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Agenda Packet City Council - 06/29/2021
City Council City of Corpus Christi Meeting Agenda - Final-revised 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Council Chambers11:30 AMTuesday, June 29, 2021 Addendums may be added on Friday. Public Notice: Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary’s office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. Si Usted desea dirigirse al Concilio y cree que su inglés es limitado, habrá un intérprete inglés-español en todas las juntas del Concilio para ayudarle. This meeting may be held via videoconference call pursuant to Texas Government Code § 551.127. If this meeting is held via videoconference call or other remote method of meeting, then a member of this governmental body presiding over this meeting will be physically present at the location of this meeting unless this meeting is held pursuant to Texas Government Code § 551.125 due to an emergency or other public necessity pursuant to Texas Government Code § 551.045. A.Mayor Paulette M. Guajardo to call the meeting to order. B.Invocation to be given by Pastor Chuck Goodwin, Fish for Life Ministries. C.Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Scarlett Henderson, Windsor Park Elementary. D.City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E.Proclamations / Commendations 1.21-0776 Proclamation declaring July 4, 2021 as the "44th Annual City of Corpus Christi Mayor's 4th of July Big Bang Celebration" Day. Recognition of "Mayor's 4th of July Big Bang Celebration" Essay Contest Winners Page 1 City of Corpus Christi Printed on 6/28/2021 June 29, 2021City Council Meeting Agenda - Final-revised 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. 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.City Preparation for 4th of July Weekend b.Fireworks Safety and Reminder of Fireworks Ordinance c Update on Multi-family Affordable Housing Developments d.Seawater Desalination Update by Michael Murphy, Chief Operating Officer H.BOARD & COMMITTEE APPOINTMENTS: (NONE) I.EXPLANATION OF COUNCIL ACTION: J.BRIEFING: (ITEM 2) 2.21-0716 Briefing on Short Term Rentals Sponsors:Planning & Environmental Services, Finance & Business Analysis, Neighborhood Services and Development Services K.CONSENT AGENDA: (ITEMS 3 - 20) 3.21-0744 Approval of the June 22, 2021 Regular Meeting Minutes. Sponsors:City Secretary's Office Consent - Second Reading Ordinances 4.21-0650 Zoning Case No. 0221-03, Cardinal Investments and Holdings, LLC.: (District 5) Ordinance rezoning property at or near 7610 Slough Road from the “FR” Farm Rural District to the “RS-6/PUD” Single-Family 6 District with a Planned Unit Development. (3/4 vote will be required to approve due to public opposition) (Planning Commission and Staff recommend Page 2 City of Corpus Christi Printed on 6/28/2021 June 29, 2021City Council Meeting Agenda - Final-revised Approval) Sponsors:Development Services 5.21-0682 Ordinance adopting a new Padre/Mustang Island Area Development Plan, an element of the Plan CC Comprehensive Plan; rescinding the former Mustang/Padre Island Area Development Plan adopted on January 31, 2017; and amending the Plan CC Comprehensive Plan. Sponsors:Planning & Environmental Services 6.21-0717 Ordinance accepting and appropriating $67,553,894.00 from the American Rescue Plan Act (ARPA) to mitigate the fiscal effects stemming from the public health emergency caused by the COVID-19 pandemic; and amending the FY2021 Operating Budget; and approving addition of two full-time grant funded positions for the administration of grant funds; and approving use of ARPA funds as follows: Citywide Waterline Replacement $30,000,000; Citywide Wastewater Lift Station Upgrades $18,400,000; Citywide Stormwater Improvements $10,000,000; North Beach Drainage Improvements $5,000,000; Construction of Fire Station 3 $4,050,000; and Downtown Outdoor Dining Development $100,000. Sponsors:Finance & Business Analysis 7.21-0693 Ordinance accepting a grant for the Regional Local Services System/Local Public Health System in the amount of $328,736 from the Texas Department of State Health Services; and appropriating the grant funds with an additional estimated $330,000 of grant program income and $70,000 of Medicaid income for a total amount of $728,736 to provide essential public health services. Sponsors:Health Department 8.21-0690 Ordinance authorizing acceptance and appropriation of the following grants totaling in the amount of $1,090,981.00 from the Texas Department of State Health Services: Laboratory Response Network Contract Amendment No. 5 in amount of $205,548; Immunization Contract Amendment No. 3 in amount of $334,077 and appropriating $70,000 in program income; Epidemiology Capacity Expansion Contract Amendment No. 2 in amount of $409,711; Tuberculosis Prevention and Control Contract Amendment No. 2 in amount of $61,645; and Laboratory Response Network Influenza Contract in amount of $10,000. Sponsors:Health Department 9.21-0637 Ordinance authorizing a five-year subscription agreement with the option to extend for three additional years with Incapsulate, LLC in an amount of $2,223,569.63 for Customer Relationship Management System (CRMS) for 311, effective upon issuance of a notice to proceed, appropriating $622,461.64, from the unreserved fund balance of the Information Technology fund and amending the FY 2021 operating budget to increase expenditures. Page 3 City of Corpus Christi Printed on 6/28/2021 June 29, 2021City Council Meeting Agenda - Final-revised Sponsors:Information Technology Services and Contracts and Procurement Consent - Contracts and Procurement 10.21-0677 Motion authorizing the purchase of additional detection equipment and containment devices for hazardous leaks and spills for the Corpus Christi Fire Department from FarrWest Environmental Supply Inc., of Schertz, Texas through the HGAC Buy Cooperative for a total amount of $111,057.40, effective upon issuance of Notice to Proceed with FY 2021 funding through the Fire Grants Fund. Sponsors:Fire Department and Contracts and Procurement 11.21-0542 Resolution authorizing the purchase of two wastewater aeration blowers from the Spencer Turbine Company of Windsor, Connecticut for the Utilities Department to be placed at the Oso Water Reclamation Plant and the Allison Wastewater Treatment Plant, in the amount of $191,461.00 with FY 2021 funding available in the Wastewater Fund. Sponsors:Utilities Department and Contracts and Procurement 12.21-0577 Resolution authorizing the purchase of two wastewater aeration blowers from Gardner Denver Nash, LLC of Charleroi, Pennsylvania for the Utilities Department to be placed at the Oso Water Reclamation Plant and the Greenwood Wastewater Treatment Plant, in the amount of $173,686.30 with FY 2021 funding available in the Wastewater Fund. Sponsors:Utilities Department and Contracts and Procurement 13.21-0638 Motion authorizing a three-year service agreement for crane services for wastewater system maintenance and repair work, for an amount not to exceed $135,275.00, with Gulf Coast Crane Service, LLC of Corpus Christi, Texas for the Utilities Department, with FY 2021 funding in an estimated amount $15,030.00 available through the Wastewater Fund. Sponsors:Utilities Department and Contracts and Procurement 14.21-0631 Motion authorizing a one-year supply agreement with DPC Industries, Inc. of Corpus Christi, Texas in an amount not to exceed $103,000.00 for Liquid Chlorine in 1-ton Cylinders for O.N. Stevens Water Treatment Plant, with FY 2021 funding in an estimated amount of $34,334.00 available through the Water Fund. Sponsors:Utilities Department and Contracts and Procurement 15.21-0592 Motion authorizing a three-year service agreement with Vets Securing America, Inc. of San Antonio, Texas in an amount not to exceed $208,050.36 for armed security guard services for Sunrise Beach, with FY 2021 funding in an estimated amount of $23,116.00 available through the Utilities Department Water Fund. Sponsors:Utilities Department and Contracts and Procurement Page 4 City of Corpus Christi Printed on 6/28/2021 June 29, 2021City Council Meeting Agenda - Final-revised 16.21-0548 Resolution authorizing a two-year supply agreement with Aclara Technologies LLC, of St. Louis, Missouri, for a total amount not to exceed $2,304,818.00, for water meter transmission units (MTUs) for the Utilities Department, effective upon issuance of notice to proceed, with FY 2021 funding in the amount of $384,136.33 available through the Water Fund. Sponsors:Utilities Department and Contracts and Procurement 17.21-0645 Motion authorizing a two-year supply agreement, with Wilnat Inc., dba Koons Gas Measurement of Tulsa, Oklahoma , in an estimated amount of $1,357,752.00, for 11,650 gas meters that will be used for new services and replacement of models no longer supported for Gas Operations, effective upon issuance of notice to proceed, with FY 2021 funding in an amount not to exceed $169,719.00 available through the Gas Fund. Sponsors:Gas Department and Contracts and Procurement 18.21-0696 Resolution authorizing the renewal of a five-year natural gas supply contract with NextEra Energy Marketing, LLC for an estimated amount $125,000,000.00, of which $1,500,000.00 is needed for the remainder of the FY 2020-2021, to meet the City’s natural gas requirement from August 1, 2021 to August 1, 2026. Sponsors:Gas Department and Contracts and Procurement 19.21-0689 Motion authorizing the purchase of one replacement John Deere cab tractor with front loader and rotary cutter from Deere & Company, of Cary, North Carolina through the BuyBoard Cooperative, for a total amount of $98,094.15, which will be utilized to mow grass and general lawn and field maintenance at the Corpus Christi International Airport (CCIA), with FY 2021 funding available through the Vehicle Equipment Replacement Fund. Sponsors:Aviation Department and Contracts and Procurement General Consent Items 20.21-0751 Resolution revising the Infill Housing Incentive Program Guidelines as authorized by Article II, Chapter 20 of the City of Corpus Christi Code of Ordinances; and authorizing a two-year agreement with the Corpus Christi B Corporation to provide Type B affordable housing funding in the amount of $1,250,000 for costs related to the Infill Housing Incentive Program. Sponsors:Neighborhood Services L.RECESS FOR LUNCH M.PUBLIC HEARINGS: (ITEMS 21 - 22) 21.21-0683 Zoning Case No. 0521-02, Terry J. Cox (District 4). Ordinance zoning a property located at or near 15022 Leeward Drive from the “RM-AT/IO” Multifamily AT District with the Island Overlay to the “RM-AT/IO/PUD” Multifamily AT District with the Island Overlay and a Planned Unit Page 5 City of Corpus Christi Printed on 6/28/2021 June 29, 2021City Council Meeting Agenda - Final-revised Development. (Planning Commission and Staff recommend Approval) Sponsors:Development Services 22.21-0684 Zoning Case No. 0521-03, Nicholas Hallick: (District 4) Ordinance rezoning property at or near 6097 Ennis Joslin Road from the “RS-10” Single-Family 10 District to the “ON” Neighborhood Office District. (Planning Commission and Staff recommend Approval) Sponsors:Development Services N.INDIVIDUAL CONSIDERATION ITEMS: (ITEM 23) 23.21-0754 Resolution amending the Financial Budgetary Policies for Fiscal Year 2021-2022 to address the appropriation of interest in capital improvement funds, appropriation and restriction of revenue in the Community Enrichment Fund, and to provide financial policy direction on preparation of the annual budgets. Sponsors:Office of Management and Budget O.FIRST READING ORDINANCES: (ITEMS 24 - 25) 24.21-0743 Ordinance revising Marina Advisory Committee membership to all at-large/general category members. Sponsors:City Secretary's Office 25.21-0745 Ordinance accepting and appropriating $901,952 grant from the Office of the Governor from the Texas Military Preparedness Commission’s Defense Economic Adjustment Assistance Grant (DEAAG) in the 1072 Community Development Grant Fund for Naval Air Station Corpus Christi (NASCC) gas distribution system improvements; appropriating $242,818 from the Texas Military Preparedness Commission CIP Fund 3543 as a City match; amending the FY 2021 Capital Budget to add DEAAG NASCC Gas Line Replacement project; and amending the FY 2021 Budget to increase revenues and expenditures by $1,144,770. Sponsors:Communications & Intergovernmental Affairs P.BRIEFINGS: (ITEMS 26 - 27) 26.21-0762 The City of Corpus Christi will be hosting of the Summer Games of Texas for 2021. The events will be held July 29 through August 1, 2021. The City of Corpus Christi was also selected to host the Summer Games of Texas for 2022 with dates still yet to be determined. The Games of Texas are a series of amateur Olympic-style events held each summer and winter in the State of Texas organized by the Texas Amateur Athletic Federation (TAAF). In July 2012 and 2013, the Parks and Recreation Department hosted the Summer Games of Texas. The two-year event had an estimated $15,000,000 economic impact for the City of Corpus Christi. Sponsors:Parks and Recreation Department Page 6 City of Corpus Christi Printed on 6/28/2021 June 29, 2021City Council Meeting Agenda - Final-revised 27.21-0757 The City of Corpus Christi - Gas Department Briefing for the Natural Gas Distribution Expansion of natural gas service to the residential market. Sponsors:Gas Department Q.EXECUTIVE SESSION: (ITEM 28) 28.21-0755 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 Page 7 City of Corpus Christi Printed on 6/28/2021 DATE: June 21, 2021 TO: Peter Zanoni, City Manager FROM: Daniel McGinn, Director of Planning danielmc@cctexas.com (361) 826-7011 STAFF PRESENTER(S): Name Title/Position Department 1. Daniel McGinn Director Planning 2. Heather Hurlbert Director Finance 3. Tracey Cantu Director Neighborhood Serv. 4. Al Raymond Director Development Serv. OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Brett Oetting Director Visit Corpus Christi ISSUE: At the January 12th City Council meeting, Councilman Greg Smith requested that staff prepare a briefing on the topic of Short Term Rentals. BACKGROUND: Short term rental units have become a popular accommodation option for visitors to the Corpus Christi area. This presentation will outline where these uses are permitted, data about number of units and occupancy rates, Hotel Occupancy Tax collection, and how the city is handling the enforcement of nuisance properties. LIST OF SUPPORTING DOCUMENTS: Powerpoint – Short Term Rental Briefing Short Term Rental Briefing AGENDA MEMORANDUM City Council Meeting of June 29, 2021 City Council Presentation June 29, 2021 Short Term Rentals (STR) Briefing 1 Short Term Rentals Assistant City Manager Steve Viera Director of Planning Daniel McGinn Asst. Director of Development Services Michael Dice Title: CEO Visit Corpus Christi Name: Brett Oetting City Attorney Miles Risley Director of Finance Heather Hurlbert Zoning/ Land Use HOT / Visitor Experience Director of Neighborhood Services Tracey Cantu Assistant City Manager Nieman Young Enforcement Legal Support 2 Project Lead Summary •Recent activity related to STR’s •STR’s Data/Trends •Zoning and Land Use •Registration and HOT collection •Enforcement •Next Steps 3 Community Activity (2018-21) •2018- CVB- lead an effort/taskforce to evaluate short term rentals in 2018 and briefed the City Council on November 13th, 2018. –No action was taken at that time. •2021- ISAC Recommendation •2021- Padre Island Property Association conducted an internal survey and provided a letter to the city stating their membership is opposed to STR’s in single-family areas. 4 Short Term Rentals •Rental accommodations that include a variety of unit types (condo, townhome, single family home, RV’s, boats, etc..) •Offers visitors a different experience outside of staying at a standard hotel. •Not a new concept but the technology connecting owners and users has improved. 5 6 Short Term Rentals 7 Short Term Rentals 8 Short Term Rentals 9 Short Term Rentals 10 Short Term Rentals 11 Short Term Rentals Where •In what zoning districts are short term rental units allowed. Registration/HOT Collection •How does the city process the registration and collection of HOT. Enforcement •How are issues related to STR’s handled 12 Short Term Rentals •Corpus Christi Unified Development Code 5.2.24 Rentals (Single Family) Single-family units in a single- family zoning district cannot be rented for less than a one-month period. •Exception -unless approved by the Planning Commission and City Council as a bed and breakfast home or a Planned Unit Development (PUD) that specifically allow short term rentals. 13 Zoning Districts •Short Term Rentals (STR) are permitted in zoning districts where hotel uses are allowed. •STR are not permitted within any single-family districts (exceptions B and B or PUD). •A Bed and Breakfast Home is allowed by special permit in residential districts with specific standards in UDC 5.2.8. •Bed and breakfast home:A private, owner-occupied residence that offers sleeping accommodations to not more than 10 lodgers. –Amenities similar to a hotel are provided to guests. 14 Registration/HOT Collection •City recently selected MuniRevs to administer the collection and reporting of all Hotel Occupancy Taxes •MuniRevs hosts a web based platform for customers to register their business, complete required reporting and pay all HOT amounts due •City has agreements with AirBnB and VRBO/Homeaway to collect City HOT taxes from their clients –AirBnB or VRBO/Homeaway file summary tax returns so detailed collection reports are not provided that show revenue, occupancy nights, or collections by client. •Annual revenues from AirBnB and VRBO/Homeaway total $1,198,002.25 for FY2020 and $1,084,041.91 for YTD FY2021 (Oct. to May – 4 months remain) 15 Registration/HOT Collection •State Law and Local ordinance requires any lodging provider that rents accommodations for less than 30 days to pay the required Hotel Occupancy Tax to both the City and to the State •Agreements- We currently have collection agreements with AirBnB and VRBO/Homeaway but based on industry reports we believe they collect and remit for less than half of all the rental activity in the STR pool. •Based on industry reports, staff estimates that 25-50% of potential HOT revenue is not being reported and collected •HOT funds go towards: –Tourism programs and promotion –Arts –Convention Center maintenance and improvements –Historical restoration and preservation programs –Wayfinding and signage 16 Enforcement –The violations are addressed as a zoning violation for “Illegal Land Use” under the Unified Development Code (UDC) 1.7.2 – Minimum Requirements and 5.2.24 – Use Regulations | Rentals (Single Family) •Single-family units in a single-family district cannot be rented for less than a one- month period, unless approved by the Planning Commission and City Council as a bed and breakfast home. –Violations are tracked in the case management software (WebQA.) –Staff has noticed an increased number of complaints city-wide, but most of the complaints are on Padre Island, followed by North Beach and along Ocean Drive. 17 Enforcement –70 short-term rental complaints reported and investigated on Padre Island in 2021 –12 cases started as confirmed zoning “land-use” violations (17% of complaints validated as violations) •Zoning violations have a 30-day compliance period •Each case requires an average of five hours online research to confirm a short-term rental listing, or 350 man-hours for the 70 reported violations •Previously, 26 citations for short-term rental violations have been issued City-wide since January 1, 2020 18 TX Legislation •The 2019 Session was very active with several bills targeted at removing a city’s ability to regulate short term rentals (no bills were passed) •No bills filed in 2021 19 Next Steps •Creation of a policy to regulate Short Term Rentals •Best practices analysis of STR regulations across Texas and the country. •A consultant team may be needed to assist •Timeline – complete this calendar year •Continue to partner with Visit Corpus Christi 20 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com City of Corpus Christi Meeting Minutes City Council 11:30 AM Council ChambersTuesday, June 22, 2021 Addendums may be added on Friday. Mayor Paulette M. Guajardo to call the meeting to order.A. Mayor Guajardo called the meeting to order at 11:34 a.m. Invocation to be given by Pastor Kevin Jennings, Mount Olive Lutheran Church.B. Pastor Kevin Jennings, Mount Olive Lutheran Church, gave the invocation. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Zach Sepulvada, Veterans Memorial High School. C. Zach Sepulvada, Veterans Memorial High School, led the Pledge of Allegiance to the Flag of the United States and the Texas Flag. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.D. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles K. Risley and City Secretary Rebecca L. Huerta. Mayor Paulette M. Guajardo,Council Member Roland Barrera,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Billy A. Lerma,Council Member John Martinez,Council Member Ben Molina, and Council Member Mike Pusley Present:8 - Council Member Greg SmithAbsent:1 - Proclamations / CommendationsE. 1.21-0752 Proclamation declaring June 26, 2021 as "90th Hi-Fairnessee Day". Proclamation declaring July 2021 as "Watch Your Car Month". Commendation recognizing London Pirates Baseball Team. Mayor Guajardo presented the proclamations and commendation. PUBLIC COMMENT:F. Mayor Guajardo opened the public comment period. Page 1City of Corpus Christi Printed on 6/24/2021 June 22, 2021City Council Meeting Minutes The following citizen submitted a written public comment regarding the Al Kruse Tennis Center which is attached to the Minutes: Linda Griffin. Jack Gordy, 4118 Bray Dr., spoke regarding the Texas Public Information Act. William Goldston, 13721 Tajamar, spoke regarding Item #20 amending the plan to JFK Causeway. Chair of the Island Strategic Action Committee (ISAC), Jay Gardner, 3922 Sweet Bay Dr.; spoke in opposition to the beach maintenance facility location, extending TIRZ #2 and Padre Island Area Development Plan. Kaylynn Paxson, 14300 SPID, spoke in opposition to the beach maintenance facility location. Susie Saldana, 4710 Hakel Dr.; and Carrie Robertson Meyer, 4401 Gulfbreeze Blvd., spoke regarding public comment procedures. Brian Watson, 5813 Hugo Dr., spoke regarding fluoride concerns in the water system. Susan Torrance, 3205 Kennsington Court, spoke in opposition to pickle ball courts replacing tennis courts at the Al Kruse Tennis Center. Holly Edwards, 14957 Canadian Mist Dr., spoke regarding Item #20. CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS:G. Mayor Guajardo referred to City Manager's Comments. Briefing on Theft of Automotive Catalytic Converters by Interim Police Chief David Blackmon a. Interim Police Chief David Blackmon spoke regarding the theft of automotive catalytic converters. Council Members and Interim Police Chief Blackmon discussed the following topics: chop saws are being used to remove the catalytic converters quickly; and the District Attorney is prosecuting these theft cases as felonies. Briefing on House Bill 1927 (Firearms Carry Act of 2021) by Interim Police Chief David Blackmon and Update on Prohibition of Firearms at City Council Chambers b. Interim Police Chief David Blackmon presented a briefing on House Bill 1927 (Firearms Carry Act of 2021) and update on prohibition of Firearms at City Council Chambers. The new law bypasses the requirement to obtain a permit for handguns and handguns will not be restricted at city parks. Page 2City of Corpus Christi Printed on 6/24/2021 June 22, 2021City Council Meeting Minutes Council Members, City Manager Zanoni, City Attorney Miles Risley and Interim Police Chief Blackmon discussed the following topics: effective next Tuesday June 29th, signage will be posted at City Hall entrances to prohibit handguns in open meetings; and the police department will provide customized active shooter training for council and staff. Infrastructure Management Program Quarterly Reportc. City Manager Zanoni provided the Infrastructure Management Program Quarterly Report. The Games of South Texas 2021d. City Manager Zanoni reported that the Games of South Texas 2021 will bring 10,000 athletes to the City and will be held from July 29th through August 1st. A press conference will be held on June 28th, and a presentation will be given by the Parks and Recreation Department on June 29th. Seawater Desalination Update by Michael Murphy, Chief Operating Officere. Chief Operating Officer Michael Murphy gave an update on the seawater desalination. A program has been implemented for operation and maintenance of a desalination facility if and when this project moves forward. The goal is to continue with the workshop on July 21st and respond to Council Members' questions. Council Members, City Manager Zanoni and Mr. Murphy discussed the following topics: the CC Polymers desalination plant will be toured; and all procurement options will be made available to Council. BOARD & COMMITTEE APPOINTMENTS:H. 2.21-0703 Corpus Christi Downtown Management District (1 vacancy) This Appointment was withdrawn. EXPLANATION OF COUNCIL ACTION:I. CONSENT AGENDA: (ITEMS 3 - 17)J. Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. Council Members requested that Items 14 and 16 be pulled for individual consideration. City Manager stated that Item 17 will be postponed. A motion was made by Council Member Lerma, seconded by Council Member Hernandez to approve the Consent Agenda with the exception of Items 14, 16 and 17. The motion carried by the following vote: Page 3City of Corpus Christi Printed on 6/24/2021 June 22, 2021City Council Meeting Minutes Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina and Council Member Pusley 8 - Absent:Council Member Smith1 - Abstained:0 3.21-0705 Approval of the Minutes of the June 15, 2021 Regular Meeting. The Minutes were approved on the consent agenda. Consent - Second Reading Ordinances 4.21-0605 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032470 5.21-0608 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) This Ordinance was passed on second reading on the consent agenda. Enactment No: 032471 6.21-0609 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) This Ordinance was passed on second reading on the consent agenda. Enactment No: 032472 7.21-0641 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032473 Page 4City of Corpus Christi Printed on 6/24/2021 June 22, 2021City Council Meeting Minutes 8.21-0493 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032474 9.21-0652 Ordinance amending Chapter 2 of the City Code of Ordinances pertaining to the Airport Board by adding two non-voting ex-officio members to the Airport Board. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032475 Consent - Contracts and Procurement 10.21-0175 Motion authorizing a three-year service agreement in an amount not to exceed $265,347.04, for agenda management software with Carahsoft Technology Corporation of Reston, Virginia, through the Texas Department of Information Resources (DIR) Cooperative, with FY 2021 funding in an amount of $84,599.18 funded through the General Fund and Information Technology Fund. This Motion was passed on the consent agenda. Enactment No: M2021-126 11.21-0508 Motion authorizing an amendment to the service agreement for lease of citywide copiers with Toshiba American Business Solutions, Inc. to increase the value by $408,279.41, which includes the allowance for color copies and the amount remaining for copier modifications and accessory add-ons; with a revised value of this agreement not to exceed $984,897.00 for an estimated potential total of $1,401,537.00 if all options are exercised; with FY 2021 funding in the amount of $216,201.30 funded through various departments. This Motion was passed on the consent agenda. Enactment No: M2021-127 12.21-0549 Resolution authorizing a two-year supply agreement with Aclara Technologies LLC, of St. Louis, Missouri, for a total amount not to exceed $1,463,575.00, for 18,805 gas meter transmission units for the Gas Department, effective upon issuance of notice to proceed, with FY 2021 funding in the amount of $243,929.17 available through the Gas Fund. This Resolution was passed on the consent agenda. Enactment No: 032476 Page 5City of Corpus Christi Printed on 6/24/2021 June 22, 2021City Council Meeting Minutes 13.21-0552 Motion authorizing a four-year service agreement for dumpster collection services for over 50 City properties with K2 Waste Solutions, LLC, dba Killian Calderon Disposal of Corpus Christi, Texas in an amount not to exceed of $464,068.72 with FY 2021 funding in an amount of $27,025.64 budgeted through various departmental funds. This Motion was passed on the consent agenda. Enactment No: M2021-128 General Consent Items 14.21-0643 Resolution authorizing the submission of a grant application for $429,518.00 to the Motor Vehicle Crime Prevention Authority to continue the Motor Vehicle Theft Unit activities and support five full time employees’ salaries, benefits, and overtime in the Police Department with a City cash match of $746,177.00 and an in-kind match of $73,149.00, for a total project cost of $1,175,695.00. Mayor Guajardo referred to Item 14. A Council Member and Interim Police Chief David Blackmon discussed the following topics: Interim Police Chief Blackmon confirmed that the City of Corpus Christi has not stopped prosecuting auto theft cases. Council Member Pusley made a motion to approve the resolution, seconded by Council Member Hunter. This Resolution was passed and approved with the following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina and Council Member Pusley 8 - Absent:Council Member Smith1 - Abstained:0 Enactment No: 032477 15.21-0622 Motion authorizing Amendment No. 1 to Service Agreement Disaster Recovery and Emergency Response Grant Services with MPACT Strategic Consulting LLC for a total not to exceed $125,000.00, increasing the service agreement value to $625,000.00 for services, with funding dependent on grant awards. This Motion was passed on the consent agenda. Enactment No: M2021-129 16.21-0657 Resolution authorizing the Interlocal Agreement with Nueces County for City Lifeguard Services. The City will provide lifeguard personnel for the public beach within Nueces County Padre Balli Park with Nueces County reimbursing the City for lifeguard services provided from March 6tth to March 21st, 2021 and from May 29th to September 6th, 2021 for a total cost of $32,100. Page 6City of Corpus Christi Printed on 6/24/2021 June 22, 2021City Council Meeting Minutes Mayor Guajardo referred to Item 16. A Council Member, City Manager Peter Zanoni and Interim Director of Parks and Recreation Sarah Munoz discussed the following topics: the $32,000 includes the labor, equipment, vehicle costs and existing lifeguard stands. Council Member Pusley made a motion to approve the resolution, seconded by Council Member Hunter. This Resolution was passed and approved with the following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina and Council Member Pusley 8 - Absent:Council Member Smith1 - Abstained:0 Enactment No: 032478 17.21-0697 Resolution authorizing an Interlocal Agreement with Nueces County authorizing City’s lump sum payment of $19,232 to County for one-half of the County’s costs to rent the La Palmera Mall COVID-19 Vaccination Site through September 7, 2021 This Resolution was withdrawn. BRIEFING: ITEM 18)K. 18.21-0707 2019-20 Charter Review Ad Hoc Committee Report Mayor Guajardo referred to Item 18. Chair of 2019-2020 Charter Review Ad Hoc Committee Toby Futrell presented information on the following topics: introduction; methodology; timeline; longer staggered council terms; longer council terms are considered almost every two years, but not brought forward; initial policy recommendation #1: removing barriers to longer terms; proposed proposition #1: single member districts with staggered 4-year council terms; proposed proposition #3: term limits; proposed proposition #2: Mayor and Council compensation; proposed proposition #4: initiative/referendum signature requirement; proposed proposition #5: consistent zoning approval; proposed proposition #6: removing a Council Member from office; policy recommendations; fall back recommendation #1: removing barriers to longer terms; recommendation #2: financial transparency with Intra-Departmental Budget transfer within same fund; recommendation #3: financial transparency with city contracts; and recommendation #4: Council staff support. Council Members, Ms. Futrell, City Secretary Rebecca Huerta and City Attorney Miles Risley discussed the following topics: a Council Member suggested changing the wording in proposition #2 from "salary" to "stipend"; a Council Member recommends that Page 7City of Corpus Christi Printed on 6/24/2021 June 22, 2021City Council Meeting Minutes Council and Mayor reexamine this report as an opportunity to make changes; a Council Member's desire to donate his salary; and a Council Member's belief that serving longer terms would be beneficial to the community. RECESS FOR LUNCHL. Mayor Guajardo recessed the Council meeting for lunch at 2:20 p.m. Mayor Guajardo reconvened the meeting at 2:53 p.m. PUBLIC HEARINGS: (ITEMS 19 - 20)M. 20.21-0682 Ordinance adopting a new Padre/Mustang Island Area Development Plan, an element of the Plan CC Comprehensive Plan; rescinding the former Mustang/Padre Island Area Development Plan adopted on January 31, 2017; and amending the Plan CC Comprehensive Plan. Mayor Guajardo referred to Item 20. Mayor Guajardo opened the public hearing. Marvin Jones, 15313 Beaufort Court, spoke in opposition to the beach maintenance facility being built at the location being proposed. Mayor Guajardo closed the public hearing. Council Members, Senior City Planner Keren Costanzo and City Manager Peter Zanoni discussed the following topics: there is no specific site, but the facility in question is part of the plan; this will be a storage facility, not a maintenance facility; and the purpose of this building is to store three vehicles and equipment. Council Member Molina 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:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Lerma, Council Member Martinez, Council Member Molina and Council Member Pusley 7 - Nay:Council Member Hunter1 - Absent:Council Member Smith1 - Abstained:0 19.21-0650 Zoning Case No. 0221-03, Cardinal Investments and Holdings, LLC.: (District 5) Ordinance rezoning property at or near 7610 Slough Road from the “FR” Farm Rural District to the “RS-6/PUD” Single-Family 6 District with a Planned Unit Development. (3/4 vote will be required to approve due to public opposition) (Planning Commission and Staff recommend Approval) Mayor Guajardo referred to Item 19. Page 8City of Corpus Christi Printed on 6/24/2021 June 22, 2021City Council Meeting Minutes Assistant Director of Development Services Nina Nixon-Mendez stated that the purpose of this item is to allow for the construction of a 16-unit single-family townhome development. Assistant Director Mendez presented information on the following topics: aerial overview; zoning pattern and adjacent development; public notification; PUD deviations; master site plan; and planning commission and staff recommend approval of the RS-6/PUD. Council Members, Assistant Director Mendez and City Attorney Miles Risley discussed the following topics: the planning commission recommended 35 feet height restrictions; the Planned Unit Development (PUD) does allow for short-term rentals; the PUD is a common method used to customize zoning restrictions; and short-term rentals are prohibited in residential zones so there is no need for an ordinance. Mayor Guajardo opened the public hearing. The Applicant, Fred Garza, stated that the townhomes will be one-story units and will be sold and not used as short-term rentals. Council Member Hernandez made a motion to amend the ordinance to require 18-feet height restrictions and no short-term rentals within the PUD, seconded by Council Member Pusley and passed unanimously. Mayor Guajardo closed the public hearing. Council Member Hernandez made a motion to approve the ordinance as amended, seconded by Council Member Hunter. This Ordinance was passed on first reading as amended and approved with the following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina and Council Member Pusley 8 - Absent:Council Member Smith1 - Abstained:0 INDIVIDUAL CONSIDERATION ITEMS: (ITEM 21)N. 21.21-0717 Ordinance accepting and appropriating $67,553,894.00 from the American Rescue Plan Act (ARPA) to mitigate the fiscal effects stemming from the public health emergency caused by the COVID-19 pandemic; and amending the FY2021 Operating Budget; and approving addition of two full-time grant funded positions for the administration of grant funds; and approving use of ARPA funds as follows: Citywide Waterline Replacement $30,000,000; Citywide Wastewater Lift Station Upgrades $18,400,000; Citywide Stormwater Page 9City of Corpus Christi Printed on 6/24/2021 June 22, 2021City Council Meeting Minutes Improvements $10,000,000; North Beach Drainage Improvements $5,000,000; Construction of Fire Station 3 $4,050,000; and Downtown Outdoor Dining Development $100,000. Mayor Guajardo referred to Item 21. Director of Finance Heather Hurlbert presented information on the following topics: final staff recommended infrastructure projects. There were no comments from the Council or the public. Council Member Hernandez made a motion to approve the ordinance, seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina and Council Member Pusley 8 - Absent:Council Member Smith1 - Abstained:0 FIRST READING ORDINANCES: (ITEMS 22 - 24)O. 22.21-0693 Ordinance accepting a grant for the Regional Local Services System/Local Public Health System in the amount of $328,736 from the Texas Department of State Health Services; and appropriating the grant funds with an additional estimated $330,000 of grant program income and $70,000 of Medicaid income for a total amount of $728,736 to provide essential public health services. Mayor Guajardo referred to Item 22. Council Members, Assistant Director of Public Health Dr. Dante Gonzalez, Chief Financial Officer Constance Sanchez and City Manager Peter Zanoni discussed the following topics: Public Health Director Annette Rodriguez has direct oversight over these funds; the health department's budget is $3.4 million for FY2021; in 2007 the City entered into a Memorandum of Understanding with Nueces County, so the City bills the County on a monthly basis for their share of the health department costs; and a request from a Council Member to look into only one entity (Nueces County) having jurisdiction over the health department instead of two entities (the County and the City). Mayor Guajardo asked for public comment. There were no comments from the public. Council Member Barrera made a motion to approve the ordinance, seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the following vote: Page 10City of Corpus Christi Printed on 6/24/2021 June 22, 2021City Council Meeting Minutes Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina and Council Member Pusley 8 - Absent:Council Member Smith1 - Abstained:0 23.21-0690 Ordinance authorizing acceptance and appropriation of the following grants totaling in the amount of $1,090,981.00 from the Texas Department of State Health Services: Laboratory Response Network Contract Amendment No. 5 in amount of $205,548; Immunization Contract Amendment No. 3 in amount of $334,077 and appropriating $70,000 in program income; Epidemiology Capacity Expansion Contract Amendment No. 2 in amount of $409,711; Tuberculosis Prevention and Control Contract Amendment No. 2 in amount of $61,645; and Laboratory Response Network Influenza Contract in amount of $10,000. Mayor Guajardo referred to Item 23. Assistant Director of Public Health Dr. Dante Gonzalez discussed the following topics: this grant authorizes an extension for another year or two which include the Laboratory Response Network (LRN) contract, Immunization (IMM) contract, Epidemiology Capacity (Epi Capacity) contract, Tuberculosis (TB) contract, Laboratory Response Network Influenza (LRN FLU) contract. There were no comments from the Council Mayor Guajardo asked for public comment. There were no comments from the public. 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:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina and Council Member Pusley 8 - Absent:Council Member Smith1 - Abstained:0 24.21-0637 Ordinance authorizing a five-year subscription agreement with the option to extend for three additional years with Incapsulate, LLC in an amount of $2,223,569.63 for Customer Relationship Management System (CRMS) for 311, effective upon issuance of a notice to proceed, appropriating $622,461.64, from the unreserved fund balance of the Information Technology fund and amending the FY 2021 operating budget to increase expenditures. Mayor Guajardo referred to Item 24. Page 11City of Corpus Christi Printed on 6/24/2021 June 22, 2021City Council Meeting Minutes Director of Information Technology Peter Collins discussed the following topics: the IT department is in the process of finalizing the 311 number with AT&T; and once approved, the 311 number will give citizens more options to communicate with the City. Council Members, City Manager Peter Zanoni, Director Collins and Chief Financial Officer Constance Sanchez discussed the following topics: the IT fund balance is $3.3 million; the ongoing cost of 311 will be about $200,000 a year; the IT department is currently using six to eight software applications to manage the call center; once 311 starts, the Customer Relationship Management System (CRMS) will replace the applications so the city will realize cost savings; the estimated time to get 311 implemented is around four to six months; and there is a transition plan for using 311, along with a plan to educate the community and implement the software. Mayor Guajardo asked for public comment. There were no comments from the public. Council Member Lerma made a motion to approve the ordinance, seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina and Council Member Pusley 8 - Absent:Council Member Smith1 - Abstained:0 BRIEFINGS: (ITEMS 25 - 26)P. 25.21-0714 Briefing from the Board of Realtors to provide information on recent real estate trends in Corpus Christi, new legislation, and available resources. Mayor Guajardo referred to Item 25. Chief Executive Officer of Corpus Christi Association of Realtors Elke Gonzalez presented information on the following topics: the CCAR mission; Who We "R"; annual price trend-all homes; annual price trend-new construction; annual inventory trend; annual sales trend; annual trends; state legislative updates; how CCAR can help; Realtor resources; and working together. Council Members and Ms. Gonzalez discussed the following topics: a Council Member suggests that there should be rules and limitations for short-term rentals based on where the property is located; and Ms. Gonzalez will look into case studies regarding citizens' concerns about proposed developments decreasing property value. 26.21-0715 Port Commission Quarterly Report Mayor Guajardo referred to Item 26. Page 12City of Corpus Christi Printed on 6/24/2021 June 22, 2021City Council Meeting Minutes Port of Corpus Christi Commissioners Rajan Ahuja, Richard Valls, Jr. and David Engel presented information on the following topics: PCCA, Port of Rotterdam Partner to Innovate Commerce; Port of Corpus Christi, Stabilis sign MoU for LNG Bunkering; Port of Corpus Christi, Ares Partner for Green Hydrogen Production; and executive summary-Q1 2021 YTD. Council Members, Commissioner Ahuja, Commissioner Valls and Chief External Affairs Officer Omar Garcia discussed the following topics: the Port has an agreement with Refinery Terminal Fire Company (RTFC) to operate the fire boat; a Council Member's concern that the federal government did not fund a Port project in the new administration's budget; in order for the Port to stay transparent to the City, town hall meetings are held and the Port Commission reaches out to Commissioners of San Patricio County; a third-party contractor polled about 800 citizens in Nueces County and 500 citizens in San Patricio County - over 70% trusted the Port to do the right thing for the environment, the economic growth and the right thing for the community, and the survey respondents were also in support of desalination for industrial use; the Port encourages clients to be as green as possible; there is no land available on the La Quinta Channel; and a Council Member's request that the Port assist the City with the dredge material. EXECUTIVE SESSION: (ITEM 27)Q. 27.21-0724 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. ADJOURNMENTR. There being no further business, Mayor Guajardo adjourned the meeting at 4:08 p.m. Page 13City of Corpus Christi Printed on 6/24/2021 DATE: May 14, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 CAPTION: Zoning Case No. 0221-03, Cardinal Investments and Holdings, LLC.: (District 5) Ordinance rezoning property at or near 7610 Slough Road from the “FR” Farm Rural District to the “RS- 6/PUD” Single-Family 6 District with a Planned Unit Development. (3/4 vote required to approve) SUMMARY: The purpose of the rezoning request is to allow for the construction of a 16-unit single-family townhome development. BACKGROUND AND FINDINGS: The subject property is 1.83 acres in size. The applicant states that the Dolce Vida, Planned Unit Development (PUD) is a planned community that will consist of 16 single-family townhouse lots. The subject property is currently zoned “FR” Farm Rural District, consists of vacant property, and has remained since annexation in 1995. To the north is a single-family residential subdivision (Legends of Diamante Unit 2) zoned “RS-6” Single-Family 6 District. To the south is a single- family residential subdivision (Rancho Las Brisas Unit 1) zoned “RS-4.5” Single-Family 4.5 District. To the east are a few large tract single-family homes zoned “FR” Farm Rural District and a single-family residential subdivision (Legends of Diamante Unit 1) zoned “RS-6” Single-Family 6 District. To the west is a single-family residential subdivision (South Lake Estates) zoned “RS- 6” Single-Family 6 District. Conformity to City Policy The subject property is located within the boundaries of the Southside Area Development Plan and is planned for medium density residential use. The proposed rezoning is consistent with the Future Land Use Map. The proposed use of single-family townhomes is consistent with the overall goals and strategies of Plan CC and the Southside Area Development Plan (ADP). The proposed rezoning is also compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. Rezoning a property at or near 7610 Slough Road AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 06/22/21 Second Reading Ordinance for the City Council Meeting 06/29/21 Surrounding properties have been rezoned within the past decade indicating a pattern towards higher density single-family residential development. The zoning pattern is in line with a Plan CC policy statement of creating urban villages and accommodating continuous growth. Based on the number of lots, the density of the proposed PUD is 9.30 dwelling units per acre. The range of density for a medium residential use is between 4 and 13 dwelling units per acre. The subject property is located at the intersection of two minor collector streets that can accommodate in minor increase in density. The proposed private street will be one-way. As part of the rezoning process, all PUDs are reviewed by the Technical Review Committee (TRC). Concerns were raised by members of the TRC in the following areas. o Consistency with the Unified Development Code (UDC). According to Section 3.5.4 of the Unified Development Code (UDC), PUDs should be reviewed by the following criteria: The development is in harmony with the character of the surrounding area. The development is in conformity with the Comprehensive Plan and is consistent with the intent and purpose of this Section. The development contains a variety of housing types, employment opportunities or commercial services to achieve a balanced community. The orderly and creative arrangement of all land uses with respect to each other and to the entire community. The development contains a planned and integrated comprehensive transportation system providing for a separation of pedestrian and vehicular traffic, to include facilities such as roadways, bicycle ways and pedestrian walkways. The development is staged in a manner which can be accommodated by the timely provision of public utilities, facilities and services. o Traffic management, utilities, and fire protection of the proposed lots. Consistently the membership of the TRC has voiced concerns on multiple plats concerning the narrowing of right-of-way and the effect on traffic management. The Utilities Department has raised concerns if there is available wastewater capacity. This issue will need to be resolved during the public improvements phase of the platting process. The narrowing of a right-of -way to 25 -feet and the reduction of setbacks to 18-feet may have potential negative impacts to the eventual individual homeowner. Specifically, the availability of enough space for personal vehicles to avoid encroachment into the right-of-way. The street design is similar to residential street cross section L-1E allowed by right in section 8.2.1.B of the UDC. While staff understands the paved portion of the right-of-way will be 25-feet, the reduction from the 28-foot pavement section standard and the reduced off-street parking may encourage on-street parking and therefore interfere with the ability of a fire apparatus (vehicle) and other public service vehicles to navigate and respond in the event of an emergency or scheduled services (i.e. Solid Waste). Several members of the TRC encourage that on-street parking is prohibited and should be enforced by the Homeowner’s Association (HOA). o The rezoning case was originally heard on and tabled on March 17th to allow the developer additional time to address TRC comments. o In response to the comments from the Technical Review Committee (TRC), the applicant updated the site design to include increased street yard setbacks. Updates to the street included eliminating on-street parking, identify the street as one-way, and the addition of a sidewalk on one side of the private street. o Based on the updates, the proposed PUD is compliant with Section 3.5.4 of the UDC. o TRC reviewed the updates to the PUD and recommended approval on April 29th. . Public Input Process Number of Notices Mailed 41 within 200-foot notification area 3 outside notification area As of May 21, 2021: In Favor 0 inside notification area 0 outside notification area In Opposition 16 inside notification area 11 outside notification area Totaling 24.75% 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 “RS-6/PUD” Single-Family 6 District with a Planned Unit Development. 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 “RS-6/PUD” Single-Family 6 District with a Planned Unit Development with conditions on May 12, 2021. Vote Count: For: 6 Opposed: 0 Absent: 1 Abstained: 2 Staff recommends approval of the zoning request. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0221-03, Cardinal Investments and Holdings, LLC.: (District 5) Ordinance rezoning property at or near 7610 Slough Road from the “FR” Farm Rural District to the “RS-6/PUD” Single-Family 6 District with a Planned Unit Development WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to 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 1.83 Acre tract, being out of Lot 27, Section 26 of Flour Bluff Encinal Farm and Garden Tracts as recorded in Volume A, Pages 41 to 43 of Map Records of Nueces County, Texas, and being the same property as described and conveyed in Instrument Number 2019021178 of the Warranty Deed Records of Nueces County, Texas, as shown in Exhibit “A”: from the “FR” Farm Rural District to the “RS-6/PUD” Single-Family 6 District with a Planned Unit Development The subject property is located at or near 7610 Slough Road. Exhibit A, which is the Metes and Bounds of the subject property with an associated map and Exhibit B, which is a copy of The Dolce Vita Planned Unit Development (PUD) Guidelines and Master Site Plan attached to and incorporated in this ordinance. SECTION 2. The Planned Unit Development Overlay granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with The Dolce Vita Planned Unit Development (PUD) Guidelines and Master Site Plan and the satisfaction of all Technical Review Committee (TRC) requirements. 2. Height: The maximum height for any structure within the Planned Unit Development is 35- feet. Page 2 of 5 3. Setback: The minimum setback for the garage door is 20-feet. The setback shall be measured from the right-of-way line on the western side of the private road and from the interior line of the pedestrian easement on the eastern side of the private road. 4. Parking: The property must have a minimum of four off-street parking spaces (two garage spaces and two driveway spaces) per dwelling unit. 5. Private Street Access: On-street parking is prohibited, except for temporary parking in front of lot 13. The one-way private access drive shall not be less than 25 feet in width and shall be signed to indicate “No Parking.” 6. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 7. Time Limit: An approved development plan shall expire 12 months after the date that the development plan was approved, unless a complete building permit application has been submitted or, if no building permit is required, a certificate of occupancy has been issued. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City’s Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. This ordinance shall become effective upon publication. Page 3 of 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 4 of 5 Exhibit A Page 5 of 5 Dolce Vita, P. U. D. 7610 Slough Road Corpus Christi, Texas 78414 Owner / Developer Cardinal Investments & Holdings, LLC 7210 Windwillow Drive, Corpus Christi, Texas 78414 Prepared by David L. Walker, Architect 6622 Sahara Drive, Corpus Christi, Texas 78412 361-854-4359 david@davidlwalker.us December 22, 2020 Dolce Vita, P. U. D. 7610 Slough Road Corpus Christi, Texas 78414 Development Description: Dolce Vita, P.U.D. is a proposed duplex townhome community that will include 16 residential units on 1.843 Acres of land for a density of 8.68 Units per Acre. The proposed community will be a redevelopment of 1.843 Ares out of Lot 27, Section 26, Flour Bluff and Encinal Farm & Garden Tracts as recorded in Volume A pages 41-43 (M.R.N.C.T.), also conveyed in instrument No. 2019021178 (M.R.N.C.T.), Corpus Christi, Nueces County, Texas. The redevelopment will utilize existing public roadways and, sidewalks for access. This development will complement existing developments in the area. Location Map Development Standards per City of Corpus Christi Unified Development Code Minimum Site Area - 20,000 sf Shared Parking (Townhouse) 1,600 sf Minimum Dwelling Width (Shared Parking) 16 ft Minimum Street Yard 10 ft Minimum Street Yard (Corner) 10 ft Minimum Side Yard 0 ft Minimum Side Yard (Total) 0 ft Minimum Rear Yard 5 ft Minimum Building Separation 10 ft Minimum Open Space 30% Required Parking 1.5 per 1 bedroom 2 per 2 bedroom and above 1 for every 5 units (guests) Curb Type 6" Curb and Gutter Sidewalks 5 ft on each side Paved Street Width 28 ft PUD Requirements Minimum Site Area -20,000 sf (80,281 provided) Shared Parking (Townhouse) 1,400 sf Minimum Dwelling Width (Shared Parking) 16 ft Minimum Street Yard 10 ft Minimum Street Yard (Corner) 10 ft Minimum Side Yard 0 ft Minimum Side Yard (Total) 0 ft Minimum Rear Yard 5 ft Minimum Building Separation 10 ft Minimum Open Space 33% Required Parking 1 per 2 bedroom and above 1 for every 4 units (guests) Curb Type 6" Curb and Gutter Sidewalks 5 ft on East side Paved Street Width 25 ft Development Guidelines For Residential Lots (Note: Lot 13 is a common area lot, not a residential lot.) Use Single Family Residential (Townhomes) Lot Area Minimum 3,500 sf Lot Width 35 ft Minimum Yard Requirements: Street 18 ft Garage Door 20 ft Street Corner 10 ft Side yard 0 ft Maximum building height: None Minimum building spacing: 0 ft Parking requirements per unit: 1 per two bedroom and above 16 required 1 for every 4 units for guests 4 required Total provided 32 provided Maintenance: Lot Owner and Home Owners Association Allowed Improvements: Residential structures, support structures including decks, porches, patios, pavement, fencing, landscaping, etc. Placement of Improvements: Within the limits of individual lots and setbacks and outside of easements with the exception of fences, paving and landscaping. Short Term Rentals: Allowed. Specific language will be described in the HOA document. Development Guidelines For Common Area Lots Use: Non-residential structures for enjoyment and benefit of Dolce Vita P.U.D. Lot Area N/A Lot Width N/A Yard Requirements: Street: N/A Street Corner: N/A Side Yard: N/A Maximum building height: None Minimum building spacing: Per the International Building Code Parking Requirement: 0 Spaces Maintenance: Home Owners Association Allowed Improvements: Community structures / amenities including decks, porches, patios, pavement, fencing, landscaping, central mailboxes, play structures, swimming pools, gazebos, etc. Placement of Improvements: Within the limits of individual lots and setbacks and outside of easements with the exception of fences, paving and landscaping. PLANNING COMMISSION FINAL REPORT Case No. 0221-03 INFOR No. 21ZN1004 Planning Commission Hearing Date: May 12, 2021 Applicant & Legal Description Owner: Cardinal Investments and Holdings, LLC. Applicant: David Villarreal Location Address: 7610 Slough Road Legal Description: Being a 1.83 Acre tract, being out of Lot 27, Section 26 of Flour Bluff Encinal Farm and Garden Tracts as recorded in Volume A, Pages 41 to 43 of Map Records of Nueces County, Texas, and being the same property as described and conveyed in Instrument Number 2019021178 of the Warranty Deed Records of Nueces County, Texas, east of Ametrine Drive, south of Aquamarine Drive, and north of Slough Road. Zoning Request From: “FR” Farm Rural District To: “RS-6/PUD” Single-Family 6 District with a Planned Unit Development Area: 1.83 acres Purpose of Request: To develop a 16-unit single-family townhome development. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site “FR” Farm Rural District Vacant Medium Density Residential North “RS-6” Single-Family 6 District Low Density Residential Medium Density Residential South “RS-4.5” Single-Family 4.5 District Low Density Residential Medium Density Residential East “FR” Farm Rural District and “RS-6” Single-Family 6 District Low Density Residential Medium Density Residential West “RS-6” Single-Family 6 District Low Density Residential Medium Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for a medium density residential use. The proposed rezoning to the “RS-6/PUD” Single-Family 6 District with a Planned Unit Development is consistent with the adopted Future Land Use Map which calls for a medium density residential use. The proposed use of single-family townhomes is consistent with the overall goals and strategies of Plan CC. City Council District: 5 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 240 feet of street frontage along Slough Road which is designated as an “C1” Minor Collector Street and 325 feet of street frontage along Ametrine Drive which is also designated as a “C1” Minor Collector Street. According to the Urban Transportation Plan, “C1” Minor Collector Streets can convey a capacity between 1,000 and 3,000 Average Daily Trips (ADT). The reconstruction of Slough Road and the extension of Ametrine Drive were both Bond 2018 projects. Staff Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Slough Road “C1” Minor Collector 60’ ROW 40’ paved 60’ ROW 40’ paved Not Available Ametrine Drive “C1” Minor Collector 60’ ROW 40’ paved 60’ ROW 40’ paved Not Available Staff Summary: Development Plan: The subject property is a total of 1.83 acres in size. Dolce Vida, Planned Unit Development (PUD) is a planned community that will consist of 16 single-family townhouse lots. Minimum Dimensions “RS-6” District Standards “RS-TH” District Standards Proposed PUD Deviation Lot Area 6,000 sf. 1,600 sf. 3,500 sf. Yes Minimum Lot Width 50 ft. 16 ft. 35 ft. Yes Street Yard 25 ft. 10 ft. 18 ft. (20 ft. to Garage Door) Yes Street Yard (Corner) 10 ft. 10 ft. 10 ft. No Side Yard 5 ft. 0 ft. 0 ft. Yes Rear Yard 5 ft. 5 ft. 5 ft. No Max. Height 35 ft. 45 ft. 35 ft. No Open Space 30% 30% 33% No Paved Street Width 28 ft. 28 ft. 25 ft. Yes Curb Type 6-in. curb & gutter 6-in. curb & gutter 6-in. curb & gutter No Parking Requirement 2 per unit 1.5/ unit(1 bedroom) 2/ unit (2 bedroom) 1/5 units (guests) 1/ unit 1/4 units (guests) (32 Spaces Total) Yes Sidewalks 5 ft. on both sides or 6 ft. on both sides of private streets 5 ft. on both sides or 6 ft. on both sides of private streets 5 ft. along east side of private street Yes Short Term Rentals No No Yes Yes Existing Land Uses & Zoning: The subject property is currently zoned “FR” Farm Rural District and has remained undeveloped since annexation in 1995. To the north is a single-family residential subdivision (Legends of Diamante Unit 2) zoned “RS-6” Single-Family 6 District. To the south is a single-family residential subdivision (Rancho Las Brisas Unit 1) zoned “RS-4.5” Single-Family 4.5 District. To the east are a few large tract single-family homes zoned “FR” Farm Rural District and a single-family residential subdivision (Legends of Diamante Unit 1) zoned “RS- 6” Single-Family 6 District. To the west is a single-family residential subdivision (South Lake Estates) zoned “RS-6” Single-Family 6 District. Staff Report Page 3 AICUZ: The subject property is not located in one of the Navy’s Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. Utilities: Water: 8-inch C900 line located along Ametrine Drive. Wastewater: 18-inch PVC line located along Slough Road. Gas: 2-inch line located along the northern property line. Storm Water: 36-inch line located along Slough Road. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the “RS- 6/PUD” Single-Family 6 with a Planned Unit Development is consistent with the adopted Future Land Use Map which calls for a medium density residential use. The proposed use of single- family townhomes is consistent with the overall goals and strategies of Plan CC. The proposed rezoning is also consistent with the following policies of the Comprehensive Plan: • 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). • Tourist-oriented business and development will continue to be encouraged and promoted by all agencies of the City as illustrated on the Future Land Use Map. This includes commercial ventures, condominiums and resorts, fishing and outdoor recreation facilities, and recreational vehicle parks (Policy Statement B.2). • The designation of “Mixed Use” in the Future Land Use Plan expresses the City’s desire to mix residential and non-residential uses. (Policy Statement B.10). Department Comments: • The proposed rezoning is consistent with the Future Land Use Map. The proposed use of single-family townhomes is consistent with the overall goals and strategies of Plan CC and the Southside Area Development Plan (ADP). The proposed rezoning is also compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • Surrounding properties have been rezoned within the past decade indicating a pattern towards higher density single-family residential development. The zoning pattern is in line with a Plan CC policy statement of creating urban villages and accommodating continuous growth. • Based on the number of lots, the density of the proposed PUD is 9.30 dwelling units per acre. The range of density for a medium residential use is between 4 and 13 dwelling units per acre. • The subject property is located at the intersection of two minor collector streets that can accommodate in minor increase in density. The proposed private street will be one-way. • As part of the rezoning process, all PUDs are reviewed by the Technical Review Committee (TRC). Concerns were raised by members of the TRC in the following areas. o Consistency with the Unified Development Code (UDC). According to Section 3.5.4 of the Unified Development Code (UDC), PUDs should be reviewed by the following criteria: • The development is in harmony with the character of the surrounding area. • The development is in conformity with the Comprehensive Plan and is consistent with the intent and purpose of this Section. Staff Report Page 4 • The development contains a variety of housing types, employment opportunities or commercial services to achieve a balanced community. • The orderly and creative arrangement of all land uses with respect to each other and to the entire community. • The development contains a planned and integrated comprehensive transportation system providing for a separation of pedestrian and vehicular traffic, to include facilities such as roadways, bicycle ways and pedestrian walkways. • The development is staged in a manner which can be accommodated by the timely provision of public utilities, facilities and services. o Traffic management, utilities, and fire protection of the proposed lots. Consistently the membership of the TRC has voiced concerns on multiple plats concerning the narrowing of right-of-way and the effect on traffic management. The Utilities Department has raised concerns if there is available wastewater capacity. This issue will need to be resolved during the public improvements phase of the platting process. The narrowing of a right-of-way to 25 -feet and the reduction of setbacks to 18- feet may have potential negative impacts to the eventual individual homeowner. Specifically, the availability of enough space for personal vehicles to avoid encroachment into the right-of-way. The street design is similar to residential street cross section L-1E allowed by right in section 8.2.1.B of the UDC. While staff understands the paved portion of the right-of-way will be 25-feet, the reduction from the 28-foot pavement section standard and the reduced off- street parking may encourage on-street parking and therefore interfere with the ability of a fire apparatus (vehicle) and other public service vehicles to navigate and respond in the event of an emergency or scheduled services (i.e. Solid Waste). Several members of the TRC encourage that on-street parking is prohibited and should be enforced by the Homeowner’s Association (HOA). o The rezoning case was originally heard on and tabled on March 17th to allow the developer additional time to address TRC comments. o In response to the comments from the Technical Review Committee (TRC), the applicant updated the site design to include increased street yard setbacks. Updates to the street included eliminating on-street parking, identify the street as one-way, and the addition of a sidewalk on one side of the private street. o Based on the updates, the proposed PUD is compliant with Section 3.5.4 of the UDC. o TRC reviewed the updates to the PUD and recommended approval on April 29th. Planning Commission and Staff Recommendation (May 12, 2021): Approval of the change of zoning from the “FR” Farm Rural District to the “RS-6/PUD” Single- Family 6 District with a Planned Unit Development with the following conditions: 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with The Dolce Vita Planned Unit Development (PUD) Guidelines and Master Site Plan and the satisfaction of all Technical Review Committee (TRC) requirements. 2. Height: The maximum height for any structure within the Planned Unit Development is 35- feet. Staff Report Page 5 3. Setback: The minimum setback for the garage door is 20-feet. The setback shall be measured from the right-of-way line on the western side of the private road and from the interior line of the pedestrian easement on the eastern side of the private road. 4. Parking: The property must have a minimum of four off-street parking spaces (two garage spaces and two driveway spaces) per dwelling unit. 5. Private Street Access: On-street parking is prohibited, except for temporary parking in front of lot 13. The one-way private access drive shall not be less than 25 feet in width and shall be signed to indicate “No Parking.” 6. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 7. Time Limit: An approved development plan shall expire 12 months after the date that the development plan was approved, unless a complete building permit application has been submitted or, if no building permit is required, a certificate of occupancy has been issued. Public Notification Number of Notices Mailed – 41 within 200-foot notification area 3 outside notification area UAs of March 12, 2021U: In Favor – 0 inside notification area – 0 outside notification area In Opposition – 16 inside notification area – 11 outside notification area Totaling 24.75% of the land within the 200-foot notification area in opposition. *Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom. The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner’s land in square feet / Total square footage of all property in the notification area = Percentage of public opposition Attachments: A. Location Map (Existing Zoning & Notice Area) B. Planned Unit Development (PUD) Guidelines and Master Site Plan C. Public Comments Received (if any) Staff Report Page 6 Dolce Vita, P. U. D. 7610 Slough Road Corpus Christi, Texas 78414 Owner / Developer Cardinal Investments & Holdings, LLC 7210 Windwillow Drive, Corpus Christi, Texas 78414 Prepared by David L. Walker, Architect 6622 Sahara Drive, Corpus Christi, Texas 78412 361-854-4359 david@davidlwalker.us December 22, 2020 Dolce Vita, P. U. D. 7610 Slough Road Corpus Christi, Texas 78414 Development Description: Dolce Vita, P.U.D. is a proposed duplex townhome community that will include 16 residential units on 1.843 Acres of land for a density of 8.68 Units per Acre. The proposed community will be a redevelopment of 1.843 Ares out of Lot 27, Section 26, Flour Bluff and Encinal Farm & Garden Tracts as recorded in Volume A pages 41-43 (M.R.N.C.T.), also conveyed in instrument No. 2019021178 (M.R.N.C.T.), Corpus Christi, Nueces County, Texas. The redevelopment will utilize existing public roadways and, sidewalks for access. This development will complement existing developments in the area. Location Map Development Standards per City of Corpus Christi Unified Development Code Minimum Site Area - 20,000 sf Shared Parking (Townhouse) 1,600 sf Minimum Dwelling Width (Shared Parking) 16 ft Minimum Street Yard 10 ft Minimum Street Yard (Corner) 10 ft Minimum Side Yard 0 ft Minimum Side Yard (Total) 0 ft Minimum Rear Yard 5 ft Minimum Building Separation 10 ft Minimum Open Space 30% Required Parking 1.5 per 1 bedroom 2 per 2 bedroom and above 1 for every 5 units (guests) Curb Type 6" Curb and Gutter Sidewalks 5 ft on each side Paved Street Width 28 ft PUD Requirements Minimum Site Area -20,000 sf (80,281 provided) Shared Parking (Townhouse) 1,400 sf Minimum Dwelling Width (Shared Parking) 16 ft Minimum Street Yard 10 ft Minimum Street Yard (Corner) 10 ft Minimum Side Yard 0 ft Minimum Side Yard (Total) 0 ft Minimum Rear Yard 5 ft Minimum Building Separation 10 ft Minimum Open Space 33% Required Parking 1 per 2 bedroom and above 1 for every 4 units (guests) Curb Type 6" Curb and Gutter Sidewalks 5 ft on East side Paved Street Width 25 ft Development Guidelines For Residential Lots (Note: Lot 13 is a common area lot, not a residential lot.) Use Single Family Residential (Townhomes) Lot Area Minimum 3,500 sf Lot Width 35 ft Minimum Yard Requirements: Street 18 ft Garage Door 20 ft Street Corner 10 ft Side yard 0 ft Maximum building height: None Minimum building spacing: 0 ft Parking requirements per unit: 1 per two bedroom and above 16 required 1 for every 4 units for guests 4 required Total provided 32 provided Maintenance: Lot Owner and Home Owners Association Allowed Improvements: Residential structures, support structures including decks, porches, patios, pavement, fencing, landscaping, etc. Placement of Improvements: Within the limits of individual lots and setbacks and outside of easements with the exception of fences, paving and landscaping. Short Term Rentals: Allowed. Specific language will be described in the HOA document. Development Guidelines For Common Area Lots Use: Non-residential structures for enjoyment and benefit of Dolce Vita P.U.D. Lot Area N/A Lot Width N/A Yard Requirements: Street: N/A Street Corner: N/A Side Yard: N/A Maximum building height: None Minimum building spacing: Per the International Building Code Parking Requirement: 0 Spaces Maintenance: Home Owners Association Allowed Improvements: Community structures / amenities including decks, porches, patios, pavement, fencing, landscaping, central mailboxes, play structures, swimming pools, gazebos, etc. Placement of Improvements: Within the limits of individual lots and setbacks and outside of easements with the exception of fences, paving and landscaping. 1 Andrew Dimas [DevSvcs] From:alexcan26152@gmail.com Sent:Monday, March 15, 2021 7:32 PM To:Andrew Dimas [DevSvcs] Subject:Opposition to Rezoning Case 0221-03 [ [ WARNING: External e‐mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] ________________________________ Mr. Dimas, I oppose the rezoning and creation of townhomes pursuant to case no. 0221‐03. I’d would like to recommend a park, instead. Sincerely, Name:Alex Cantu Address:3722 East Lake Drive Sent from my iPhone 1 Andrew Dimas [DevSvcs] From:Sarah Brunkenhoefer Sent:Monday, February 22, 2021 2:42 PM To:Andrew Dimas [DevSvcs] Subject:FW: Public Input: 03-03-2021 - Anthony Braxton Good afternoon Andrew, We received the attached public comment, but can’t figure out what item # or meeting it pertains to. Please advise if you can help. Thank you! From: CitySecretary <CitySecretary@cctexas.com> Sent: Monday, February 22, 2021 8:05 AM To: Rebecca Huerta <RebeccaH@cctexas.com> Cc: Sarah Brunkenhoefer <sarahb@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: FW: Public Input: 03‐03‐2021 ‐ Anthony Braxton FYI. From: JotForm <noreply@jotform.com> Sent: Sunday, February 21, 2021 9:30 AM To: CitySecretary <CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: Public Input: 03‐03‐2021 ‐ Anthony Braxton [ [ WARNING: External e‐mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Warning: Replies to this message will go to returns@jotform.com. If you are unsure this is correct please contact the Helpdesk at 826‐3766. Public Comment & Input Form Date of Meeting 03‐03‐2021 Name Anthony Braxton Address Street Address: 7603 Aquamarine Drive City: Corpus Christi State / Province: Texas Postal / Zip Code: 78414 Topic Rezoning of land Agenda Number 0221‐03 2 Describe Feedback: From the planning commission papers being circulated, it appears that the vacant lot behind our homes on Aquamarine Drive is being planned to have Townhomes built. This area is congested and to build townhomes there it would seem that they would have to be 2 story. If the project calls for 2 story townhomes then I disapprove of the rezoning of this land. A two story project in this area will infringe on the privacy of our backyard and homes. Provide an email to receive a copy of your submission. tony.braxton@icloud.com 1 Andrew Dimas [DevSvcs] From:Fili Chapa <fchapa97@gmail.com> Sent:Monday, March 15, 2021 9:46 PM To:Andrew Dimas [DevSvcs] Subject:Opposition to Rezoning Case 0221-03 Follow Up Flag:Flag for follow up Flag Status:Flagged [ [ WARNING: External e‐mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Mr. Dimas, I oppose the rezoning and creation of townhomes pursuant to case no. 0221‐03. Sincerely, Name:fili chapa Address: 7614 Las Miras Ct, Corpus Christi, TX 78414 1 Andrew Dimas [DevSvcs] From:Stephenie Rhodes <r_stephenie@hotmail.com> Sent:Tuesday, March 16, 2021 1:53 AM To:Catherine Garza; Andrew Dimas [DevSvcs] Subject:Rezoning Case No.0221-03 Follow Up Flag:Flag for follow up Flag Status:Flagged [ [ WARNING: External e‐mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Property Owner ID: 35 and 20 Property Manager : Andrew Manager As a property owner in the Las Brias Subdivision, I'm in opposition to the Old Slough Farm being rezoned for Townhouse dwelling. This correspondence was mailed toward the later portion of the freeze experienced by Corpus Christi (2/14 ‐ 20/21). In addition, I've had cervical surgery as of 2/8, so my focus has been a little distracted due to this health issue. Sincerely, Stephenie Regenie Rhodes 7618 Las Miras Court (361) 739‐4146 1 Andrew Dimas [DevSvcs] From:Tina Garza <tina.garza76@yahoo.com> Sent:Saturday, March 13, 2021 11:40 AM To:Andrew Dimas [DevSvcs] Subject:Opposition to Rezoning Case 0221-03 Follow Up Flag:Follow up Flag Status:Flagged [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] ________________________________ Mr. Dimas, I oppose the rezoning and creation of townhomes pursuant to case no. 0221-03. Sincerely, Bertha C Garza 3718 E Lake Dr Corpus Christi, TX 78414 Sent from my iPhone 1 Andrew Dimas [DevSvcs] From:mark888beverly@gmail.com Sent:Monday, March 15, 2021 7:31 PM To:Andrew Dimas [DevSvcs] Subject:Opposition to Rezoning Case 0221-03 [ [ WARNING: External e‐mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] ________________________________ Mr. Dimas, I oppose the rezoning and creation of townhomes pursuant to case no. 0221‐03. Sincerely, Name: Mark Beverly Address: 3633 Sapphire Court Tx. 78414 Cell 361 444 4814 Sent from my iPhone 1 Andrew Dimas [DevSvcs] From:Nuri <yilmazernuri@gmail.com> Sent:Tuesday, March 16, 2021 8:42 PM To:Andrew Dimas [DevSvcs] Subject:Opposition to Rezoning Case 0221-03 Follow Up Flag:Follow up Flag Status:Flagged [ [ WARNING: External e‐mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] ________________________________ Mr. Dimas, I oppose the rezoning and creation of townhomes pursuant to case no. 0221‐03. Sincerely, Nuri Yilmazer 3806 Boomerang Dr Corpus Christi, TX 78414 1 Andrew Dimas [DevSvcs] From:Skyler Barker <sjbarker0311@gmail.com> Sent:Friday, March 5, 2021 11:34 AM To:Andrew Dimas [DevSvcs]; Catherine Garza Subject:Re Zoning Case No: 0221-03 Follow Up Flag:Follow up Flag Status:Flagged [ [ WARNING: External e‐mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] All, I oppose the rezoning and creation of townhomes pursuant to case no. 0221-03. Please accept this email as my vote of no for this re-zoning. Semper Fidelis, Skyler J.E. Barker ‐‐ Semper Fidelis, Skyler J.E. Barker Cell: (949)923‐9417 1 Andrew Dimas [DevSvcs] From:Melissa Cavazos <mcavazos06@yahoo.com> Sent:Wednesday, March 3, 2021 9:46 AM To:Catherine Garza; Andrew Dimas [DevSvcs] Subject:Oppose Rezoning Case 0221-03 [ [ WARNING: External e‐mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] ________________________________ I am writing to vote NO for rezoning on Case 0221‐03. Please keep as single family home. I oppose townhomes. Thank you, Melissa Cavazos 361‐438‐7251 South lake Neighborhood 1 Andrew Dimas [DevSvcs] From:clarkcr <clarkcr@sbcglobal.net> Sent:Wednesday, March 17, 2021 12:52 AM To:Andrew Dimas [DevSvcs]; Catherine Garza Subject:[EXTERNAL]Zoning Case # 0221-03 Follow Up Flag:Flag for follow up Flag Status:Flagged [ [ WARNING: External e‐mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Mr. Dimas, I am a resident of Corpus Christi and we own a home in Southlake Estates off Slough Rd. Though I am not within the 200 ft Notification Area for the Zoning Case # 0221-03, 7610 Slough Rd, our home is just a another 200 ft away. My wife and I strongly oppose the current proposed Townhome project as it does represent the surrounding properties on all sides of the proposed site or anywhere near this location. While we would encourage single family residential home development on this parcel similar in quality and construction of the immediate neighborhood homes on all sides, this townhome project does not belong in this area and is undesirable. Thank you for noting our opposition to this case. Chris and Dana Clark 7502 E Lake Dr. 512-579-8119 Sent from my T‐Mobile 4G LTE Device 1 Andrew Dimas [DevSvcs] From:Sarah Brunkenhoefer Sent:Tuesday, March 2, 2021 6:34 PM To:Andrew Dimas [DevSvcs] Subject:FW: [EXTERNAL]Public Input: 03-03-2021 - Philip Garcia Follow Up Flag:Follow up Flag Status:Flagged For planning commission From: CitySecretary <CitySecretary@cctexas.com> Sent: Tuesday, March 2, 2021 12:02 PM To: Rebecca Huerta <RebeccaH@cctexas.com> Cc: Sarah Brunkenhoefer <sarahb@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: FW: [EXTERNAL]Public Input: 03‐03‐2021 ‐ Philip Garcia FYI. Thank you, Aly Berlanga From: JotForm <noreply@jotform.com> Sent: Tuesday, March 2, 2021 11:42 AM To: CitySecretary <CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: [EXTERNAL]Public Input: 03‐03‐2021 ‐ Philip Garcia [ [ WARNING: External e‐mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Warning: Replies to this message will go to returns@jotform.com. If you are unsure this is correct please contact the Helpdesk at 826‐3766. Public Comment & Input Form Date of Meeting 03‐03‐2021 Name Philip Garcia Address Street Address: 3705 S LAKE DR City: CORPUS CHRISTI State / Province: TX Postal / Zip Code: 78414 Country: United States 2 Topic Re‐Zoning Agenda Number Case 0221‐03 Describe Feedback: Strongly against having the property re‐zoned for townhomes in this area. These are residential neighborhoods with homes. Townhomes are typically rentals with increased traffic and varying tenants. Uploads: ReZone CAse 0221‐03.jpeg Provide an email to receive a copy of your submission. GARCIAPHIL04@YAHOO.COM 1 Andrew Dimas [DevSvcs] From:Christian H <caheidgerd@gmail.com> Sent:Friday, March 5, 2021 8:11 AM To:Catherine Garza; Andrew Dimas [DevSvcs] Subject:Christian Heidgerd - Opposition to Rezoning Case No. 0221-03 [ [ WARNING: External e‐mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] To Whom It May Concern, I am opposed in the strongest possible terms to the rezoning in case no. 0221‐03. Our community is organizing. We will ensure the city is held responsible for unwise decisions that affect our neighborhood negatively by loosening restrictions on building height, increasing vehicle traffic, and increasing population density. Sincerely, Christian Heidgerd 1 Andrew Dimas [DevSvcs] From:Sarah Brunkenhoefer Sent:Tuesday, March 2, 2021 8:10 AM To:Andrew Dimas [DevSvcs] Subject:FW: [EXTERNAL]Public Input: 03-03-2021 - Willie Porche Follow Up Flag:Follow up Flag Status:Flagged Good morning Andrew, Here is another one for planning. Thanks! From: CitySecretary <CitySecretary@cctexas.com> Sent: Tuesday, March 2, 2021 8:04 AM To: Rebecca Huerta <RebeccaH@cctexas.com> Cc: Norma Duran <NormaD2@cctexas.com>; Sarah Brunkenhoefer <sarahb@cctexas.com> Subject: FW: [EXTERNAL]Public Input: 03‐03‐2021 ‐ Willie Porche FYI. Thank you, Aly Berlanga From: JotForm <noreply@jotform.com> Sent: Monday, March 1, 2021 10:46 PM To: CitySecretary <CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: [EXTERNAL]Public Input: 03‐03‐2021 ‐ Willie Porche [ [ WARNING: External e‐mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Warning: Replies to this message will go to returns@jotform.com. If you are unsure this is correct please contact the Helpdesk at 826‐3766. Public Comment & Input Form Date of Meeting 03‐03‐2021 Name Willie Porche 2 Address Street Address: 3910 BOOMERANG DR City: Corpus Christi State / Province: TX Postal / Zip Code: 78414 Country: United States Topic Rezone 0221‐03 Describe Feedback: I am writing this to notify you that at am whole heartily against this change in zoning. This area is already zoned.for single family and the far majority of homeowners in the area want it to stay that way. Provide an email to receive a copy of your submission. Willie.porche@gmail.com 1 Andrew Dimas [DevSvcs] From:Swetish_Rivera, Annie <aswetish_rivera@calallen.org> Sent:Tuesday, March 16, 2021 8:35 AM To:Andrew Dimas [DevSvcs] Subject:Opposition to Rezoning Case 0221-03 Follow Up Flag:Follow up Flag Status:Flagged [ [ WARNING: External e‐mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] ________________________________ Mr. Dimas, I oppose the rezoning and creation of townhomes pursuant to case no. 0221‐03. While I do not live in the “marked” area, I live adjacent to the proposed project and object to the building/resining being proposed. Sincerely, Name: Marie Swetish‐Rivera and Daniel Rivera Address: 3814 Eucalyptus CC TX 78414 Thank you, Daniel Rivera and Marie Swetish‐Rivera Calallen ISD Disclaimer: This email and any attached files are confidential and intended solely for the intended recipient(s). If you are not the named recipient you should not read, distribute, copy, or alter this email. Any views or opinions expressed in this email are those of the author and do not represent those of Calallen Independent School District. Warning: Although precautions have been taken to make sure no viruses are present in this email, the District cannot accept responsibility for any loss or damage that arise from the use of this email or attachments. 1 Andrew Dimas [DevSvcs] From:Brian Rye <supertune99@icloud.com> Sent:Monday, March 15, 2021 9:50 PM To:Andrew Dimas [DevSvcs] Subject:Opposition to Rezoning Case 0221-03 Follow Up Flag:Flag for follow up Flag Status:Flagged [ [ WARNING: External e‐mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] ________________________________ Mr. Dimas, I oppose the rezoning and creation of townhomes pursuant to case no. 0221‐03. Sincerely, Name:Brian Rye Address: 3821 Emu Dr Corpus Christi Tx 78414 Sent from my iPhone 1 Andrew Dimas [DevSvcs] From:Lesley Smith <lesleysmith79@gmail.com> Sent:Monday, March 15, 2021 9:12 AM To:Andrew Dimas [DevSvcs] Subject:Rezoning of slough Follow Up Flag:Follow up Flag Status:Flagged [ [ WARNING: External e‐mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Hi I live in the neighborhood behind slough where you are wanting to build the town homes. I personally do not want town homes there. Thank you for your time Lesley 1 Andrew Dimas [DevSvcs] From:Allyson Stephens <allyson.stephens@gmail.com> Sent:Wednesday, March 3, 2021 3:12 PM To:Catherine Garza; Andrew Dimas [DevSvcs] Cc:Valerie Crane Subject:PLEASE STOP Re-Zoning for Condos - Near Las Brisas [ [ 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. ] ] ________________________________ Catherine and Andrew, Good afternoon. I am writing on behalf of my family that less than a year ago purchased a beautiful home at 3805 Los Arroyos in Corpus Christi, TX. We have been informed that someone is trying to rezone the corner of Amertryne and Slough in our quiet and beautiful neighborhood for a condo build. I am writing today to plead and beg to those in control of approving the re‐zoning to not allow a condo development to be placed right in the middle in our neighborhood. We have worked so hard to get to this point and cherish our home. We love our quiet neighborhood and certainly want to keep it that way. We purchased our home in this area because it was the way it was currently. Had we known a condo development would be constructed in the middle of our quiet tucked away neighborhood, we would have never purchased our home here. By allowing this rezoning to occur, the city is creating a bait and switch scenario for everyone in this area. My neighbors just invested in their home by remodeling the interior and putting up a deck and canopy in their back yard. All of which will be looming under a condo developments. The condos will be staring into their backyard; and many others on the street. Many people recently moved into the neighborhood with dreams of building their life on these quiet tucked away streets in the southside of Corpus Christi. Not to mention, one street over is brand new construction. Those homes will lose value so fast that I would imagine those new Corpus Christi home owners will be very vocal and reaching out to you. My grandfather always said to put yourself in others’ shoes. Would you want this or vote yes for this to happen to your home if you lived on our street? Your largest asset? I would think not. Someone that cares about family, community and Corpus Christi would not vote yes to have this happen. Please do not allow this to happen. We would love a park or something else that makes sense for the area. A condominium does not benefit the community as a whole. A condominium does not benefit the people (such as myself) that saved every last dime and made sacrifices to be able to afford a home in the city they love. The condo would actually depreciate everything we have all have worked so hard to obtain; a nice home for our families in a quiet neighborhood. We as a neighborhood are very concerned and plan to spread the word to everyone that this will effect. We know the city mailed out notices, but some may not understand or take the time to read. We will pass out fliers and get everyone involved. We do this not to be defiant or mean, but to stand up and protect the quality of life and property value we were sold. We pay taxes and appreciate all the city does for the city of Corpus Christi. However, the city will miss the mark of what is best for its people and homeowners if this passes. Please do not allow the re‐zoning for condos or any type of multi‐family housing to pass. The area of land is not in the right location for it to be successful. Thank you for taking the time to read my email. I look forward to your responses. Respectfully, 2 Allyson Stephens 512‐501‐9775 3805 Los Arroyos Corpus Christi, TX 78414 1 Andrew Dimas [DevSvcs] From:Catherine Garza Sent:Friday, February 26, 2021 8:06 AM To:Craig Garrison; Andrew Dimas [DevSvcs] Subject:Objection to Cardinal Investments rezoning Importance:High Follow Up Flag:Follow up Flag Status:Flagged ‐‐‐‐‐Original Message‐‐‐‐‐ From: Iain Vasey <iainvasey@yahoo.com> Sent: Thursday, February 25, 2021 8:36 PM To: Catherine Garza <catherineg@cctexas.com> Subject: [EXECUTIVE SPOOF]Objection to Cardinal Investments rezoning [ [ 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: The email has been flagged as a potential spoof. Do not reply or open links, unless you have confirmed the sender and the legitimacy of the message. If you have any questions or concerns, please contact the Service Desk at 826‐ 3766. Thank you. Hi Catherine As a close neighbor to the Cardinal Investments proposed rezoning at Amertrine and Slough Road, please note my objection. Given the neighborhood surroundings, this should not be a townhome zoning density, but rather single family homes, which would be consistent with the surrounding areas (all single family). Please note my objection and request for Planning Commission and City Council to deny the request. Best wishes, Iain Vasey 3713 South Lake Drive Corpus Christi TX 78414 Cardinal Investments and Holdings, LLC. Rezoning for a Property at 7610 Slough Road From “FR”To “RS-6/PUD” Zoning Case #0221-03 N City Council June 22, 2021 2 Aerial Overview N 3 Zoning Pattern and Adjacent Development N 4 Public Notification 41 Notices mailed inside 200’ buffer 3 Notices mailed outside 200’ buffer Notification Area Opposed: 16 (24.75%) In Favor: 0 X X X Notified property owner’s land in square feet / Total square footage of all property in the notification area = Percentage of public opposition Separate Opposed Owners: 15 N X X XX X XXX X X XXX Outside 200’ Opposed Owners: 11 5 PUD Deviations Minimum Dimensions “RM-AT” District Standards “RS-TH” District Standards Proposed PUD Deviation Lot Area 6,000 sf.1,600 sf.3,500 sf.Yes Minimum Lot Width 50 ft.16 ft.35 ft.Yes Front Yard 25 ft.10 ft.18 ft. (20 ft. to Garage door)Yes Front Yard (Corner)10 ft.10 ft.10 ft.No Side Yard 5 ft.0 ft.0 ft.Yes Rear Yard 5 ft.5 ft.5 ft.No Max. Height 35 ft.45 ft.35 ft.No Open Space 25%30%33%No Paved Street Width 28 ft.28 ft.25 ft.Yes Curb Type 6-in. curb & gutter 6-in. curb & gutter 6-in. curb & gutter No Parking Requirement 1.5/ unit(1 bedroom) 2/ unit (2 bedroom) 1/5 units (guests) Com: 1:250 sf. 1.5/ unit(1 bedroom) 2/ unit (2 bedroom) 1/5 units (guests) Com: 1:250 sf 1/ unit 1/4 units (guests) (32 Spaces Total) Yes Sidewalks 5 ft. on both sides or 6 ft. on both sides of private streets 5 ft. on both sides or 6 ft. on both sides of private streets 5 ft. along east side of private street Yes 6 Master Site Plan 7 Master Site Plan 8 Master Site Plan 9 Planning Commission and Staff Recommendation Approval of the “RS-6/PUD” Single-Family 6 District with a Planned Unit Development with Conditions: 1.Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with The Dolce Vita Planned Unit Development (PUD) Guidelines and Master Site Plan and the satisfaction of all Technical Review Committee (TRC) requirements. 2.Height: The maximum height for any structure within the Planned Unit Development is 35-feet. 3.Setback: The minimum setback for the garage door is 20-feet. The setback shall be measured from the right-of-way line on the western side of the private road and from the interior line of the pedestrian easement on the eastern side of the private road. 4.Parking: The property must have a minimum of four off-street parking spaces (two garage spaces and two driveway spaces) per dwelling unit. 10 5. Private Street Access: On-street parking is prohibited, except for temporary parking in front of lot 13. The one-way private access drive shall not be less than 25 feet in width and shall be signed to indicate “No Parking.” 6. Other Requirements:The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 7. Time Limit: An approved development plan shall expire 12 months after the date that the development plan was approved, unless a complete building permit application has been submitted or, if no building permit is required, a certificate of occupancy has been issued. Planning Commission and Staff Recommendation 11 TRC Comments •Consistency with the Unified Development Code (UDC). •UDC Section 3.5.4: Review Criteria •Proposed PUD does not meet the conditions. •The proposed PUD does not provide a variety of housing types or increase mobility/walkability of the residents. Specifically, a lack of sidewalks. •Traffic management, fire protection, and the serviceability of the lots by public service vehicles. •Narrowing of right-of-way and the effect on traffic management. •Potential negative impacts to the eventual individual homeowner. •Parking/Vehicle Encroachment into right-of-way (ROW). •On-street parking and dead-end lots: Navigation and Serviceability by public service vehicles. DATE: June 2, 2021 TO: Peter Zanoni, City Manager FROM: Dan McGinn, AICP, Director of Planning and Environmental DanielMc@cctexas.com 361-826-7011 CAPTION: An Ordinance adopting a new Padre/Mustang Island Area Development Plan, an element of the Plan CC Comprehensive Plan; rescinding the former Mustang/Padre Island Area Development Plan adopted on January 31, 2017; and amending the Plan CC Comprehensive Plan. SUMMARY: The Padre/Mustang Island Area Development Plan (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 Padre/Mustang Island area of the community, which was adopted in 2017. 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 Padre/Mustang Island area. Padre/Mustang Island Area Development Plan (ADP) Content: The major goals, policies, and implementation elements of the Padre/Mustang Island ADP address the following: Introduction Development of the Plan Demographics Engagement Process Online Survey Summary Future Land Use Map The Padre/Mustang Island Future Land Use Map serves as a guide to future zoning and Public Hearing on the Padre/Mustang Island Area Development Plan AGENDA MEMORANDUM Public Hearing/First Reading for the City Council meeting of June 22, 2021 Second Reading Ordinance for the City Council meeting of June 29, 2021 development decisions and provides a foundation to support the vision and recommendations of the plan. Vision Themes Safe, Family-Friendly Community Blended Residential Community and Destination Location Environmental Preservation Policy Initiatives and Implementation Improve traffic flow, Island ingress and egress, safety, and roadway quality Enhance park and recreation facilities to provide various activities and entertainment for all ages Expand tourism on the Island by increasing marketing efforts and providing a variety of events and attractions Protect and monitor natural resources and assets critical to the health of the barrier island and regional ecosystem Accommodate safe, efficient movement of pedestrians, bikes, and golf carts throughout the Island Support and encourage compatible and context-sensitive development that provides a mix of land uses and respects the environment Public Investment Initiatives Short-term (1-5 years) Mid-term (6 -10 years) Long-term (More than 10 years) Public Engagement: To develop the Padre/Mustang Island ADP, the planning team gathered public input during online community meetings held March 26, 2020, October 1, 2020, and March 25, 2021, and during online surveys and virtual open house forums held March 12 through May 11, 2020, October 1 through October 15, 2020, and March 22 through April 11, 2021. In addition, the Island Strategic Actions Committee (ISAC) 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 Island Strategic Action Committee, and Planning Commission recommend adoption of the Padre/Mustang Island Area Development Plan. LIST OF SUPPORTING DOCUMENTS: Ordinance Exhibit A - May 12, 2021 Draft Padre/Mustang Island Area Development Plan Island ADP Background Document Island ADP Online Open House Survey Presentation Ordinance adopting a new Padre/Mustang Island Area Development Plan, an element of the Plan CC Comprehensive Plan; rescinding the former Mustang/Padre Island Area Development Plan adopted on January 31, 2017; 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 Padre/Mustang Island Area Development Plan; WHEREAS, with proper notice to the public, public hearings were held during 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 Padre/Mustang Island Area Development Plan for Corpus Christi, and to receive public feedback; WHEREAS, the Island Strategic Action Committee provided guidance and assistance throughout the process and staff coordinated with various community agencies; WHEREAS, the City shall use the Padre/Mustang Island 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 Mustang/Padre Island Area Development Plan, adopted by City Council ordinance #31057 on January 31, 2017 is hereby rescinded. SECTION 2. The Padre/Mustang Island 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 DRAFT MAY 12, 2021 Padre/Mustang Island Area Development Plan City of Corpus Christi Padre/Mustang Island EXHIBIT A THIS PAGE INTENTIONALLY LEFT BLANK Photo Credit: Debbie Noble i PADRE/MUSTANG ISLAND AREA DEVELOPMENT PLAN [DRAFT] MAY 12, 2021 EXHIBIT A EXHIBIT A CITY COUNCIL Paulette M. Guajardo Mayor Michael T. Hunter Council Member At-Large John Martinez Council Member At-Large Mike Pusley Council Member At-Large Billy A. Lerma Council Member District 1 Ben Molina Council Member District 2 Roland Barrera Council Member District 3 Greg Smith Council Member District 4 Gil Hernandez Council Member District 5 PLANNING COMMISSION Jeremy Baugh Chair Daniel Dibble Vice Chair Cynthia Garza Commission Member Javier Gonzalez Commission Member Brian Mandel Commission Member Michael Miller Commission Member Benjamin Polak (Ex-officio) Navy Representative Sheldon Schroeder Commission Member Michael York Commission Member Kamran Zarghouni Commission Member PARTNER AGENCIES Robert MacDonald Corpus Christi Metropolitan Planning Organization (MPO) Craig Casper Corpus Christi Metropolitan Planning Organization (MPO) Gordon Robinson Corpus Christi Regional Transportation Authority (CCRTA) ACKNOWLEDGMENTS ADVISORY COMMITTEE ISLAND STRATEGIC ACTION COMMITTEE Polly Balzer Padre Isles Property Owners Association Daniel Brown III At-Large Roy Coons At-Large Charles Duffley Developer Jay Gardner, Chair Environmental Group Daniel Grimsbo Professional Engineer Tommy Kurtz At-Large Dotson Lewis Jr., Vice Chair Residential Property Owner Robert Pruski Jr. Construction Contractor Melanie Salinas At-Large Cheri Sperling Padre Island Business Association William Uhlarik Realtor FORMER ISLAND STRATEGIC ACTION COMMITTEE MEMBERS* Armon Alex Brud Jones David Perry EX-OFFICIO / NON-VOTING MEMBERS Bryan Gulley Nueces County Keith McMullan Nueces County Water Control and Prevention District #4 Brett Oetting Convention and Visitors Bureau Terry Palmer Watershore and Beach Advisory Committee Twila Stevens Parks and Recreation Advisory Committee PLANNING COMMISSION LIASION Daniel Dibble Planning Commission Liaison CONSULTANT TEAM Freese and Nichols, Inc. 11200 Broadway Street, Offices West Suite 2320 Pearland, TX 77584 *Members that served during the ADP update process. Jodi Steen Carter Tate iiiii PADRE/MUSTANG ISLAND AREA DEVELOPMENT PLAN [DRAFT] MAY 12, 2021 CITY OF CORPUS CHRISTI [DRAFT] MAY 12, 2021 EXHIBIT A EXHIBIT A HOLD FOR ORDINANCE HOLD FOR ORDINANCE viv PADRE/MUSTANG ISLAND AREA DEVELOPMENT PLAN [DRAFT] MAY 12, 2021 CITY OF CORPUS CHRISTI [DRAFT] MAY 12, 2021 EXHIBIT A EXHIBIT A HOLD FOR ORDINANCE HOLD FOR ORDINANCE viivi PADRE/MUSTANG ISLAND AREA DEVELOPMENT PLAN [DRAFT] MAY 12, 2021 CITY OF CORPUS CHRISTI [DRAFT] MAY 12, 2021 EXHIBIT A EXHIBIT A TABLE OF CONTENTS 2 INTRODUCTION 10 FUTURE LAND USE MAP 16 VISION THEMES 24 40 PUBLIC INVESTMENT INITIATIVES POLICY INITIATIVES AND IMPLEMENTATION 1viii PADRE/MUSTANG ISLAND AREA DEVELOPMENT PLAN [DRAFT] MAY 12, 2021 CITY OF CORPUS CHRISTI [DRAFT] MAY 12, 2021 EXHIBIT A EXHIBIT A INTRODUCTION DEVELOPMENT OF THE PLAN The Padre/Mustang Island Area Development Plan (ADP) is an element of the Plan CC Comprehensive Plan. The ADP is intended to provide an analysis of Padre/Mustang Island and create strategic recommendations to guide future development. As the community grows, the City should have plans in place to guide the anticipated growth. By understanding development patterns and the impact it has on the community, the City will be better prepared for the future. This plan serves as a guide for City leadership to make regulatory and policy decisions as well as prioritize infrastructure improvements to increase the quality of life. The Padre/Mustang Island area of Corpus Christi incorporates the land area of both Padre and Mustang Islands within the Corpus Christi city limits. Padre/Mustang Island includes residential neighborhoods, commercial development, and miles of beaches and natural areas. As the development on the Island grows in the future, the Island must focus on balancing future development with the environmental sustainability of the existing natural areas on the Island. The ADP was developed through a comprehensive public engagement process that integrated the examination of the existing conditions and the vision of the community. An Advisory Committee was created to guide the planning process and provide a representation of the area’s residents, business owners, and stakeholders. The Advisory Committee consists of the Island Strategic Action Committee (ISAC) Ex- Officio members and a Planning Commission liaison. The Committee’s participation was essential to the development of the final plan. Although the Advisory Committee championed the plan, the community was involved throughout the process and participated in multiple engagement events and activities. Residents and stakeholders gave their input regarding the future of Padre/Mustang Island through online surveys and various community engagement events, including an online community open house and focus group meetings. Many of the recommendations identified in this plan are a direct product of the input received, resulting in a community-driven plan. 3 INTRODUCTION PADRE/MUSTANG ISLAND AREA DEVELOPMENT PLAN [DRAFT] MAY 12, 2021 EXHIBIT A EXHIBIT A DEMOGRAPHICS COMMUNITY DEMOGRAPHICS The snapshot of the current demographics of Padre/Mustang Island paints a picture of the level of growth and diversity in the area based on Census data and estimates. RACE AND ETHNICITY (2019)1 2.5% Two or More 90.6% White 3.0% Some Other Race 2.4% Asian 0.5% American Indian and Alaska Native 0.9% Black or African American 0.1% Native Hawaiian and Other Pacific Islander 17.8% Hispanic Origin of Any Race AGE (2019)1 48.5 Median Age 42.0% 35 - 64 21.2% 15 - 34 13.0% 85+ 8.1% 5 - 14 3.4% 0 - 4 23.5% 65 - 84 Average Annual Growth Rate 2000-2019 0.99% Corpus Christi 2.48% Padre- Mustang Island *Projected Population 6,300 9,130 10,178 Population Growth by Year 2000 2010 2019 2024* 10,783 POPULATION1 39.1% College Degree 25.9% Some College 16.7% High School Graduate or GED 17.8% Graduate or Professional Degree EDUCATIONAL ATTAINMENT POPULATION 25+ (2019)1 1Source: U.S. Census Bureau, Census 2010 Summary File 1. Esri forecasts for 2019 and 2024. Esri converted Census 2000 data into 2010 geography. 1.5% No High School Degree $315,139 Median Home Value $103,202 Median Household Income 41.2%Owner-Occupied Padre-Mustang Island Corpus Christi Occupied Housing Units 24.1%Renter-Occupied Vacant 9.3% 40.4%Renter-Occupied 50.3%Owner-Occupied HOUSING (2019)1 34.8%Vacant 54 INTRODUCTION INTRODUCTION PADRE/MUSTANG ISLAND AREA DEVELOPMENT PLAN [DRAFT] MAY 12, 2021 CITY OF CORPUS CHRISTI [DRAFT] MAY 12, 2021 EXHIBIT A EXHIBIT A Focus Group Meetings A series of five focus group meetings were held to discuss specific topics related to the Island. The purpose of the meetings was to discuss topics that are significant to the future development of the Island. August 24 & 26, 2020Online Community Meeting 1 Participants joined the live presentation for the first Online Community Meeting to learn about the Area Development Plan process and give input related to the Island’s future growth.March 26, 2020ENGAGEMENT PROCESS ABOUT THE ADVISORY COMMITTEE The Advisory Committee is comprised of the Island Strategic Action Committee (ISAC), Ex-Officio Members, and a Planning Commission Liaison. The Committee consists of 21 Members including residents, business owners, property owners, environmental stakeholders, and representatives of both governmental and non-governmental organizations. Advisory Committee Meeting 4 The Advisory Committee met during the regular ISAC meeting to review the draft Area Development Plan.March 2, 2021Advisory Committee Meeting 2 The Advisory Committee met during the regular ISAC meeting to review the online survey summary and discuss the draft vision themes, policy initiatives, and future land use plan.September 1, 2020DDrraafftt VViissiioonn TThheemmeess Padre/Mustang Island AREA DEVELOPMENT PLAN 16 Online Community Meeting 2 A live online presentation was given to the community to provide the draft vision themes, policy initiatives, and future land use plan. The meeting was broadcast on Facebook Live. A recording of the presentation was available on the project website following the meeting.October 1, 2020MetroQuest Survey Launched An online survey was available to the public, allowing for input to be received regarding the current conditions and vision for the Island.March 12, 2020 to May 11, 2020 Advisory Committee Meeting 3 The Advisory Committee met during the regular ISAC meeting to review draft renderings, action items, and projects. December 3, 2020City of Corpus Christi mmuunniittyy MMeeeettiinngg ##33 rcchh 2255,, 22002211 Padre/Mustang Island 1 Online Community Meeting 3 A live online presentation was given to the community to provide the draft plan. The meeting was broadcast on Facebook Live. A recording of the presentation was available following the meeting.March 25, 2021Advisory Committee Meetings 5 & 6 The Advisory Committee met to recommend the draft plan move forward to be presented to Planning Commission and City Council.April 6, 2021 & May 4, 2021Advisory Committee Meeting 1 The Advisory Committee met during the regular ISAC meeting to identify issues and opportunities for the Island.March 3, 2020Online Open House 1 The Online Open House was available for the community to provide feedback on the draft vision themes, policy initiatives, and future land use plan.October 1, 2020 to October 15, 2020Online Open House 2 The Online Open House was available for the community to provide feedback on the draft plan.March 22, 2021 to April 11, 2021Adoption TBD 76 INTRODUCTION INTRODUCTION PADRE/MUSTANG ISLAND AREA DEVELOPMENT PLAN [DRAFT] MAY 12, 2021 CITY OF CORPUS CHRISTI [DRAFT] MAY 12, 2021 EXHIBIT A EXHIBIT A ONLINE SURVEY SUMMARY ABOUT THE SURVEY Community members had an opportunity to participate in an online survey available from March 12, 2020 to May 11, 2020 to give their feedback on the future of Padre/Mustang Island. Below is a snapshot of the results. 518 Total Respondents “A safe, family friendly place with open beaches and parks where kids can play.“ “Better entertainment, restaurants and shopping without taking away from the Island Coastal community “ “A balance between a sustainable environment, inviting tourism spot and community engagement.“ “Beautiful and safe beaches and views” “A destination for vacationers and locals alike with quality amenities.” “Keeping the island clean, peaceful, and prosperous. Encourage small businesses to provide much needed goods and services.” “50/50 split between primary residences and destination recreation.” WHAT IS YOUR VISION FOR THE ISLAND? WHAT IS YOUR FAVORITE THING ABOUT PADRE-MUSTANG ISLAND? WHAT WOULD YOU CONSIDER THE THREE GREATEST INFRASTRUCTURE ISSUES FACING PADRE-MUSTANG ISLAND TODAY? WHAT WOULD YOU CONSIDER THE GREATEST SOCIAL ISSUE FACING PADRE-MUSTANG ISLAND TODAY? WHAT WOULD YOU CONSIDER THE GREATEST ENVIRONMENTAL ISSUE FACING PADRE-MUSTANG ISLAND? WHAT WOULD YOU CONSIDER THE THREE GREATEST LAND USE ISSUES FACING PADRE-MUSTANG ISLAND TODAY? 41% Hurricanes and Major Storms 51% Crime or Perception of Crime 26% 14% 18% 10% 5% 23% Not enough housing options Not enough job opportunities Not enough or inadequate natural recreation opportunities Not enough or inadequate parks and recreation facilities Lack of variety in shopping, dining, and entertainment choices Competition with other areas of the Coastal Bend Other4% 10% 10% 10% 13% 16% 25%9% Water Infrastructure Sewer Infrastructure Storm Water Infrastructure Traffic and Congestion Poor Street/ Pavement Conditions Lack of golf cart/Off-highway vehicle/Neighborhood electric vehicle paths Failing Septic System 4% Other 1% Access to Bus Service 2% Inability to walk or ride a bike to places 80% Nature, open space and beach areas WHAT IS IMPORTANT TO YOU? 98 INTRODUCTION INTRODUCTION PADRE/MUSTANG ISLAND AREA DEVELOPMENT PLAN [DRAFT] MAY 12, 2021 CITY OF CORPUS CHRISTI [DRAFT] MAY 12, 2021 EXHIBIT A EXHIBIT A FUTURE LAND USE MAP FUTURE LAND USE MAP ABOUT THE FUTURE LAND USE MAP The Future Land Use Map serves as a guide for zoning regulations and influences new development and redevelopment within the City. The Future Land Use Map for the City was adopted with Plan CC and has been revised through the ADP based on feedback from the community. Gulf of Mexico CorpusChristiBay Inset SeaPines D rAquariusStWhiteca p Bl v dPark Rd 22 S tateHwy361Gulf of Mexico CorpusChristiBay Park Rd 22State Hwy 361Whiteca p Bl v dAquarius StSe a Pines D r Future Land UseMixed-UseCommercialGovernmentLight IndustrialLow-Density ResidentialMedium-Density ResidentialHigh-Density ResidentialPlanned DevelopmentTransportationPermanent Open SpaceWaterPadre/Mustang IslandCorpus Christi City Limits Source Freese and Nichols DATE: May 11, 2021 E1 Miles The use of land is a critical ingredient in determining the way people live and work. There are two factors to consider when designating land use, how land is currently being used and potentially could be used in the future. In many cases, the existing active land use on the property remains unchanged. For undeveloped property, there are opportunities to shape the way land can be developed in the future. In both cases, the most direct tool cities have to guide the development of land is through zoning. Zoning is the prescribed legal use of a parcel of land based on city regulations. Zoning is, in large part, influenced by the designations identified on the Future Land Use Map. The Plan CC Comprehensive Plan (adopted 2016) identified future land uses for the entire City and provided guidelines for development. The Area Development Plan process is intended to go into further detail about land uses and development patterns specific to the Padre/Mustang Island planning area. The future land use designations for Padre/Mustang Island have been revised to reflect community input, anticipated development, and best practices. The Padre/Mustang Island Future Land Use Map serves as the guide for future zoning and development decisions and provides a foundation to support the vision and recommendations of the plan. This is accomplished by setting a land use framework that influences regulatory mechanisms and policy decisions that shape the built environment. Each of the designations presented on the Padre/ Mustang Island Future Land Use Map correlates with the designations identified in Plan CC. 11 FUTURE LAND USE MAP PADRE/MUSTANG ISLAND AREA DEVELOPMENT PLAN [DRAFT] MAY 12, 2021 EXHIBIT A EXHIBIT A FUTURE LAND USE CATEGORIES AGRICULTURE/RURAL ENTERPRISE This category includes farms and other enterprises that serve the rural population. RESIDENTIAL USES The predominant residential land use in the City of Corpus Christi is the single-family dwelling at a range of densities. All residential categories also include schools, churches, and neighborhood-serving public uses. • Low-density residential: up to 3 units per acre • Medium-density residential: 4 to 13 units per acre (including two-family dwellings) • High-density residential: more than 13 units per acre COMMERCIAL USES Commercial land uses include retail, services, hotel, and office uses that are typically open to the public at large. High-density residential uses, such as townhomes, cottage housing, apartments, and condominiums are considered compatible with commercial uses. Other commercial uses, such as wholesale and distribution businesses, are included in the light industry category because they have similar impacts, such as high volumes of trucking. Schools, churches, and neighborhood-serving public uses can be included in commercial land use areas. INDUSTRIAL USES Most of the industrial uses within the city limits of Corpus Christi are light industrial; heavy industry is generally located in the industrial districts outside the city limits. TRANSPORTATION Airports, railroads, highway and interstate rights-of-way. MIXED-USE AREAS Mixed-use centers include residential, retail, hotel, and office uses. Mixed-use centers are pedestrian-friendly with buildings oriented towards the street. Residential uses are generally of a higher density, including apartments, condominiums, townhomes, cottage housing, and small-lot single-family residential. The mixture can be vertical, with different uses on different floors of a building, and horizontal, with different uses side by side. Churches, schools and public uses are included in mixed-use areas. INSTITUTIONAL Hospitals, colleges, universities, schools, large churches, and similar institutions, whether public or private, are designated as separate land uses because of their campus-like character, which requires special attention to edges and relationships with adjacent areas. GOVERNMENT Government uses include federal, state, county, regional and municipal government facilities and installations, except for government-owned institutions. PLANNED DEVELOPMENT Planned development areas are lands that are currently undeveloped or underutilized but may be suitable in the future for a variety of uses, taking into account environmental and other constraints. Designated on Padre and Mustang islands and in the potential annexation areas, planned development areas are expected to require a rezoning tied to a master planning process or an Area Development Plan process. PERMANENT OPEN SPACE Parks and playgrounds, recreational fields and facilities, greenways, and other green areas managed for public access and recreation. Note: For more information about categories included in the Future Land Use Map, please refer to pages 55-57 of Plan CC. 1312 FUTURE LAND USE MAP FUTURE LAND USE MAP PADRE/MUSTANG ISLAND AREA DEVELOPMENT PLAN [DRAFT] MAY 12, 2021 CITY OF CORPUS CHRISTI [DRAFT] MAY 12, 2021 EXHIBIT A EXHIBIT A FUTURE LAND USE MAP Gulf of Mexico Corpus Christi Bay Inset SeaPines DrAquariusStWhiteca p Bl v dPark Rd 22 S tateHwy361Gulf of Mexico Corpus Christi Bay Park Rd 22State Hwy 361Whiteca p Bl v dAquarius StSea Pines D r Future Land Use Mixed-Use Commercial Government Light Industrial Low-Density Residential Medium-Density Residential High-Density Residential Planned Development Transportation Permanent Open Space Water Padre/Mustang Island Corpus Christi City Limits Source Freese and Nichols DATE: May 11, 2021 E1 Miles LAND USE ACRES % Mixed-Use 495 2% Commercial 404 2% Government 62 0% Light Industrial 1 0% Low-Density Residential 15 0% Medium-Density Residential 877 4% High-Density Residential 270 1% Planned Development 3,787 17% Transportation 821 4% Permanent Open Space 6,482 30% Water 8,530 39% Total 21,744 100% 1514 FUTURE LAND USE MAP FUTURE LAND USE MAP PADRE/MUSTANG ISLAND AREA DEVELOPMENT PLAN [DRAFT] MAY 12, 2021 CITY OF CORPUS CHRISTI [DRAFT] MAY 12, 2021 EXHIBIT A EXHIBIT A VISION THEMES Although development is generally impacted by a variety of regulatory factors, market influences, and budgetary availability; a community with a clear vision can better focus the goals for the future. The vision for the community should be a high level overarching idea of the future that maintains a singular path for the future. To achieve that vision, the City must make an effort to direct development and make improvements that align with the vision. Through the public engagement process, three vision themes emerged related to the residents’ desires for the future. The following are the vision themes identified: • Safe, Family-Friendly Community »Continue to foster safe, family-friendly neighborhoods that provide needed amenities and services for local residents. • Blended Residential Community and Destination Location »Encourage tourism and the development of local commercial businesses to build a strong economic environment and sufficiently support the year-round residential community. VISION THEMES MY VISION IS... • Environmental Preservation »Capitalize on existing environmental features as assets for the community and ensure the preservation of these areas as the Island continues to develop. 17 VISION THEMES PADRE/MUSTANG ISLAND AREA DEVELOPMENT PLAN [DRAFT] MAY 12, 2021 EXHIBIT A EXHIBIT A KEY ELEMENTS COMMUNITY INPUTSAFE, FAMILY-FRIENDLY COMMUNITY Continue to foster safe, family-friendly neighborhoods that provide needed amenities and services for local residents.The following community input supports the vision theme: “A great place to live and raise my kids while still being an attraction for recreation and entertainment.” “A family friendly community where people can enjoy living and feel safe.” “More things to do, such as shops, places to run, family activities.” “Encourage small businesses to provide much needed goods and services.” • Family-Friendly Neighborhood • Well-Maintained Park Facilities • Walkable/Bikeable Streets • Park Amenities like Community Gardens and Playground • Access to Water Activities • Golf Cart Paths VISION The Island is a coastal community that features family-friendly neighborhoods and a strong sense of community. With safe neighborhoods and quality amenities, the Island continues to be a wonderful place to live, work, and raise a family. Close access to the beach and water activities is only one of the many reasons that people call the Island home. In the future, the local parks are maintained and include a variety of amenities like walking trails, community gardens, and recreational equipment for all ages. A well-connected system of safe, walkable streets and trails encourages walking, cycling, and the use of neighborhood electric vehicles, and allows residents to traverse the Island from beach-to-bay. As the Island evolves, the future vision is to continue to maintain the existing sense of community that already permeates throughout the Island. 1918 VISION THEMES VISION THEMES PADRE/MUSTANG ISLAND AREA DEVELOPMENT PLAN [DRAFT] MAY 12, 2021 CITY OF CORPUS CHRISTI [DRAFT] MAY 12, 2021 EXHIBIT A EXHIBIT A KEY ELEMENTS COMMUNITY INPUTBLENDED RESIDENTIAL COMMUNITY AND DESTINATION LOCATION Encourage tourism and the development of local commercial businesses to build a strong economic environment and sufficiently support the year-round residential community. The following community input supports the vision theme: “Good restaurants, resort atmosphere, geared to both tourists and residents.” “To see our community as a great place to live and a great place to visit.” “More developed with hopefully shops and restaurants along the Canal and lake padre where park road 22 bridge is to be built.” • Improved PR22 with New Bridge and Golf Cart Path • Commercial/Mixed-Use Development • Town Center Style Development • Marina Development • Tourist Activities VISION The Island aims to be a premier destination location that seamlessly blends a coastal residential community with a lively tourism center. Commercial and mixed-use development is encouraged along PR22 to provide needed services and create entertainment opportunities to attract residents and visitors to the Island. Creating a town-center style development will serve as the community center and focus of entertainment activities on the Island. Improvements in tourism infrastructure such as hotel facilities, creation of a marina, and conference facilities allow the Island to better accommodate large events like festivals and tournaments. Amenities encourage visitors to extend their stay on the Island without having to use their personal vehicles during their visit. Additionally, using various wayfinding and branding elements throughout the Island could promote its identity. 2120 VISION THEMES VISION THEMES PADRE/MUSTANG ISLAND AREA DEVELOPMENT PLAN [DRAFT] MAY 12, 2021 CITY OF CORPUS CHRISTI [DRAFT] MAY 12, 2021 EXHIBIT A EXHIBIT A KEY ELEMENTS COMMUNITY INPUTENVIRONMENTAL PRESERVATION Capitalize on existing environmental features as assets for the community and ensure the preservation of these areas as the Island continues to develop. The following community input supports the vision theme: “A balance between a sustainable environment, inviting tourism spot and community engagement.” “Preserve natural beauty, avoid overdevelopment.” “Better entertainment, restaurants and shopping without taking away from the Island Coastal community.” • Healthy Dunes • Beach Activity • Vehicle Access to the Beach • Conservation Corridors • Limited Development VISION Padre and Mustang Islands feature miles of beaches and wetlands stretching across both islands that serve as unique assets for residents and visitors. As the development of the Island progresses, it is essential to balance the preservation of natural areas with a sustainable level of growth. There should be a focus on protecting the beaches to support the dune system and protect the Island community and, ultimately, the mainland. Creating conservation corridors and mitigating barriers between critical habitat areas will benefit local wildlife and overall environmental stability. Implementing educational and monitoring programs will support the on-going maintenance and enhancement of preservation and conservation areas on the Island. 2322 VISION THEMES VISION THEMES PADRE/MUSTANG ISLAND AREA DEVELOPMENT PLAN [DRAFT] MAY 12, 2021 CITY OF CORPUS CHRISTI [DRAFT] MAY 12, 2021 EXHIBIT A EXHIBIT A POLICY INITIATIVES AND IMPLEMENTATION POLICY INITIATIVES Six policy initiatives were established to focus on implementation efforts to achieve the vision themes 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. POLICY INITIATIVES VISION THEMES SAFE, FAMILY- FRIENDLY COMMUNITY BLENDED RESIDENTIAL COMMUNITY AND DESTINATION LOCATION ENVIRONMENTAL PRESERVATION 1 Improve traffic flow, Island ingress and egress, safety, and roadway quality. 2 Enhance park and recreation facilities to provide various activities and entertainment for all ages. 3 Expand tourism on the Island by increasing marketing efforts and providing a variety of events and attractions. 4 Protect and monitor natural resources and assets critical to the health of the barrier island and regional ecosystem. 5 Accommodate safe, efficient movement of pedestrians, bikes, and golf carts throughout the Island. 6 Support and encourage compatible and context-sensitive development that provides a mix of land uses and respects the environment. 25 POLICY INITIATIVES AND IMPLEMENTATION PADRE/MUSTANG ISLAND AREA DEVELOPMENT PLAN [DRAFT] MAY 12, 2021 EXHIBIT A EXHIBIT A IMPROVE TRAFFIC FLOW, ISLAND INGRESS AND EGRESS, SAFETY, AND ROADWAY QUALITY 1.1. Coordinate with the Corpus Christi Metropolitan Planning Organization (MPO) to update the Urban Transportation Plan based on traffic demand modeling. 1.1.1. Delete the proposed collector street located on the west side of SH361, located within Mustang Island State Park and between Beach Access Road 2 and Seaway Drive Extension, from the Urban Transportation Plan. 1.2. In coordination with Federal, State, Regional, and County agencies, prioritize a long-term action plan for maintaining sufficient emergency egress from the Padre and Mustang Islands, which may include a second crossing of the Laguna Madre, expanding the current JFK Causeway Bridge, and/ or replacing the JFK Causeway Bridge (constructed in 1973). 1.3. For public safety and to protect roadway capacity on SPID/PR22 and SH361, work with TxDOT on access management controls for future development, i.e., shared driveways, interconnected parking, etc. Example of Access Management Controls 1 HOW WE GET THERE 1.4. Work with the MPO and TxDOT to develop a solution for traffic congestion at the PR22 and SH361 intersection. 1.5. Continue to work with private landowners, TxDOT and the Texas General Land Office to identify potential beach accesses and get them constructed (i.e. Access 2B) and continue to maintain these access roads for the benefit of the public. 1.6. Rename beach access roads to correspond with their adjacent mile marker to facilitate emergency response. ABOUT THE ISLAND STRATEGIC ACTION COMMITTEE The Island Strategic Action Committee (ISAC) was established by the City Council of the City of Corpus Christi to accomplish the following: 1. The ISAC shall develop specific strategies for implementation of the Padre/Mustang Island Area Development Plan with specific timelines to implement the respective strategies and a clear determination of which agency or individual is responsible to implement specific projects or programs. 2. The highest priority projects for the ISAC include, but are not limited to: a) Recommending appropriate Padre/Mustang Island ADP projects for inclusion in the next City Bond program; b) Recommending implementation of sustainable new or additional funding sources for the Padre-Mustang Island area, i.e., tax increment reinvestment zones, public improvement districts, municipal management districts, or other mechanisms to fund projects; c) Providing annual input on the City’s Capital Improvements Program; d) Recommending State legislation pertaining to island concerns. 