORPUS CHRISTI 54 MARCH 18 , 2021 WASTEWATER INFRASTRUCTURE PIPE PIPE 1940'S 1970'S I SIZE (INCHES) I MILES OF LIN I SIZE (INCHES) I MILES OF LIN MATERIAL MATERIAL 8 : CIPP 0.043 : : 6 : CIP FM 1.682 .......................:........................:.......................: :....................... :........................:.......................: 8 : VCP 0.245 : : 8 : ACP 0.119 .......................:........................:.......................: :....................... :........................ .......................: 8 : ACP FM 1.537 ....................... :........................:.......................: 8 : CIP FM 0.042 ....................... :........................:.......................: 1950'S 8 CIPP 0.027 :....................... .................................................. . . : 8 : PVC 2.422 : :....................... :. ......................:.......................: 8I SIZE (INCHES) MILES OF LIN : PVC FM 0.114 MATERIAL 8 VCP 0.211 : :...................... VCP............... 0:006 . . :.. ..:. .. ........................................................................: 8 : VCP PRIVATE 0.145 :....................... :........................:.................145 : : 10 : CIP FM 1.313 :....................... :........................:.......................: : 10 : CIPP 0.703 : 10 : DIP FM 0.007 : ........................ :........................:........................ PIPE : 10 : HDPE 0.465 ....................... :........................:.......................: I SIZE (INCHES) MILES OF LIN : 10 : PVC 0.009 ---A- : PVC FM : 10.................. VCP............... 0:032 6 PRIVATE 0.072 : 12 : ACP 0.100 : .......................:........................:.......................: ....................... :........................:........................ 8 : CIP FM 0.004 : : 12 : PVC 0.023 : .......................:........................:.......................: ....................... :........................:.......................: 8 : CIPP 1.083 : : 12 : PVC FM 0.140 .......................:........................:.......................: ....................... :........................:.......................: 8 : VCP 0.244 : : 12 : VCP 0.347 .......................:........................:.......................: ....................... :........................:.......................: : 10 : CIPP 0.687 : : 15 : VCP 1.273 .......................:........................:.......................: :....................... :........................:.......................: : 10 : PVC 0.262 : : 16 : PVC FM 0.156 .......................:........................:.......................: ....................... :........................:.......................: : 10 : VCP 0.739 : : 18 : DIP FM 0.489 .......................:........................:.......................: ....................... :........................:.......................: : 12 : VCP 0.159 : : 18 : VCP 0.290 .......................:........................:.......................: :....................... :........................:.......................: : 15 : VCP 0.390 : : 24 : VCP 0.150 .......................:........................:.......................: ....................... :........................:.......................: : 18 : HDPE 0.069 : : 48 : VCP 24.221 .......................:........................:.......................: ....................... :........................:.......................: : 18 : VCP 3.579 : 0.210 .......................:........................:.......................: :....................... .................................................. FLOUR BLUFF ADP BACKGROUND DOCUMENT MARCH 18 , 2021 55 WASTEWATER INFRASTRUCTURE 1980'S 1990'S PIPE PIPE I SIZE (INCHES) I MILES OF LIN SIZE (INCHES) MILES OF LIN I MATERIAL MATERIAL ---------------------- ----------------------- --------------------- . : . I---------------------- ----------------------- --------------------- 6 ACP FM 0.116 :: 6 PVC 0.001 : ....................... ........................ ....................... : ....................... 6 PVC FM 0.289 : 8 PVC 1.567 : ....................... ........................ : .......................: ....................... 6 PVC PRIVATE 0.181 : : 10 DIP 0.026 : ....................... : : :************************:***********************: :....................... 6 VCP 0.105 : : 10 PVC 0.738 : ....................... 8 CIPP 0.208 : : 12 PVC 0.246 : ....................... 8 PVC 0.011 : : 15 PVC 0.272 : ....................... 8 VCP 17.885 : : 16 PVC FM 1.803 : ....................... 8 VCP PRIVATE 0.005 : : 18 PVC 0.081 : :***********************:************************:***********************: :....................... :************************:***********************: : 10 CIP FM 0.019 : : 21 PVC 0.110 : ....................... .................................................. : 10 CIPP 0.301 : : 10 VCP 1.938 : : 12 CIPP 0.047 : : 12 HDPE 0.068 : : 12 PVC 0.028 : : 12 VCP 0.999 : : 14 DIP FM 2.761 : : 15 VCP 0.980 : : 18 CIPP 0.149 : : 18 DIP FM 1.089 : : 18 VCP 0.104 : : 24 VCP 0.083 : .......................................................................... CITY OF CORPUS CHRISTI 5G MARCH 1 8 , 2 0 2 1 WASTEWATER INF RA STRUCTURE 2 01 O'S PIPE PIPE I SIZE (INCHES) I MILES OF LIN SIZE (INCHES) MILES OF LIN MATERIAL I MATERIAL ---------------------- !----------------------- --------------------- 2 PRIVATE FIVI 0.093 :: 6 : PRIVATE FIVI 0.051 : ....................... ........................ .......................: ....................... ........................ ....................... PVC PRIVATE : 2 8 0.065 : PVC PRIVATE 0.005 : FIVI : : FIVI . ........................ :************************:***********************: : 4 PVC 0.015 : 8 PVC 2.607 : ....................... ........................ .......................: ....................... .................... PVCPVC 4 PRIVATE 0.019 :: 8 PRIVATE 0.095 : ....................... ........................ : .......................: ....................... 4 PVC PRIVATE 0.075 : : 10 PVC PRIVATE 1.008 ....................... : :....................... :************************:***********************: 6 PVC 0.041 : 12 0.142 : PVC : ....................... 6 PVC PRIVATE 0.020 : 12 PVC PRIVATE 0.025 : ....................... 8 PVC 3.916 : 18 0.187 : PVC : ....................... 8 PVC FIVI 0.214 : 24 PVC FIVI 0.011 : :***********************:************************:***********************: .. ..................... 8 PVC PRIVATE 0.462 : PVC PRIVATE 0.071 : ....................... 8 VCP 0.407 : : 10 PVC 3.527 ....................... ........................ ....................... FMFLUENTF : 12 1.149 : IVI : 12 PVC 0.702 : : 12 PVC FIVI 0.940 : : 15 PVC 0.149 : ....................... ........................ ....................... FLUENT 24 : DE0.119 : .......................................................................... FLOUR BLUFF ADP BACKGROUND DOCUMENT MARCH 18 , 2 0 2 1 57 S T 0 R M W A T E R INFRASTRUCTURE STO RMWATE R INFRASTRUCTURE PIPE SIZE MILES OF LINE : 15" or less 4.57 : ...................................... ...................................... : 16-18" 6.47 : ...................................... ...................................... : 19-36" 15.20 ...................................... ...................................... greater than 36" 11.17 ------------------------------------------ Total 37.41 ...................................... ...................................... CITY OF CORPUS CHRISTI MARCH58 1 8 , 2 0 2 1 Gxpus i::h •iss Bay Q Oce r ��grai e Rd o` Oso Bay 0 0 a � °%r•, AFEMME Sap-•�. m adr BjafO94 l eV is/dnO�O .. a r ~- oaa y Rd �' hh0, - A; wy Iko Sehdero Stormwater 0&0/Rd �.,� Infrastructure Barney M Davis ` Pipe Size Reservoir 15"or less 16"- 18" 19"-36" �J 37"or greater -v—Dari nage Channel Q 011 Flour Bluff Boundary `bap Blvd Corpus Christi City Limits Miles Sea Source City of Corpus Christi Pines,Or Data collected April 6,2020 FLDUi� BLUFF ADP BACKGROUND DOCUMENT MARCH 1B , 202 �..� 59 THIS PAGE INTENTIONALLY LEFT BLANK CITY OF CORPUS CHRISTI GO MARCH 18 , 2021 NEIGHBORHOOD CONDITIONS COMMUNITY ASSETS COMMUNITY ASSETS This map identifies community assets based on various community amenities available in the area and comments received through the online survey. Community amenities include public parks and facilities, and significant features in Flour Bluff. Public input locations were determined by reviewing the comments made throughout the survey where participant referenced areas of significance in Flour Bluff. This map reflects information gathered from the online survey. To for more details related to community assets from the survey, see Online Survey 1 Summary. CITY OF CORPUS CHRISTI G2 MARCH 18 , 2021 Q M oC�an�r c,9rd/e Rry Q� w�//ams Oso Bay Or Ra oc s� c Sardfo S Padre IS/dn = `m Animal Clinic %'9d der Gr. �a P,�s� Parker Park aha 'Ra Wranosky Park Castle Park �a Flour Bluff Elementary Janet F Harte o� Library Flour Bluff Primary r�rkfOwn Flour Bluff Intermediate �COa %a Flour Bluff �, Nata oriumo` Flour BIufF JH ��J Flour BIufF High School sewer - • Redhead Pond A`�frp/`rho Wildlife Ra Management Area Caribbean ' `� Park j y M Davis Laguna Shores Marina Barne Reservoir TPwD Fish Community Assets Hatchery Public Input Community Assets '.Cap Blud BIiff Landing Flour Bluff Boundary Marina gj'+ Corpus Christi City Limits and Lodge ` f N 1 Sea Miles Pines�r Source: City of Corpus Christi Data collected May 2020 FLDU1 BLUFF ADP BACKGR0UND DOCUMENT MARCH 18 , 202fJ►"``"., G3 AGE OF HOUSING AGE OF HOUSING YEAR STRUCTURE NUMBER OF UNITS BUILT Before 1939 93 : ...................................... ...................................... : 1940-1949 212 ...................................... ...................................... : 1950-1959 646 : ...................................... ...................................... : 1960-1969 945 : ...................................... ...................................... : 1970-1979 1,882 ...................................... ...................................... : 1980-1989 2,468 : ...................................... ...................................... : 1990-1999 913 : ...................................... ...................................... : 2000-2009 1,239 : ...................................... ...................................... 2010 or later 467 : - ---------------- Total : 8,883 : .............................................................................. CITY OF CORPUS CHRISTI G4 MARCH 18 , 2 0 2 1 Cgryn�sti HOUSING Q OCe�r Rd O� Oso Bay �s�r i� 14,- oO/d�ig9eR Sd�df S Padre �s/ Zm�m agd 0120,0, a ' \a PO D ��Grahams oaf y0//1V-Rd kehheay � cswy aribb �a CO 1-kto . o 0 Seh - a deco - Ra Barney MDavis Age of Housing Reservoir ACS Median Year Structure Built 0 No Data Jy 0 1980 or before 0 1981 to 2000 a Q 1� 2000 or after Flour Bluff Boundary :cap Blvd Corpus Christi City Limits 1 Sea Miles Pines o Source ACS US Census Data collected April 2020 FLDUlh BLUFF ADP BACKGROUND DOCUMENT , + MARCH 1B , 202/ "•�,� G5 POPULATION / MEDIAN INCOME CHANGE POPULATION / MEDIAN INCOME CHANGE POPULATION CHANGE ----------------- CENSUS TRACT 2010 2017 CHANGE PERCENT CHANGE :: Census Tract 30.02 5,129 4,830 :: -299 -6% Census Tract 31.01 6,392 5,615 -777 -14% Census Tract 30.01 4,535 6,024 :: +1489 : 25% : Census Tract 29 1,947 : 1,115 -832 -75% Census Tract 31.02 5,268 :: 5,263 5 0% : Census Tract 62 9,483 :: 9,425 58 -1% Census Tract 54.06 2,633 3,436 : +803 : 23% : MEDIAN INCOME CHANGE ---------------------------------------I--------------------- I-----------------------------I-----------------------------I---------------------------- CENSUS TRACT 2010 2017 CHANGE I PERCENT CHANGE : -------------------------------------- ---------------------------- ---------------------------- ---------------------------- ---------------------------- Census Tract 30.02 $36,948 $54,219 +$17,271 : +32% Census Tract 31.01 $55,356 :: $67,066 :: +$11,710 : +17% Census Tract 30.01 $27,561 $38,358 : +$10,797 : +28% Census Tract 29 $41,815 : $51,964 :: +$10,149 : +20% Census Tract 31.02 $53,446 : $61,953 : +$8,507 +14% Census Tract 62 $81,022 $96,358 :: +$15,336 : +16% Census Tract 54.06 $61,761 : $99,946 : +$38,185 : +38% CITY OF CORPUS CHRISTI GG MARCH 18 , 2 0 2 1 POPULATION / MEDIAN INCOME OUANOE Corpus Christi e Ocoan a r Y Mora/e Ra a` FM Oso Bay k r o0 a �s Rd 90 358 . S Padre Is/fin. ���� 9 Oil as�a 0 �. riy Dr ham R, ✓ d F A/o//y Rd /f shhsa�'C swy a� rOrkf o 0 O� s h%a Population/Income �ha�ro Change afro Category /Ra Insufficient Data / amey M DaVIS" =Population&HH Income Increasing (1) Reservoir -Population Increasing &HH Income Decreasing (2) J ®Population Decreasing& HH Income Increasing (3) =Population&HH Income Decreasing (4) Flour Bluff Boundary �p Blud Corpus Christi City Limits 6 1 Miles Source ACS US Census Data collected April 2020 ss® r F #DUR BLUFF ADP BACKGROUND DOCUMENT MARCH 1B , 2-fl-21 G7 I � 4` PROPERTY VALUES PROPERTY VALUES DEFINITIONS OF VALUES Appraised Value - The appraised value is generally the market value of a property with certain exceptions based on generally excepted appraisal methods. Market Value - The price at which a property would transfer for cash or its equivalent under prevailing market conditions if exposed for sale in the open market with a reasonable time, both parties know of all possible uses and defects with the property and neither party is in a position to take advantage of the exigencies of the other. Assessed Value - The amount determined by multiplying the appraised value by the applicable assessment ratio. Taxable Value - The amount determined by deducting from assessed value the amount of any applicable partial exemption. APPRAISED TOTAL TOTAL TOTAL MARKET TOTAL ASSESSED TOTALTAXABLE VALUE PER UNITS ACRES VALUE* VALUE* VALUE* $10 or less 4,121 : 10,546 : $585,223,137 : $544,848,772 : $283,107,958 .............................:............................................................................................................................ $10 - $25 3,474 : 1,162 : $850,331,279 : $842,912,677 : $526,636,405 :............................:................:................:.............................:.............................:.............................: $25 to $50 1,221 : 211 : $284,298,489 : $283,262,725 : $223,389,011 :............................:................:................:.............................:.............................:.............................: $50 to $100 176 : 67 : $201,135,185 : $201,135,185 : $21,921,460 :............................:................:................:.............................:.............................:.............................: $100 to $500 29 : 1 : $8,562,146 : $8,562,146 : $8,215,308 : .............................:............................................................................................................................ $500 or greater : 2 : 0 : $2,452,987 : $761,694 : $659,605 : : . ........ : : : ........ : ........ : Total : 9,023 : 11,987 : $1,932,003,223 : $1,881,483,199 : $1,063,929,747 : .......................................................................................................................................................... *2019 property value CITY OF CORPUS CHRISTI GS MARCH 18 , 2021 c4uggnps . RTY VALUES Bay Oce n Dr Mc gra/e Ra a` Oso Bay ms 0 r o0 a �s y � f Ra'age a0 o S Padre jS/an�0r =��m oaa�a o a so P . ,L Grahams R Dr O F yo//y Rd �ehheaY cswy Car/bb a �a CO e h Or J ko Property Values Sehdero Value per Sq Ft ahQ,A $10 sf or less afro/ $10-$25 sf Rd $25-$50 sf Barney M Davis $50-$100 sf Reservoir $100-$500 sf $500 sf or greater <� �J no data available CEII Flour Bluff Boundary Corpus Christi City Limits �p Blud 1 Miles Source: City of Corpus Christi, NCAD S Data collected May 2020 PI. 0� os Or FI; UR BLUFF ADP BACKGROUND DOCUMENT �' MARCH 18 , 2A21 fig RESIDENTIAL AND C D M M E R C I A L PERMITS RESIDENTIAL AND COMMERCIAL PERMITS 2015 2016 2017 2018 2019 PERMIT TYPE Residential Permits 43 115 : 97 122 : 104 ...................... ......:......................: New 37 : 87 : 71 : 79 : 76 ....................................:......................:......................:...................... ......................:...................... : Remodel 6 : 28 : 26 : 42 : 27 ....................................:...................... ......................:......................:......................:...................... : Addition 0 : 0 : 0 : Commercial Permits. ...................5. ..................31. ..................18T 32.:.................20 ....................................:......................:......................:.................... ......:......................: New 3 : 23 : 4 : 8 : 4 : ....................................:...................... ......................:......................:......................:...................... : Remodel 0 : 7 : 13 : 19 : 12 ....................................:......................:......................:......................:......................:...................... : Addition 2 1 : 1 : 5 : 4 : Total : 48 : 146 : 115 : 154 : 124 ...........................................................:......................:......................:......................:......................: *The report includes permits with estimated construction value of $3,500 or greater. CITY OF CORPUS CHRISTI 70 MARCH 18 , 2021 RESIDENTIAL AND CDcRAsEAr9til AL PERMITS Bay Oce Or Mcgra�e R Oso Bay a�s O 0 a � w �r,�ge v Q oma¢,`' 358 e O� S Padre/ oa`�a O �a . Ploy Dr Grahams ^ • Rd k '• s Car. i ibbeah o a CO ♦ L IZO �� /,'ate - �4/j%Q S _ , Residential and ��a�r Commercial oandAatro/ j -:; . •. Permits Rd4qjl� 2015-2019 Residential (New) Barney M Davis 2015-2019 Residential (Remodel) Reservoir 2015-2019 Residential (Add) 2015-2019 Commercial (New) 2015-2019 Commercial (Remodel) 2015-2019 Commercial (Add) Q �. Flour Bluff Boundary Corpus Christi City Limits ip Blud T _ 1 Miles Source: City of Corpus Christi S Data collected June 2020 Pi,�sd ss Or Fly' UR BLUFF ADP BACKGROUND DOCUMENT it MARCH 18 , 2,021 71 � | 8 � � � O � N � | | � | � V � � TK8 � � T � ' � " '" '" � " ' � � � ' � ' '" " � � ' " � '" ' � PLAN N ED P U 8 Ll C I N V E S T M E N T S LENGTH OF ESTIMATED YEAR DESCRIPTION PROJECT FUNDING SOURCE START Pi Ethel Eyerly Senior Center G.O. Bond 2018 2020/2020 �--'�..........................................................�....................�..................................... ..................�............................. � : p2 � [o|eParkandDimi� Piers � -- G.O.� ond2[D8 � 202l/202 � � � � � �--'�-------------------.�------'�..................................... -----��............................. � : p3 Ethel Eyer|ySenior [trPH2 Future Bond Election 2028/2029 � --- .......................................................... .................... ....................................................... ............................... � p4 � DemittPier Lighting and Decking � -- � None � 2020 � � Renovation �--'�-------------------��------'�------------------��---------'� � Hl Police Substations HoUy&F|ourBluff GllBond 2[D8 2020/2020 � -----------------------------'----------------------------- Fire St]3 Mechanical, Elec. � Fire � H2 � ' � � -- � G1lBond2[D8 � 2020/2020 � � Alarm � � � � �--'�-------------------.�------'�------------------.�............................. � � H3 � FireSt�l3RoofRehab � —' G.O.� ond2[D8 � 2025/2026 � � � � � �--'�-------------------.�------'�------------------.�---------'� � Uq Yorktown � l{l621 Revenue � 202l/2022 � � � � � -----------------------------'----------------------------- � U2 � LagunaShoresRoadForceMain � 2J536 Revenue Bonds � 2[18/2[19 � � � Replacement � ' � � � �--'�-------------------��------'�------------------.�---------'� : U3 Laguna Madre Plant Rehabilitation P4YGC\ Revenue Bonds 2019/2021 � -----------------------------'----------------------------- � G1lBond2[D8 & Prio� Revenue � S1 � Laguna Shores Rd (SP|Dto Graham D� � 3068 � � 2019/2020 � � ' : Bonds � � � � -----------------------------'-------------------............................. � �2 � LagunaShoresRd (Hust|in' Hornetto � 503l � G1lBond 2[D8 & Prio� Revenue � 2019/2020 � � � Caribbean) � ' � Bonds -----------------------------'----------------------------- � S3 Laguna Shores � 5,396 � G1lBond 2[D8 & Prio� Revenue � 2019/2020 � � � toVVynda|eSt) � � Bonds � � �--'�-------------------.�------'�------------------.�............................. � . S4 � Saxony Dr (Mathew toBriston) 293 G1lBond 2[D8. Revenue Bonds 2020 � -----------------------------'----------------------------- � S5 � Hust|in Hornet Dr (|vytoWa|dron) � 1,021 � Residential Street (pr»pertYTa*. � 2020 � � ' Revenue � � � � -----------------------------'-------------------............................. � S6 Millbrook Dr � 1,265 � Residential Street (Property Ta:). � 2020 � � � D� � Revenue Bonds -----------------------------'----------------------------- � S7 St. Per�etua Dr (St� Felicity Dead � 333 � Residential Street (Property � 2020 � � � End) � � RevenueBonds � � -----------------------------'-------------------............................. � S8 Traffic Signals & Lighting G.O. Bond 2014 � 2018/2020 � � � Improvements � � � � -----------------------------'----------------------------- CITY OF CORPU3 CHR | 3T | 72 N A R C H | O . 2 0 2 1 Corpus C3"r%>sti Bay Q �o cean�Or �e�9roi e � Rd Oso Bay PN � 11/0 S'drdfo yoy y S'A =mx e,� ga Rd adr � .I ®So PkwY®r Grahams �\a _.... - _. Rd ✓ ken aa n�dy csw QPCli y o� JCaribbean O / J� 01-h, o 0 ro ah r d,oatro/R d Planned Public BarneyM Davis Investments Reservoir Project Type Health and Safety Improvements icy Parks and Trails Street Improvements Utility/Infrastructure Improvements )cap Blvd Flour Bluff Boundary Corpus Christi City Limits 1 Miles Sea Source: City of Corpus Christi pjh FY 2019-2020 CIP es Or I F 1 0 IJA BLUFF ADP BACKGROUND DOCUMENT MARCH 1B , 20 2/%~'%- '. , 73 IF -. CRIME MAP ( 2015 - 2020 ) CRIME MAP ( 2015 - 2020 ) CATEGORY 2015 20IG 2017 2018 2019 2020* :: AGGRAVATED ASSAULT 90 : 76 : 65 : 88 :: 77 : 7 : ........................................ .................. .................. .................. .................. .................. .................. :: ARSON 5 : 2 : 7 : 14 : 125 : ........................................: : .................. .................. .................. .................. ..................:.................. :: BURGLARY 169 : 150 : 182 : 131 : 11917 : ........................................: : .................. .................. .................. .................. ..................:.................. : :1 : :1 :1 HOMICIDE 220 : ........................................: : .................. .................. .................. .................. .................. .................. :: LARCENY 590 : 638 : 619 : 468 : 461 : 62 : ..... ................................... .................. .................. :.................. MOTOR VEHICLE THEFT 55 : 39 : 54 : 56 : 38 : 7 : ........................................ .................. .................. OTHER CATEGORY 1,568 : 1,466 : 1,445 : 1,732 : 1,442 : 196 : ........................................ ROBBERY 20 : 10 : 12 : 23 : 20 : 2 : ........................................ SEXUAL ASSAULT 29 : 24 : 28 : 31 : 30 : 1 ....... ........ Total 2,528 2,406 : 2,413 : 2,544 : 2,201 : 297 : ............................................................................................................................................................ *Data as of February 2020 CITY OF CORPUS CHRISTI 74 MARCH 18 , 2 0 2 1 CRIME AMAA015 - 2020 ) Bay � Q Ocean- Oso �Ic�9rd/e wj/ia� 2 p� Bay s Or P_ 11P tio/yRd �a 0 f°' o� 1 oo/dr/qge R v Q o�°'� Saraf yo/y S'p Zm,�ra ej�a gd Rd acYre/s �a P Oso iandOr kIVY pr Grah a a a �Rd ✓Fk n wy Car/bbeah O �a �o fork fo 4�%d 2015-2020 Crime Map ehderoa °? cul Flour Bluff Boundary hdAafr �° Corpus Christi City Limits o/Rd Crime Frequency Barney M Davis Reservoir Low Crime Frequency High Crime Frequency �a Q Note: ap Blvd The increase in crime frequency on the heat map represents a greater clustering of crimes in a certain area. 1 Miles Source: City of Corpus Christi Sea Data collected February 2020 Aihe SO r FIDU. BLUFF ADP BACKGROUND DDCUMENT MARCH 18 , 2021 75 r a PUBLIC INPUT : CRIME AND SAFETY CONCERNS PUBLIC INPUT : CRIME AND SAFETY CONCERNS The map shows the location of crime and safety concerns as identified by the public input received through the online survey. Each marker on the map represents a location where a crime or safety issue has been identified. For details regarding the comments related to each data point, see Online Survey 1 Summary. ------------------- ' , General Crime 127 : 48% : :...................................................:......................:......................: Homelessness 106 : 40% : :...................................................:......................:......................: : Drugs 11 : 4% : :...................................................:......................:......................: Perception of Crime 6 : 2% : ....................................................:......................:...................... : Trespassing 4 : 2% : ......................:......................: Police Presence Needed 3 : 1% ................................................... ......................:......................: Theft 3 : 1% ....................................................:......................:......................: Code Enforcement 2 : 1% :...................................................:......................:......................: Animal control 1 : 0% : :...................................................:......................:......................: Loitering 1 : 0% : :...................................................:......................:......................: Speeding 1 : 0% : :.................................................................................................: Total : 265 : 1000/0 ................................................................................................... CITY OF CORPUS CHRISTI 7G MARCH 18 , 2021 UBLIC INPUT : CRIME ANq ,,;,Ab/ .jjjY CONCERNS Bay oce r Mc�9r��e R a a` Oso Bay r ^ ^ % 'o �0 S� -1 M� m c -,.0 S o Pa e I5/0 as�a _�... • �C� �y Dr � .�yo/� d� � � ✓;c /Rd � a Cdrlbb edn O a Public Input: Crime Map ror `- Response Topic kt0�h% o o �E General Crime Perception of Crime Sehaer �E Theft odha O Speeding 'Odtr = ♦ Animal control o�Rq �E O Code Enforcement Barney M Davis gyp. Drugs Reservoir Homelessness ♦ Loitering Trespassing Police Prescence Needed Q 9 Flour Bluff Boundary Corpus Christi City Limits ip Blvd i Miles Source: Metroquest S Data collected May 2020 P". od os Or FI; UR BLUFF ADP BACKGROUND DOCUMENT wi' MARCH 1B , 2A21 77 THIS PAGE INTENTIONALLY LEFT BLANK CITY OF CORPUS CHRISTI 78 MARCH 18 , 2021 ENVIRONMENTAL CONDITIONS PRELIMINARY FIRM PRELIMINARY FIRM FEMA FLOOD ZONE DESIGNATIONS Velocity Zone Areas along coasts subject to a 1% or greater annual chance of flooding in any given year that include additional hazards associated with velocity wave action. 1% Annual Chance (100 year) Areas subject to a 1% or greater annual chance of flooding in any given year. 0.2% Annual Chance (500 year) Areas subject to a 0.2% or greater annual chance of flooding in any given year. Minimal Flood Hazard Areas of minimal flood hazard from the principal source of flood in the area and determined to be outside the 1% and 0.2% annual chance floodplain. DESIGNATION ACRES I PERCENTAGE I STRUCTURES I ---------------------------------------------------------------------------- Velocity Zone 632.2 : 4.8% : 2 1% Annual Chance (100 year) 1,505.2 : 11.5% : 214 :.....:.......................................................................:...........................:...........................:...........................: 0.2% Annual Chance (500 year) 888.2 : 6.7% : 277 Minimal Flood. Hazard 10.079.9 76.90 Open Water ----------------------------------- Total 13,106.6 : 100.0% 493 .............................................................................:...........................:...........................:...........................: CITY OF CORPUS CHRISTI 80 MARCH 18 , 2021 LcR-jIuI M0 A R Y F I R M Q Bay Cr = Oso Bay Or � • e o � Q 11/ 0 Sdrd d S Padre IS/ Zm�m ey��9d dnd®r. aPL s° Gra tY Dr ham R �oaa yoijy Rd d � Fkehn 0(61 ar�bb �a CD r J v P dpafr�,Rd Flood Zone Map Barney M Davis FEMA Flood Zone Reservoir velocity Zone ? 1%Annual Chance (100 year) . 0.2%Annual Chance (500 year) Open Water a Flour Bluff Boundary r Corpus Christi City Limits Ivd 1 Miles Source: City of Corpus Christi SO Data collected February 2020 1%ip 61 FL0LIR BLUFF ADP BACKGROUND DOCUMENT f MARCH 18 , 202,,1_ 81 y STORM SURGE STORM SURGE CATEGORY 1 HURRICANE Up to 3' Above Ground 475.2 : 18 Greater than 3' Above Ground 485.0 : 18 :.....:...................................................:.........................:.........................: Greater than 6' Above Ground N/A : N/A Greater than 9' Above Ground N/A N/A The storm surge map is based on data from the National Hurricane Center (NHC). The SLOSH (Sea, Lake, and Overland Surges from Hurricanes) model is a numerical model used by National Weather Service to compute storm surge. Storm surge is defined as the abnormal rise of water generated by a storm, over and above the predicted astronomical tides. Flooding from storm surge depends on many factors, such as the track, intensity, size, and forward speed of the hurricane and the characteristics of the coastline where it comes ashore or passes nearby. For planning purposes, the NHC uses a representative sample of hypothetical storms to estimate the near worst-case scenario of flooding for each hurricane category. CITY OF CORPUS CHRISTI 82 MARCH 18 , 2021 Corpus Christi Bay T0RM SURGE M doe Or cgr�io _ o 0 � c � Q- °%Yr Ra'09e ,�a c .6jatO9a S Padre ��y r s a �� P iso Gr ",Mowaha R� ✓F,,' oa o//y Rd s� < � � v J 1'orM 84-zi I Sc,��or oa aAa�r°/R a ' BarneyMDavis Storm Surge Reservoir Category 1 . Up to 3'above ground Greater than 3'above ground Greater than 6'above ground Greater than 9'above ground cap Blvd Flour Bluff Boundary Corpus Christi City Limits T 1 Miles Source: Natl Huricane Ctr, Data collected August 2020 FL0Uf BLUFF ADP BACKGROUND DOCUMENT ,� MARCH IB , 2021 83 STORM SURGE CATEGORY 2 HURRICANE I NUMBER OF CATEGORY 2 ACRES STRUCTURES -------------------------------------------------------- ------------------------ ------------------------ Up to 3' Above Ground 597.8 : 164 : M................................................... ......................... ......................... Greater than 3' Above Ground 1,190.0 : 197 : Greater than 6' Above Ground 1,278.0 : 197 : Greater than 9' Above Ground N/A N/A The storm surge map is based on data from the National Hurricane Center (NHC). The SLOSH (Sea, Lake, and Overland Surges from Hurricanes) model is a numerical model used by National Weather Service to compute storm surge. Storm surge is defined as the abnormal rise of water generated by a storm, over and above the predicted astronomical tides. Flooding from storm surge depends on many factors, such as the track, intensity, size, and forward speed of the hurricane and the characteristics of the coastline where it comes ashore or passes nearby. For planning purposes, the NHC uses a representative sample of hypothetical storms to estimate the near worst-case scenario of flooding for each hurricane category. CITY OF CORPUS CHRISTI 84 MARCH 18 , 2 0 2 1 Corpus Christi _� . Bay T0RM SURGE Mc .�oean�r O 0 °%Yr Rey�09e 6rato9 S Padre a . �s ��a: P��Y Dr �' Grahams Rd t a '!4 So��c'ro a� cY,patro/R a BarneyMDavis Storm Surge Reservoir w. Category 2 Up to 3'above ground Greater than 3'above ground Greater than 6'above ground Greater than 9'above ground Cap Blvd Flour Bluff Boundary Corpus Christi City Limits T 1 Miles Source: Natl Huricane Ctr, Data collected August 2020 FL0Uf BLUFF ADP BACKGROUND DOCUMENT ,� MARCH 18 , 2021 85 STORM SURGE CATEGORY 3 HURRICANE NUMBER OF Up to 3' Above Ground CATEGORY 3 ACRES STRUCTURES ------------------------ ------------------------ 1,289.3 542 : Greater than 3' Above Ground1,965.8 690 : ...................................................: ......................... ......................... Greater than 6' Above Ground 2,607.0 : 770 : Greater than 9' Above Ground 2,954.2 : 778 : The storm surge map is based on data from the National Hurricane Center (NHC). The SLOSH (Sea, Lake, and Overland Surges from Hurricanes) model is a numerical model used by National Weather Service to compute storm surge. Storm surge is defined as the abnormal rise of water generated by a storm, over and above the predicted astronomical tides. Flooding from storm surge depends on many factors, such as the track, intensity, size, and forward speed of the hurricane and the characteristics of the coastline where it comes ashore or passes nearby. For planning purposes, the NHC uses a representative sample of hypothetical storms to estimate the near worst-case scenario of flooding for each hurricane category. CITY OF CORPUS CHRISTI SG MARCH 18 , 2 0 2 1 Corpus Christi Bay T0RM SURGE M �oean Or c,9r�/e cY �< wj//ams 2 yRa o� s °%Yr•, � Q�a� 358 < Ra ig90 aoc \�`Q< e/ato9a s Padre ��y r a a71, ��✓ Rd oaf Or �< roc v orho49)B/ -. Se�Q,oro • a� cY,patro/R a BameyMDavis Storm Surge Reservoir . Category 3 M Up to 3'above ground Greater than 3'above ground Greater than 6'above ground M Greater than 9'above ground cap Blvd Flour Bluff Boundary Corpus Christi City Limits T 1 Miles Source: Natl Huricane Ctr, Data collected August 2020 FL0Uf BLUFF ADP BACKGROUND DOCUMENT ,� MARCH IB , 2021 87 STORM SURGE CATEGORY 4 HURRICANE NUMBER OF Up to 3' Above Ground CATEGORY 4 ACRES STRUCTURES ------------------------ ------------------------ 3,221.7 : 2,846 : ................ ......................... Greater than 3' Above Ground 4,885.0 : 3,614 ................................................... ................ ......................... Greater than 6' Above Ground 5,822.5 : 3,781 : ......................... ......................... Greater than 9' Above Ground 7,035.0 3,920 : ..................................................... The storm surge map is based on data from the National Hurricane Center (NHC). The SLOSH (Sea, Lake, and Overland Surges from Hurricanes) model is a numerical model used by National Weather Service to compute storm surge. Storm surge is defined as the abnormal rise of water generated by a storm, over and above the predicted astronomical tides. Flooding from storm surge depends on many factors, such as the track, intensity, size, and forward speed of the hurricane and the characteristics of the coastline where it comes ashore or passes nearby. For planning purposes, the NHC uses a representative sample of hypothetical storms to estimate the near worst-case scenario of flooding for each hurricane category. CITY OF CORPUS CHRISTI MARCH88 18 , 2 0 2 1 Corpus Christi B§1T0RM SURGE Mc,gr - �oean Or ¢� Oso Bay c °%Yr•, � Q�¢,� 358 , Sarato S Padre IS/ahs B/�cY 9a �r �a ps ark . a - F (PL 0 v 14a Se��ero �fr a� cY,patro/R a BarneyMDavis Storm Surge Reservoir � Category 4 �. Up to 3'above ground Greater than 3'above ground Greater than 6'above ground . _ Greater than 9'above ground Cap Blvd Flour Bluff Boundary Corpus Christi City Limits T 1 Miles Source: Natl Huricane Ctr, Data collected August 2020 FL0Uf BLUFF ADP BACKGROUND DOCUMENT ,� MARCH IB , 2021 89 STORM SURGE CATEGORY 5 HURRICANE NUMBER OF Up to 3' Above Ground CATEGORY 5 ACRES STRUCTURES ------------------------ ------------------------ 2,273.8 : 2,371 : Greater than 3' Above Ground5,597.8 : 5,032 : ...................................................: ......................... ......................... Greater than 6' Above Ground 7,341.4 5,933 : Greater than 9' Above Ground 9,657.8 : 6,286 : The storm surge map is based on data from the National Hurricane Center (NHC). The SLOSH (Sea, Lake, and Overland Surges from Hurricanes) model is a numerical model used by National Weather Service to compute storm surge. Storm surge is defined as the abnormal rise of water generated by a storm, over and above the predicted astronomical tides. Flooding from storm surge depends on many factors, such as the track, intensity, size, and forward speed of the hurricane and the characteristics of the coastline where it comes ashore or passes nearby. For planning purposes, the NHC uses a representative sample of hypothetical storms to estimate the near worst-case scenario of flooding for each hurricane category. CITY OF CORPUS CHRISTI 00 MARCH 18 , 2 0 2 1 Corpus Christi Bay T0RM SURGE Mc �oean�r w �r C o - Ra SP � e/ato9a I afire IS/ah�O =���a "Dr a �° ay cS�Y Cq '. Ca�Nc'a J a�)o,,o r: Ott., BameyMDavis Storm Surge Reservoir +•�; Category 5 M Up to 3'above ground Greater than 3'above ground Greater than 6'above ground M Greater than 9'above ground Cap Blvd Flour Bluff Boundary Corpus Christi City Limits T 1 Miles Source: Natl Huricane Ctr, Data collected August 2020 FL0Uf BLUFF ADP BACKGROUND DOCUMENT ,� MARCH IB , 2021 91 PUBLIC INPUT : FLOOD PRONE AREAS PUBLIC INPUT : FLOOD PRONE AREAS This map identifies flood prone area as identified by the public input received through the online survey. Each dot on the map represents a location where flooding has been identified. Light flooding and heavy flooding are based on the level of density of the dots. This map reflects information gathered from the online survey. For details regarding the comments related to each data point, see Online Survey 1 Summary. CITY OF CORPUS CHRISTI 02 MARCH 18 , 2021 Q PUBLIC INPUT : FLElo$& Bay Oce r �c�rd/e t Ra a Oso Bay s Or C • a � til yO/yRa o� s�sr °O/qr. gage Ra a°� _ m�� • � o erafO9 ' „ S Padre a o moa M � y Rd • ��edy •• o caro � ' • . � ,c bean �a Or• �o • �c a 1"or % • owh • �.. e • /Va o o • • Public Input: ehaer° Flood Prone Areas 'oatro/ • Flooding Location Ra Flour Bluff Boundary Barney M Davis Corpus Christi City Limits Reservoir Flooding Rate Light Flooding �y Heavy Flooding cap Blvd 1 Miles S oa Source: Metroquest Pinos Data collected May 2020 r f F101YR BLUFF ADP B A C K G R 0 U N 0 DOCUMENT MARCH 18 , 202.+., 93 �.a THIS PAGE INTENTIONALLY LEFT BLANK CITY OF CORPUS CHRISTI 94 MARCH 18 , 2021 LAND USE � � | � T | N � | 8NM N � � � � . � . . .. � � � .. � � � � EXISTING LAND USE � :Agricultural 1.059.6: 8]%: --------------------------------. -------.�-------.� � �V�t�[ � 1.368��� 1O/4Y� � � � -------��-------�� rvation/Preservation 197.9: 1.5%: ~��`--------------------------------�-------��-------�� Drainage Corridor 55.7: 0.4%: �—'�--------------------------------�-------.�-------.� � :Railroad Right-of-Way E11.5: 6.2%: �—'�--------------------------------�-------.�-------.� � �/�[�nt � 2]43��� 16�4Y�� � � � � � ----------------------------------.. -------.�-------.� Estate Residential 67��(� 5]��: � � --------------------------------.�-------.�-------.� L0vv'Den5itvRe5identia| 1.383.9: 10.6%: --------------------------------..-------.�-------.� Medium-Density Residential 127.0: 1.0%: --------------------------------.�-------.�-------.� Manufactured Home 144.0: 1]%: -------.�-------.� Park 88��� O7�� � � : -------------------------------.. -------.�-------.� Pub|icSenni'Pub|ic 4,703.2: 35.9: --------------------------------. -------. ...................... � lP[0f�55i0n�| Of i[� � 5�[l <O]�� � � � ---------------------.. -------.�-------.� Commercial 291��� ����� � � : ---------------------.. -------.�-------.� 26]: {l2��: � � ---------------------.. -------.�-------.� Heavy Industrial �T�� {l3�� � � � � ��������' ���. ' �--------------- .......................... ----- ........... . ... � Total: 13,106.6: 100.0% -------------------------------------------------- C | TY OF CORPUS CHRISTI 9 G M A R C H 1 8 . 2 0 2 1 Corpus Christi Bay oce r Mogra/e R a a` Oso Bay �s o r �r tion yRa �o� rsr foo/ 0 Rar�age �0 m�� S p®are 1t =m �° •� .Cj 4F A Ge r yo//y R �r~ ob d * kehh�'a, r ar/bbeah tFF Ct0 �� Existing Land Use Existing Land Use (2019) Agricultural Water rorkt oConservation/Preservation .. � �'hB/�a I . '" Drainage Corridor Vacant Se�Q • a.# Estate Residential ero Low Density Residential andA afro/ Medium Density Residential Rq t, Manufactured Home Bamey M Davis Park Reservoir Public/Semi-Public Professional Office j' Commercial Jra Light Industrial Q Heavy Industrial n Flour Bluff Boundary ip Blvd + Corpus Christi City Limits T 1 Miles S Source City of Corpus Christi P". 0";, os Or FL, R BLUFF ADP BACKGROUND DOCUMENT MARCH 1B , 2021 97 * r. x ,y* w r S U B 0 1 V I S 1 0 N / P L A T T I N G SUBDIVISION / PLATTING NUMBER OF DECADE ACRES SUBDIVISIONS : 1940s 11 : 732.8 : ....................... ....................... ....................... : 1950s 20 : 433.2 : ....................... ....................... ....................... : 1960s 114 : 594.4 : ....................... ....................... ....................... : 1970s 153 : 873.3 : ....................... ....................... ....................... : 1980s 94 : 653.0 : ....................... ....................... ....................... : 1990S 53 202.6 : ....................... ....................... ....................... 2000s 98 : 589.8 : ....................... ....................... ....................... 2010s 104 : 469.1 : ....................... ....................... ....................... 2020s 5 14.6 : ....................... ....................... ....................... no data 49 : 2,951.5 : ............... ...............................:...... .................... Total : 701 : 7,514.2 : .......................: ................................................. CITY OF CORPUS CHRISTI 98 MARCH 1 8 , 2 0 2 1 SLI B jptj&JN / PLATTING Bay Oce Dr Mogra/ o Ra a` Oso Bay S O� 0 0 tiO/y � �Sr r Rd or•, Ir -I S padre O,. as�a ° 000 PLo PL Graba� Dr Ra ✓,c yo//y Rd Y /f ohhoaY C o� Caribboan O °tea SCO � � v J� �O r�rkt Subdivision/Platting owh & Decade no data S�,h�or 1940's ° ON1950's 1950's Aafro/ u 1960's Rd 0 1970's Barney M Davis 0 1980's Reservoir 1990's 2000's 2010's 2020's Flour Bluff Boundary Corpus Christi City Limits ip Blvd T 1 Miles Source City of Corpus Christi eS' Data collected September 2020 ` r FLx UR BLUFF ADP BACKGROUND DOCUMENT i� MARCH 1B , 2,p21 99 x ,y* w r Iw 1 rye` � � 1 � � NTN � � | 8 � M N � � � � . � . � . � .^ � � � .. � � � � 2016 FUTURE LAND USE LAND USE ACRES I PERCENTAGE :: Agriculture/Rural Enterprise 295.7 2% : --------------------------------. -------.�-------.� Commercial 3J3�6 � �96 � � � � --------------------------------. -------. ...................... Government 1.O71/4 � 896 � � � � --------------------------------. -------.�-------. � Heavy Industrial � 5/4 : /196 : �w��--------------------------------. -------. ...................... � � Light Industrial 8.9 /196 : �—'�--------------------------------�-------.�-------.� L0vv'D�n5i�v Residential � 3.364�5 : 3696 � � � � � �—'�--------------------------------�-------.�-------.� � � K4ediunl'Den5ityRe5identia| 856.0 : 796 : --------------------------------�-------��-------�� K4u|tifanni|y Residential 414i8 : 396 � �w��--------------------------------�-------��-------�� � � Transportation 4[409.3 : 34% : �—'�--------------------------------�-------.�-------.� � � Permanent Open Space 430.4 : 396 : � --------------------------------�-------.�-------.� � Flood Plain Conservation � 13{l8 : 196 � � � � � --------------------------------. -------.�-------.� Transition Aviation Special District 497.6 : 4% � --------------------------------. -------. ...................... � � VV�t�r � 1'�967 � 1O96 : � � � � � ---------------------------. -------.�-------.� 11�6 <196 � � �� � --' --------------------------' �------ ..........----- ......................................................... .......... -- ..... — ............... � � Tmt�| : 13�g6�S : 1gg���, : � � � � -------------------------------------------------- CITY OF CORPUS CHRISTI 100 M ARCH | O . 2O2 | Carpus �'h:isf! Bay oce r Oso Ba Y iidms or e Ra _ 01Q, 0 0 oO�dr °� Q.Oi /fid ge < , r� ry •�w °c _ S Padre is .Zm�m P�Wy Dr Rd� r ✓Fke ho/lY Rd I• eayCsW f; C-D Car�6 a" 'c 2016 Future Land Use Commercial J� Agriculture/Rural Enterprise Government 1- Heavy Industrial o1-Irz, ,he Light Industrial .,mow o o Low-Density Residential lt Seh�ero. 10111 Multifamily Re Residential and�Aatr Transportation o�%?Q Permanent Open Space Barney M Davis Flood Plain Conservation Reservoir Transition Aviation Special District ' Vacant J� Water J`a Flour Bluff Boundary a Corpus Christi City Limits Note: ) Blud A comprehensive plan shall not constitute zoning regulations or establish zoning district boundaries. 1 Miles e� Source City of Corpus Christi 107 �S®r.. UR BLUFF ADP BACKGROUND DOCUMENT MARCH 1B ,r'�20021 101 APPROVED ZONING CASES ( 2015 - 2020 ) APPROVED ZONING CASES ( 2015 - 2020 ) ZONING DISTRICTS FIR Farm Rural ................ ........................................................... RE Residential Estate ................ ........................................................... RS-4.5 Single-Family 4.5 ................ ........................................................... RS-6 Single-Family 6 ................ ........................................................... RS-15 Single-Family 15 ................ ........................................................... RS-22 Single-Family 22 ................ ........................................................... RM-1 Multifamily 1 ................ ........................................................... RM-3 Multifamily 3 ................ ........................................................... RM-AT Multifamily AT ................ ........................................................... SP Special Permit ................ ........................................................... CR-1 Resort Commercial (Bayfront) ................ ........................................................... CC Commercial Compatible ................ ........................................................... CG-1 General Commercial (Limited) ................ ........................................................... CG-2 General Commercial ................ ........................................................... RV Recreational Vehicle Park District ................ ........................................................... RMH Manufactured Home District ................ ............................................................ CITY OF CORPUS CHRISTI 102 MARCH 1 8 , 2 0 2 1 APPROVED ZONING E&;L 3hrijti2D15 - 2020 ) Bay CCe r Rd O� Oso Bay nJs�r ° ° a �s foo/qr S Padre S /stand p 0518-01 0415-08 a�a • 0518-02 0616-05 Gra °••..A 0916-02 1219-03 d yo//y Rd I, 0415-02 . 0715-06 ✓,��e o- 0715-05 0719-02 s C a O 41 0716-01 ar�bb0gl O ��J � 01Z, 0818-06 i o` 0118-03 �� 0818-05 0615-05 Approved Zoning Cases (2015-2020) endero °� Year of Case an°A 0819-05 _ / 2015 afr 0515-03 2016 Barney M Davis 2017 Reservoir 2018 1119-04 2019 0 2020 Flour Bluff Boundary r, Corpus Christi City Blud Limits T 1 Miles Source: City of Corpus Christi May 2020 �r FLUR BLUFF ADP BACKGROUND DOCUMENT MARCH 1B , 2D„� 1 103 8 � � � � V � M � � � | � � � 8 � � � � � � 1q - � � � � � " ' ' '^ � " � " � � '" ' '" � � " � � � v � � ' � � � � � ^ CASE NUMBER DATE APPROVED ZONING CHANGE � � � O415'O3 � �/ 9/3[D5 � R�'6t0R�'zi5 � � � � � �-------------�-------------�................................................................................ � � OzA5'O8 � 5/26/�O15 � C�� t0 CG-1/SP � � � � � �-------------�-------------�................................................................................ � � O515'O3 � 6/�3/�{D5 � RS-6 RS-4.5 � � � � � �-------------�-------------�................................................................................ � � � O6J5'O5 7y�1/2{D5 � R�W� t0 RS-6 � � � � � �-------------�-------------�................................................................................ � � O715'O5 � g/R/?{D5 � R�W� t0 C��� � � � � � �-------------�-------------�................................................................................ � � O715'O6 � g/R/?{D5 � R�W� t0 CC � � � � � �-------------�-------------�................................................................................ � � 06J6'O5 � 8/9/�{D6 � RE � C�� t0 RE/SP � � � � � �-------------�-------------�................................................................................ � � O716'{D � 8/ 6/�{D6 � FR � RS'6t0 RS-22/SP � � � � � �-------------�-------------�................................................................................ � � O916'QZ : 11�/2{D6 � RS-6 C�� � � � � � �-------------�-------------�................................................................................ � � O71��O3 : 1O/�4/�O17 � C��2 t0 RV � � � � � �-------------�-------------�................................................................................ � � [D18'O3 : �/?7y?{D8 � C�� � RS'6t0 RS-22 � � � � � �-------------�-------------�................................................................................ � � O5J8'{D : ��7y2[D8 CG-1 � � � � � �-------------�-------------�................................................................................ � � O5J8'QZ : 7y?4/?{D8 � R�W� t0CN� � � � � � �-------------�-------------�................................................................................ � � OED8'O5 : 1O/g/?{D8 CR-1 � � � � � �-------------�-------------�................................................................................ � � OED8'O6 : 1O/g/?{D8 CR-1 � � � � � �-------------�-------------�................................................................................ � � O719'QZ : 1O/ 5/�{D9 � RE t0 RS-15 � � � � � �-------------�-------------�................................................................................ � � OED9'O5 : 12�7Y�{D9 � RK4H t0 RS-6 � � � � � �-------------�-------------�................................................................................ � � : 1119'O4 1��/2QZO � RK4Ht0RS'6 � � � � � �-------------�-------------�................................................................................ � � : 12J9'O3 3/ 8/�QZO RS-6 � � � � � �������������.�������������� ................................................................................ � C | TY OF CORPU3 CHR | 3T | 104 NARCH 1O . 2O2 | APPROVEO ZONING CASES ( 2015 - 2020 ) THIS PAGE INTENTIONALLY LEFT BLANK FLOUR BLUFF ADP BACKGROUND DOCUMENT MARCH 18 , 2021 105 AIR INSTALLATION COMPATIBLE USE ZONE ( AICUZ ) AIR INSTALLATION COMPATIBLE USE ZONE ( AICUZ ) DEFINITIONS OF ACCIDENT POTENTIAL ZONES APZ-1 - Accident Potential Zone 1 APZ-2 - Accident Potential Zone 2 CZ - Clear Zone For details regarding the AICUZ, see the NAS Corpus Christi Joint Land Use Study (JLUS) POTENTIALACCIDENT I DISTRICTS -------------------- APAP CG-1 : General Commercial 0.0 : 1.7 : 123.5 : 125.2 :.............:.............................................:.....................:.....................:.....................:..................... : CG-2 : General Commercial 0.0 : 0.0 : 15.4 : 15.4 :.............:.............................................:.....................:.....................:.....................:..................... : CN-1 : Neighborhood Commercial 0.0 : 2.2 : 0.6 : 2.8 : :.............:.............................................:.....................:.....................:.....................:..................... : CR-1 : Resort Commercial 0.0 : 0.0 : 10.1 : 10.1 : :.............:.............................................:.....................:.....................:.....................:..................... : FR : Farm Rural 279.4 : 129.1 : 82.2 : 490.7 : :.............:.............................................:.....................:.....................:.....................:..................... : IH : Heavy Industrial 11.0 : 75.4 : 8.3 : 94.7 : :.............:.............................................:.....................:.....................:.....................:..................... : IL Light Industrial 0.0 : 190.4 : 24.5 : 214.9 :...........................................................:.....................:.....................:.....................:.....................: RE : Residential Estate 4.9 : 5.1 : 81.8 : 91.8 : :.............:.............................................:.....................:.....................:.....................:.....................: RM-1 : Multifamily 1 0.0 : 1.4 : 46.3 : 47.7 : :.............:.............................................:.....................:.....................:.....................:.....................: RMH : Manufactured Home 0.0 : 21.2 : 37.6 : 58.8 : :.............:.............................................:.....................:.....................:.....................:.....................: RS-15 : Single-Family 15 0.0 : 35.6 : 0.0 : 35.6 : :.............:.............................................:.....................:.....................:.....................:.....................: S-22 : Single-Family 22 0.0 : 4.0 : 15.8 : 19.8 : :.............:.............................................:.....................:.....................:.....................:.....................: RS-4.5 : Single-Family 4.5 0.0 : 0.7 : 13.6 : 14.3 :.............:.............................................:.....................:.....................:.....................:.....................: RS-6 : Single-Family 6 440.2 : 515.4 : 279.2 : 1,234.8 : :.............:.............................................:.....................:.....................:.....................:.....................: RS-TF : Two Family 0.0 : 1.9 : 9.0 : 10.9 : :.............:.............................................:.....................:.....................:.....................:.....................: RV : Recreational Vehicle Park : 0.0 : 0.0 : 3.7 : 3.7 Total : 738.0 : 984.0 : 751.7 : 2,473.7 : :.............:.............................................:.....................:.....................:.....................:.....................: CITY OF CORPUS CHRISTI 1013 MARCH 18 , 2021 Q o�ean'o. Corpus Christi r Bay c O{ tea, 2� i age R � 358 �`r a ,/o9a � fah• � i 1 a 0804111111111 All Ra Sw.Y far/6 a," m� m c`II ktow o • ttF � Ra Flour Bluff ` > . Bamey M Davis AICUZ Zones Reservoir APZ-1 APZ-2 �y r CZ �u s Flour Bluff w. Corpus Christi City Limits cap BIi qT Miles Source City of Corpus Christi S a Data collected April 6,2020 s D, BLUFF ADP BACKGROUND DOCUMENT MARCH 1B , 202+ ,*may 107 1� r ._ BUSINESS ANALYST : RETAIL MARKETPLACE PROFILE BUSINESS ANALYST : RETAIL MARKETPLACE PROFILE esirr Retail MarketPlace Profile Flour Bluff Prepared by Esri Area: 20.49 square miles Summary Demographics 2019 Population 22,861 2019 Households 8,572 2019 Median Disposable Income $43,916 2019 Per Capita Income $26,729 NAICS Demand Supply Retail Gap Leakage/Surplus Number of 2017 Industry Summary (Retail Potential) (Retail Sales) Factor Businesses Total Retail Trade and Food&Drink 44-45,722 $261,540,589 $178,906,932 $82,633,657 18.8 118 Total Retail Trade 44-45 $235,695,147 $157,897,148 $77,797,999 19.8 80 Total Food&Drink 722 $25,845,442 $21,009,784 $4,835,658 10.3 38 NAICS Demand Supply Retail Gap Leakage/Surplus Number of 2017 Industry Group (Retail Potential) (Retail Sales) Factor Businesses Motor Vehicle&Parts Dealers 441 $51,325,250 $42,674,126 $8,651,124 9.2 17 Automobile Dealers 4411 $41,322,019 $10,529,791 $30,792,228 59.4 6 Other Motor Vehicle Dealers 4412 $5,500,308 $30,407,623 -$24,907,315 -69.4 10 Auto Parts,Accessories&Tire Stores 4413 $4,502,924 $1,736,711 $2,766,213 44.3 1 Furniture&Home Furnishings Stores 442 $8,120,229 $2,134,221 $5,986,008 58.4 3 Furniture Stores 4421 $4,736,930 $2,134,221 $2,602,709 37.9 3 Home Furnishings Stores 4422 $3,383,299 $0 $3,383,299 100.0 0 Electronics&Appliance Stores 443 $8,445,107 $2,056,778 $6,388,329 60.8 2 Bldg Materials,Garden Equip.