2726 POLICY INITIATIVES AND IMPLEMENTATION POLICY INITIATIVES AND IMPLEMENTATION PADRE/MUSTANG ISLAND AREA DEVELOPMENT PLAN [DRAFT] MAY 12, 2021 CITY OF CORPUS CHRISTI [DRAFT] MAY 12, 2021 EXHIBIT A EXHIBIT A 1.7. Ensure priority residential streets are incorporated in the City’s Infrastructure Management Plan. 1.7.1. Monitor roadway speed limits on major corridors and consider methods and improvements to reduce vehicular speeds if necessary, such as installing street trees and landscaping, incorporating roundabouts, speed humps, medians, or pinch points, and the introduction of safe pedestrian facilities along the roadway. 1.8. Collaborate with property owners to explore opportunities and tools to privately finance construction of paper streets on the Island. 1.9. Coordinate with the Corpus Christi Regional Transportation Authority (CCRTA) or private commercial providers to develop flexible mobility services to meet diverse travel needs that serve points of interest on the Island for residents and visitors. 1.9.1. Investigate options for adding water transportation, microtransit, on-demand, and other modes of connecting destinations on the Island. Northern Area Paper Street Inventory 1.10. Conduct a transportation study to identify walking, cycling, and golf cart pathways that connect residential neighborhoods to commercial and retail uses, as well as the east and west sides of the Island. 1.11. Develop a program to install street lighting on Padre Island where current conditions are not meeting the City lighting standards for the distance between light poles. Ensure lighting standards reduce light pollution to maintain dark skies to protect sea turtles and birds. 1.12 Pursue grant opportunities to implement Safe Routes to School Programs that promote safe opportunities for walking and bicycling to school. Example of Bicycle and Pedestrian Improvements with On-Street Parking, Protected Multiuse Path, and Pedestrian Crosswalk on Leeward Drive Example of Signage Along Golf Cart Path 2928 POLICY INITIATIVES AND IMPLEMENTATION POLICY INITIATIVES AND IMPLEMENTATION PADRE/MUSTANG ISLAND AREA DEVELOPMENT PLAN [DRAFT] MAY 12, 2021 CITY OF CORPUS CHRISTI [DRAFT] MAY 12, 2021 EXHIBIT A EXHIBIT A ENHANCE PARK AND RECREATION FACILITIES TO PROVIDE VARIOUS ACTIVITIES AND ENTERTAINMENT FOR ALL AGES 2.1. Prioritize full development of existing parks on the Island. These parks include Jackfish, Aquarius, Commodores, Billish, and Douden Parks. The improved parks will be regularly maintained according to the City’s Parks Master Plan. 2.1.1. Identify appropriate locations to incorporate or add new park amenities, including walking trails, community gardens, volleyball courts, pickleball courts, tennis courts, splash pads. 2.1.2. Encourage community participation and partnerships to implement the recommendations of the Parks Master Plan Update (underway at time of print). 2.2. Improve and maintain the Packery Channel recreational facilities such as roadway access, parking, pavilions, concessions, bathhouses, restrooms, public fishing facilities, beach maintenance, observation areas, nature trails, and street lighting. Sandy and Don Billish Park 2 HOW WE GET THERE Packery Channel Recreational Facilities functions, and other public/recreational functions. If land on existing City parks is not suitable, the City should consider a joint agreement with the County on County park land in the area. 2.6. Encourage the development of an ocean safety and educational training center, nature center, canoe/kayak clubs, surf clubs to promote water recreation and water safety programming. 2.7. Investigate opportunities to utilize effluent from the Whitecap Wastewater Treatment Plant to irrigate landscaping at parks, public rights-of-way, and other municipal facilities where feasible. 2.8. Investigate opportunities for providing public library services on the Island such as via a vending machine, a bookmobile library, or by placing satellite book collections within publicly accessible buildings. Programming services, such as storytime, could be provided at a publicly accessible building via a roving Librarian. Padre Balli Park Beach Maintenance Photo Credit: Debbie Noble 2.3. Analyze and pursue alternative means of creating special funds for capital improvements, public facilities, and beach operations/maintenance. These funding mechanisms may include bond program funding, hotel/motel tax, beach parking fees, grants, and other local, State, or Federal programs, such as Coastal Erosion Planning and Response Act (CEPRA), Coastal Management Plan (CMP), Gulf of Mexico Energy Security Act (GOMESA), RESTORE Act, Texas Parks and Wildlife (TPWD) Outdoor Recreation Grants, etc. 2.3.1. Conduct on-going coordination with Nueces County and other organizations that focus on environmental improvements and sustainability to provide consistency and efficiency in beach maintenance efforts. 2.3.2. Conduct a beach parking fee study to determine how current parking fees compare to industry standards and if they sufficiently fund beach maintenance needs and safety operations. 2.3.3. Work with partner agencies to evaluate extension of the TIRZ. 2.4. Pursue additional public boat ramps and parking for access to the Laguna Madre and Corpus Christi Bay. Joint public agreements between the County, the State, or other entities could facilitate this objective and reduce overall costs. 2.5. Explore the development of a public, private, or joint multi-purpose meeting facility as a place for senior citizen activities, voting facility, resident public 3130 POLICY INITIATIVES AND IMPLEMENTATION POLICY INITIATIVES AND IMPLEMENTATION PADRE/MUSTANG ISLAND AREA DEVELOPMENT PLAN [DRAFT] MAY 12, 2021 CITY OF CORPUS CHRISTI [DRAFT] MAY 12, 2021 EXHIBIT A EXHIBIT A EXPAND TOURISM ON THE ISLAND BY INCREASING MARKETING EFFORTS AND PROVIDING A VARIETY OF EVENTS AND ATTRACTIONS3 HOW WE GET THERE 3.1. Signage requirements should promote a coordinated and cohesive design and reinforce a desirable identity of the Island. 3.1.1. Develop and implement a consistent branding strategy for the Island in coordination with the overall Visit Corpus Christi wayfinding master plan currently in development. 3.1.2. Develop sign code requirements that promote the identity of the Island. 3.2. Promote tourist-oriented development east of State Highway 361/Park Road 22 and between Zahn Road and Whitecap Boulevard by providing public and private amenities to make the area more attractive and “people-friendly”. These amenities should support a multimodal transportation system (pedestrian, bicycle, vehicular, golf cart, and water transit) and uniquely attractive developments, both public and private, with facilities using the highest quality design and materials. Example of Directional Signage with City Branding Example of Signage with Consistent Character Meeting Design Requirements Such as Colors and Sign Type 3.3. Private land located south of the Packery Channel and landward of the seawall should be developed with a mix of high-density tourist-oriented commercial and residential activities. Development standards for this area will be of a very high order requiring abundant landscaping, a consistent urban design theme, and public improvements that exceed standard requirements. 3.4. Encourage the development of a full- service marina in Lake Padre opening up Padre Island to recreational sailing and power vessels with unfettered access to the Gulf. 3.5. Encourage festival sites on the Island for special events. Facility improvements are intended to make the Corpus Christi Gulf Coast a premier location for hosting special beach events. Festival site facilities and locations may be developed as joint ventures with the County, State, or with private property owners. 3.5.1. Evaluate the feasibility of various City or County-owned property on the Island to serve as a festival site. 3.6. Provide destination, recreation, and entertainment options and activities that encourage visitors to lengthen their stay on Padre/Mustang Island. 3.7. Partner with Visit Corpus Christi for a focused campaign to promote the Island. 3.7.1. Specify tourism opportunities for eco-tourism, fishing, birding, water sports, and family-friendly activities through marketing efforts. 3.7.2. Coordinate with Visit Corpus Christi to implement initiatives identified in the 2021-2023 Strategic Plan. 3.7.3. Conduct a feasibility study for a conference and events center and hotel on the Island. 3.8. Facilitate town center style development around Lake Padre to serve as a central gathering space for residents and visitors. 3.8.1. Implement commercial or mixed-use zoning around Lake Padre to support retail and commercial uses as well as visitor accommodations and housing. 3.8.2. Coordinate with property owners about the future development of properties around Lake Padre. Barefoot Mardi Gras Photo Credit: Debbie Noble 3332 POLICY INITIATIVES AND IMPLEMENTATION POLICY INITIATIVES AND IMPLEMENTATION PADRE/MUSTANG ISLAND AREA DEVELOPMENT PLAN [DRAFT] MAY 12, 2021 CITY OF CORPUS CHRISTI [DRAFT] MAY 12, 2021 EXHIBIT A EXHIBIT A PROTECT AND MONITOR NATURAL RESOURCES AND ASSETS CRITICAL TO THE HEALTH OF THE BARRIER ISLAND AND REGIONAL ECOSYSTEM 4.1. The design and use of naturally regenerating systems for prevention and control of beach dune erosion are encouraged and preferred over bulkheads and other hard structures provided the protection system is a reasonable solution to the site where it is proposed. Regenerating systems include, but are not limited to: 1. Beach nourishment; 2. Adaptive beach management practices; 3. Planting with short-term mechanical assistance, when appropriate; and 4. Any other method consistent with the recommendations of the Texas General Land Office’s Dune Protection and Improvement Manual for the Texas Gulf Coast. 4 HOW WE GET THERE 4.2. Encourage the protection of sensitive wildlife habitats and the Islands’ environment by considering innovative design techniques, implementation of incentives for developers, and allowing higher than typical development density in uplands where practical. It is not the intent of this plan to initiate requirements for protection of non- jurisdictional wetlands. 4.2.1. Incentivize developers to voluntarily preserve the existing natural environment by concentrating the total number of units allowed, based on gross acreage (including wetlands), into a multi-story building or buildings. This “cluster development” results in large setbacks, buffer zones, reduced infrastructure costs, and more permanent open space. 4.3. Develop a revision to the landscape requirements in the City’s Unified Development Code to create an indigenous species and wetlands allowance for landscaping on the barrier islands. New development may incorporate natural wetlands and vegetation to partially satisfy landscape requirements where such features can meet the screening performance criteria. 4.4. Complete construction of the Park Road 22 bridge and canal connecting Lake Padre/Packery Channel with the existing Padre Isles Subdivision to improve canal system water quality in Padre Isles; improve surface drainage along SPID by providing outfalls for storm drainage along the roadway; and provide a convenient water transportation system for small watercraft between the Padre Isles residential area and future commercial development in Lake Padre/ Packery Channel. 4.5. Encourage the development of future expanded canal systems as part of future developments on North Padre Island and Mustang Island. 4.6. Continue on-going maintenance of the Packery Channel as it is a valuable resource for material to re-nourish the beach. 4.7. Continue to reuse effluent from the Whitecap Wastewater Treatment Plant to benefit the Island as a source of water for landscaping on the Islands. 4.8. Coordinate with responsible agencies to update and implement the Joint Erosion Response Plan. 4.9. Establish a baseline and sufficient funding to support sustainable Example of Effluent Water Used for Landscaping monitoring of the beach and dune resources and assess effectiveness of policies and programs in place. 4.10. Participate in development and updates of other agencies’ documents, such as the Texas General Land Office’s Texas Coastal Resiliency Master Plan. 4.11. Implement dune construction and repair methods recommended by the Dune Protection and Improvement Manual for the Texas Gulf Coast. 4.12. Improve stormwater infrastructure to address flooding on roadways and standing water. Where appropriate, incorporate rainwater infiltration infrastructure such as bioswales and permeable parking surfaces. 4.13. Work with environmental organizations to conserve the critical habitat for protected species, including Red Knots, Black Rails, and Piping Plover. 4.13.1. Develop and preserve conservation corridors to provide freedom of movement 3534 POLICY INITIATIVES AND IMPLEMENTATION POLICY INITIATIVES AND IMPLEMENTATION PADRE/MUSTANG ISLAND AREA DEVELOPMENT PLAN [DRAFT] MAY 12, 2021 CITY OF CORPUS CHRISTI [DRAFT] MAY 12, 2021 EXHIBIT A EXHIBIT A for wildlife. Explore options and feasibility of connecting critical habitats across SH361 and PR22, such as large culvert tunnels and land bridges. 4.14. Work with the Texas General Land Office and local environmental and community organizations to implement restoration projects on Padre and Mustang Islands. 4.15. Discourage invasive and nuisance animal and plant species and encourage the use of native coastal plant species on the Island through education programs and by updating city ordinances. 4.15.1. Provide a program to educate the public about the dangers of invasive species to the sensitive ecosystem on the Island, such as the Brazilian Pepper Tree. 4.15.2. Partner with and expand the Texas Gulf Coast Cooperative Weed Management Area program south, beyond the current Packery Channel project boundary. 4.15.3. Develop a program to educate residents about the benefits and services the urban forest provides and encourage tree preservation and planting activities on public and private lands. 4.15.4. Work with other public, environmental, and community organizations to identify and prioritize preservation of remnant native groves, such as oak mottes, that provide critical habitat to resident and migratory birds. Example of Bioswale Example of Permeable Parking Surface 4.15.5. Work with residents to identify appropriate locations within public parks and grow native dune vegetation to replant on dunes after storms. 4.15.6. Work with other public, environmental, and community organizations to develop a strategy for balancing habitat needs and managing wildlife in developed and developing areas of the Island. ACCOMMODATE SAFE, EFFICIENT MOVEMENT OF PEDESTRIANS, BIKES, AND GOLF CARTS THROUGHOUT THE ISLAND 5.1. Implement the pedestrian and bicycle amenities as prescribed in the MPO’s Strategic Plan for Active Mobility Phase 1: Bicycle Mobility (adopted 2016) and Phase II: Pedestrian Mobility (under development). These plans are intended to foster cycling and walking as safe and viable transportation alternatives to enhance access to essential goods and services for all residents and visitors in our community. 5.1.1. Work with property owners to secure needed easements. 5.1.2. Coordinate with the MPO to update the Mobility Plan to include connectivity for a range of transportation options, such as pedestrians, bicycles, golf carts and other Neighborhood Electric Vehicles (NEVs), and possibly autonomous delivery robots and other technologies in the future. 5.2. Create a sidewalk network that provides pedestrian connectivity among residential, retail, commercial, and recreational uses. 5.2.1. Provide safe pedestrian facilities along PR22. 5.2.2. Encourage private developers to incorporate a pedestrian boardwalk along Lake Padre. 5 HOW WE GET THERE 5.3. Make roadway and trail improvements to create a community that can easily be traveled from beach-to-bay. 5.3.1. Improve pedestrian safety infrastructure to facilitate crossing PR22 at Whitecap Blvd. and SH361. 5.3.2. Where feasible and appropriate, use simple and low-cost interventions to create safe pedestrian and bicycle facilities, such as painting trails on existing pavement, adding perpendicular concrete or rubber wheel blocks, or flexible delineator posts to separate pedestrians and bicycles from vehicles. Identify a location for a demonstration project, such as the streets in the vicinity of the North Padre Seawall. 5.4. Coordinate with the Corpus Christi Regional Transportation Authority (CCRTA) to increase transit service to and from the Island and enhance rider amenities. 5.5. Coordinate with the MPO and TxDOT to evaluate options for providing a pedestrian and bicycle connection to Flour Bluff. 5.6. Incorporate ADA accessibility in all pedestrian connectivity improvements ensuring people of all abilities are accommodated. 3736 POLICY INITIATIVES AND IMPLEMENTATION POLICY INITIATIVES AND IMPLEMENTATION PADRE/MUSTANG ISLAND AREA DEVELOPMENT PLAN [DRAFT] MAY 12, 2021 CITY OF CORPUS CHRISTI [DRAFT] MAY 12, 2021 EXHIBIT A EXHIBIT A SUPPORT AND ENCOURAGE COMPATIBLE AND CONTEXT-SENSITIVE DEVELOPMENT THAT PROVIDES A MIX OF LAND USES AND RESPECTS THE ENVIRONMENT6 HOW WE GET THERE 6.1. Place utility lines underground, where practical, and minimize disturbance of wetlands, dunes, or other sensitive habitats and wildlife. This will improve the aesthetics of the area and potentially improve public safety, particularly in times of weather emergencies. 6.1.1. The installation of new electrical, telephone, or other utility lines, where practical along expressways, arterials, and collector streets, or the substantial expansion of existing electrical, telephone, or other utility lines along these roadways should be accomplished underground or underwater, where practical. 6.1.2. Existing utility lines are to be relocated underground wherever practical, as the City and/or State undertake street or highway projects or when a utility company replaces overhead utility lines. 6.2. Update building code requirements to encourage new construction to implement resilient building standards and technologies paired with reduced insurance burdens for property owners. 6.3. Review existing Planned Unit Developments (PUDs) to determine common elements and incorporate them into a new base zoning district. 6.4. Identify priority wetland habitats on public lands for preservation and restoration and develop a program to facilitate development mitigation requirements within these prioritized sites. 6.5. Develop a consistent theme and character for Island businesses that create a sense of place. 6.5.1. Review and update the Island Overlay District to incorporate design standards that align with the character of the Island. Recommended updates include adding golf cart and bicycle parking facilities, revised architectural design, and revised landscaping requirements. Example of Development with Island Character 6.6. Encourage the development of locally owned, boutique-style retail and entertainment venues. 6.6.1. Work with the Corpus Christi Regional Economic Development Corporation (CCREDC) and the Del Mar Small Business Center to identify opportunities that encourage and incentivize small businesses development. 6.7. Expand the availability of 5G and broadband fiber connections on the Island. 6.8. Promote solid waste programs for brush and bulky items on the Island, such as the Community Cleanup Trailer, Litter Critter, and Super Bag programs. 6.9. Improve water and wastewater infrastructure to support future development along PR22 and continue to coordinate with the Nueces County Water Control and Improvement District #4 regarding water and wastewater service to Mustang Island north of Beach Access Road 3. 6.10. Police staffing will be increased as population grows and call volume increases. 3938 POLICY INITIATIVES AND IMPLEMENTATION POLICY INITIATIVES AND IMPLEMENTATION PADRE/MUSTANG ISLAND AREA DEVELOPMENT PLAN [DRAFT] MAY 12, 2021 CITY OF CORPUS CHRISTI [DRAFT] MAY 12, 2021 EXHIBIT A EXHIBIT A PUBLIC INVESTMENT INITIATIVES The built environment is the physical interpretation of the vision for the community. The following public investment projects represent improvements that directly support the implementation of the vision and goals. These projects should inform the capital improvement program (CIP) by prioritizing projects identified here for future CIP planning. 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 time frames: • Short-Term (Next 5 Years) • Mid-Term (6-10 Years) • Long-Term (More Than 10 Years) Short-term projects can begin soon after adoption. These projects are considered “low hanging fruit.” They are more attainable and do not require large amounts of funding. These projects are generally planned CIP projects in the next five years. Mid-term projects are not as attainable within the first five years. They require planning or funding to prepare but should be implemented in six to ten years. Long-term projects may not currently have an anticipated time frame for implementation or may require prerequisite planning before implementation. Long-term projects should be revisited to assess the status of the project and determine if implementation can be accomplished sooner. PUBLIC INVESTMENT INITIATIVES 41 PUBLIC INVESTMENT INITIATIVES PADRE/MUSTANG ISLAND AREA DEVELOPMENT PLAN [DRAFT] MAY 12, 2021 EXHIBIT A EXHIBIT A SHORT-TERM (1-5 YEARS) # PROJECT NAME PARK AND TRAIL IMPROVEMENTS P1 North Padre Island Beach Facility* P2 Douden Park Improvements P3 Aquarius Park Improvements P4 Billish Park Park Amenity Improvements & Covered Basketball Court P5 Packery Channel Dredging & Beach Nourishment P6 Packery Channel Hurricane Harvey Repairs P7 Packery Channel Monitoring P8 Dune and Beach Monitoring* P9 Riley P. Dog Park (Civic Organization) STREET IMPROVEMENTS S1 Park Road 22 Bridge S2 JFK Causeway Access Road Improvements (Bond 2018) S3 Jackfish Ave. Improvements S4 PR22 Median Improvements (Compass St.) S5 PR22 South Access Road Improvements S6 Encantada Traffic Safety Improvement Project S7 Beach Access Road 2A Design (Bond 2020) S8 Beach Access Road 2A Construction S9 Island Mobility Plan for Pedestrian, Bicycle, Golf Cart, and Other Alternative Transportation* S10 Pedestrian and Bike Safety Improvements (North Padre Sea Wall Area) # PROJECT NAME S11 Sea Pines Dr. Rehabilitation S12 Cruiser St. Rehabilitation S13 King Phillip Ct. Rehabilitation S14 Aquarius St. Rehabilitation (Commodores Dr. to Das Marinas Dr.) S15 Aquarius St. Rehabilitation (Topsail St. to Whitecap Blvd.) S16 Caravel Dr. Rehabilitation S17 Yardarm Ct. Rehabilitation S18 Bowspirit Ct. Rehabilitation S19 Mutiny Ct. Rehabilitation S20 Beaufort Ct. Rehabilitation S21 Blackbeard Dr. Rehabilitation S22 Man O War Ct. Rehabilitation S23 Barataria Dr. Rehabilitation S24 Years 3-5 IMP** UTILITY/INFRASTRUCTURE IMPROVEMENTS U1 Packery Channel Water Line U2 Sand Dollar Pump Station U3 Whitecap Wastewater Treatment Plant Improvements U4 Whitecap Wastewater Treatment Plant, Odor Control, Bulkhead Improvements U5 Park Road 22 Lift Station U6 Aquarius Lift Station Repairs U7 Impact Fee Study - Utility Master Plan Updates (Water, Wastewater, Stormwater, Roads)* *Project Not Mapped **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 Council for adoption annually. Residents are encouraged to visit https://www.cctexas.com/imp for the most current list of projects. ! ! !! ! ! ! ! ! !! !! !! Gulf of Mexico Corpus Christi Bay Inset S7 S8 SeaPines D rAquariusStWhiteca p Bl v dPark Rd 22 S tateHwy361! ! ! ! ! ! ! ! ! !! !! !! Gulf of Mexico Corpus Christi Bay Park Rd 22 Whiteca p Bl v d State Hwy 361Aquarius StS13 S22 S23 S20 S18 S19 S17 S21 S1 S14 S16 S15 S2 S11 S12 U4 U3 U1 U5 U2 P2 S4 P5, P6, P7S3 U6 P3 P9 S5 S6 P4 S10 Public Investment Initiatives Short Term Project Types Health and Safety Improvements Parks and Trails Street Improvements Utility/Infrastructure Improvements Padre/Mustang Island Corpus Christi City Limits DATE: May 7, 2021 E1 Miles 4342 PUBLIC INVESTMENT INITIATIVES PUBLIC INVESTMENT INITIATIVES PADRE/MUSTANG ISLAND AREA DEVELOPMENT PLAN [DRAFT] MAY 12, 2021 CITY OF CORPUS CHRISTI [DRAFT] MAY 12, 2021 EXHIBIT A EXHIBIT A MID-TERM (5-10 YEARS) # PROJECT NAME PARK AND TRAIL IMPROVEMENTS P10 Seawall Repairs, Access Improvements, and Amenities (Private Owner-Funded) P11 Seawall Parking Lot Pavilion P12 Ulberg Park Improvements P13 Commodore Park Improvements P14 Shamrock Island Restoration (GLO Project) P15 Mustang Island Bayside Wetlands Restoration (GLO Project) P16 Packery Channel Nature Park Habitat Restoration (GLO Project) STREET IMPROVEMENTS S25 PR22/SH361 Intersection Improvements Study and Implementation (TxDOT) S26 PR22 Pedestrian and Access Management Improvements (TxDOT) S27 Packery Channel Loop Road S28 Mobility Plan Implementation Phase I* S29 JFK Causeway Evaluation* S30 Paper Street Development* (Private Ownership) UTILITY/INFRASTRUCTURE IMPROVEMENTS U8 Whitecap Wastewater Treatment Plant Improvements *Project Not Mapped Acronyms GLO - General Land Office (Projects are from the Texas Coastal Resiliency Plan) TxDOT - Texas Department of Transportation ! ! ! !!! ! Gulf of Mexico Corpus Christi Bay Inset P14 P15 SeaPines D rAquariusStWhiteca p Bl v dPark Rd 22 S tateHwy361! ! ! ! ! ! Gulf of Mexico Corpus Christi Bay Park Rd 22 Whiteca p Bl v d State Hwy 361Aquarius StP16 P10 S25 P11 U8 S26 S27 P12 P13 Public Investment Initiatives Mid Term Project Types Health and Safety Improvements Parks and Trails Street Improvements Utility/Infrastructure Improvements Padre/Mustang Island Corpus Christi City Limits DATE: May 7, 2021 E1 Miles 4544 PUBLIC INVESTMENT INITIATIVES PUBLIC INVESTMENT INITIATIVES PADRE/MUSTANG ISLAND AREA DEVELOPMENT PLAN [DRAFT] MAY 12, 2021 CITY OF CORPUS CHRISTI [DRAFT] MAY 12, 2021 EXHIBIT A EXHIBIT A LONG-TERM (10+ YEARS) # PROJECT NAME PARK AND TRAIL IMPROVEMENTS P17 Bike Path from Balli Park to Padre Island National Seashore P18 Multi-Purpose Community Meeting Facility* STREET IMPROVEMENTS S31 Mobility Plan Implementation Phase II* *Project Not Mapped Gulf of Mexico Corpus Christi Bay Inset P17 SeaPines D rAquariusStWhiteca p Bl v dPark Rd 22 S tateHwy361Gulf of Mexico Corpus Christi Bay Park Rd 22 Whiteca p Bl v d State Hwy 361Aquarius StP17 Public Investment Initiatives Long Term Project Types Health and Safety Improvements Parks and Trails Street Improvements Utility/Infrastructure Improvements Padre/Mustang Island Corpus Christi City Limits DATE: May 7, 2021 E1 Miles 4746 PUBLIC INVESTMENT INITIATIVES PUBLIC INVESTMENT INITIATIVES PADRE/MUSTANG ISLAND AREA DEVELOPMENT PLAN [DRAFT] MAY 12, 2021 CITY OF CORPUS CHRISTI [DRAFT] MAY 12, 2021 EXHIBIT A EXHIBIT A TAX INCREMENT REINVESTMENT ZONE (TIRZ) #2 Tax Increment Reinvestment Zone #2 TIRZ #2 Padre/Mustang Island Corpus Christi City Limits E1 Miles Source: City of Corpus Christi Draft Date: Sept 9, 2020 Tax Increment Reinvestment Zone #2 TIRZ #2 Padre/Mustang Island Corpus Christi City Limits E1 Miles Source: City of Corpus Christi Draft Date: Sept 9, 2020 ISLAND OVERLAY DISTRICT Island Overlay Island Overlay Padre/Mustang Island Corpus Christi City Limits Source: City of Corpus Christi April6, 2020 E1 Miles Island Overlay Island Overlay Padre/Mustang Island Corpus Christi City Limits Source: City of Corpus Christi April6, 2020 E1 Miles The requirements of the Island Overlay District can be found in section 6.4 of the Unified Development Code. 4948 PUBLIC INVESTMENT INITIATIVES PUBLIC INVESTMENT INITIATIVES PADRE/MUSTANG ISLAND AREA DEVELOPMENT PLAN [DRAFT] MAY 12, 2021 CITY OF CORPUS CHRISTI [DRAFT] MAY 12, 2021 EXHIBIT A EXHIBIT A City of Corpus Christi City Council June 22, 2021 Padre/MustangIsland AREA DEVELOPMENT PLAN 1 Area Development Plans (ADP) are an initiative of the Plan CC Comprehensive Plan An ADP goes into more detail about future development of each area – 9 throughout the city ADPs have been in place for several years and are in the process of being updated Padre/Mustang Island AREA DEVELOPMENT PLAN 2 Area Development Plans ADP Boundaries Padre/Mustang Island AREA DEVELOPMENT PLAN 3 Context Map Creating an Implementable Plan Padre/Mustang Island AREA DEVELOPMENT PLAN 4 Timeline of Events and Activities Winter 2020 Project Kick-Off Spring 2020 Community Workshop Summer 2020 Focus Groups Fall 2020 Community Meeting Spring 2021 Community Meeting Spring / Summer 2021 Plan Adoption Developing Baseline Analysis Drafting Plan 6 Advisory Committee Meetings Throughout Process Padre/Mustang Island AREA DEVELOPMENT PLAN 5 Introduction 6 Demographics Padre/Mustang Island AREA DEVELOPMENT PLAN 7 Engagement Process Padre/Mustang Island AREA DEVELOPMENT PLAN 8 Online Survey Summary Padre/Mustang Island AREA DEVELOPMENT PLAN 9 Spring 2020 Survey (March 12 – May 11, 2020) FutureLandUseMap 10 Future Land Use Map Padre/Mustang Island AREA DEVELOPMENT PLAN 11 Future Land Use Categories Padre/Mustang Island AREA DEVELOPMENT PLAN 12 VisionThemes 13 Vision Themes Padre/Mustang Island AREA DEVELOPMENT PLAN 1. Safe, Family-Friendly Community Continue to foster safe, family-friendly neighborhoods that provide needed amenities and services for local residents. 14 •Family-Friendly Neighborhood •Well-Maintained Park Facilities •Walkable/Bikeable Streets •Park Amenities like Community Gardens and Playground •Access to Water Activities •Golf Cart Paths The following community input supports the vision theme: “A great place to live and raise my kids while still being an attraction for recreation and entertainment.” “A family friendly community where people can enjoy living and feel safe.” “More things to do, such as shops, places to run, family activities.” “Encourage small businesses to provide much needed goods and services.” Vision Themes Padre/Mustang Island AREA DEVELOPMENT PLAN 15 Vision Themes Padre/Mustang Island AREA DEVELOPMENT PLAN 2. Blended Residential Community and Destination Location Encourage tourism and the development of local commercial businesses to build a strong economic environment and sufficiently support the year-round residential community. 16 •Improved PR22 with New Bridge and Golf Cart Path •Commercial/Mixed-Use Development •Town Center Style Development •Marina Development •Tourist Activities The following community input supports the vision theme: “Good restaurants, resort atmosphere, geared to both tourists and residents.” “To see our community as a great place to live and a great place to visit.” “More developed with hopefully shops and restaurants along the Canal and lake padre where park road 22 bridge is to be built.” Vision Themes Padre/Mustang Island AREA DEVELOPMENT PLAN 17 Vision Themes Padre/Mustang Island AREA DEVELOPMENT PLAN 3. Environmental Preservation Capitalize on existing environmental features as assets for the community and ensure the preservation of these areas as the Island continues to develop. 18 •Healthy Dunes •Beach Activity •Vehicle Access to the Beach •Conservation Corridors •Limited Development The following community input supports the vision theme: “A balance between a sustainable environment, inviting tourism spot and community engagement.” “Preserve natural beauty, avoid overdevelopment.” “Better entertainment, restaurants and shopping without taking away from the Island Coastal community.” Vision Themes Padre/Mustang Island AREA DEVELOPMENT PLAN 1919 PolicyInitiativesand StrategicActionItems 20 Policy Initiatives Padre/Mustang Island AREA DEVELOPMENT PLAN 21 POLICY INITIATIVES VISION THEMES SAFE, FAMILY-FRIENDLY NEIGHBORHOOD BLENDED RESIDENTIAL COMMUNITY AND DESTINATION LOCATION ENVIRONMENTAL PRESERVATION 1 Improve traffic flow, Island ingress and egress, safety, and roadway quality. 2 Enhance park and recreation facilities to provide various activities and entertainment for all ages. 3 Expand tourism on the Island by increasing marketing efforts and providing a variety of events and attractions. 4 Protect and monitor natural resources and assets critical to the health of the barrier island and regional ecosystem. 5 Accommodate safe, efficient movement of pedestrians, bikes, and golf carts throughout the Island. 6 Support and encourage compatible and context- sensitive development that provides a mix of land uses and respects the environment. PublicInvestment Initiatives 22 Short-Term Projects (1-5 Years)Padre/Mustang Island AREA DEVELOPMENT PLAN 23 Mid-Term Projects (6-10 Years)Padre/Mustang Island AREA DEVELOPMENT PLAN 24 Long-Term Projects (10+ Years) Padre/Mustang Island AREA DEVELOPMENT PLAN 25 Online Survey Summary Padre/Mustang Island AREA DEVELOPMENT PLAN 26 Top 5 Ranked Short-Term Projects: 1. (S9) Island Mobility Plan for Pedestrian, Bicycle, Golf Cart, and Other Alternative Transportation = 49 votes 2. (P6) Packery Channel Hurricane Harvey Repairs = 48 votes 3. (P5) Packery Channel Dredging & Beach Nourishment = 46 votes 4. (P4) Billish Park Amenity Improvements & Covered Basketball Court = 34 votes 5. (P1) North Padre Island Beach Facility = 27 votes 78% of respondents were supportive or very supportive of plan adoption. Recommendation www.cctexas.com/island Staff, the Island Strategic Action Committee, and Planning Commission recommend plan adoption Padre/Mustang Island AREA DEVELOPMENT PLAN 27 JUNE 2, 2021 Padre/Mustang Island Area Development Plan City of Corpus Christi Padre/Mustang Island BACKGROUND DOCUMENT TABLE OF CONTENTS STUDY AREA BOUNDARY ...........................................................1 STUDY AREA BOUNDARY ............................................................................2 DEMOGRAPHICS ...........................................................................5 DEMOGRAPHICS .............................................................................................6 SURVEY SUMMARY ......................................................................................8 BUSINESS ANALYST: PADRE/MUSTANG ISLAND 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 ...............................................................................26 PUBLIC INPUT: TRANSPORTATION ISSUES ..........................................28 PUBLIC INPUT: WALKING AND BIKING ISSUES ....................................30 STREET BOND PROJECTS .........................................................................32 RESIDENTIAL STREET REBUILD PROGRAM (RSRP) ...........................34 UTILITIES ....................................................................................37 WATER INFRASTRUCTURE........................................................................38 WASTEWATER INFRASTRUCTURE ..........................................................44 STORMWATER INFRASTRUCTURE ..........................................................48 ii CITY OF CORPUS CHRISTI JUne 2, 2021 NEIGHBORHOOD CONDITIONS ................................................51 COMMUNITY ASSETS .................................................................................52 AGE OF HOUSING ........................................................................................54 POPULATION/MEDIAN INCOME CHANGE ..............................................56 PROPERTY VALUES ....................................................................................58 RESIDENTIAL AND COMMERCIAL PERMITS .........................................60 PLANNED PUBLIC INVESTMENTS ...........................................................62 CRIME MAP (2015-2020) ...........................................................................66 PUBLIC INPUT: CRIME AND SAFETY CONCERNS ................................68 PADRE ISLES PROPERTY OWNERS ASSOCIATION (PIPOA) ..............70 ENVIRONMENTAL CONDITIONS .............................................73 PRELIMINARY FIRM .....................................................................................74 STORM SURGE ..............................................................................................76 PUBLIC INPUT: FLOOD PRONE AREAS ..................................................86 COASTAL BARRIER RESOURCES SYSTEM (CBRS) ..............................88 LAND USE ....................................................................................91 EXISTING LAND USE .................................................................................92 SUBDIVISION/PLATTING ...........................................................................94 2016 FUTURE LAND USE ...........................................................................96 PERMANENT OPEN SPACE LAND USE BY OWNERSHIP ....................98 APPROVED ZONING CASES (2015-2020) .............................................100 ZONING MAP ...............................................................................................102 iii PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 ISLAND OVERLAY DISTRICT ....................................................................104 TAX INCREMENT REINVESTMENT ZONE (TIRZ) #2 ...........................106 CITY, COUNTY, OR STATE-MAINTAINED BEACHES .............................108 BUSINESS ANALYST: RETAIL MARKETPLACE PROFILE ....................110 iv CITY OF CORPUS CHRISTI JUne 2, 2021 STUDY AREA BOUNDARY 1PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 STUDY AREA BOUNDARY Study Area Padre/Mustang Island Corpus Christi City Limits E1 Miles 2 STUDY AREA BOUNDARY CITY OF CORPUS CHRISTI JUne 2, 2021 Study Area Padre/Mustang Island Corpus Christi City Limits E1 Miles 3 STUDY AREA BOUNDARY PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 THIS PAGE INTENTIONALLY LEFT BLANK 4 CITY OF CORPUS CHRISTI JUne 2, 2021 DEMOGRAPHICS 5PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 DEMOGRAPHICS RACE AND ETHNICITY (2019)1 2.5% Two or More 90.6% White 3.0% Some Other Race 2.4% Asian 0.5% American Indian and Alaska Native 0.9% Black or African American 0.1% Native Hawaiian and Other Pacific Islander 17.8% Hispanic Origin of Any Race AGE (2019)1 48.5% Median Age 42.0% 35 - 64 21.2% 15 - 34 13.0% 85+ 8.1% 5 - 14 3.4% 0 - 4 23.5% 65 - 84 Average Annual Growth Rate 2000-2019 0.99% Corpus Christi 2.48% Padre-Mustang Island *Projected Population 6,300 9,130 10,178 Population Growth by Year 2000 2010 2019 2024* 10,783 POPULATION1 6 DEMOGRAPHICS CITY OF CORPUS CHRISTI JUne 2, 2021 39.1% College Degree 25.9% Some College 16.7% High School Graduate or GED 17.8% Graduate or Professional Degree EDUCATIONAL ATTAINMENT POPULATION 25+ (2019)1 1Source: U.S. Census Bureau, Census 2010 Summary File 1. Esri forecasts for 2019 and 2024. Esri converted Census 2000 data into 2010 geography. 1.5% No High School Degree $315,139 Median Home Value $103,202 Median Household Income 41.2%Owner-Occupied Padre-Mustang Island Corpus Christi Occupied Housing Units 24.1%Renter-Occupied Vacant 9.3% 40.4%Renter-Occupied 50.3%Owner-Occupied HOUSING (2019)1 34.8%Vacant 7 DEMOGRAPHICS PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 SURVEY SUMMARY Environmental Concerns Environmental 1 Mix of Land UsesMix of Land Uses2 UtilitiesUtilities3 Social IssuesSocial Issues4 Transportation Transportation 5 “A safe, family friendly place with open beaches and parks where kids can play.“ “Better entertainment, restaurants and shopping without taking away from the Island Coastal community “ “A balance between a sustainable environment, inviting tourism spot and community engagement.“ “Beautiful and safe beaches and views” “A destination for vacationers and locals alike with quality amenities.” “Keeping the island clean, peaceful, and prosperous Encourage small businesses to provide much needed goods and services.” “50/50 split between primary residences and destination recreation.” 80% Nature, open space and beach areas WHAT IS IMPORTANT TO YOU? WHAT IS YOUR VISION FOR THE ISLAND? WHAT IS YOUR FAVORITE THING ABOUT PADRE-MUSTANG ISLAND? 8 SURVEY SUMMARY CITY OF CORPUS CHRISTI JUne 2, 2021 WHAT WOULD YOU CONSIDER THE THREE GREATEST INFRASTRUCTURE ISSUES FACING PADRE-MUSTANG ISLAND TODAY? WHAT WOULD YOU CONSIDER THE GREATEST SOCIAL ISSUE FACING PADRE-MUSTANG ISLAND TODAY? WHAT WOULD YOU CONSIDER THE GREATEST ENVIRONMENTAL ISSUE FACING PADRE-MUSTANG ISLAND? WHAT WOULD YOU CONSIDER THE THREE GREATEST LAND USE ISSUES FACING PADRE-MUSTANG ISLAND TODAY? 41% Hurricanes and Major Storms 51% Crime or Perception of Crime 26% 14% 18% 10% 5% 23% Not enough housing options Not enough job opportunities Not enough or inadequate natural recreation opportunities Not enough or inadequate parks and recreation facilities Lack of variety in shopping, dining, and entertainment choices Competition with other areas of the Coastal Bend Other4% 10% 10% 10% 13% 16% 25%9% Water Infrastructure Sewer Infrastructure Storm Water Infrastructure Traffic and Congestion Poor Street/ Pavement Conditions Lack of golf cart/Off-highway vehicle/Neighborhood electric vehicle paths Failing Septic System 4% Other 1% Access to Bus Service 2% Inability to walk or ride a bike to places 9 SURVEY SUMMARY PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 BUSINESS ANALYST: PADRE/MUSTANG ISLAND EXECUTIVE SUMMARY Executive Summary PadreMustangIsland Prepared by Esri Area: 33.99 square miles Population 2000 Population 6,300 2010 Population 9,130 2019 Population 10,178 2024 Population 10,783 2000-2010 Annual Rate 3.78% 2010-2019 Annual Rate 1.18% 2019-2024 Annual Rate 1.16% 2019 Male Population 51.1% 2019 Female Population 48.9% 2019 Median Age 48.5 In the identified area,the current year population is 10,178.In 2010, the Census count in the area was 9,130. The rate of change since 2010 was 1.18%annually.The five-year projection for the population in the area is 10,783 representing a change of 1.16%annually from 2019 to 2024.Currently,the population is 51.1%male and 48.9%female. Median Age The median age in this area is 48.5,compared to U.S. median age of 38.5. Race and Ethnicity 2019 White Alone 90.6% 2019 Black Alone 0.9% 2019 American Indian/Alaska Native Alone 0.5% 2019 Asian Alone 2.4% 2019 Pacific Islander Alone 0.1% 2019 Other Race 3.0% 2019 Tw o or More Races 2.5% 2019 Hispanic Origin (Any Race)17.8% Persons of Hispanic origin represent 17.8%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 41.9 in the identified area, compared to 64.8 for the U.S. as a whole. Households 2019 Wealth Index 193 2000 Households 2,877 2010 Households 4,138 2019 To tal Households 4,588 2024 To tal Households 4,852 2000-2010 Annual Rate 3.70% 2010-2019 Annual Rate 1.12% 2019-2024 Annual Rate 1.13% 2019 Average Household Size 2.22 The household count in this area has changed from 4,138 in 2010 to 4,588 in the current year, a change of 1.12%annually. The five-year projection of households is 4,852, a change of 1.13%annually from the current year total. Average household size is currently 2.22, compared to 2.21 in the year 2010.The number of families in the current year is 2,912 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 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 ©2020 Esri Page 1 of 2 10 BUSINESS ANALYST: PADRE/MUSTANG ISLAND EXECUTIVE SUMMARY CITY OF CORPUS CHRISTI JUne 2, 2021 Executive Summary PadreMustangIsland Prepared by Esri Area: 33.99 square miles Mortgage Income 2019 Percent of Income for Mortgage 14.9% Median Household Income 2019 Median Household Income $103,202 2024 Median Household Income $106,839 2019-2024 Annual Rate 0.70% Average Household Income 2019 Average Household Income $130,576 2024 Average Household Income $137,740 2019-2024 Annual Rate 1.07% Per Capita Income 2019 Per Capita Income $58,831 2024 Per Capita Income $61,946 2019-2024 Annual Rate 1.04% Households by Income Current median household income is $103,202 in the area, compared to $60,548 for all U.S. households.Median household income is projected to be $106,839 in five years, compared to $69,180 for all U.S. households Current average household income is $130,576 in this area, compared to $87,398 for all U.S. households. Average household income is projected to be $137,740 in five years, compared to $99,638 for all U.S. households Current per capita income is $58,831 in the area,compared to the U.S. per capita income of $33,028. The per capita income is projected to be $61,946 in five years,compared to $36,530 for all U.S. households Housing 2019 Housing Affordability Index 138 2000 To tal Housing Units 3,969 2000 Owner Occupied Housing Units 2,107 2000 Renter Occupied Housing Units 770 2000 Va cant Housing Units 1,092 2010 To tal Housing Units 6,510 2010 Owner Occupied Housing Units 2,778 2010 Renter Occupied Housing Units 1,360 2010 Va cant Housing Units 2,372 2019 To tal Housing Units 7,035 2019 Owner Occupied Housing Units 2,896 2019 Renter Occupied Housing Units 1,692 2019 Va cant Housing Units 2,447 2024 To tal Housing Units 7,375 2024 Owner Occupied Housing Units 3,079 2024 Renter Occupied Housing Units 1,773 2024 Va cant Housing Units 2,523 Currently,41.2%of the 7,035 housing units in the area are owner occupied;24.1%, renter occupied; and 34.8%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 6,510 housing units in the area -42.7%owner occupied,20.9%renter occupied, and 36.4%vacant. The annual rate of change in housing units since 2010 is 3.51%.Median home value in the area is $315,139, compared to a median home value of $234,154 for the U.S. In five years,median value is projected to change by 2.52%annually to $356,952. 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 ©2020 Esri Page 2 of 2 11 BUSINESS ANALYST: PADRE/MUSTANG ISLAND EXECUTIVE SUMMARY PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 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 Tw o 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 To tal Households 123,286 2024 To tal 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 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 ©2020 Esri Page 1 of 2 BUSINESS ANALYST: CITY OF CORPUS CHRISTI EXECUTIVE SUMMARY 12 BUSINESS ANALYST: CITY OF CORPUS CHRISTI EXECUTIVE SUMMARY CITY OF CORPUS CHRISTI JUne 2, 2021 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 To tal Housing Units 108,023 2000 Owner Occupied Housing Units 58,921 2000 Renter Occupied Housing Units 39,861 2000 Va cant Housing Units 9,241 2010 To tal Housing Units 125,320 2010 Owner Occupied Housing Units 66,742 2010 Renter Occupied Housing Units 45,929 2010 Va cant Housing Units 12,649 2019 To tal Housing Units 135,929 2019 Owner Occupied Housing Units 68,315 2019 Renter Occupied Housing Units 54,972 2019 Va cant Housing Units 12,643 2024 To tal Housing Units 141,917 2024 Owner Occupied Housing Units 71,518 2024 Renter Occupied Housing Units 57,605 2024 Va cant 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 ©2020 Esri Page 2 of 2 13 BUSINESS ANALYST: CITY OF CORPUS CHRISTI EXECUTIVE SUMMARY PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 THIS PAGE INTENTIONALLY LEFT BLANK 14 CITY OF CORPUS CHRISTI JUne 2, 2021 TRANSPORTATION 15PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 URBAN TRANSPORTATION PLAN ROADWAY CLASSIFICATIONS EXISTING (MILES) PROPOSED (MILES) EX C1, Minor Collector 12.5 9.2PR EX C2, Secondary Collector 2.7 1.3PR EX C3, Primary Collector 0.3 0.0 EX A2, Secondary Arterial (Divided)4.9 0.0 PR RA3, Primary Rural Arterial (Divided)0.0 11.3 EX F1, Freeway/Expressway 0.6 0.0 EX CB, Gulf Beach 7.0 0.0 EX PA, Beach Parking 0.3 1.1PR EX SEA, Seawall 1.4 0.0 Total 29.6 22.9 EX - Existing PR - Proposed 16 URBAN TRANSPORTATION PLAN CITY OF CORPUS CHRISTI JUne 2, 2021 Gulf of Mexico Corpus Christi Bay Inset SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d Par kRd22S tateHwy361Gulf of Me xico Corpus Christi Bay SeaPines D rAquariusStS Padr e I sl and Dr W h ite c a p B lv d S ta te Hwy361Park Rd22 Urban Transportation Plan Road Classifications A2 - Secondary Arterial (Divided) C1 - Minor Collector C1 proposed C2 - Secondary Collector C2 proposed C3 - Primary Collector CB -Gulf Beach F1 - Freeway/Expressway PA - Beach Parking PA - proposed RA3 -Primary Rural Arterial (Divided) Seawall Padre/Mustang Island Corpus Christi City Limits Source City of Co rpus C hristi Data collected April 6, 2020 E1 Miles 17 URBAN TRANSPORTATION PLAN PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 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. 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 C1 Street Section 18 URBAN TRANSPORTATION PLAN CITY OF CORPUS CHRISTI JUne 2, 2021 C3 - Primary Collector The Primary Collector provides access to commercial developments and several neighborhoods and should intersect with two or more parallel arterial streets. The primary collector can augment the freeway or arterial system where high-density development generates significant amounts of traffic. The Primary Collector may be used to support the freeway system by paralleling the freeway and providing a relief route for traffic from high density uses next to the freeway. The Primary Collector is expected to support heavy delivery vehicle traffic and is constructed to a higher, more durable standard than the Secondary or Minor Collector Streets. Primary Collector Streets serve medium to high density housing, high schools, public facilities and business uses. C3A Street Section C3B Street Section 19 URBAN TRANSPORTATION PLAN PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 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. 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 RA3 Street Section 20 URBAN TRANSPORTATION PLAN CITY OF CORPUS CHRISTI JUne 2, 2021 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 21 URBAN TRANSPORTATION PLAN PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 BIKE MOBILITY PLAN BIKE TRAIL TYPE MILES Bike Boulevard 4.9 Buffered Bike Lane 0.6 1-way Cycle Track (both sides)7.8 Multi-use Sidepath (one side)0.4 Off-Road Multi-use Trail 1.2 TBD: Corridor study recommended 2.5 Total 17.4 BIKE FACILITY DESCRIPTIONS metro area is at sidewalk level adjacent to or in close proximity to the sidewalk. Multi-use Sidepath (one side) A shared-use sidepath, located on one side of the street (adjacent and parallel to a street), that accommodates two-way non- motorized traffic. Shared use paths are not dedicated bicycle facilities and thus also serve pedestrians, inline skaters, wheelchair users, joggers, and other non-motorized users. Off-Road Multi-use Trail A path, typically found along greenways, waterways, active or abandoned railways, and utility easements, within a right-of- way that is independent and physically separated from motor vehicle traffic by an open space or barrier. Multi-use paths are not dedicated bicycle facilities and thus also serve pedestrians, inline skaters, wheelchair users, joggers, and other non-motorized users. Corridor Study Recommended A future study is recommended for the corridor to identify and evaluate specific bicycle infrastructure treatments to capitalize on the unique corridor. Bike Boulevard Bicycle Boulevards are typically local or neighborhood streets that prioritize travel by bicycle. Bicycle Boulevards encourage low motor vehicle speeds, which discourages through traffic, and include safe crossings at busy streets, thus providing a low stress experience for cyclists. Buffered Bike Lane Buffered bicycle lanes designate a portion of a roadway for exclusive use by bicycles (by way of striping, signage, and pavement markings) that is separated from the vehicular travel lane or from parked cars by a striped buffer space (typically 2-5 feet in width). 1-way Cycle Track (both sides) A one-way cycle track is a bikeway provided on both sides of the street that is physically separated from the vehicular travel lanes that provides exclusive use by bicycles in the direction of motor vehicle travel. Separated bikeways may be placed at either street level, at sidewalk level, or at an intermediate level; the preferred placement in the Corpus Christi 22 BIKE MOBILITY PLAN CITY OF CORPUS CHRISTI JUne 2, 2021 Gulf of Mexico Corpus Christi Bay Inset SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d S tateHwy361Gulf of Me xico Corpus Christi Bay State Hwy 361W h ite c a p B lv dAquarius StS Padr e I sl and Dr Se a Pines D r Bicycle Mobility Plan Recommended Network Bike Boulevard Buffered Bike Lane 1-way Cycle Track (both sides) 2-way Cycle Track (one side) Multi-use Sidepath (one side) Off-Road Multi-use Trail TBD: Corridor study recommended Padre/Mustang Island Corpus Christi City Limits Source City of Co rpus C hristi Data collected Ma y 2020 E1 Miles 23 BIKE MOBILITY PLAN PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 RTA BUS BOARDINGS ROUTE STOP ID STOP NAME ON OFF TOTAL RIDES 65 2599 14810 Windward @ Gulfstream Condo's 1 0 1 65 2600 15002 Leeward @ Running Light 0 1 1 65 2601 15209 Leeward 0 0 0 65 1900 Schlitterbahn @ Compass 3 5 8 65 1086 Whitecap @ Park Road 22 1 0 1 65 2598 Windward @ St. Augustine 0 3 3 Gulf of Mexico Corpus Christi Bay Inset SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d Par kRd22S tateHwy361Gulf of Me xico Corpus Christi Bay Par k Rd 22State Hwy 361W h ite c a p B lv dAquarius StSe a Pines D r RTABus Boardings (June 2019) Total Ride 0 - 3 4 - 8 Padre/Mustang Island Corpus Christi City Limits Source City of Co rpus C hristi Data collected Febru ary 2020 E1 Miles 24 RTA BUS BOARDINGS CITY OF CORPUS CHRISTI JUne 2, 2021 Gulf of Mexico Corpus Christi Bay Inset SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d Par kRd22S tateHwy361Gulf of Me xico Corpus Christi Bay Par k Rd 22State Hwy 361W h ite c a p B lv dAquarius StSe a Pines D r RTABus Boardings (June 2019) Total Ride 0 - 3 4 - 8 Padre/Mustang Island Corpus Christi City Limits Source City of Co rpus C hristi Data collected Febru ary 2020 E1 Miles 25 RTA BUS BOARDINGS PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 TRAFFIC CRASH DATA CRASH SEVERITY LEVEL 2015 2016 2017 2018 2019 2020* 99 - UNKNOWN 0 0 0 0 0 0 A - SUSPECTED SERIOUS INJURY 4 9 2 9 6 0 B - NON-INCAPACITATING INJURY 17 29 22 22 22 1 C - POSSIBLE INJURY 12 27 22 24 41 5 K - KILLED 3 0 0 0 1 0 N - NOT INJURED 0 0 0 0 0 0 Total 36 65 46 55 70 6 *Data as of February 2020 Each dot ont he map represents a crash or incident. 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. ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! !! ! !! ! ! ! ! ! ! ! ! ! ! !! ! !!! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! !! !!! !! ! ! ! ! ! !! ! ! ! ! ! ! ! !!! ! ! ! ! ! ! ! ! ! ! ! !! ! !! ! ! ! ! ! !! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! !! ! ! ! ! ! ! ! ! ! ! !!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! !!! !! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! !!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! !!! !! ! ! ! ! !! ! ! ! ! !! ! ! ! ! ! !! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! !!! ! ! ! ! ! ! ! !!! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! !!! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! !! ! ! ! ! ! ! !! ! ! ! ! ! ! !! ! ! ! ! ! !! ! ! ! !! ! ! ! ! !! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! !!!!!! ! ! ! !! ! ! ! ! ! ! ! ! ! ! !! ! ! !! ! ! ! ! ! ! ! ! ! ! !!! ! !! !!! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! !! ! ! ! ! ! !! ! !! ! ! ! !! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! G G G G Gulf of Mexico Corpus Christi Bay Inset SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d Par kRd22S tateHwy361! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!! ! ! ! ! ! ! ! ! ! ! ! ! !! ! !! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! !!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!! !! ! ! ! ! !! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! !! ! ! ! ! !! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! !!! ! ! ! ! ! !!!! ! ! !! ! !! ! ! ! ! ! ! ! ! ! ! ! ! !!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! !! ! ! ! !! ! ! ! ! ! !! ! ! ! !! ! ! ! ! !! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! !!!!!! ! ! ! !! ! ! ! ! ! ! ! !!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!! ! ! ! !!! ! ! ! ! ! ! ! ! ! ! !! ! ! ! !! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! !! ! G G G Gulf of Me xico Corpus Christi Bay SeaPines D rAquariusStS Padr e I sl and Dr W h ite c a p B lv d S ta te Hwy361Park Rd22 TxDOT Crash Data Year 2015-2020 Crash Type G Fatality (4) !Suspected Se rious Injury (18) !Less Severe (628) Padre/Mustang Island Corpus Christi City Limits So urce: TxDOT E1 Miles Low Crash Frequ ency High Crash Freq uency Crash Frequency Note: The increase in frequen cy on the heat map represe nts a greater clustering of crashes in a certain area. 26 TRAFFIC CRASH DATA CITY OF CORPUS CHRISTI JUne 2, 2021 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! !! ! !! ! ! ! ! ! ! ! ! ! ! !! ! !!! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! !! !!! !! ! ! ! ! ! !! ! ! ! ! ! ! ! !!! ! ! ! ! ! ! ! ! ! ! ! !! ! !! ! ! ! ! ! !! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! !! ! ! ! ! ! ! ! ! ! ! !!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! !!! !! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! !!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! !!! !! ! ! ! ! !! ! ! ! ! !! ! ! ! ! ! !! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! !!! ! ! ! ! ! ! ! !!! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! !!! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! !! ! ! ! ! ! ! !! ! ! ! ! ! ! !! ! ! ! ! ! !! ! ! ! !! ! ! ! ! !! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! !!!!!! ! ! ! !! ! ! ! ! ! ! ! ! ! ! !! ! ! !! ! ! ! ! ! ! ! ! ! ! !!! ! !! !!! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! !! ! ! ! ! ! !! ! !! ! ! ! !! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! G G G G Gulf of Mexico Corpus Christi Bay Inset SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d Par kRd22S tateHwy361! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!! ! ! ! ! ! ! ! ! ! ! ! ! !! ! !! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! !!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!! !! ! ! ! ! !! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! !! ! ! ! ! !! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! !!! ! ! ! ! ! !!!! ! ! !! ! !! ! ! ! ! ! ! ! ! ! ! ! ! !!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! !! ! ! ! !! ! ! ! ! ! !! ! ! ! !! ! ! ! ! !! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! !!!!!! ! ! ! !! ! ! ! ! ! ! ! !!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!! ! ! ! !!! ! ! ! ! ! ! ! ! ! ! !! ! ! ! !! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! !! ! G G G Gulf of Me xico Corpus Christi Bay SeaPines D rAquariusStS Padr e I sl and Dr W h ite c a p B lv d S ta te Hwy361Park Rd22 TxDOT Crash Data Year 2015-2020 Crash Type GFatality (4) !Suspected Serious Injury (18) !Less Severe (628) Padre/Mustang Island Corpus Christi City Limits So urce: TxDOT E1 Miles Low Crash Frequency High Crash Frequency Crash Frequency Note: The increase in frequency on the heat map represents a greater clustering of crashes in a certain area. 27 TRAFFIC CRASH DATA PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 PUBLIC INPUT: TRANSPORTATION ISSUES CATEGORY INPUTS % Traffic 32 37% General Transportation Issue 23 27% Roadway Repair 14 16% Connectivity 12 14% Transit 4 5% Roadway Lighting 1 1% Total 86 100% 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. n£ n£ G 89:¨ G n£ G G %,%, 89:¨89:¨ %, %, %,%, G 89:¨ 89:¨ %, 89:¨ 89:¨ 89:¨ G89:¨ 89:¨ %, %,%, %, %, %, %, %, %, %, G %,89:¨ %,%,%, G %, %, G %, %, %, %, %, 89:¨ 89:¨ # n£ %,%, k # # %,# # G %,G ## # 89:¨ # # # # # # # # # # # # # Gulf of Mexico Corpus Christi Bay Inset SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d Par kRd22S tateHwy361n£ n£ G 89:¨ G G G %,%, 89:¨89:¨ %,%, %, G 89:¨ 89:¨ %, 89:¨ 89:¨ 89:¨ G89:¨ 89:¨ %, %, %, %, %, %, %,%, %, G %,89:¨ %,%, %, G %, %, G %, %, %, %, %, 89:¨ 89:¨ # n£ %, %, k # %, # # G %,G # # # # # # # # # # Gulf of Me xico Corpus Christi Bay SeaPines D rAquariusStS Padr e I sl and Dr W h ite c a p B lv d S ta te Hwy361Park Rd22 Public Input: Transportation Issues Response Topi c G Connectivity #Ge neral Transportation Issue k Roadway Lighting 89:¨Roadway Repair %,Traffic n£Transit Padre/Mustang Island Corpus Christi City Limits Source: Metroquest Data collected Ma y 2020 E1 Miles 28 PUBLIC INPUT: TRANSPORTATION ISSUES CITY OF CORPUS CHRISTI JUne 2, 2021 n£ n£ G 89:¨ G n£ G G %,%, 89:¨89:¨ %, %, %,%, G 89:¨ 89:¨ %, 89:¨ 89:¨ 89:¨ G89:¨ 89:¨ %, %,%, %, %, %, %, %, %, %, G %,89:¨ %,%,%, G %, %, G %, %, %, %, %, 89:¨ 89:¨ # n£ %,%, k # # %,# # G %,G ## # 89:¨ # # # # # # # # # # # # # Gulf of Mexico Corpus Christi Bay Inset SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d Par kRd22S tateHwy361n£ n£ G 89:¨ G G G %,%, 89:¨89:¨ %,%, %, G 89:¨ 89:¨ %, 89:¨ 89:¨ 89:¨ G89:¨ 89:¨ %, %, %, %, %, %, %,%, %, G %,89:¨ %,%, %, G %, %, G %, %, %, %, %, 89:¨ 89:¨ # n£ %, %, k # %, # # G %,G # # # # # # # # # # Gulf of Me xico Corpus Christi Bay SeaPines D rAquariusStS Padr e I sl and Dr W h ite c a p B lv d S ta te Hwy361Park Rd22 Public Input: Transportation Issues Response Topic GConnectivity #General Transportation Issue kRoadway Lighting 89:¨Roadway Repair %,Traffic n£Transit Padre/Mustang Island Corpus Christi City Limits Source: Metroquest Data collected Ma y 2020 E1 Miles 29 PUBLIC INPUT: TRANSPORTATION ISSUES PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 PUBLIC INPUT: WALKING AND BIKING ISSUES CATEGORY INPUTS % Walking and Biking 138 86% Biking 12 8% Walking 10 6% Total 160 100% 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. ! ! ! !! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! !!! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! !!! ¨ ¨¨ ¨ ¨ © ©© © © n¡ n¡n¡n¡ n¡ n¡ n¡ n¡ ¨©¨© Gulf of Mexico Corpus Christi Bay Inset SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d Par kRd22S tateHwy361! ! ! !! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! !! ¨ ¨ ¨ ¨ ¨ © © © © © n¡n¡n¡ n¡ n¡ n¡ ¨©¨© Gulf of Me xico Corpus Christi Bay SeaPines D rAquariusStS Padr e I sl and Dr W h ite c a p B lv d S ta te Hwy361Park Rd22 Public Input: Walking and Biking Issues n¡Walking ¨©Biking !Walking and Biking Padre/Mustang Island Corpus Christi C ity Limits Source: Metroquest Data collected May 2020 E1 Miles 30 PUBLIC INPUT: WALKING AND BIKING ISSUES CITY OF CORPUS CHRISTI JUne 2, 2021 ! ! ! !! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! !!! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! !!! ¨ ¨¨ ¨ ¨ © ©© © © n¡ n¡n¡n¡ n¡ n¡ n¡ n¡ ¨©¨© Gulf of Mexico Corpus Christi Bay Inset SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d Par kRd22S tateHwy361! ! ! !! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! !! ¨ ¨ ¨ ¨ ¨ © © © © © n¡n¡n¡ n¡ n¡ n¡ ¨©¨© Gulf of Me xico Corpus Christi Bay SeaPines D rAquariusStS Padr e I sl and Dr W h ite c a p B lv d S ta te Hwy361Park Rd22 Public Input: Walking and Biking Issues n¡Walking ¨©Biking !Walking and Biking Padre/Mustang Island Corpus Christi City Limits Source: Metroquest Data collected May 2020 E1 Miles 31 PUBLIC INPUT: WALKING AND BIKING ISSUES PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 STREET BOND PROJECTS #YR STREET FROM TO FT WORKTYPE STATUS 1 2004 WHITECAP BLVD PARK ROAD 22 BONASSE 8,262 OVERLAY COMPLETE 2 2008 COMMODORES DR AQUARIUS ST.PARK ROAD 22 3,404 OVERLAY COMPLETE 3 2008 PALMIRA AVE PESCADORES ENCANTADA 678 RECONSTRUCTION COMPLETE 4 2008 WHITECAP BLVD DEAD END E PARK ROAD 22 3,202 OVERLAY COMPLETE 5 2008 AQUARIUS ST.DAS MARINAS COMMODORES DR 2,096 UNKNOWN UNKNOWN 6 2014 ACCESS 3A RD ST BARTHOLOMEW AVE BEACH 701 RECONSTRUCTION COMPLETE 7 2014 ZAHN RD START of PAVERS BEACH 1,233 RECONSTRUCTION UNDER CONSTRUCTION 8 2014 NEWPORT PASS RD HWY 361 BEACH 2,735 RECONSTRUCTION BID 9 2014 ACCESS RD 2 S.H.361 BEACH 1,494 RECONSTRUCTION COMPLETE 10 2018 JFK CAUSEWAY ACCESS ROAD IMPROVEMENTS EASTERN APPROACH OF THE JFK BRIDGE AQUARIUS ST.2,022 UNKNOWN DESIGN Gulf of Mexico Corpus Christi Bay Inset 6 3 7 9 5 10 8 4 2 1 Gulf of Me xico Corpus Christi Bay SeaPines D rAquariusStS Padr e I sl and Dr W h ite c a p B lv d S ta teHwy361Park Rd22 3 6 7 5 10 8 4 2 1 Bond Projects Year 2004 2008 2014 2018 Padre/Mustang Island Corpus Christi City Limits Source City of Co rpus C hristi Data collected April 6, 2020 E1 Miles 32 STREET BOND PROJECTS CITY OF CORPUS CHRISTI JUne 2, 2021 Gulf of Mexico Corpus Christi Bay Inset 6 3 7 9 5 10 8 4 2 1 Gulf of Me xico Corpus Christi Bay SeaPines D rAquariusStS Padr e I sl and Dr W h ite c a p B lv d S ta teHwy361Park Rd22 3 6 7 5 10 8 4 2 1 Bond Projects Year 2004 2008 2014 2018 Padre/Mustang Island Corpus Christi City Limits Source City of Co rpus C hristi Data collected April 6, 2020 E1 Miles 33 STREET BOND PROJECTS PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 RESIDENTIAL STREET REBUILD PROGRAM (RSRP) STREET FROM TO BUILD TYPE STATUS King Phillip Court COBO DE BARA CIRCLE COBO DE BARA CIRCLE Rehabilitation Council Approved Gulf of Mexico Corpus Christi Bay Inset SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d Par kRd22S tateHwy361Gulf of Me xico Corpus Christi Bay King Phillip Court SeaPines D rAquarius StS Padr e I sl and Dr W h ite c a p B lv d S ta te Hwy361Park Rd22 Residential Street Rebuild Program (RSRP) Street Project Padre/Mustang Island Corpus Christi City Limits Source City of Co rpus C hristi Data collected August 2020 E1 Miles 34 RESIDENTIAL STREET REBUILD PROGRAM (RSRP) CITY OF CORPUS CHRISTI JUne 2, 2021 Gulf of Mexico Corpus Christi Bay Inset SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d Par kRd22S tateHwy361Gulf of Me xico Corpus Christi Bay King Phillip Court SeaPines D rAquarius StS Padr e I sl and Dr W h ite c a p B lv d S ta te Hwy361Park Rd22 Residential Street Rebuild Program (RSRP) Street Project Padre/Mustang Island Corpus Christi City Limits Source City of Co rpus C hristi Data collected August 2020 E1 Miles 35 RESIDENTIAL STREET REBUILD PROGRAM (RSRP) PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 THIS PAGE INTENTIONALLY LEFT BLANK 36 RESIDENTIAL STREET REBUILD PROGRAM (RSRP) CITY OF CORPUS CHRISTI JUne 2, 2021 UTILITIES 37PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 WATER INFRASTRUCTURE DECADE MILES OF LINE 1950's 2.0 1960's 2.9 1970's 34.2 1980's 28.9 1990's 4.8 2000's 2.4 2010's 1.7 no data 1.7 Total 78.5 Gulf of Me xico Corpus Christi Bay Inset SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d Par kRd22S tateHwy361Gulf of Mexico Corpus Christi Bay SeaPines D rAquariusStS Padr e I sl and Dr W h ite c a p B lv d S ta te Hwy361Park Rd22 Water Infrastructure Age of Line no data 1950 - 1979 1980 - 1999 2000 or later Padre/Mustang Island Corp us Christi City Limits So urce C ity of Corpus C hristi Data collected August 5, 2020 E1 Miles 38 WATER INFRASTRUCTURE CITY OF CORPUS CHRISTI JUne 2, 2021 Gulf of Me xico Corpus Christi Bay Inset SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d Par kRd22S tateHwy361Gulf of Mexico Corpus Christi Bay SeaPines D rAquariusStS Padr e I sl and Dr W h ite c a p B lv d S ta te Hwy361Park Rd22 Water Infrastructure Age of Line no data 1950 - 1979 1980 - 1999 2000 or later Padre/Mustang Island Corpus Christi City Limits So urce C ity of Corpus C hristi Data collected August 5, 2020 E1 Miles 39 WATER INFRASTRUCTURE PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 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 C900 - the AWWA standard for cast-iron-pipe-equivalent VCP - vitrified clay pipe DIP - ductile iron pipe HDPE - high-density polyethylene 40 WATER INFRASTRUCTURE CITY OF CORPUS CHRISTI JUne 2, 2021 SIZE MATERIAL MILES OF LINE 2”Copper 0.046 4”CIP 0.550 6”CIP 1.224 10”CIP 0.147 1950’S SIZE MATERIAL MILES OF LINE 6”ACP 1.479 6”PVC 0.002 8”ACP 0.366 12”ACP 1.070 18”ACP 0.025 1960’S SIZE MATERIAL MILES OF LINE 0.75”Copper 0.005 1”Copper 0.005 2”Copper 1.069 2”PVC 0.020 4“ACP 0.017 6”ACP 15.839 6”C900 0.016 6”DIP 0.004 6”PVC 0.018 8”ACP 7.426 10”ACP 0.030 12”ACP 5.486 12”DIP 0.031 12”PVC 0.633 16”ACP 2.423 16”DIP 0.002 24”ACP 0.931 24”PVC 0.152 24”STL 0.089 1970’S SIZE MATERIAL MILES OF LINE 2”Copper 1.337 2”PVC 0.030 6”ACP 11.029 6”C900 0.093 6”DIP 0.025 8”ACP 3.925 8”C900 0.981 8”DIP 0.023 12”ACP 1.902 12”C900 0.711 16”ACP 4.107 16”DIP 0.032 16”STL 2.414 20”ACP 2.322 1980’S 41 WATER INFRASTRUCTURE PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 SIZE MATERIAL MILES OF LINE 0.75”Copper 0.066 1.5”Copper 0.002 2”Copper 0.021 2”PVC 0.010 3”PVC 0.008 6”ACP 0.008 6”C900 0.384 6”DIP 0.017 6”PVC 0.063 8”C900 0.834 8”DIP 0.043 8”PVC 0.560 12”C900 0.347 2000’S SIZE MATERIAL MILES OF LINE 0.75”Copper 0.021 1.5”PVC 0.109 2”Copper 0.067 2”PVC 0.023 6”ACP 0.274 6”C900 0.534 6”DIP 0.099 8”ACP 0.864 8”C900 0.424 8”DIP 0.067 12”ACP 1.326 14”PVC 0.004 16”DIP 0.002 18”ACP 0.041 18”PVC 0.001 20”ACP 0.099 20”C900 0.607 20”PVC 0.252 24”PVC 0.025 36”PVC 0.008 1990’S 42 WATER INFRASTRUCTURE CITY OF CORPUS CHRISTI JUne 2, 2021 SIZE MATERIAL MILES OF LINE 2”PVC 0.09 6”ACP 0.02 6”C900 0.27 6”DIP 0.01 6”PVC 0.01 8”C900 0.42 8”PVC 0.08 10”C900 0.01 12”C900 0.01 16”C900 0.41 16”C905 0.23 16”DIP 0.09 18”C900 0.01 2010’S 43 WATER INFRASTRUCTURE PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 WASTEWATER INFRASTRUCTURE DECADE MILES OF LINE 1950's 0.0 1960's 5.9 1970's 38.0 1980's 11.0 1990's 1.7 2000's 5.8 2010's 3.6 no data 0.1 Total 66.1 Gulf of Mexico Corpus Christi Bay Inset SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d Par kRd22S tateHwy361Gulf of Mexico Corpus Christi Bay SeaPines D rAquariusStS Padr e I sl and Dr W h ite c a p B lv d S ta te Hwy361Park Rd22 Wastewater Infrastructure Age of Line 1950 - 1979 1980 - 1999 2000 or later Padre/Mustang Island Corpus Christi City Limits Source City of Co rpus Christi Data collected August 5, 2020 E1 Miles 44 WASTEWATER INFRASTRUCTURE CITY OF CORPUS CHRISTI JUne 2, 2021 Gulf of Mexico Corpus Christi Bay Inset SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d Par kRd22S tateHwy361Gulf of Mexico Corpus Christi Bay SeaPines D rAquariusStS Padr e I sl and Dr W h ite c a p B lv d S ta te Hwy361Park Rd22 Wastewater Infrastructure Age of Line 1950 - 1979 1980 - 1999 2000 or later Padre/Mustang Island Corpus Christi City Limits Source City of Co rpus Christi Data collected August 5, 2020 E1 Miles 45 WASTEWATER INFRASTRUCTURE PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 SIZE MATERIAL MILES OF LINE 8”VCP 0.010 1950’S SIZE MATERIAL MILES OF LINE 4”PVC FM 0.154 8”CIPP 0.070 8”PVC FM 0.171 8”VCP 4.077 10”ACP FM 0.622 10”VCP 0.531 12”VCP 0.130 15”VCP 0.156 1960’S SIZE MATERIAL MILES OF LINE 6”ACP FM 0.377 6”PVC FM 1.311 8”ACP FM 0.384 8”HDPE 0.063 8”PVC FM 0.207 8”VCP 28.712 10” PVC EFFLUENT FM 1.822 10”VCP 1.799 12”ACP FM 0.390 12”VCP 0.283 14”PVC FM 0.306 15”HDPE 0.228 15”VCP 0.665 16”PVC FM 0.034 18”VCP 0.814 21”VCP 0.153 30”VCP 0.501 36”VCP 0.721 1970’S 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 46 WASTEWATER INFRASTRUCTURE CITY OF CORPUS CHRISTI JUne 2, 2021 SIZE MATERIAL MILES OF LINE 4”PVC FM 0.014 6”PVC FM 0.139 8”ACP EPOXY LINED FM 0.435 8”DIP 0.038 8”PVC 0.789 8”VCP 7.204 10”PVC FM 1.180 10”VCP 0.756 12”VCP 0.101 15”VCP 0.137 21”VCP 0.191 1980’S SIZE MATERIAL MILES OF LINE 3”PVC FM PRIVATE 0.146 6”PVC PRIVATE 0.032 8”PVC 0.548 8”PVC FM 0.291 8”VCP 0.106 10”PVC 0.557 1990’S SIZE MATERIAL MILES OF LINE 2”PVC FM PRIVATE 0.086 3”PVC FM PRIVATE 0.046 4”PVC FM 0.376 4”PVC PRIVATE 0.009 6”PVC 0.234 6”PVC FM 1.723 6”PVC PRIVATE 0.058 8”PVC 2.171 8”VCP 0.126 10”PVC 0.007 30”PVC 0.222 2000’S SIZE MATERIAL MILES OF LINE 2”PVC FM PRIVATE 0.068 4”PVC FM 0.200 6”PVC 0.094 6”PVC FM 0.992 8”HDPE 0.254 8”PVC 0.960 8”PVC FM 0.783 10”PVC 0.329 2010’S 47 WASTEWATER INFRASTRUCTURE PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 STORMWATER INFRASTRUCTURE PIPE SIZE MILES OF LINE 15" or Less 6.76 16-18"3.52 19-36"6.23 37" or Greater 0.24 Total 16.76 Gulf of Mexico Corpus Christi Bay Inset SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d Par kRd22S tateHwy361Gulf of Me xico Corpus Christi Bay SeaPines D rAquariusStS Padr e I sl and Dr W h ite c a p B lv d S ta te Hwy361Park Rd22 Storm water Infrastructure Pipe Size 15" or less 16-18" 19-36" 37" or greater Drainage Channel Padre/Mustang Island Corpus Christi City Limits Source City of Co rpus C hristi Data collected April 6, 2020 E1 Miles 48 STORMWATER INFRASTRUCTURE CITY OF CORPUS CHRISTI JUne 2, 2021 Gulf of Mexico Corpus Christi Bay Inset SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d Par kRd22S tateHwy361Gulf of Me xico Corpus Christi Bay SeaPines D rAquariusStS Padr e I sl and Dr W h ite c a p B lv d S ta te Hwy361Park Rd22 Stormwater Infrastructure Pipe Size 15" or less 16-18" 19-36" 37" or greater Drainage Channel Padre/Mustang Island Corpus Christi City Limits Source City of Co rpus C hristi Data collected April 6, 2020 E1 Miles 49 STORMWATER INFRASTRUCTURE PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 THIS PAGE INTENTIONALLY LEFT BLANK 50 CITY OF CORPUS CHRISTI JUne 2, 2021 NEIGHBORHOOD CONDITIONS 51PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 COMMUNITY ASSETS The map shows 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 on the Island. Public input locations were determined by reviewing the comments made throughout the survey where participant referenced areas of significance on the Island. For more details related to community assets from the survey, see Online Survey 1 Summary. Public Input: Community Assets Public In put Community Assets Padre/Mustang Island Corpus Christi City Limits Source: City of Corpu s Christi Data collected May 2020 E1 Miles 52 COMMUNITY ASSETS CITY OF CORPUS CHRISTI JUne 2, 2021 Public Input: Community Assets Public Input Community Assets Padre/Mustang Island Corpus Christi City Limits Source: City of Corpu s Christi Data collected May 2020 E1 Miles 53 COMMUNITY ASSETS PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 AGE OF HOUSING YEAR STRUCTURE BUILT NUMBER OF UNITS Before 1939 19 1940-1949 0 1950-1959 133 1960-1969 102 1970-1979 560 1980-1989 1,719 1990-1999 1,809 2000-2009 1,996 2010 or later 387 Total 6,725 Gulf of Mexico Corpus Christi Bay Inset SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d Par kRd22S tateHwy361Gulf of Me xico Corpus Christi Bay SeaPines D rAquariusStS Padr e I sl and Dr W h ite c a p B lv d S ta te Hwy361Park Rd22 Age of H ousing ACS Median Year Structure Built No data 199 0 or before 199 0 to 1995 199 5 or later Padre/Mustang Island Corpus Christi City Limits Source ACS US Census Data collected April 2020 E1 Miles 54 AGE OF HOUSING CITY OF CORPUS CHRISTI JUne 2, 2021 Gulf of Mexico Corpus Christi Bay Inset SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d Par kRd22S tateHwy361Gulf of Me xico Corpus Christi Bay SeaPines D rAquariusStS Padr e I sl and Dr W h ite c a p B lv d S ta te Hwy361Park Rd22 Age of Housing ACS Median Year Structure Built No data 1990 or before 1990 to 1995 1995 or later Padre/Mustang Island Corpus Christi City Limits Source ACS US Census Data collected April 2020 E1 Miles 55 AGE OF HOUSING PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 POPULATION/MEDIAN INCOME CHANGE POPULATION CHANGE CENSUS TRACT 2010 2017 CHANGE PERCENT CHANGE Census Tract 62 9,483 9,425 -58 -1% MEDIAN INCOME CHANGE CENSUS TRACT 2010 2017 CHANGE PERCENT CHANGE Census Tract 62 $81,022 $96,358 +$15,336 +16% Gulf of Me xico Corpus Christi Bay Inset SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d Par kRd22S tateHwy3613 1 3 1 Gulf of Mexico Corpus Christi Bay SeaPines D rAquariusStS Padr e I sl and Dr W h ite c a p B lv d S ta te Hwy361Park Rd22 3 Population/Income Change Category Insufficien t Data Popu lation & H H Income Increa sing (1) Popu lation Increasing & H H Income Decreasing (2) Popu lation Decreasing & HH In come Increasing (3) Popu lation & H H Income D ecre asing (4) Padre/Mustang Island Corp us Christi C ity Limits Source ACS US Census Data collected April 2020 E1 Miles 56 POPULATION/MEDIAN INCOME CHANGE CITY OF CORPUS CHRISTI JUne 2, 2021 Gulf of Me xico Corpus Christi Bay Inset SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d Par kRd22S tateHwy3613 1 3 1 Gulf of Mexico Corpus Christi Bay SeaPines D rAquariusStS Padr e I sl and Dr W h ite c a p B lv d S ta te Hwy361Park Rd22 3 Population/Income Change Category Insufficient Data Population & HH Income Increasing (1) Population Increasing & HH Income Decreasing (2) Population Decreasing & HH Income Increasing (3) Population & HH Income Decreasing (4) Padre/Mustang Island Corpus Christi City Limits Source ACS US Census Data collected April 2020 E1 Miles 57 POPULATION/MEDIAN INCOME CHANGE PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 PROPERTY VALUES APPRAISED VALUE PER SQ.FT. TOTAL UNITS TOTAL ACRES MARKET VALUE*ASSESSED VALUE*TAXABLE VALUE* $10 or Less 4,624 11,502 $406,090,307 $401,208,354 $20,724,002 $10 - $25 671 281 $202,311,368 $201,729,622 $96,331,513 $25 - $50 2,544 476 $739,425,881 $736,928,410 $623,578,140 $50 - $100 1,513 250 $711,457,049 $707,237,959 $608,682,668 $100 - $500 923 39 $261,977,657 $260,601,299 $242,335,536 $500 or Greater 60 2 $74,347,895 $74,347,895 $26,771,807 Total 10,335 12,550 $2,395,610,157 $2,382,053,539 $1,618,423,666 *2019 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. Gulf of Mexico Corpus Christi Bay Inset SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d Par kRd22S tateHwy361Gulf of Mexico Corpus Christi Bay Par k Rd 22State Hwy 361W h ite c a p B lv dAquarius StSe a Pines D r Property Values Value per Sq Ft $10 s f or less $10 - $25 sf $25 - $50 sf $50 - $10 0 sf $10 0 - $5 00 sf $50 0 sf o r gre ater no data a vailable Padre/Mustang Island Corpus Christi City Limits Source: City of Corpus Christi, NCAD Data collected Ma y 2020 E1 Miles 58 PROPERTY VALUES CITY OF CORPUS CHRISTI JUne 2, 2021 Gulf of Mexico Corpus Christi Bay Inset SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d Par kRd22S tateHwy361Gulf of Mexico Corpus Christi Bay Par k Rd 22State Hwy 361W h ite c a p B lv dAquarius StSe a Pines D r Property Values Value per Sq Ft $10 sf or less $10 - $25 sf $25 - $50 sf $50 - $100 sf $100 - $500 sf $500 sf or greater no data available Padre/Mustang Island Corpus Christi City Limits Source: City of Corpus Christi, NCAD Data collected Ma y 2020 E1 Miles 59 PROPERTY VALUES PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 RESIDENTIAL AND COMMERCIAL PERMITS PERMIT TYPE 2015 2016 2017 2018 2019 Residential Permits 68 163 154 178 143 New 65 146 117 127 111 Remodel 3 17 35 47 32 Addition 0 0 2 4 0 Commercial Permits 3 12 16 27 31 New 3 3 11 15 13 Remodel 0 9 5 5 10 Addition 0 0 0 7 8 Total 71 175 170 205 174 *The report includes permits with estimated construction value of $3,500 or greater. Gulf of Mexico Corpus Christi Ba y Inset SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d Par kRd22S tateHwy361Gulf of Mexico Corpus Christi Bay Par k Rd 22State Hwy 361W h ite c a p B lv dAquarius StSea Pines D r Residential and Commercial Permits 2015 - 2019 Residential (New) 2015 - 2019 Residential (Remodel) 2015 - 2019 Residential (Addition) 2015 - 2019 Commercial (New ) 2015 - 2019 Commercial (Remodel) 2015 - 2019 Commercial (Addition) Padre/Mustang Island Corpus Christi City Limits So urce: City o f Corpus Christi Data collected April 6, 2020 E1 Miles 60 RESIDENTIAL AND COMMERCIAL PERMITS CITY OF CORPUS CHRISTI JUne 2, 2021 Gulf of Mexico Corpus Christi Ba y Inset SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d Par kRd22S tateHwy361Gulf of Mexico Corpus Christi Bay Par k Rd 22State Hwy 361W h ite c a p B lv dAquarius StSea Pines D r Residential and Commercial Permits 2015 - 2019 Residential (New) 2015 - 2019 Residential (Remodel) 2015 - 2019 Residential (Addition) 2015 - 2019 Commercial (New) 2015 - 2019 Commercial (Remodel) 2015 - 2019 Commercial (Addition) Padre/Mustang Island Corpus Christi City Limits So urce: City o f Corpus Christi Data collected April 6, 2020 E1 Miles 61 RESIDENTIAL AND COMMERCIAL PERMITS PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 PLANNED PUBLIC INVESTMENTS Gulf of Me xico Corpus Christi Bay Inset H1 SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d Par kRd22S tateHwy361Gulf of Mexico Corpus Christi Bay P7 P2 P1 P5P3 P6 P4 S2 S3 S4 S1 U1 U4 U6 U2 U3 U5 U7 Par k Rd 22W h ite c a p B lv d State Hwy 361Aquarius StPlanned Public Investments Project Type Health an d Safety Improvements Parks and Trails Street Improve ments Utility/Infrastructure Improv ements Padre/Mustang Island Corp us Christi C ity Limits So urce C ity of Corpus C hristi FY 2019 -2020 CIP E1 Miles 62 PLANNED PUBLIC INVESTMENTS CITY OF CORPUS CHRISTI JUne 2, 2021 Gulf of Me xico Corpus Christi Bay Inset H1 SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d Par kRd22S tateHwy361Gulf of Mexico Corpus Christi Bay P7 P2 P1 P5P3 P6 P4 S2 S3 S4 S1 U1 U4 U6 U2 U3 U5 U7 Par k Rd 22W h ite c a p B lv d State Hwy 361Aquarius StPlanned Public Investments Project Type Health and Safety Improvements Parks and Trails Street Improvements Utility/Infrastructure Improvements Padre/Mustang Island Corpus Christi City Limits So urce C ity of Corpus C hristi FY 2019 -2020 CIP E1 Miles 63 PLANNED PUBLIC INVESTMENTS PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 #DESCRIPTION LENGTH OF PROJECT (FEET) FUNDING SOURCE ESTIMATED YEAR START H1 Fire St. 16 Roof Improvements and Upgrades ---G.O. Bond 2018 2019/2020 P1 North Padre Island Beach Facility ---G.O. Bond 2014 2019/2020 P2 Packery Channel Restroom Facility ---Tax Increment Finance District 2019/2019 P3 Packery Channel Improvements, Harvey Repairs ---Tax Increment Finance District 2018/2021 P4 Packery Channel Monitoring ---Tax Increment Finance District 2018/2020 P5 Packery Channel Pavilion ---Tax Increment Finance District 2018/2019 P6 Packery Channel Dredging & Beach Nourishment ---Tax Increment Finance District 2020/2020 P7 JFK Boat Ramps (Billings and Clems Marina Parking Lots, Phase III)---None 2025/2026 S1 Soto Dr (Coquina Bay to Sea Pines) 171 Residential Street (Property Tax, Revenue Bonds) 2020 S2 Marina Dr (Park Road 22 to Ambrosia) 541 Residential Street (Property Tax, Revenue Bonds) 2020 S3 Pescadores Dr (Palmira to Cruiser) 486 Residential Street (Property Tax, Revenue Bonds) 2020 S4 Park Road 22 Bridge 314 G.O. Bond Prior, Revenue Bonds, Tax Increment Finance District 2018/2019 64 PLANNED PUBLIC INVESTMENTS CITY OF CORPUS CHRISTI JUne 2, 2021 #DESCRIPTION LENGTH OF PROJECT (FEET) FUNDING SOURCE ESTIMATED YEAR START U1 Padre Island Water and Gas Line Extension 2,856 Revenue Bonds 2018/2020 U2 Sand Dollar Pump Station ---Revenue Bonds 2020 U3 Packery Channel Water Line ---PAYGO, Revenue Bonds 2020/2022 U4 Park Road 22 Lift Station ---Revenue Bonds 2019 U5 Whitecap, Odor Control, Bulkhead Improvements ---PAYGO, Revenue Bonds 2018/2021 U6 Whitecap Wastewater Treatment Plant Improvements ---PAYGO, Revenue Bonds 2020/2022 U7 Whitecap Wastewater Treatment Plant (WWTP) Improvements ---None 2022/2023 65 PLANNED PUBLIC INVESTMENTS PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 CRIME MAP (2015-2020) CATEGORY 2015 2016 2017 2018 2019 2020* AGGRAVATED ASSAULT 21 15 11 14 19 7 ARSON 3 1 0 1 3 0 BURGLARY 47 73 48 43 41 3 LARCENY 269 254 375 300 243 23 MOTOR VEHICLE THEFT 20 31 24 26 16 1 OTHER CATEGORY 569 479 556 519 420 42 ROBBERY 3 4 6 2 4 0 SEXUAL ASSAULT 9 9 9 7 17 1 Total 941 866 1029 912 763 77 *Data as of February 2020 Gulf of Mexico Corpus Christi Bay Inset SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d Par kRd22S tateHwy361Gulf of Me xico Corpus Christi Bay SeaPines D rAquariusStS Padr e I sl and Dr W h ite c a p B lv d S ta te Hwy361Park Rd22 2015-2020 Crime Map Padre/Mustang Island Corpus Christi City Limits Source: City of Corpus Christi Data collected February 2020 E1 Miles Low Crime Frequency High Crime Frequency Crime Frequency Note: The increase in crime frequency on the heat map represents a greater clustering of crimes in a certain area. 66 CRIME MAP (2015-2020) CITY OF CORPUS CHRISTI JUne 2, 2021 Gulf of Mexico Corpus Christi Bay Inset SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d Par kRd22S tateHwy361Gulf of Me xico Corpus Christi Bay SeaPines D rAquariusStS Padr e I sl and Dr W h ite c a p B lv d S ta te Hwy361Park Rd22 2015-2020 Crime Map Padre/Mustang Island Corpus Christi City Limits Source: City of Corpus Christi Data collected February 2020 E1 Miles Low Crime Frequency High Crime Frequency Crime Frequency Note: The increase in crime frequency on the heat map represents a greater clustering of crimes in a certain area. 67 CRIME MAP (2015-2020) PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 PUBLIC INPUT: CRIME AND SAFETY CONCERNS RESPONSE TOPIC COUNT % General Crime 86 72% Police Presence Needed 17 14% Theft 4 3% Perception of Crime 3 3% Better Traffic Control Needed 3 3% Homelessness 2 2% Vehicle Break-ins 2 2% Loitering 1 1% Too Much Police Presence 1 1% Drugs 1 1% Total 120 100% 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. # k k ### #k G k #k k ! k k k k k k k k k k k k # # k k k#k # #k # k #k k k k k k # #k k # k k # X k k k k k kk k k k k ! ! k k k k k k k k k k k k k k k k k k k k k k k k k k kk k k k k k k k k k k k k k k k k k Gulf of Mexico Corpus Christi Bay Inset SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d Par kRd22S tateHwy361# k k # ## # k G k # k k ! k k k k k k k k k k # # k k k #k # #k # k # k k k k k k # #k k # k k # X k k k k k k k k ! ! k k k k k k k k k k k k k k k k k k k k k k k k k kk k k k k k k k k k k k k k Gulf of Me xico Corpus Christi Bay SeaPines D rAquariusStS Padr e I sl and Dr W h ite c a p B lv d S ta te Hwy361Park Rd22 Public Input: Crime and Safety Response Topic k Ge neral Crime k Perception of Crime k Theft k Vehic le Break-ins !Better Traffic Control Needed X Drugs $Homeles sness G Loitering #Police Presenc e Needed #Too Muc h Police Presen ce Padre/Mustang Island Corpus Christi City Limits So urce: Metroquest Data collected May 2020 E1 Miles 68 PUBLIC INPUT: CRIME AND SAFETY CONCERNS CITY OF CORPUS CHRISTI JUne 2, 2021 # k k ### #k G k #k k ! k k k k k k k k k k k k # # k k k#k # #k # k #k k k k k k # #k k # k k # X k k k k k kk k k k k ! ! k k k k k k k k k k k k k k k k k k k k k k k k k k kk k k k k k k k k k k k k k k k k k Gulf of Mexico Corpus Christi Bay Inset SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d Par kRd22S tateHwy361# k k # ## # k G k # k k ! k k k k k k k k k k # # k k k #k # #k # k # k k k k k k # #k k # k k # X k k k k k k k k ! ! k k k k k k k k k k k k k k k k k k k k k k k k k kk k k k k k k k k k k k k k Gulf of Me xico Corpus Christi Bay SeaPines D rAquariusStS Padr e I sl and Dr W h ite c a p B lv d S ta te Hwy361Park Rd22 Public Input: Crime and Safety Response Topic kGeneral Crime kPerception of Crime kTheft kVehicle Break-ins !Better Traffic Control Needed XDrugs $Homelessness GLoitering #Police Presence Needed #Too Much Police Presence Padre/Mustang Island Corpus Christi City Limits Source: Metroquest Data collected May 2020 E1 Miles 69 PUBLIC INPUT: CRIME AND SAFETY CONCERNS PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 PADRE ISLES PROPERTY OWNERS ASSOCIATION (PIPOA) #SECTION 1 Padre Island - Section A 2 Padre Island - Section B 3 Padre Island - Section D 4 Padre Island - Section E 5 Padre Island - Section C 6 Padre Island - Section 6 7 Galleon Bay - Section 3 8 Galleon Bay - Section 2 9 Mariner's Cay - Section 6 10 Mariner's Cay - Section 6 - Unit 2A 11 Commodore's Cove - Section 12 - Unit 1 12 Island Fairway Estates - Section 13 13 Island Fairway Estates - Section 13 14 Island Fairway Estates - Section 15 15 Barataria Bay - Section 5 - Unit 5 #SECTION 16 Island Fairway Estates - Section 14 17 Barataria Bay- Section 5- Unit 3 18 Barataria Bay - Section 5 - Unit 4 19 Point Tesoro - Section 8 - Unit 3 20 Point Tesoro - Section 8 - Unit 2 21 PointTesoro - Section 8 - Unit 1 22 Barataria Bay - Section 5 - Unit 2 23 Barataria Bay - Section 5 - Unit 1 24 Tradewinds - Section 4 25 Padre Island - Section 16 26 Point Tesoro - Section 19 - Unit 4 27 Ports O’ Call - Section 11 28 PointTesoro - Section 8 - Unit 5 29 Coquina Bay - Section 10 30 Sea Pines - Section 7 -Unit 1 Source: Padre Isles Property Owners Association, April 2021 - https://www.padreislespoa.net/ community-information/island-map/sections SECTIONS 70 PADRE ISLES PROPERTY OWNERS ASSOCIATION (PIPOA) CITY OF CORPUS CHRISTI JUne 2, 2021 71 PADRE ISLES PROPERTY OWNERS ASSOCIATION (PIPOA) PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 THIS PAGE INTENTIONALLY LEFT BLANK 72 CITY OF CORPUS CHRISTI JUne 2, 2021 ENVIRONMENTAL CONDITIONS 73PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 PRELIMINARY FIRM DESIGNATION ACRES PERCENTAGE STRUCTURES Velocity Zone 8,771 40%23 1% Annual Chance (100 Year)10,133 47%3,640 0.2% Annual Chance (500 year)656 3%303 Gulf of Mexico Corpus Christi Bay Inset SeaPinesDrAquariusStS Padr eI sl and Dr Whitecap BlvdPar kRd22StateHwy361 Gulf of Mexico Corpus Christi Bay SeaPines D rAquariusStS Padr e I sl and Dr W h ite c a p B lv d S ta te Hwy361Park Rd22 Flood Zone Map FEMA Flood Zone Velocity Zone 1% Annual Chance (100 year) 0.2% Annual Chance (500 year) Open Water Padre/Mustang Island Corpus Christi City Limits Source: City of Corpus Christi Data collected February 2020 E1 Miles Minimal Flood Hazard 57 <1%--- Open Water 839 4% No Data Available (Southern Tip)1,288 6% Total 21,744 100%3,966 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. Preliminary FIRM FEMA Fl ood Zones Minimal Flood Hazard Velocity Zo ne 1% Annual Chance (1 00 ye ar) 0.2% Annual Chance (500 year) Open Wate r No Da ta Padre/Mustang Island Corpus Christi C ity Limits Source: City of Corpus Christi Data collected February 2020 E1 Miles 74 PRELIMINARY FIRM CITY OF CORPUS CHRISTI JUne 2, 2021 Preliminary FIRM FEMA Flood Zones Minimal Flood Hazard Velocity Zone 1% Annual Chance (100 year) 0.2% Annual Chance (500 year) Open Water No Data Padre/Mustang Island Corpus Christi City Limits Source: City of Corpus Christi Data collected February 2020 E1 Miles 75 PRELIMINARY FIRM PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 STORM SURGE CATEGORY 1 ACRES NUMBER OF STRUCTURES Up to 3’ Above Ground 3,710 306 Greater than 3’ Above Ground 3,790 306 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. CATEGORY 1 HURRICANE 76 STORM SURGE CITY OF CORPUS CHRISTI JUne 2, 2021 Gulf of Mexico Corpus Christi Bay Inset SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d Par kRd22S tateHwy361Gulf of Me xico Corpus Christi Bay SeaPines D rAquariusStS Padr e I sl and Dr W h ite c a p B lv d S ta te Hwy361Park Rd22 Storm Surge Category 1 Up to 3' above ground Greater than 3' above ground Greater than 6' above ground Greater than 9' above ground Padre/Mustang Island Corpus Christi City Limits Source: Natl Hurican e Ctr, Data collected August 2020 E1 Miles 77 STORM SURGE PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 CATEGORY 2 ACRES NUMBER OF STRUCTURES Up to 3’ Above Ground 4,171 2,276 Greater than 3’ Above Ground 7,354 2,402 Greater than 6’ Above Ground 7,395 2,402 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. CATEGORY 2 HURRICANE Gulf of Mexico Corpus Christi Bay Inset SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d Par kRd22S tateHwy361Gulf of Me xico Corpus Christi Bay SeaPines D rAquariusStS Padr e I sl and Dr W h ite c a p B lv d S ta te Hwy361Park Rd22 Storm Surge Category 2 Up to 3' above grou nd Greater than 3' above ground Greater than 6' above ground Greater than 9' above ground Padre/Mustang Island Corpus Christi City Limits Source: Natl Hurican e Ctr, Data collected August 2020 E1 Miles 78 STORM SURGE CITY OF CORPUS CHRISTI JUne 2, 2021 Gulf of Mexico Corpus Christi Bay Inset SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d Par kRd22S tateHwy361Gulf of Me xico Corpus Christi Bay SeaPines D rAquariusStS Padr e I sl and Dr W h ite c a p B lv d S ta te Hwy361Park Rd22 Storm Surge Category 2 Up to 3' above ground Greater than 3' above ground Greater than 6' above ground Greater than 9' above ground Padre/Mustang Island Corpus Christi City Limits Source: Natl Hurican e Ctr, Data collected August 2020 E1 Miles 79 STORM SURGE PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 CATEGORY 3 ACRES NUMBER OF STRUCTURES Up to 3’ Above Ground 1,588 254 Greater than 3’ Above Ground 5,812 3,365 Greater than 6’ Above Ground 10,030 3,818 Greater than 9’ Above Ground 10,308 3,824 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. CATEGORY 3 HURRICANE Gulf of Mexico Corpus Christi Bay Inset SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d Par kRd22S tateHwy361Gulf of Me xico Corpus Christi Bay SeaPines D rAquariusStS Padr e I sl and Dr W h ite c a p B lv d S ta te Hwy361Park Rd22 Storm Surge Category 3 Up to 3' above grou nd Greater than 3' above ground Greater than 6' above ground Greater than 9' above ground Padre/Mustang Island Corpus Christi City Limits Source: Natl Hurican e Ctr, Data collected August 2020 E1 Miles 80 STORM SURGE CITY OF CORPUS CHRISTI JUne 2, 2021 Gulf of Mexico Corpus Christi Bay Inset SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d Par kRd22S tateHwy361Gulf of Me xico Corpus Christi Bay SeaPines D rAquariusStS Padr e I sl and Dr W h ite c a p B lv d S ta te Hwy361Park Rd22 Storm Surge Category 3 Up to 3' above ground Greater than 3' above ground Greater than 6' above ground Greater than 9' above ground Padre/Mustang Island Corpus Christi City Limits Source: Natl Hurican e Ctr, Data collected August 2020 E1 Miles 81 STORM SURGE PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 CATEGORY 4 ACRES NUMBER OF STRUCTURES Up to 3’ Above Ground 269 56 Greater than 3’ Above Ground 1,215 148 Greater than 6’ Above Ground 3,714 1,742 Greater than 9’ Above Ground 10,871 3,880 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. CATEGORY 4 HURRICANE Gulf of Mexico Corpus Christi Bay Inset SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d Par kRd22S tateHwy361Gulf of Me xico Corpus Christi Bay SeaPines D rAquariusStS Padr e I sl and Dr W h ite c a p B lv d S ta te Hwy361Park Rd22 Storm Surge Category 4 Up to 3' above grou nd Greater than 3' above ground Greater than 6' above ground Greater than 9' above ground Padre/Mustang Island Corpus Christi City Limits Source: Natl Hurican e Ctr, Data collected August 2020 E1 Miles 82 STORM SURGE CITY OF CORPUS CHRISTI JUne 2, 2021 Gulf of Mexico Corpus Christi Bay Inset SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d Par kRd22S tateHwy361Gulf of Me xico Corpus Christi Bay SeaPines D rAquariusStS Padr e I sl and Dr W h ite c a p B lv d S ta te Hwy361Park Rd22 Storm Surge Category 4 Up to 3' above ground Greater than 3' above ground Greater than 6' above ground Greater than 9' above ground Padre/Mustang Island Corpus Christi City Limits Source: Natl Hurican e Ctr, Data collected August 2020 E1 Miles 83 STORM SURGE PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 CATEGORY 5 ACRES NUMBER OF STRUCTURES Up to 3’ Above Ground 110 48 Greater than 3’ Above Ground 608 95 Greater than 6’ Above Ground 2,140 272 Greater than 9’ Above Ground 10,940 3,895 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. CATEGORY 5 HURRICANE Gulf of Mexico Corpus Christi Bay Inset SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d Par kRd22S tateHwy361Gulf of Me xico Corpus Christi Bay SeaPines D rAquariusStS Padr e I sl and Dr W h ite c a p B lv d S ta te Hwy361Park Rd22 Storm Surge Category 5 Up to 3' above grou nd Greater than 3' above ground Greater than 6' above ground Greater than 9' above ground Padre/Mustang Island Corpus Christi City Limits Source: Natl Hurican e Ctr, Data collected August 2020 E1 Miles 84 STORM SURGE CITY OF CORPUS CHRISTI JUne 2, 2021 Gulf of Mexico Corpus Christi Bay Inset SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d Par kRd22S tateHwy361Gulf of Me xico Corpus Christi Bay SeaPines D rAquariusStS Padr e I sl and Dr W h ite c a p B lv d S ta te Hwy361Park Rd22 Storm Surge Category 5 Up to 3' above ground Greater than 3' above ground Greater than 6' above ground Greater than 9' above ground Padre/Mustang Island Corpus Christi City Limits Source: Natl Hurican e Ctr, Data collected August 2020 E1 Miles 85 STORM SURGE PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 PUBLIC INPUT: FLOOD PRONE AREAS The map shows the location of flood prone areas as identified by the public input received through the online survey. Each dot on the map represents a location where a flooding issue has been identified. Light flooding and heavy flooding are based on the level of density of the dots. For details regarding the comments related to each data point, see Online Survey 1 Summary. ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! Gulf of Mexico Corpus Christi Bay Inset SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d Par kRd22S tateHwy361! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! Gulf of Mexico Corpus Christi Bay SeaPines D rAquariusStS Padr e I sl and Dr W h ite c a p B lv d S ta te Hwy361Park Rd22 Public Input: Flood Prone Areas !Flooding Location Padre/Mustang Island Corpus Christi C ity Limits Source: Metroquest Data collected May 2020 E1 Miles Light Flooding Heavy Flooding Flooding Ra te 86 PUBLIC INPUT: FLOOD PRONE AREAS CITY OF CORPUS CHRISTI JUne 2, 2021 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! Gulf of Mexico Corpus Christi Bay Inset SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d Par kRd22S tateHwy361! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! Gulf of Mexico Corpus Christi Bay SeaPines D rAquariusStS Padr e I sl and Dr W h ite c a p B lv d S ta te Hwy361Park Rd22 Public Input: Flood Prone Areas !Flooding Location Padre/Mustang Island Corpus Christi City Limits Source: Metroquest Data collected May 2020 E1 Miles Light Flooding Heavy Flooding Flooding Rate 87 PUBLIC INPUT: FLOOD PRONE AREAS PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 COASTAL BARRIER RESOURCES SYSTEM (CBRS) The Coastal Barrier Resources Act (CBRA) of 1982 and subsequent amendments established the John H. Chafee Coastal Barrier Resources System (CBRS). The CBRS consists of relatively undeveloped coastal barriers and other areas located the Atlantic, Gulf of Mexico, Great Lakes, U.S. Virgin Islands, and Puerto Rico coasts. The CBRS currently includes 585 System Units, which comprise nearly 1.4 million acres of land and associated aquatic habitat. There are also 277 “Otherwise Protected Areas,” a category of coastal barriers that are mostly already held for conservation and/or recreation purposes that include an additional 2.1 million acres of land and associated aquatic habitat. The CBRS units are identified and depicted on a series of maps entitled “John H. Chafee Coastal Barrier Resources System.” These maps are controlling and indicate which lands are affected by the CBRA. Source: https://www.fws.gov/cbra/maps/index.html 88 COASTAL BARRIER RESOURCES SYSTEM (CBRS) CITY OF CORPUS CHRISTI JUne 2, 2021 OPA Padre and Mustang IslandU.S. Fish and Wildlife Service, Coastal Barrier Resources Act Program, Source: Esri, Maxar,GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GISUser CommunityEsri, HERE, Garmin, (c) OpenStreetMap contributorsCBRS UnitsOtherwise Protected AreaSystem UnitApril 14, 202104.592.25mi07143.5km1:254,475This page was produced by the CBRS Mapper This map is for general reference only. The Coastal Barrier Resources System (CBRS) boundaries depicted on this map are representations ofthe controlling CBRS boundaries, which are shown on the official maps, accessible athttps://www.fws.gov/cbra/maps/index.html. All CBRSrelated data should be used in accordance with the layer metadata found on the CBRS Mapper website.The CBRS Buffer Zone represents the area immediately adjacent to the CBRS boundary where users are advised to contact the Service for anofficial determination (http://www.fws.gov/cbra/Determinations.html) as to whether the property or project site is located "in" or "out" of theCBRS.CBRS Units normally extend seaward out to the 20- or 30-foot bathymetric contour (depending on the location of the unit). The true seawardextent of the units is not shown in the CBRS mapper.89 COASTAL BARRIER RESOURCES SYSTEM (CBRS) PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 THIS PAGE INTENTIONALLY LEFT BLANK 90 CITY OF CORPUS CHRISTI JUne 2, 2021 LAND USE 91PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 EXISTING LAND USE LAND USE ACRES % Estate Residential 2 <1% Low-Density Residential 749 3% Medium-Density Residential 166 1% High-Density Residential 87 <1% Park 5,143 24% Public/Semi-Public 59 <1% Professional Office 6 <1% Commercial 243 1% Light Industrial 1 <1% Heavy Industrial 102 <1% Gulf of Mexico Corpus Christi Bay Inset SeaPinesDrAquariusStS Padr eI sl and Dr Whitecap BlvdPar kRd22StateHwy361 Gulf of Me xico Corpus Christi Ba y Par k Rd 22State Hwy 361W h ite c a p B lv dAquarius StSea Pines Dr Existing Land Use Agricultural Water Conservation/Preservation Drainage Corridor Railroad Right-of-Way Vacant Estate Residential Low Density Residential Medium Density Residential High Density Residential Manufactured Home Park Public/Semi-Public Professional Office Commercial Light Industrial Heavy Industrial Padre/Mustang Island Corpus Christi City Limits Source City of Corpus Christi E1 Miles Conservation Preservation 610 3% Right-of Way 771 4% Vacant 5,207 24% Water 8,597 40% Total 21,744 100% Total Land Area 13,147 92 EXISTING LAND USE CITY OF CORPUS CHRISTI JUne 2, 2021 Gulf of Me xico Corpus Christi Bay Inset SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d Par kRd22S tateHwy361Gulf of Mexico Corpus Christi Bay Par k Rd 22State Hwy 361W h ite c a p B lv dAquarius StSe a Pines Dr Existing Land Use Agricultural Water Conservation/Preservation Drainage Corridor Railroad Right-of-Way Vacant Estate Residential Low Density Residential Medium Density Residential High Density Residential Manufactured Home Park Public/Semi-Public Professional Office Commercial Light Industrial Heavy Industrial Padre/Mustang Island Corpus Christi City Limits So urce C ity of Corpus C hristi E1 Miles 93 EXISTING LAND USE PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 SUBDIVISION/PLATTING DECADE NUMBER OF SUBDIVISIONS ACRES 1950's 3 174.6 1960's 28 1,025.3 1970's 30 1,027.0 1980's 18 273.9 1990's 23 209.2 2000's 177 780.4 2010's 92 367.7 2020's 5 9.8 no data 50 110.0 Total 426 3,977.8 Gulf of Mexico Corpus Christi Bay Inset SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d Par kRd22S tateHwy361Gulf of Me xico Corpus Christi Bay Par k Rd 22State Hwy 361W h ite c a p B lv dAquarius StSe a Pines D r Subdivision/Platting Decade no data 1950's 1960's 1970's 1980's 1990's 2000's 2010's 2020's Padre/Mustang Island Corpus Christi City Limits Source City of Co rpus C hristi Data collected September, 2020 E1 Miles 94 SUBDIVISION/PLATTING CITY OF CORPUS CHRISTI JUne 2, 2021 Gulf of Mexico Corpus Christi Bay Inset SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d Par kRd22S tateHwy361Gulf of Me xico Corpus Christi Bay Par k Rd 22State Hwy 361W h ite c a p B lv dAquarius StSe a Pines D r Subdivision/Platting Decade no data 1950's 1960's 1970's 1980's 1990's 2000's 2010's 2020's Padre/Mustang Island Corpus Christi City Limits Source City of Co rpus C hristi Data collected September, 2020 E1 Miles 95 SUBDIVISION/PLATTING PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 2016 FUTURE LAND USE LAND USE ACRES % Mixed-Use 130 1% Commercial 340 2% Government 312 1% Light Industrial 1 <1% Low-Density Residential 21 <1% Medium-Density Residential 873 4% High-Density Residential 244 1% Gulf ofMexicoCorpusChristiBay Inset SeaPinesDrAquariusStS Padr eI sl and Dr Whitecap BlvdPar kRd22StateHwy361 Gulf of Mexico CorpusChristiBay Par k Rd 22State Hwy 361Whitecap BlvdAquarius StSe a Pines D r 2016Future Land UseMixed-UseCommercialGovernmentLight IndustrialLow-Density ResidentialMedium-Density ResidentialMultifamily ResidentialPlanned DevelopmentTransportationPermanent Open SpaceFlood Plain ConservationVacantWaterPadre/Mustang IslandCorpus Christi City Limits Source City of Corpus Christi E1 Miles Planned Development 4,269 20% Transportation 784 4% Permanent Open Space 6,057 28% Flood Plain Conservation 166 1% Water 8,546 39% Vacant 1 <1% Total 21,744 100% 96 2016 FUTURE LAND USE CITY OF CORPUS CHRISTI JUne 2, 2021 Gulf of Mexico Corpus Christi Bay Inset SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d Par kRd22S tateHwy361Gulf of Me xico Corpus Christi Bay Par k Rd 22State Hwy 361W h ite c a p B lv dAquarius StSe a Pines D r 2016 Future Land Use Mixed-Use Commercial Government Light Industrial Low-Density Residential Medium-Density Residential Multifamily Residential Planned Development Transportation Permanent Open Space Flood Plain Conservation Vacant Water Padre/Mustang Island Corpus Christi City Limits Source City of Co rpus C hristi E1 Miles 97 2016 FUTURE LAND USE PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 The table identifies the different ownership types for the Permanent Open Space land use designation in the May 12, 2021 Draft Padre/ Mustang Island Future Land Use Map. The associated map identifies the location of each of the different ownership types within areas designated as Permanent Open Space. OWNERSHIP ACRES PERCENT City of Corpus Christi 52 1% Nueces County 715 11% State of Texas 4,822 74% Non-Governmental Organizations 183 3% Privately Owned 97 1% Unknown Owner 613 9% Total 6,482 100% OWNERSHIP NOTES »State of Texas includes Texas Parks and Wildlife Dept., Texas General Land Office, and public lands owned by the State of Texas. »Non-Governmental Organizations includes the Coastal Bend Bays & Estuaries Program and the Nature Conservancy. »The areas that are Privately Owned generally correlate with beaches, public water access points, and natural areas. »Unknown Owner represents land areas without available ownership information. These areas generally include beaches and natural areas. PERMANENT OPEN SPACE LAND USE BY OWNERSHIP Gulf of Mexico Corpus Christi Bay Inset SeaPines D rAquariusStWhitecap B lv dPark Rd 22S tateHwy361Gulf of Mexico Corpus Christi Ba y Par k Rd 22State Hwy 361W h ite c a p B lv dAquarius StSea Pines Dr Permanent Open Space Ownership Map City of Co rpus C hristi Nueces Co unty State of Texas Non-Governmental Organ ization Priva tely Owne d Unkn own Owner Padre/Mustang Island Corpus Ch risti C ity Limits Source Freese and Nichols DATE: June 1, 2 021 E1 Miles 98 PERMANENT OPEN SPACE LAND USE BY OWNERSHIP CITY OF CORPUS CHRISTI JUne 2, 2021 Gulf of Mexico Corpus Christi Bay Inset SeaPines D rAquariusStWhitecap B lv dPark Rd 22S tateHwy361Gulf of Mexico Corpus Christi Ba y Par k Rd 22State Hwy 361W h ite c a p B lv dAquarius StSea Pines Dr Permanent Open Space Ownership Map City of Corpus Christi Nueces County State of Texas Non-Governmental Organization Privately Owned Unknown Owner Padre/Mustang Island Corpus Christi City Limits Source Freese and Nichols DATE: June 1, 2 021 E1 Miles 99 PERMANENT OPEN SPACE LAND USE BY OWNERSHIP PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 APPROVED ZONING CASES (2015-2020) CASE NUMBER DATE APPROVED ZONING CHANGE 0915-04 10/20/2015 RS-6/IO to RS-TH/IO/PUD 0316-03 4/26/2016 RM-AT/IO to RS-TH/IO/PUD 0316-06 5/24/2016 RM-3 to RS-TH/PUD 0716-05 9/6/2016 RS-TH/PUD to RS-TH/PUD 0617-06 8/15/2017 CR-1/IO to RM-AT/IO/PUD 0918-02 10/30/2018 CR-1 to CR-2/IO/SP 0819-03 12/10/2019 RM-AT/PUD to RM-AT/PUD 1019-02 12/17/2019 RM-AT to RM-AT/PUD 0220-02 5/12/2020 RM-AT to RS-4.5/PUD ZONING DISTRICT DEFINITIONS RS-4.5 Single-Family 4.5 RS-6 Single-Family 6 RS-TH Townhouse RM-3 Multifamily 3 RM-AT Multifamily AT CR-1 Resort Commercial (Bayfront) CR-2 Resort Commercial (Barrier Island) PUD Planned Unit Development Overlay SP Special Permit IO Island Overlay Gulf of Mexico Corpus Christi Bay Inset 0220-02 SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d Par kRd22S tateHwy361Gulf of Me xico Corpus Christi Bay 0716-05 0316-03 0316-06 0915-04 0918-02 0617-06 1019-02 0819-03 SeaPines D rAquariusStS Padr e I sl and Dr W h ite c a p B lv d S ta te Hwy361Park R d 22Approved Zoning Cases (2015-2020) Year of Zoning Case 2015 2016 2017 2018 2019 2020 Padre/Mustang Island Corpus Christi City Limits Source: City of Corpus Christi May 2020 E1 Miles 100 APPROVED ZONING CASES (2015-2020) CITY OF CORPUS CHRISTI JUne 2, 2021 Gulf of Mexico Corpus Christi Bay Inset 0220-02 SeaPines D rAquariusStS Padr eI sl and Dr W h ite c a p B lv d Par kRd22S tateHwy361Gulf of Me xico Corpus Christi Bay 0716-05 0316-03 0316-06 0915-04 0918-02 0617-06 1019-02 0819-03 SeaPines D rAquariusStS Padr e I sl and Dr W h ite c a p B lv d S ta te Hwy361Park R d 22Approved Zoning Cases (2015-2020) Year of Zoning Case 2015 2016 2017 2018 2019 2020 Padre/Mustang Island Corpus Christi City Limits Source: City of Corpus Christi May 2020 E1 Miles 101 APPROVED ZONING CASES (2015-2020) PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 ZONING MAP The zoning map reflects zoning information as of March 17, 2021. For details about the zoning on a certain property, or to view up- to-date zoning information, see the online zoning map available on the City website at: https://gis-corpus.opendata.arcgis.com/ MAP ID OVERLAY BASE ZONING CASE NUMBER ORDINANCE NUMBER DATE APPROVED P1 PUD RS-TH 0714-03 030258 8/26/2014 P2 PUD RS-TH 0716-05 030940 8/30/2016 P3 PUD RM-AT 027150 2/13/2007 P4 PUD RS-6 025818 7/13/2004 P5 PUD RS-4.5 0414-05 030190 6/10/2014 P6 PUD RS-TH 0316-06 030864 5/24/2016 P7 PUD RM-AT 0213-02 029784 4/9/2013 P8 PUD RS-4.5 0220-02 032102 5/12/2020 P9 PUD RM-AT 027080 12/12/2006 P10 PUD RM-AT 028873 12/7/2010 S1 SP/09-07 FR 028164 5/18/2009 S2 SP/98-03 CR-2 023204 2/10/1998 S3 SP/21-01 RM-AT 1220-04 032370 3/2/2021 PLAN UNIT DEVELOPMENTS AND SPECIAL PERMITS Gulf of Mexico Corpus Christi Bay Inset SeaPines D r W h ite c a p B lv d Par kRd22S tateHwy361P1P1 S1S1 P2P2 P3P3 P4P4 P5P5 P7P7 P8P8 S3S3 P10P10 Gulf of Me xico Corpus Christi Bay SeaPines D rAquariusStWhitecap B lv d S ta teHwy361P ark Rd22P1P1 P2P2 S2S2 P3P3 P4P4 P5P5 Zoning Map Zoning Districts FR - Farm Ru ral RE - Residential Estate RS-6 - Single-Family 6 RS-4.5 - Single-Family 4.5 RS-TH - TH Townh ouse RS-TF - Two-Family RM-1 - Multifa mily 1 RM-3 - Multifa mily 3 RM-AT - Multifamily AT CR-1 - Resort Commercial (Bayfront) CR-2 - Resort Commercial (Barier Island) CG-2 - General Comme rcial Overlay Di stricts SP PUD Padre/Mustang Island Corpus Christi City Limits Source: City of Corpus Christi Data download: March 17, 2021 E1 Miles 102 ZONING MAP CITY OF CORPUS CHRISTI JUne 2, 2021 Gulf of Mexico Corpus Christi Bay Inset SeaPines D r W h ite c a p B lv d Par kRd22S tateHwy361P1P1 S1S1 P2P2 P3P3 P4P4 P5P5 P7P7 P8P8 S3S3 P10P10 Gulf of Me xico Corpus Christi Bay SeaPines D rAquariusStWhitecap B lv d S ta teHwy361P ark Rd22P1P1 P2P2 S2S2 P3P3 P4P4 P5P5 Zoning Map Zoning Districts FR - Farm Rural RE - Residential Estate RS-6 - Single-Family 6 RS-4.5 - Single-Family 4.5 RS-TH - TH Townhouse RS-TF - Two-Family RM-1 - Multifamily 1 RM-3 - Multifamily 3 RM-AT - Multifamily AT CR-1 - Resort Commercial (Bayfront) CR-2 - Resort Commercial (Barier Island) CG-2 - General Commercial Overlay Districts SP PUD Padre/Mustang Island Corpus Christi City Limits Source: City of Corpus Christi Data download: March 17, 2021 E1 Miles 103 ZONING MAP PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 ISLAND OVERLAY DISTRICT The requirements of the Island Overlay District can be found in section 6.4 of the Unified Development Code. Island Overlay Island Overlay Padre/Mustang Island Corpus Christi City Limits Source: City of Corpus Christi April6, 2 020 E1 Miles 104 ISLAND OVERLAY DISTRICT CITY OF CORPUS CHRISTI JUne 2, 2021 Island Overlay Island Overlay Padre/Mustang Island Corpus Christi City Limits Source: City of Corpus Christi April6, 2 020 E1 Miles 105 ISLAND OVERLAY DISTRICT PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 TAX INCREMENT REINVESTMENT ZONE (TIRZ) #2 Tax Increment Reinvestment Zone #2 TIRZ #2 Padre/Mustang Island Corpus Christi City Limits E1 Miles Sou rce: City of Corpus Christi Draft Date: Sept 9, 2 020 106 TAX INCREMENT REINVESTMENT ZONE (TIRZ) #2 CITY OF CORPUS CHRISTI JUne 2, 2021 Tax Increment Reinvestment Zone #2 TIRZ #2 Padre/Mustang Island Corpus Christi City Limits E1 Miles Sou rce: City of Corpus Christi Draft Date: Sept 9, 2 020 107 TAX INCREMENT REINVESTMENT ZONE (TIRZ) #2 PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 CITY, COUNTY, OR STATE- MAINTAINED BEACHES 108 CITY, COUNTY, OR STATE-MAINTAINED BEACHES CITY OF CORPUS CHRISTI JUne 2, 2021 Conrad Blucher Institute TAMUConrad Blucher Institute TAMU-Conrad Blucher Institute TAMU-CCPackery ChannelCorpus Christi BayGulf ofMexicoFishPassNueces CountyCity of CCTPWD (MISP)North North PadrePadreIslandMustang Mustang Mustang IslandJFK CausewayBeach Maintenance Inside Corpus Christi City Limits City of Corpus Christi 4.2 MilesState of Texas 5.2 MilesCity of Corpus Christi 3.2 MilesNueces County 1.2 MilesTotal Miles in the City limits of Corpus Christi 13.8MilesSource: City of Corpus Christi Beach Operations and Conrad Blucher Institute, TAMU-CC; April 2021.109 CITY, COUNTY, OR STATE-MAINTAINED BEACHES PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 BUSINESS ANALYST: RETAIL MARKETPLACE PROFILE Retail MarketPlace Profile PadreMustangIsland Prepared by Esri Area: 33.99 square miles Summary Demographics 2019 Population 10,178 2019 Households 4,588 2019 Median Disposable Income $81,883 2019 Per Capita Income $58,831 NAICS Demand Supply Retail Gap Leakage/Surplus Number of 2017 Industry Summary (Retail Potential) (Retail Sales)Factor Businesses To tal Retail Tra de and Food & Drink 44-45,722 $269,092,665 $44,195,920 $224,896,745 71.8 62 To tal Retail Tra de 44-45 $241,911,426 $27,303,063 $214,608,363 79.7 32 To tal Food & Drink 722 $27,181,239 $16,892,857 $10,288,382 23.3 30 NAICS Demand Supply Retail Gap Leakage/Surplus Number of 2017 Industry Group (Retail Potential) (Retail Sales)Factor Businesses Motor Vehicle & Parts Dealers 441 $51,576,434 $3,053,637 $48,522,797 88.8 3 Automobile Dealers 4411 $41,322,453 $586,502 $40,735,951 97.2 1 Other Motor Veh icle Dealers 4412 $5,565,448 $2,467,135 $3,098,313 38.6 2 Auto Parts, Accessories & Tire Stores 4413 $4,688,533 $0 $4,688,533 100.0 0 Furniture & Home Furnishings Stores 442 $8,649,810 $1,617,167 $7,032,643 68.5 3 Furniture Stores 4421 $4,947,321 $1,617,167 $3,330,154 50.7 3 Home Furnishings Stores 4422 $3,702,489 $0 $3,702,489 100.0 0 Electronics & Appliance Stores 443 $9,026,252 $0 $9,026,252 100.0 0 Bldg Materials, Garden Equip. & Supply Stores 444 $16,350,165 $2,582,430 $13,767,735 72.7 4 Bldg Material & Supplies Dealers 4441 $15,390,202 $2,412,600 $12,977,602 72.9 3 Lawn & Garden Equip & Supply Stores 4442 $959,964 $169,830 $790,134 69.9 1 Food & Beverage Stores 445 $43,361,724 $6,868,417 $36,493,307 72.7 8 Grocery Stores 4451 $39,195,345 $3,961,251 $35,234,094 81.6 2 Specialty Food Stores 4452 $1,825,649 $1,505,009 $320,640 9.6 4 Beer, Wine & Liquor Stores 4453 $2,340,730 $1,402,158 $938,572 25.1 3 Health & Personal Care Stores 446,4461 $14,322,781 $3,035,225 $11,287,556 65.0 2 Gasoline Stations 447,4471 $23,327,184 $547,360 $22,779,824 95.4 1 Clothing & Clothing Accessories Stores 448 $11,275,954 $4,179,378 $7,096,576 45.9 5 Clothing Stores 4481 $7,392,546 $3,954,229 $3,438,317 30.3 4 Shoe Stores 4482 $1,505,081 $225,149 $1,279,932 74.0 1 Jewelry, Luggage & Leather Goods Stores 4483 $2,378,327 $0 $2,378,327 100.0 0 Sporting Goods, Hobby, Book & Music Stores 451 $8,377,368 $1,291,222 $7,086,146 73.3 2 Sporting Goods/Hobby/Musical Instr Stores 4511 $7,474,670 $1,291,222 $6,183,448 70.5 2 Book, Periodical & Music Stores 4512 $902,698 $0 $902,698 100.0 0 General Merchandise Stores 452 $42,159,238 $0 $42,159,238 100.0 0 Department Stores Excluding Leased Depts.4521 $29,472,144 $0 $29,472,144 100.0 0 Other General Merchandise Stores 4529 $12,687,093 $0 $12,687,093 100.0 0 Miscellaneous Store Retailers 453 $9,613,276 $3,797,480 $5,815,796 43.4 3 Florists 4531 $454,262 $0 $454,262 100.0 0 Office Supplies, Stationery & Gift Stores 4532 $2,066,881 $2,163,159 -$96,278 -2.3 1 Used Merchandise Stores 4533 $1,648,527 $0 $1,648,527 100.0 0 Other Miscellaneous Store Retailers 4539 $5,443,606 $1,634,321 $3,809,285 53.8 2 Nonstore Retailers 454 $3,871,239 $330,747 $3,540,492 84.3 1 Electronic Shopping & Mail-Order Houses 4541 $2,719,976 $0 $2,719,976 100.0 0 Ve nding Machine Operators 4542 $213,385 $330,747 -$117,362 -21.6 1 Direct Selling Establishments 4543 $937,878 $0 $937,878 100.0 0 Food Services & Drinking Places 722 $27,181,239 $16,892,857 $10,288,382 23.3 30 Special Food Services 7223 $319,427 $147,845 $171,582 36.7 1 Drinking Places -Alcoholic Beverages 7224 $1,047,745 $1,028,658 $19,087 0.9 3 Restaurants/Other Eating Places 7225 $25,814,068 $15,716,354 $10,097,714 24.3 26 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. March 26, 2020 ©2020 Esri Page 1 of 2 110 BUSINESS ANALYST: RETAIL MARKETPLACE PROFILE CITY OF CORPUS CHRISTI JUne 2, 2021 Retail MarketPlace Profile PadreMustangIsland Prepared by Esri Area: 33.99 square miles 2017 Leakage/Surplus Factor by Industry Subsector2017 Leakage/Surplus Factor by Industry Subsector Food Services & Drinking Places Nonstore Retailers Miscellaneous Store Retailers General Merchandise Stores Sporting Goods, Hobby, Book, and Music Stores Clothing and Clothing Accessories Stores Gasoline Stations Health & Personal Care Stores Food & Beverage Stores Bldg Materials, Garden Equip. & Supply Stores Electronics & Appliance Stores Furniture & Home Furnishings Stores Motor Vehicle & Parts Dealers Leakage/Surplus Factor 95908580757065605550454035302520151050 2017 Leakage/Surplus Factor by Industry Group2017 Leakage/Surplus Factor by Industry Group Restaurants/Other Eating Places Drinking Places (Alcoholic Beverages) Special Food Services Direct Selling Establishments Vending Machine Operators Electronic Shopping and Mail-Order Houses Other Miscellaneous Store Retailers Used Merchandise Stores Office Supplies, Stationery, and Gift Stores Florists Other General Merchandise Stores Department Stores (Excluding Leased Depts.) Book, Periodical, and Music Stores Jewelry, Luggage, and Leather Goods Stores Shoe Stores Clothing Stores Gasoline Stations Health & Personal Care Stores Beer, Wine, and Liquor Stores Specialty Food Stores Grocery Stores Lawn and Garden Equipment and Supplies Stores Building Material and Supplies Dealers Electronics & Appliance Stores Home Furnishings Stores Furniture Stores Auto Parts, Accessories, and Tire Stores Other Motor Vehicle Dealers Automobile Dealers Leakage/Surplus Factor 1009080706050403020100-10-20 Source:Esri and Infogroup. Esri 2019 Updated Demographics. Esri 2017 Retail MarketPlace. Copyright 2019 Esri. Copyright 2017 Infogroup, Inc. All rights reserved. March 26, 2020 ©2020 Esri Page 2 of 2 111 BUSINESS ANALYST: RETAIL MARKETPLACE PROFILE PADRe/MUSTAnG ISLAnD ADP BACKGROUnD DOCUMenT JUne 2, 2021 Padre/Mustang Island AREA DEVELOPMENT PLAN City of Corpus Christi Online Community Meeting 3 Online Open House Results Summary April 11, 2021 2 Padre/Mustang Island 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 Padre/Mustang Island 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 from Online Open House Padre/Mustang Island 3 Survey Traffic Survey Participation by Date The survey was launched March 22, 2021 and closed April 11, 2021. Date Participants 22-Mar-2021 0 23-Mar-2021 9 24-Mar-2021 9 25-Mar-2021 9 26-Mar-2021 3 27-Mar-2021 9 28-Mar-2021 12 29-Mar-2021 5 30-Mar-2021 5 31-Mar-2021 3 1-Apr-2021 1 2-Apr-2021 3 3-Apr-2021 1 4-Apr-2021 0 5-Apr-2021 0 6-Apr-2021 14 7-Apr-2021 11 8-Apr-2021 18 9-Apr-2021 43 10-Apr-2021 20 11-Apr-2021 18 Total 193 4 Padre/Mustang Island 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 Padre/Mustang Island 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 the Island? Response Count Percent Strongly Agree 26 14% Agree 74 40% Neither Agree nor Disagree 42 23% Disagree 22 12% Strongly Disagree 20 11% Total 184 100% Do you have additional comments regarding the Future Land Use Map? #Feedback 1 I agree as long as planned development is only zoned as residential. 2 Ports o'call and Fortuna Bay Drive should be included as "yellow, residential areas". The condos are all listed as SINGLE FAMILY RESIDENTIAL PURPOSES. These condo areas west of Park Road 22 should not be for Short Term Rental Properties. Long term and Owner usage only. NO STR. 3 The bridge! One accident paralyzes traffic for hours. 4 Padre Island could greatly benefit from a small town/walk-able area with restaurants, shops, and bars, such as a river-walk to boost the economy and community. Suggest the canal/Park Rd 22 crossing as a possible site as it is vacant for commercial development and future high- density housing yet not walking distance (but golf cart distance) from all the single family homes currently on the Island. 5 Concerned about what will happen with the “planned development” areas. 6 I would like to see specific plans/ideas being proposed for the mixed areas. I would be more agreeable if future plans explicitly imply that current beaches will remain permanently open areas untouched by commercial enterprise. 7 We definitely think a river walk with shops, restaurants, and things to do would be amazing for the island... Along with more beach restaurants on piers. 8 Have an area designated for food trucks near the seawall. 9 Must not allow new multi-family housing west of SP22 10 The area where Schlitterbahn is (and will be torn down) should be a golf course and not track homes that D.R. Horton has already signed on. Why have an Area Development Plan when all the developments are already in process???? We need to start thinking about if our infrastructure can support more houses and condos. We are already having issues with traffic. Padre/Mustang Island 5 #Feedback 11 Would love to see a water park and other venues for children. 12 The land use map (lack of a map really, just a table of areas), is useless unless there is projected use data to accompany the current use data. 13 Can't even see the map. Bad link. And you say you're being transparent. 14 Leave the wetlands behind the Aquarius extension, do not fill and develop them. They are the winter home to tens of thousands of migratory waterfowl. Map out the walk / bike / golf cart paths and require all future development to incorporate them into design. 15 I disagree with the significant development off of Aquarius Street (the golf course). The residents need that area to remain open. Trails there would be nice. There is nowhere else for them. 16 Short term rentals and more commercial development should be allowed west of PR22. 17 Stay out of natural wetlands. 18 Reflects a vision, not the only possible one. 19 The link for the land use map does not work... 20 Would love to see some additional commercial if it came with a second access point to the island (ie. another bridge) further south. 21 The Map does seem to reflect current City Zoning Codes and PIPOA Covenant Requirements which may contradict the proposal. 22 Not at this time but may at a later date. Visions and plans tend to change in reference to the Island. 23 Overall it seems like a good approach to separating the residential portions of the island from the commercial/high density portions. 24 Too much commercial around former Waves. 25 I saw no bike paths in the vision themes! There absolutely needs to be bike paths that are spacious, safe and have clear separation from roads and sidewalks. Please see this document about separated bike lane that was prepared for the Federal Highway Administration: https:// nacto.org/wp-content/uploads/2016/05/2-4_FHWA-Separated-Bike-Lane-Guide-ch-5_2014. pdf 26 No further comments. 27 Certain marked for residential development may also have some mixed use development. For example, Cape Summer by Seapines. Land plans have to be flexible to meet market conditions, particularly with large tracts. 28 No, because the map/data is rife with errors and misleading information. Why is "water" a land use category? And listing that "water" makes up 39% of the total acreage skews all of the numbers. Private property is listed as "permanent open space" and "flood plan conservation" lends even more doubt in the data. A portion of Padre Balli is marked as "permanent open space," too. It's possible that the County could/will develop a portion of the park. 6 Padre/Mustang Island #Feedback 29 Please leave the currently zoned RM-1, RM-2, RM-3 zoned areas with townhomes and condos (basically Seamount Cay, Salt Cay, Grass Cay, Gun Cay, Fortuna Bay alone from commercial zoning, no change in their current use which does NOT permit/allow apartment hotel, bed/ breakfast inn, extended-stay facilities, hotels, or motels. DO NOT rezone this area RM-AT!!! Otherwise, I think the future land use map is on point, especially to have a multi-use facility for a senior center, community use. Leave what is presently residential, and RM-1, 2, and 3 IS residential, as residential. 30 We need a nine hole golf course! 31 Would appreciate a bridge tall enough for larger fishing boats to utilize 32 Lower residential density. 33 No, because the map is rife with flaws. Is ~40% of the land use acreage really water? Floodplain?? Private property marked as open space? 34 No, because there are too many flaws in the map, starting with 40% of the acreage is water?? 35 Must have side walks, bike lanes and golf cart paths to access restaurants and shopping! 36 Improve parks, walking, bike paths, golf course or driving range, community pool! 37 I want to see what development will happen at the Waves Resort before I decide if this is the right vision. 38 It is inspiring 39 I love the idea of making more waterfront restaurants and bars! 40 No short term rentals 41 No short term rentals 42 Now that Waves has been shut down, large areas have no plan approved 43 It would be nice to know what the planned developments actually are. 44 Permanently undeveloped land is not right. There will always be a narrow strip of land between the roadway and the dunes that is suitable for development. This strip is narrow and controlled by existing elevations and flood zones and does not need to be bound or enforced. 45 Too much development! Where are the waterfowl going? 46 Would like to see more boat ramps. Make sure boats can use the new water exchange bridge canal. 47 Putting more stuff on the Island will result in more properties at risk, more impact from storms, more evacuation problems, less space for wildlife. It will turn the Island into an overdeveloped monstrosity with enormous downstream costs. 48 If the use of the "Planned Development" acreage is low-medium residential, I strongly agree. As a homeowner, I prefer that the Island remain a homeowner/suburb community rather than primarily a short-term rental/tourist community. 49 Presented Land Use Map project multiplicative increase in localized population density. The area currently does not have available infrastructure (Law Enforcement, Fire/EMS, Utility continuity, roadway capacity to support current population. 50 How much of the 6,ooo plus acres of green space is for parks, trails, fields, walking trails and not just dunes, etc? 51 We need more hotels and condos on the beaches. Padre/Mustang Island 7 #Feedback 52 I like many are very excited to see the waterway be built and have our very own "river walk." I do however hope to see that the "golf course" stay that way or at least become incorporated into the river walk area as a park or natural area. 53 I don't think it is a good idea to have bistro style dinning outdoors next to a noisy 55 mph highway (PR 22 Bridge) 54 The land south of Sea Pines should be preserved as open space. 8 Padre/Mustang Island Vision Themes Through the public engagement process, three vision themes emerged related to residents’ desires for the future of the Island. Please review each of the Vision Themes then answer the following questions. Vision Theme 1 Continue to foster safe, family-friendly neighborhoods that provide needed amenities and services for local residents. Vision theme 1 captures my vision for the Island. Response Count Percent Strongly Agree 50 30% Agree 66 40% Neither Agree nor Disagree 30 18% Disagree 13 8% Strongly Disagree 8 5% Total 167 100% Do you have additional comments regarding Vision Theme 1? #Feedback 1 Speed camera's on the causeway, almost every night you can hear the cars taking off racing across the bridge/causeway 12-3AM it's steady 2 Yes, providing there are no short term rentals west of Park Road 22. This will lead to a much needed tourism build on the east side of 22 where it was designed to be. VRBO is a bad thing for the west of 22. 