&Supply Stores 444 $15,352,553 $339,660 $15,012,893 95.7 2 Bldg Material&Supplies Dealers 4441 $14,482,009 $0 $14,482,009 100.0 0 Lawn&Garden Equip&Supply Stores 4442 $870,544 $339,660 $530,884 43.9 2 Food&Beverage Stores 445 $42,723,523 $26,246,821 $16,476,702 23.9 14 Grocery Stores 4451 $38,795,907 $23,100,497 $15,695,410 25.4 9 Specialty Food Stores 4452 $1,814,435 $500,101 $1,314,334 56.8 2 Beer,Wine&Liquor Stores 4453 $2,113,180 $2,646,223 -$533,043 -11.2 3 Health&Personal Care Stores 446,4461 $13,676,511 $3,948,389 $9,728,122 55.2 3 Gasoline Stations 447,4471 $23,859,829 $14,411,384 $9,448,445 24.7 6 Clothing&Clothing Accessories Stores 448 $10,479,248 $1,129,415 $9,349,833 80.5 4 Clothing Stores 4481 $6,981,855 $432,842 $6,549,013 88.3 2 Shoe Stores 4482 $1,476,205 $0 $1,476,205 100.0 0 Jewelry,Luggage&Leather Goods Stores 4483 $2,021,188 $696,573 $1,324,615 48.7 2 Sporting Goods,Hobby,Book&Music Stores 451 $7,984,974 $9,022,236 -$1,037,262 -6.1 10 Sporting Goods/Hobby/Musical Instr Stores 4511 $7,118,613 $9,022,236 -$1,903,623 -11.8 10 Book,Periodical&Music Stores 4512 $866,361 $0 $866,361 100.0 0 General Merchandise Stores 452 $40,833,916 $52,429,707 -$11,595,791 -12.4 7 Department Stores Excluding Leased Depts. 4521 $28,257,981 $47,881,931 -$19,623,950 -25.8 2 Other General Merchandise Stores 4529 $12,575,935 $4,547,776 $8,028,159 46.9 5 Miscellaneous Store Retailers 453 $9,291,120 $3,504,412 $5,786,708 45.2 12 Florists 4531 $386,156 $131,493 $254,663 49.2 1 Office Supplies,Stationery&Gift Stores 4532 $1,973,629 $1,227,579 $746,050 23.3 5 Used Merchandise Stores 4533 $1,550,838 $956,563 $594,275 23.7 2 Other Miscellaneous Store Retailers 4539 $5,380,496 $1,188,776 $4,191,720 63.8 4 Nonstore Retailers 454 $3,602,889 $0 $3,602,889 100.0 0 Electronic Shopping&Mail-Order Houses 4541 $2,586,311 $0 $2,586,311 100.0 0 Vending Machine Operators 4542 $211,972 $0 $211,972 100.0 0 Direct Selling Establishments 4543 $804,606 $0 $804,606 100.0 0 Food Services&Drinking Places 722 $25,845,442 $21,009,784 $4,835,658 10.3 38 Special Food Services 7223 $308,179 $110,331 $197,848 47.3 1 Drinking Places-Alcoholic Beverages 7224 $931,589 $1,946,604 -$1,015,015 -35.3 7 Restaurants/Other Eating Places 7225 $24,605,674 $18,952,849 $5,652,825 13.0 30 Data Note:Supply(retail sales)estimates sales to consumers by establishments.Sales to businesses are excluded.Demand(retail potential)estimates the expected amount spent by consumers at retail establishments.Supply and demand estimates are in current dollars. The Leakage/Surplus Factor presents a snapshot of retail opportunity.This is a measure of the relationship between supply and demand that ranges from+100(total leakage)to-100(total surplus).A positive value represents'leakage'of retail opportunity outside the trade area.A negative value represents a surplus of retail sales,a market where customers are drawn in from outside the trade area.The Retail Gap represents the difference between Retail Potential and Retail Sales.Esri uses the North American Industry Classification System(NAICS)to classify businesses by their primary type of economic activity.Retail establishments are classified into 27 industry groups in the Retail Trade sector,as well as four industry groups within the Food Services&Drinking Establishments subsector.For more information on the Retail Marketplace data,please click the link below to view the Methodology Statement. http://www.esri.com/library/whitepapers/pdfs/esri-data-retail-marketplace.pdf Source:Esri and Infogroup. Esri 2019 Updated Demographics. Esri 2017 Retail Marketplace.Copyright 2019 Esri.Copyright 2017 Infogroup,Inc.All rights reserved. February 18,2020 CITY OF CORPUS CHRISTI 108 MARCH 18 , 2021 BUSINESS ANALYST : RETAIL MARKETPLACE PROFILE Oesri- Retail MarketPlace Profile Flour Bluff Prepared by Esri Area: 20.49 square miles 2017 Leakage/Surplus Factor by Industry Subsector Motor Vehicle&Parts Dealers Furniture&Home Furnishings Stores Electronics&Appliance Stores Bldg Materials,Garden Equip.&Supply Stores Food&Beverage Stores Health&Personal Care Stores Gasoline Stations Clothing and Clothing Accessories Stores Sporting Goods,Hobby,Book,and Music Stores General Merchandise Stores Miscellaneous Store Retailers Nonstore Retailers Food Services&Drinking Places 10 0 10 20 30 40 50 60 70 80 90 100 Leakage/Surplus Factor 2017 Leakage/Surplus Factor by Industry Group Automobile Dealers Other Motor Vehicle Dealers Auto Parts,Accessories,and Tire Stores Furniture Stores Home Furnishings Stores Electronics&Appliance Stores Building Material and Supplies Dealers Lawn and Garden Equipment and Supplies Stores Grocery Stores Specialty Food Stores Beer,Wine,and Liquor Stores Health&Personal Care Stores Gasoline Stations Clothing Stores Shoe Stores Jewelry,Luggage,and Leather Goods Stores Book,Periodical,and Music Stores Department Stores(Excluding Leased Depts.) Other General Merchandise Stores Florists Office Supplies,Stationery,and Gift Stores Used Merchandise Stores Other Miscellaneous Store Retailers Electronic Shopping and Mail-Order Houses Vending Machine Operators Direct Selling Establishments Special Food Services Drinking Places(Alcoholic Beverages) Restaurants/Other Eating Places -60 -40 -20 0 20 40 60 80 100 Leakage/Surplus Factor Source:Esri and Infogroup. Esri 2019 Updated Demographics. Esri 2017 Retail Marketplace.Copyright 2019 Esri.Copyright 2017 Infogroup,Inc.All rights reserved. February 18,2020 FLOUR BLUFF ADP BACKGROUND DOCUMENT MARCH 18 , 2021 109 City of Corpus Christi Flour Bluff AREA DEVELOPMENT PLAN Online Community Meeting 3 Online Open House Results Summary April 11 , 2021 ..... FL rlour Bluff Welcome to the Flour Bluff Area Development Plan Online Open House! ' �.ni:• o We Want Your Input! Answer the survey questions to give us your thoughts on the Draft Plan. If you are having trouble viewing the questions,click here to take the online survey. .dlill Flour Bluff AREA DEVELOPMENT PLAN About the Online Open House An online open house was developed to give the community the opportunity to review the March 19, 2021 draft of the Flour Bluff Area Development Plan and provide feedback.It included links to view the draft plan and a survey to provide feedback on each of the plan elements.The online open house was available to the community from March 22,2021 to April 11,2021. This document provides a summary of the feedback received through the online open house.When reviewing the survey results,please note that participants are not required to answer every question, and some questions require multiple responses.The total number of responses may appear less or more than the total number of participants. Screenshot of the Online Open House Hour 81�H Hour BluffWelcome to the Flour Bluff Area Development Plan Ar`aD—lQpnr-t Online Open House! iOn We Want Your Input! Answer the survey questions to give us your thoughts on the Draft Plan. If you are having trouble viewing the questions,click here to take the online survey. Bou-'Bluff Flour Bluff Draft Area Development Plan The City of Corpus Christi is updating the Flour Bluff Area Development Plan.We want your input on the draft plan for Flour Bluff.Please review the Draft Flour Bluff Area 9LRe n:d o ri n 9 s Development Plan and provide feedback by responding to this short survey. Feedback on the draft plan elements can be submitted until the end of the day on April 11th,2021.For more information about this plan,visit the official project website at https://www.cctexas.com/flourblufF. 2 Flour Bluff AREA DEVELOPMENT PLAN Survey Traffic Survey Participation by Date The survey was launched March 22,2021 and closed April 11,2021. Date Participants 22-Mar-2021 2 23-Mar-2021 2 24-Mar-2021 24 25-Mar-2021 18 26-Mar-2021 4 27-Mar-2021 7 28-Mar-2021 6 29-Mar-2021 1 30-Mar-2021 4 31-Mar-2021 1 1-Apr-2021 2 2-Apr-2021 10 3-Apr-2021 4 4-Apr-2021 3 5-Apr-2021 26 6-Apr-2021 5 7-Apr-2021 8 8-Apr-2021 1 9-Apr-2021 5 10-Apr-2021 8 11-Apr-2021 5 Total 146 Survey Participation by Date 30 26 24 25 20 18 15 10 10 7 6 8 8 5 1 0 N M Lf1 l0 r� 00 C 1 O c-I c-I N M Lf1 l0 I� 00 Q1 O c-1 N N N N N N N N M M 3 Flour Bluff AREA DEVELOPMENT PLAN Future Land Use The Future Land Use Map serves as a guide for zoning decisions and influences new development and redevelopment within the City.Please review the Flour Bluff Future Land Use Map then answer the following questions. Do you agree that the Future Land Use Map reflects the vision for growth and development on Flour Bluff? Do you agree that the Future Land Use Response Count Percent Map reflects the vision for growth and Strongly Agree 33 23% development on Flour Bluff? 50% 44% Agree 63 44/0 40% Neither nor Agree 30% 23% g 20 14% 20% 14% 13% Disagree 10% , ■ 5% C Disagree 19 13% Strongly Agree Neither Disagree Strongly Agree Agree nor Disagree Strongly Disagree 7 5% Disagree Total 142 100% Do you have additional comments regarding the Future Land Use Map? Feedback 1 Need to reduce the amount of medium and high density housing. Increase low density. The neighborhoods next to the base in the Dewitt neighborhood and surrounding ones need 2 sidewalks.We have a bunch of kids and elderly around here constantly dogging cars because we have no sidewalks. FB needs a south most access across ranch land to the west(London area)to US Highway 77 and to the east across the Laguna Madre to North Padre Island.This would be in addition to Yorktown Blvd crossing the Cayo del Oso.Bridges from the extension of Flour Bluff Dr,Laguna 3 Shores Dr and Waldron Rd to the south to cross the Barney Davis Power Plant cooling ponds would become an economic engine along the new access of London/North Padre Island connecting boulevard.This would also serve as a secondary escape route for FB and North Padre Island.Also explore a cross agreement between the US Navy and small commercial aviation (joint use)of Waldron Field. I understand that we need not encroach on the NAS however it is unfair to expect all of the affordable housing units in the north bluff will be eliminated.That is a whole lot of green 4 north of SPID.That is a high concentration of mobile and manufactured homes and does not seem like something that can or will be accomplished and if so,where will all of the lower class people have to live?The city does not allow developers to develop manufactured home subdivisions or at least they haven't over the past twenty years. Developers are pushing into the agricultural/rural areas throughout Flour Bluff many of which 5 are now labeled low density on this map.This will have a moderate impact on wildlife diversity. Additionally,the sewer infrastructure is non-existent in these areas and should be considered as a requirement for altering the land use by the city at the cost of associated developers. 4 Flour Bluff AREA DEVELOPMENT PLAN Feedback 6 More permanent open spaces would be beneficial for flood control,preserve wildlife habitat and provide for limited outdoor recreation activities. 7 Need to convert more medium density housing to low density housing. 8 Stop building OMG you money people are destroying the land and community and environment,can't you money crabbing people see this. 9 No 5%of permanent open space is not enough for a well rounded community. Not everyone is capable of going to the beach or go fishing for an outdoor experience.There needs to be more green space.Green space is not wasted space! Emphasis should be given to exceeding 10 expectations and have a more rounded community,rather than have a third of the acreage devoted to residential and the rest to building something that not everyone can appreciate and little to nothing of getting outside space.Green space is a cheap improvement to the Flour Bluff community! 11 Future Land Use,we must continue to keep the small town feel in Flour Bluff and not overcrowd our small town. 12 1 would love to see the continued street improvements as well as improvements to the areas already in existence. I am concerned about high density housing on Laguna Shores Dr. 13 Why had this taken 40 years to start? Disagree with low density only area behind the commercial properties on Flour Bluff Dr 14 close to SPID.That property should be allowed to be high density to increase property race revenues 15 The amount of Low density near SPID is not the best use and restricts the city's potential tax revenues. Multifamily apartments would be a better use for the property. I live in a mobile home park on the base side of flour bluff,how will this plan affect the 16 residents if(when)the park sells?We will need to pay the expenses of moving homes and finding land for those throws of homes.What's the plan for the homeowners in mobile home parks who own the homes and not the land? 17 Disagree with the addition of residential land use. 18 In order to grow we need money.Where is the money going to come from?Also Flour Bluff needs more business land on North side of Flour Bluff Dr.In order to generate more money. 19 The need for higher density land use is apparent with the lack of available land for development. 20 We need parks and Splash pad for wide range of age groups.We need a sidewalk on Waldron road from Flour Bluff Drive to Mediterranean.It is so unsafe having no sidewalks. 21 Hard to tell where things are with not enough names of streets 22 Using Laguna shores without a bulkhead is futile.The area around the water treatment plant should be light residential. 23 Just one thing.Yes things are growing but council has to remember we do still live here not tourists. 24 We would like to see more residential usage of the available land. 25 Flour bluff struggles with drainage. Not much is being kept for flood plain.Look at city records to see how many houses and streets are affected by flooding. 5 Flour Bluff AREA DEVELOPMENT PLAN Feedback 26 1 feel like Yorktown is going to become much more important in the future and so should have more multi family or job land uses. 27 Infrastructure towards electric towards Waldron and Yorktown would be great. It takes forever for the power to be restored. I just hope we will be especially cautious regarding mobile homes not in mobile home 28 parks.They create a problem in property values and the rise of abandoned properties,which become problem properties. 29 We need to allow golf carts/side by side usage on streets.Waldron speed can be lowered to accommodate. 6 Flour Bluff AREA DEVELOPMENT PLAN Vision Themes Through the public engagement process,three vision themes emerged related to residents'desires for the future of Flour Bluff. Please review each of the Vision Themes then answer the following questions. Vision Theme 1 Create safe and healthy neighborhoods that keep the community strong and connected. Vision theme 1 captures my vision for Flour Bluff. ResponseVision theme 1 captures my vision for Strongly Agree 55 44% Flour Bluff. 50% 44% Agree 45 36% 40% 36% Neither Agree nor Disagree 11 9% 9% 7% Disagree 9 7% - Strongly Disagree 4 3% Agree Neither Disagree Strongly Agree nor Disagree Total 124 100% Disagree Do you have additional comments regarding Vision Theme 1? 1 Some side walks are needed and bike lanes. 2 NO 3 The need for more commercial spaces 4 Sidewalks and bike lanes are sorely needed.Very few streets have them. I am saddened every time I see children walking in the ditches to avoid traffic. Add green to the vision since we have so much natural wetlands and environmentally 5 conscience residents. For example, "Create safe and healthy neighborhoods that keep the community strong,connected,and green' 6 Looks interesting and very green...nothing that is a reality for the future or nor current conditions?Where does this vision come from? 7 No We live in a new development in the FB and we are new to CC.Our neighborhood is very quiet 8 BUT,Flour Bluff has a bad reputation,anytime I tell someone I live in FB they look at me and ask why we moved there. 9 No bike lane. In the city its against the law to ride a bike on the sidewalk.Just make a massive sidewalk. 7 Flour Bluff AREA DEVELOPMENT PLAN Feedback While I live here my children transfer into their old school district because the neighborhood just isn't comparable to the old one. I would also like to see less transients,it makes it very 10 nervous to trust my children anywhere when there's so many.A quick trip to the dollar tree and you see at least 1 outburst or get approach.Or NAS-CC could force us out since we are on the base side and if I don't find a place suitable for my mobile home from the park I live in I guess I'd be taking a survey later on another part of the area. 11 Would like public park improvements 12 More patrolling to keep bums out of this area 13 During the late Spring,Summer,and Fall,it's really too hot to be outside. 14 We need parks and Splash pad for wide range of age groups.We need a sidewalk on Waldron road from Flour Bluff Drive to Mediterranean.It is so unsafe having no sidewalks 15 It would be nice but I think our biggest problem with this picture is when school traffic before and after school looks nothing like this. 16 Just got to make it easier for pick up and drop off kids 17 It is going to be hard to have a"safe"and"healthy"community when there are so many homeless people all around. 18 Society is changing with less stores to shop in and more working from home.Good communities to live in is most important. 19 Is there a plan for other intersections in addition to just the one only? 20 Better lighting in neighborhoods. It's dangerous driving at night. 21 This would only work if something is done about vagrants and homeless population. Nobody wants to be out on a family stroll and run into Ralph,or any other unsafe vagrants. 22 Need to have wider roads and sidewalks with bike area as pictured all the way down Flour Bluff Dr,Waldron,and Laguna as well as Yorktown 23 Golf carts need to be added to picture 8 Flour Bluff AREA DEVELOPMENT PLAN Vision Theme 2 Support our local businesses so they can thrive. Vision theme 2 captures my vision for the Flour Bluff. Response Count % Vision theme 2 captures my vision for Flour Bluff. Strongly Agree 45 37% SO% 37% 39% Agree g 48 39% 30% Neither Agree nor Disagree 14 11% 20% 11% 9, 10% 4% Disagree 11 9% C% Strongly Agree Neither Disagree Strongly Strongly Disagree 5 4% Agree Agree nor Disagree Disagree Total 123 1 100% Do you have additional comments regarding Vision Theme 2? 1 Need to do something with abandoned businesses. Knock them down. 2 No 3 Keep new business on the main corridor off SPID. 4 yes to emphasis 'local businesses' Save for the Flour Bluff sign,that is pretty much what it looks like now? Support the local businesses sounds great...I'm sure HEB and Walmart get the vast majority of the local monies 5 spent How does that change,why would you want to from a Corpus Christi as a whole vision, what would it take from everyone living in the Bluff to spend the majority of their money strictly in the Bluff,when does this need to occur and what if it doesn't happen??? 6 No 7 We need more variety of restaurants and shops.When you turn onto Waldron from SPID it looks like a run down part of town that you wouldn't want to live near. 8 While keeping the small town feel. 9 I support cleaning up the eyesore unappealing business fronts 10 I would love to see more local businesses in flour bluff. 11 More patrolling to keep loiterers away from this area. 12 Why is the North side of F.B dark?The North side of F.B is important too. 13 We did not need a Sherwin Williams. FB needs better choices for dining out and shopping. 14 1 do support our local if possible Attracting and supporting proper local businesses that lift and improve the overall 15 community.Not smoke shops,pawn shops,and other trashy businesses (with property filled with debris,old boats,vehicles,etc). 16 The main roads need to be narrower because self driving cars don't need lanes as wide as we have,and we don't need as many lanes. More trees and solar panels 9 Flour Bluff AREA DEVELOPMENT PLAN Feedback 17 Love it.But.Nothing will beautify the Bluff until the issue of vagrants staggering around this area is stopped.They are not homeless!They are drunks,druggies and thieves. 18 Offer incentives like the downtown area in CC for local businesses to thrive. I would like to see more community pride types if signage. For example,the pillars at the Waldron Road and SPID underpass could be painted maroon and white and say Flour Bluff and 19 depict a Hornet,the FBISD mascot.This would be similar to whatTAMUCC has done at Nile and SPID.Also,it would be great to have"Home of the Flour Bluff Hornets" painted on the water tower.Our school has been in existence since 1892,so we're just a little bit proud...just a little it. 20 Support local businesses and limit the same type of businesses from opening,we don't need ANY more storage units!!! 10 Flour Bluff AREA DEVELOPMENT PLAN Vision Theme 3 Protect habitat and wildlife to improve environmental quality of the Laguna Madre and Oso Bay. Vision theme 3 captures my vision for the Flour Bluff. Response Count % Vision theme 3 captures my vision for Flour Bluff. Strongly Agree 82 66% 70, 66% 60% Agree 23 18% 60% 40% Neither Agree nor Disagree 11 9% 20� 1s% 9 10% . 3% 4% Disagree 4 3% o% � — — Strongly Agree Neither Disagree Strongly Strongly Disagree 5 4% Agree Agree nor Disagree Disagree Total 125 1 100% Do you have additional comments regarding Vision Theme 3? We already do a greatjob on this in the bluff.We don't have a lot of problems with trash in the 1 laguna and there is lots of places to fish and enjoy a sunset.Access to these could be made easier but I think we take care of the laguna pretty well over here. 2 No 3 The Laguna Madre could be a huge tourist draw for bird watching if only it was more accessible with parking and viewing areas on Laguna Shores Drive. 4 You are doing the total opposite of protecting the habitat and you don't care whatsoever,you are only interested in making your pockets bigger.shame on you The City should do everything in its power and then some to ensure the upper Laguna Madre 5 and Corpus Christi Bay is protected to beyond EPA standards.Corpus Christi should be setting an example on how to protect the environment. It's not hard...just takes a commitment to excellence-for once in the City's life! 6 In vision theme#3 1 don't see a raised portion of the walkway that would allow motorboats to navigate from one side of the walkway to the other. 7 The City needs to own Redhead Pond.TPWD has not maintained this wildlife management area and it is not accessible to the public 8 Great 40 years ago even better now 9 This vision also needs credit as an economic development vision, because it will be a boon to tourism and real estate. 10 Love the walking path,park and joining of the 2 parks. I come from a very active outdoor community and I would like to see those things offered in Flour Bluff as well.Unless I'm forced to different parts of the coastal bend because the land I 11 rent for my mobile home gets sold and I no longer can place a mobile in the bluff because I can't find suitable land with a mobile on it to move or that's been there less than 12 months per"grandfather"guidelines then I guess I wouldn't benefit would I? 12 1 agree with all of these visions,and I think we can have it all,in balance. 11 Flour Bluff AREA DEVELOPMENT PLAN Feedback 13 Better patrolling to make sure homeless don't take over these areas. 14 Unless this walkway is really tall it will block small boats from key fishing points.Also the tides and white capping will destroy it. 15 Make the Oso area more aesthetically pleasing,add sidewalks and walking bridge so people can safely visit the area. 16 We need to protect the night resting sites of the Sandhill Cranes in the Oso. 17 Protect it in a manner that still allows us to go see and enjoy it Realistically I don't think people will actually swim in the Oso.We would be better served to 18 have a couple of fishing piers instead.The turn around is always flooded with people fishing off the bank. Yes,for protecting and improving amenities for our Laguna Madre related assets.The proposed bridge over the Oso seems like an extremely low priority relative to all of the other 19 things that our community should be focusing its limited resources on. How many people are going to spend their recreational time enjoying time on the Oso that is a dark brown mucky body of water that smells? 20 This trestle is a road to nowhere and may never be a reality. Parker Park should have been highlighted in this plan. It a historical landmark. What makes for good habitat isn't always what attracts the tourists. Balancing that is tricky, 21 especially if you are trying to provide enough cushion for the habitat to be able to absorb major damage from a hurricane or two. 22 Beautiful This rendering is beautiful and captures a dream so many of us have had for the Oso trestle 23 bridge.We have a very active group working with the city to get grants to get this project started. 24 The pedestrian bridge will be amazing! Please make sure that there is enough area for fishing spots that do not obstruct the walking/bike area. 25 The bridge pedestrian project will be amazing! Please make sure that you give enough space for fishing areas as it will be a high demand. 26 Allowing golf carts 12 Flour Bluff AREA DEVELOPMENT PLAN Policy Initiatives and Strategic Action Items To implement the community's vision,the plan includes four policy initiatives and detailed action items identified by residents during the community engagement process. Please review the Policy Initiatives and Strategic Action Items then answer the following questions. Policy Initiative 1 Provide stormwater management solutions to help flood-prone areas and enhance natural recreation assets. Rate Policy Initiative 1 by level of importance. Rate Policy Initiative 1 by level of Responseimportance. Very Important 57 58% 70% ss% 60% Important 35 36% 40� 36% Somewhat Important 6 6% 30 0 10% 6% Ur. Not Important 0 0/0 0% � Total 98 100% very Important Important somewhat Not Import,, Important Are any action items missing from Policy Initiative 1? Feedback 1 I Keeping trash out of bay by stormwater drains Storm water management is huge issue here in the bluff especially on laguna shores.I'd 2 rather see that be the major concentration over worrying about the environment.Why spend millions making it"eco friendly"when all people want is so there houses and roads don't flood. 3 No 4 Voluntary compliance rarely work,but mandatory actions often do...this is too important of an issue not to take seriously. 5 No 6 Hopefully the city will make FB a place CC residence want to live. 7 Is this a joke,should of happened in 1960 There are many low lying streets and areas in F.B that need attention.Some of the most 8 important are along Laguna Shores.A bulkhead needs to be built along the Laguna Madre to insure no flooding along Laguna Shores or around the sewer treatment plant,park,and pier. 9 Ive been in my home over 25yrs and waldron never flooded until the street was lowered and redone now it floods everytime it rains.The problem was made worse Making the stormwater and other related systems be able to withstand a strong storm, 10 because we know we will get at least one hitting us in the next 10 years.Make them strong tengh. 11 't know if it's feasible,but enhancement of Mud Bridge to accommodate safe fishing would be good. 13 Flour Bluff AREA DEVELOPMENT PLAN Are there action items in Policy Initiative 1 that are most important to pursue? 1 Flooding 2 Stop the flooding over everything else. 3 The drainage plan is most important to me. 4 Flooding 5 Wastewater and stormwater management are very important to improve and appropriately maintain in the future. 6 limit non-porous ground cover 7 No 1.5 "...work with Federal and State agencies to use,where feasible and environmentally 8 beneficial..."these folks have the expertise and the authority to ensure compliance and a positive outcome. 9 Create hike and bike pathway throughout Flour Bluff and connect over Oso Bay through Holly Road There are a lot of street improvements already in place however, Mediterranean and Caribbean 10 are being heavily utilized now that Laguna Shores is finally getting an upgrade.I believe those streets need to be replace before the 5-10 year look ahead. 11 Sidewalk not ditches 12 Development of the rail trestle.This would be great for real estate,business,recreation,and tourism! Many birds with one stone. 13 If you build fancy drainage system please maintain them 14 Yes a bulkhead. 15 Flooding problems. 16 Not letting people rebuild in areas that we know will get major floods. Duh. 17 1.6.2 The Oso hike and bike trail is one that has garnered lots of support from individuals, 18 businesses,schools,environmental groups,and governmental agencies. It was in the 1992 FBADR but no one moved on it.It could be the one project that puts Flour Bluff on the great spots to visit map. 14 Flour Bluff AREA DEVELOPMENT PLAN Policy Initiative 2 Create equitable opportunities for all Flour Bluff residents. Rate Policy Initiative 2 by level of importance. Rate Policy Initiative 2 by level of Response r importance. Very Important 32 32% nor 32% 37% Important 37 37% 30% 21% Somewhat Important 21 21% 20r 9% 1 ■Not Important 9 9% 0 or — Total 99 100% Very Important Important Somewhat Not Important Important Are any action items missing from Policy Initiative 2? 7serious problem when it comes to this is not lack of housing for the homeless, it's lack of ealth services. If you work or live in the bluff you realize most of these homeless have 1 ental health problems.They need to be transferred to a place that can help them and not just left on the streets for us to have to deal with.Building cheap housing won't fix this and neither will be adding to Timmons ministries.All that does is attract more of them over here. 2 Way too vague. Not actionable. There is always going to be those that live on the edges of society,try to help those you can 3 but it is too great of a problem to fix.Do what you can to address these issues but you can not win every battle. 4 No 5 There good and bad,the bad wanna stay that way. Even if help is given. The homeless want to be homeless.There are several HUD housing apartment complexes 6 in F.B.Timon Ministries also helps the homeless with a free meal everyday.Quit giving out so much free stuff and the homeless will find somewhere else to go.Quit catering to the homeless. 7 Programs to incentivize local real estate investors/flippers to create affordable housing. 8 How much more diverse can the bluff get in housing? One street is low income and the one next to it is affluent and adjacent to that street is an RV park. 9 Address homelessness. It is as bad as it has ever been. Opportunities can't be equitable. Equity in is judged by OUTCOMES and very specifically 10 means that opportunities are not equitable so that the disadvantaged end up with equal results. This is the top reason preventing certain businesses from coming to the area is the 11 homelessness issue. It is very important to develop this so they have a place to go and businesses feel safe opening. 12 Tired of all the vagrants in fb.When parker park was resin I tried to take my child but too many vagrants having around sleeping on the nice new benches 13 1 Golf carts 15 Flour Bluff AREA DEVELOPMENT PLAN Are there action items in Policy Initiative 2 that are most important to pursue? 1 Deal with the mental issues of the homeless before you waste money building more low income housing that you have to stay poor to afford. Attention to families and children should come first.The vast majority of us are a product 2 of our upbringing. Do what we can for those that will accept it and use it to improve their situation but you have to limit the time and resources to those goals that are achievable. 3 No This is a combination of 2 and 3,but I don't see it listed anywhere to create a bicycle/ wheelchair/pedestrian bridge over SPID. I see people running or cycling across SPID between 4 Waldron and Flour Bluff Drive way too often.They're coming from the low socioeconomic areas on the north side of the highway to the businesses on the south side. It's so dangerous. 1-37 has a pedestrian bridge,and SPID could truly use one here. 5 Move the Homeless out. 6 No 7 Keeping vagrants away.They can quickly grow in numbers and I must say theft has decreased with the added police cruisers. 8 Real,swear to god,equitable outcomes. 9 12.4 10 1 Housing that is affordable for young families and the working poor. 16 Flour Bluff AREA DEVELOPMENT PLAN Policy Initiative 3 Improve roadway conditions and connect the community through alternative transportation options. Rate Policy Initiative 3 by level of importance. Rate Policy Initiative 3 by level of Response r importance. Very Important 56 57% 60% 57% 50% Important 31 31% 40% 31% 30% Somewhat Important 10 10% 20% 10% Not Important 2 20�o for - 2, of — Total 99 100% Very Important Important Somewhat Not Important Important Are any action items missing from Policy Initiative 3? Feedback 1 Speed bumps or more police patrol to stop speeders 2 Fix the roads.Overpriced fancy public transportation never get used.There is no need for it. 3 More bike path for foot traffic Yes!!!We need sidewalks in the neighborhoods outside of the base in the Dewitt 4 neighborhood and surrounding areas.We have a bunch of families with kids over here as well as wheel chair bound people.We need sidewalks so the kids and elderly aren't dodging cars. 5 A circulating bus route from SPID down Flour Bluff Dr to Yorktown,back up Waldron Rd to SPID --or somehow that makes sense. 6 All NEW construction should have sidewalks of sufficient width.Not the old style ones that barely can two people walk. 7 The use of new public transportation methods will be very costly and will not be used enough to justify the cost. Keep the roads in good condition. 8 No 9 Throw Graham Rd.in there as well as it relates to the sidewalk connections. This is a combination of 2 and 3,but I don't see it listed anywhere to create a bicycle/ wheelchair/pedestrian bridge over SPID. I see people running or cycling across SPID between 10 Waldron and Flour Bluff Drive way too often.They're coming from the low socioeconomic areas on the north side of the highway to the businesses on the south side. It's so dangerous. 1-37 has a pedestrian bridge,and SPID could truly use one here. 11 The concrete side walks from Don Patricio to SPID are great and need to be extended at least to Purdue Rd. So tjust stop with Flour Bluff fix the pot holes and streets in all of Corpus particularly Holly 12 Between Ayers and Greenwood those poor people ruin,absolutely ruin their cars getting out of their neighborhood and home. 13 Please add a sidewalk to the block of Graham road where Parker Pool is,for more accessibility to the pool and playground. 14 Yes. 15 Need to figure our the school traffic problems 17 Flour Bluff AREA DEVELOPMENT PLAN Feedback Make our roads safe for bicyclists.The steep ditches and no shoulders mean that bicyclists 16 must use a lane of traffic with no option to get out of the way of speeding cars.It is terribly dangerous to ride a bike in Flour Bluff-like on Flour Bluff drive between Glenoak and Yorktown 17 It isn't about how fast we can move,it's how long it takes to get where we're going. If we don't need to go to the mainland for things then we meet that goal easier. 18 1 Allowing golf carts Are there action items in Policy Initiative 3 that are most important to pursue? 1 Everyone needs sidewalks,not just the nice looking neighborhoods that make y'all feel nice. 2 Fixing roads throughout Flour Bluff.Quality control to improve completed work by contractors. 3 Connect Flour Bluff Drive to Waldron to Laguna Shores Road as well as it relates to a sidewalk/ bike/hike system. 4 No 5 Alternative transportation is better roads that 2 cars can pass at same time. 6 No The streets off Yorktown are terrible.Clearview,Lynda Lee,Jamaica,Sweet Bay,Alisa Ann and 7 more are pure potholes that the city puts asphalt in and 3 months later they are potholes again. 8 Safe side walks and bicycle paths to the ISD from all points of Flour Bluff Getting paper streets developed will open up opportunities to make a more connected 9 community as well as affordable housing opportunities on land that can't currently be developed because of a lack of access.These items should be moved to short term. 10 SIDEWALKS AND BIKE TRAILS! cant get anywhere from Yorktown be there arent sidewalks or safe bike paths.What kind of city doesnt put sidewalks in? Expansion and improvement of Yorktown from the Mud Bridge to Waldron.This is not only 11 a critical safety issue, but also needed for an improved evacuation means for Flour Bluff residents. A transportation system that doesn't freaking kill people. How is it ok that so many people die 12 just trying to go some place?Why, if you kill someone with a car is it an accident,but if you do it,literally any other way,it's manslaughter? 13 3.7 14 3.7 should be at the top. 18 Flour Bluff AREA DEVELOPMENT PLAN Policy Initiative 4 Foster Flour Bluff community pride. Rate Policy Initiative 4 by level of importance. Response Count % Rate Policy Initiative 4 by level of importance. Very Important 33 33% 50, 43% Important 43 43% 40' 33% 30;6 Somewhat Important 1 18 18% 1 20% 18% Not Important 5 5% 10 , Total 99 100% Very Important mportant Somewhat Not lmporta- Important Are any action items missing from Policy Initiative 4? Feedback 1 Waste of money when many streets in flour bluff still do not have sidewalks.Let's concentrate on stuff that will actually help and notjust put paint on a turd. 2 Clean up and beautify NAS it is embarrassing that the approach to the base is an eyesore for those that come from out of state to the base and the RV park at the end of Skipper St. 3 No 4 The city needs to enforce the code restrictions already in place and make residents clean up their yards. 5 A Litter Critter in the right location would be nice. 6 Paint the water tower with to promote and show flour bluff pride. 7 1 would love to see a farmers market to allow local businesses the opportunity to get their names out there. I'd rather buy local 8 1 would love to see Parker Pool more recognized as a resource for teaching Flour Bluff kids to swim,an essential life skill for any kids growing up surrounded by water. 9 No 10 Creating a"city center"where local retail and food industries bring the community together. Something along the lines of the Pearl in San Antonio. 11 More trees and distributed electrical generation. Kiosks with historical information could be added to parks.Flour Bluff has a rich history,one 12 that has created a Flour Bluff attitude among those past and present who have lived and attended school here. 13 Golf carts 19 Flour Bluff AREA DEVELOPMENT PLAN Are there action items in Policy Initiative 4 that are most important to pursue? 7No money better spent on sidewalks. Parker Park was once a great place to play tennis in the Spring.The pool was a great place for 4 the kids to get cool.The Ethel Eyerly senior center is very nice. Flour Bluff is the gateway to the island. I have always said the roadways need to be improved and more lighting also. Underground electric and better parks/playgrounds. Putting in another skate park?Why?That only hits a minimal portion of the population.Give all kids of all ages something they can 5 enjoy.My kids arent skaters.They want playgrounds and fitness playgrounds.Take a look at the park in Rockport. Its fantastic. 6 Tree City USA! 7 4.7.3 and 4.7.4 20 Flour Bluff AREA DEVELOPMENT PLAN General Do you have additional comments about the Policy Initiatives and Action Items? Feedback 1 Need ordinances to prevent junk,old cars and general poor yard maintenance. 2 Sidewalks in the poorer neighborhoods and not just the others. 3 Connect,green up,spruce up, repair infrastructure and protect the environment would be the best things for the Flour Bluff community. 4 1 can't wait to see what the City has done to Laguna Shores. Hopefully with the upgrades to Laguna Shores it will get rid of the Sargassum smells 5 No 6 Monument street structures are not necessary. Keep the RV areas on the beach. 7 Paper streets need to be moved to the short term goals list.The development of these streets will foster a boom in available and affordable housing for the area. I'll believe all this when I see it. I know FB drive will get redone in 6 months with crappy 8 patchwork and unlevel pavement.Hire people that make flat roads that dont have to be redone every 6 months. 9 Where is the enforcement of land use plans?What percent of rezonings get approved? It feels like is should be very few, like 25%, but when I look it seems like 99%. 21 Flour Bluff AREA DEVELOPMENT PLAN Public Investment Initiatives Public investment projects support the implementation of the Flour Bluff community's vision and goals.Some identified projects are currently planned capital improvements by the City.Others are proposed projects for implementation based on feedback from the community.The public investment projects are divided into three timeframes: • Short-Term (Next 5 Years) • Mid-Term (6-10 Years) • Long-Term (More Than 10 Years) Please review the Public Investment Initiatives then answer the following questions. Short-Term Select the top 5 short-term projects in ranking order from 1 to 5,with 1 being the highest priority. # Project Name 1 st 2nd 3rd 4th 5th Total Percent P5 Oso Bay Trestle Bridge Hike&Bike 17 6 10 4 6 43 11% Design P6 Oso Bay Hike&Bike Trail Phase 1 7 15 4 6 6 38 10% P3 Parker Park Covered Basketball 8 2 6 3 5 24 6% Court& Improvements P4 Wranosky Park Skatepark 3 6 5 3 5 22 6% Improvements Glenoak Drive Reconstruction + S6 Bike Mobility(Flour Bluff Dr.to 4 5 5 4 3 21 6% Waldron Rd.) P1 Dimmit Pier Improvements 1 01 1 1 51 41 61 16 4% S9 Yorktown Mud Bridge Evaluation 4 3 1 4 3 15 4% U7 Glenoak Stormwater 2 3 3 3 3 14 4% Improvements S2 Laguna Shores Phase 2 (Hustlin' 1 6 4 2 1 14 4% Hornet Dr.to Caribbean Dr.) P8 Laguna Shores Living Shoreline 1 3 4 2 4 14 4% S1 Laguna Shores Phase 1 (SPID to 5 3 2 2 1 13 3% Graham Rd.) S4 Waldron Road Improvements 3 3 3 3 1 13 3% (SPID to Purdue Rd.) P7 Red Head Pond Wetlands 2 2 2 5 2 13 3% Enhancement U5 Laguna Madre Wastewater 4 0 3 4 1 12 3% Treatment Plant Improvements P2 Retta Park Improvements 1 3 2 2 5 0 12 3% 22 Flour Bluff AREA DEVELOPMENT PLAN # Project Name 1 st 2nd 3rd 4th 5th Total Percent S7 Flour Bluff Dr.(Don Patricio Rd.to 1 3 2 1 5 12 3% Glenoak Dr.) S5 Waldron Road Improvements 2 3 3 2 1 11 3% (Purdue Rd.to Glenoak Dr.) U2 Elevated Water Storage Tank 2 2 2 2 3 11 1 3% U6 Lift Station Repairs(Waldron, 3 0 2 1 3 9 2% Purdue, Laguna Shores,Jester) Laguna Shores Phase 3 S3 (Mediterranean Dr.to Wyndale 1 1 2 5 0 9 2% St.) U3 Flour Bluff Dr.Water Line 1 2 1 1 3 8 2% (complete) Caribbean Dr. Reconstruction. S8 (Waldron Rd.to Laguna Shores 1 1 2 1 2 7 2% Dr.) U8 Don Patricio Drainage Study 1 0 1 0 4 6 2% U1 Naval Base Utility Line 0 1 0 2 2 5 1% Improvements S13 Don Patricio Rehabilitation 2 0 1 0 0 3 1% U4 Laguna Shores Road Force Main 1 0 1 1 0 3 1% Replacement(complete) S10 Hustlin Hornet Rehabilitation 1 1 0 0 0 2 1% S15 Laguna Estates Subdivision Street 0 1 0 0 1 2 1% Rehablitation S12 Micah St. Rehabilitation 0 1 0 0 0 1 0% S11 Saxony Dr. Rehabilitation 0 0 0 1 0 1 0% S14 Seafoam Dr. 0 0 0 1 0 1 0% S16 Years 3-5 IMP 0 0 0 0 0 0 00% Total 80 76 76 72 71 375 100 0 23 Flour Bluff AREA DEVELOPMENT PLAN Are any projects missing from the short-term projects list? Feedback 1 You need bike lanes and sidewalks 2 Yes.Sidewalks in the Dewitt and surrounding neighborhoods.We have lots of families with kids and disabled elderly that are in wheel chairs.This needs to be a priority. 3 Caribbean Rd.repair from Waldron to Roscher,Ramfield Rd widening and repair from Waldron to Roscher. 4 Waldron Park is much more enjoyable to families than Retta Park.Waldon Park has much more to offer and should be on this list. 5 S21,S22,S23,and S26 from the mid-term should be accelerated. 6 Sidewalks/Bike Paths completely along Flour Bluff drive.All the way to Yorktown. 7 A LOT 8 Mediterranean needs to be moved up on the list of projects!The Laguna Shores project is already underway. Why is it listed again? 9 Graham road desperately needs to be fixed.The police use it as well as many residents and it's a Segway to the main roads. 10 Yes,finish the 2020 bond for curbs,gutters and sidewalks,from Jester,to Skipper, includes, Valerie,Marzbacker,and Carletta. 11 Paper Streets development 12 Don't see fixing from Caribbean to Yorktown or any of Yorktown 13 Comprehensive life cycle evaluation of infrastructure investment needs in Flour Bluff.Making the schools better.While the teaching and buildings are the ISD,the streets and adjacent facilities can make a big difference.The library,adjacent parks,and streets and sidewalks should be a short term priority. 14 Glen Oak,from Waldron to Debra. Need sidewalk for kids walking to/from school 15 We would love to see some benches between the play structures at Parker Park.There is only two benches and both are not close enough for multiple families to be able to sit and watch their children play and be close to them in case something were to happen. 16 There needs to be a sidewalk between Caribbean Dr.and Mediterranean St. People have to walk on stickers,in dirt or on the street itself. Needed pretty bad for kids going to school. 24 Flour Bluff AREA DEVELOPMENT PLAN Should any proposed short-term projects move to a different timeframe?(ex.mid-or long-term) Feedback 1 Infrastructure should come first...the city is already in trouble over wastewater discharge, the roads are a disgrace...and everything else city should be mid-term...there should be very few long term projects unless that is how funding works out(if seeking significant external funding). 2 Almost everything was at least a 3. 3 No 4 Any new park/trail should be delayed until current parks and trails are improved 5 Yes,all park improvements. 6 Expedite Mud Bridge expansion evaluation so it can dovetail with a Yorktown expansion plan. 7 Mud bridge to 1-5 years. 8 Trestle bridge hike and bike design. 9 The Oso trestle bridge project should be moved into the 1-5 year range. Do you have additional comments regarding the proposed short-term projects? 1 7Dimmit pier is a waste of money they tear it up all the time. During the day the park is used by e having sex,drug deals and to dump animals.The police need to patrol the park more 2 The Oso Bay trestle bridge will be a huge benefit for real estate and development as well as recreation -I am glad to see it on the short-term list! 3 No 4 There is so much potential and interest in expanding the Wranosky skatepark. It's is always busy but cannot safely accommodate more that 2-3 skaters at a time. Flour Bluff should have a full sized skatepark including pools and bowls for different ability levels from beginner to expert.A well designed skatepark will not only provide a safe place for local Flour Bluff kids to skate but would also attract visitors from across the state. 5 Ranking these,without the benefit/cost analysis and total project cost of each,with available funding,is futile and leads only to conflict between neighbor factions. 6 Parker Park should really be done nicely with sand volleyball,more play areas,expanding the skate park at wranosky.We have a great park and need to improve it a lot.Corpus really lacks in neighborhood parks areas compared to other cities so this is a big place to really do well. 25 Flour Bluff AREA DEVELOPMENT PLAN Mid-Term Select the top 3 mid-term projects in ranking order from 1 to 3,with 1 being the highest priority. # Project Name 1 st 2nd 3rd Total Percent P12 Oso Bay Trestle Bridge Construction 18 4 4 26 12% S26 Flour Bluff Dr.Improvements+ Bike Mobility 8 6 10 24 11% (Glenoak Dr.to Yorktown Blvd.) S22 Yorktown Blvd. (Mud Bridge to Flour Bluff Dr.) 5 11 7 23 11 S23 Yorktown Blvd. (Flour Bluff Dr.to Waldron Rd.) 4 8 10 22 10% P10 Ethel Eyerly Senior Center Improvements 11 2 5 18 8% S21 Yorktown Blvd Mud Bridge 8 7 3 18 8% U9 Laguna Madre Wastewater Treatment Plant 5 5 8 18 8% Improvements P9 Non-motorized boat launches 3 5 8 16 7% P11 Laguna Madre/ Dimmit Pier Trails Design 3 7 2 12 6% S27 Graham Rd. Improvements+ Bike Mobility 4 4 3 11 5% S24 Yorktown Blvd. (Waldron Rd.to Laguna Shores 4 2 4 10 5% Dr.) S25 Waldron Rd. Improvements(Caribbean Dr.to 1 5 2 8 4% Yorktown Blvd.) S17 Paper Streets-(Don Patricio Rd.to Division Rd.) 1 0 2 3 1% S20 Mediterranean Dr. Improvements 0 1 2 3 1% S18 Dove Lane Paper Street 1 1 0 2 1% S28 Meeks Road Reconstruction (IMP-Eligible project) 0 0 1 1 0% S19 Division Rd. Improvements 0 0 0 0 0% Total 76 68 71 215 100% Are any projects missing from the mid-term projects list? Feedback 1 A LOT 2 Making the Bluff more storm resistant and survivable.A long term funding program so we can see all of the projects get built.Otherwise these arejust a dream. Educating everyone what things cost to build and maintain should be taught in the schools and brought home to the parents. 26 Flour Bluff AREA DEVELOPMENT PLAN Should any proposed mid-term projects move to a different timeframe?(ex.short-or long-term) Feedback 1 The water treatment improvements should be moved up to short term.The bluff always has it the worst when it comes to water boils. 2 S21,S22,S23,and S26 from the mid-term should be accelerated. 3 They all should be short term! 4 Move S27 to short. 5 No 6 Yes,all paper street developments should be moved to short term. 7 We need sidewalks and bike paths from glenoak-waldron and glenoak-FB drive to yorktown and all of laguna shores YESTERYEAR! 8 Making the schools better.While the teaching and buildings are the ISD,the streets and adjacent facilities can make a big difference.The library,adjacent parks,and streets and sidewalks should be a short term priority. 9 S17 should be moved to the bottom.It will be very difficult to pull off.Plus,the Don Patricio area can not handle any more subdivisions until the drainage issues are fixed. Do you have additional comments regarding the proposed mid-term projects? 7Noshould all have circular walking paths and shade cover. are a waste of money,they aren't used in town,this isn't a cycling city. 4 In order to put trails by the Dimmit fishing pier you will need a bulkhead as during a hurricane (Hanna and Harvey)the area floods.The current rebuild of the pier should have been made of concrete! 5 The city should not be responsible for funding the improvements to"paper streets':The owners of this properties acquired those properties in their current conditions and therefore paid a commensurate price for those.The owners can't expect the city to now foot the bill to fund the subpar conditions of those streets,etc......the owners bought those with their eyes wide open. 6 1 feel like not all the short term projects will get done even in the midterm so these are really just to pacify the loud complainers. 27 Flour Bluff AREA DEVELOPMENT PLAN Long-Term Select the 1 project you believe is the highest priority. P15 Laguna Shores Hike&Bike Trail 22 19 9 50 r 24% P16 Drainage Channel Hike&Bike Trail (Glenoak Dr.to 12 10 12 34 17% Laguna Shores) P13 Dimmit ParkTrail System 12 7 9 28 14% P14 Laguna Madre Living Shoreline(GLO project) 1 81 91 91 26 13% P17 Drainage Channel Hike&Bike Trail (Parker Park to 3 9 12 24 12% Laguna Shores) S29 Debra Ln./Jamaica St.-Street,Stormwater,& 9 3 10 22 11% Pedestrian Improvements+ Extension S30 Division Rd. Improvements+ Bike Mobility 6 10 6 22 11% Total 1 72 671 67 206 100% Are any projects missing from the long-term projects list? Feedback 1 shame on you people 2 Making the schools better.While the teaching and buildings are the ISD,the streets and adjacent facilities can make a big difference.The library,adjacent parks,and streets and sidewalks should be a short term priority. Should any proposed long-term projects move to a different timeframe?(ex.short-or mid-term) Feedback 1 No 2 Yes the pedestrian and storm drainage improvements for Wagner Lee to Holland drive should be in phase#1. 3 Sidewalks,pedestrian paths and bike trails need to be short term. 4 The living shoreline should be short term 5 S29 Do you have additional comments regarding the proposed long-term projects? Feedback 1 No 2 Who is funding this? 3 It doesn't seem like any of the foreseeable changes in our society are being planned for. 28 Flour Bluff AREA DEVELOPMENT PLAN General How much do you support adoption of the Flour Bluff Area Development Plan? How much do you support adoption of Response Count % the Flour Bluff Area Development Plan? Very Supportive 38 51% 60% 51% - Supportive 1 27 36% 40% 36% Somewhat Supportive 8 11% 20% ' 11% - Not Supportive 2 3% o% 3% - Total 75 100% VerySupportive Supportive Somewhat Not Supportive Supportive Which best describes you?(Optional) Response Count % Which best describes you? (Optional) 60% 46% I live and work in Flour 32 38% 40% 38% Bluff 30% I live in Flour Bluff but 39 46% 20%10% 0% s% 4% 7% work elsewhere 0% M I live and I live in I live in I live in I work in I do not I live in Flour Bluff part- 0 0% work in Flour Bluff Flour Bluff Flour Bluff Flour Bluff live or time Flour Bluff but work part-time and am but live work in elsewhere not elsewhere Flour Bluff I live in Flour Bluff and am 4 5% employed not employed I work in Flour Bluff but 3 4% live elsewhere I do not live or work in 6 7% Flour Bluff Total 84 100% What is your gender?(Optional) What is your gender? (Optional) Response Male 41 50% Female 41 50% Total 82 100% Female,so% Male,so% 29 Flour Bluff AREA DEVELOPMENT PLAN What is your age?(Optional) Response Count % What is your age? (Optional) Under 18 0 0% 35% 30 18-24 1 1% 30% 25% 21% 20% 25-34 12 15% 20% 15% 14% 15% 24 30% 35-44 10% ' 45-54 17 21% 5% 0% 1% o% 55-64 16 20% Under 18 18-24 25-34 35-44 45-54 55-64 65 and Over 65 and Over 11 14% Total 81 1 100% What is your race?(Optional) Response Count % What is your race? (Optional) 100% 85 White 60 85% 80% Black or African American 0 0% 6040% 20% 13% American Indian or Alaska 1 1% 0% 1o% 1% 1% o% M Native White Blackor American Asian Native Two or 0 African Indian or Hawaiian More Asian 1 1% American Alaska or Other Races Native Pacific Native Hawaiian or Other 0 0% Islander Pacific Islander Two or More Races 9 13% Total 71 100% Are you of Hispanic or Latino Origin?(Optional) Response Count % Are you of Hispanic or Latino Origin? (Optional) Yes 18 25% No 53 75% Yes,25% Total 1 71 1 100% No,75% 30 Flour Bluff AREA DEVELOPMENT PLAN Do you have any other thoughts or comments you want to share about the Flour Bluff Area Development Plan? Feedback 1 We need to clean up the neighborhood.Closed businesses and residents yards. 