3 Family friendly neighborhoods should not include the unregulated operation of STR’s that presently exist. The STR renters and particularly the absentee investor/owners have little or no regard for their neighbors rights to the peaceful use of their properties. The renters come to the island to relax and party without any consideration of their disturbance to the peace and tranquility of the neighborhood, the very reasons that we moved to the island. Although courteous and understanding the CCPD officers do not have the City’s backing to do little beyond giving polite warnings and occasional citations in the most grievous cases. Please do something to correct this cancer in our island neighborhood! 4 Traffic, crimes and taxes 5 I think implementing parts of all 3 plans would be great. 6 We do not have a “safe” neighborhood now and amenities are lacking. Difficult to “continue” what is not there. 7 We need to keep residential areas separate from commercial areas. This includes keeping short term rentals out of traditional full time residential areas. 8 Develop a bar shuttle to reduce or prevent impaired driving incidents. As development progresses, the risks increase. Padre/Mustang Island 9 #Feedback 9 No boat or vehicle parking except on platted lot driveways . 10 Developing commercial businesses here on the island is a joke..ask any new business owner! Plus the continued failure of venues like Schlitterbahn seems to be never end up by. Add in the ridiculous land sale price or ridiculous monthly rents for a commercial space then it's a fail/fail. Otherwise we would support vision 2 11 Hike / bike / golf carts paths in all neighborhoods. No short term rentals in single family neighborhoods. 12 It needs to include sidewalks and bike lanes. Also, walking trails would be nice (ahem, the golf course). 13 The island already has plenty of amenities for the neighborhoods. It's time the city increases amenities for tourists and those living in town visiting the island 14 So non-specific that any response can be interpreted to support any future action. 15 Love the community garden and park like feel to the image 16 The island needs more amenities that the residents have to travel over the bridge (OTB) to get so that the travel OTB can be eliminated. 17 There will always be progress and building in a nice community 18 There should not be any more parks unless the city can maintain them. They haven;t been very good about keeping up with what we already have on the island. 19 My Vision is based on the reality that the City which includes Padre and Mustang Island has huge problem of littering that seems to be created primarily by people who are primarily actual residents of the community and not so much caused by visitors. It seems that far too many locals literally trash the community and fail to properly maintain their homes and neighborhoods because it seems to be not a part of their value systems and probably never will be. So while the visions of the plan are very beautiful and noble and, if realized and built, will only other opportunities for people to trash and allow to fall into decay. 20 The Island is where you come to raise your family and retire. The Island should not be turned into a destination party place or the high rises of South Padre. The family parks are a wonderful asset, but city does not take care of what they have now, especially on the Island. We the members had to take over Billish Park. Douden Park pictured here, the city has neglected. 21 This is the current island image and its ok. It would be nice to see our community parks/ facilities get improved. A community pool would be a great option (see Port A's community pool) actual sport fields, skate parks, etc. (again see Port A's or Portland's community facilities). So many of our island parks are just empty wide open spaces with a bunch of sticker burs that make the space unusable. Make them functional where the younger families with younger kids, who are moving to the island, can enjoy them. 22 I feel it's very important to support the permanent residents of the island and create a safe and desirable environment for families. 23 Add bike paths! 24 None 25 Emphasis on LOCAL residents. Don't go plunking lodging for visitors in and around the currently residential areas. 26 Walking paths and landscaping/irrigation of parks are very important 10 Padre/Mustang Island #Feedback 27 I'd like to see a plan of how the amenities and services are going to be available to all groups without exclusivity or prohibitively expensive. I would also like to see a plan for security. 28 Short term rentals of single family homes in neighborhoods ruin your vision. As multiple people chip in for the rent. Have annoying loud parties with drug and alcohol use. Enforce the law. Long term rentals where renters are credit checked and background checked are better. Reduce crime and make homeowners happy. 29 No short term rentals for single family homes or multi 30 No short term rentals 31 This type of development brings in business as well as short term rentals and other big party draws 32 My son age 11 visits Billish Park on a regular basis with his classmates. I feel it is a safe environment and encourages outdoor physical and social activity. I am not concerned about his safety when he is there with friends. I would agree that more features could be added to the park, more basketball courts, etc. 33 Still the same thing. What about a splash pad or sport fields, community center, tennis court and a golf course 34 Amenities are strongly needed on the island. Specifically, shade improvements to playgrounds and sidewalks for families and kids to navigate the island. 35 I recommend a shade sun sail over the playground. I noticed them over many San Antonio public playgrounds and school playgrounds. 36 Placing more families homes and properties in harms way so that developers can make money is not in the public interest. 37 You are representing single family residencies low population density aka Coco de Bara which does address proposed high density residences. Note: Even currently it is not maintained or upgraded by the City. What about Utility capacity, schools, frequent/recurrent power interruption? 38 We went on vacation to Cape Canaveral and Cocoa Beach. They had lots of pathway lights that had a solar panel on top and were very nice. They also had on pathways shrubs and bushes scattered making it more relaxing. 39 Yes More walking areas especially park like are needed. Thank you 40 Most families are unable to afford on-island living. Padre/Mustang Island 11 Vision Theme 2 Encourage tourism and the development of local commercial businesses to build a strong economic environment and sufficiently support the year-round residential community. Vision theme 2 captures my vision for the Island. Response Count Percent Strongly Agree 59 35% Agree 50 30% Neither Agree nor Disagree 24 14% Disagree 17 10% Strongly Disagree 17 10% Total 167 100% Do you have additional comments regarding Vision Theme 2? #Feedback 1 I think implementing parts of all 3 plans would be great. 2 OK with tourism development as long as it is responsible. Encouraging visitors to “coastal distance” during a pandemic was irresponsible and ridiculous. 3 I believe this will be huge for the island. 4 Will never happen. 5 Added police presence. Local neighborhood police precincts. If you are going to grow, crime is also a factor. 6 The Island is a bit boring and needs some updating. 7 Do not encourage tourism. Let Port Aransas have the tourists. Many residents chose North Padre Island because it is NOT a crowded tourist destination. 8 So non-specific that any response can be interpreted to support any future action. 9 Things like local restaurants would be great. 10 Creating a River Walk style development along the new canal route with the bridge could be a HUGE game-changer. 11 I don’t think tourism needs to be encouraged, time to slow down a little! 12 More restaurants and shops that can be accessed by both boats and cars 13 Comment is the same as I wrote for Vision Theme 1. 14 Expanded tourism brings expanded crime. Even Port A and South Padre experience down turns in off season. Even the Riverwalk in San Antonio experiences a reduction in business in the off season. Something like what this photo reflects would not sustain on the Island 15 Yes, we need more stuff for people to do while they are here visiting. Outside of the beach we don't have much for people to do. We need to improve that if we want people to stay longer and come back and enjoy themselves again. 12 Padre/Mustang Island #Feedback 16 I also agree with the encouragement of economic development to drive the success of the island as a whole. It needs to be in the designated areas and leave the neighborhoods already established for families and year round residents. Exception for existing condos and duplexes west of 22. 17 Boring. Also, the wind blows pretty hard so the design of the terraces need to be rethought. 18 None 19 The area surrounding the new PR22 bridge will not look at all like the consultant-developed rendering provided in this presentation. 20 I'm a bit concerned about "sufficiently support the year-round residential community..." Sufficient implies just barely enough, barely adequate. The island residents have been generating property taxes used mostly in town for far too long and not enough coming back to the island for the benefit of RESIDENTS--people who actually live here full time and there is a fairly substantial number. 21 Shade is very important 22 The lack of adequate parking for this type of development will forever plaque its success. 23 Visually beautiful and exciting shops and restaurants along canals, gondolas rides to add to entertainment and fun! Golf course or driving range! Fun for residents and tourists alike! 24 Allow short term rentals to support these visions 25 No short term rentals 26 See my comments from above. Family friendly will be able to give these types of places just as well 27 Padre Island cannot develop Vision theme 2 fast enough. As a longtime island resident...I feel we are truly "missing the boat" until something like or similar to Theme 2 is developed. 28 Smart growth 29 The shade structures will make this outdoor eating experience tolerable in the south texas summer heat. 30 We do not deal with business on the Island in a sustainable manner now. I have no faith that the city council will do so in the future. 31 We do not have year-round population density to support said enterprises. Note: Financial bankruptcy of Schlitterbaun, numerous restaurants, demise of Padre Bali Park, and Packery channel degradation. 32 Signage need to be uniform and not tall signs for businesses lowering signs feels alot more pleasing to the eye 33 Yes, up scaling our tourist attraction and having a relaxing place for the locals would be amazing. 34 It's pretty much already oriented to support commercial interests. Padre/Mustang Island 13 Vision Theme 3 Capitalize on existing environmental features as assets for the community and ensure the preservation of these areas as the Island continues to develop. Vision theme 2 captures my vision for the Island. Response Count Percent Strongly Agree 68 41% Agree 57 34% Neither Agree nor Disagree 27 16% Disagree 7 4% Strongly Disagree 7 4% Total 166 100% Do you have additional comments regarding Vision Theme 3? #Feedback 1 As long as there are no plans to curve driving on the beach or try and put in a boardwalk of any kind other than the walls that are already there. 2 I think implementing parts of all 3 plans would be great. 3 The beach and canals are huge assets that should be protected and preserved. 4 We need more protection from overdevelopment of our natural spaces. 5 Where are the big trucks that endanger lives on the beach? 6 These are not mutually exclusive. Tourists want a family friendly destination where the environment is respected. 7 Texas paddling trail please. 8 So non-specific that any response can be interpreted to support any future action. 9 The natural areas are what make this area so special! 100% need to keep it beautiful and natural. 10 The island needs to be developed, but we also need to maintain the natural beauty of the beaches and dunes. 11 This is the most important aspect of the island. If we don’t preserve these natural areas, we ruin what the island should be all about...connecting with nature. 12 There is plenty of opportunity to preserve the beaches yet still expand residential and commercial. Second access point to the island further south would make utilizing this land much more realistic. 13 Provide more monitoring and research be we become over crowed 14 Comment is the same as I wrote for Vision Theme 1. 15 It is important that the natural habitat of the Island remains in tact. Our wildlife depends on them. Those dunes protect us during hurricane season. 14 Padre/Mustang Island #Feedback 16 To be able to fully support this vision of a beachfront community I would have to see more of the infrastructure from Vision #2 to be built. 17 Beaches and wetlands must be preserved within any of the themes. This is the "why" people want to be here in the first place. We have a unique environment on our island and we must make sure there is protection as well as public access for generations to come. There HAS to be a blend of the three themes. One single theme will not be beneficial in the long term. 18 None 19 Vision 3 is amusing, knowing the city and county just turn a blind eye to the beaches packed six deep with cars, with tourists backed in to and driving through the dunes. Does either agency have a current beach management plan? No. 20 I believe vision three (protecting portions of the land and waterways) can coexist with vision two with careful and visionary planning. 21 The abundance of undeveloped natural environment makes N padre island unique. Limit high density development. 22 We do need a strong emphasis on the balance of progression and preservation. 23 No short term rentals 24 Nothing wrong with keeping areas natural 25 Preference is to keep the island as undeveloped as possible. People come here to get enjoy the undeveloped land. 26 Smart growth 27 Access to fishing is essential 28 It is the only responsible thing to do. 29 Wishful thinking....The quality of life and serenity degraded significantly over the last decade. Simple things like Bob Hall Pier and Padre Bali Park are closed/or degraded; Schlitterbauh has closed as a result of abberant financial projections and delusional tax incentives. 30 We need to keep dunes it is a barrier for storms and flooding. Learn from other cities like Kill Devil hills NC and NJ and alot of their costs to do beach nourishment. 31 Let's not go overboard on preservation of environment. We need to develop for the enjoyment of all 32 Take care and nurture what you already have. 33 I think visions 1, 2, and 3 can all happen in tandem. They are all good visions and not mutually exclusive. Padre/Mustang Island 15 Policy Initiatives To implement the community’s vision, the plan includes six 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 Improve traffic flow, Island ingress and egress, safety, and roadway quality. Rate Policy Initiative 1 by level of importance. Response Count Percent Very Important 82 60% Important 39 29% Somewhat Important 11 8% Not Important 4 3% Total 136 100% Are any action items missing from Policy Initiative 1? #Feedback 1 Speed cameras on the causeway please so many people drag race across it late in the evening early in the morning. 2 Traffic flow during summer months on the bridge is terrible. A 2nd bridge on the Southside would improve flow and if something happens that prevents crossing then we aren't stuck here. 3 Street cleaning with a street cleaning truck is vital to the appearance of the roads as they prevent trash and debris from collecting on along the side curb. It is undesirable to bike and walk the existing bike paths due to poor maintenance. Recommend a street sweeping crew that occurs on a regular schedule. 4 Padre Island has a single chock point on/off the community with the only second option connecting to the city being a ferry up in Port A. For large continuous growth and the safety and conveniences of residence, I strongly suggest the consideration of a second low capacity bridge connecting Whitecap Blvd to Yorktown Blvd. 5 Gotta have better traffic management, especially on holidays. We never addressed the traffic flow that Schlitterbauhn would have produced if competent people had owned it. It’s time to think more than 5 minutes into the future. 6 Street lights 7 Sidewalks. I am concerned that street lighting would interfere with dark skies. 8 Street maintenance is severely lacking. Too many streets in disrepair from City neglect. 9 Getting rid of all the short term rentals in neighborhoods where people party all day and night and destroy our properties. 10 Divert Port Aransas traffic off North Padre Island with a flyover from SPID to 361. 11 Bike lanes and appropriate walking trails. 16 Padre/Mustang Island #Feedback 12 Policy initiative 1 cannot be found on website when clicking link above 13 I can’t see the link. Bad connection. 14 Most critical to long term success. Island cannot grow without better access as existing highway is already overburdened 15 Residents would enjoy / be attracted to a more golf cart-friendly island. 16 We are currently having numerous auto break-ins and various types of thief, This needs to be gotten under control first, before anything else! 17 The island needs to be more user friendly, including people traveling by foot, bike, golf cart, etc. 18 Also improving traffic flow for pedestrians, golf carts, UTVs/ATVs. We have a high number of these vehicles and pedestrians and need to ensure safe roadways for them (crossover/ walkways, bike paths, etc) along major corridors, not just arterial and residential streets. 19 I saw no bike paths in the vision themes! There absolutely needs to be bike paths that are spacious, safe and have clear separation from roads and sidewalks. Please see this document about separated bike lane that was prepared for the Federal Highway Administration: https:// nacto.org/wp-content/uploads/2016/05/2-4_FHWA-Separated-Bike-Lane-Guide-ch-5_2014. pdf 20 None 21 The plan has to take into account access to the Lake Padre development on the east side of Park Road 22 and the development around the canal on the west side of Park Road 22. Two Park Road 22 entrances and one Highway 361 entrance are under consideration for the Lake Padre development. 22 Get off the second causeway idea. Seriously. Focus on a flyover from the bluff to 361. THAT is where you have major traffic problems. We've already paid for traffic studies that show >30% of the traffic over the bridge is for a left turn to port a. 23 It will be great to continue the bike and pedestrian crosswalk from Leeward to St. Augustine Dr and have a pedestrian entrance in the parking lot/beach access. Currently you enter by the car entrance. Have a pedestrian access to the beach through the parking lot 24 Safe bike and walking paths to access shops and restaurants. Promoting physical wellness 25 No 26 To deal with traffic growth and shop parking increases, consider building streets with sidewalks and additional parking behind commercial restaurants and shops and off of the main roadway. 27 Roads on the island are better maintained than roads in my neighborhood. Expansion is a mistake if we cannot maintain what we have. 28 Security (LEO) , parking, transportation capacity, emergency services, active/dedicated City maintenance and protracted upgrades vs irrational taxation. 29 Some are not acceptable. Remove all speed humps. 30 This topic is extremely important. All the businesses are located adjacent to 55 mph traffic on PR22. The ones with the access roads are ok, but those without are dangerous to access. Golf cart path connectivity for the entire island is critical. Even somehow getting golf carts from the residential areas to under the bridge to access Marker 37, Snoopy's and Docs safely. Padre/Mustang Island 17 Are there action items in Policy Initiative 1 that are most important to pursue? #Feedback 1 Regulating incoming traffic from the west of the causeway. 2 Shirt term rental. 3 Walking and biking paths are most important to me. 4 Traffic flow and monitoring. 5 No value to add. 6 Road repair 7 The bridge and causeway maintenance and health are the most important items. 8 Second route on and off the island, and renaming beach access roads to match mile markers. 9 Second causeway on south end. 10 Link wouldn't open. 11 I can’t see the link. 12 Improving traffic flow is a MAJOR need. 13 Bypass development to Port A. 14 More police on island, security for everyone. Have builders of new areas provide the money for a private police force if needed! 15 Road quality is number 1. Island streets are horrible. Change stop sign direction/placement on the streets by Third Coast and Sonic. You have to stop to cross the frontage road that is very dangerous. It should be the other way around. 16 Just overall functionality and flow of the island 17 Roadway quality, ingress and egress. 18 We need more than 1 way to get on/off the island. The freeze showed us how vulnerable we are and how stranded/cut off from the city proper we can get. 19 Bike paths. 20 Non 21 Traffic flow and ingress/egress. Without a solution to these issues, the others are irrelevant. 22 1. A fly over from Flour Bluff to 361. 2. Stop pushing bike lanes on the island. NO ONE rides a bike here, especially in the hot summer. FIND a workable solution for golf carts. 23 Hurricane evacuation 24 1.4 25 Keep the Island family focused 26 Roadway quality and implementation of consistent street sweeping 27 Creating more parking for Park Rd. 22 restaurants. 28 The use of the only golf carts. Not other sports vehicles that go too fast and they use in the sand dunes 29 You need to consider adding a few public parking lots since folks on the weekends, folks are already beginning to park in the bar ditches along the main roadway. 30 Sidewalks sidewalks sidewalks. 18 Padre/Mustang Island #Feedback 31 Increase ingress and egress roads to permit tourism development and to allow increased traffic 32 Safety and road quality Padre/Mustang Island 19 Policy Initiative 2 Enhance park and recreation facilities to provide various activities and entertainment for all ages. Rate Policy Initiative 2 by level of importance. Response Count Percent Very Important 60 44% Important 42 31% Somewhat Important 26 19% Not Important 9 7% Total 137 100% Are any action items missing from Policy Initiative 2? #Feedback 1 We will need more law enforcement. Tourist like to use boat ramps for over night stay and fishing gathering. 2 Fully develop and repair the south side of the Packery Channel. Refurbish or replace the storm surge flood gate to Lake Padre to prevent reoccurring damage to boating and fishing amenities of the property owners. This is the responsibility of the Parks Department. 3 Community entertainment center/sport complex 4 Texas Paddle trail. Shade structures for playgrounds. Hike / bike / golf cart paths. 5 More community gardens are needed. The demand far outpaces the supply. 6 Bad link. But I think parks and recreation would be a great addition to the island! Maybe affordable surfboard, paddle board, sailboat, windsurfing rentals? 7 City needs to start taking care of existing parks on the island that are currently neglected. 8 We have the gulf. 9 Dont add anything unless the city is committed to keeping up the maintenance including mowing and repairs. 10 How the city plans of maintaining the beauty of the parks. The city constantly turns their back on the Island. 11 I believe the items mentioned in Policy Initiative 2 would be nice improvements on the current facilities but would like to see soccer, fields, baseball fields and ideally a pool added as well. 12 Running paths like those at Billish would be good to have in other parks/free space. Also maintaining these areas is important. Douden Park was not maintained and it became a part of a new Bond Package to repair/replace it. 13 I see activities for children and adults. What about teenagers? 14 None 15 The parks on the island are pitiful at best. To think the city would improve any park other than the ocean drive area is amusing. 16 We are very happy with existing parks 20 Padre/Mustang Island #Feedback 17 Tennis courts, community pool with swim team, golf course and driving range! More to do in area 18 Family focused will bring shops, restaurants, etc 19 Not sure if missing or included: There is tremendous need for trash control and sand/beach clean up of the North Padre Island beach on a regular basis. I will not promote our island beaches to my friends or relatives due to the trash issue. I encourage them to visit Port Aransas beaches for that reason. 20 Expand to new amenities, golf, tennis, community center 21 I sure wish you’d prioritize Ullberg Park as it is a regular destination for tourists coming to the Island to see the two Kent Ullberg sculptures on display. Also, there was no consideration of a community pool, one that could offer swimming lessons to residents and visitors. Please consider this. 22 Community pool. 23 You already demonstrated your lack of diligence regarding enhancement and maintenance of dedicated recreational sites. You have the beach. That is the reason people come to the Island 24 Enhance and continue upkeep or it will be for not 25 Beach, Sea and canals are the main focus 26 Absolutely Family friendly. North padre has always been called the family friendly beach vacation vs Port Aransas that tends to become more young adult college attraction. It is perfectly fine by me but I know growing in DFW that is how they were described and that is what we have seen since moving here 3 years ago. 27 Connectivity. The Island has barely any sidewalks. Plenty of residents and visitors would like to get around by walking, running, bicycling, or other self-powered methods, and right now they are basically taking their lives in their hands in doing so. Please consider integrating sidewalks in smaller streets, plus a wider pedestrian and bicycle path all along SPID and 361. Padre/Mustang Island 21 Are there action items in Policy Initiative 2 that are most important to pursue? #Feedback 1 Improving the existing parks. Interesting that the great playground equipment shown at Billish Park was paid for by fund raising efforts of local moms not the city. 2 Recreation facilities 3 No value to add. 4 2.3.2 We should charge more for parking on the beach. 5 Texas Paddle trail. Shade structures for playgrounds. Hike / bike / golf cart paths. 6 Community gardens. Walking trails (in nature) and sidewalks and bike lanes. 7 Bad link. Definitely the parks. I like parks. 8 Walking /Bike/ Golf Cart trails to connect island. 9 More law enforcement before more building!, 10 Maintenance and repairs should be done regularly 11 1. Maintaining those parks to where residents will use the parks. 12 I have a hard time seeing the Packery Channel Recreation facilities as a big draw to tourism. I work in hospitality and have had over 40,000 stays over the last 8 years and not one of them has said "Eww I can't wait to go hand out at the Packery Channel Recreation area" however I know I've heard a lot of people say they're looking forward to fishing at Bob Hall Pier and going to the beach. 13 The community definitely needs sticker free parks for our kids and adults. A community pool and golf would be great 14 None 15 Packery (and build it right this time). 16 I was very glad to see the item about a community center either city or partnering with the county. We shouldn't have to go into town to have access to this given the residential population on the island. 17 2.1 18 Family friendly restaurants 19 2.3.2 and 2.1.1. is most important to me. 20 Ullberg Park. 21 Shade on playgrounds, splash pad 22 People that want to spend time on the island already can. There is no need to take taxpayer's money and use it to enhance developer's wallets. 23 Increase and maintain Gulf and Laguna Madres access. 24 Pedestrian and bicycle connectivity. 22 Padre/Mustang Island Policy Initiative 3 Expand tourism on the Island by increasing marketing efforts and providing a variety of events and attractions. Rate Policy Initiative 3 by level of importance. Response Count Percent Very Important 40 30% Important 38 29% Somewhat Important 28 21% Not Important 27 20% Total 133 100% Are any action items from Policy Initiative 3 missing? #Feedback 1 Already far too crowded on weekends. 2 Restrict STR’s in the residential neighborhoods of NPI. 3 Tourism does not benefit Island residents. 4 3.1 should be missing. Islands are not cookie cutter! Who cares if our signs match. 5 Encourage development of a meeting/banquet facility as part of commercial development. 6 Do NOT increase tourism. I will vote against any elected leader who uses my tax money for tourism. 7 Events often draw a disruptive crowd. I'd target it to engaging businesses for retreats. 8 Events and attractions would be awesome! Maybe a beach concert venue? 9 The island creates tourism 10 No taxes on island residents for any new buildings. The buildings for expansion of city events should be self funding. For example, the group using the funds has to pay to use the facility i.e. RENTAL INCOME. We don't need another American Bank Center on the island. 11 We do need better marketing for the island. People come here to go to the beach, we need to use our best resource to our advantage. I believe the uniform signage would be a nice look for the island but as far as events go we need to put on "Good" events. As part of my job I track cell phone numbers coming into the area and it kills me when people say events like Barefoot Mardi Gras is bringing in tourism. Our data shows that just isn't true. We need to put together events that people want to travel here to enjoy. 12 None 13 Festivals?? No, because the last thing this island needs is a dang carnival. 14 Create a mini Venice with canals, wonderful water front restaurants, shops, Beautiful landscaping with twinkling lights at night! 15 Ok but eliminate short term rentals in single family residential neighborhoods. 16 None Padre/Mustang Island 23 #Feedback 17 Tourism is great but we need to consider beach restrooms as well as public parking at restaurants and shops. If our little parking lots are full, tourists won’t stop or they will park in undeveloped / protected areas where we don’t want them to. 18 Do we really want more reasons to have drunk tourists? 19 This is not important to the residents, only to the those investors salivating for commercial development. 20 More high end hotels and tourist attractions 24 Padre/Mustang Island Are there action items in Policy Initiative 3 that are most important to pursue? #Feedback 1 Do not strongly any more tourism until the infrastructure, lodging, and police presence is in place. 2 Tourism marketing 3 Clean up the filth left behind on the beaches by tourists. Start using beach cleaning machines north of Bob Hall. 4 3.7 I don't understand why the city does not advertise the Island. It is a glaring omission from all their news releases and tourist brochures. 5 Do NOT increase tourism. I will vote against any elected leader who uses my tax money for tourism. 6 Not making the island trashy. 7 Increasing tourism is needed and creating a big draw for the city! 8 NO TAX INCREASE 9 I believe items 3.6, 3.7, and 3.8 are most important to pursue. 10 Tourism will drive the economy of the island for everyone. A concert venue would be great, along with other attractions like water sports (rentals), etc. The short term rental housing for said visitors needs to NOT be in the neighborhood west of 22. The community needs a meeting center since Waves is being torn down 11 This is important to increase revenue and support all of these projects. I think drawing business that residents of Corpus Christi and tourists can enjoy is incredibly important. Visitors have seasons, we residents would support these businesses year round if the fit our need and ideals. 12 Beware of additional traffic issues, parking etc 13 Another Schlitterban with more Type A funding (because it worked so well the first time) 14 Beautiful and carefully plan area 15 Keep some areas open from development and keep it natural 16 3.8 as I reside on Cane Harbor Blvd. on Lake Padre 3.1, 3.2, 3.4 17 Several restrict projected commercial/high density residential development. It will be the absolute demise of this unique location. 18 Providing events such as a jurorred art festival like the one on the board walk in Virginia beach. Free concerts that people can go to to relax and listen to music they have that as well in VB, VA. 19 Bicycle and pedestrian connectivity Padre/Mustang Island 25 Policy Initiative 4 Protect and monitor natural resources and assets critical to the health of the barrier island and regional ecosystem. Rate Policy Initiative 4 by level of importance. Response Count Percent Very Important 88 66% Important 33 25% Somewhat Important 10 7% Not Important 3 2% Total 134 100% Are any action items missing from Policy Initiative 4? #Feedback 1 Can't be done if City continues to promote tourist traffic. 2 We need to coordinated with PINS to make sure they do as many public hatchling releases as possible. It is important for the environment AND tourism. 3 Preserve the wetlands behind the Aquarius extension. They are the winter home to tens of thousands of migratory waterfowl. 4 Make the beach crews follow the permits and not groom the beaches in such a way as to harm our turtle nesting. (They absolutely do violate their permits every day of nesting season) 5 The health of the barrier island, its ecosystems and resources should always come first. 6 Perhaps I missed it but just generally educating the public on how important it is to protect and nurture our local resources/environment. 7 We are an extremely fragile environmental area, care needs to be taken. 8 "Encourage" the protection is weak. DEMAND the protection of the environment, starting with beach management plans that remain current (read not expired), dune protection, etc. 9 Stop allowing driving on all beaches. Create parking lots, charge fees on some to control crowds and protect beaches! 10 None 11 We shall see... 12 The is a buffer during a hurricane 13 Remember to keep a balance between costs and benefits. Environment protection should not be excessively costly, complicated and an obstacle to tourism development. 14 In 4.13 (or wherever most appropriate), could sea turtles be included in the mentioned of species being protected? 26 Padre/Mustang Island Are there action items in Policy Initiative 4 that are most important to pursue? #Feedback 1 Keep the wildlife safe. 2 Protect what we naturally have 3 The dunes and wetlands protect us. We must protect them. 4 Encourage development to include natural areas. The old golf course did that. With the building and soon to be completed demolition of The water park, much natural habitat was lost and should be reinstated 5 Preserve the wetlands behind the Aquarius extension. They are the winter home to tens of thousands of migratory waterfowl. 6 Expanding the turtle programs out of the National Park? It's a huge tourism draw and the (expletive) supervisor is slashing Dr. Shaffer's funding and damaging preservation efforts. 7 Can’t see the link. 8 Protect the natural as much as possible while also fostering development. 9 For the most part these are all priorities that should be accounted for when developing the island. 10 Protection of and ACCESS TO our natural assets such as the beach is critical. Without that, no one wants to be here. 11 As a water property owner this is highly important to me. Flooding is a major concern and the erosion from storms in the past few years have put us at risk for more severe flooding if a storm occurs in the near future. It is important to preserve the natural beauty of the island, which is why so many choose to life here and vacation here (and fish here). 12 No 13 Keep people out of the dunes! The city and county turn a blind eye to it all. 14 More rules on driving cars on beaches, make it safe and family friendly 15 No Padre/Mustang Island 27 Policy Initiative 5 Accommodate safe, efficient movement of pedestrians, bikes, and golf carts throughout the Island. Rate Policy Initiative 5 by level of importance. Response Count Percent Very Important 80 58% Important 37 27% Somewhat Important 17 12% Not Important 4 3% Total 138 100% Are any action items from Policy Initiative 5 missing? #Feedback 1 Speed cameras on the causeway too many people racing along them. 2 Do not allow ATV's, of any kind. golf carts only or jeeps and automobiles. Sport vehicles like ATV are far to fast and dangerous. 3 Separate bike paths from roadways. A line painted on Whitecap offers no protection to bikes. 4 Reduce traffic on all residential streets west of SP22 to 20mph except on Commodores, Aquarius, Whitecap, Gypsy which should be 30. 5 Texas Paddle trails please. 6 Natural walking trails. 7 We need bike lanes!! A bike/ walking path going all along the island would be a HUGE draw. Even a bike path to get from corpus to the island would be a huge draw for people. 8 Aside from Overburdened highway, I believe this should be a top priority 9 A safe and friendly environment is what the island was founded on. Let’s protect what we have! 10 I saw no bike paths in the vision themes! There absolutely needs to be bike paths that are spacious, safe and have clear separation from roads and sidewalks. Please see this document about separated bike lane that was prepared for the Federal Highway Administration: https:// nacto.org/wp-content/uploads/2016/05/2-4_FHWA-Separated-Bike-Lane-Guide-ch-5_2014. pdf 11 Non 12 An understanding that bike lanes would be a waste of money, especially to/from the bluff. 13 Need side walls and bike paths. Create environment that no car is needed to access shopping 14 No ... I love this ... it will boost tourism 15 No 16 Only golf carts. Not the bigger faster vehicles that are up in the dunes and speeding down the street 17 Please see my comment to initiative 1 regarding access. 28 Padre/Mustang Island #Feedback 18 I said it above, but sidewalks. Walking with young children on bikes is scary on main roads(Encantada, Gypsy) 19 Actual bike lanes would be nice. There is essentially no reasonable access to the island for bicycles. 20 What road system will you utilize. It is currently at maximum capacity without appropriate safety or control by law enforcement. Try getting on or off the Island during a weekend/ holiday emergency 21 What about cars? Golf carts and Cars are the main transport used by 99% of the people. We need to keep the Island and the Beaches Car and Golf Cart friendly. Padre/Mustang Island 29 Are there action items in Policy Initiative 5 that are most important to pursue? #Feedback 1 Pedestrian paths 2 There should be more walk thru paths from Windward Drive to the seawall. 3 Sidewalks! They build community. 4 Need more bike paths, and especially a bike path to the national seashore. 5 Texas Paddle trails please. 6 We need to connect both sides of pr 22 to golf carts. 7 Bike paths!! I’ve seen many people almost get hit. It’s a huge problem here, and all other beach places (even port a) are more bike friendly. 8 The island is a relaxed place, so allowing for moving around through walking or riding a bike or driving a golf cart instead of driving you car is very needed. 9 We honestly need multiple lanes due to the high number of pedestrians, bikes and golf carts. Some atv/utvs go 35 miles an hour, golf carts move at close to 20, bicyclists at 7-15mph and then pedestrians or small children on bikes far less than that. It is currently difficult to navigate all in ONE lane. Also some simple directional markings would assist in the correct flow of traffic. People on bikes drive on the wrong side of the road constantly. 10 No 11 A bike/walking path would promote safety, tourism (local and nonlocal), community esp for residence, and support our environment by allowing the opportunity to choose bikes > cars/ golf carts to make a trip to neighbors homes/beach/bay etc. 12 Rules concerning young children riding without proper child seats and seatbelts must be addressed and enforced. 13 Gypsy desperately needs a sidewalk. It is a busy road, enough to install speed bumps, and should therefore have a safe walking space for pedestrians as they make their way to Billish Park. 14 np 15 Bike lanes and implementation of safe cycling routes 16 Safe bicycle paths that provide a barrier from the road. I do not feel safe for myself or our children with "painted only" bike paths. Designated golf cart paths. I think it is unsafe for golf carts to drive amongst vehicles. 17 Gulf cart access is for the advantage of Hotels. Make them pay for it. There has been NO STREET MAINTENANCE in my neighborhood since 1996. 18 Bike trails for people year round to utilize for visitors and community. 19 Safe bicycle/pedestrian connections to Port Aransas, PINS, and Flour Bluff 30 Padre/Mustang Island Policy Initiative 6 Support and encourage compatible and context-sensitive development that provides a mix of land uses and respects the environment. Rate Policy Initiative 6 by level of importance. Response Count Percent Very Important 56 42% Important 47 35% Somewhat Important 22 16% Not Important 9 7% Total 134 100% Are any action items from Policy Initiative 6 missing? #Feedback 1 We need more restrictions and oversight on developers. They care about profit, not the environment or sustainability. 2 No new multi-family west of 22 3 We can bury all of our cables, but if OTB, where our power comes from, is vulnerable, our power is at risk. 4 Preserve the wetlands behind the Aquarius extension. They are the winter home to tens of thousands of migratory waterfowl. 5 Maybe some museums or a science/nature center. These could bring in people in the winter months. 6 Non 7 Area needs careful planning. Create beautification of the area. Cute shopping centers and restaurants that add charm to the area. More things for residents and tourists to do. Top golf? County club resort with pool, tennis, golf 8 None 9 These are code words for development couched in environmentally friendly language. Shame on you. You are supposed to serve the public, not big business. 10 Empty verbiage without credibility. The City has not done so to date. 11 Keep costs and burden of rules and regulations in check. Padre/Mustang Island 31 Are there action items in Policy Initiative 6 that are most important to pursue? #Feedback 1 Restrict and eliminate the STR’s in the residential neighborhoods of NPI. 2 Encourage development of more boutique, locally owned businesses. 3 Preserve the wetlands behind the Aquarius extension. They are the winter home to tens of thousands of migratory waterfowl. 4 Cannot see the link. 5 Absolutely respect the environment. 6 The POA needs to enforce trailers being left out on streets, especially where there are condos. Many of the trailers block the flow of traffic. Also, homes that are in poor disrepair should be fined or torn down. You can have a $600,000 home and right across the street is a dilapidated structure that is falling apart. There needs to be consistency in upkeep and there should be negative consequences for owners who don’t keep up their property. 7 This is the only sensible way forward for the success of our island. 8 No 9 6.5, 6.6, 6.7, 6.10 10 You will destroy the Island ecological and residential premise. 32 Padre/Mustang Island General Do you have additional comments about the Policy Initiatives and Action Items? #Feedback 1 Allow short term rentals for all property owners. This will generate tax dollars for the city from tourist visiting the area. STRs are not going away as it is an industry only at the infancy of its existence and potential- likely to disrupt the hotel industry in the years to come. Allow property owners the freedom to use their property how they wish (with regulations set in place). This will allow property owners to get a head start on this new industry by investing/ improving properties and establishing Corpus Christi and North Padre island as one of the highest rated locations in the nation for STRs. This is an opportunity that should be seriously considered by city council and leadership. 2 Every development on the island is shrouded in secrecy often developers claim they sent out public notices for public comment yet NO ONE receives any of this 3 Why is 6.8 on there? Why can't the city provide this monthly? Also we need small dumpsters with lids on the beach, not those overflowing trash cans that allow all the trash to blow out. Thank you 4 Make it happen! 5 Keep short term rentals out of single family residential neighborhoods. 6 Save our "In-Neighborhood" green spaces! 7 Driving range!!! 8 None of the links work. 9 New canals and Lake Padre need mixed use to allow for tourists to shop/eat by boat/golf cart 10 Just that those are some lofty goals but I would love to see them all workout. 11 None 12 I'm still looking for a realistic policy/action plan. 13 It is VERY important to have a diesel/gas station to supply boats on the East side of the Island. Ideally on the boat ramp Packery Channel. This is very important and not let to a private owner, maybe City can grant a concession but some how have control to ensure a public service 14 This area needs careful planning. It has so much potential but needs to be looked at a self supported community, for family, residents and tourists. A destination that’s how it will add to the future growth of the area. Property values and more business will flood on creating more revenue for the city. 15 They are all brilliant and reflect forward thinking 16 Again, think about adding in a public parking lot or two with sidewalks so we don’t have to walk in the street or park in a bar ditch off of the main road. And to keep the main road safer, public access / parking also can be on the backside of the commercial building. Last, if this is to be pedestrian friendly, we need sidewalks and bike lanes. 17 I am not in favor of financing developers pocket books. 18 Empty verbiage absolutely without credibility. The City has not done so for decades 19 A lot of good things, but can be completely misused by overzealous government and green activists. 20 No more housing please! Padre/Mustang Island 33 Public Investment Initiatives Public investment projects support the implementation of the Island 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 1st 2nd 3rd 4th 5th Total Percent S9 Island Mobility Plan for Pedestrian, Bicycle, Golf Cart, and Other Alternative Transportation 14 13 7 6 9 49 11% P6 Packery Channel Hurricane Harvey Repairs 15 10 7 9 7 48 10% P5 Packery Channel Dredging & Beach Nourishment 10 15 10 6 5 46 10% P4 Billish Park Park Amenity Improvements & Covered Basketball Court 4 10 6 6 8 34 7% P1 North Padre Island Beach Facility 9 5 6 2 5 27 6% P8 Dune and Beach Monitoring 5 3 5 6 4 23 5% U3 Whitecap Wastewater Treatment Plant Improvements 4 5 3 6 5 23 5% U4 Whitecap Wastewater Treatment Plant, Odor Control, Bulkhead Improvements 6 4 7 2 4 23 5% S1 Park Road 22 Bridge 7 1 3 7 2 20 4% S2 JFK Causeway Access Road Improvements (Bond 2018)1 2 7 5 4 19 4% S10 Pedestrian and Bike Safety Improvements (North Padre Sea Wall Area) 2 6 5 3 1 17 4% P9 Riley P. Dog Park (Civic Organization)4 4 4 0 3 15 3% U7 Stormwater Master Plan Development 5 1 3 3 3 15 3% 34 Padre/Mustang Island #Project Name 1st 2nd 3rd 4th 5th Total Percent P3 Aquarius Park Improvements 0 1 3 5 4 13 3% P7 Packery Channel Monitoring 0 2 5 4 1 12 3% S6 Encantada Traffic Safety Improvement Project 4 1 4 0 2 11 2% U5 Park Road 22 Lift Station 0 0 1 4 4 9 2% P2 Douden Park Improvements 3 1 1 2 0 7 2% S11 Sea Pines Dr. Rehabilitation 2 1 1 0 3 7 2% U1 Packery Channel Water Line 0 1 1 2 1 5 1% U6 Aquarius Lift Station Repairs 0 0 1 3 1 5 1% S5 PR22 South Access Road Improvements 0 1 1 2 1 5 1% S8 Beach Access Road 2A Construction 0 0 0 3 2 5 1% S7 Beach Access Road 2A Design (Bond 2020)0 0 0 0 4 4 1% S3 Jackfish Ave. Improvements 0 1 0 2 0 3 1% S15 Aquarius St. Rehabilitation (Topsail to Whitecap Blvd. )1 0 0 1 1 3 1% S24 Years 3-5 IMP 1 0 0 1 1 3 1% U2 Sand Dollar Pump Station 0 0 1 0 0 1 0% S4 PR22 Median Improvements (Compass St.)0 0 0 1 0 1 0% S14 Aquarius St. Rehabilitation (Commodores to Das Marinas Dr.)1 0 0 0 0 1 0% S16 Caravel Dr. Rehabilitation 0 1 0 0 0 1 0% S17 Yardarm Ct. Rehabilitation 0 0 1 0 0 1 0% S18 Bowspirit Ct. Rehabilitation 0 0 0 0 1 1 0% S23 Barataria Dr. Rehabilitation 0 0 0 1 0 1 0% S12 Cruisier St. Rehabilitation 0 0 0 0 0 0 0% S13 King Phillip Ct. Rehabilitation 0 0 0 0 0 0 0% S19 Mutiny Ct. Rehabilitation 0 0 0 0 0 0 0% S20 Beaufort Ct. Rehabilitation 0 0 0 0 0 0 0% S21 Blackbeard Dr. Rehabilitation 0 0 0 0 0 0 0% S22 Man O War Ct. Rehabilitation 0 0 0 0 0 0 0% Total 98 89 93 92 86 458 100% Padre/Mustang Island 35 Are any projects missing from the short-term projects list? #Feedback 1 Speeding on Whitecap towards the yacht club 2 More bike paths included in the street rehab projects. 3 Escapade, Cutlas, Whaler street resurfacing. 4 Build a outdoor beach amphitheater/ band shell. This could be an easy build and would really draw people in. 5 Safety should be a top priority 6 No 7 No 8 How about the beach maintenance operations facility the city is again trying to sneak into a residential neighborhood and a park? 9 Multi-Purpose Community Meeting Center should be planned to be within the next 3-5 years. It was needed "yesterday" and we deserve it ASAP 10 Yes enforce the law. Eliminate short term single family home rentals. 11 Yes! Gypsy desperately needs a sidewalk. There is room on the west side near the condos and apartments for a pathway. That is a busy street and pedestrians are making their way to Billish park to enjoy it. Please fund a sidewalk for that road. 12 Ullberg Park Should any proposed short-term projects move to a different timeframe? (ex. mid- or long-term) #Feedback 1 Why include short term projects for the ADP that are already in play i.e. Park Road 22 Bridge, Doudon Park and Aquarious Park???? These are just 3 short term projects already being worked on!! 2 No 3 Where is the beach maintenance facility going? Do you have additional comments regarding the proposed short-term projects? #Feedback 1 Texas Paddling trail please. 2 There were a lot of projects that are just road repairs. These do not really add much to the whole environment/atmosphere of the island. 3 Eliminate all short term rentals 4 No 5 Short term for the city means 10 years later and still nothing done. 6 Some of these are maintenance. They should get priority over filling developer's bank accounts. 36 Padre/Mustang Island Mid-Term Select the top 3 mid-term projects in ranking order from 1 to 3, with 1 being the highest priority. #Project Name 1st 2nd 3rd Total Percent S26 PR22 Pedestrian and Access Management Improvements (TxDOT)11 18 9 38 17% P10 Seawall Repairs, Access Improvements, and Amenities (Private Owner-Funded)17 6 12 35 16% U8 Whitecap Wastewater Treatment Plant Improvements 9 10 12 31 14% S25 PR22/SH361 Intersection Improvements Study and Implementation (TxDOT)16 3 7 26 12% P16 Packery Channel Nature Park Habitat Restoration (GLO Project)7 8 6 21 9% P11 Seawall Parking Lot Pavillion 4 8 5 17 8% S29 JFK Causeway Evaluation 6 7 3 16 7% P15 Mustang Island Bayside Wetlands Restoration (GLO Project)0 5 5 10 4% S28 Mobility Plan Implementation Phase I 3 3 4 10 4% P13 Commodore Park Improvements 0 4 1 5 2% P14 Shamrock Island Restoration (GLO Project)2 1 2 5 2% S27 Packery Channel Loop Road 1 0 3 4 2% S30 Paper Street Development (Private Ownership)0 1 2 3 1% P12 Ulberg Park Improvements 0 1 1 2 1% Total 76 75 72 223 100% Are any projects missing from the mid-term projects list? #Feedback 1 RESTORE THE BOB HALL PIER AND RESTAURANT 2 Texas Paddle trail please. 3 Bike lanes should be moved up 4 Maintenance should take precedence over development. Should any proposed mid-term projects move to a different timeframe? (ex. short- or long-term) #Feedback 1 S25 to short term 2 No Padre/Mustang Island 37 Do you have additional comments regarding the proposed mid-term projects? #Feedback 1 Bike lanes and paths. 2 No 3 Please look at community plans like in Virginia Beach, VA that have great mix of commercial and events, for people to do and enjoy. We need some diversity of things todo year around for the most part. 38 Padre/Mustang Island #Project Name Count Percent P17 Bike Path from Balli Park to Padre Island National Seashore 34 39% P18 Multi-Purpose Community Meeting Facility 27 31% S31 Mobility Plan Implementation Phase II 26 30% Total 87 100% Long-Term Select the 1 project you believe is the highest priority. Are any projects missing from the long-term projects list? #Feedback 1 Sidewalks in Padre Island neighborhoods would be a great long term project. 2 Riley P Dog Park 3 I love the bike path idea. 4 BEACH and dune management 5 Community pool Should any proposed long-term projects move to a different timeframe? (ex. short- or mid-term) #Feedback 1 Yes, the bike path to PINS should be move up to a mid term at a minimum. 2 P17 bike path move to short term. 3 Bike path would be amazing if it was moved up in time scale! 4 Bike Path Should be a mid term project. 5 Would like to see P18 moved to mid-term 6 No 7 BEACH and dune management at the top of every list. 8 Move the Multi-Purpose Community Meeting Facility to short-term or at least mid-term 9 Community multi purpose meeting facility - SHORT TERM 10 P17. We have already been waiting decades for this. Do you have additional comments regarding the proposed long-term projects? #Feedback 1 The meeting facility is needed NOW since Waves is being torn down 2 No 3 BEACH and dune management at the top of every list. 4 What is an S31? Why bother asking about it? It makes me think that this survey is just a cover to stuff developers pockets. That is what CC has been doing since I moved here. Padre/Mustang Island 39 General How much do you support adoption of the Padre/Mustang Island Area Development Plan? Response Count Percent Very Supportive 41 46% Supportive 29 32% Somewhat Supportive 16 18% Not Supportive 4 4% Total 90 100% Which best describes you? (Optional) Response Count Percent I live and work on the Island 31 30% I live on the Island but work elsewhere 18 18% I live on the Island part- time 15 15% I live on the Island and am not employed 24 24% I work on the Island but live elsewhere 4 4% I do not live or work on the Island 10 10% Total 102 100% What is your gender? (Optional) Response Count Percent Male 45 48% Female 49 52% Total 94 100% 40 Padre/Mustang Island What is your age? (Optional) Response Count Percent Under 18 0 0% 18-24 0 0% 25-34 11 11% 35-44 21 22% 45-54 19 20% 55-64 24 25% 65 and Over 21 22% Total 96 100% What is your race? (Optional) Response Count Percent White 71 91% Black or African American 0 0% American Indian or Alaska Native 1 1% Asian 0 0% Native Hawaiian or Other Pacific Islander 2 3% Two or More Races 4 5% Total 78 100% Are you of Hispanic or Latino Origin? (Optional) Response Count Percent Yes 14 17% No 67 83% Total 81 100% Padre/Mustang Island 41 Do you have any other thoughts or comments you want to share about the Padre/Mustang Island Area Development Plan? #Feedback 1 Short-term rentals- The City zoning for most of the Island's single-family residential areas prohibit short-term rentals. The PIPOA has created a list of properties advertised and rented as short-term rentals in the single-family zoning areas. Therefore, the properties on this list are in violation of Corpus Christi City ordinances. The city not enforcing these violations therefore makes the city complicit with these activities. 2 LET THE PUBLIC VOTE ON ANY MAJOR DEVELOPMENTS SO WE DON'T GET STUCK WITH ANOTHER SCHLITTERBAUN. 3 The issue of Short Term Rentals continues to be pushed by POA board members...meanwhile they let true nuisances, health hazards, and violations exist without attention. The Texas Supreme Court already ruled in 2018 that STR's cannot be outlawed by a City or POA. Please make your deals with the Vrbo and airbnb companies to collect your city tax but put a stop to the nonsense about outlawing STRs unless you intend to fight it at the Supreme Court level. The city's noise and other ordinances are more than enough to control any issues. Frankly, the permanent residents can be more troublesome than a renter anyway with piles of junk, standing black water in what used to be pools, trees that aren't trimmed and pose health hazards, non-working vehicles occupying every square inch of a homeowner's yard...those things are actually important to address to maintain property values. 4 Allow short term rentals for all properties and property owners. This will generate tax dollars for the city from tourist visiting the area. STRs are not going away as it is an industry only at the infancy of its existence and potential- likely to disrupt the hotel industry in the years to come. Allow property owners the freedom to use their property how they wish (with regulations set in place). This will allow property owners to get a head start on this new industry by investing/ improving properties and establishing Corpus Christi and North Padre island as one of the highest rated locations in the nation for STRs. This is an opportunity that should be seriously considered by city council and leadership. 5 NO SHORT TERM RENTALS IN RESIDENTIAL NEIGHBORHOODS 6 I am concerned with the superintendent at PINS taking that park in the wrong direction. The health of the National Seashore is key to the health of our Island. Thank you. 7 To expand the population density as aggressively as your map suggests, the current transportation infrastructure will have to be completely redone. Don't let the houses/ rentals outpace the roads or EVERYONE will be upset. Also, don't develop the golf course. Let that remain green space! 8 Get it going! 9 Whatever is decided, do it RIGHT! And do it right the FIRST time! 10 Remember you advertised this to be a place to retire. 11 Slow the building down until crime gets under control 12 Nothing was mentioned regarding Short Term Rentals. STR's should be in designated areas only, not single family residential zoned areas. 13 No 14 Again, the plan is flawed, with inaccurate and incomplete data. 42 Padre/Mustang Island #Feedback 15 Don’t over develop. 16 Whatever we can do to preserve our land, beaches, and natural habitat and make the community healthy I am 100% supportive of that. :) 17 Preserve short term rentals. The island is a tourist destination 18 Just get rid of short term rentals in single family residential neighborhoods. Reduce undesirables and criminals. 19 Street cleaning is needed throughout the neighborhood and surrounding areas. Also, we should allow short term rentals on the Island such as Airbnb. 20 Street cleaning and creation of bike paths and cycling paths (along existing roads) would benefit the island and its residents and tourists greatly. 21 Short term rentals need to be banned in residential areas. There are plenty of areas of the island with condos/hotels/multi-family housing so there is no need to bring this disruptive element into the residential housing areas. 22 I appreciate the work going into this and hope to see real planned progress. 23 Improve roads, bring tourists, but please protect the island and wetlands. Many come for the birds! 24 Let's get this moving so we can make our community an even better place! 25 Yes. I think that this is a plan to turn the Island into a means to fill developer's pockets. I do not think that the council has considered the costs. The fact that we cannot maintain what we have is sufficient reason to not expand. 26 If you rebuild the pier on the island the tenant Michael Mays need to have a lease that benefits the county not give them a lease for 100 yrs and pay nothing. 27 More police presence at night! Too much petty crime and not enough lights on streets. Need more police out here at night to patrol the neighborhoods. 