2 Recreational use of cannabis Sidewalks have to the priority in the bluff before we do much else.We have people constantly 3 walking in the streets over here because they have no where else to go.This is dangerous for children as well as the elderly trying to get to bus stops. FB,in the north/south direction,is a dead-end community. It needs north/south recreational 4 landmarks and commercial destinations with good roads that go"places."There's much more to be said about this futuristic idea! 5 Please address the growing homeless population in Flour Bluff 6 Do not procrastinate...get it done! 7 No 8 It's very important we do not overcrowded our town.As we develop, let's keep the country rural area feel in our town. I believe Flour Bluff is an up and coming area.The citizens that live there need to be 9 responsible for the upkeep of their yards. I would like to see monitoring of Laguna Shores road once completed. IT seems to be a dumping ground for tires,couches,and junk. I fully support making Flour Bluff a place to be proud to call home I just hope when NAS-CC 10 takes the mobile home park I love and live in there's consideration for the people who own homes that will have to make arrangements to move those homes and purchase land. 11 More street lights in residential neighborhoods (Vialoux Dr) 12 No 13 Very excited about this plan and looking forward to seeing it implemented 14 PLEASE put this web page on TV. I was unaware of this and so were several of my friends.The 5 P.M.news would be great! Even the 12:00 news would be fine.I have lived in F.B for 40 years. 15 Paper street development needs to be a much higher priority. Sidewalks sidewalks sidewalks.All-age playgrounds please. I hope the bidder that is agreed 16 upon does quality work and not some half-***job making the neighborhood a mess and needing to be redone over and over. 17 Having to take and pick up from the schools,a plan needs to be figured out to help with traffic. Going from high school to Purdue it takes 30 minutes. 18 Just remember we still live here don't raise the property taxes for all this 19 This should be revisited regularly,and used in the schools. 20 Repair Don Patricio between Flour Bluff Dr.&Waldron.Add street lights all the way down Flour Bluff Dr. 21 Finish the projects before I have grandkids so they can enjoy visiting their grandparents. 22 These are all good ideas,but Flour Bluff will continue to be unsafe at parks,etc.....with current homeless population. 31 Flour Bluff AREA DEVELOPMENT PLAN Feedback 23 Flour Bluff is a community ready to happen.The citizens are biting at the bit to see it become the best it can be. We need to have a dedicated mowing,edging and weed-eating team that also cleans up 24 litter.We need to mow all fields down to prevent homeless encampments.We need to get the homeless off the streets. Online Open House Comments Participants were asked to share any additional thoughts or input on the online open house website.The following is the feedback received. Feedback What happen to those of us who only in the last couple of years bought a brand new house in this Aviation zone??All this stuff about improving the bluff I was excited about but now it 1 appears I'm going to be kicked out? Is the government going to buy this land? I bought this as an invest since the property values are on good climb. Now your taking my investment? (03/25/2021) 2 Making a groove in gutters will not improve flooding.(03/25/2021) Corpus Christi needs to offer multi-family housing in Flour Bluff targeted to Navy personnel. The Navy is moving from on-base quarters to off-base housing in the private sector.NAS CC 3 will undoubtedly be considered in the future for base realignment/base closings,and lack of good,close housing for its personnel could put the base on the chopping block.(04/02/2021) 4 Focus on the needs for Navy personnel assigned to NAS CC. (04/02/2021) Adequate housing in FB for Navy personnel is top priority to ensure viability of NAS CC when 5 base realignment/base closure measures are taken under consideration. (04/02/2021) 6 Please make street repairs a priority as well as installing sidewalks. (04/03/2021) The picture is beautiful,but,having lived in Flour bluff for OVER 40 years,I believe it is "a Pipe- ? Dreams Christi treats Flour Bluff like an UNWANTED Step Child.(04/05/2021) 1 would love to see the tennis courts at Parker Park resurfaced.On a summer night especially the courts will fill up quickly with seasoned players and lots of beginners.You will see Church groups out there with a group of young people learning to play.The structure is already there 8 it needs repairs! Please consider this in addition to your basketball court work. I honestly see more tennis players out there than basketball players. [Personal Information Redacted] (04/07/2021) Do not start any project you can not finish.Corpus has been the same for 30 years. I came back to care for my Mom and it is worst than when I left.Streets are so messed up,downtown has no businesses like in other cities have developed apartments with shops that people would be able to stroll and enjoy music as well. It's like city leaders have not gone to other cities to see how they have evolved.The bay front should be filled with restaurants and music 9 venues. It's like the only attraction is Selena statue,cemetery and the beach.There are no fancy resort type hotels in Corpus. I could go on and on.Oh and let's not forget there are no police patrolling neighborhoods like when I was a kid,the police officer who patrolled our neighborhood knew all of my 8 siblings.There are drug dealers almost at every corner!!!! (04/10/2021) 32 �pUS C °° , Ili off' y 11 ,a AGENDA MEMORANDUM NCOAp 0 P p9E0 1852 Action Item for the City Council Meeting of June 15, 2021 DATE: June 15, 2021 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services JeffreyE(a)-cctexas.com (361) 826-3851 Sarah Munoz, P.E., Interim Director of Parks & Recreation Sarah m3(a-)-cctexas.com (361) 826-3433 Heather Hurlbert, Director of Finance & Business Analysis heatherh3(a)-cctexas.com (361) 826-3227 Professional Services Contract Replace Piers A, B, C, D, & L CAPTION: Resolution awarding a professional services contract to Urban Engineering, Corpus Christi, Texas, for design services to Replace Piers A, B, C, D, & L, located in Council District 1, in an amount of $939,767.00, with FY 2021 funding available from the Seawall CIP Fund. SUMMARY: This motion awards a professional engineering contract for the design, permitting, bid documents and construction phase services to Replace Piers A, B, C, D, & L project. The scope of work includes demolishing the existing piers and replacing with new piers incorporating updated features and utilities. BACKGROUND AND PURPOSE: The Marina consists of the Lawrence Street T-Head, Peoples Street T-Head, and the Coopers Alley L-Head as well as the associated piers and docks. In total, there are 14 piers with 603 wet slips. The wet slips are available for lease, which makes up nearly 80% of the revenue that drives the marina's operating budget. The existing Piers A, B, C, & D were installed in 1994. The original construction typically provides no more than a 25-year life expectancy the piers are in poor condition. Pier L was constructed in 1990 with fixed wood piling and wood decking. It has been damaged by storm tides. Due to the piers' state of disrepair, many slips are unusable resulting in revenue loss for the Marina. Dredging is also required as sailboats and larger power boats cannot access many of the wet slips due to the depth of the water. This project will replace the existing Piers A, B, C, D, & L with a modern dock system that can provide a life expectancy of 40 to 50 years and provide for the required dredging to make the slips accessible and useable. This item awards a professional engineering contract for the design, permitting, bid documents and construction phase services to support the project implementation. PROJECT TIMELINE: 2021 20222022 - 2023 J J A S 0 N D J F M April 2022 - August 2023 Bid/Award Construction Project schedule reflects City Council award in June 2021 with anticipated design completion by December 2020 and construction anticipated to start April 2022 with an estimated completion of August 2023. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Qualifications on December 28, 2020. The City received statements of qualifications from four firms and a technical evaluation was performed by the selection committee. The selection committee consisted of one representative from City Manager's office, one representative from the Parks and Recreational Department, one representative of the Marina, and two representatives from Engineering Services. Firms were ranked based on five factors: 1) experience of the firm, 2) experience of the key personnel with specific experience with similar projects, and 3) project approach and management plan. Urban Engineering was the highest ranked firm and was awarded the AE contract. Urban Engineering has completed other projects for the City, such as the Laguna Madre Plant Rehabilitation project, the Swatner Drive road project, the Nueces River Raw Water Pump Station project, and the Port Avenue Water Line Replacement project. Additionally, Urban Engineering performed the design for reconstruction of the Port Aransas Municipal Marina Docks due to damage suffered from Hurricane Harvey. ALTERNATIVES: Not awarding the contract will delay anticipated revenue generation from the new Marina Piers A, B, C, D, & L. The facilities will continue to deteriorate and lose its customer base. Revenue will be lost, and the business will be unable to sustain itself, further impacting the downtown area. FISCAL IMPACT: The fiscal impact in FY 2021 is an amount of$939,767.00 with funding available from the Seawall CIP Fund. The Capital Improvement Plan (CIP) shows this project will begin in FY 2022. The project is ready to be implemented and the CIP page will be amended to reflect the design of the project starting in FY 2021 and construction starting in FY 2022. FUNDING DETAIL: The project is ready to be implemented and the CIP page will be amended to reflect the design of the project starting in FY 2021 and construction starting in FY 2022. Fund: Seawall Fund (Fund 3271) Mission Elem: Seawall (707) Project No.: Replace Marina Piers A, B, C, D, & L (Project No. 21026) Account: Outside Consultants (550950) Activity: 21026-3271-EXP Amount: $939,767.00 RECOMMENDATION: Staff recommends approval of the contract for design of Marina Replace Piers A, B, C, D, & L in an amount not to exceed of$939,767, to Urban Engineering. LIST OF SUPPORTING DOCUMENTS: Resolution Location Maps Contract Evaluation Matrix CIP Page Resolution awarding a professional services contract to Urban Engineering, Corpus Christi, Texas, for design services to Replace Piers A, B, C, D, & L, located in Council District 1, in an amount of $939,767.00, with FY 2021 funding available from the Seawall CIP Fund. WHEREAS, on November 7, 2000, residents of the City of Corpus Christi ("City") passed Proposition 4, Seawall Improvement, which authorized the adoption of a sales and use tax for the promotion and development improvements to the downtown seawall and for maintenance and operating costs of said seawall improvements for the life thereof to be imposed for 25 years; WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 4 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1 , 2001 , to be administered by the Corpus Christi Business and Job Development Corporation Board ("Board"); WHEREAS, the Board has determined that it is in the best interest of the citizens of the City that Seawall improvement funds be used to pay for a certain public improvement, namely the replacement of docks A,B,C,D, and L at the Corpus Christi Municipal Marina (the "Marina"); WHEREAS, the Project is consistent with the purposes for which the Seawall Improvement Fund was created and approved by the voters of the City; WHEREAS, the Marina is an integral part of the seawall complex that enhances the tourism or economic development value thereof; WHEREAS, replacement of docks A, B, C, D, and L will serve to beautify the seawall complex, increase safety, and eliminate an impediment to the commercial use of the Marina, thereby enhancing the value of the seawall as a facility that promotes new or expanded business development; WHEREAS, the Marina was constructed as part of the original seawall project, connects directly to the seawall, and is surrounded by seawall improvements, including the Seawall breakwaters; WHEREAS, the Marina is part of the downtown seawall and was included in seawall improvement project at the time that Proposition 4 was approved by voters; and WHEREAS, the replacement of docks A, B, C, D, and L is a Seawall improvement for purposes of the Seawall Improvement sales tax approved by the City's voters. 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 Page 1 of 2 necessary to secure professional services contract to Urban Engineering, Corpus Christi, Texas, for design services to Replace Piers A, B, C, D, & L, located in Council District 1, in an amount of $939,767.00. 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 Page 2 of 2 t -:27a PROJECT LOCATION 181 N SCALE: N.T.S. a�d PROJECT LOCATION LOCATION MAP NOT TO SCALE CORPUS CHRISTI SHIP CHANNE A u Qom � LEOPARD 1 D Z z0 /N 286 MGRGPN 358 �� O z oFy� 0 o 0 R �� cgRO<F Cis 0 �� S'O� Oc��ti 0 0 V) VICINITY MAP NOTTOSCALE PROJECT NUMBER: 21026 CITY COUNCIL EXHIBIT REPLACEPIERS A,B,C,D,L CITY OF CORPUS CHRISTI,TEXAS VONI DEPARTMENT OF ENGINEERING SERVICES PROJECT LOCATION a_ SCALE: N.T.S. PEOPLES a ' ..,��, •rte, . w m u R � Q x a� k C AL AERIAL MAP NOT TO SCALE PROJECT NUMBER: 21026 CITY COUNCIL EXHIBIT REPLACE PIERS A,B,C,D,L CITY OF CORPUS CHRISTI,TEXAS VONI DEPARTMENT OF ENGINEERING SERVICES se SERVICE AGREEMENT NO. 3679 w > CONTRACT FOR PROFESSIONAL SERVICES U �N�ORPnPPS Ea 1852 FOR PROJECT 21026 REPLACE MARINA PIERS A, B, C, D, & L 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 Urban Engineering (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I — SCOPE OF SERVICES ..............................................................................2 ARTICLE 11 — 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 Contract for Professional Services Page 1 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 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 forthe 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 Exhibits A and A-1. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. Contract for Professional Services Page 2 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 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 $939,767.00 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. Contract for Professional Services Page 3 of 11 Revised February 2020 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). Contract for Professional Services Page 4 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 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 court costs, to the Contract for Professional Services Page 5 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 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. Contract for Professional Services Page 6 of 11 Revised February 2020 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. Contract for Professional Services Page 7 of 11 Revised February 2020 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 days in which to (i)submit additional supporting data requested by the City, (ii) modify the initial request for Contract for Professional Services Page 8 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 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 contractor 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 do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or Contract for Professional Services Page 9 of 11 Revised February 2020 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. Contract for Professional Services Page 10 of 11 Revised February 2020 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_forml295.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-XI II of this Agreement(Articles),the Articles shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI URBAN ENGINEERING Michael Rodriguez Date Jim Urban Date Chief of Staff Principle 2725 Swanter Street APPROVED AS TO LEGAL FORM: Corpus Christi, Texas 78404 iimuCc�urbaneng.com Assistant City Attorney Date ATTEST City Secretary Date Contract for Professional Services Page 11 of 11 Revised February 2020 ENGINEERING Job No. 043431.C1.00 May 24, 2021 TRANSMITTED VIA EMAIL Mr. Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi PO Box 9277 Corpus Christi, Texas 78469 Subject: RFQ No. 3409 — Replacement of Marina Docks A, B, C, D, & L Dear Mr. Edmonds, Urban Engineering appreciates the opportunity to provide a proposal to the City for the replacement of Marina Docks A-D and L and related improvements at the Corpus Christi Marina. Improvements to be included in this project include removal of existing docks A-D and L, dredge the area in the vicinity of Docks A-D and Docks L and M to an approximate depth of -7' beneath piers and -9' in fairways (NAVD'88), construction of new concrete floating docks with water, wastewater, electrical utilities, with a limited Marina market overview and a Marine Engineering Feasibility and Desktop Coastal Conditions Analysis as needed to support the reconstruction of Docks A-D and L. We propose the following scope of services for the Marina improvements: PART I - SCOPE OF SERVICES: PART LA BASIC SERVICES 1.A.1 DESIGN PHASE SERVICES Urban Engineering (UE) will provide the following preliminary and final design phase services: a. Provide Project Management services to ensure that the project deliverables that are provided meet the stake holder's requirements. b. Attend 1 kickoff meeting with the City and distribute meeting minutes to attendees within 5 working days of the meeting. c. UE will coordinate with the City to facilitate a contract between the City and a Professional Geotechnical Engineer to provide geotechnical engineering services. UE will develop a boring and sampling plan and location map, review the geotechnical report to interpret results and incorporate the applicable information into the design. The Geotechnical coordination scope includes boring(s) needed for new piling and may include sampling and analysis of dredge material for disposal, and/or borings for potential parking or structure foundation. d. Gather available data, research utilities and Record Drawings, site visits for visual observation of existing conditions. (361)854-3101 2725 SWANTNER ST. • CORPUS CHRISTI,TEXAS 78404-2832 FAX 361)854-6001 www.urbaneng.com TBPE Firm#145• TBPLS#1003240 Mr. Jeff Edmonds, P.E. May 24, 2021 Page 2 of 9 e. Participate in discussions with the Operating Department as required to complete the Project. Any directions or changes to scope provided by the Operating Department shall be reviewed with the City Engineering Department Project Manager prior to including/excluding from the scope of work. f. Prepare 40% design level construction plans for the replacement of Docks A-D and L and submit for City review and comment. The plans and specifications will follow the City of Corpus Christi format. Provide the City Checklist Forms with an Executive Summary and preliminary specification list with the 40% Submittal package. The Executive Summary will briefly summarize the key elements of the project and generally note significant decisions made, outstanding issues, items that need to be determined by the City or others, and any significant changes to the project scope or schedule. The Submittal will include 1 hard copy and digital format. g. Attend a 40% review meeting with PM and stakeholders to discuss status and significant issues. Following the City's review of the 40% submittal package, UE will assimilate review comments and incorporate the appropriate modifications and additions/deletions into the 100% submittal package. h. Prepare 100% (unsealed) construction documents (plans and specifications) and submit for City review. The Contract and Bid Documents will follow City format using City Standards as applicable with the City's Bid Form, Agreement, Supplementary Conditions, Summary of Work, Alternates and Allowances, Measurement and Basis for Payment, Submittal Register, Special Procedures, and Temporary Facilities and Controls, and technical construction specifications. The 100% submittal will include the applicable City Submittal Checklist Form(s) and an Executive Summary briefly outlining the status and any significant changes to scope, cost, or schedule. The submittal will include 1 hard copy and digital format. i. Attend a 100% complete design review meeting (pre or post submission) to review the contract and bidding documents and discuss any significant remaining issues. Following the City's review of the 100% submittal package, UE will assimilate the review comments and incorporate the appropriate modifications into the final sealed bid documents. j. Prepare an Opinion of Probable Construction Cost Estimate (OPCC) for the 40% and the 100% submittals. If the estimated costs exceed the City's initial construction budget, UE will provide recommendations with alternative options for City consideration. k. Upon receipt of any remaining City comments on the submittal, UE will incorporate comments and provide the final sealed package in digital form plus the CIVCAST excel bid form for bid issue. The final sealed bid package will be provided electronically in PDF and CAD formats. Bid documents become the sole property and ownership of the City of Corpus Christi. 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. I. Provide Quality Assurance/Quality Control (QA/QC) measures such that each submittal accurately reflects the percent completion designated and does not necessitate an excessive amount of revision and correction by City staff. m. With the assistance of Applied Technology & Management, Inc. (ATM) as a subconsultant, our team will perform a limited Marina Market Overview and a Marine Engineering Feasibility and Desktop Coastal Conditions Analysis with a focus on the configuration, slip sizes, and wave analysis to support the layout and construction of Marina Docks A-D and L. A summary report of findings will be provided which will include discussion of the various engineering topics including the summary matrix of critical engineering constraints and solutions. A stand- alone Coastal Conditions Analysis report that will support the bid documents for the replacement of Piers A-D and L will also be provided. Mr. Jeff Edmonds, P.E. May 24, 2021 Page 3 of 9 I.A.2 BID PHASE SERVICES UE will provide the following bid phase services: a. Assist the City with Bid Advertisement and assist the City in soliciting bids by identification and notification of prospective bidders. b. Participate in a Pre-Bid Meeting with prospective bidders and City staff. c. Review and prepare responses to requests for information (RFI's) during the Bid Phase. d. Prepare Addenda when needed to address revisions to the bid documents. e. Attend the Bid Opening. f. Prepare a bid evaluation and provide a written recommendation to the City. In the event the lowest responsible bidder's bid exceeds the City's construction budget that was provided in the design phase, UE will confer with City staff and provide recommendations for potential remedy options to reconcile scope and/or budget. I.A.3 CONSTRUCTION PHASE SERVICES UE will perform construction administration to include the following: a. Participate in a pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements that impact the project. b. Review Contractor shop and working drawings, materials, and other submittals for conformance to Contract Documents. c. Review field and laboratory tests as requested by City. d. When requested by the City's OAR, 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. e. Make regular weekly 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. f. Attend construction progress meetings with City staff(assumed one meeting per month over the duration of the construction phase). g. Assist the City preparation of Change Orders when needed. Change Orders will be prepared and processed by the City. h. Attend a substantial completion inspection with City staff. Develop a punch list of items to be addressed and provide the City with a Certificate of Substantial Completion. i. Attend a final inspection with City staff. Provide the City with a Certificate of Completion after the final inspection and when the punch list items are complete. j. Prepare Record Drawings in CAD and PDF format based on Contractor redline markups received from the City Inspector, provide QA/QC of project closeout and final submission of project deliverables to the City. Mr. Jeff Edmonds, P.E. May 24, 2021 Page 4 of 9 PART 1.13 ADDITIONAL SERVICES 1.B.1 Permit Preparation a) Texas Department of Licensing and Regulation (TDLR) The A/E will provide a copy of the Contract Documents and appropriate fee to TDLR for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). The A/E will coordinate RAS inspection services at the end of construction and pay associated fee. b) Letter of Permission Task for Dock Repair/Reconfiguration This task includes preparation of a Letter of Permission (LOP) authorization request to the USACE for the repair and reconfiguration of an existing dock system within the Corpus Christi Marina that was damaged during Hurricane Hanna. It is our understanding that portions of the existing damaged dock structure will be completely removed from the Marina by the City (potentially under NWP 3 or original Section 10 permit War Department Permit #1179), and the LOP would only be applicable to the remaining removal and reconstruction effort. The application would include a Project description, Texas Coastal Management Consistency Statement, Engineering Form 4345, and the addresses of adjacently located property owners. This task also includes preparation of a threatened and endangered species assessment for federally listed species to document compliance under Section 7 of the Endangered Species Act (assumes informal consultation between the USACE and USFWS/NMFS), and preparation of a cultural resources desktop assessment to document compliance with Section 106 of the National Historic Preservation Act (assumes no impact to NRHP eligible resources). It is anticipated that permit issuance from the USACE Galveston District would take approximately 60-90 days to obtain once a complete application is submitted. This timeline assumes that a Section 408 review by USACE Operations will not be required for the project. c) NWP 35 Maintenance Dredging of Existing Basins This task includes preparation of a preconstruction notification (PCN) package to the USACE for Project authorization under Nation Wide Permit (NWP) 35 — Maintenance Dredging of Existing Basins. NWP 35 would authorize the removal of accumulated sediment for maintenance of the existing Corpus Christi Marina basin to depths not exceeding -15' MLT as outlined in War Department Permit #1179, which was issued by the USACE in February of 1939. The application would include a project description and Engineering Form 6082, along with mapping depicting the Project location. It is assumed that cross sectional drawings detailing the proposed maintenance dredging depths would be prepared by Urban Engineering. This task also includes preparation of a threatened and endangered species assessment for federally listed species to document compliance under Section 7 of the Endangered Species Act (assumes informal consultation between the USACE and USFWS), and preparation of a Mr. Jeff Edmonds, P.E. May 24, 2021 Page 5 of 9 cultural resources desktop assessment to document compliance with Section 106 of the National Historic Preservation Act (assumes no impact to NRHP eligible resources). It is anticipated that permit issuance from the USACE Galveston District would take approximately 60-90 days to obtain once a complete application is submitted. This timeline assumes that a Section 408 review by USACE Operations will not be required for the project. This task also assumes that all dredged material would be transported to a USACE approved Port of Corpus Christi placement area. As such, no additional permits will need to be secured for dredge placement. It is also assumed that a sediment analysis plan will not be required for dredged material as part of the NWP 35 PCN submittal package. Additional fees may be required in the event that the POCC placement area is not available for disposal of dredge material from this project. 1.B.2 Topographic Survey UE will perform a topographic survey to establish horizontal and/or vertical control for the design and construction of the improvements. All work will 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, and will be tied to and in conformance with the City's Global Positioning System (GPS) control network. 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. Vertical control will be based on NAVD 88. UE will also provide construction staking for location of the new docks. 1.B.3 Warranty Phase UE will provide a warranty inspection of the project site toward the end of the 12-month warranty period and generate a warranty items punch list for the OAR and Contractor. Mr. Jeff Edmonds, P.E. May 24, 2021 Page 6 of 9 PART II SCHEDULE: The anticipated project schedule for the construction of Docks A-D and L is shown in the Table below. The schedule is partially contingent on assumptions for dredge material disposal that are noted in Part IV. Work on permitting for the LOP and NWP 35 is anticipated to be complete within approximately 120 days from the date of authorization to proceed. Work on the limited market study analysis and the engineering feasibility and wave analysis will be performed simultaneously during work on the construction documents for Docks A-D and L. It is anticipated that these tasks will be complete within 6 weeks of authorization to proceed. Docks A-D and L Approximate Project Schedule .I D : ...... ......... I•. .0.0 l� .: . .................................. ...................................... .................................. ..................................... .................................. ...................................... ....... ....... ACTIVrfY COMPLETION ALLOTTED DATE CAL.DAYS AE Contract Executed 6/18/2021 N/A 40%Prel i mi na ry PI a ns 8/13/2021 56 City Review 9/3/2021 21 100%Pre-ATA Submitta 1 10/29/2021 56 City Review 11/19/2021 21 Sealed Final Submittal 12/3/2021 14 Advertisefor Bids 12/31/2021 28 Pre-Bid Conference 1/9/2022 9 Bid Opening 1/15/2022 6 Constr.ContractAward 3/16/2022 60 Begin Construction 4/15/2022 30 Complete Construction 8/4/2023 476 Mr. Jeff Edmonds, P.E. May 24, 2021 Page 7 of 9 PART III FEE: The City will pay UE a fixed fee for providing the described services authorized per the table below with the exception of services which are specifically identified to be performed on an hourly not-to- exceed basis in accordance with the rate schedule. Fees will not exceed those identified and will be full and total compensation for all services outlined above, and for all expenses incurred in performing these services. Tasks requested outside of the described scope will be additional services and performed on a Time and Materials Basis upon receipt of written authorization from the City. 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, UE will submit monthly statements for services rendered. The statement will be based upon UE's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to UE's monthly statements. SUMMARY OF FEES BASIC SERVICES FEES FEE AMOUNT 1. Design Phase (40% Plan Submittal) $ 383,206 2. Design Phase (100%Submittal +Sealed) $ 408,064 3. Bid Phase $ 11,645 4. Construction Administration Phase (16 Months) $ 87,630 Subtotal - Basic Services Fees $ 890,545 ADDITIONAL SERVICES FEES(AS AUTHORIZED) 1. Permit Preparation * $ 36,870 2. Topographic Survey * $ 10,560 3. Warranty Phase * (Hourly, NTE) $ 1,792 Subtotal -Additional Services Fees $ 49,222 TOTAL FEE $ 939,767 *Additional Services authorized in conjunction with the Notice to Proceed for Basic Services. Mr. Jeff Edmonds, P.E. May 24, 2021 Page 8 of 9 PART IV ASSUMPTIONS: UE has based the proposal scope and fee above on the following assumptions: • City will provide UE with the City's target Construction Budget at the project kick off meeting. • UE may use the latest Bathymetrics in the Marina basin that were performed by others for the City in 2020. In the event that the 2020 Bathymetric Survey by others is not available for use on the current project, a separate Bathymetric Survey would be required, and UE would obtain the new Bathymetric Survey if needed at an additional fee. • Availability of PCCA dredge material disposal area (DPMA) site. In the event that a PCCA DMPA is not available for the current project, UE will provide additional services to assist the City with identification of an alternative placement location. The DPMA site will be subject to scheduling restrictions. UE will coordinate the dredge and disposal schedule with the DPMA restrictions and provide the City with updates to the project schedule and/or phasing recommendations in the event the disposal restrictions will impact the anticipated project schedule for construction. • The soil sampling analysis recently conducted in the City Marina Basin for City Project E16318/E16321 Marina Breakwater at McGee Beach & Marina Boat Basin Dredging will be acceptable for compliance with the DMPA requirements. In the event that the recent analysis is not acceptable for the DPMA requirements, UE will provide additional services to coordinate with the City and the City's Geotechnical Engineer to obtain and test additional samples in the Marina Basin. • Proposed dredging for this project will be to depths of-7 beneath piers and -9 in the fairways with 1' over dredge (NAVD'88). The extent of the dredge area limits for this project are subject to change based on the estimated costs in conjunction with available funds for the construction dredging and the availability of disposal site volume. • The new floating concrete docks will be designed based on 95 mph wind speed occupied, and 130 mph wind speed unoccupied. • Phased approach — Plans will be developed and phased to demo, dredge, and construct new Docks A, B, L and then re-mobilize to demo, dredge, and construct Docks C, D. The City will manage tenant relocation during construction. Mr. Jeff Edmonds, P.E. May 24, 2021 Page 9 of 9 Please let us know if you have any questions. We look forward to working with the City on this project to re-envision and enhance the Corpus Christi Marina. Sincerely, URBAN ENGINEERING Linda Webster Gurley, P.E. Project Manager Attachments: * UE 2021 Rate Schedule, rev. (Confidential) CC: Mr. Thomas Klein, P.E., City Project Manager UJF U RBAN ENGINEERING SCHEDULE OF RATES -2021 Engineering Hourly Surveying Hourly Rates Rates Engineering Tech 1 $ 75.00 Survey Tech 1 $ 55.00 Engineering Tech 11 $ 85.00 Survey Tech 11 $ 80.00 Engineering Tech III $ 105.00 UAV Specialist $ 95.00 Engineering Tech IV $ 130.00 GIS Specialist $ 105.00 Platting Specialist $ 115.00 Engineer I (EIT) $ 100.00 Engineer 11(EIT) $ 110.00 Surveyor I (SIT) $ 95.00 Engineer III (PE) $ 140.00 Surveyor 11 (RPLS) $ 100.00 Engineer IV(PE) $ 155.00 Surveyor III (RPLS) $ 175.00 Engineer V(PE) $ 190.00 Surveyor IV(RPLS) $ 180.00 Engineer VI (PE) $ 210.00 Engineer VII (PE) $ 255.00 Survey Operations Manager $ 120.00 1-Men Field Crew * $ 105.00 Principal/Engineer $ 260.00 2-Men Field Crew * $ 150.00 3-Men Field Crew * $ 195.00 UAV Flight Crew $ 250.00 Sr.Administrative Asst $ 95.00 Survey Administrative Asst $ 80.00 Utility Vehicle/ATV $ 150.00 per day Administrative Asst $ 75.00 Line Locator $ 100.00 per day Print Clerk $ 50.00 Survey Boat $ 450.00 per day Depth Sounder $ 45.00 per day P.E.-Registered Professional Engineer S.I.T.-Surveyor in Training R.P.L.S-Registered Professional Land Surveyor *When Robotics are used on projects,it will be billed as an additional crew member. EXPENSES: Travel Expenses-mileage(other than rental car beyond a 30-mile radius from office)@$0.56/mile In-house Reproduction-at prevailing commercial rates Outside consultants and technical services-at cost plus 10%for handling All other expenses-at cost plus 15%for handling When it becomes necessary for an employee to remain overnight the following fees will apply: • Lodging will be billed to the client at cost+10% • Applicable per day per diem fees+10% BILLINGS/PAYMENTS Invoices for UE's services shall be submitted, at UE option,either upon completion of such services or on a monthly basis. Invoices shall be payable upon receipt and are considered late 30 days after the invoice date.When Clients have multiple open invoices,payments will be applied to the oldest invoice(s)first.If the invoice is not paid within 30 days,UE may,without waiving any claim or right against the Client,and without liability whatsoever to the Client, terminate the performance of the service. Retainers shall be credited on the final invoice. These rates are subject to periodic review and change. Proper notification will be given of any rate schedule changes as they may become necessary.Rates are typically adjusted annually. Rev.5-24-2021 (V.3) (361)854-3101 2725 SWANTNER DR.• CORPUS CHRISTI,TEXAS 78404 FAX (361)854-6001 www.urbaneng.com TBPE Firm#145 TBPLS Firm#10032400 0 0 0 0 0 0 0 0 0 0 0 0 rte+ 0 0 0 0 0 0 0 0 0 0 0 0 O O O O M O o 0 m m m Ln M LO o Q 0 0 0 0 0 Lf) O O ~ ~ ~ O O O M iO L() co N CM � N s c o E 0 o U a� LU -0 >I. Q a� Q � 0 0 00 0 0 0 o p 00 0 00 0 J E a D) O O 00 O o 0 o m m m o 0 0 o a U) M a) 0 0 0 0 0 0 0 r-- r; 0 r; r; g n Of V 64 O Lf) O L() O N N Lf) It O) Lf) r-- Lf) r-- Lf) CO N ti N O) O (a M Lf) L() � o) U O) <C EA EA EA EA EA EA EA EA EA EA O � m � W O O 00 O o 0 o p 00 0 00 O 0 0 0 0 0 0 0 o pp pp pp O 0 0 0 J V O O 00 O 0 0 0 0 00 O O00 O 617 617 O O EA EA O 00 00 H > N CV cM EA Efl EA Efl EA V Z O O 00 O o 0 o 0 00 0 00 O W N O O O O O O O O m m m 0 00 O 3 0 0 00 0 0 0 0 0 00 O Z O_ .O 00 O EA EA O EA EA EA EA O EA O O > > - 07 � � � a a = 6q U� U� U� W O O 00 O o 0 o p 00 0 0 0 0 -� 0 0 0 0 0 0 09 o 0 0 0 U .000000 0 0 0 m m m 0 0 0 0 W i o � 0 � � 0 O � � O 0 O O W z LO H Iq N? c�II V M r O O O O O o 0 o p p p 0 O O O W O +r O O O O O O O O m m m 0 O O O Z a r 0 0 0 0 0 O O ti F- F- F- ti O 1- 1� Q O O O O L O O 0 O 0 O N N Iq LO Iq O y cB W Z Z 0 0 0 ti W) N O r Co ti N I- O W M H O M M 00 N 00 � N U W EA EA EA EA EA EA EA EA H 'a- O O vi J O > V N 0 0 0 0 0 0 0 o 0 00 0 00 O Z a a — O 0 0 0 0 0 0 0 o m m m o O O o m > 0 0 0 0 0 0 0 0 r-- 0 r-- r-- c Zu� u� Lc) O Ln U� 07 N N L() N I-- J N a O - N O N CO CO N CO co Q U V E!} EA Efl EA Efl EA Efl Z a . w T- 0 0 0 0 0 0 0 o 0 0 0 0 O O O W COM M O O 00 O O O O m m m 0 O O O W L t 000000 000E- F- F- 0 000 0 � � � Z u� O u} of O Uf N Uf N O N N p O O r r O r r V O V U Q O O 00 O o 0 o 0 0 0 0 00 O Co O o cB ++ O O O O O O O O m m m 0 O O O 0 0 0 0 0 0 0 0 0 O O O CO Zt 0 0 0 0 0 0 0 0 0 0 = W .i U Q� o Q w CO a i cn U Z 'Lu` M U N > N J t U ii U) Na)lW W ,v) + O N V) N V N N Z N y N (Q tLL U O Ol t a U to > N U- N > cB W a a > Cl) .� a -Fum p c o 0) � Q F O U Q ca m aa) 70 0 � � a) � � c� °� U � � � � o o a � � m m a p m U U) Q a a 0 c) u) cn m Q Z Q ; ; EXHIBIT B Page 1 of 1 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, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability including: $1 ,000,000 Per Occurrence 1 . Commercial Broad Form $2,000,000 Aggregate 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased PROFESSIONAL LIABILITY $1 ,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must 1 EXHIBIT C PAGE 1 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 2 EXHIBIT C PAGE 2 OF 3 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. 3 EXHIBIT C PAGE 3 OF 3 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 Article2—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 Article13—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 Article25—Shop Drawings.........................................................................................................................17 Article26— Record Data.............................................................................................................................20 Article 27—Construction Progress Schedule..............................................................................................21 Article 28—Video and Photographic documentation ................................................................................21 Article 29— Execution and Closeout...........................................................................................................21 Article30—Miscellaneous..........................................................................................................................22 EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Page 1 of 22 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; EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Page 2 of 22 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; EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services page 3 of 22 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. EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Page 4 of 22 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. EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Page 5 of 22 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, EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Page 6 of 22 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. EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Page 7 of 22 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. EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Page 8 of 22 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. EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Page 9 of 22 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. EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Page 10 of 22 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. EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Page 11 of 22 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. EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Page 12 of 22 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 EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Page 13 of 22 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. EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Page 14 of 22 C. Claims by Contractor that are not received within the time period provided by section 13.02(8) 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. EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Page 15 of 22 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. EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Page 16 of 22 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. EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services page 17 of 22 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. EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Page 18 of 22 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. EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Page 19 of 22 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 25.10.13 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 EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Page 20 of 22 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. EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Page 21 of 22 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 EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services page 22 of 22 SUPPLIER NUMBER TO BE ASSIGNED BY CITE PURCHASING DIVISION tir►rr� City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicaf�le, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P. O.BOX: STREET ADDRESS: CITY: ZIP: FIRM IS: 1. Corporation ❑ 2. Partnership ❑ 3. Sole Owner E]4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name Job Title and City Department(if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name Consultant N/A EXHIBIT"E" Page 1 of 2 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: Title: (Type or Print) Signature of Certifying Date: Person: DEFINITIONS a. `Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain,whether professional,industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus 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. EXHIBIT"E" Page 2 of 2 RFQ NO. 3409 Engieering Services for Pier Replacment A, B, C, D & L Proposal Evaluation Urban Ardurra Halff Dykema Engineering Group, Inc. MINIMUM QUALIFICATIONS (PASS/FAIL) Pass Pass Pass Pass Licensing/Certification le No material lawsuits during last 5 years le No material regulatory issues last 5 years le References Provided for firm le TECHNICAL PROPOSAL (50 PTS) 49 45 43 31 Firms'Experience(15 pts) 15 13 13 9 Team's Experience(15 pts) 15 13 13 10 Understanding of Project Scope(20 pts) 19 18 17 12 INTERVIEW(50 PTS) 49 32 Firms'Experience(15 pts) 15 10 Team's Experience(15 pts) 15 10 Understanding of Project Scope(20 pts) 19 12 Total 98 77 43 31 Capital Improvement Plan 2019 thru 2023 City of Corpus Christi, Texas Project# 21026 Project Name Replace Piers ABCDL Type Improvement/Additions Department Marina 1 Useful Life 25 years Contact Marina Superintendent Category Site Improvements Priority 2 Critical-Asset Condition\longe Status Active Description Replacing five piers,A,B,C,D and L will upgrade and greatly improve the existing aged infrastructure. This will provide modern piers and increase the volume of Marina Tenant and visiting vessel traffic to the Marina. Replacing Piers A,B,C,D&L with new materials and making upgrades to the infrastructure makes the Marina more marketable. This results in the Marina being more profitable as well as providing better amenities to our existing and future customers. Justification PIERS A,B,C,D(Lawrence Street T-Head) These floating piers have been in operation since the 1980's. They have approached the end of their life cycle. The floating piers were some of the first ones of its type installed in the Marina. Pilings are shorter than the newest additions by several feet. They will need to be upgraded to taller pilings. Now the floating piers are at the end of their life cycle and need to be replaced. In addition,there are no pump-outs located on these piers. Tenants must travel to the nearest pump-out located at Coopers L-Head. In order to remain competitive,individual pump-outs are vital to the new piers. PIER L (Coopers Alley L-Head) This is one of the last remaining large fixed piers in the Marina. With annual high tides, there have been multiple electrical shortages over the past few years as much of the dock becomes submerged. The pilings would need to be upgraded as well as a electrical and install individual pumps too. The piers will continue to deteriorate,become a safety hazard and then become unleasable effecting the Marina's ability to be profitable and self sustaining. Expenditures 2019 2020 2021 2022 2023 Total Construction/Rehab 12,000,000 12,000,000 Testing 480,000 480,000 Design 960,000 960,000 Contingency 1,200,000 1,200,000 Engineering Svc 360,000 360,000 Total 960,000 14,040,000 15,000,000 Funding Sources 2019 2020 2021 2022 2023 Total Type A/B Sales Tax 960,000 14,040,000 15,000,000 Total 960,000 14,040,000 15,000,000 Budget Impact/Other 71 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. 590 Capital Improvement Plan 2020 2024 City of Corpus Christi, Texas Project# 21026 Project Name Piers ABCD&L Replacement& Dredging Type Improvement/Additions Department Marina Useful Life 40 years Contact Marina Manager Category Site Improvements Priority 2 Critical-Asset Condition W,�y Status Active Description Dredging around and replacing piers A,B,C,D and L will upgrade and greatly improve the existing aged infrastructure that has surpassed its expected life.Replacing piers A,B,C,D&L with new modern docks and making upgrades to the infrastructure will make the Marina more marketable to a wider range of boaters.Dredging around piers A,B,C,D,&L will allow boats to access all of the slips without restrictions. This project will allow the Marina to be more profitable as well as providing better amenities to our existing and future customers. Justification Piers A,B,C,D&L have been in operation since the 1990's and no dredging has been performed since then.Dredging is critically needed due to tide, wind and wave action that deposited sediment around the piers and resulting in 2.5 foot depths in some areas of the Marina. Piers A,B,C&D are wood structure floating docks installed in 1994 with a life expectancy of no more than 25 years.Pier L(Coopers Alley L-Head) is one of the last remaining large fixed piers in the Marina installed in 1990 with a life expectancy of 25 years. Due to the pier being fixed annual high tides and sedimentary buildup have caused substantial damage to the pier structure and usability over the past few years. The piers have become a safety hazard and are partially unleasable,effecting the Marina's ability to be profitable and self-sustaining. Expenditures 2020 2021 2022 2023 2024 Total Construction/Rehab 15,819,000 15,819,000 Design 1,580,000 1,580,000 Admin Reimbursement 1,900,000 1,900,000 Total 19,299,000 19,299,000 Funding Sources 2020 2021 2022 2023 2024 Total Certification of Obligation 3,000,000 3,000,000 Insurance Proceeds(Hurricane Hanna) 2,000,000 2,000,000 Type A/B Sales Tax 14,299,000 14,299,000 Total 19,299,000 19,299,000 Budget Impact/Other 71 The new piers are anticipated to generate additional revenues as more boats will be able to utilize the Marina.It is anticipated that six hundred thousand in additional revenue will be generated annually due to this project.Portions of the new revenue will be scheduled for additional maintenance around the Marina. SC 0 U NogPoapYEo AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of June 15, 2021 DATE: June 15, 2021 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 0effreye(a)cctexas.com (361) 826-3851 Heather Hurlbert, Director of Finance & Business Analysis heatherh3(a)cctexas.com (361) 826-3227 Construction Contract Award Boat Basin Dredging & McGee Beach Breakwater Repairs CAPTION: Resolution awarding a construction contract to Cayo LLC, Fort Worth, Texas, for the Boat Basin Dredging near the Corpus Christi Marina between McGee Beach and R-Pier and Breakwater Repairs at McGee Beach, located in Council District 1, in an amount of $5,704,725.00, with FY 2021 funding available from the Seawall CIP Fund. SUMMARY: This motion approves a construction contract for the Boat Basin Dredging and McGee Beach Breakwater Repairs. The scope includes dredging shoaled areas at the Marina between the McGee Beach breakwater and R-Pier and repairs to the breakwater adjacent to the downtown marina and McGee Beach. The dredged material will be placed at the Rincon B West Dredge Material Placement Area. BACKGROUND AND FINDINGS: The marina breakwater was originally constructed in the 1920's. The breakwater reduces wave energies to the area enclosed by the breakwater protecting vessels and infrastructure. In 1946, a concrete cap was added to the breakwater that extended approximately 1,750 feet north from McGee Beach. The concrete cap was re-built in 1981. Wave action to the breakwater's concrete cap is causing severe structural degradation due to age, environmental exposure, and excessive wave activity. The proposed improvements will make repairs to the existing stone breakwater and remove and replace the existing concrete cap with one that is two feet wider and one foot taller. The marina is also experiencing shoaling between the breakwater and the R-Pier. The shoaling is constricting navigation by reducing navigable water depth within the basin along the entrance and the southern end of the marina. There is also shoaling around the breakwater at the marina entrance. This material needs to be dredged to prevent further impediments to navigation. Originally, the City intended to use the dredged material for beach nourishment of McGee Beach; however, analyses indicated the dredge material is contaminated and not suitable for re-use. Therefore, the City had to seek an alternative location for the placement of the material. On February 9, 2021, Council approved a license agreement with the Port of Corpus Christi Authority (POCCA) that allows the City to place dredge material at the Rincon B West Dredge Material Placement Area. The POCCA agreement meets the required permitted Dredge Material Placement Area. Project savings from this project will allow the City to seek alternate methods for the nourishment of McGee Beach as originally intended. PROJECT TIMELINE: 2018 • - 2020 2021 - 2022 MAMJ JASONDJ FMAMJ JASONDJ FMAM J J A S O N D J Bid e ons ruction Project schedule reflects City Council award of construction contract in July 2021 with anticipated completion in January 2022. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Bids on April 21, 2021. The City received bids from two bidders. The City analyzed the submitted bids in accordance with contract documents and determined Cayo, LLC was the lowest responsive and responsible bidder. A summary of the bids is provided below. BID SUMMARY CONTRACTOR BASE BID Cayo, LLC $5,704,725.00 Callan Marine $10,165,321.00 Engineer's Opinion of Probable Cost $3,326,840.00 Cayo, LLC has not previously completed any projects for the City of Corpus Christi. Cayo, LLC has completed marina projects for other entities such as construct a reef with boulders for Charlotte County Government, Florida, construct concrete cap seawall for Jacksonville District United States Army Corps of Engineers (USACE), Florida, construct concrete floodwall for New Orleans District USACE, Louisiana, dredging of submerged debris in Corpus Christi Ship Channel for Galveston District USACE, Texas, and construct beach front pile for Manatee County Government, Florida. ALTERNATIVES: The alternative is not to award the construction contract to the low bidder. This option would jeopardize the functionality of the seawall during a storm's longer duration or greater intensity and wave access within the marina. FISCAL IMPACT: The fiscal impact in FY 21 is an amount of $5,704,725 with funding available from the Seawall CIP Fund. The total cost breakdown for each two-year project is an amount of$2,432,725.00 for Breakwater Repairs and $3,272,000.00 for Boat Basin Dredging. The Capital Improvement Plan (CIP) reflects both these projects in FY 2021 with sufficient funding available for project completion. The breakdown for each project in FY 2021 is an amount of $2,432,725.00 for Breakwater Repairs and $1,100,000.00 Boat Basin Dredging. The remaining funding of $2,172,000.00 for the Boat Basin Dredging will be provided for in FY 2022. Project savings from these projects will allow the City to seek alternate methods for the nourishment of McGee Beach as originally intended. FUNDING DETAIL: The Capital Improvement Program (CIP) shows the projects are planned for and ready to be implemented in FY 2021. Fund: Seawall Fund (Fund 3271) Mission Elem: Seawall (707) Project No.: Phase I Breakwater Repairs - McGee Beach (Project No. E16318) Account: Construction Contract (550910) Activity: E16318-01-3271-EXP Amount: $2,432,725.00 Year 1: $2,432,725.00 Year 2: $0.00 Fund: Seawall Fund (Fund 3271) Mission Elem: Seawall (707) Project No.: McGee Beach Nourishment / Boat Basin Dredging (Project No. E16321) Account: Construction Contract (550910) Activity: E16321-01-3271-EXP Amount: $3,272,000.00 Year 1: $1,100,000.00 Year 2: $2,172,000.00 RECOMMENDATION: City staff recommends awarding a construction contract to Cayo, LLC for the Boat Basin Dredging and McGee Beach Breakwater Repairs projects in the amount of $5,704,725.00, with FY 2021 and FY 2022 funding available from Seawall CIP Fund. LIST OF SUPPORTING DOCUMENTS: Resolution Location Map Bid Tabs CIP Project Pages License Agreement with POCCA Resolution awarding a construction contract to Cayo LLC, Fort Worth, Texas, for the Boat Basin Dredging near the Corpus Christi Marina between McGee Beach and R-Pier and Breakwater Repairs at McGee Beach, located in Council District 1, in an amount of $5,704,725.00, with FY 2021 funding available from the Seawall CIP Fund. WHEREAS, on November 7, 2000, residents of the City of Corpus Christi ("City") passed Proposition 4, Seawall Improvement, which authorized the adoption of a sales and use tax for the promotion and development improvements to the downtown seawall and for maintenance and operating costs of said seawall improvements for the life thereof to be imposed for 25 years; WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 4 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1 , 2001 , to be administered by the Corpus Christi Business and Job Development Corporation Board ("Board"); WHEREAS, the Board has determined that it is in the best interest of the citizens of the City that Seawall improvement funds be used to pay for a certain public improvement, namely the Boat Basin Dredging near the Corpus Christi Marina ("Marina") between McGee Beach and R-Pier and Breakwater Repairs at McGee Beach; WHEREAS, the Project is consistent with the purposes for which the Seawall Improvement Fund was created and approved by the voters of the City; WHEREAS, the Marina and McGee Beach are integral parts of the seawall complex that enhance the tourism or economic development value thereof; WHEREAS, dredging of the boat basin and breakwater repairs will serve to beautify the seawall complex, increase safety, and eliminate a potential impediment to the commercial use of the Marina, thereby enhancing the value of the seawall as a facility that promotes new or expanded business development; WHEREAS, the Marina was constructed as part of the original seawall project, connects directly to the seawall, and is surrounded by seawall improvements, including the Seawall breakwaters; WHEREAS, the McGee Beach breakwater provides extra protection from flooding and supports McGee Beach as a tourist destination included in the Seawall complex; WHEREAS, the Marina and McGee Beach are part of the downtown seawall and included in seawall improvement project at the time that Proposition 4 was approved by voters; and WHEREAS, McGee Beach is a Seawall improvement for purposes of the Seawall Improvement sales tax approved by the City's voters and dredging of the Boat Basin and repairs to the McGee Beach breakwaters are necessary maintenance of the Seawall. Be it resolved by the City Council of the City of Corpus Christi, Texas: Page 1 of 2 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 award a construction contract to Cayo LLC, Fort Worth, Texas, for the Boat Basin Dredging near the Corpus Christi Marina between McGee Beach and R-Pier and Breakwater Repairs at McGee Beach, in an amount of $5,704,725.00. 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 Page 2 of 2 RFB 3533 Marina Breakwater Imps&Boat Basin Dredging Item Description Unit Quantity CAYO,LLC Al Mobilization-Breakwater(Max 5%) LS 1 $115,000.00 $115,000.00 $400,000.00 $400,000.00 A2 Bonds and Insurance-Breakwater(Max 2%) AL 1 $26,000.00 $26,000.00 $183,400.00 $183,400.00 A3 Field Office for City Inspector-Breakwater MO 7 $2,000.00 $14,000.00 $2,500.00 $17,500.00 A4 Storm Water Pollution Protection Plan-Breakwater LS 1 $171,000.00 $171,000.00 $39,343.00 $39,343.00 Sub Totals $326,000.00 $640,243.00 Breakwater B1 Demolition-Existing Breakwater Concrete&Rock LS 1 $93,000.00 $93,000.00 $650,193.00 $650,193.00 B2 Demolition-Existing Concrete Stairs,Wooden Handrails/Guardrails,Light Pole&Misc.Electrical LS 1 $13,000.00 $13,000.00 $65,000.00 $65,000.00 B3 Existing Reinforced Concrete-Crack and Spall Repair and Concrete Patching LS 1 $29,000.00 $29,000.00 $50,000.00 $50,000.00 B4 Furnish and Place New Imported Rip Rap TON 6,500 $187.00 $1,215,500.00 $194.00 $1,261,000.00 B5 Concrete Delivery System LS 1 $89,000.00 $89,000.00 $75,000.00 $75,000.00 B6 Reinforced Breakwater Concrete Cap LF 739 $675.00 $498,825.00 $2,165.00 $1,599,935.00 B7 Place Concrete to Fill Voids Below Breakwater Concrete Cap Cy 200 $816.00 $163,200.00 $435.00 $87,000.00 B8 Permanent Brass Survey Monument EA 2 $2,600.00 $5,200.00 $7,500.00 $15,000.00 Sub Totals $2,106,725.00 $3,803,128.00 C1 •• Mobilization-Dredging(Max 5%) LS 1 $163,600.00 $163,600.00 $273,000.00 $273,000.00 C2 Bonds and Insurance-Dredging(Max 2%) AL 1 $26,000.00 $26,000.00 $105,000.00 $105,000.00 C3 Field Office for City Inspector-Dredging MO 7 $2,000.00 $14,000.00 $2,500.00 $17,500.00 C4 Dredge Progress Surveys LS 1 $135,000.00 $135,000.00 $46,000.00 $46,000.00 C5 Dredging Cy 39,350 $14.00 $550,900.00 $67.00 $2,636,450.00 C6 Dredge Disposal-Including all Permits,Tipping Fees,etc. Cy 39,350 $50.00 $1,967,500.00 $40.00 $1,574,000.00 C7 Additional Dredging Cy 10,000 $11.50 $115,000.00 $67.00 $670,000.00 C8 Additional Dredge Disposal-Including all Permits,Tipping Fees,etc. Cy 10,000 $30.00 $300,000.00 $40.00 $400,000.00 Sub Totals $3,272,000.00 $5,721,950.00 Grand Total $5,704,725.00 $10,165,321.00 Project � 1 Location Map t - - ■■ X11 ' ♦♦♦` Capital Improvement Plan 2019 thru 2023 City of Corpus Christi, Texas Project# E16318 Project Name Phase 1 Breakwater Repairs (McGee Beach) 0 yawing-&fakW auCl Gass Snrtnn--�---� Type Reconditioning-Asset Longevit Department Health&Safety Other fti Useful Life 40 years Contact Director of Engineering — - Category Site Improvements Priority 2 Critical-Asset Conditionuonge Status Active -- Description Marina breakwater is designed to reduce wave energies to marina facilities and vessels stored and navigating within marina channels. It also dissipates wave energy to the seawall in the area. The breakwater was constructed in the 1920's and is experiencing severe structural degradation due to age and harsh enviromnent. Proposed improvements will repair existing rock breakwater and concrete cap. Repairs consist of demolishing existing,damaged concrete cap,repairing rock breakwater,and installing a new,wider concrete cap. Justification Consistency with the Comprehensive Plan:Policy Statements pg.48:3&6 Expenditures 2019 2020 2021 2022 2023 Total Construction/Rehab 930,509 2,450,000 900,000 4,280,509 Inspection 350,000 50,000 400,000 Contingency 100,000 50,000 150,000 Total 930,509 2,900,000 1,000,000 4,830,509 Funding Sources 2019 2020 2021 2022 2023 Total Type A/13 Sales Tax 930,509 2,900,000 1,000,000 4,830,509 Total 930,509 2,900,000 1,000,000 4,830,509 Budget Impact/Other There is no operational impact with this project. 482 Capital Improvement Plan 2019 thru 2023 City of Corpus Christi, Texas Project# E16321 Project Name McGee Beach Nourishment/Boat Basin Dredging Type Reconditioning-Asset Longevit Department Health&Safety Other Useful Life 25 years Contact Director of Engineering Category Site Improvements Priority 2 Critical-Asset Conditionuonge Status Active Description' " -- Proposed improvements consist of dredging shoaled areas within Marina. Dredge material may be used to re-nourish McGee Beach if dredge material quality matches or exceeds existing material at McGee Beach and if beach re-nourishment is needed. A wider beach helps the seawall survive a storm of longer duration or greater intensity and maintains access within Marina. Justification Consistency with the Comprehensive Plan:Policy Statements pg.48:3&6 Expenditures 2019 2020 2021 2022 2023 Total Construction/Rehab 1,100,000 3,200,000 4,300,000 Inspection 50,000 200,000 250,000 Design 100,000 100,000 Contingency 50,000 50,000 Total 1,200,000 3,500,000 4,700,000 Funding Sources 2019 2020 2021 2022 2023 Total Type A/B Sales Tax 1,200,000 3,500,000 4,700,000 Total 1,200,000 3,500,000 4,700,000 Budget Impact/Other There is no operational impact with this project. 481 PORT OF CORPUS CHRISTI AUTHORITY LICENSE FOR DEPOSIT OF DREDGED MATERIAL THIS AGREEMENT,is made and entered into effective as of ,2020("Effective Date") by and between the PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TEXAS, a political subdivision of the State of Texas,with offices at 222 Power Street, Corpus Christi, Texas 78401 ("Authority") and CITY OF CORPUS CHRISTI, a political subdivision of the State of Texas,whose address 1201 Leopard Street,Corpus Christi,Texas 78401 ("Company"). WITNESSETH I Company has requested Authority to allow it to use the Authority placement facility known as Rincon B West Dredge Material Placement Area, which is located in Nueces County, Texas, for deposit of dredged material taken from Company's mooring facilities and slip for such dock area being outside the limits of the Federal ship channel. Company has advised Authority that approximately 39,550 cubic yards of dredged material will be deposited in the Rincon B West Dredge Material Placement Area. II To facilitate the Authority's review of the Company's dredging project,two(2)sets of formal plans that clearly delineate the area to be dredged must be submitted for approval. The drawings must be prepared on a standard engineering format(11"x 17" drawings)and show all physical features and improvements in and around the area to be dredged and must be signed and sealed by a Professional Engineer registered in the State of Texas.A detailed site plan(minimum 1"=50'scale)depicting the location and physical layout of the area to be dredged, adjacent docking facilities, property lines, federal channels, bulkhead lines, existing channel depth elevations, etc., is also required. The site plan must also clearly show the bottom of cut line and top of slope line of the planned dredging. Company is responsible for obtaining permission to dredge on adjacent property not owned by Company. This includes side slope excavation. Authority's approval of Company's plans may never be construed as permission by Authority to dredge on adjacent property not owned by Company. Moreover, Authority's approval of Company's plans, may never be construed as a representation by Authority that such plans are the best method to be used for the placement of dredge material. Company must provide copies of all necessary federal and state permits prior to use of Authority's dredge material placement areas. III Authority hereby grants to Company permission to deposit dredged material in the Rincon B West Dredge Material Placement Area, conditioned that Company pay to Authority: (i) an Application Fee of$500.00; (ii) the sum of$4.71 per cubic yard of dredged material deposited into Rincon B West Dredge Material Placement Area, for Authority depletion fees; and(iii)the sum of$3.00 per cubic yard of dredged material deposited in the Rincon B West Dredge Material Placement Area,to 1 Updated as of 03/20/2020 replenish capacity, for a total fee of$7.71 per cubic yard of dredge material placed into Rincon B West Dredge Material Placement Area. Company agrees that prior to commencing the deposit of any material under this license it will: (a) submit prepayment to Authority, equal to 90% of the estimated quantity of material to be dredged and placed in the Rincon B West Dredge Material Placement Area associated with(ii)and(iii) above; (b) attend a pre-construction meeting at PCCA Administration Office,222 Power Street;and(c)receive written approval of Authority's Director of Channel&DMPA Development(a"Notice to Proceed")which approval may specify both when and under what conditions the work may be performed. IV Not later than thirty (30) days after dredging work at its dock area is completed, Company will provide Authority with (a) copies of cross sections made from soundings taken before and after dredging operations in Company's dock area and (b) a copy of the invoices from the dredging company performing the dredging work for Company which must state the amount of dredged material removed. Soundings for said cross sections will be taken along lines which are transverse to the dredging limits and not more than 100 feet apart with minimum 1" = 10' vertical and 1" = 50' horizontal scales. The cross section drawings must clearly show the existing bottom profile and the proposed dredge line with back slope and also any bulkhead lines, property lines, federal channel lines, allowable overdredge lines, etc. In addition to the drawings, Company will also provide Authority with a CAD file (compatible with Authority's software) of the drawings to facilitate determination of yardage to be billed. The actual yardage to be paid shall be determined by the method designated as "average-end area" or quantities stated on the dredging contractor's invoices whichever,in the judgment of the Authority's Director of Channel&DMPA Development,reflects the correct volume of material deposited in the Rincon B West Dredge Material Placement Area. Once final quantities are determined,a final invoice will be prepared and sent to Company to which the prepayment will be applied.In the event that final dredge quantities are less than the prepayment quantity, the Authority will send a refund check to cover overpayment. If, due to no fault of the Authority, Company does not use Rincon B West Dredge Material Placement Area for placement of any dredge material allowed under this agreement,the prepayment will not be refunded but may be applied to Company's future prepayment(s)under other Authority agreements for use of this or other Authority dredge material placement areas. V The Rincon B West Dredge Material Placement Area, is provided to Company "As Is, Where Is" and Company shall,by whatever method it alone chooses,determine the condition of the Rincon B West Dredge Material Placement Area,and related levees and spillways,and shall make such repair or modifications of the same as are necessary to accommodate the material and effluent from Company's dredging. The Authority does not make any warranty, expressed or implied, that the Rincon B West Dredge Material Placement Area is in condition to receive or accept the material to be deposited by Company.If Company,after inspection and/or evaluation of the DMPA deems the DMPA is unsuitable for Company's use and chooses not to make repairs or modifications per this Section, Company has the right not to use the DMPA and terminate agreement. 2 Updated as of 03/20/2020 VI COMPANY ASSUMES FULL RESPONSIBILITY TO AUTHORITY FOR THE PROPER PERFORMANCE OF THE DREDGING OPERATION CONDUCTED BY COMPANY AND ITS DREDGING CONTRACTOR AND FOR DEPOSIT OF DREDGED MATERIAL BY COMPANY'S DREDGING CONTRACTOR IN THE RINCON B WEST DREDGE MATERIAL PLACEMENT AREA,IN ACCORDANCE WITH THE PROVISIONS OF THIS AGREEMENT. COMPANY AND ITS DREDGING CONTRACTOR SHALL CONFORM TO THE DIRECTIONS OF THE DIRECTOR OF CHANNEL&DMPA DEVELOPMENT FOR AUTHORITY,IF ANY ARE GIVEN,IN ALL MATTERS RELATING TO THE DEPOSIT OF DREDGED MATERIAL IN THE RINCON B WEST DREDGE MATERIAL PLACEMENT AREA,AND THE PROPER USE, CONSTRUCTION AND MAINTENANCE OF LEVEES, DIKES, OR DRAINS WHICH ARE NECESSARY IN CONNECTION WITH THIS WORK. COMPANY FURTHER AGREES TO DEFEND,INDEMNIFY AND HOLD AUTHORITY HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS,DEMANDS,CAUSES OF ACTION AND LIABILITIES OF ANY NATURE (INCLUDING COURT COSTS AND FEES AND EXPENSES OF ATTORNEYS, ENGINEERS AND OTHER CONSULTANTS INCIDENT TO INVESTIGATION AND DEFENSE)THAT MAY ARISE BY VIRTUE OF THE COMPANY'S DEPOSIT OF DREDGED MATERIAL UNDER THIS AGREEMENT OR THE EXERCISE BY COMPANY OF ANY OTHER PRIVILEGES HEREBY ACCORDED. COMPANY HEREBY WARRANTS THAT THE MATERIAL TO BE DREDGED AND PLACED IN THE AUTHORITY'S RINCON B WEST DREDGE MATERIAL PLACEMENT AREA, IS NOT A HAZARDOUS MATERIALS (AS THAT TERM MAY BE DEFINED BY FEDERAL OR STATE OF TEXAS LAW, STATUTE, OR REGULATION). COMPANY AGREES THAT IF SAID MATERIAL IS LATER FOUND TO BE HAZARDOUS,IT WILL BEAR, MUST PROPERLY REMEDIATE, AND PAY ALL COSTS OF REMEDIATION REQUIRED BY FEDERAL OR STATE OF TEXAS LAW,STATUTE,OR REGULATION,COST FOR REMOVAL AND/OR TREATMENT AS REQUIRED. THE OBLIGATIONS OF THE COMPANY UNDER THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. VII This license is issued subject to the rights of Authority. If necessary, the Director of Channel & DMPA Development may stop or delay the work to allow Authority's prime dredging contractor to perform higher priority work and to deposit material into the designated dredge material placement area. Authority may stop or delay the work if Authority is required to cease operations by order of any court or governmental entity.In the event the Authority stops work or delays work for a period in excess of 120 days, or Company is required to cease operations by order of any court or governmental entity for a period in excess of 120 days,this Agreement maybe terminated by either Parry, and final payment shall be calculated pursuant to Section IV. VIII Payments for the material deposited in the dredge material placement area shall be made to Port of Corpus Christi Authority at its offices at 222 Power Street, or by mail to P.O. Box 1541, Corpus Christi, Texas 78403. 3 Updated as of 03/20/2020 IX (INTENTIONALLY OMITTED) 4 Updated as of 03/20/2020 X Company and its contractor(s)shall satisfy the insurance requirements attached to this Agreement as Exhibit A. Prior to commencement of dredging or any related activities authorized under this Agreement,the Authority shall be furnished with Certificates of Insurance describing the policies and limits therein. The Certificates of Insurance will be provided to the attention of the Risk Program Manager for review and approval. If Company fails to maintain all or any part of the polices,then its privileges shall be temporarily suspended until such policies have been reinstated. XI This license is effective upon the Effective Date and will terminate upon (i) completion of Company's dredging project or(ii) 120 days from the Notice to Proceed,whichever occurs first. No dredging work may be performed until this agreement has been executed by both the Authority and the Company. EXECUTED in duplicate as of the Effective Date. CITY OF CORPUS CHRISTI By: Date: PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY TEXAS By: Date: 5 Updated as of 03/20/2020 EXHIBIT A INSURANCE Without limiting the indemnity obligations or liabilities of Company or its insurers,provided herein, Company agrees to carry and maintain at its sole expense policies of insurance ("the Policies") of the types and in the minimum amounts as follows: TYPE OF INSURANCE LIMITS OF LIABILITY A. Workers' Compensation Statutory B. Employer's Liability $500,000 per Occurrence $500,000 Aggregate C. Commercial General Liability $1,000,000 per Occurrence $2,000,000 Aggregate The CGL Policy will provide contractual liability coverage at the aforementioned limits. D. Business Automobile Liability $1,000,000 per Occurrence Automobile liability insurance coverage will include all owned, non-owned, and hired vehicles. E. Umbrella Liability $5,000,000 per Occurrence Umbrella liability coverage will apply to Employer's Liability,Commercial General Liability, and Business Automobile Liability. F. Pollution Liability $2,000,000 per Occurrence G. Protection & Indemnity (P&I) $1,000,000 per Occurrence Company's dredging contractor shall carry and maintain Protection & Indemnity Insurance with respect to bodily injury and/or property damage arising from marine operations. The Authority Parties shall be designated as an additional insured either by blanket additional insured or a specific endorsement. Each policy must contain an endorsement to the effect that the issuer waives any claim or right of subrogation to recover against the Authority, its Port Commissioners, officers and employees ("Authority Parties"). Additionally, the Authority Parties shall be designated as an Additional Insured either by a blanket additional insured or a specific endorsement on all policies, except for Worker's Compensation and Employer's Liability. In the event that the work of 6 Updated as of 03/20/2020 Company's employees fall within the purview of the United States Longshoremen's and Harbor Workers' Compensation Act,the Jones Act or the Federal Employer's Liability Act,Company shall extend its insurance coverage to provide insurance against the liabilities imposed under the applicable Act or Acts. Each policy,except Workers' Compensation must contain an endorsement that the policy is primary to any other insurance available to the Additional Insureds with respect to claims arising under this Agreement. The insurance required as listed above in subsection A, B, C, D, F & G shall apply to any contractor or subcontractor performing for or on behalf of Company, and Company shall ensure that any such subcontractor is aware of and is in compliance with the insurance requirements during any period such contractor is performing work under this Agreement. The minimum insurance required may be increased periodically upon request by Authority to commercially reasonable limits. The company writing each of the Policies must possess a current rating with A.M. Best Company of at least"A-, VII". Company's liability shall not be limited to the specified amounts of insurance required herein. 7 Updated as of 03/20/2020 SC �o w h �� O F v AGENDA MEMORANDUM NOflPORPY�'� xss2 Action Item for the City Council Meeting of June 15, 2021 DATE: June 15, 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/Street Operations richardm5@cctexas.com (361) 826-3419 Heather Hurlbert, Finance & Business Analysis Heatherh3@cctexas.com (361) 826-3227 Construction Contract Award Brawner Parkway — Kostoryz Road to Carroll Lane (Bond 2018, Proposition A) CAPTION: Ordinance awarding a construction contract to J. Carroll Weaver, Sinton, TX, for the reconstruction of Brawner Parkway from Kostoryz Road to Carroll Lane, located in Council District 2, with new asphalt pavement and utility improvements in an amount of $3,728,417.66, with FY 2021 funding available from the Streets Bond 2018, Storm Water, Wastewater, Water, and Gas Funds, and amending the FY 2021 Capital Budget. SUMMARY: This item awards a construction contract to J. Carroll Weaver for the reconstruction of Brawner Parkway from Kostoryz Road to Carroll Lane.The construction will include new asphalt pavement, curb and gutter, driveways, ADA-compliant pedestrian improvements, pavement markings, signage, street lighting improvements and utility improvements to water, wastewater and stormwater. BACKGROUND AND FINDINGS: Brawner Parkway from Kostoryz Road to Carroll Lane is classified as a parkway roadway, 0.51 miles in length with a grassed channel drainage ditch in the center dividing each side of the roadway. This section of the street was originally constructed in 1955. In 1989 a sealcoat was performed and in 2001 City Public Works crew completed a re-habilitation project. The proposed project will maintain the same roadway width while providing a new asphalt pavement, curb and gutter, driveways, ADA-compliant pedestrian improvements, pavement markings, signage, traffic signal improvements, storm drainage improvements, watermain improvements, wastewater improvements and gas main improvements. The roadway section provides access to Baker Middle School, Berlanga Elementary, and two churches located near the intersection of Brawner Parkway and Kostoryz Road. City staff have notified the stakeholders of the upcoming project and will coordinate with them throughout the project schedule to minimize the impact to their operations. PROJECT TIMELINE: 2020 2021 202 JJF J J SON J F J J S1 0 NJ 0 JI F � Jli Design 41 Bid Construction Project schedule reflects City Council award in June 2021 with anticipated completion in July 2022. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Bids. On April 30, 2021, the City received five bids for Base Bid I (Asphalt)and four bids for Base Bid II (Concrete). A summary of the bids is provided below: CONTRACTOR BASE BID I BASE BID II (ASPHALT) (CONCRETE) J Carroll Weaver $3,728,417.66 NO BID MAX Underground Construction $3,759,783.40 NO BID Bay Ltd $4,377,000.00 NO BID Reytec Construction Resources NO BID $4,407,942.10 Mako Contracting $4,550,691.01 $5,386,774.60 Clark Pipeline Services $5,310,606.69 NO BID JE Construction Services, LLC $5,421 ,841.90 $5,928,248.00 Engineer's Opinion of Probable Cost $5,641,000.00 $6,799,100.00 City Council Policy 28 provides guidelines for awarding bids when projects are designed with alternative concrete and asphalt pavement sections. Per City Council Policy 28, an award recommendation for concrete pavement is made if the additional construction cost for the concrete bid does not exceed $125,000/lane-mile or $17.76/square yard (SY) over the total construction cost for the asphalt pavement bid, majority of the subgrade is with a Plasticity Index of greater than 30 and consideration to the adjacent pavement section to provide uniform surface type. This Brawner Parkway project contains 2.22 lane-miles or 15,631 SY of new pavement. The total construction cost differential between the low concrete bid and the low asphalt bid is$679,524.44. Dividing the bid differential by the surface area of new pavement yields $306,049 per lane-mile or$43.47 per SY.That cost differential is 245% of the differential cost that Council Policy 28 would allow paying to get the higher cost concrete pavement alternative. Also, the Plasticity index of the street is between 9-46 and the adjacent pavement section to this project limits is asphalt. Based on the Council Policy, staff recommends awarding J Carroll Weaver Base Bid I for asphalt pavement. ALTERNATIVES: The alternative is not to award construction contract to J. Carroll Weaver, and this would delay the project and conflict with City Council's goal to expedite street projects. FISCAL IMPACT: The fiscal impact in FY 2021 is an amount of $3,728,417.66 with funding available from Streets Bond 2018, Storm Water, Wastewater, Gas and Water Funds. The Capital Improvement Program (CIP) project page and Capital Budget will be amended to include the updated project costs. The funding from the previous CIP and Capital Budget was erroneously excluded. The revised CIP page is included for reference. The project will have savings. 