28 I really appreciate your hard work. Padre island isn't a "retirement" community anymore and so many families are moving here. I am glad to see that safety for children getting to and from school via bikes is improving with the stop signs at whitecap. My children would love to see that design of Douden park come to life and similar improvements for Aquarius park. More nature/outside walking/biking areas Please. Thank you 29 I don't work or live on the Island, but I visit dozens of times per year, and if it were not for the Island I would not live in Corpus Christi. It's a crucially important area for the economy and quality of life for the city and region. Padre/Mustang Island 43 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 1 We need something to increase tourism. While the beautification of neighborhoods is wonderful, what does it add to increase traffic? (03/25/2021) 2 I am definitely not opposed to growth/improvements to The Island. However, it is extremely important to not lose sight of what draws people, families and tourists alike, to the area...the environment, laid back lifestyle, and safety. We cannot lose any of those. We must protect the beach and dunes in the process. We must also keep the family/neighborhood feel as we grow. And, safety MUST be a priority. Because of that, I am NOT a supporter of short-term rentals in my neighborhood. (03/27/2021) 3 The overdevelopment of the island is a serious mistake. Stop allowing chain restaurants (Starbucks was horribly placed and is ruining traffic flow). Maintain the beaches remove the pier. Allow the natural beach to be the draw. (03/27/2021) 4 No short term rentals in residential areas on the island. We want to protect our property values, decrease crime, and maintain our quality of life. NO high density housing and overcrowding on the island. (03/28/2021) 5 The new plan for the Island is amazing. Please carry through with all of it! (03/29/2021) 6 Get rid of dangerous short term rentals. Had shootings on Suntan and several police calls not to mention the annoying parties and noise from the one next to me. Had to call police at 11 PM. (03/29/2021) 7 Do not limit or ban short term rentals. They do not cause problems. They increase property values, bring in revenue, and enhance the island as a destination. A myth exists that STR increase crime. No, crime is local. I was a crime victim on 2020. The criminals were local. Most renters are families with children who come to enjoy the beauty of the island. North Padre Island is and can continue to be a wonderful place for visitors. (03/30/2021) 8 The rationale behind the ability to short term rent your property zoned as r-6 is archaic and not data driven. The truth of the matter is that limitations on who a homeowner can allow in their home stomps on constitutional rights. The argument that STR create an annoyance from wild party animals is just not the case. Managed responsibly, use of residential homes for short term rentals can be enjoyable, safe, and financially lucrative for homeowners, cities, and states. Local ordinances controlling noise, maintenance, etc are already in place and is the owners obligation to be in compliance at all times. This mob mentality of homeowners has got to stop and should not be supported by local regulation. Property owners, while not disrupting peace in the neighborhood, should have the right to allow individuals use of their home as they see fit, fee or no fee. (03/31/2021) 9 No short term rentals in areas zoned single family residential (03/31/2021) 10 More space needs to be kept forever green, space for wildlife, space for people to experience peace through natural surroundings. Not everything needs to be developed (03/31/2021) 11 I’d like to see more shops and restaurants. (04/06/2021) 12 We really need a sidewalk along Aquarius between Whitecap & Commodores. The tragic combined with cars on the shoulder make it impossible for a safe walk. Thank you. (04/07/2021) 44 Padre/Mustang Island #Feedback 13 To much commercial in Commodore area. Old golf course should remain open spaces. (04/08/2021) 14 No short term rentals in single family residential areas. Start enforcing city ordinances. Keep all resort type business on the east side of Park Road 22. (04/09/2021) 15 Yeah all of the links in the survey gave a 404 error. Couldn’t see any of them. (04/09/2021) 16 All lands that have been designated already as wetland mitigation areas should be left untouched. The beauty, fishing and wetlands and bird sanctuaries are what bring people to the Island. We do not need a manmade manipulated commercial space where estuaries have thrived. Develop the area of the ski canals. You will be destroying the habitats and beauty of our wildlife, including birds, bait fish, oyster beds and dolphins. Enough greed!!! (04/09/2021) 17 Leave natural estuaries, bird habitats, oysterbeds, etc (04/09/2021) 18 Need to clearly dictate what is acceptable in the various areas ... for example, no short term rentals in medium density single family neighborhoods. (04/09/2021) 19 Commercial development should remain on the beach side of 22 (04/09/2021) 20 Support the development of the Padre Lakes Marina! Any other development on this property to make a [Kemah] like atmosphere and tourist interests! (04/09/2021) 21 Residential only. (04/09/2021) 22 I’d like to see a River Walk similar to San Antonio’s... more restaurants, shopping & nightlife. (04/10/2021) 23 Short Term Rentals - The City should enforce its existing Ordinance which makes Short Term Rentals illegal in single family neighborhoods zoned RS-6. Currently, the City is collecting Hotel Occupancy Tax on many of those illegal Short Term Rentals, located within Padre Isles single family home neighborhoods zoned RS-6. That makes the City complicit in the illegal activity of Short Term Rentals on Padre Island. (04/10/2021) 24 Short term rentals- The City of Corpus Christi should enforce the law (ordinance) that prohibits short term rentals in neighborhoods zoned RS-6 (single family residence). The city of CC is currently collecting taxes from these illegally operated businesses. That makes the city of Corpus Christi complicit in conducting illegal activity. This is a on going problem that needs to be fixed now. Continuing to do nothing is unacceptable to law abiding citizens and residents of Padre Island that adhere to the rules. (04/11/2021) 25 SHORT TERM RENTALS: The City of Corpus Christi NEEDS TO ENFORCE the existing Ordinance which makes Short Term Rentals illegal in single family home neighborhoods zoned RS- 6. More and more Short Term Rentals are happening within the Padre Island single family home neighborhoods and are a nuisance. The City of Corpus Christi currently collects hotel occupancy tax on some of these STR’s which makes the City complicit with the illegal activity of Short Term Rentals in the RS-6 zoned neighborhoods. (04/11/2021) 26 Stop AirBnB and Vrbo from destroying the Islands single family residential neighborhoods (04/11/2021) 27 Limit short term rentals to the gulf side of park rd 22.. allow those of us in residential neighborhoods peace and quiet. (04/11/2021) Padre/Mustang Island 45 #Feedback 28 Thank you for taking the time to propose a new vision for NPI. As a home owner on the Island and a father of 2 children, safety, good parks and outdoor activities are important to us and need to be great improved upon. We believe all rental units should be grouped into the same area and not spread across the residential areas where we live. A couple of key aspects of your proposal that has no mention of very important needs of the community. No new schools. There is currently a waiting list at Seashore due to capacity. We need another grade school - middle. We also need a high school. The old firehouse needs to be remodeled and or a new fire station added with a police substation. We also need an additional bridge or way to and from the Island as traffic is getting worse by today’s standards. Look at South Padres traffic woes with one bridge. Thank you, [Personal Information Redacted] (04/12/2021) AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of June 22, 2021 Second Reading Ordinance for the City Council Meeting of June 29, 2021 ______________________________________________________________________ DATE: June 11, 2021 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, Director of Finance and Business Analysis HeatherH3@cctexas.com (361) 826-3227 CAPTION: Ordinance accepting and appropriating $67,553,894.00 from the American Rescue Plan Act (ARPA) to mitigate the fiscal effects stemming from the public health emergency caused by the COVID-19 pandemic; and amending the FY2021 Operating Budget; and approving addition of two full-time grant funded positions for the administration of grant funds; and approving use of ARPA funds as follows: Citywide Waterline Replacement $30,000,000; Citywide Wastewater Lift Station Upgrades $18,400,000; Citywide Stormwater Improvements $10,000,000; North Beach Drainage Improvements $5,000,000; Construction of Fire Station 3 $4,050,000; and Downtown Outdoor Dining Development $100,000. SUMMARY: The City of Corpus Christi has been allocated $67,553,894 of Coronavirus State and Local Fiscal Recovery Funds established by the American Rescue Plan Act (ARPA) signed into law on March 11, 2021. The funds are to be used to mitigate the fiscal effects stemming from the public health emergency caused by the COVID-19 pandemic including COVIS-19 related expenses, replacing revenue lost by local governments, assisting small businesses, households and non-profits, aiding impacted industries such as tourism, travel and hospitality, supporting essential workers, and impro ving water, sewer and broadband infrastructure. In addition, approval for the addition of two full-time grant funded positions to the Finance and Business Analysis budget to administer this and other grant programs. Ordinance Appropriating American Rescue Plan Act funds and the addition of two full-time positions BACKGROUND AND FINDINGS: The President signed into law the American Rescue Plan Act (ARPA) on March 11, 2021. This plan establishes the Coronavirus Local Fiscal Recovery Fund which is intended to provide support to state, local and tribal governments in responding to the impact of the COVID-19 and in their efforts to contain COVID-19 on their communities, residents, and businesses. In addition, the funds are intended to lay the foundation for a strong, equitable economic recovery, not only providing immediate e conomic stabilization for households and businesses, but also by addressing systemic public health and economic challenges that may have contributed to more severe impacts of the pandemic among low-income communities and people of color. The ARPA provides for allowable uses in four categories: 1. Respond to the public health emergency or its negative economic impacts, including assistance to households, small businesses, and nonprofits or aid to impacted industries such as tourism, travel and hospitality 2. Respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers 3. Provision of government services to the extent of the reduction in revenue due to the COVID-19 public health emergency relative to revenue collected in the most recent full fiscal year prior to the emergency 4. Make necessary investments in water, sewer, or broadband infrastructure City Council was briefed by staff on May 11, 2021 and provided with a list of potential projects compiled by executive staff representing projects across the City that may meet the expected criteria. Guidance from the Department of Treasury had been released the day prior to the briefing so this project list provided a starting point once the guidance had been reviewed and allowable criteria applied to the projects. On June 15, 2021 staff brought a proposed listing of eligible projects to City Council for discussion. The following list of projects including two alternative projects is recommended to be funded with the $67.6M the City has received through the ARPA. Downtown Outdoor Dining Development $100,000 North Beach Drainage Improvements $5,000,000 Citywide Waterline Replacement $30,000,000 Citywide Wastewater Lift Station Upgrades $18,400,000 Citywide Stormwater Improvements $10,000,000 Construction of Fire Station 3 $4,050,000 Total $67,550,000 The four recommended Water, Wastewater, and Stormwater/Drainage projects should qualify under either the Clean Water State Revolving Fund (CWSRF) or the Drinking Water State Revolving Fund (DWSRF) programs, which is a requirement for the projects to be an eligible expense. The project to construct Fire Station #3 is not an allowable expense under the infrastructure definition but the City is able to utilize the funds received through revenue replacement for the projects. The City expects the revenue replacement to exceed $10,000,000 for the first year of 2020. The ARPA funds must be committed to projects no later than December 31, 2024 and the projects must be completed and all reporting finalized by December 31, 2026. Staff is also requesting the addition of two full-time positions to the Finance and Business Analysis budget to administer this and other grant funding the City has received in response to the public health emergency. The administrative tracking, reporting, and audit of these grant funds cannot be adsorbed within the current grant staffing levels. If the City does not properly track and report on the uses of these funds, the granting agencies could require the City to pay the funds back. These positions will be funded through the administrative dollars allowable through the grants. ALTERNATIVES: An alternative would be to not take advantage of the federal funding provided and not approve the addition of two full-time positions. FISCAL IMPACT: The City will use the ARPA funds to pay for needed infrastructure within the City. By using the ARPA funds, instead of issuing debt or cash reserves to pay for the infrastructure improvements, pressure on the utility rates will be minimized. FUNDING DETAIL: Fund: 1072 American Rescue Plan Act Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Cost: $67,553,894 RECOMMENDATION: Staff recommends approval of the ordinance to accept and appropriate $67,553,894 of funds from the American Rescue Plan Act in the City’s grant fund and add two full-time grant funded positions. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Listing Ordinance accepting and appropriating $67,553,894.00 from the American Rescue Plan Act (ARPA) to mitigate the fiscal effects stemming from the public health emergency caused by the COVID-19 pandemic; and amending the FY2021 Operating Budget; and approving addition of two full-time grant funded positions for the administration of grant funds; and approving use of ARPA funds as follows: Citywide Waterline Replacement $30,000,000; Citywide Wastewater Lift Station Upgrades $18,400,000; Citywide Stormwater Improvements $10,000,000; North Beach Drainage Improvements $5,000,000; Construction of Fire Station 3 $4,050,000; and Downtown Outdoor Dining Development $100,000. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. Funding in the amount of $67,553,894.00 is accepted from the federal government, pursuant to the American Rescue Plan Act (ARPA) to mitigate the fiscal effects stemming from the public health emergency caused by the COVID -19 pandemic, and the ARPA funds are appropriated in Grant Fund No. 1076. Section 2. The Corpus Christi FY2020-2021 Operating and Capital Budget adopted by Ordinance No. 032203 is amended to add two full-time positions for the administration of grant funds. Section 3. The FY20-21 Operating Budget, adopted by Ordinance No. 032203, is amended to increase revenues and expenditures each by $67,553,894.00. Section 4: The use of ARPA funds is approved as follows: Citywide Waterline Replacement $30,000,000; Citywide Wastewater Lift Station Upgrades $18,400,000; Citywide Stormwater Improvements $10,000,000; North Beach Drainage Improvements $5,000,000; Construction of Fire Station 3 $4,050,000; and Downtown Outdoor Dining Development $100,000. 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 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 $ 5.0M $ 5.0M Citywide Waterline Replacement $15.0M $ 15.0M $30.0M Citywide Wastewater Lift Station Upgrades $11.4M $ 7.0M $18.4M Williams Ditch Stormwater Improvements $ 5.0M $ 5.0M $10.0M Construction of Fire Station #3 $ 4.05M $4.05M Total $31.5M $36.05M $67.55M DATE: May 27, 2021 TO: Peter Zanoni, City Manager FROM: Annette Rodriguez, MPH, Director of Public Health Annetter@cctexas.com 361-826-7203 CAPTION: Ordinance accepting a grant for the Regional Local Services System/Local Public Health System in the amount of $328,736 from the Texas Department of State Health Services; and appropriating the grant funds with an additional estimated $330,000 of grant program income and $70,000 of Medicaid income for a total amount of $728,736 to provide essential public health services. SUMMARY: Authorization to accept funding for Regional Local Services System/Local Public Health System (RLSS/LPHS) Grant, RLSS Grant Program Income and RLSS Medicaid Program Income. The Texas Department of State Health Services (DSHS) has awarded a grant in the amount of $328,736.00, to provide funding for public health services beginning September 1, 2021 through August 31, 2022, to fund personnel in the amount of 109,658.00, fringe benefits in the amount of 45,069.50, travel in the amount of 7,250.00 and supplies in the amount of 12,031.00 to support the provision of essential public health services to improve and strengthen local public health infrastructure within the State of Texas. BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a grant in the amount of $328,736.00, to provide funding for public health services beginning September 1, 2021 through August 31, 2022, to fund personnel, fringe benefits and supplies to support the provision of essential public health services including disease investigation and surveillance, laboratory services and environmental health services. It is estimated that the grant will ge nerate RLSS grant program income of $330,000 and RLSS grant program Medicaid income of $70,000 during the period of September 1, 2021 through August 31, 2022. ALTERNATIVES: Refuse the grant and discontinue the local public health services program that enables the Health Acceptance of the Regional Local Services System/Local Public Health System (RLSS/LPHS) Grant, RLSS Grant Program Income and RLSS Medicaid Program Income in the am ount of $728,736.00, and appropriation of the funds for the contract period September 1, 2021 through August 31, 2022. AGENDA MEMORANDUM First Reading for the City Council Meeting of June 22, 2021 Second Reading for the City Council Meeting of June 29, 2021 District to provide for local public health services including disease investigation and surveillance, laboratory services, and environmental health services. FISCAL IMPACT: Appropriating Grant funds of $328,736 plus the estimated program income of $330,000 and Medicaid program income of $70,000 increase the revenue in Health Grants by $728,736 to be expended for essential public health services. Funding Detail: Fund: Health Grants1066 Organization/Activity: 831122F Mission Element: 103 Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Contract No HHS001021100001 Ordinance Ordinance accepting a grant for the Regional Local Services System/Local Public Health System in the amount of $328,736 from the Texas Department of State Health Services; and appropriating the grant funds with an additional estimated $330,000 of grant program income and $70,000 of Medicaid income for a total amount of $728,736 to provide essential public health services. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1: The City Manager or designee is authorized to execute all documents necessary to accept and appropriate a total grant amount of $328,736, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, for the period of September 1, 2021 through August 31, 2023 to provide essential health services. Section 2. Authorizing the appropriation of an estimated $330,000, RLSS grant program income and estimated $70,000, RLSS grant program Medicaid income in the No. 1066 Health Grants Fund, for a total project cost of $728,736. Section 3: The City Manager or designee is authorized to execute amendments to the grant contract which extend the contract period or increase or decrease the amount of the grant. A copy of the executed grant shall be filed in the office of the City Secretary. 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 Contract No. HHS001021100001 Page 1 of 3 HHSC Grant - v 2.14 Effective: February 1, 2019 SIGNATURE DOCUMENT FOR DEPARTMENT OF STATE HEALTH SERVICES CONTRACT NO. HHS001021100001 UNDER THE REGIONAL LOCAL SERVICES SYSTEM/LOCAL PUBLIC HEALTH SERVICES GRANT PROGRAM I. PURPOSE The Department of State Health Services (“System Agency”), a pass-through entity, and Corpus Christi-Nueces County Public Health District (“Grantee”) (each a “Party” and collectively the “Parties”), enter into the following grant contract to provide funding for Local Public Health Services to improve or strengthen local public health infrastructure within the State of Texas (the “Contract”). II. LEGAL AUTHORITY This Contract is authorized by and in compliance with the provisions of Texas Government Code Chapter 791 and The Texas Health and Safety Code Chapter 12. III. DURATION The Contract is effective on September 1, 2021 and terminates on August 31, 2023, unless renewed, extended, or terminated pursuant to the terms and conditions of the Contract. System Agency, at its sole discretion, may extend this Contract for any period(s) of time, provided the Contract term, including all extensions or renewals, does not exceed five years. Notwithstanding the limitation in the preceding sentence, System Agency, at its sole discretion, also may extend the Contract beyond five years as necessary to ensure continuity of service, for purposes of transition, or as otherwise determined by System Agency to serve the best interest of the State. IV. BUDGET The total amount of this Contract will not exceed THREE HUNDRED TWENTY-EIGHT THOUSAND SEVEN HUNDRED THIRTY-SIX DOLLARS ($328,736.00). Grantee is not required to provide matching funds. All expenditures under the Contract will be in accordance with ATTACHMENT B, BUDGET. The total allocation amount for FY22 (September 1, 2021 through August 31, 2022) is ONE HUNDRED SIXTY-FOUR THOUSAND THREE HUNDRED SIXTY-EIGHT DOLLARS ($164,368.00). The total allocation amount for FY23 (September 1, 2022 through August 31, 2023) is ONE HUNDRED SIXTY-FOUR THOUSAND THREE HUNDRED SIXTY-EIGHT DOLLARS ($164,368.00). V. CONTRACT REPRESENTATIVES The following will act as the representative authorized to administer activities under this Contract on behalf of their respective Party. DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C Contract No. HHS001021100001 Page 2 of 3 HHSC Grant - v 2.14 Effective: February 1, 2019 System Agency Department of State Health Services 1100 West 49th Street, MC 1990 Austin, Texas 78756 Attention: Elma Medina elma.medina@dshs.state.tx.us Grantee Corpus Christi-Nueces County Public Health District (City) 1702 Horne Rd. Corpus Christi, TX 78416 Attention: Isidoro Prado MPA isidoroP@cctexas.com Legal Notices Any legal notice required under this Contract shall be deemed delivered when deposited by the System Agency either in the United States mail, postage paid, certified, return receipt requested; or with a common carrier, overnight, signature required, to the appropriate address below: System Agency Department of State Health Services Attention: General Counsel 1100 W. 49th Street, MC 1911 Austin, TX 78756 Grantee Corpus Christi-Nueces County Public Health District (City) 1702 Horne Rd. Corpus Christi, TX 778416 Attention: Annette Rodriguez annetteR@cctexas.com VI. NOTICE REQUIREMENTS Notice given by Grantee will be deemed effective when received by the System Agency. Either Party may change its address for notices by providing written notice to the other Party. All notices submitted to System Agency must: A. include the Contract number; B. be sent to the person(s) identified in the Contract; and, C. comply with all terms and conditions of the Contract. VII. ADDITIONAL GRANT INFORMATION Grantee Data Universal Numbering System (DUNS) Number: 69457786 Federal Award Identification Number (FAIN): NB01OT009365 Catalog of Federal Domestic Assistance (CFDA) Name and Number (list all that apply): Preventive Health and Health Services Block Grant –93.991 Federal Award Date: 09/14/2020 Federal Award Period:10/01/2019 through 09/30/2021 Name of Federal Awarding Agency: Centers for Disease Control and Prevention (CDC) Awarding Official Contact Information: Shirley K Byrd, Grants Management Officer 2939 Flowers Rd, Mailstop TV-2, Atlanta, GA 30341-5509, Phone: (770) 488-2591 Any updates to the Additional Federal Grant Information will be incorporated into the Contract as of the effective date of the change. DSHS will send written notice of any updates to the Grantee. Any written updates provided by DSHS will control in the event of conflict with the grant information in the Contract. SIGNATURE PAGE FOLLOWS DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C Contract No. HHS001021100001 Page 3 of 3 HHSC Grant - v 2.14 Effective: February 1, 2019 SIGNATURE PAGE FOR SYSTEM AGENCY CONTRACT NO. HHS001021100001 DEPARTMENT OF STATE HEALTH SERVICES _________________________________ Signature Date of Execution: __________________ CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) Signature Date of Execution: __________________ THE FOLLOWING ATTACHMENTS TO SYSTEM AGENCY CONTRACT NO. HHS001021100001 ARE INCORPORATED BY REFERENCE: ATTACHMENT A – STATEMENT OF WORK ATTACHMENT B – BUDGET ATTACHMENT C – UNIFORM TERMS AND CONDITIONS - GRANT ATTACHMENT D – CONTRACT AFFIRMATIONS ATTACHMENT E – SUPPLEMENTAL AND SPECIAL CONDITIONS ATTACHMENT F – FEDERAL ASSURANCES ATTACHMENT G – FFATA CERTIFICATION FORM ATTACHMENT H – DATA USE AGREEMENT ATTACHMENTS FOLLOW DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C Annette Rodriguez Health Director ATTACHMENT A STATEMENT OF WORK Contract No. HHS001021100001 Page 1 of 3 HHSC Grant - v 2.14 Effective: February 1, 2019 I. GRANTEE RESPONSIBILITIES A. Grantee shall perform activities in support of the Preventive Health and Health Services Block Grant, Centers for Disease Control and Prevention (“CDC”). B. Grantee shall perform the activities required under this Contract in the following county(ies): Nueces C. Grantee will work to improve or strengthen local public health infrastructure within the State of Texas by: 1. Developing objective(s) to address a public health issue; 2. Utilizing resources provided through this Contract to conduct activities and services that provide or support the delivery of essential public health services; 3. Assessing, monitoring, and evaluating the essential public health activities and services provided through this Contract; and 4. Developing strategies to improve the delivery of essential public health service(s) to service area identified in I(B) above. D. Grantee will assess, monitor and evaluate the essential public health activities in accordance with the following standards: the National Public Health Performance Standards, approved by the Centers for Disease Control and Prevention Healthy People 2030 (Healthy People) related goals and objectives; System Agency programmatic grant guidance and performance standards relative to the Grantee’s identified scope of work; and federal, state or local laws or regulations governing the delivery of essential public health services. Other evaluation methods utilizing standards not listed in this section must be pre-approved in writing by System Agency. E. Grantee shall implement its approved Project Service Delivery Plan (“PSDP”) contained in its FY22/23 Local Public Health Services Application, which is incorporated herein by reference and made a part of this Contract as if fully set forth herein. The PSDP must include a description of the public health issue(s) or public health program to be addressed b y RLSS/LPHS funded staff and measurable objective(s) and activities for addressing the issue. The PSDP must also describe a clear method for evaluating the services that will be provided, as well as recommendations or plans for improving essential public health services delivery based on the results of an evaluation. Any changes to the approved PSDP will require System Agency's written approval. F. Grantee shall submit quarterly and final performance reports that describe progress toward achieving the objectives contained in approved Grantee’s PSDP to the LocalPHTeam@dshs.texas.gov and to the System Agency Contract Manager. Grantee shall submit the performance reports by the end of the month following the end of each quarter. Failure to submit a required report of additional requested information by the due date specified in this Contract or upon request constitutes breach of Contract, and DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C ATTACHMENT A STATEMENT OF WORK Contract No. HHS001021100001 Page 2 of 3 HHSC Grant - v 2.14 Effective: February 1, 2019 may result in delay payment, and may adversely affect evaluation of Grantee’s future contracting opportunities with the department. G. Grantee will comply with all applicable regulations, standards, and guidelines in effect on the beginning date of this Contract and as amended. H. Contractor shall maintain an inventory of equipment, supplies (defined as Controlled Assets in the Property Inventory Report Instructions Tab), and real property, and submit an annual cumulative report of the equipment and other property on HHS System Agencies Grantee’s Property Inventory Report to the assigned System Agency Contract Manager by email no later than October 15 of each year. I. Funding for this Contract is dependent on the award of the applicable federal grant. No FY2022 work may begin and no charges may be incurred until the System Agency issues a written Notice to Proceed to Grantee. This Notice to Proceed may include an amended or ratified budget which will be incorporated into this Contract by a subsequent amendment, as necessary. Notwithstanding the preceding, at the discretion of the System Agency, Grantee may be eligible to receive reimbursement for eligible expenses incurred during the period of performance as defined by 2 CFR §200.309. II. PERFORMANCE MEASURES The System Agency will monitor the Grantee’s performance of the requirements in this Attachment A and compliance with the Contract’s terms and conditions. III. INVOICE AND PAYMENT A. Grantee will request payment using the State of Texas Purchase Voucher (Form B-13) at http://www.System Agency.state.tx.us/grants /forms/b13form.doc. Voucher and any supporting documentation will be sent by electronic mail to the email address below. Department of State Health Services Claims Processing Unit, MC 1940 1100 West 49th Street P.O. Box 149347 Austin, TX 78714-9347 FAX: (512) 458-7442 EMAIL: invoices@dshs.texas.gov and to CMSInvoices@dshs.texas.gov B. Grantee will be paid on a monthly basis with acceptable supporting documentation for reimbursement of the required services/deliverables, and in accordance with the Budget in Attachment B of this Contract. C. System Agency reserves the right, where allowed by legal authority, to redirect funds in DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C ATTACHMENT A STATEMENT OF WORK Contract No. HHS001021100001 Page 3 of 3 HHSC Grant - v 2.14 Effective: February 1, 2019 the event of financial shortfalls. System Agency will monitor Grantee’s expenditures on a quarterly basis. If expenditures are below that projected in Grantee’s total Contract amount, Grantee’s budget may be subject to a decrease for the remainder of the Term of the Contract. Vacant positions existing after ninety days may result in a decrease in funds. DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C ATTACHMENT B BUDGET Contract No. HHS001021100001 Page 1 v. 11.15.2016 Budget Categories FY22 Budget Summary FY23 Budget Summary 2 Year Total Budget Personnel $109,658.00 $109,658.00 $219,316.00 Fringe Benefits $45,069.50 $45,069.50 $90,139.00 Travel $3,625.00 $3,625.00 $7,250.00 Equipment $0 $0 $0 Supplies $6,015.50 $6,015.50 $12,031.00 Contractual $0 $0 $0 Other $0 $0 $0 Sum of Direct Costs $164,368.00 $164,368.00 $328,736.00 Indirect Costs $0 $0 $0 Sum of Total Direct Costs and Indirect Costs $164,368.00 $164,368.00 $328,736.00 Less Match (Cash or In-Kind) $0 $0 $0 TOTAL $164,368.00 $164,368.00 $328,736.00 DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C HHSC Uniform Terms and Conditions Version 2.16 Published and Effective: March 26, 2019 Responsible Office: Chief Counsel Health and Human Services Commission HHSC Uniform Terms and Conditions - Grant Version 2.16.1 DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C HHSC Grantee Uniform Terms and Conditions Page 2 of 21 v. 2.16.1 Effective 03/26/2019 TABLE OF CONTENTS ARTICLE I. DEFINITIONS AND INTERPRETIVE PROVISIONS .................................... 4 1.1 Definitions ...................................................................................................................... 4 1.2 Interpretive Provisions .................................................................................................... 6 ARTICLE II. PAYMENT METHODS AND RESTRICTIONS .............................................. 6 2.1 Payment Methods ........................................................................................................... 6 2.2 Final Billing Submission ................................................................................................ 7 2.3 Financial Status Reports (FSRs) ..................................................................................... 7 2.4 Use of Funds ................................................................................................................... 7 2.5 Use for Match Prohibited ............................................................................................... 7 2.6 Program Income ............................................................................................................. 7 2.7 Nonsupplanting............................................................................................................... 8 2.8 Allowable Costs.............................................................................................................. 8 2.9 Indirect Cost Rates ......................................................................................................... 8 ARTICLE III. STATE AND FEDERAL FUNDING ................................................................ 8 3.1 Funding ........................................................................................................................... 8 3.2 No Debt Against the State .............................................................................................. 8 3.3 Debt and Delinquencies .................................................................................................. 8 3.4 Recapture of Funds ......................................................................................................... 8 ARTICLE IV. ALLOWABLE COSTS AND AUDIT REQUIREMENTS ............................. 9 4.1 Allowable Costs. ............................................................................................................ 9 4.2 Audits and Financial Statements .................................................................................. 10 4.3 Submission of Audits and Financial Statements .......................................................... 11 ARTICLE V. AFFIRMATIONS, ASSURANCES AND CERTIFICATIONS ..................... 11 5.1 General Affirmations .................................................................................................... 11 5.2 Federal Assurances ....................................................................................................... 11 5.3 Federal Certifications ................................................................................................... 11 ARTICLE VI. INTELLECTUAL PROPERTY ...................................................................... 11 6.1 Ownership of Work Product ........................................................................................ 11 6.2 Grantees Pre-existing Works ....................................................................................... 12 6.3 Agreements with Employees and Subcontractors ....................................................... 12 6.4 Delivery Upon Termination or Expiration .................................................................. 12 6.5 Survival ........................................................................................................................ 12 DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C HHSC Grantee Uniform Terms and Conditions Page 3 of 21 v. 2.16.1 Effective 03/26/2019 ARTICLE VII. RECORDS, AUDIT, AND DISCLOSURE ................................................... 13 7.1 Books and Records ....................................................................................................... 13 7.2 Access to Records, Books, and Documents ................................................................. 13 7.3 Response/Compliance with Audit or Inspection Findings ........................................... 13 7.4 SAO Audit .................................................................................................................... 14 7.5 Confidentiality .............................................................................................................. 14 ARTICLE VIII. CONTRACT MANAGEMENT AND EARLY TERMINATION ............ 14 8.1 Contract Remedies........................................................................................................ 14 8.2 Termination for Convenience ....................................................................................... 14 8.3 Termination for Cause .................................................................................................. 14 ARTICLE IX. MISCELLANEOUS PROVISIONS ................................................................ 15 9.1 Amendment .................................................................................................................. 15 9.2 Insurance ...................................................................................................................... 15 9.3 Legal Obligations ......................................................................................................... 15 9.4 Permitting and Licensure .............................................................................................. 16 9.5 Indemnity ...................................................................................................................... 16 9.6 Assignments ................................................................................................................. 16 9.7 Independent Contractor ................................................................................................ 17 9.8 Technical Guidance Letters .......................................................................................... 17 9.9 Dispute Resolution ....................................................................................................... 17 9.10 Governing Law and Venue ........................................................................................... 17 9.11 Severability ................................................................................................................... 17 9.12 Survivability ................................................................................................................. 18 9.13 Force Majeure ............................................................................................................... 18 9.14 No Waiver of Provisions .............................................................................................. 18 9.15 Publicity ........................................................................................................................ 18 9.16 Prohibition on Non-compete Restrictions .................................................................... 19 9.17 No Waiver of Sovereign Immunity .............................................................................. 19 9.18 Entire Contract and Modification ................................................................................. 19 9.19 Counterparts ................................................................................................................. 19 9.20 Proper Authority ........................................................................................................... 19 9.21 E-Verify Program .......................................................................................................... 19 9.22 Civil Rights ................................................................................................................... 19 9.23 System Agency Data ..................................................................................................... 21 DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C HHSC Grantee Uniform Terms and Conditions Page 4 of 21 v. 2.16.1 Effective 03/26/2019 ARTICLE I. DEFINITIONS AND INTERPRETIVE PROVISIONS 1.1 DEFINITIONS As used in this Contract, unless the context clearly indicates otherwise, the following terms and conditions have the meanings assigned below: “Amendment” means a written agreement, signed by the Parties, which documents changes to the Contract other than those permitted by Work Orders or Technical Guidance Letters. “Attachment” means documents, terms, conditions, or information added to this Contract following the Signature Document or included by reference, and made a part of this Contract. “Contract” means the Signature Document, these Uniform Terms and Conditions, along with any Attachments, and any Amendments, or Technical Guidance Letters that may be issued by the System Agency, to be incorporated by reference for all purposes. “Deliverable” means the work product(s), including all reports and project documentation, required to be submitted by Grantee to the System Agency. “Effective Date” means the date agreed to by the Parties as the date on which the Contract takes effect. “Federal Fiscal Year” means the period beginning October 1 and ending September 30 each year, which is the annual accounting period for the United States government. “GAAP” means Generally Accepted Accounting Principles. “GASB” means the Governmental Accounting Standards Board. “Grantee” means the Party receiving funds under this Contract. May also be referred to as "Contractor" in certain attachments. “Health and Human Services Commission” or “HHSC” means the administrative agency established under Chapter 531, Texas Government Code, or its designee. “HUB” means Historically Underutilized Business, as defined by Chapter 2161 of the Texas Government Code. “Intellectual Property Rights” means the worldwide proprietary rights or interests, including patent, copyright, trade secret, and trademark rights, as such right may be evidenced by or embodied in: i. any idea, design, concept, personality right, method, process, technique, apparatus, invention, discovery, or improvement; ii. any work of authorship, including any compilation, computer code, website or web page design, literary work, pictorial work, or graphic work; iii. any trademark, service mark, trade dress, trade name, branding, or other indicia of source or origin; iv. domain name registrations; and v. any other proprietary or similar rights. The Intellectual Property Rights of a Party include all worldwide proprietary rights or interests that the Party may have acquired by assignment, by exclusive license, or by license with the right to grant sublicenses. DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C HHSC Grantee Uniform Terms and Conditions Page 5 of 21 v. 2.16.1 Effective 03/26/2019 “Mentor Protégé” means the Comptroller of Public Accounts’ leadership program found at: http://www.window.state.tx.us/procurement/prog/hub/mentorprotege/. “Parties” means the System Agency and Grantee, collectively. “Party” means either the System Agency or Grantee, individually. “Program” means the statutorily authorized activities of the System Agency under which this Contract has been awarded. “Project” means specific activities of the Grantee that are supported by funds provided under this Contract. “Public Information Act” or “PIA” means Chapter 552 of the Texas Government Code. “Signature Document” means the document executed by both Parties that specifically sets forth all of the documents that constitute the Contract. “Solicitation” or "Request for Applications (RFA)” means the document (including all amendments and attachments) issued by the System Agency under which applications for Program funds were requested, which is incorporated by reference for all purposes in its entirety. “Solicitation Response" or "Application" means Grantee’s full and complete response (including any attachments and addenda) to the Solicitation, which is incorporated by reference for all purposes in its entirety. “State Fiscal Year” means the period beginning September 1 and ending August 31 each year, which is the annual accounting period for the State of Texas. “State of Texas Textravel” means Texas Administrative Code, Title 34, Part 1, Chapter 5, Subchapter C, Section 5.22, relative to travel reimbursements under this Contract, if any. “Statement of Work” means the description of activities performed in completing the Project, as specified in the Contract and as may be amended. “System Agency” means HHSC or any of the agencies of the State of Texas that are overseen by HHSC under authority granted under State law and the officers, employees, authorized representatives and designees of those agencies. These agencies include: HHSC and the Department of State Health Services. “Technical Guidance Letter” or “TGL” means an instruction, clarification, or interpretation of the requirements of the Contract, issued by the System Agency to the Grantee. “Work Product” means any and all works, including work papers, notes, materials, approaches, designs, specifications, systems, innovations, improvements, inventions, software, programs, source code, documentation, training materials, audio or audiovisual recordings, methodologies, concepts, studies, reports, whether finished or unfinished, and whether or not included in the deliverables, that are developed, produced, generated or provided by Grantee in connection with Grantee’s performance of its duties under the Contract or through use of any funding provided under this Contract. “Uniform Grant Management Standards” or “UGMS” means uniform grant and contract administration procedures, developed under the authority of Chapter 783 of the Texas DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C HHSC Grantee Uniform Terms and Conditions Page 6 of 21 v. 2.16.1 Effective 03/26/2019 Government Code, to promote the efficient use of public funds in local government and in programs requiring cooperation among local, state, and federal agencies. 1.2 INTERPRETIVE PROVISIONS A. The meanings of defined terms include the singular and plural forms. B. The words “hereof,” “herein,” “hereunder,” and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, or schedule of this Contract unless otherwise specified. C. The term “including” is not limiting and means “including without limitation” and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation. D. Any references to “sections,” “appendices,” or “attachments” are references to sections, appendices, or attachments of the Contract. E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract. F. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract. G. All Attachments, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract. H. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative and each will be performed in accordance with its terms. I. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase “in its sole discretion.” J. Time is of the essence in this Contract. ARTICLE II. PAYMENT METHODS AND RESTRICTIONS 2.1 PAYMENT METHODS A. Except as otherwise provided by this Contract, the payment method will be one or more of the following: i. Cost Reimbursement. This payment method is based on an approved budget and submission of a request for reimbursement of expenses Grantee has incurred at the time of the request; ii. Unit rate/fee-for-service. This payment method is based on a fixed price or a specified rate(s) or fee(s) for delivery of a specified unit(s) of service and acceptable submission of all required documentation, forms and/or reports; or iii. Advance payment. This payment method is based on disbursal of the minimum necessary funds to carry out the Program or Project where the Grantee has DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C HHSC Grantee Uniform Terms and Conditions Page 7 of 21 v. 2.16.1 Effective 03/26/2019 implemented appropriate safeguards. This payment method will only be utilized in accordance with governing law, state and federal regulations, and at the sole discretion of the System Agency. B. Grantee shall bill the System Agency in accordance with the Contract. Unless otherwise specified in the Contract, Grantee shall submit requests for reimbursement or payment monthly by the last business day of the month following the month in which expenses were incurred or services provided. Grantee shall maintain all documentation that substantiates invoices and make the documentation available to the System Agency upon request. 2.2 FINAL BILLING SUBMISSION Unless otherwise provided by the System Agency, Grantee shall submit a reimbursement or payment request as a final close-out invoice not later than forty-five (45) calendar days following the end of the term of the Contract. Reimbursement or payment requests received after the deadline may not be paid. 2.3 FINANCIAL STATUS REPORTS (FSRS) Except as otherwise provided, for contracts with categorical budgets, Grantee shall submit quarterly FSRs to System Agency by the last business day of the month following the end of each quarter for System Agency review and financial assessment. Grantee shall submit the final FSR no later than forty-five (45) calendar days following the end of the applicable term. 2.4 USE OF FUNDS Grantee shall expend funds under this Contract only for approved services and for reasonable and allowable expenses directly related to those services. 2.5 USE FOR MATCH PROHIBITED Grantee shall not use funds provided under this Contract for matching purposes in securing other funding without the written approval of the System Agency. 2.6 PROGRAM INCOME Income directly generated from funds provided under this Contract or earned only as a result of such funds is Program Income. Unless otherwise required under the Program, Grantee shall use Program Income, as provided in UGMS Section III, Subpart C, .25(g)(2), to further the Program, and Grantee shall spend the Program Income on the Project. Grantee shall identify and report Program Income in accordance with the Contract, applicable law, and any programmatic guidance. Grantee shall expend Program Income during the Contract term, when earned, and may not carry Program Income forward to any succeeding term. Grantee shall refund Program Income to the System Agency if the Program Income is not expended in the term in which it is earned. The System Agency may base future funding levels, in part, upon Grantee’s proficiency in identifying, billing, collecting, and reporting Program Income, and in using Program Income for the purposes and under the conditions specified in this Contract. DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C HHSC Grantee Uniform Terms and Conditions Page 8 of 21 v. 2.16.1 Effective 03/26/2019 2.7 NONSUPPLANTING Grant funds may be used to supplement existing, new or corresponding programming and related activities. Grant funds may not be used to supplant (replace) existing funds in place to support current programs and related activities. 2.8 ALLOWABLE COSTS Allowable Costs are restricted to costs that comply with the Texas Uniform Grant Management Standards (UGMS) and applicable state and federal rules and law. The Parties agree that all the requirements of the UGMS apply to this Contract, including the criteria for Allowable Costs. Additional federal requirements apply if this Contract is funded, in whole or in part, with federal funds. 2.9 INDIRECT COST RATES The System Agency may acknowledge an indirect cost rate for Grantees that is utilized for all applicable contracts. Grantee will provide the necessary financial documents to determine the indirect cost rate in accordance with the Uniform Grant Guidance (UGG) and Uniform Grant Management Standards (UGMS). ARTICLE III. STATE AND FEDERAL FUNDING 3.1 FUNDING This Contract is subject to termination or cancellation, without penalty to System Agency, either in whole or in part, subject to the availability of state funds. System Agency is a state agency whose authority and appropriations are subject to actions of the Texas Legislature. If System Agency becomes subject to a legislative change, revocation of statutory authority, or lack of appropriated funds that would render either System Agency’s or Grantee’s delivery or performance under the Contract impossible or unnecessary, the Contract will be terminated or cancelled and be deemed null and void. In the event of a termination or cancellation under this Section, System Agency will not be liable to Grantee for any damages, that are caused or associated with such termination, or cancellation, and System Agency will not be required to give prior notice. 3.2 NO DEBT AGAINST THE STATE This Contract will not be construed as creating any debt by or on behalf of the State of Texas. 3.3 DEBT AND DELINQUENCIES Grantee agrees that any payments due under the Contract shall be directly applied towards eliminating any debt or delinquency it has to the State of Texas including, but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support. 3.4 RECAPTURE OF FUNDS A. At its sole discretion, the System Agency may i) withhold all or part of any payments to Grantee to offset overpayments, unallowable or ineligible costs made to the Grantee, or if any required financial status report(s) is not submitted by the due date(s), or ii) require Grantee to promptly refund or credit - within thirty (30) calendar days of written notice - DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C HHSC Grantee Uniform Terms and Conditions Page 9 of 21 v. 2.16.1 Effective 03/26/2019 any funds erroneously paid by System Agency which are not expressly authorized under the Contract. B. “Overpayments” as used in this Section include payments (i) made by the System Agency that exceed the maximum allowable rates; (ii) that are not allowed under applicable laws, rules, or regulations; or (iii) that are otherwise inconsistent with this Contract, including any unapproved expenditures. Grantee understands and agrees that it will be liable to the System Agency for any costs disallowed pursuant to financial and compliance audit(s) of funds received under this Contract. Grantee further understands and agrees that reimbursement of such disallowed costs shall be paid by Grantee from funds which were not provided or otherwise made available to Grantee under this Contract. ARTICLE IV. ALLOWABLE COSTS AND AUDIT REQUIREMENTS 4.1 ALLOWABLE COSTS A. System Agency will reimburse the allowable costs incurred in performing the Project that are sufficiently documented. Grantee must have incurred a cost prior to claiming reimbursement and within the applicable term to be eligible for reimbursement under this Contract. At its sole discretion, the System Agency will determine whether costs submitted by Grantee are allowable and eligible for reimbursement. The System Agency may take repayment (recoup) from funds available under this Contract in amounts necessary to fulfill Grantee’s repayment obligations. Applicable cost principles, audit requirements, and administrative requirements include, but are not limited to: Applicable Entity Applicable Cost Principles Audit Requirements Administrative Requirements State, Local, and Tribal Governments 2 CFR Part 200 and UGMS 2 CFR Part 200, Subpart F and UGMS 2 CFR Part 200 and UGMS Educational Institutions 2 CFR Part 200 and UGMS 2 CFR Part 200, Subpart F and UGMS 2 CFR Part 200 and UGMS Non-Profit Organizations 2 CFR Part 200 and UGMS 2 CFR Part 200, Subpart F and UGMS 2 CFR Part 200 and UGMS DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C HHSC Grantee Uniform Terms and Conditions Page 10 of 21 v. 2.16.1 Effective 03/26/2019 For-profit Organization other than a hospital and an organization named in OMB Circular A-122 (2 CFR Part, 230) as not subject to that circular. 48 CFR Part 31, Contract Cost Principles and Procedures, or Uniform cost accounting standards that comply with cost principles acceptable to the federal or state awarding agency 2 CFR Part 200, Subpart F and UGMS 2 CFR Part 200 and UGMS B. OMB Circulars will be applied with the modifications prescribed by UGMS with effect given to whichever provision imposes the more stringent requirement in the event of a conflict. 4.2 AUDITS AND FINANCIAL STATEMENTS A. Audits i. HHS Single Audit Unit will notify Grantee to complete the Single Audit Determination Form. If Grantee fails to complete the form within thirty (30) calendar days after receipt of notice, Grantee will be subject to the sanctions and remedies for non-compliance with this Contract. ii. If Grantee, within Grantee’s fiscal year, expends at least SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) in federal funds awarded, Grantee shall have a single audit or program-specific audit in accordance with 2 CFR 200. The federal threshold amount includes federal funds passed through by way of state agency awards. iii. If Grantee, within Grantee’s fiscal year, expends at least SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) in state funds awarded, Grantee shall have a single audit or program-specific audit in accordance with UGMS, State of Texas Single Audit Circular. The audit must be conducted by an independent certified public accountant and in accordance with 2 CFR 200, Government Auditing Standards, and UGMS. iv. For-profit Grantees whose expenditures meet or exceed the federal or state expenditure thresholds stated above shall follow the guidelines in 2 CFR 200 or UGMS, as applicable, for their program-specific audits. v. Each Grantee that is required to obtain a single audit must competitively re-procure single audit services once every six years. Grantee shall procure audit services in compliance with this section, state procurement procedures, as well as with the provisions of UGMS. B. Financial Statements Each Grantee that does not meet the expenditure threshold for a single audit or program- specific audit, must provide financial statements. DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C HHSC Grantee Uniform Terms and Conditions Page 11 of 21 v. 2.16.1 Effective 03/26/2019 4.3 SUBMISSION OF AUDITS AND FINANCIAL STATEMENTS A. Audits Due the earlier of 30 days after receipt of the independent certified public accountant's report or nine months after the end of the fiscal year, Grantee shall submit electronically one copy of the single audit or program-specific audit to the System Agency via: i. HHS portal at: or, https://hhsportal.hhs.state.tx.us/heartwebextr/hhscSau ii. Email to: single_audit_report@hhsc.state.tx.us. B. Financial Statements Due no later than nine months after the Grantee’s fiscal year end, Grantees which are not required to submit an audit, shall submit electronically financial statements via: i. HHS portal at: https://hhsportal.hhs.state.tx.us/heartwebextr/hhscSau; or, ii. Email to: single_audit_report@hhsc.state.tx.us. ARTICLE V. AFFIRMATIONS, ASSURANCES AND CERTIFICATIONS 5.1 GENERAL AFFIRMATIONS Grantee certifies that, to the extent General Affirmations are incorporated into the Contract under the Signature Document, the Grantee has reviewed the General Affirmations and that Grantee is in compliance with all requirements. 5.2 FEDERAL ASSURANCES Grantee further certifies that, to the extent Federal Assurances are incorporated into the Contract under the Signature Document, the Grantee has reviewed the Federal Assurances and that Grantee is in compliance with all requirements. 5.3 FEDERAL CERTIFICATIONS Grantee further certifies that, to the extent Federal Certifications are incorporated into the Contract under the Signature Document, the Grantee has reviewed the Federal Certifications and that Grantee is in compliance with all requirements. In addition, Grantee certifies that it is in compliance with all applicable federal laws, rules, and regulations, as they may pertain to this Contract. ARTICLE VI. INTELLECTUAL PROPERTY 6.1 OWNERSHIP OF WORK PRODUCT All right, title, and interest in the Work Product, including all Intellectual Property Rights therein, is exclusively owned by System Agency. Grantee and Grantee’s employees will have no rights in or ownership of the Work Product or any other property of System Agency. Any and all Work Product that is copyrightable under United States copyright law is deemed to be “work made for hire” owned by System Agency, as provided by Title 17 of the United States Code. To the extent that Work Product does not qualify as a “work made for hire” under applicable federal law, Grantee hereby irrevocably assigns and transfers to System Agency, its successors and assigns, the entire right, title, and interest in and to the Work Product, including any and all Intellectual Property Rights embodied therein or associated DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C HHSC Grantee Uniform Terms and Conditions Page 12 of 21 v. 2.16.1 Effective 03/26/2019 therewith, and in and to all works based upon, derived from, or incorporating the Work Product, and in and to all income, royalties, damages, claims and payments now or hereafter due or payable with respect thereto, and in and to all causes of action, either in law or in equity for past, present or future infringement based on the copyrights, and in and to all rights corresponding to the foregoing. Grantee agrees to execute all papers and to perform such other property rights as System Agency may deem necessary to secure for System Agency or its designee the rights herein assigned. In the event that Grantee has any rights in and to the Work Product that cannot be assigned to System Agency, Grantee hereby grants to System Agency an exclusive, worldwide, royalty-free, transferable, irrevocable, and perpetual license, with the right to sublicense, to reproduce, distribute, modify, create derivative works of, publicly perform and publicly display, make, have made, use, sell and offer for sale the Work Product and any products developed by practicing such rights. 6.2 GRANTEE’S PRE-EXISTING WORKS To the extent that Grantee incorporates into the Work Product any works of Grantee that were created by Grantee or that Grantee acquired rights in prior to the Effective Date of this Contract (“Incorporated Pre-existing Works”), Grantee retains ownership of such Incorporated Pre-existing Works, and Grantee hereby grants to System Agency an irrevocable, perpetual, non-exclusive, royalty-free, transferable, worldwide right and license, with the right to sublicense, to use, modify, copy, create derivative works of, publish, publicly perform and display, sell, offer to sell, make and have made, the Incorporated Pre- existing Works, in any medium, with or without the associated Work Product. Grantee represents, warrants, and covenants to System Agency that Grantee has all necessary right and authority to grant the foregoing license in the Incorporated Pre-existing Works to System Agency. 6.3 AGREEMENTS WITH EMPLOYEES AND SUBCONTRACTORS Grantee shall have written, binding agreements with its employees and subcontractors that include provisions sufficient to give effect to and enable Grantee’s compliance with Grantee’s obligations under this Article VI. 6.4 DELIVERY UPON TERMINATION OR EXPIRATION No later than the first calendar day after the termination or expiration of the Contract or upon System Agency’s request, Grantee shall deliver to System Agency all completed, or partially completed, Work Product, including any Incorporated Pre-existing Works, and any and all versions thereof. Grantee’s failure to timely deliver such Work Product is a material breach of the Contract. Grantee will not retain any copies of the Work Product or any documentation or other products or results of Grantee’s activities under the Contract without the prior written consent of System Agency. 6.5 SURVIVAL The provisions and obligations of this Article VI survive any termination or expiration of the Contract. DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C HHSC Grantee Uniform Terms and Conditions Page 13 of 21 v. 2.16.1 Effective 03/26/2019 ARTICLE VII. RECORDS, AUDIT, AND DISCLOSURE 7.1 BOOKS AND RECORDS Grantee shall keep and maintain under GAAP or GASB, as applicable, full, true, and complete records necessary to fully disclose to the System Agency, the Texas State Auditor’s Office, the United States Government, and their authorized representatives sufficient information to determine compliance with the terms and conditions of this Contract and all state and federal rules, regulations, and statutes. Unless otherwise specified in this Contract, Grantee shall maintain legible copies of this Contract and all related documents for a minimum of seven (7) years after the termination of the Contract period or seven (7) years after the completion of any litigation or dispute involving the Contract, whichever is later. 7.2 ACCESS TO RECORDS, BOOKS, AND DOCUMENTS In addition to any right of access arising by operation of law, Grantee and any of Grantee’s affiliate or subsidiary organizations, or Subcontractors shall permit the System Agency or any of its duly authorized representatives, as well as duly authorized federal, state or local authorities, unrestricted access to and the right to examine any site where business is conducted or services are performed, and all records, which includes but is not limited to financial, client and patient records, books, papers or documents related to this Contract. If the Contract includes federal funds, federal agencies that shall have a right of access to records as described in this section include: the federal agency providing the funds, the Comptroller General of the United States, the General Accounting Office, the Office of the Inspector General, and any of their authorized representatives. In addition, agencies of the State of Texas that shall have a right of access to records as described in this section include: the System Agency, HHSC, HHSC's contracted examiners, the State Auditor’s Office, the Office of the Texas Attorney General, and any successor agencies. Each of these entities may be a duly authorized authority. If deemed necessary by the System Agency or any duly authorized authority, for the purpose of investigation or hearing, Grantee shall produce original documents related to this Contract. The System Agency and any duly authorized authority shall have the right to audit billings both before and after payment, and all documentation that substantiates the billings. Grantee shall include this provision concerning the right of access to, and examination of, sites and information related to this Contract in any Subcontract it awards. 