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 in the CIP are budgeted in an amount of$3,728,417.66. Fund: ST2020 BD 18 P1 (Fund 3556) Mission Elem: Street Pavement Maintenance (051) Project: Brawner Parkway— Kostoryz Road to Carroll Lane (18008A) Account: Construction (550910) Activity: 18008-A-3556-EXP Amount: $2,222,747.68 Fund: Storm Water 2021 (Fund 4533) Mission Elem: Storm Water Drainage (043) Project: Brawner Parkway— Kostoryz Road to Carroll Lane (18008A) Account: Construction (550910) Activity: 18008-A-4533-EXP Amount: $492,325.08 Fund: Water 2020 (Fund 4099) Mission Elem: Water Distribution System (041) Project: Brawner Parkway— Kostoryz Road to Carroll Lane (18008A) Account: Construction (550910) Activity: 18008-A-4099-EXP Amount: $618,940.95 Fund: WW Capital Resv (Fund 4258) Mission Elem: Wastewater Collection System (042) Project: Brawner Parkway— Kostoryz Road to Carroll Lane (18008A) Account: Construction (550910) Activity: 18008-A-4258-EXP Amount: $378,980.25 Fund: Gas 2015 Bond (Fund 4561) Mission Elem: Gas Distribution System (022) Project: Brawner Parkway— Kostoryz Road to Carroll Lane (18008A) Account: Construction (550910) Activity: 18008-A-4561-EXP Amount: $15,423.70 RECOMMENDATION: Staff recommends awarding construction contract to J. Carroll Weaver for reconstruction of Brawner Parkway from Kostoryz Road to Carroll Lane in the amount of $3,728,417.66 for the asphalt pavement with construction duration planned for 13 months from issuance of the Notice to Proceed with construction starting in July 2021. LIST OF SUPPORTING DOCUMENTS: Ordinance Location Map Bid Tabs CIP Pages Ordinance awarding a construction contract to J. Carroll Weaver, Sinton, TX, for the reconstruction of Brawner Parkway from Kostoryz Road to Carroll Lane, located in Council District 2, with new asphalt pavement and utility improvements in an amount of $3,728,417.66, with FY 2021 funding available from the Streets Bond 2018, Storm Water, Wastewater, Water, and Gas Funds, and amending the FY 2021 Capital Budget. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi FY2020-2021 Capital Budget adopted by Ordinance No. 032203 is amended to increase revenues and expenditures by $1,760,878.00 SECTION 2. The City Manager or designee is authorized to execute a contract with J. Carroll Weaver of Sinton, Texas, in the amount of$3,728,417.66 for the Brawner Parkway from Kostoryz Road to Carroll Lane Reconstruction Project. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Project � ,�, �, ti _ � DAYTONA Location Map WYNWOOD KOSTORYZ P ; � CASA DE ORO ,.Y . O V CASA GRANDE RANDALL Z W N �QQ O O LAURA Y N � � Z _ � BENTON O KIRKWOOD Z m MORAVIAN CRANE p V O N W Z a a O O � CARROLL PROJECT NO. 18008A Brawner Parkway - ` CITY COUNCIL EXHIBIT Kostoryz Road to CITY OF CORPUS CHRISTI,TEXAS Carroll Lane DEPARTMENT OF ENGINEERING SERVICES TAB CRN OF CORPFFS CHRISTA, AND PROCUREMENT BID DATE:FR, 1112,2021 R=-Ell PAR,_CA-11 FARE TO ICIICIII ROAD I NFAX INIIRIlllNl CINITRICRIN 11 TO, =1 ACIRRI CIARK PIPURNE SIUVICIS RE CONSTRUCTION SIRVICIS RlYTOC CONSTRUCTION RESOURCES,INC. BOB,3537 SINTON,TK 78387 CC,TERAS-27 CC,TX 78- C,'X 7E411 CCTX 784ED CC IEKAS- HOUSTON,TK 77CRC IFIND CRY UNIT ED -UNT UNIT ED -UNT UNIT ED -UNT UNIT ED A.- UNIT ED -UNT UNIT ED -UNT UNIT ED -UNT .RTA CINIRAI BASE BID 1NHMAC ox 1-11 vnxrnl A, 1$ aD $ aD $ aD $ aD $ a $ a $ 3Q.D. $ 3Q.D. $ aD $ aD $ aD $ xcl I-"FRU) A, 1$ 2Q.D. $ 2Q.D. $ aD $ aD $ aD $ aD $ aD $ aD $ 7Q.D. $ 7Q.D. $ R%CRD. $ s$ a $ aD $ aD $ aD $ aD $ 118,54C.00 $ aD $ a $ a $ aD $ aD $ -NI Al a$ a0 $ a $ a0 $ a $ a0 $ aD $ a0 $ a0 $ a $ aD $ a0 $ 1-11 Az$ a $ a $ a0 $ a $ 66C.. $ a $ a $ a $ a $ a $ a $ 1$ aD $ aD $ aD $ aD $ a0 $ aD $ aD $ aD $ aD $ aD $ a0 $ 1$ aD $ aD $ aD $ aD $ aD $ aD $ aD $ aD $ aD $ aD $ aD $ _S Dlmslswrpxanx-..Mxnxxll¢ixa -) 1z$ M $ a $ a $ aD $ . $ a $ a $ aD $ a $ . $ a $ -9 nxo I.-xlnos,US, - n xn11ti•4sr xs oxsl VlxKuuOvlolsmwx 1z$ ao $ a $ ao $ ao $ a $ aD $ a $ 6Q.D. $ a $ ED $ ao $ 1v,4Paa.aa 4$ aD $ ED $ aD $ aD $ aD $ a0 $ aD $ aD $ a0 $ a $ a0 $ HE L20 SI1a$ a4 $ 4a $ a $ aD $ a $ aD $ a $ a0 $ D $ a0 $ D $ m$ 2 $ 10,020.40 $ 50 $ a $ ao $ aD $ 5 $ 10ABD.aa $ 9D $ ao $ 2a S z2$ 5D $ D $ ao $ a S aD $ a S . $ a $ ao $ 19ASa.aa $ aD SED I$ a0 S D $ a0 S aD S aD $ a S a0 $ a0 S a0 $ a S aD $ 1$ a0 $ aD $ aD $ aD $ aD $ aD $ aD $ aD $ aD $ aD $ aD $ 5 5 5 5IS7,76A. 5 1.1Box 1-'.PART A, 1$ aD $ aD $ R%CRD. $ R%CRD. $ m $ m $ 7Q.D. $ 7QRFF0.W $ a $ a $ aD $ III,$ 1C.43 $ 191XI.90 $ 12.. $ 227,664M $ FIRE, $ 2C2,692M $ D $ D $ a $ SI III,$ 1 $ 2 $ a $ a $ 4a $ B $ 5 $ a ED $ $ 614C2.. $ 2.50 $ EASE INA,101-z1 n$ 2 2 $ a 4 $ $ 3maa A00. $ 329 D $ A4D.DD $ 329 D $ A4D.DD $ a D $ $ a $ 3mA00:a $ SD 2 $ 28559 e2 $ S SD $ aD $ ao $ 1 $ 1 $ w $ m $ SD $11111 PNIII- u0 131 aRF15an1/SI) 4s$ 9D $ 5D $ 6.21 $ 5 $ m $ aD $ 3.22 $ a S w S ao S SD $ ncvlrvvl of I.E.11-.1 31$ a $ a $ a $ 2MAss.aa $ a $ a $ 3 $ 222,429.13 $ 5 $ 5 $ a $ 281,358.0 1 ncvlrvvl el-1 muxsl 31$ 16.72 $ 261,350.32 $ 22.. $ 343,002.00 $ a $ 265,727M $ 1 $ 311,213.21 $ 3T6T$ a $ a $ 328,25- v.-AR -sl SI III,$ 94 $ 74,749.6A $ aD $ aD $ n $ m $ 41 $ ao $ 9.. $ 102,022.00 $ a $ -lI-I nl 11 11-$ 29 $ 112SSIM $ R.. $ aD $ 24.. $ a $ sa $ aD $ 13.9C $ 159,Bsa.aa $ ii.. $ 126,50.0 -11-1 x111 11 20$ 9.7B $ 11,112 vA $ sa $ 9,163M $ 2S.. $ 3QlR4.. $ la. $ lQ7EFF. $ 11.7C $ m $ 12.. $ u00lrw1 el 11 sa$ C.R, $ 2,112 IC $ a $ a $ RR. $ a $ a $ a $ 72.1C $xa $ a $ sa$ 3 $ aD a $ $ a $ a $ a $ a0 $ a0 $ a $ a $ a0 $ a0lrw 1) m$ 5 $ a $ a $ a $ ao $ ao $ a $ a $ ao $ ao $ a $ 3z$ 5 $ a $ aD $ 4A83.aa $ aD $ aD $ a $ 2A... $ ao $ 12,04a.aa $ a $ I$ a $ aD $ a $ aD $ a $ aD $ 2,915.00 $ a0 $ a $ aD $ a $ rvM Ih 14'111 eU lsouo11a9arniU zn$ 1 $ $ $ ao $ Bo $ $ 2 $ $ $ Rmw $ ao $ FBI 1M14^I IBERIFEarnxl IF USE,$ C.71 $ 741.SC $ IRS $ Sa $ D. $ ao $ C.72 $ ao $ D. $ aD $ ao $ ry IlwlVFRRlla9ornnl 31 S se S 0 S 5 S 5 S BD S a S 9 S 9 $ vA $ 3,Ba0.a4 $ ao $ ry IIw110^I lsouDlla9arnnl 1s$ 5 $ 5 $ sa $ 5a $ m $ aD $ 5 $ 5 $ ao $ . $ ao $ nED P cN+110 OR lmpllz LP)lEFCllEo RE 1,$ 22RC $ 271.2C $ 22.. $ 264.. $ a $ aD $ a $ ao $ 2S.. $ ao $ 2S.. $ zs$ 22RC $ aD $ 22.. $ aD $ a $ a0 $ a $ a0 $ 2S.. $ M. $ 2S.. $ M. z$ 11.3C $ 22RC $ ii.. $ 22RC $ 13.3C $ 26RC $ a $ a $ 14RC $ 2S.. $ a $ 1a$ 11.3C $ aD $ ii.. $ aD $ 13.3C $ a0 $ a $ a0 $ a $ im.. $ a $ az$ 11.3C $ 926.60 $ ii.. $ 9C2.. $ 13.3C $ 1D.RC $ a $ a0 $ a $ a $ a $ 11$ 79.1C $ 1D2E.3C $ a $ a $ 46C.. $ a $ R2RC $ 1D73BC $ a $ 1,274M $ a0 $ n FIBRII elvlrxwN""suvansE�w.11c swxnxo swx suvvoCA 1$ 649.75 $ aD $ a0 $ aD $ 77C.. $ aD $ 67E.SC $ a0 $ a0 $ aD $ a0 $ 1$ a0 $ aD $ a0 $ aD $ a0 $ a0 $ a0 $ 9a0 $ a0 $ a0 $ a0 $ 5 5 5 5 5 5 PART I IDI EMENTI RRATIN 5T 1) a1 a a $ $ a $ aa $ a $ 4a $ . $ ED $ IT.NT RE IIDEI $ 2 $ $ aAsaa $ 5 $ 152,447M�a $ a $ a $a a 252182,548.0 BID Da,E FUJ,iI2,2021 NRA..IR1.RRVCARR.111.1111DR11BOA. I CARRO11 WIER UNDERGROUND CONSTRUCTION ID. MABO CONTRACTING CIARK FREDDIE SERVICES IF CONSTRUCTION SERVICES RCYTEC CONSTRUCTION RESCRURROES,INC. PROJECT 10.lEFRRA 211 WEST WEIDER ST. 3729 COUNA IN. 401 CORI PRODUCTS RD. 3636 SA-Id.,#E153 6229 DEOPARD ST. 7%5 UP RIVER RD. -1 HOIDSTER JUNIT CRY BASE BIDI DESCRIPTION HMA[ as$ 1 $ a $ a $ a $ a $ a 4PRAMOUNT ;4,E... gPBAMOUW a $ a $ BAao.aaNET cry,)STA 1D)�111B)B PBEwxrnwsz$ 6 $ 2 $ a $ m $ a $ 1Aa4.aa .aa $ a $ 1A56.aasD$ 2 $ a $ a $ a $ a0 $ a0 a $ a $ III Usa$ 3 $ a $ sa $ a $ a $ a .aa $ aT6APRVVEWNTI 1$ a0 $ m $ a0 $ a0 $ a0 $ a0 a0 $ a0 $ SUFFERI-PNIFTI-IMP-IME.. 5 5 5 ox Rx 11 MET of 1$ a $ a $ a $ a $ a $ a .aa $ a $1z$ a $ a0 $ a $ a0 $ a $ a0 a $ a0 $ -1 IIAV IR PED DETECT Pusx Burma lSPs)w/x1a1E SCNFS 1z$ 791.. $ 9A92.aa 1$ 761.. $ a $ a $ a0 $ a $ a0 $ a $ m $ a $ air lR-1) 1$ 4,R19.. $ 4,R19.. $ a $ a $ PA... $ TPA... $ a $ a $ a $ a $ a $ oEx INS E ) CI z$ sa $ 1,243M $ 60F.. $ a $ . $ a $ 22E. $ 416.00 $ 266.00 $ 132.00 $ . $ oEOlix-ExrxrOw) El 1$ sa $ 7M.SC $ a0 $ a0 $ a0 $ 97D. $ 27D. $ 27D. $ 311.00 $ 311.00 $ a $ lRCFRC -2PIT lixcwDE wsSBExwvE SxD REPLACE CXISD.0 RPS 1.FN1INC CSBNE1 E' F.$ 9,266M $ 9,266M $ a $ a $ a0 $ a0 $ a $ ERM.. $ a0 $ a0 $ a $ 1$ a $ a $ a $ a $ a $ a $ 5P44.aa $ 5P44.aa $ 16,910.aa $ 16,910.aa $ a $ -9 wEx/mrnrn 11 1MI SBSxD xn)ix wDEsv so C ueu:Sxonxr[xxS enacKEr swE COVER 1$ 6,531.40 $ 6,531.40 $ a $ a $ a $ a $ 6,04a.aa $ a $ 7,9EFF. $ 7,9EFF. $ a $ 1$ a5 $ a $ a $ a $ a $ a $ a $ a $ a $ a $s as s sa93a.ao s aaaa.m s s 1 El o PN�-51 MET El 1$ a0 $ a0 $ a0 $ a0 $ a $ TIFF.. $ a0 $ a0 $ a0 $ a0 $ a0 $ RIP 11-1111) LF 435$ 73.54 $ 90 $ 71.. $ 32,625.00 $ a0 $ a0 $ 172.5l $ 75,037.% $ 193.1C $ w $ 17D. $ RIP i1-11n LF 55$ E2.49 $ 4,536.95 $ RE.. $ 7EM.. s 35F.. $ a0 $ a0 $ a $ 204.77 $ aIPl1-110 s $ a0 $ z0$ 2 $ 2 $ a0 $ a $ a0 $ a0 $ a0 $ a $ 6 $ 16A52.36 $ 2M.. $ 1$ 0 $ 0 $ a $ a $ a $ a $ 2,915.aa $ 2,915.aa $ 1,586.67 $ 1,586.67 $ a $ 1 DI TIE IN T.1I.P.ID INLET FS R$ s $ m $ a $ a a $ $ a0 $ a0 a $ $ 2Asa.aa $ ao $ a $ za$ 3A55.32 $ M $ a $ ao $ 'A... $ a $ lQ36C.. $ 2C7,2CCCC $ a $ 102,200M $ a $ 1 OR R I.RBINUCT 0' z$ 1,300DI $ a S a S 1 S 9Aa0.aa S ao $ a0 $ m $ a $ m $ a $ 11$ 2 $ 1 $ a $ Cl $ a S a0 $ 5,376M $ a0 $ 4,332M $ 56,316.00 $ 2Aa0.aa $ z$ 2,15F.25 $ IT.10 $ a $ a $ a $ a $ 2,E... $ IRCF.. $ 791.. $ a $ a0 $ 1$ 12,678.90 $ 12,678,SS $ a $ a $ 13,EFF0.00 $ a0 $ a0 $ M $ a0 $ a0 $ 9Pa0.aa $ 9Pa0.aa u$ 6 $ 6 $ a $ a $ a $ 21 a $ a $ a $ a $ a $ a $ 1 Ell IRNIRETE RIP ESP IF sa$ 2 $ a $ a $ a $ a $ 4,E..aa $ a $ a $ 3 $ a $ a $ L LF 11$ I.. $ 4,62BAR $ 4.00 $ a $ l.. $ 716.. $ w $ 2,057.20 $ I.. $ 1A33.6a $ a0 $ - s NETSEEry w0sro0rn wnrEO rnx,luxnpx Box,Sxo FS z1$ 33S.. $ a $ 35C.. $ a $ a0 $ a0 $ a $ 25,760.00 $ a0 $ a0 $ a0 $ 1$ a0 $ a0 $ a0 $ a0 $ a0 $ a0 $ a0 $ a0 $ a0 $ a0 $ a0 $ 5 5 5 5 5 5 1 IF ox Rx 1.MET EI L 1$ a0 $ a0 $ a0 $ a0 $ a $ a $ a0 $ a0 $ a0 $ a0 $ a0 $ CA B$ 32A33.3a $ w $ a $ a $ a $ a $ a $ ao $ a $ a $ a $ -RUNE IDE ll)x ws$ a $ 25C,912.1C $ IF.. $ a $ a $ 29R,115.0 $ 72.EC $ 335,244M $ 96.07 $ 442Aa2.35 $ a $ 437A25.0 11$ 6ERI $ 36,590.45 $ a $ 37,310.00 $ a0 $ IS,63D. $ 173.60 $ w $ 152.S3 $ 9 $ 271.. $ 146,575.0 1 F5 111-1 Dl END FS 1II$ > $ 2 $ a0 $ a0 $ a0 $ a0 $ m $ a0 $ a0 $ a $ a0 $ z$ 6 $ 2 $ ao $ a $ a0 S a $ a0 $ 11A56.aa $ ao $ a0 $ a0 $ 716.00 1 F7 11.PUR FS 1$ a $ a $ a0 $ a0 $ RD $ a0 $ a0 $ a0 $ 311.00 $ 311.00 $ 35C.. $ -RUNE IDE 101 LF 1.$ 125.13 $ 5a $ a $ a $ ERRC $ a0 $ 91.2C $ a0 $ lF2.E3 $ 5a $ a0 $ 1$ 6 $ 6 $ a $ a $ a $ a $ 2,920.22 $ a $ a $ 11P9a.aa $ a $ IN CUN.RCTBN El 1$ 2,925.22 $ 2,925.22 $ a $ a $ a $ a $ a $ a $ a $ a $ a $ - z$ 5 $ a $ a0 $ a $ a0 $ a $ m $ a $ 2a $ 4a $ a0 $ 1$ 2 $ > $ a0 $ 65C.. $ a0 $ a0 1$ 1164.. $ 1164.1 $ 146.00 $ 21L.' a0 $ a0 $ z$ sA24.aa $ ao $ 3,Bsa.aa $ a $ a $ ao $ a $ a0 $ sPla.aa $ ao $ ao $ BID DATE FUJ, H2,=0= PRA—DI.— I CARR011 WI—ED UNDERGROUND CONSTRUCTION ID. MABO CONTRACTING CIARK PIPEUIE SERVICES A CONSTRUCTION SERVICES RCCTEC CONSTRUCTION RESDUROES,INC. PROJECT 10.1—A 211 WEST WEIDER ST. 3729 COUNA IN. 401 CORI PRODUCTS RD. 3636 SA--,#E153 6229 DEOPARD ST. 7%5 UP RIVER RD. —HOIDSTER JUNIT CRY UNIT PR A OUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT BASE BID 1 DESCRIPTION HMA[ i$ 2a $ 2a $ m $ m $ a $ a $ ED m $ m $ m $ m $ m $ 204.00 eRiv mrvE it is$ 4 $ 4a $ a $ m $ a $ m $ a $ m $ a $ m $ 6Pa0.aa $ 41,596.5) i$ a $ a $ a $ a $ a $ a $ a $ a $ sA9s.4a $ 45A9s.4a $ a $ C$ . $ 'A... $ ao $ a $ a $ . $ . $ a $ 00 $ 3A44.00 $ Oo $ w/s0our u$ 6 $ 6 $ a $ m $ a $ m $ a $ m $ a $ m $ a $ V$ E4.75 $ $ 2 $ m $ 00 $ 4a $ 40A03.i0 S rA $ 4 S . $ 40 $ m $ RES RR m ExHnxs) $ 5 $ a $ m $ a $ a $ a $ m $ a $ a $ a $ $ $ m $ m $ m $ m $ m $ m $ m $ m $ m $ m $ 5 5 5 5 5 5 pox I—ID vAxr sl 5 m $ m $ m $ a $ R $ ao $ ao $ . $ . $ . $ $ a $ a $ a $ a $ a $ a $ a $ 3 $ 3 $ a $ 3 IXlUP wx lxovIAl E P'. ool�r[wnnRsw.vm uxE ev vi 5 2a>P91.15 $ a $ a $ m $ a $ 6 $ 0 $ 5 $ 5 $ m $$ EA75.00 $ a $ a $ a $ a $ a $ a $ ao $ ao $ . $S 00 S m S . S . S 00 S . S 00 S lSAM.. S 00 S RD S S 0 $ m S . S . S a S 5a S 50 S Bx S 0 $ 11Az0.00 S$ a $ a $ a $ a $ a $ a $ a $ a $ 4,71ERC $ 11 $ s$ 00 $ a $ m $ a $ a $ a $ m $ 1,725.0 $ a $ a $ MR, $ —1—E IDEVRE ES3s$ m $ m $ a $ m $ a $ a $ m $ 28,175.00 $ 3,66E.40 $ 128,394M $ 1,900.00 $ i$ m $ m $ m $ m $ m $ m $ m $ m $ m $ m $ m $ "T""'p— W—EWSPIRIMP—EMINDS $ $ $ $ 413,61S.iB $ $ ox ltivw syssvnUp i$ m $ 00 $ a $ a $ a $ $ a $ $ aa $ a am $ a$ a $ a $ a $ a $$ ao $ $ $ 3Asa ES a$ a $ a $ a $ a aa $ a $ $ aa $ 0 a $ $ 3 $ 9 $ O $ a 1 5 a 1 5 6R.1 S i%iEC.cU 1 S 2..1 S RD 1 S 2.. S Oo S ao $ i$$ aa $ a a a $ $$ $ a5 $ $ $ 5 . 1 HE .USi EL $ $ a 5 $ 5 5 5 5 5137271 NO III ac LIIRARrsa 3HRu HI $ 5 5 $ 5 5Bo JUNIT UNIT 1� —UNT UNIT 1� —UNT UNIT 1� —UNT UNIT 1� —UNT UNIT 1� —UNT UNIT 1� —UNT UNIT 1� —UNT UL BASE T-2C-ONCRETE I—�—1— ,IT —1—TI.N 1.11 11 1—a1 T 5 N. _m INTz 5 0 -.- 5 z5 m 5 w 5 513,5— 5 15,2— 5 15.2-W "1 —1-.—LIN.1.11—INT1 T 5 m 5 .'-w - 5 .'— 5 - w —1=1 —0.0 55 5 5 I—LIa 5 m 5 W 5 m 5 aaao.ao 5 zo 5 - 5 W 5 o 5 - 5 2— 1 zo 5 sa 5 0 5 5 5 0 51 "...0 l-WIL55- 2 22 "00.0 5 Nw 5 -0.0 .W L2� U.. Nw 5 Nw 5 N1.1- 5 5 UNU..1 ill"W I 22'—w 5 —,- 151— 5 -5 5 52,111- 5 151.2- 5- 5 - 5 as 5in'-- 5I -0 5 — 5 0 5 m 5 0 51,1.1115- -0 5m 5 "02.0 512.0 1 12'-- '.0.. 20.0 5 0 51 Nw .0. 1 5- 5 0 51 1.0.0 I—INT 11— 11 1.N. 5m 5 -1111 1 70.. 1 o'o I I —IT 1111TI-—U- 1.0.0 .1— -5- 5 0 5 — 1 73— 92N. 1 N. 5 1 5m 51,050.0 —T 5 -0 5 . 5 -5 5 139.25 1 — 5 1531.0 Tvi 1.1 N 1 517- 5 — 5 529- 5 7- 5 .5- T..=T"'. llzsmiUxEFoameo 2-0 5 — 5 -75 5 3.5- 5 — 1 33— zs 5 u 5 - 71-5 2 Ll 11 1 10, �N —ITIT 1 11.0 22.0 11�O -.11.1NTzo 5 0 5 . 5 0 5 115- 5 I I.11.1NT—1-19- 73— 5 5 e1 55 o 5 0 5 1,073.0 5 N. —lN—LL Il- Il---T �L-L"T-N—,—"' 5 N. L5!2122 2 671-1 1 1�- 1 22 L- L— 5t. '0—' 2 29!� —NT I M.. T 5 .- 5 .- 5 9.0.0 5 9.0.0 5 .- 5 -.- "I IN T11-1-1111— 11 —,,5 9- 5 171— 5 -5 5 151"7- 5 9- 5 -- -15 35.0 5 ...o 5 25.0 5 '.0.0 5 -0 5 eroameo s3 ........ L2 2 1 25- 1,315- —5 5 5 -1-1--N—B 1 3L-1 0 1 .. 2 ...o 5 35.0 5 '.0.0 5 70.0 5 11,2- 2-15 . 5 5- ' o 1,250.0 5 22' Tl 5 11,5—15 11,5— 5 11,5— 5 11,5— 5 N. 1 -0- "oU BASE BID 2-CONCRETE 1-0 I "M "Dmo 222 2 O"oo 1.000 -III 2-000 -I mo mw 5 o 12 950M 1140000.L 102000 122MOO L05010 I oo 5,--.0 5-00 I 22. _o -m 1--000 1 25201 25201 10. 2.. 1,wo.o 1,0.0 W000 p woe 1 9 I-- �2 1-00 1 1250DO 5 1250DO 1.4.0 5 .0.0 5 .0.0 .......... 5 6`0006`000 5 6`000 5 6`000 5 82000 5 8TWOOTO .-.m 5 sOAsO.aONO BID 70OID 70—.ID lw-w.w 5-15 I.m 5 W"W 5M.0mm 5220j,"mm T mw 5 m 5 m% 5 ?w" 5 mm 5 7"9�WOO 2 � , 1q. -.. 1 7—115 50 00'M2 . N.2 ISOM 5 . 5 . 5 1 s &2"46.0 960 W 5 . 5 . 5 LEE176- S50 5 m 52-�22 1-00 5 .-M S 5 2.,-6. 5 S 22 23520M z1 5L2 22 1222�. i"mo-T 42-6. 5 5,1-0. 5 691.6. 5 W" 5 5WOOO 5 am 5 0 5 O 5 0 5 0 54-0 00 zz w"m O . .MO1-.,-1561o-.. so T5 no moo 5 0 5 vw 5 m 5 o 5 4wW 5 0 7-575 5 0 5 00 5 351- s m 5 -ww 5 3LoW:W: Mo-Ol. 365-mmmoo Mff.. NO III NO 111 -.1. 201"T 5 m". 5 w"OD 5 imm 5 4Q50WW L 450.. 5-1.-o0 7-8.-o0 7—1mg.o0 7 m 7 1-7000D nL--"lo SM.- -7-345,3756m 7— 7220 75DO m"m z1 5 "m 5 m 5C9"25 2"9ffl 5 w T s—,- �7�—w T---m� mm I I T 36o w 5 wW 3"967V66W =1 s--I — 5 "wo Im ----- WM 19,0W W 5 9520 5 . 100 W 150MM E-1-11—11-1111U, -m 5 . 5 . 5 . S . 51 a" 5 0 51-400 5 m 5 %-w 14000- 5 . 5 m 5 m 5361.6. — m- 5 m 5 . 7 952.7 2.46. 2.46. T--000 T-65— 1616.. 76,1..T 6,..6.. 561,... 05 mmm 5 umm T m T 3w000 5 m 5 0 T 950M T 510000 I- 5 m 5 0 57.,5M6. 5nm s wlm9w� o, 1. 5 a 5-5.-S-264M. 761M6. 1 im T—33-o0 T 3-3 111 w ...... ME 7-- 11 NO 11IM22 Capital Improvement Plan 2018 thn, 2022 City of Corpus Christi, Texas Project 18008A ICIP FY 19-20 Project Name Brawner Pkwy(Kostoryz Rd to Carroll Ln) Type Reconditioning-Asset Longevit Department Street Department Useful Life 25 years Contact Executive Director of Public Wo Category Street-Rehabilation Priority 2 Critical-Asset Condition\longe Status Active Description Total Project Cost: $5,700,000 Reconstruction of existing 4-lane roadway(North Brawner and South Brawner,divided by wide ditch median)with new pavement,curb&gutter, sidewalks,ADA compliant curb ramps,signage,pavement markings,traffic signalization improvements,and illumination improvements. 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. Expenditures 2018 2019 2020 2021 2022 Total Construction/Rehab 1,500,000 1,263,000 2,763,000 Design 137,000 137,000 Storm Water-St. 750,000 750,000 1,500,000 WasteWater-St 300,000 300,000 600,000 Water-St. 200,000 300,000 500,000 Gas-St. 200,000 200,000 Tom 137,000 2,950,000 2,613,000 5,700,000 Funding Sources 2018 2019 2020 2021 2022 Total G.O. Bond 2018 137,000 1,500,000 1,263,000 2,900,000 Revenue Bonds 1,450,000 1,350,000 2,800,000 Tom 137,000 2,950,000 2,613,000 5,700,000 Budget Impact/Other 71 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. 650 Capital Improvement Plan 2019 thru 2023 City of Corpus Christi, Texas Project 4 18008A ICIP FY 20-21 Project Name Brawner Pkwy(Kostoryz Rd to Carroll Ln) Type Reconditioning-Asset Longevit Department Street Department Useful Life 25 years Contact Director of Public Works Category Street-Rehabilation Priority 2 Critical-Asset Condition\longe Status Active Description Reconstruction of existing 4-lane roadway(North Brawner and South Brawner,divided by wide ditch median)with new pavement,curb&gutter, sidewalks,ADA compliant curb ramps,signage,pavement markings,traffic signalization improvements,and illumination improvements. 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. Expenditures 2019 2020 2021 2022 2023 Total Construction/Rehab 1,500,000 1,500,000 Storm Water-St. 750,000 750,000 WasteWater-St 300,000 300,000 Water-St. 200,000 200,000 Gas-St. 200,000 200,000 Total 2,950,000 2,950,000 Funding Sources 2019 2020 2021 2022 2023 Total G.O. Bond 2018 1,500,000 1,500,000 Revenue Bonds 1,450,000 1,450,000 Tom 2,950,000 2,950,000 Budget Impact/Other 71 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. 527 Capital Improvement Plan 2020 thrl, 2024 City of Corpus Christi, Texas Project# 18008A lRevised C I P FY 20- Project Name Brawner Pkwy(Kostoryz Rd to Carroll Ln) Type Reconditioning-Asset Longevit Department Street Department Useful Life 25 years Contact Director of Public Works Category Street-Rehabilation Priority 2 Critical-Asset Condition\longe Status Active Description Total Project Cost: Reconstruction of existing 4-lane roadway(North Brawner and South Brawner,divided by wide ditch median)with new pavement,curb& gutter,sidewalks,ADA compliant curb ramps,signage,pavement markings,traffic signalization improvements,and illumination improvements. 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. Prior Expenditures years 2021 2022 2023 2024 Total Construction/Rehab 2,222,748 2,222,748 Design 494,088 494,088 Contingency 356,366 356,366 Storm Water-St. 492,325 492,325 Waste Water-St 618,941 618,941 Water-St. 618,941 618,941 Gas-St. 15,424 15,424 Eng,Admin Reimbursements 20,370 386,133 406,503 Total 514,458 4,710,878 5,225,336 Prior Funding Sources years 2021 2022 2023 2024 Total G.O. Bond 2018 206,123 2,793,877 3,000,000 Revenue Bonds 308,335 1,917,001 2,225,336 Total 514,458 4,710,878 5,225,336 Budget Impact/Other 71 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. so �o o� A P v AGENDA MEMORANDUM WoRPORPg4 First Reading Ordinance for the City Council Meeting June 15, 2021 1852 Second Reading Ordinance for the City Council Meeting June 22, 2021 DATE: June 15, 2021 TO: Peter Zanoni, City Manager FROM: Kevin Smith, Director of Aviation KevinS4(a)cctexas.com (361) 289-0171 Amending Chapter 2 of the City Code of Ordinances to modify the membership of the Airport Board. CAPTION: Ordinance amending Chapter 2 of the City Code of Ordinances pertaining to the Airport Board by adding a non-voting ex-officio member to the Airport Board. SUMMARY: This ordinance amendment installs the CEO of Visit Corpus Christi as a non-voting ex- officio member of the Airport Advisory Board. BACKGROUND AND FINDINGS: On April 13, 2021 , City Council recommended to City leadership the addition of a non- voting ex-officio representative to the Airport Board. The intention of this position is to encourage collaboration and involvement from Visit Corpus Christi in airport affairs, development, and discussions to positively impact visitor experience. The current CEO of Visit Corpus Christi, Brett Oetting, has expressed interest in serving on the Airport Board and would be a welcome addition by airport leadership and board members. If approved, Airport Board by-laws will be adjusted accordingly in the regularly scheduled June 2021 Board Meeting. ALTERNATIVES: An alternative is to deny the addition of the ex-officio representative to the Airport Board and keep the Board in its current state. FISCAL IMPACT: None FUNDING DETAIL: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A RECOMMENDATION: Airport staff recommends City Council approve this ordinance. Airport Board members unanimously approved a recommendation for City Council to approve this action. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending Chapter 2 of the City Code of Ordinances pertaining to the Airport Board by adding a non-voting ex-officio member to the Airport Board. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Code of Ordinances, Chapter 2, Article IV, Division 16, Sec. 2-175, entitled "Membership," is amended by adding a non-voting ex-officio member to the Airport Board, with the new language shown underlined below, to read as follows: "Sec. 2-175. - Membership. "The airport board shall consist of ten (10) members appointed by the city council for three-year terms. Upon the initial appointment of the three (3) additional members to increase the airport board from seven (7) to ten (10) members, two (2) members shall serve for two-year terms, and one member shall serve for a one-year term. Thereafter, all members shall serve for three-year terms such that the term of four (4) members shall expire on a given year, and the term of three (3) members shall expire each successive year for the next two (2) years. The Airport Board shall also include the chief executive officer of Visit Corpus Christi as a non-voting ex-officio member appointed for a three- year term." SECTION 2. This ordinance takes effect upon final approval by the City Council, and the term of the non-voting ex-officio member commences following appointment by the City Council. 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 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 so �o o� A v µoRPORPg4 AGENDA MEMORANDUM 1852 City Council Meeting of June 15, 2021 DATE: June 3, 2021 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA, Director of Finance and Business Analysis Heatherh3Ca)-cctexas.com 361-826-3227 Staff's Recommended Project List for the $67.55 million in the Federal Economic Stimulus Package from the American Rescue Plan Act of 2021 . STAFF PRESENTER(S): Name Title/Position Department 1.Heather Hurlbert Director Finance and Business Administration ISSUE: The City of Corpus Christi will receive a total of $67.55 million of federal funding from The American Rescue Plan Act of 2021. This presentation is an overview of the act and a discussion of the proposed spending plan with the City Council. BACKGROUND: In March 2021 President Biden signed the $1.9 trillion COVID-19 relief package - The American Rescue Plan Act of 2021 ("The Act"). The package includes $350 billion for state and local governments along with additional funding for other areas like education, rental assistance, and transit. The City of Corpus Christi expects to receive $67.55 million in two payments with the first payment to be received in May 2021 and the second payment in May 2022. The funds can be used for costs incurred by the City through December 31, 2024. The Act lists four broad allowable uses: • To respond to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19) or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality • To respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers of the State, territory, or Tribal government that are performing such essential work, or by providing grants to eligible employers that have eligible workers who perform essential work • For the provision of government services to the extent of the reduction in revenue of such State, territory, or Tribal government due to the COVID-19 public health emergency relative to revenues collected in the most recent full fiscal year of the State, territory, or Tribal government prior to the emergency • To make necessary investments in water, sewer, or broadband infrastructure While the Act lays out the broad allowable uses, the United States Department of Treasury provided detailed guidance on how the funds can be used and on what type of expenses and projects are allowable under the Act. This guidance was released on May 10, 2021 and staff provided a briefing to City Council on possible projects identified by executive staff across all City functions. After careful consideration and application of the guidance provided, the list has been narrowed down to several impactful projects that are allowable under the detailed guidance. LIST OF SUPPORTING DOCUMENTS: List of Recommended Projects Recommended Projects for American Rescue Plan Act (ARPA) Funds Project 1st Tranche 2nd Tranche Total Downtown Outdoor Dining Development $ 100K $ 100K North Beach Drainage Improvements $ S.OM $ S.OM Citywide Waterline Replacement $15.01M $ 15.OM $30.OM Citywide Wastewater Lift Station Upgrades $11.41M $ 7.01M $18.4M Citywide Stormwater Improvement Projects $ S.OM $ S.OM $10.OM Construction of Fire Station #3 (Morgan/12th) $ 4.05M $4.05M Total $31.5M $36.05M $67.55M Date:June 11, 2021 Prepared by the City of Corpus Christi CITY OF CORPUS CHRISTI AMERICAN RESCUE PLAN ACT FUNDING$68.77 MILLION 11-May-21 POTENTIAL LIST OF PROJECTS PRESENTED TO CITY COUNCIL Project Name Payment 1 Payment 2 Tourism and Sporting Infrastructure 1 Marina Improvements(Instead of COS)(Year 1:$3 million dredging;$Z million amenity improvements) $5,000,000 $5,000,000 2 DMD-Outdoor Dining Development $100,000 3 Seawall Lighting Upgrades $1,000,000 $1,000,000 4 Golf Course improvements(instead of COs) $2,000,000 5 Packery Channel(Molina-Will Army Corps of Engineers or FEMA deny funding if we use ARP?) $7,000,000 $8,000,000 6 lRegional Sports Complex $5,000,000 $5,000,000 Park Infrastructure 6 Park Security Enhancement for Bayfront Parks(vehicles) $311,524 $54,304 7 Labonte Park Expansion($1 million for demo&master plan;$1 million for amenities) $1,000,000 $1,000,000 8 Ocean Drive/Bayfront Chain of Parks Amenities $1,000,000 $1,000,000 9 Citywide Parks Amenities Replacement Program $1,000,000 $2,000,000 10 Dog Parks($220k) and Splashpads($700k)throughout the City $460,000 $460,000 11 Project for Northwest Corpus Christi $5,000,000 $5,000,000 12 Rennovation of City pools $2,000,000 $2,000,000 13 Parking lot improvements at Bill Witt Park(based on Master Plan) $1,000,000 $1,000,000 14 Oso Nature Preserve $2,000,000 Public Safety Infrastructure 14 Construction of Fire Station#3 $7,500,000 15 Construction of Police Training Academy(instead of COs) $5,000,000 $6,000,000 16 Development Services Building/Fire Headquarters Remodeling $3,000,000 17 Equipment needed for Police and Fire(Water Tanker for Fire($450k) $2,000,000 $2,000,000 Water,Wastewater,Stormwater,and Broadband Infrastructure 18 North Beach Drainage Improvements $5,000,000 19 Water line replacement $15,000,000 $15,000,000 20 Wastewater Liftstation Upgrades $11,350,000 $7,000,000 21 Citywide stormwater projects $5,000,000 $5,000,000 22 Citywide Website Overhaul and Online Payment Systems Upgrade $500,000 $500,000 23 Broadband infrasture consisting of fiber and microwave technology to support criticital infrasture $6,000,000 $6,000,000 Other City Infrastructure 24 Litter Critter-Roll out dumpsters $40,000 $60,000 25 City Vehicle Replacement $3,000,000 $3,000,000 26 Central Library Beautification,Signage and Lighting Assessment $50,000 27 Rehabilitation of the Central Library 3rd floor and purchase of generator $5,400,000 $5,400,000 28 Switching out lights throughout the City with LED lights $1,500,000 $1,500,000 29 Residential street reconstruction $5,000,000 $5,000,000 TOTAL $91,711,524 $105,474,304 Funding Available $34,000,000 $34,000,000 Difference ($57,711,524) ($71,474,304)