7.3 RESPONSE/COMPLIANCE WITH AUDIT OR INSPECTION FINDINGS A. Grantee must act to ensure its and its Subcontractors’ compliance with all corrections necessary to address any finding of noncompliance with any law, regulation, audit requirement, or generally accepted accounting principle, or any other deficiency identified in any audit, review, or inspection of the Contract and the services and Deliverables provided. Any such correction will be at Grantee’s or its Subcontractor's sole expense. Whether Grantee's action corrects the noncompliance shall be solely the decision of the System Agency. B. As part of the services, Grantee must provide to HHSC upon request a copy of those portions of Grantee's and its Subcontractors' internal audit reports relating to the services and Deliverables provided to the State under the Contract. DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C HHSC Grantee Uniform Terms and Conditions Page 14 of 21 v. 2.16.1 Effective 03/26/2019 7.4 SAO AUDIT A. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the Contract or indirectly through a subcontract under the Contract. The acceptance of funds directly under the Contract or indirectly through a subcontract under the Contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. B. Grantee shall comply with any rules and procedures of the state auditor in the implementation and enforcement of Section 2262.154 of the Texas Government Code. 7.5 CONFIDENTIALITY Grantee shall maintain as confidential, and shall not disclose to third parties without System Agency’s prior written consent, any System Agency information including but not limited to System Agency’s business activities, practices, systems, conditions and services. This section will survive termination or expiration of this Contract. ARTICLE VIII. CONTRACT REMEDIES AND EARLY TERMINATION 8.1 CONTRACT REMEDIES To ensure Grantee’s full performance of the Contract and compliance with applicable law, the System Agency reserves the right to hold Grantee accountable for breach of contract or substandard performance and may take remedial or corrective actions, including, but not limited to: i. suspending all or part of the Contract; ii. requiring the Grantee to take specific actions in order to remain in compliance with the Contract; iii. recouping payments made by the System Agency to the Grantee found to be in error; iv. suspending, limiting, or placing conditions on the Grantee’s continued performance of the Project; v. imposing any other remedies, sanctions or penalties authorized under this Contract or permitted by federal or state statute, law, regulation or rule. 8.2 TERMINATION FOR CONVENIENCE The System Agency may terminate the Contract at any time when, in its sole discretion, the System Agency determines that termination is in the best interests of the State of Texas. The termination will be effective on the date specified in HHSC’s notice of termination. The System Agency’s right to terminate the Contract for convenience is cumulative of all rights and remedies which exist now or in the future. 8.3 TERMINATION FOR CAUSE Except as otherwise provided by the U.S. Bankruptcy Code, or any successor law, the System Agency may terminate the Contract, in whole or in part, upon either of the following conditions: DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C HHSC Grantee Uniform Terms and Conditions Page 15 of 21 v. 2.16.1 Effective 03/26/2019 i. Material Breach The System Agency will have the right to terminate the Contract in whole or in part if the System Agency determines, in its sole discretion, that Grantee has materially breached the Contract or has failed to adhere to any laws, ordinances, rules, regulations or orders of any public authority having jurisdiction and such violation prevents or substantially impairs performance of Grantee’s duties under the Contract. Grantee's misrepresentation in any aspect of Grantee’s Solicitation Response, if any, or Grantee's addition to the Excluded Parties List System (EPLS) will also constitute a material breach of the Contract. ii. Failure to Maintain Financial Viability The System Agency may terminate the Contract if, in its sole discretion, the System Agency has a good faith belief that Grantee no longer maintains the financial viability required to complete the services and Deliverables, or otherwise fully perform its responsibilities under the Contract. ARTICLE IX. MISCELLANEOUS PROVISIONS 9.1 AMENDMENT The Contract may only be amended by an Amendment executed by both Parties. 9.2 INSURANCE A. Unless otherwise specified in this Contract, Grantee shall acquire and maintain, for the duration of this Contract, insurance coverage necessary to ensure proper fulfillment of this Contract and potential liabilities thereunder with financially sound and reputable insurers licensed by the Texas Department of Insurance, in the type and amount customarily carried within the industry as determined by the System Agency. Grantee shall provide evidence of insurance as required under this Contract, including a schedule of coverage or underwriter’s schedules establishing to the satisfaction of the System Agency the nature and extent of coverage granted by each such policy, upon request by the System Agency. In the event that any policy is determined by the System Agency to be deficient to comply with the terms of this Contract, Grantee shall secure such additional policies or coverage as the System Agency may reasonably request or that are required by law or regulation. If coverage expires during the term of this Contract, Grantee must produce renewal certificates for each type of coverage. B. These and all other insurance requirements under the Contract apply to both Grantee and its Subcontractors, if any. Grantee is responsible for ensuring its Subcontractors' compliance with all requirements. 9.3 LEGAL OBLIGATIONS Grantee shall comply with all applicable federal, state, and local laws, ordinances, and regulations, including all federal and state accessibility laws relating to direct and indirect use of information and communication technology. Grantee shall be deemed to have knowledge of all applicable laws and regulations and be deemed to understand them. DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C HHSC Grantee Uniform Terms and Conditions Page 16 of 21 v. 2.16.1 Effective 03/26/2019 9.4 PERMITTING AND LICENSURE At Grantee's sole expense, Grantee shall procure and maintain for the duration of this Contract any state, county, city, or federal license, authorization, insurance, waiver, permit, qualification or certification required by statute, ordinance, law, or regulation to be held by Grantee to provide the goods or services required by this Contract. Grantee shall be responsible for payment of all taxes, assessments, fees, premiums, permits, and licenses required by law. Grantee shall be responsible for payment of any such government obligations not paid by its Subcontractors during performance of this Contract. 9.5 INDEMNITY A. GRANTEE SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND SYSTEM AGENCY, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES ARISING OUT OF OR RESULTING FROM ANY ACTS OR OMISSIONS OF GRANTEE OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT AND ANY PURCHASE ORDERS ISSUED UNDER THE CONTRACT. THE DEFENSE SHALL BE COORDINATED BY GRANTEE WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND GRANTEE MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. GRANTEE AND SYSTEM AGENCY AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. B. THIS PARAGRAPH IS NOT INTENDED TO AND SHALL NOT BE CONSTRUED TO REQUIRE GRANTEE TO INDEMNIFY OR HOLD HARMLESS THE STATE OR THE SYSTEM AGENCY FOR ANY CLAIMS OR LIABILITIES RESULTING FROM THE NEGLEGENT ACTS OR OMISSIONS OF THE SYSTEM AGENCY OR ITS EMPLOYEES. C. For the avoidance of doubt, System Agency shall not indemnify Grantee or any other entity under the Contract. 9.6 ASSIGNMENTS A. Grantee may not assign all or any portion of its rights under, interests in, or duties required under this Contract without prior written consent of the System Agency, which may be withheld or granted at the sole discretion of the System Agency. Except where otherwise agreed in writing by the System Agency, assignment will not release Grantee from its obligations under the Contract. B. Grantee understands and agrees the System Agency may in one or more transactions assign, pledge, or transfer the Contract. This assignment will only be made to another State agency or a non-state agency that is contracted to perform agency support. DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C HHSC Grantee Uniform Terms and Conditions Page 17 of 21 v. 2.16.1 Effective 03/26/2019 9.7 INDEPENDENT CONTRACTOR Grantee and Grantee’s employees, representatives, agents, Subcontractors, suppliers, and third-party service providers shall serve as independent contractors in providing the services under the Contract. Neither Grantee nor System Agency is an agent of the other and neither may make any commitments on the other party’s behalf. Should Grantee subcontract any of the services required in the Contract, Grantee expressly understands and acknowledges that in entering such subcontract(s), System Agency is in no manner liable to any Subcontractor(s) of Grantee. In no event shall this provision relieve Grantee of the responsibility for ensuring that the services performed under all subcontracts are rendered in compliance with the Contract. Grantee shall have no claim against System Agency for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind. The Contract shall not create any joint venture, partnership, agency, or employment relationship between Grantee and System Agency. 9.8 TECHNICAL GUIDANCE LETTERS In the sole discretion of the System Agency, and in conformance with federal and state law, the System Agency may issue instructions, clarifications, or interpretations as may be required during work performance in the form of a Technical Guidance Letter (TGL). A TGL must be in writing, and may be delivered by regular mail, electronic mail, or facsimile transmission. Any TGL issued by the System Agency will be incorporated into the Contract by reference for all purposes when it is issued. 9.9 DISPUTE RESOLUTION A. The dispute resolution process provided for in Chapter 2260 of the Texas Government Code must be used to attempt to resolve any dispute arising under the Contract. B. If a contract dispute arises that cannot be resolved to the satisfaction of the Parties, either Party may notify the other Party in writing of the dispute. If the Parties are unable to satisfactorily resolve the dispute within fourteen (14) days of the written notification, the Parties must use the dispute resolution process provided for in Chapter 2260 of the Texas Government Code to attempt to resolve the dispute. This provision will not apply to any matter with respect to which either Party may make a decision within its respective sole discretion. 9.10 GOVERNING LAW AND VENUE The Contract shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflicts of law provisions. The venue of any suit arising under the Contract is fixed in any court of competent jurisdiction of Travis County, Texas, unless the specific venue is otherwise identified in a statute which directly names or otherwise identifies its applicability to the System Agency. 9.11 SEVERABILITY If any provision contained in this Contract is held to be unenforceable by a court of law or equity, this Contract shall be construed as if such provision did not exist and the non- DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C HHSC Grantee Uniform Terms and Conditions Page 18 of 21 v. 2.16.1 Effective 03/26/2019 enforceability of such provision shall not be held to render any other provision or provisions of this Contract unenforceable. 9.12 SURVIVABILITY Expiration or termination of the Contract for any reason does not release Grantee from any liability or obligation set forth in the Contract that is expressly stated to survive any such expiration or termination, that by its nature would be intended to be applicable following any such expiration or termination, or that is necessary to fulfill the essential purpose of the Contract, including without limitation the provisions regarding warranty, indemnification, confidentiality, and rights and remedies upon termination. 9.13 FORCE MAJEURE Neither Grantee nor System Agency shall be liable to the other for any delay in, or failure of performance, of any requirement included in the Contract caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed provided the non-performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome. 9.14 NO WAIVER OF PROVISIONS The failure of the System Agency to object to or to take affirmative action with respect to any conduct of the Grantee which is in violation or breach of the terms of the Contract shall not be construed as a waiver of the violation or breach, or of any future violation or breach. 9.15 PUBLICITY A. Except as provided in the paragraph below, Grantee must not use the name of, or directly or indirectly refer to, the System Agency, the State of Texas, or any other State agency in any media release, public announcement, or public disclosure relating to the Contract or its subject matter, including in any promotional or marketing materials, customer lists, or business presentations. B. Grantee may publish, at its sole expense, results of Grantee performance under the Contract with the System Agency’s prior review and approval, which the System Agency may exercise at its sole discretion. Any publication (written, visual, or sound) will acknowledge the support received from the System Agency and any Federal agency, as appropriate. C. Contractor is prohibited from using the Work for any Contractor or third party marketing, advertising, or promotional activities, without the prior written consent of System Agency. The foregoing prohibition includes, without limitation, the placement of banners, pop-up ads, or other advertisements promoting Contractor’s or a third party’s products, services, workshops, trainings, or other commercial offerings on any website portal or internet-based service or software application hosted or managed by Contractor as part of the Work. DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C HHSC Grantee Uniform Terms and Conditions Page 19 of 21 v. 2.16.1 Effective 03/26/2019 9.16 PROHIBITION ON NON-COMPETE RESTRICTIONS Grantee shall not require any employees or Subcontractors to agree to any conditions, such as non-compete clauses or other contractual arrangements that would limit or restrict such persons or entities from employment or contracting with the State of Texas. 9.17 NO WAIVER OF SOVEREIGN IMMUNITY Nothing in the Contract will be construed as a waiver of the System Agency’s or the State’s sovereign immunity. This Contract shall not constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to the System Agency or the State of Texas. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to the System Agency or the State of Texas under the Contract or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. System Agency does not waive any privileges, rights, defenses, or immunities available to System Agency by entering into the Contract or by its conduct prior to or subsequent to entering into the Contract. 9.18 ENTIRE CONTRACT AND MODIFICATION The Contract constitutes the entire agreement of the Parties and is intended as a complete and exclusive statement of the promises, representations, negotiations, discussions, and other agreements that may have been made in connection with the subject matter hereof. Any additional or conflicting terms in any future document incorporated into the Contract will be harmonized with this Contract to the extent possible. 9.19 COUNTERPARTS This Contract may be executed in any number of counterparts, each of which will be an original, and all such counterparts will together constitute but one and the same Contract. 9.20 PROPER AUTHORITY Each Party represents and warrants that the person executing this Contract on its behalf has full power and authority to enter into this Contract. 9.21 E-VERIFY PROGRAM Grantee certifies that it utilizes and will continue to utilize the U.S. Department of Homeland Security's E-Verify system to determine the eligibility of: i. all persons employed to perform duties within Texas during the term of the Contract; and ii. all persons, (including subcontractors) assigned by the Grantee to perform work pursuant to the Contract within the United States of America. 9.22 CIVIL RIGHTS A. Grantee agrees to comply with state and federal anti-discrimination laws, including: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.); ii. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794); iii. Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); iv. Age Discrimination Act of 1975 (42 U.S.C. §§6101-6107); DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C HHSC Grantee Uniform Terms and Conditions Page 20 of 21 v. 2.16.1 Effective 03/26/2019 v. Title IX of the Education Amendments of 1972 (20 U.S.C. §§1681-1688); vi. Food and Nutrition Act of 2008 (7 U.S.C. §2011 et seq.); and vii. The System Agency's administrative rules, as set forth in the Texas Administrative Code, to the extent applicable to this Contract. B. Grantee agrees to comply with all amendments to the above-referenced laws, and all requirements imposed by the regulations issued pursuant to these laws. These laws provide in part that no persons in the United States may, on the grounds of race, color, national origin, sex, age, disability, political beliefs, or religion, be excluded from participation in or denied any aid, care, service or other benefits provided by Federal or State funding, or otherwise be subjected to discrimination. C. Grantee agrees to comply with Title VI of the Civil Rights Act of 1964, and its implementing regulations at 45 C.F.R. Part 80 or 7 C.F.R. Part 15, prohibiting a contractor from adopting and implementing policies and procedures that exclude or have the effect of excluding or limiting the participation of clients in its programs, benefits, or activities on the basis of national origin. State and federal civil rights laws require contractors to provide alternative methods for ensuring access to services for applicants and recipients who cannot express themselves fluently in English. Grantee agrees to take reasonable steps to provide services and information, both orally and in writing, in appropriate languages other than English, in order to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits, and activities. D. Grantee agrees to post applicable civil rights posters in areas open to the public informing clients of their civil rights and including contact information for the HHS Civil Rights Office. The posters are available on the HHS website at: http://hhscx.hhsc.texas.gov/system-support- services/civil-rights/publications E. Grantee agrees to comply with Executive Order 13279, and its implementing regulations at 45 C.F.R. Part 87 or 7 C.F.R. Part 16. These provide in part that any organization that participates in programs funded by direct financial assistance from the United States Department of Agriculture or the United States Department of Health and Human Services shall not discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. F. Upon request, Grantee shall provide HHSC’s Civil Rights Office with copies of the Grantee’s civil rights policies and procedures. G. Grantee must notify HHSC’s Civil Rights Office of any civil rights complaints received relating to its performance under this Contract. This notice must be delivered no more than ten (10) calendar days after receipt of a complaint. Notice provided pursuant to this section must be directed to: HHSC Civil Rights Office 701 W. 51st Street, Mail Code W206 Austin, Texas 78751 Phone Toll Free: (888) 388-6332 Phone: (512) 438-4313 TTY Toll Free: (877) 432-7232 Fax: (512) 438-5885. DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C HHSC Grantee Uniform Terms and Conditions Page 21 of 21 v. 2.16.1 Effective 03/26/2019 9.23 SYSTEM AGENCY DATA As between the Parties, all data and information acquired, accessed, or made available to Contractor by or through System Agency or System Agency contractors, including all electronic data generated, processed, transmitted, or stored by Contractor in the course of providing data processing services in connection with Contractor’s performance hereunder, (the “System Agency Data”), is owned solely by System Agency. Contractor has no right or license to use, analyze, aggregate, transmit, create derivatives of, copy, disclose, or process the System Agency Data except as required for Contractor to fulfill its obligations under the Contract or as authorized in advance in writing by System Agency. For the avoidance of doubt, Contractor is expressly prohibited from using, and from permitting any third party to use, System Agency Data for marketing, research, or other non-governmental or commercial purposes, without the prior written consent of System Agency. DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C HEALTH AND HUMAN SERVICES Health and Human Services Contract Affirmations v. 1.7 Effective November 2020 Page 1 of 10 CONTRACT AFFIRMATIONS For purposes of these Contract Affirmations, HHS includes both the Health and Human Services Commission (HHSC) and the Department of State Health Services (DSHS). System Agency refers to HHSC, DSHS, or both, that will be a party to this Contract. These Contract Affirmations apply to all Contractors regardless of their business form (e.g., individual, partnership, corporation). By entering into this Contract, Contractor affirms, without exception, understands, and agrees to comply with the following items through the life of the Contract: 1.Contractor represents and warrants that these Contract Affirmations apply to Contractor and all of Contractor's principals, officers, directors, shareholders, partners, owners, agents, employees, subcontractors, independent contractors, and any other representatives who may provide services under, who have a financial interest in, or otherwise are interested in this Contract and any related Solicitation. 2.Complete and Accurate Information Contractor represents and warrants that all statements and information provided to HHS are current, complete, and accurate. This includes all statements and information in this Contract and any related Solicitation Response. 3.Public Information Act Contractor understands that HHS will comply with the Texas Public Information Act (Chapter 552 of the Texas Government Code) as interpreted by judicial rulings and opinions of the Attorney General of the State of Texas. Information, documentation, and other material prepared and submitted in connection with this Contract or any related Solicitation may be subject to public disclosure pursuant to the Texas Public Information Act. In accordance with Section 2252.907 of the Texas Government Code, Contractor is required to make any information created or exchanged with the State pursuant to the Contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the State. 4.Contracting Information Requirements Contractor represents and warrants that it will comply with the requirements of Section 552.372(a) of the Texas Government Code. Except as provided by Section 552.374(c) of the Texas Government Code, the requirements of Subchapter J (Additional Provisions Related to Contracting Information), Chapter 552 of the Government Code, may apply to the 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. ATTACHMENT D DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C A Health and Human Services Contract Affirmations v. 1.7 Effective November 2020 Page 2 of 10 5.Assignment A.Contractor shall not assign its rights under the contract or delegate the performance of its duties under the contract without prior written approval from System Agency. Any attempted assignment in violation of this provision is void and without effect. B.Contractor understands and agrees the System Agency may in one or more transactions assign, pledge, or transfer the Contract. Upon receipt of System Agency’s notice of assignment, pledge, or transfer, Contractor shall cooperate with System Agency in giving effect to such assignment, pledge, or transfer, at no cost to System Agency or to the recipient entity. 6.Terms and Conditions Contractor accepts the Solicitation terms and conditions unless specifically noted by exceptions advanced in the form and manner directed in the Solicitation, if any, under which this Contract was awarded. Contractor agrees that all exceptions to the Solicitation, as well as terms and conditions advanced by Contractor that differ in any manner from HHS’ terms and conditions, if any, are rejected unless expressly accepted by System Agency in writing. 7.HHS Right to Use Contractor agrees that HHS has the right to use, produce, and distribute copies of and to disclose to HHS employees, agents, and contractors and other governmental entities all or part of this Contract or any related Solicitation Response as HHS deems necessary to complete the procurement process or comply with state or federal laws. 8.Release from Liability Contractor generally releases from liability and waives all claims against any party providing information about the Contractor at the request of System Agency. 9.Dealings with Public Servants Contractor has not given, has not offered to give, and does not 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 in connection with this Contract or any related Solicitation, or related Solicitation Response. 10.Financial Participation Prohibited Under Section 2155.004, Texas Government Code (relating to financial participation in preparing solicitations), Contractor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive this Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 11.Prior Disaster Relief Contract Violation Under Sections 2155.006 and 2261.053 of the Texas Government Code (relating to convictions and penalties regarding Hurricane Rita, Hurricane Katrina, and other disasters), the Contractor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive this Contract and DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C Health and Human Services Contract Affirmations v. 1.7 Effective November 2020 Page 3 of 10 acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 12.Child Support Obligation Under Section 231.006(d) of the Texas Family Code regarding child support, Contractor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive the specified payment and acknowledges that the Contract may be terminated and payment may be withheld if this certification is inaccurate. 13.Suspension and Debarment Contractor 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. This certification is made pursuant to the regulations implementing Executive Order 12549 and Executive Order 12689, Debarment and Suspension, 2 C.F.R. Part 376, and any relevant regulations promulgated by the Department or Agency funding this project. This provision shall be included in its entirety in Contractor’s subcontracts, if any, if payment in whole or in part is from federal funds. 14.Excluded Parties Contractor certifies that it is not listed in the prohibited vendors list authorized by Executive Order 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.’ 15.Foreign Terrorist Organizations Contractor represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code. 16.Executive Head of a State Agency In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, Contractor certifies that it is not (1) the executive head of an HHS agency, (2) a person who at any time during the four years before the date of this Contract was the executive head of an HHS agency, or (3) a person who employs a current or former executive head of an HHS agency. 17. Human Trafficking Prohibition Under Section 2155.0061 of the Texas Government Code, Contractor certifies that the individual or business entity named in this Contract is not ineligible to receive this contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C Health and Human Services Contract Affirmations v. 1.7 Effective November 2020 Page 4 of 10 18. Franchise Tax Status Contractor represents and warrants that it is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171 of the Texas Tax Code. 19.Debts and Delinquencies Contractor agrees that any payments due under this Contract shall be applied towards any debt or delinquency that is owed to the State of Texas. 20. Lobbying Prohibition Contractor represents and warrants that payments to Contractor and Contractor's receipt of appropriated or other funds under this Contract or any related Solicitation are not prohibited by Sections 556.005, 556.0055, or 556.008 of the Texas Government Code (relating to use of appropriated money or state funds to employ or pay lobbyists, lobbying expenses, or influence legislation). 21. Buy Texas Contractor agrees to comply with Section 2155.4441 of the Texas Government Code, requiring the purchase of products and materials produced in the State of Texas in performing service contracts. 22.Disaster Recovery Plan Contractor agrees that upon request of System Agency, Contractor shall provide copies of its most recent business continuity and disaster recovery plans. 23.Computer Equipment Recycling Program If this Contract is for the purchase or lease of computer equipment, then Contractor certifies that it is in compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in 30 TAC Chapter 328. 24.Television Equipment Recycling Program If this Contract is for the purchase or lease of covered television equipment, then Contractor certifies that it is compliance with Subchapter Z, Chapter 361 of the Texas Health and Safety Code related to the Television Equipment Recycling Program. 25.Cybersecurity Training A.Contractor represents and warrants that it will comply with the requirements of Section 2054.5192 of the Texas Government Code relating to cybersecurity training and required verification of completion of the training program. B.Contractor represents and warrants that if Contractor or Subcontractors, officers, or employees of Contractor have access to any state computer system or database, the Contractor, Subcontractors, officers, and employees of Contractor shall complete cybersecurity training pursuant to and in accordance with Government Code, Section 2054.5192. DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C Health and Human Services Contract Affirmations v. 1.7 Effective November 2020 Page 5 of 10 26.Restricted Employment for Certain State Personnel Contractor acknowledges that, pursuant to Section 572.069 of the Texas Government Code, a former state officer or employee of a state agency who during the period of state service or employment participated on behalf of a state agency in a procurement or contract negotiation involving Contractor may not accept employment from Contractor before the second anniversary of the date the Contract is signed or the procurement is terminated or withdrawn. 27.No Conflicts of Interest A.Contractor represents and warrants that it has no actual or potential conflicts of interest in providing the requested goods or services to System Agency under this Contract or any related Solicitation and that Contractor’s provision of the requested goods and/or services under this Contract and any related Solicitation will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety. B.Contractor agrees that, if after execution of the Contract, Contractor discovers or is made aware of a Conflict of Interest, Contractor will immediately and fully disclose such interest in writing to System Agency. In addition, Contractor will promptly and fully disclose any relationship that might be perceived or represented as a conflict after its discovery by Contractor or by System Agency as a potential conflict. System Agency reserves the right to make a final determination regarding the existence of Conflicts of Interest, and Contractor agrees to abide by System Agency’s decision. 28. Fraud, Waste, and Abuse Contractor understands that HHS does not tolerate any type of fraud, waste, or abuse. Violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. Pursuant to Texas Government Code, Section 321.022, if the administrative head of a department or entity that is subject to audit by the state auditor has reasonable cause to believe that money received from the state by the department or entity or by a client or contractor of the department or entity may have been lost, misappropriated, or misused, or that other fraudulent or unlawful conduct has occurred in relation to the operation of the department or entity, the administrative head shall report the reason and basis for the belief to the Texas State Auditor’s Office (SAO). All employees or contractors who have reasonable cause to believe that fraud, waste, or abuse has occurred (including misconduct by any HHS employee, Grantee officer, agent, employee, or subcontractor that would constitute fraud, waste, or abuse) are required to immediately report the questioned activity to the Health and Human Services Commission's Office of Inspector General. Contractor agrees to comply with all applicable laws, rules, regulations, and System Agency policies regarding fraud, waste, and abuse including, but not limited to, HHS Circular C-027. A report to the SAO must be made through one of the following avenues: ● SAO Toll Free Hotline: 1-800-TX-AUDIT ● SAO website: http://sao.fraud.state.tx.us/ All reports made to the OIG must be made through one of the following avenues: ● OIG Toll Free Hotline 1-800-436-6184 DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C Health and Human Services Contract Affirmations v. 1.7 Effective November 2020 Page 6 of 10 ● OIG Website: ReportTexasFraud.com ● Internal Affairs Email: InternalAffairsReferral@hhsc.state.tx.us ● OIG Hotline Email: OIGFraudHotline@hhsc.state.tx.us. ● OIG Mailing Address: Office of Inspector General Attn: Fraud Hotline MC 1300 P.O. Box 85200 Austin, Texas 78708-5200 29.Antitrust The undersigned affirms under penalty of perjury of the laws of the State of Texas that: A.in connection with this Contract and any related Solicitation Response, neither I nor any representative of the Contractor has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; B.in connection with this Contract and any related Solicitation Response, neither I nor any representative of the Contractor has violated any federal antitrust law; and C.neither I nor any representative of the Contractor has directly or indirectly communicated any of the contents of this Contract and any related Solicitation Response to a competitor of the Contractor or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Contractor. 30. Legal and Regulatory Actions Contractor represents and warrants that it is not aware of and has received no notice of any court or governmental agency proceeding, investigation, or other action pending or threatened against Contractor or any of the individuals or entities included in numbered paragraph 1 of these Contract Affirmations within the five (5) calendar years immediately preceding execution of this Contract or the submission of any related Solicitation Response that would or could impair Contractor’s performance under this Contract, relate to the contracted or similar goods or services, or otherwise be relevant to System Agency’s consideration of entering into this Contract. If Contractor is unable to make the preceding representation and warranty, then Contractor instead represents and warrants that it has provided to System Agency a complete, detailed disclosure of any such court or governmental agency proceeding, investigation, or other action that would or could impair Contractor’s performance under this Contract, relate to the contracted or similar goods or services, or otherwise be relevant to System Agency’s consideration of entering into this Contract. In addition, Contractor acknowledges this is a continuing disclosure requirement. Contractor represents and warrants that Contractor shall notify System Agency in writing within five (5) business days of any changes to the representations or warranties in this clause and understands that failure to so timely update System Agency shall constitute breach of contract and may result in immediate contract termination. DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C Health and Human Services Contract Affirmations v. 1.7 Effective November 2020 Page 7 of 10 31. No Felony Criminal Convictions Contractor represents that neither Contractor nor any of its employees, agents, or representatives, including any subcontractors and employees, agents, or representative of such subcontractors, have been convicted of a felony criminal offense or that if such a conviction has occurred Contractor has fully advised System Agency in writing of the facts and circumstances surrounding the convictions. 32.Unfair Business Practices Contractor represents and warrants that it has not been the subject of allegations of Deceptive Trade Practices violations under Chapter 17 of the Texas Business and Commerce Code, or allegations of any unfair business practice in any administrative hearing or court suit and that Contractor has not been found to be liable for such practices in such proceedings. Contractor certifies that it has no officers who have served as officers of other entities who have been the subject of allegations of Deceptive Trade Practices violations or allegations of any unfair business practices in an administrative hearing or court suit and that such officers have not been found to be liable for such practices in such proceedings. 33.Entities that Boycott Israel Contractor represents and warrants that (1) it does not, and shall not for the duration of the Contract, boycott Israel or (2) the verification required by Section 2271.002 of the Texas Government Code does not apply to the Contract. If circumstances relevant to this provision change during the course of the contract, Contractor shall promptly notify System Agency. 34. E-Verify Contractor certifies that for contracts for services, Contractor shall utilize the U.S. Department of Homeland Security’s E-Verify system during the term of this Contract to determine the eligibility of: 1. all persons employed by Contractor to perform duties within Texas; and 2.all persons, including subcontractors, assigned by Contractor to perform work pursuant to this Contract within the United States of America. 35.Former Agency Employees – Certain Contracts If this Contract is an employment contract, a professional services contract under Chapter 2254 of the Texas Government Code, or a consulting services contract under Chapter 2254 of the Texas Government Code, in accordance with Section 2252.901 of the Texas Government Code, Contractor represents and warrants that neither Contractor nor any of Contractor’s employees including, but not limited to, those authorized to provide services under the contract, were former employees of an HHS Agency during the twelve (12) month period immediately prior to the date of the execution of the contract. DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C Health and Human Services Contract Affirmations v. 1.7 Effective November 2020 Page 8 of 10 36.Disclosure of Prior State Employment – Consulting Services If this Contract is for consulting services, A.In accordance with Section 2254.033 of the Texas Government Code, a Contractor providing consulting services who has been employed by, or employs an individual who has been employed by, System Agency or another State of Texas agency at any time during the two years preceding the submission of Contractor’s offer to provide services must disclose the following information in its offer to provide services. Contractor hereby certifies that this information was provided and remains true, correct, and complete: 1. Name of individual(s) (Contractor or employee(s)); 2.Status; 3.The nature of the previous employment with HHSC or the other State of Texas agency; 4.The date the employment was terminated and the reason for the termination; and 5.The annual rate of compensation for the employment at the time of its termination. B.If no information was provided in response to Section A above, Contractor certifies that neither Contractor nor any individual employed by Contractor was employed by System Agency or any other State of Texas agency at any time during the two years preceding the submission of Contractor’s offer to provide services. 37.Abortion Funding Limitation Contractor understands, acknowledges, and agrees that, pursuant to Article IX, Section 6.25 of the General Appropriations Act (the Act), to the extent allowed by federal and state law, money appropriated by the Texas Legislature may not be distributed to any individual or entity that, during the period for which funds are appropriated under the Act: 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. The provision does not apply to a hospital licensed under Chapter 241, Health and Safety Code, or an office exempt under Section 245.004(2), Health and Safety Code. Contractor represents and warrants that it is not ineligible, nor will it be ineligible during the term of this Contract, to receive appropriated funding pursuant to Article IX, Section 6.25. 38.Funding Eligibility Contractor understands, acknowledges, and agrees that, pursuant to Chapter 2272 of the Texas Government Code, except as exempted under that Chapter, HHSC cannot contract with an abortion provider or an affiliate of an abortion provider. Contractor certifies that it is not ineligible to contract with HHSC under the terms of Chapter 2272 of the Texas Government Code. DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C Health and Human Services Contract Affirmations v. 1.7 Effective November 2020 Page 9 of 10 39.Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment (2 CFR 200.216) Contractor certifies that the individual or business entity named in this Response or contract is not ineligible to receive the specified contract or funding pursuant to 2 CFR 200.216. 40.False Representation Contractor understands, acknowledges, and agrees that any false representation or any failure to comply with a representation, warranty, or certification made by Contractor is subject to all civil and criminal consequences provided at law or in equity including, but not limited to, immediate termination of this Contract. 41.False Statements Contractor represents and warrants that all statements and information prepared and submitted by Contractor in this Contract and any related Solicitation Response are current, complete, true, and accurate. Contractor acknowledges any false statement or material misrepresentation made by Contractor during the performance of this Contract or any related Solicitation is a material breach of contract and may void this Contract. Further, Contractor understands, acknowledges, and agrees that any false representation or any failure to comply with a representation, warranty, or certification made by Contractor is subject to all civil and criminal consequences provided at law or in equity including, but not limited to, immediate termination of this Contract. 42.Permits and License Contractor represents and warrants that it will comply with all applicable laws and maintain all permits and licenses required by applicable city, county, state, and federal rules, regulations, statutes, codes, and other laws that pertain to this Contract. 43.Drug-Free Workplace Contractor represents and warrants that it shall comply with the applicable provisions of the Drug-Free Work Place Act of 1988 (41 U.S.C. §701 et seq.) and maintain a drug-free work environment. 44.Equal Employment Opportunity Contractor represents and warrants its compliance with all applicable duly enacted state and federal laws governing equal employment opportunities. 45. Federal Occupational Safety and Health Law Contractor represents and warrants that all articles and services shall meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Act of 1970, as amended (29 U.S.C. Chapter 15). DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C Health and Human Services Contract Affirmations v. 1.7 Effective November 2020 Page 10 of 10 46.Signature Authority Contractor represents and warrants that the individual signing this Contract Affirmations document is authorized to sign on behalf of Contractor and to bind the Contractor. Authorized representative on behalf of Contractor must complete and sign the following: Legal Name of Contractor Assumed Business Name of Contractor, if applicable (d/b/a or ‘doing business as’) Texas County(s) for Assumed Business Name (d/b/a or ‘doing business as’) Attach Assumed Name Certificate(s) filed with the Texas Secretary of State and Assumed Name Certificate(s), if any, for each Texas County Where Assumed Name Certificate(s) has been filed Signature of Authorized Representative Date Signed Printed Name of Authorized Representative First, Middle Name or Initial, and Last Name Title of Authorized Representative Physical Street Address City, State, Zip Code Mailing Address, if different City, State, Zip Code Phone Number Fax Number Email Address DUNS Number Federal Employer Identification Number Texas Payee ID No. – 11 digits Texas Franchise Tax Number Texas Secretary of State Filing Number DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C Annette Rodriguez Health Director v. 11.15.2016 Page 1 ATTACHMENT E Supplemental Conditions THE FOLLOWING SUPPLEMENTAL CONDITIONS APPLY TO THIS CONTRACT AND MODIFY THE HHS UNIFORM TERMS AND CONDITIONS Attachment C, HHS Uniform Terms and Conditions – Grant - Version 2.16.1, of this Contract is revised as follows: 1. Section 3.3, Debt and Deliquesces. This section is deleted in its entirety. 2. Section 9.2, Insurance. This section is modified to add a new Subsection C as follows: C. Notwithstanding the forgoing subsections, if Grantee is a state agency or department, district, authority, county, municipality, or other political subdivision of the state, then nothing in the Contract should be construed to restrict the Grantee’s right to self-insure in accordance with state law, or purchase insurance through the Texas Association of Counties or Texas Municipal League. 3. Section 9.5, Subsection A, Indemnity. This subsection is deleted in its entirety and replaced with the following: DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C v. 11.15.2016 Page 2 A. TO THE EXTENT PERMITTED BY THE LAWS AND CONSTITUTION OF THE STATE OF TEXAS, IF GRANTEE IS A STATE AGENCY OR DEPARTMENT, DISTRICT, AUTHORITY, COUNTY, MUNICIPALITY, OR OTHER POLITICAL SUBDIVISION OF THE STATE, GRANTEE SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND SYSTEM AGENCY, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES ARISING OUT OF OR RESULTING FROM ANY ACTS OR OMISSIONS OF GRANTEE OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT AND ANY PURCHASE ORDERS ISSUED UNDER THE CONTRACT. THE DEFENSE SHALL BE COORDINATED BY GRANTEE WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND GRANTEE MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. GRANTEE AND SYSTEM AGENCY AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. 4. Section 9.9, Dispute Resolution. This section is deleted in its entirety and replaced with the following: 9.9 Dispute Resolution The dispute resolution process provided in Chapter 2009 of the Texas Government Code is available to the parties to resolve any dispute arising under the agreement. SPECIAL CONDITIONS SECTION 1.01 NOTICE OF CONTRACT ACTION Grantee shall notify the assigned contract manager if Grantee has had any contract suspended or terminated for cause by any local, state or federal department or agency or nonprofit entity within five days of becoming aware of the action and include the following: a. Reason for such action; b. Name and contact information of the local, state or federal department or agency or entity; c. Date of the contract; d. Date of suspension or termination; and e. Contract or case reference number. SECTION 1.02 NOTICE OF BANKRUPTCY Grantee shall notify in writing to the assigned contract manager of its plan to seek DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C v. 11.15.2016 Page 3 bankruptcy protection within five days of such action by Grantee. SECTION 1.03 NOTICE OF CRIMINAL ACTIVITY AND DISCIPLINARY ACTIONS a. Grantee shall immediately report in writing to the assigned contract manager when Grantee has knowledge or any reason to believe that they or any person with ownership or controlling interest in the organization/business, or their agent, employee, contractor or volunteer that is providing services under this Contract has: 1. Engaged in any activity that could constitute a criminal offense equal to or greater than a Class A misdemeanor or grounds for disciplinary action by a state or federal regulatory authority; or 2. Been placed on community supervision, received deferred adjudication, or been indicted for or convicted of a criminal offense relating to involvement in any financial matter, federal or state program or felony sex crime. b. Grantee shall not permit any person who engaged, or was alleged to have engaged, in any activity subject to reporting under this section to perform direct client services or have direct contact with clients, unless otherwise directed in writing by the System Agency. SECTION 1.04 GRANTEE’S NOTIFICATION OF CHANGE OF CONTACT PERSON OR KEY PERSONNEL The Grantee shall notify in writing the assigned contract manager within ten days of any change to the Grantee’s Contact Person or Key Personnel. SECTION 1.05 DISASTER SERVICES In the event of a local, state, or federal emergency, including natural, man - made, criminal, terrorist, and/or bioterrorism events, declared as a state disaster by the Governor, or a federal disaster by the appropriate federal official, Grantee may be called upon to assist the System Agency in providing the following services: a. Health and medical assistance; b. Assessment of health and medical needs; c. Health surveillance; d. Medical care personnel; e. Health and medical equipment and supplies; f. Patient or community evacuation; g. In-hospital care and hospital facility status; h. Food, drug and medical device safety; i. Worker health and safety; j. Mental health and substance abuse; k. Public health information; l. Vector control and veterinary services; and m. Victim identification and mortuary services. The Grantee has the authority to utilize approximately 5% of staff’s time supporting this contract for response efforts. DSHS shall reimburse Grantee up to 5% of this contract funded by Center for Disease Control and Prevention (CDC) for personnel costs responding to an emergency event. Grantee shall maintain records to document the time spent on response efforts for auditing DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C v. 11.15.2016 Page 4 purposes. Allowable activities also include participation of drills and exercises in the pre-event time period. Grantee shall notify the assigned contract manager in writing when this provision is implemented. SECTION 1.06 INTERIM EXTENSION AMENDMENT a. Prior to or on the expiration date of this Contract, the Parties agree that this Contract can be extended as provided under this Section. b. The System Agency shall provide written notice of interim extension amendment to the Grantee under one of the following circumstances: 1. Continue provision of services in response to a disaster declared by the governor; or 2. To ensure that services are provided to clients without interruption. c. The System Agency will provide written notice of the interim extension amendment that specifies the reason for it and period of time for the extension. d. Grantee will provide and invoice for services in the same manner that is stated in the Contract. e. An interim extension under Section (b)(1) above shall extend the term of the contract not longer than 30 days after governor's disaster declaration is declared unless the Parties agree to a shorter period of time. f. An interim extension under Section (b)(2) above shall be a one-time extension for a period of time determined by the System Agency. DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C 1. OMB Number: 4040-0007 Expiration Date: 01/31/2019 ATTACHMENT F ASSURANCES - NON-CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE:Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U. S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3.Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4.Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5.Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6.Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C.§§1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Previous Edition Usable Standard Form 424B (Rev. 7-97) Prescribed by OMB Circular A-102Authorized for Local Reproduction 7.Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8.Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C A Standard Form 424B (Rev. 7-97) Back 9. 12. Will comply, as applicable, with the provisions of the Davis- Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333), regarding labor standards for federally-assisted construction subagreements. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 10.Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11.Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205). 13.Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 14.Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15.Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16.Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17.Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations." 18.Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE DATE SUBMITTEDAPPLICANT ORGANIZATION Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub-recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. 19. DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C Corpus Christi-Nueces County Public Health District Health Director Certification for Contracts, Grants, Loans, and Cooperative Agreements (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, ''Disclosure of Lobbying Activities,'' in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, ''Disclosure of Lobbying Activities,'' in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. * APPLICANT'S ORGANIZATION * SIGNATURE: * DATE: * PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE Suffix: Middle Name: * Title: * First Name: * Last Name: Prefix: CERTIFICATION REGARDING LOBBYING (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. The undersigned certifies, to the best of his or her knowledge and belief, that: Statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of his or her knowledge and belief, that: DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C Corpus Christi-Nueces County Public Health District Health Director Annette Rodriguez Attachment G Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION -1 - Department of State Health Services Form 4734 – June 2013 The certifications enumerated below represent material facts upon which DSHS relies when reporting information to the federal government required under federal law. If the Department later determines that the Contractor knowingly rendered an erroneous certification, DSHS may pursue all available remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written notice to DSHS if at any time Signor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. If the Signor cannot certify all of the statements contained in this section, Signor must provide written notice to DSHS detailing which of the below statements it cannot certify and why. Legal Name of Contractor: FFATA Contact # 1 Name, Email and Phone Number: Primary Address of Contractor: FFATA Contact #2 Name, Email and Phone Number: ZIP Code: 9-digits Required www.usps.com - DUNS Number: 9-digits Required www.sam.gov State of Texas Comptroller Vendor Identification Number (VIN) 14 Digits Printed Name of Authorized Representative Signature of Authorized Representative Title of Authorized Representative Date DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C A Health Director Annette Rodriguez -2 - Department of State Health Services Form 4734 – June 2013 Attachment G Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION As the duly authorized representative (Signor) of the Contractor, I hereby certify that the statements made by me in this certification form are true, complete and correct to the best of my knowledge. Did your organization have a gross income, from all sources, of less than $300,000 in your previous tax year? Yes No If your answer is "Yes", skip questions "A", "B", and "C" and finish the certification. If your answer is "No", answer questions "A" and "B". ________________________________________________________________________ A.Certification Regarding % of Annual Gross from Federal Awards. Did your organization receive 80% or more of its annual gross revenue from federal awards during the preceding fiscal year? Yes No B.Certification Regarding Amount of Annual Gross from Federal Awards. Did your organization receive $25 million or more in annual gross revenues from federal awards in the preceding fiscal year? Yes No If your answer is "Yes" to both question "A" and "B", you must answer question "C". If your answer is "No" to either question "A" or "B", skip question "C" and finish the certification. ________________________________________________________________________ C.Certification Regarding Public Access to Compensation Information. Does the public have access to information about the compensation of the seni or executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or sect ion 6104 of the Internal Revenue Code of 1986? Yes No If your answer is “Yes” to this question, where can this information be accessed? ________________________________________________________________________ If your answer is “No” to this question, you must provide the names and total compensation of the top five highly compensated officers below. For example: John Blum:500000;Mary Redd:50000;Eric Gant:400000;Todd Platt:300000; Sally Tom:300000 Provide compensation information here: DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C ATTACHMENT H DATA USE AGREEMENT BETWEEN THE TEXAS HEALTH AND HUMAN SERVICES SYSTEM AND CONTRACTOR This Data Use Agreement (“DUA”) is effective as of the date of the Base Contract into which it is incorporated (“Effective Date”), by and between the Texas Health and Human Services System, which includes the Texas Health and Human Services Commission and the Department of State Health Services (“HHS”) and Contractor (the "Base Contract"). ARTICLE 1. PURPOSE; APPLICABILITY; ORDER OF PRECEDENCE The purpose of this DUA is to facilitate access to, creation, receipt, maintenance, use, disclosure or transmission of Confidential Information with Contractor, and describe Contractor’s rights and obligations with respect to the Confidential Information and the limited purposes for which the Contractor may create, receive, maintain, use, disclose or have access to Confidential Information. This DUA also describes HHS’s remedies in the event of Contractor’s noncompliance with its obligations under this DUA. This DUA applies to both HHS business associates, as “business associate” is defined in the Health Insurance Portability and Accountability Act (HIPAA), and contractors who are not business associates, who create, receive, maintain, use, disclose or have access to Confidential Information on behalf of HHS, its programs or clients as described in the Base Contract. As a best practice, HHS requires its contractors to comply with the terms of this DUA to safeguard all types of Confidential Information. As of the Effective Date of this DUA, if any provision of the Base Contract conflicts with this DUA, this DUA controls. ARTICLE 2. DEFINITIONS For the purposes of this DUA, capitalized, underlined terms have the following meanings: “Authorized Purpose” means the specific purpose or purposes described in the Base Contract for Contractor to fulfill its obligations under the Base Contract, or any other purpose expressly authorized by HHS in writing in advance. “Authorized User” means a person: (1) Who is authorized to create, receive, maintain, have access to, process, view, handle, examine, interpret, or analyze Confidential Information pursuant to this DUA; (2) For whom Contractor warrants and represents has a demonstrable need to create, receive, maintain, use, disclose or have access to the Confidential Information; and (3) Who has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information as required by this DUA. “Breach” means an impermissible use or disclosure of electronic or non-electronic sensitive personal information by an unauthorized person or for an unauthorized purpose that compromises the security or privacy of Confidential Information such that the use or disclosure poses a risk of reputational harm, theft of financial information, identity theft, or medical identity theft. Any acquisition, access, use, disclosure or loss of Confidential Information other than as permitted by this HHS Data Use Agreement v.8.5 October 23, 2019 1 of 11 DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C HHS Data Use Agreement v.8.5 October 23, 2019 2 of 11 DUA shall be presumed to be a Breach unless Contractor demonstrates, based on a risk assessment, that there is a low probability that the Confidential Information has been compromised. “Confidential Information” means any communication or record (whether oral, written, electronically stored or transmitted, or in any other form) provided to or made available to Contractor or that Contractor may create, receive, maintain, use, disclose or have access to on behalf of HHS that consists of or includes any or all of the following: (1)Education records as defined in the Family Educational Rights and Privacy Act, 20 U.S.C. §1232g; 34 C.F.R. Part 99 (2)Federal Tax Information as defined in Internal Revenue Code §6103 and Internal Revenue Service Publication 1075; (3)Personal Identifying Information (PII) as defined in Texas Business and Commerce Code, Chapter 521; (4)Protected Health Information (PHI) in any form including without limitation, Electronic Protected Health Information or Unsecured Protected Health Information as defined in 45 C.F.R. §160.103; (5)Sensitive Personal Information (SPI) as defined in Texas Business and Commerce Code, Chapter 521; (6)Social Security Administration Data, including, without limitation, Medicaid information means disclosures of information made by the Social Security Administration or the Centers for Medicare and Medicaid Services from a federal system of records for administration of federally funded benefit programs under the Social Security Act, 42 U.S.C., Chapter 7; (7)All privileged work product; (8)All information designated as confidential under the constitution and laws of the State of Texas and of the United States, including the Texas Health & Safety Code and the Texas Public Information Act, Texas Government Code, Chapter 552. “Destroy”, “Destruction”, for Confidential Information, means: (1)Paper, film, or other hard copy media have been shredded or destroyed such that the Confidential Information cannot be read or otherwise cannot be reconstructed. Redaction is specif ically excluded as a means of data destruction. (2)Electronic media have been cleared, purged, or destroyed consistent with NIST Special Publication 800-88, "Guidelines for Media Sanitization," such that the Confidential Information cannot be retrieved. “Discover, Discovery” means the first day on which a Breach becomes known to Contractor, or, by exercising reasonable diligence would have been known to Contractor. “Legally Authorized Representative” of an individual, including as provided in 45 CFR 435.923 (authorized representative); 45 CFR 164.502(g)(1) (personal representative); Tex. Occ. Code § 151.002(6); Tex. H. & S. Code §166.164 (medical power of attorney); and Texas Estates Code § 22.031 (representative). “Required by Law” means a mandate contained in law that compels an entity to use or disclose Confidential Information that is enforceable in a court of law, including court orders, warrants, subpoenas or investigative demands. DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C HHS Data Use Agreement v.8.5 October 23, 2019 3 of 11 “Subcontractor” means a person who contracts with a prime contractor to work, to supply commodities, or to contribute toward completing work for a governmental entity. “Workforce” means employees, volunteers, trainees or other persons whose performance of work is under the direct control of a party, whether or not they are paid by that party. ARTICLE 3. CONTRACTOR'S DUTIES REGARDING CONFIDENTIAL INFORMATION Section 3.01 Obligations of Contractor Contractor agrees that: (A)With respect to PHI, Contractor shall: (1)Make PHI available in a designated record set if requested by HHS, if Contractor maintains PHI in a designated record set, as defined in HIPAA. (2)Provide to HHS data aggregation services related to the healthcare operations Contractor performs for HHS pursuant to the Base Contract, if requested by HHS, if Contractor provides data aggregation services as defined in HIPAA. (3)Provide access to PHI to an individual who is requesting his or her own PHI, or such individual’s Legally Authorized Representative, in compliance with the requirements of HIPAA. (4)Make PHI available to HHS for amendment, and incorporate any amendments to PHI that HHS directs, in compliance with HIPAA. (5)Document and make available to HHS, an accounting of disclosures in compliance with the requirements of HIPAA. (6)If Contractor receives a request for access, amendment or accounting of PHI by any individual, promptly forward the request to HHS or, if forwarding the request would violate HIPAA, promptly notify HHS of the request and of Contractor’s response. HHS will respond to all such requests, unless Contractor is Required by Law to respond or HHS has given prior written consent for Contractor to respond to and account for all such requests. (B)With respect to ALL Confidential Information, Contractor shall: (1)Exercise reasonable care and no less than the same degree of care Contractor uses to protect its own confidential, proprietary and trade secret information to prevent Confidential Information from being used in a manner that is not expressly an Authorized Purpose or as Required by Law. Contractor will access, create, maintain, receive, use, disclose, transmit or Destroy Confidential Information in a secure fashion that protects against any reasonably anticipated threats or hazards to the security or integrity of such information or unauthorized uses. (2)Establish, implement and maintain appropriate procedural, administrative, physical and technical safeguards to preserve and maintain the confidentiality, integrity, and availability of the Confidential Information, in accordance with applicable laws or regulations relating to Confidential Information, to prevent any unauthorized use or disclosure of Confidential Information as long as Contractor has such Confidential Information in its actual or constructive possession. (3)Implement, update as necessary, and document privacy, security and Breach notice policies and procedures and an incident response plan to address a Breach, to comply with the privacy, security and breach notice requirements of this DUA prior to conducting work under the Base Contract. Contractor DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C HHS Data Use Agreement v.8.5 October 23, 2019 4 of 11 shall produce, within three business days of a request by HHS, copies of its policies and procedures and records relating to the use or disclosure of Confidential Information. (4)Obtain HHS’s prior written consent to disclose or allow access to any portion of the Confidential Information to any person, other than Authorized Users, Workforce or Subcontractors of Contractor who have completed training in confidentiality, privacy, security and the importance of promptly reporting any Breach to Contractor's management and as permitted in Section 3.01(A)(3), above. Contractor shall produce evidence of completed training to HHS upon request. HHS, at its election, may assist Contractor in training and education on specific or unique HHS processes, systems and/or requirements. All of Contractor’s Authorized Users, Workforce and Subcontractors with access to a state computer system or database will complete a cybersecurity training program certified under Texas Government Code Section 2054.519 by the Texas Department of Information Resources. (5)Establish, implement and maintain appropriate sanctions against any member of its Workforce or Subcontractor who fails to comply with this DUA, the Base Contract or applicable law. Contractor shall maintain evidence of sanctions and produce it to HHS upon request. (6)Obtain prior written approval of HHS, to disclose or provide access to any Confidential Information on the basis that such act is Required by Law, so that HHS may have the opportunity to object to the disclosure or access and seek appropriate relief. If HHS objects to such disclosure or access, Contractor shall refrain from disclosing or providing access to the Confidential Information until HHS has exhausted all alternatives for relief. (7)Certify that its Authorized Users each have a demonstrated need to know and have access to Confidential Information solely to the minimum extent necessary to accomplish the Authorized Purpose and that each has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information contained in this DUA. Contractor and its Subcontractors shall maintain at all times an updated, complete, accurate list of Authorized Users and supply it to HHS upon request. (8)Provide, and shall cause its Subcontractors and agents to provide, to HHS periodic written confirmation of compliance with controls and the terms and conditions of this DUA. (9)Return to HHS or Destroy, at HHS’s election and at Contractor’s expense, all Confidential Information received from HHS or created or maintained by Contractor or any of Contractor’s agents or Subcontractors on HHS's behalf upon the termination or expiration of this DUA, if reasonably feasible and permitted by law. Contractor shall certify in writing to HHS that all such Confidential Information has been Destroyed or returned to HHS, and that Contractor and its agents and Subcontractors have retained no copies thereof. Notwithstanding the foregoing, Contractor acknowledges and agrees that it may not Destroy any Confidential Information if federal or state law, or HHS record retention policy or a litigation hold notice prohibits such Destruction. If such return or Destruction is not reasonably feasible, or is impermissible by law, Contractor shall immediately notify HHS of the reasons such return or Destruction is not feasible and agree to extend the protections of this DUA to the Confidential Information for as long as Contractor maintains such Confidential Information. (10)Complete and return with the Base Contract to HHS, attached as Attachment 2 to this DUA, the HHS Security and Privacy Initial Inquiry (SPI) at https://hhs.texas.gov/laws- regulations/forms/miscellaneous/hhs-information-security-privacy-initial-inquiry-spi. The SPI identifies basic privacy and security controls with which Contractor must comply to protect Confidential Information. Contractor shall comply with periodic security controls compliance assessment and monitoring by HHS as required by state and federal law, based on the type of Confidential Information Contractor creates, receives, maintains, uses, discloses or has access to and the Authorized Purpose and level of risk. Contractor's DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C HHS Data Use Agreement v.8.5 October 23, 2019 5 of 11 security controls shall be based on the National Institute of Standards and Technol ogy (NIST) Special Publication 800-53. Contractor shall update its security controls assessment whenever there are significant changes in security controls for HHS Confidential Information and shall provide the updated document to HHS. HHS also reserves the right to request updates as needed to satisfy state and federal monitoring requirements. (11) Comply with the HHS Acceptable Use Policy (AUP) and require each Subcontractor and Workforce member who has direct access to HHS Information Resources, as defined in the AUP, to execute an HHS Acceptable Use Agreement. (12) Only conduct secure transmissions of Confidential Information whether in paper, oral or electronic form. A secure transmission of electronic Confidential Information in motion includes secure File Transfer Protocol (SFTP) or encryption at an appropriate level as required by rule, regulation or law. Confidential Information at rest requires encryption unless there is adequate administrative, technical, and physical security as required by rule, regulation or law. All electronic data transfer and communications of Confidential Information shall be through secure systems. Contractor shall provide proof of system, media or device security and/or encryption to HHS no later than 48 hours after HHS's written request in response to a compliance investigation, audit, or the Discovery of a Breach. HHS may also request production of proof of security at other times as necessary to satisfy state and federal monitoring requirements. Deidentification of Confidential Information in accordance with HIPAA de-identification standards is deemed secure. (13) Designate and identify a person or persons, as Privacy Official and Information Security Official, each of whom is authorized to act on behalf of Contractor and is responsible for the development and implementation of the privacy and security requirements in this DUA. Contractor shall provide name and current address, phone number and e-mail address for such designated officials to HHS upon execution of this DUA and prior to any change. Upon written notice from HHS, Contractor shall promptly remove and replace such official(s) if such official(s) is not performing the required functions. (14) Make available to HHS any information HHS requires to fulfill HHS's obligations to provide access to, or copies of, Confidential Information in accordance with applicable laws, regulations or demands of a regulatory authority relating to Confidential Information. Contractor shall provide such information in a time and manner reasonably agreed upon or as designated by the applicable law or regulatory authority. (15) Comply with the following laws and standards if applicable to the type of Confidential Information and Contractor's Authorized Purpose: • Title 1, Part 10, Chapter 202, Subchapter B, Texas Administrative Code; • The Privacy Act of 1974; • OMB Memorandum 17-12; • The Federal Information Security Management Act of 2002 (FISMA); • The Health Insurance Portability and Accountability Act of 1996 (HIPAA); • Internal Revenue Publication 1075 – Tax Information Security Guidelines for Federal, State and Local Agencies; • National Institute of Standards and Technology (NIST) Special Publication 800-66 Revision 1 – An Introductory Resource Guide for Implementing the Health Insurance Portability and Accountability Act (HIPAA) Security Rule; DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C HHS Data Use Agreement v.8.5 October 23, 2019 6 of 11 •NIST Special Publications 800-53 and 800-53A – Recommended Security Controls for Federal Information Systems and Organizations, as currently revised; •NIST Special Publication 800-47 – Security Guide for Interconnecting Information Technology Systems; •NIST Special Publication 800-88, Guidelines for Media Sanitization; •NIST Special Publication 800-111, Guide to Storage of Encryption Technologies for End User Devices containing PHI; •Family Educational Rights and Privacy Act •Texas Business and Commerce Code, Chapter 521; •Any other State or Federal law, regulation, or administrative rule relating to the specific HHS program area that Contractor supports on behalf of HHS. (16) Be permitted to use or disclose Confidential Information for the proper management and administration of Contractor or to carry out Contractor’s legal responsibilities, except as otherwise limited by this DUA, the Base Contract, or law applicable to the Confidential Information, if: (a)Disclosure is Required by Law; (b)Contractor obtains reasonable assurances from the person to whom the information is disclosed that the person shall: 1.Maintain the confidentiality of the Confidential Information in accordance with this DUA; 2.Use or further disclose the information only as Required by Law or for the Authorized Purpose for which it was disclosed to the person; and 3.Notify Contractor in accordance with Section 4.01 of a Breach of Confidential Information that the person Discovers or should have Discovered with the exercise of reasonable diligence. (C)With respect to ALL Confidential Information, Contractor shall NOT: (1)Attempt to re-identify or further identify Confidential Information that has been deidentified, or attempt to contact any persons whose records are contained in the Confidential Information, except for an Authorized Purpose, without express written authorization from HHS. (2)Engage in prohibited marketing or sale of Confidential Information. (3)Permit, or enter into any agreement with a Subcontractor to, create, receive, maintain, use, disclose, have access to or transmit Confidential Information, on behalf of HHS without requiring that Subcontractor first execute either the Form Subcontractor Agreement, Attachment 1, or Contractor’s own Subcontractor agreement that ensures that the Subcontractor shall comply with the same safeguards and restrictions contained in this DUA for Confidential Information. Contractor is directly responsible for its Subcontractors’ compliance with, and enforcement of, this DUA. DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C HHS Data Use Agreement v.8.5 October 23, 2019 7 of 11 ARTICLE 4. BREACH NOTICE, REPORTING AND CORRECTION REQUIREMENTS Section 4.01. Cooperation and Financial Responsibility. (A) Contractor shall, at Contractor’s expense, cooperate fully with HHS in investigating, mitigating to the extent practicable, and issuing notifications as directed by HHS, for any Breach of Confidential Information. (B) Contractor shall make Confidential Information in Contractor’s possession available pursuant to the requirements of HIPAA or other applicable law upon a determination of a Breach. (C) Contractor’s obligation begins at the Discovery of a Breach and continues as long as related activity continues, until all effects of the Breach are mitigated to HHS’s satisfaction (the "incident response period"). Section 4.02. Initial Breach Notice. For federal information obtained from a federal system of records, including Federal Tax Information and Social Security Administration Data (which includes Medicaid and other governmental benefit program Confidential Information), Contractor shall notify HHS of the Breach within the first consecutive clock hour of Discovery. The Base Contract shall specify whether Confidential Information is obtained from a federal system of records. For all other types of Confidential Information Contractor shall notify HHS of the Breach not more than 24 hours after Discovery, or in a timeframe otherwise approved by HHS in writing. Contractor shall initially report to HHS's Privacy and Security Officers via email at: privacy@HHSC.state.tx.us and to the HHS division responsible for the Base Contract. Contractor shall report all information reasonably available to Contractor about the Breach. Contractor shall provide contact information to HHS for Contractor's single point of contact who will communicate with HHS both on and off business hours during the incident response period. Section 4.03 Third Business Day Notice: No later than 5 p.m. on the third business day after Discovery, or a time within which Discovery reasonably should have been made by Contractor of a Breach of Confidential Information, Contractor shall provide written notification to HHS of all reasonably available information about the Breach, and Contractor's investigation, including, to the extent known to Contractor: a. The date the Breach occurred; b. The date of Contractor's and, if applicable, Subcontractor's Discovery; c. A brief description of the Breach, including how it occurred and who is responsible (or hypotheses, if not yet determined); d. A brief description of Contractor's investigation and the status of the investigation; e. A description of the types and amount of Confidential Information involved; f. Identification of and number of all individuals reasonably believed to be affected, including first and last name of the individual and if applicable, the Legally authorized representative, last known address, age, telephone number, and email address if it is a preferred contact method; g. Contractor’s initial risk assessment of the Breach demonstrating whether individual or other notices are required by applicable law or this DUA for HHS approval, including an analysis of whether there is a low probability of compromise of the Confidential Information or whether any legal exceptions to notification apply; h. Contractor's recommendation for HHS’s approval as to the steps individuals and/or Contractor on behalf of individuals, should take to protect the individuals from potential harm, including DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C HHS Data Use Agreement v.8.5 October 23, 2019 8 of 11 Contractor’s provision of notifications, credit protection, claims monitoring, and any specific protections for a Legally Authorized Representative to take on behalf of an individual with special capacity or circumstances; i. The steps Contractor has taken to mitigate the harm or potential harm caused (including without limitation the provision of sufficient resources to mitigate); j. The steps Contractor has taken, or will take, to prevent or reduce the likelihood of recurrence of a similar Breach; k. Identify, describe or estimate of the persons, Workforce, Subcontractor, or individuals and any law enforcement that may be involved in the Breach; l. A reasonable schedule for Contractor to provide regular updates regarding response to the Breach, but no less than every three (3) business days, or as otherwise directed by HHS in writing, including information about risk estimations, reporting, notification, if any, mitigation, corrective action, root cause analysis and when such activities are expected to be completed; and m. Any reasonably available, pertinent information, documents or reports related to a Breach that HHS requests following Discovery. Section 4.04. Investigation, Response and Mitigation. (A) Contractor shall immediately conduct a full and complete investigation, respond to the Breach, commit necessary and appropriate staff and resources to expeditiously respond, and report as required to HHS for incident response purposes and for purposes of HHS’s compliance with report and notification requirements, to the satisfaction of HHS. (B) Contractor shall complete or participate in a risk assessment as directed by HHS following a Breach, and provide the final assessment, corrective actions and mitigations to HHS for review and approval. (C) Contractor shall fully cooperate with HHS to respond to inquiries and/or proceedings by state and federal authorities, persons and/or individuals about the Breach. (D) Contractor shall fully cooperate with HHS's efforts to seek appropriate injunctive relief or otherwise prevent or curtail such Breach, or to recover or protect any Confidential Information, including complying with reasonable corrective action or measures, as specified by HHS in a Corrective Action Plan if directed by HHS under the Base Contract. Section 4.05. Breach Notification to Individuals and Reporting to Authorities. (A) HHS may direct Contractor to provide Breach notification to individuals, regulators or third-parties, as specified by HHS following a Breach. (B) Contractor must comply with all applicable legal and regulatory requirements in the time, manner and content of any notification to individuals, regulators or third-parties, or any notice required by other state or federal authorities, including without limitation, notifications required by Texas Business and Commerce Code, Chapter 521.053(b) and HIPAA. Notice letters will be in Contractor's name and on Contractor's letterhead, unless otherwise directed by HHS, and will contain contact information, including the name and title of Contractor's representative, an email address and a toll-free telephone number, for the individual to obtain additional information. (C) Contractor shall provide HHS with draft notifications for HHS approval prior to distribution and copies of distributed and approved communications. DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C HHS Data Use Agreement v.8.5 October 23, 2019 9 of 11 (D) Contractor shall have the burden of demonstrating to the satisfaction of HHS that any required notification was timely made. If there are delays outside of C ontractor's control, Contractor shall provide written documentation to HHS of the reasons for the delay. (E) If HHS directs Contractor to provide notifications, HHS shall, in the time and manner reasonably requested by Contractor, cooperate and assist with Contractor’s information requests in order to make such notifications. ARTICLE 5. GENERAL PROVISIONS Section 5.01 Ownership of Confidential Information Contractor acknowledges and agrees that the Confidential Information is and shall remain the property of HHS. Contractor agrees it acquires no title or rights to the Confidential Information. Section 5.02 HHS Commitment and Obligations HHS will not request Contractor to create, maintain, transmit, use or disclose PHI in any manner that would not be permissible under applicable law if done by HHS. Section 5.03 HHS Right to Inspection At any time upon reasonable notice to Contractor, or if HHS determines that Contractor has violated this DUA, HHS, directly or through its agent, will have the right to inspect the facilities, systems, books and records of Contractor to monitor compliance with this DUA. For purposes of this subsection, HHS’s agent(s) include, without limitation, the HHS Office of the Inspector General , the Office of the Attorney General of Texas, the State Auditor’s Office, outside consultants, legal counsel or other designee. Section 5.04 Term; Termination of DUA; Survival This DUA will be effective on the date on which Contractor executes the Base Contract and will terminate upon termination of the Base Contract and as set forth herein. If the Base Contract is extended, this DUA is extended to run concurrent with the Base Contract. (A) If HHS determines that Contractor has violated a material term of this DUA; HHS may in its sole discretion: (1) Exercise any of its rights including but not limited to reports, access and inspection under this DUA and/or the Base Contract; or (2) Require Contractor to submit to a corrective action plan, including a plan for monitoring and plan for reporting as HHS may determine necessary to maintain compliance with this DUA; or (3) Provide Contractor with a reasonable period to cure the violation as determined by HHS; or (4) Terminate the DUA and Base Contract immediately and seek relief in a court of competent jurisdiction in Travis County, Texas. Before exercising any of these options, HHS will provide written notice to Contractor describing the violation and the action it intends to take. (B) If neither termination nor cure is feasible, HHS shall report the violation to the applicable regulatory authorities. DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C HHS Data Use Agreement v.8.5 October 23, 2019 10 of 11 (C) The duties of Contractor or its Subcontractor under this DUA survive the expiration or termination of this DUA until all the Confidential Information is Destroyed or returned to HHS, as required by this DUA. Section 5.05 Injunctive Relief (A) Contractor acknowledges and agrees that HHS may suffer irreparable injury if Contractor or its Subcontractor fails to comply with any of the terms of this DUA with respect to the Confidential Information or a provision of HIPAA or other laws or regulations applicable to Confidential Information. (B) Contractor further agrees that monetary damages may be inadequate to compensate HHS for Contractor's or its Subcontractor's failure to comply. Accordingly, Contractor agrees that HHS will, in addition to any other remedies available to it at law or in equity, be entitled to seek injunctive relief without posting a bond and without the necessity of demonstrating actual damages, to enforce the terms of this DUA. Section 5.06 Indemnification Contractor shall indemnify, defend and hold harmless HHS and its respective Executive Commissioner, employees, Subcontractors, agents (including other state agencies acting on behalf of HHS) or other members of HHS’ Workforce (each of the foregoing hereinafter referred to as “Indemnified Party”) against all actual and direct losses suffered by the Indemnified Party and all liability to third parties arising from or in connection with any breach of this DUA or from any acts or omissions related to this DUA by Contractor or its employees, directors, officers, Subcontractors, or agents or other members of Contractor’s Workforce. The duty to indemnify, defend and hold harmless is independent of the duty to insure. Upon demand, Contractor shall reimburse HHS for any and all losses, liabilities, lost profits, fines, penal ties, costs or expenses (including costs of required notices, investigation, and mitigation of a Breach, fines or penalties imposed on an Indemnified Party by a regulatory authority, and reasonable attorneys’ fees) which may be imposed upon any Indemnified Party to the extent caused by and which results from the Contractor’s failure to meet any of its obligations under this DUA. Contractor’s obligation to defend, indemnify and hold harmless any Indemnified Party will survive the expiration or termination of this DUA. Section 5.07 Insurance (A) In addition to any insurance required in the Base Contract, at HHS's option, HHS may require Contractor to maintain, at its expense, the special and/or custom first- and third-party insurance coverages, including without limitation data breach, cyber liability, crime theft and notification expense coverages, with policy limits sufficient to cover any liability arising under this DUA, naming the State of Texas, acting through HHS, as an additional named insured and loss payee, with primary and noncontributory status. (B) Contractor shall provide HHS with written proof that required insurance coverage is in effect, at the request of HHS. Section 5.08 Entirety of the Contract This DUA is incorporated by reference into the Base Contract and, together with the Base Contract, constitutes the entire agreement between the parties. No change, waiver, or discharge of obligations arising under those documents will be valid unless in writing and executed by the party against whom such change, waiver, or discharge is sought to be enforced. DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C HHS Data Use Agreement v.8.5 October 23, 2019 11 of 11 Section 5.09 Automatic Amendment and Interpretation Upon the effective date of any amendment or issuance of additional regulations to any law applicable to Confidential Information, this DUA will automatically be amended so that the obligations imposed on HHS and/or Contractor remain in compliance with such requirements. Any ambiguity in this DUA will be resolved in favor of a meaning that permits HHS and Contractor to comply with laws applicable to Confidential Information. Section 5.10 Notices; Requests for Approval All notices and requests for approval related to this DUA must be directed to the HHS Chief Privacy Officer at privacy@hhsc.state.tx.us. DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C ATTACHMENT 1. SUBCONTRACTOR AGREEMENT FORM HHS CONTRACT NUMBER _________________________________ The DUA between HHS and Contractor establishes the permitted and required uses and disclosures of Confidential Information by Contractor. Contractor has subcontracted with____________________________________ (Subcontractor) for performance of duties on behalf of CONTRACTOR which are subject to the DUA. Subcontractor acknowledges, understands and agrees to be bound by the same terms and conditions applicable to Contractor under the DUA, incorporated by reference in this Agreement, with respect to HHS Confidential Information. Contractor and Subcontractor agree that HHS is a third-party beneficiary to applicable provisions of the subcontract. HHS has the right, but not the obligation, to review or approve the terms and conditions of the subcontract by virtue of this Subcontractor Agreement Form. Contractor and Subcontractor assure HHS that any Breach as defined by the DUA that Subcontractor Discovers shall be reported to HHS by Contractor in the time, manner and content required by the DUA. If Contractor knows or should have known in the exercise of reasonable diligence of a pattern of activity or practice by Subcontractor that constitutes a material breach or violation of the DUA or the Subcontractor's obligations, Contractor shall: 1. Take reasonable steps to cure the violation or end the violation, as applicable; 2. If the steps are unsuccessful, terminate the contract or arrangement with Subcontractor, if feasible; 3. Notify HHS immediately upon Discovery of the pattern of activity or practice of Subcontractor that constitutes a material breach or violation of the DUA and keep HHS reasonably and regularly informed about steps Contractor is taking to cure or end the violation or terminate Subcontractor's contract or arrangement. This Subcontractor Agreement Form is executed by the parties in their capacities indicated below. CONTRACTOR SUBCONTRACTOR BY: BY: NAME: ______________________________ NAME:_________________________________ TITLE: ______________________________ TITLE:_________________________________ DATE _______________________, 201 . DATE:_________________________________ HHS Data Use Agreement v. 8.5 DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C Attachment 2- Security and Privacy Initial Inquiry [Attach Completed SPI Here] DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C Texas HHS System -Data Use Agreement ‐Attachment 2 SECURITY AND PRIVACY INQUIRY (SPI) If you are a bidder for a new procurement/contract, in order to participate in the bidding process, you must have corrected any "No" responses (except A9a) prior to the contract award date. If you are an applicant for an open enrollment, you must have corrected any "No" answers (except A9a and A11) prior to performing any work on behalf of any Texas HHS agency. For any questions answered "No" (except A9a and A11), an Acti on Plan for Compli ance with a Timeline must be documented in the designated area below the question. The ti meline for compliance with HIPAA-related requirements for safeguarding Protected Health Information is 30 calendar days from the date this form is signed. Compliance with requirements related to other types of Confidential Information must be confirmed within 90 calendar days from the date the form is signed. SECTION A: APPLICANT/BIDDER INFORMATION (To be completed by Applicant/Bidder) 1.Does the applicant/bidder access, create, disclose, receive, transmit, maintain, or store Texas HHS Confidential Information in electronic systems (e.g., laptop, personal use computer, mobile device, database, server, etc.)? IF NO, STOP. THE SPI FORM IS NOT REQUIRED. Yes No 2.Entity or Applicant/Bidder Legal Name Legal Name: Legal Entity Tax Identification Number (TIN) (Last Four Numbers Only): Procurement/Contract#: Address: City: State: ZIP: Telephone #: Email Address: 3.Number of Employees, at all locations, in Applicant/Bidder's Workforce "Workforce" means all employees, volunteers, trainees, and other Persons whose conduct is under the direct control of Applicant/Bidder, whether or not they are paid by Applicant/ Bidder. If Applicant/Bidder is a sole proprietor, the workforce may be only one employee. Total Employees: 4.Number of Subcontractors (if Applicant/Bidder will not use subcontractors, enter “0”) Total Subcontractors: 5.Name of Information Technology Security Official and Name of Privacy Official for Applicant/Bidder (Privacy and Security Official may be the same person.) A. Security Official: Legal Name: Address: City: State: ZIP: Telephone #: Email Address: B. Privacy Official: Legal Name: Address: City: State: ZIP: Telephone #: Email Address: Texas HHS System -Data Use Agreement -Attachment 2: SPI Version 2.1 (06/2018) Page 1 of 18 SECURITY AND PRIVACY INQUIRY (SPI) DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C 6.Type(s) of Texas HHS Confidential Information the Applicant/Bidder will create, receive, maintain, use, disclose or have access to: (Check all that apply) •Health Insurance Portability and Accountability Act (HIPAA) data •Criminal Justice Information Services (CJIS) data •Internal Revenue Service Federal Tax Information (IRS FTI) data •Centers for Medicare & Medicaid Services (CMS) •Social Security Administration (SSA) •Personally Identifiable Information (PII) HIPAA CJIS IRS FTI CMS SSA PII Other (Please List) 7.Number of Storage Devices for Texas HHS Confidential Information (as defined in the Texas HHS System Data Use Agreement (DUA)) Cloud Services involve using a network of remote servers hosted on the Internet to store, manage, and process data, rather than a local server or a personal computer. A Data Center is a centralized repository, either physical or virtual, for the storage, management, and dissemination of data and information organized around a particular body of knowledge or pertaining to a particular business. Total # (Sum a‐d) a.Devices. Number of personal user computers, devices or drives, including mobile devices and mobile drives. b.Servers. Number of Servers that are not in a data center or using Cloud Services. c.Cloud Services. Number of Cloud Services in use. d.Data Centers. Number of Data Centers in use. 8.Number of unduplicated individuals for whom Applicant/Bidder reasonably expects to handle Texas HHS Confidential Information during one year: Select Option (a‐d) a.499 individuals or less b.500 to 999 individuals c.1,000 to 99,999 individuals d.100,000 individuals or more a. b. c. d. 9.HIPAA Business Associate Agreement a.Will Applicant/Bidder use, disclose, create, receive, transmit or maintain protected health information on behalf of a HIPAA‐covered Texas HHS agency for a HIPAA‐ covered function? Yes No b.Does Applicant/Bidder have a Privacy Notice prominently displayed on a Webpage or a Public Office of Applicant/Bidder's business open to or that serves the public? (This is a HIPAA requirement. Answer "N/A" if not applicable, such as for agencies not covered by HIPAA.) Yes No N/A Action Plan for Compliance with a Timeline: Compliance Date: 10.Subcontractors. If the Applicant/Bidder responded "0" to Question 4 (indicating no subcontractors), check "N/A" for both 'a.' and 'b.' a.Does Applicant/Bidder require subcontractors to execute the DUA Attachment 1 Subcontractor Agreement Form? Yes No N/A Action Plan for Compliance with a Timeline: Compliance Date: SPI Version 2.1 (06/2018) Texas HHS System -Data Use Agreement -Attachment 2: Page 2 of 18 SECURITY AND PRIVACY INQUIRY (SPI) 0 DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C b.Will Applicant/Bidder agree to require subcontractors who will access Confidential Information to comply with the terms of the DUA, not disclose any Confidential Information to them until they have agreed in writing to the same safeguards and to discontinue their access to the Confidential Information if they fail to comply? Yes No N/A Action Plan for Compliance with a Timeline: Compliance Date: 11.Does Applicant/Bidder have any Optional Insurance currently in place? Optional Insurance provides coverage for: (1) Network Security and Privacy; (2) Data Breach; (3) Cyber Liability (lost data, lost use or delay/suspension in business, denial of service with e‐business, the Internet, networks and informational assets, such as privacy, intellectual property, virus transmission, extortion, sabotage or web activities); (4) Electronic Media Liability; (5) Crime/Theft; (6) Advertising Injury and Personal Injury Liability; and (7) Crisis Management and Notification Expense Coverage. Yes No N/A Texas HHS System -Data Use Agreement -Attachment 2: SPI Version 2.1 (06/2018) Page 3 of 18 SECURITY AND PRIVACY INQUIRY (SPI) DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C SECTION B: PRIVACY RISK ANALYSIS AND ASSESSMENT (To be completed by Applicant/Bidder) For any questions answered "No," an Action Plan for Compliance with a Timeline must be documented in the designated area below the question. The timeline for compliance with HIPAA-related requirements for safeguarding Protected Health Information is 30 calendar days from the date this form is signed. Compliance with requirements related to other types of Confidential Information must be confirmed within 90 calendar days from the date the form is signed. 1.Written Policies & Procedures. Does Applicant/Bidder have current written privacy and security policies and procedures that, at a minimum: Yes or No a.Does Applicant/Bidder have current written privacy and security policies and procedures that identify Authorized Users and Authorized Purposes (as defined in the DUA) relating to creation, receipt, maintenance, use, disclosure, access or transmission of Texas HHS Confidential Information? Yes No Action Plan for Compliance with a Timeline: Compliance Date: b.Does Applicant/Bidder have current written privacy and security policies and procedures that require Applicant/Bidder and its Workforce to comply with the applicable provisions of HIPAA and other laws referenced in the DUA, relating to creation, receipt, maintenance, use, disclosure, access or transmission of Texas HHS Confidential Information on behalf of a Texas HHS agency? Yes No Action Plan for Compliance with a Timeline: Compliance Date: c.Does Applicant/Bidder have current written privacy and security policies and procedures that limit use or disclosure of Texas HHS Confidential Information to the minimum that is necessary to fulfill the Authorized Purposes? Yes No Action Plan for Compliance with a Timeline: Compliance Date: d.Does Applicant/Bidder have current written privacy and security policies and procedures that respond to an actual or suspected breach of Texas HHS Confidential Information, to include at a minimum (if any responses are “No” check “No” for all three): i.Immediate breach notification to the Texas HHS agency, regulatory authorities, and other required Individuals or Authorities, in accordance with Article 4 of the DUA; ii.Following a documented breach response plan, in accordance with the DUA and applicable law; & iii.Notifying Individuals and Reporting Authorities whose Texas HHS Confidential Information has been breached, as directed by the Texas HHS agency? Yes No Texas HHS System -Data Use Agreement -Attachment 2: SPI Version 2.1 (06/2018) Page 4 of 18 SECURITY AND PRIVACY INQUIRY (SPI) DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C Action Plan for Compliance with a Timeline: Compliance Date: e.Does Applicant/Bidder have current written privacy and security policies and procedures that conduct annual workforce training and monitoring for and correction of any training delinquencies? Yes No Action Plan for Compliance with a Timeline: Compliance Date: f.Does Applicant/Bidder have current written privacy and security policies and procedures that permit or deny individual rights of access, and amendment or correction, when appropriate? Yes No Action Plan for Compliance with a Timeline: Compliance Date: g.Does Applicant/Bidder have current written privacy and security policies and procedures that permit only Authorized Users with up‐to‐date privacy and security training, and with a reasonable and demonstrable need to use, disclose, create, receive, maintain, access or transmit the Texas HHS Confidential Information, to carry out an obligation under the DUA for an Authorized Purpose, unless otherwise approved in writing by a Texas HHS agency? Yes No Action Plan for Compliance with a Timeline: Compliance Date: h.Does Applicant/Bidder have current written privacy and security policies and procedures that establish, implement and maintain proof of appropriate sanctions against any Workforce or Subcontractors who fail to comply with an Authorized Purpose or who is not an Authorized User, and used or disclosed Texas HHS Confidential Information in violation of the DUA, the Base Contract or applicable law? Yes No Action Plan for Compliance with a Timeline: Compliance Date: i.Does Applicant/Bidder have current written privacy and security policies and procedures that require updates to policies, procedures and plans following major changes with use or disclosure of Texas HHS Confidential Information within 60 days of identification of a need for update? Yes No Action Plan for Compliance with a Timeline: Compliance Date: Texas HHS System -Data Use Agreement -Attachment 2: SPI Version 2.1 (06/2018) Page 5 of 18 SECURITY AND PRIVACY INQUIRY (SPI) DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C j.Does Applicant/Bidder have current written privacy and security policies and procedures that restrict permissions or attempts to re‐identify or further identify de‐identified Texas HHS Confidential Information, or attempt to contact any Individuals whose records are contained in the Texas HHS Confidential Information, except for an Authorized Purpose, without express written authorization from a Texas HHS agency or as expressly permitted by the Base Contract? Yes No Action Plan for Compliance with a Timeline: Compliance Date: k.If Applicant/Bidder intends to use, disclose, create, maintain, store or transmit Texas HHS Confidential Information outside of the United States, will Applicant/Bidder obtain the express prior written permission from the Texas HHS agency and comply with the Texas HHS agency conditions for safeguarding offshore Texas HHS Confidential Information? Yes No Action Plan for Compliance with a Timeline: Compliance Date: l.Does Applicant/Bidder have current written privacy and security policies and procedures that require cooperation with Texas HHS agencies' or federal regulatory inspections, audits or investigations related to compliance with the DUA or applicable law? Yes No Action Plan for Compliance with a Timeline:Compliance Date: m.Does Applicant/Bidder have current written privacy and security policies and procedures that require appropriate standards and methods to destroy or dispose of Texas HHS Confidential Information? Yes No Action Plan for Compliance with a Timeline: Compliance Date: n.Does Applicant/Bidder have current written privacy and security policies and procedures that prohibit disclosure of Applicant/Bidder's work product done on behalf of Texas HHS pursuant to the DUA, or to publish Texas HHS Confidential Information without express prior approval of the Texas HHS agency? Yes No Action Plan for Compliance with a Timeline: Compliance Date: 2.Does Applicant/Bidder have a current Workforce training program? Training of Workforce must occur at least once every year, and within 30 days of date of hiring a new Workforce member who will handle Texas HHS Confidential Information. Training must include: (1) privacy and security policies, procedures, plans and applicable requirements for handling Texas HHS Confidential Information, (2) a requirement to complete training before access is given to Texas HHS Confidential Information, and (3) written proof of training and a procedure for monitoring timely completion of training. Yes No Texas HHS System -Data Use Agreement -Attachment 2: SPI Version 2.1 (06/2018) Page 6 of 18 SECURITY AND PRIVACY INQUIRY (SPI) DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C Action Plan for Compliance with a Timeline: Compliance Date: 3.Does Applicant/Bidder have Privacy Safeguards to protect Texas HHS Confidential Information in oral, paper and/or electronic form? "Privacy Safeguards" means protection of Texas HHS Confidential Information by establishing, implementing and maintaining required Administrative, Physical and Technical policies, procedures, processes and controls, required by the DUA, HIPAA (45 CFR 164.530), Social Security Administration, Medicaid and laws, rules or regulations, as applicable. Administrative safeguards include administrative protections, policies and procedures for matters such as training, provision of access, termination, and review of safeguards, incident management, disaster recovery plans, and contract provisions. Technical safeguards include technical protections, policies and procedures, such as passwords, logging, emergencies, how paper is faxed or mailed, and electronic protections such as encryption of data. Physical safeguards include physical protections, policies and procedures, such as locks, keys, physical access, physical storage and trash. Yes No Action Plan for Compliance with a Timeline: Compliance Date: 4.Does Applicant/Bidder and all subcontractors (if applicable) maintain a current list of Authorized Users who have access to Texas HHS Confidential Information, whether oral, written or electronic? Yes No Action Plan for Compliance with a Timeline: Compliance Date: 5.Does Applicant/Bidder and all subcontractors (if applicable) monitor for and remove terminated employees or those no longer authorized to handle Texas HHS Confidential Information from the list of Authorized Users? Yes No Action Plan for Compliance with a Timeline: Compliance Date: Texas HHS System -Data Use Agreement -Attachment 2: SPI Version 2.1 (06/2018) Page 7 of 18 SECURITY AND PRIVACY INQUIRY (SPI) DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C SECTION C: SECURITY RISK ANALYSIS AND ASSESSMENT (to be completed by Applicant/Bidder) This section is about your electronic system. If your business DOES NOT store, access, or transmit Texas HHS Confidential Information in electronic systems (e.g., laptop, personal use computer, mobile device, database, server, etc.) select the box to the right, and "YES" will be entered for all questions in this section. No Electronic Systems For any questions answered "No," an Action Plan for Compliance with a Timeline must be documented in the designated area below the question. The timeline for compliance with HIPAA-related items is 30 calendar days, PII-related items is 90 calendar days. 1.Does the Applicant/Bidder ensure that services which access, create, disclose, receive, transmit, maintain, or store Texas HHS Confidential Information are maintained IN the United States (no offshoring) unless ALL of the following requirements are met? a.The data is encrypted with FIPS 140‐2 validated encryption b.The offshore provider does not have access to the encryption keys c.The Applicant/Bidder maintains the encryption key within the United States d.The Application/Bidder has obtained the express prior written permission of the Texas HHS agency For more information regarding FIPS 140‐2 encryption products, please refer to: http://csrc.nist.gov/publications/fips Yes No Action Plan for Compliance with a Timeline: Compliance Date: 2.Does Applicant/Bidder utilize an IT security‐knowledgeable person or company to maintain or oversee the configurations of Applicant/Bidder's computing systems and devices? Yes No Action Plan for Compliance with a Timeline: Compliance Date: 3.Does Applicant/Bidder monitor and manage access to Texas HHS Confidential Information (e.g., a formal process exists for granting access and validating the need for users to access Texas HHS Confidential Information, and access is limited to Authorized Users)? Yes No Action Plan for Compliance with a Timeline: Compliance Date: 4.Does Applicant/Bidder a) have a system for changing default passwords, b) require user password changes at least every 90 calendar days, and c) prohibit the creation of weak passwords (e.g., require a minimum of 8 characters with a combination of uppercase, lowercase, special characters, and numerals, where possible) for all computer systems that access or store Texas HHS Confidential Information. If yes, upon request must provide evidence such as a screen shot or a system report. Yes No Action Plan for Compliance with a Timeline: Compliance Date: Texas HHS System -Data Use Agreement -Attachment 2: SPI Version 2.1 (06/2018) Page 8 of 18 SECURITY AND PRIVACY INQUIRY (SPI) DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C 5.Does each member of Applicant/Bidder's Workforce who will use, disclose, create, receive, transmit or maintain Texas HHS Confidential Information have a unique user name (account) and private password? Yes No Action Plan for Compliance with a Timeline: Compliance Date: 6.Does Applicant/Bidder lock the password after a certain number of failed attempts and after 15 minutes of user inactivity in all computing devices that access or store Texas HHS Confidential Information? Yes No Action Plan for Compliance with a Timeline: Compliance Date: 7.Does Applicant/Bidder secure, manage and encrypt remote access (including wireless access) to computer systems containing Texas HHS Confidential Information? (e.g., a formal process exists for granting access and validating the need for users to remotely access Texas HHS Confidential Information, and remote access is limited to Authorized Users). Encryption is required for all Texas HHS Confidential Information. Additionally, FIPS 140‐2 validated encryption is required for Health Insurance Portability and Accountability Act (HIPAA) data, Criminal Justice Information Services (CJIS) data, Internal Revenue Service Federal Tax Information (IRS FTI) data, and Centers for Medicare & Medicaid Services (CMS) data. For more information regarding FIPS 140‐2 encryption products, please refer to: http://csrc.nist.gov/publications/fips Yes No Action Plan for Compliance with a Timeline: Compliance Date: 8.Does Applicant/Bidder implement computer security configurations or settings for all computers and systems that access or store Texas HHS Confidential Information? (e.g., non‐essential features or services have been removed or disabled to reduce the threat of breach and to limit exploitation opportunities for hackers or intruders, etc.) Yes No Action Plan for Compliance with a Timeline: Compliance Date: 9.Does Applicant/Bidder secure physical access to computer, paper, or other systems containing Texas HHS Confidential Information from unauthorized personnel and theft (e.g., door locks, cable locks, laptops are stored in the trunk of the car instead of the passenger area, etc.)? Yes No Action Plan for Compliance with a Timeline: Compliance Date: Texas HHS System -Data Use Agreement -Attachment 2: SPI Version 2.1 (06/2018) Page 9 of 18 SECURITY AND PRIVACY INQUIRY (SPI) DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C 10.Does Applicant/Bidder use encryption products to protect Texas HHS Confidential Information that is transmitted over a public network (e.g., the Internet, WiFi, etc.)? If yes, upon request must provide evidence such as a screen shot or a system report. Encryption is required for all HHS Confidential Information. Additionally, FIPS 140‐2 validated encryption is required for Health Insurance Portability and Accountability Act (HIPAA) data, Criminal Justice Information Services (CJIS) data, Internal Revenue Service Federal Tax Information (IRS FTI) data, and Centers for Medicare & Medicaid Services (CMS) data. For more information regarding FIPS 140‐2 encryption products, please refer to: http://csrc.nist.gov/publications/fips Yes No Action Plan for Compliance with a Timeline: Compliance Date: 11.Does Applicant/Bidder use encryption products to protect Texas HHS Confidential Information stored on end user devices (e.g., laptops, USBs, tablets, smartphones, external hard drives, desktops, etc.)? If yes, upon request must provide evidence such as a screen shot or a system report. Encryption is required for all Texas HHS Confidential Information. Additionally, FIPS 140‐2 validated encryption is required for Health Insurance Portability and Accountability Act (HIPAA) data, Criminal Justice Information Services (CJIS) data, Internal Revenue Service Federal Tax Information (IRS FTI) data, and Centers for Medicare & Medicaid Services (CMS) data. For more information regarding FIPS 140‐2 encryption products, please refer to: http://csrc.nist.gov/publications/fips Yes No Action Plan for Compliance with a Timeline: Compliance Date: 12. Does Applicant/Bidder require Workforce members to formally acknowledge rules outlining their responsibilities for protecting Texas HHS Confidential Information and associated systems containing HHS Confidential Information before their access is provided? Yes No Action Plan for Compliance with a Timeline: Compliance Date: 13.Is Applicant/Bidder willing to perform or submit to a criminal background check on Authorized Users? Yes No Action Plan for Compliance with a Timeline: Compliance Date: 14.Does Applicant/Bidder prohibit the access, creation, disclosure, reception, transmission, maintenance, and storage of Texas HHS Confidential Information with a subcontractor (e.g., cloud services, social media, etc.) unless Texas HHS has approved the subcontractor agreement which must include compliance and liability clauses with the same requirements as the Applicant/Bidder? Yes No Action Plan for Compliance with a Timeline: Compliance Date: Texas HHS System -Data Use Agreement -Attachment 2: SPI Version 2.1 (06/2018) Page 10 of 18 SECURITY AND PRIVACY INQUIRY (SPI) DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C 15.Does Applicant/Bidder keep current on security updates/patches (including firmware, software and applications) for computing systems that use, disclose, access, create, transmit, maintain or store Texas HHS Confidential Information? Yes No Action Plan for Compliance with a Timeline: Compliance Date: 16.Do Applicant/Bidder's computing systems that use, disclose, access, create, transmit, maintain or store Texas HHS Confidential Information contain up‐to‐date anti‐ malware and antivirus protection? Yes No Action Plan for Compliance with a Timeline: Compliance Date: 17.Does the Applicant/Bidder review system security logs on computing systems that access or store Texas HHS Confidential Information for abnormal activity or security concerns on a regular basis? Yes No Action Plan for Compliance with a Timeline: Compliance Date: 18.Notwithstanding records retention requirements, does Applicant/Bidder's disposal processes for Texas HHS Confidential Information ensure that Texas HHS Confidential Information is destroyed so that it is unreadable or undecipherable? Yes No Action Plan for Compliance with a Timeline: Compliance Date: 19.Does the Applicant/Bidder ensure that all public facing websites and mobile applications containing Texas HHS Confidential Information meet security testing standards set forth within the Texas Government Code (TGC), Section 2054.516; including requirements for implementing vulnerability and penetration testing and addressing identified vulnerabilities? For more information regarding TGC, Section 2054.516 DATA SECURITY PLAN FOR ONLINE AND MOBILE APPLICATIONS, please refer to: https://legiscan.com/TX/text/HB8/2017 Yes No Action Plan for Compliance with a Timeline: Compliance Date: Texas HHS System -Data Use Agreement -Attachment 2: SPI Version 2.1 (06/2018) Page 11 of 18 SECURITY AND PRIVACY INQUIRY (SPI) DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C Requesting Department(s): Legal Entity Tax Identification Number (TIN) (Last four Only): PO/Contract(s) #: Contract Manager: Contract Manager Email Address: Contract Manager Telephone #: SECTION D: SIGNATURE AND SUBMISSION (to be completed by Applicant/Bidder) Please sign the form digitally, if possible. If you can't, provide a handwritten signature. 1.I certify that all of the information provided in this form is truthful and correct to the best of my knowledge. f I learn that any such information was not correct, I agree to notify Texas HHS of this immediately. I 2.Signature 3.Title 4.Date: To submit the completed, signed form: •Email the form as an attachment to the appropriate Texas HHS Contract Manager(s). HHSC: DFPS: DSHS: Section E: To Be Completed by Texas HHS Agency Staff: Agency(s): Contract Manager: Contract Manager Email Address: Contract Manager Telephone #: Contract Manager: Contract Manager Email Address: Contract Manager Telephone #: Contract Manager: Contract Manager Email Address: Contract Manager Telephone #: Contract Manager: Contract Manager Email Address: Contract Manager Telephone #: Contract Manager: Contract Manager Email Address: Contract Manager Telephone #: Contract Manager: Contract Manager Email Address: Contract Manager Telephone #: Contract Manager: Contract Manager Telephone #: Contract Manager Email Address: Texas HHS System -Data Use Agreement -Attachment 2: SPI Version 2.1 (06/2018) Page 12 of 18 SECURITY AND PRIVACY INQUIRY (SPI) DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C INSTRUCTIONS FOR COMPLETING THE SECURITY AND PRIVACY INQUIRY (SPI) Below are instructions for Applicants, Bidders and Contractors for Texas Health and Human Services requiring the Attachment 2, Security and Privacy Inquiry (SPI) to the Data Use Agreement (DUA). Instructi on item numbers below correspond to sections on the SPI form. If you are a bidder for a new procurement/contract, in order to participate in the bidding process, you must have corrected any "No" responses (except A9a) prior to the contract award date. If you are an applicant for an open enrollment, you must have corrected any "No" answers (except A9a and A11) prior to performing any work on behalf of any Texas HHS agency. For any questions answered "No" (except A9a and A11), an Action Plan for Compliance with a Timeline must be documented in the designated area below the question. The timeline for compliance with HIPAA-related requirements for safeguarding Protected Health Information is 30 calendar days from the date this form is signed. Compliance with requirements related to other types of Confidential Information must be confirmed within 90 calendar days from the date the form is signed. SECTION A. APPLICANT /BIDDER INFORMATION Item #1. Only contractors that access, transmit, store, and/or maintain Texas HHS Confidential Information will complete and email thi s form as an attachment to the appropriate Texas HHS Contract Manager. Item #2. Entity or Applicant/Bidder Legal Name. Provide the legal name of the business (the name used for legal purposes, like filing a federal or state tax form on behalf of the business, and is not a trade or assumed named "dba"), the legal tax identification number (last four numbers only) of the entity or applicant/bidder, the address of the corporate or main branch of the business, the telephone number where the business can be contacted regarding questions related to the information on this form and the website of the business, if a website exists. Item #3. Number of Employees, at all locations, in Applicant/Bidder's workforce. Provide the total number of individuals, including volunteers, subcontractors, trainees, and other persons who work for the business. If you are the only employee, please answer "1." Item #4. Number of Subcontractors. Provide the total number of subcontractors working for the business. If you have none, please answer "0" zero. Item #5. Number of unduplicated individuals for whom Applicant/Bidder reasonably expects to handle HHS Confidential Information during one year. Select the radio button that corresponds with the number of clients/consumers for whom you expect to handle Texas HHS Confidential Information during a year. Only count clients/consumers once, no matter how many direct services the client receives during a year. Item #5. Name of Information Technology Security Official and Name of Privacy Official for Applicant/Bidder. As with all other fields on the SPI, this is a required field. This may be the same person and the owner of the business if such person has the security and privacy knowledge that is required to implement the requirements of the DUA and respond to questions related to the SPI. In 4.A. provide the name, address, telephone number, and email address of the person whom you have designated to answer any security questions found in Section C and in 4.B. provide this information for the person whom you have designated as the person to answer any privacy questions found in Section B. The business may contract out for this expertise; however, designated individual(s) must have knowledge of the business's devices, systems and methods for use, disclosure, creation, receipt, transmission and maintenance of Texas HHS Confidential Information and be willing to be the point of contact for privacy and security questions. Item #6. Type(s) of HHS Confidential Information the Entity or Applicant/Bidder Will Create, Receive, Maintain, Use, Disclose or Have Access to: Provide a complete listing of all Texas HHS Confidential Information that the Contractor will create, receive, maintain, use, disclose or have access to. The DUA section Article 2, Definitions, defines Texas HHS Confidential Information as: “Confidential Information” means any communication or record (whether oral, written, electronically stored or transmitted, or in any other form) provided to or made available to CONTRACTOR or that CONTRACTOR may create, receive, maintain, use, disclose or have access to on behalf of Texas HHS that consists of or includes any or all of the following: (1) Client Information; (2) Protected Health Information in any form including without limitation, Electronic Protected Health Information or Unsecured Protected Health Information; (3) Sensitive Personal Information defined by Texas Business and Commerce Code Ch. 521; Texas HHS System -Data Use Agreement -Attachment 2: SPI Version 2.1 (06/2018)Page 13 of 18 SECURITY AND PRIVACY INQUIRY (SPI) DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C (4) Federal Tax Information; (5) Personally Identifiable Information; (6) Social Security Administration Data, including, without limitation, Medicaid information; (7) All privileged work product; (8) All information designated as confidential under the constitution and laws of the State of Texas and of the United States, including the Texas Health & Safety Code and the Texas Public Information Act, Texas Government Code, Chapter 552. Definitions for the following types of confidential information can be found the following sites: •Health Insurance Portability and Accountability Act (HIPAA) ‐http://www.hhs.gov/hipaa/index.html •Criminal Justice Information Services (CJIS) ‐https://www.fbi.gov/services/cjis/cjis‐security‐policy‐resource‐center •Internal Revenue Service Federal Tax Information (IRS FTI) ‐https://www.irs.gov/pub/irs‐pdf/p1075.pdf •Centers for Medicare & Medicaid Services (CMS) ‐https://www.cms.gov/Regulations‐and‐Guidance/Regulations‐and- Guidance.html •Social Security Administration (SSA) ‐https://www.ssa.gov/regulations/ •Personally Identifiable Information (PII) ‐http://csrc.nist.gov/publications/nistpubs/800‐122/sp800‐122.pdf Item #7. Number of Storage devices for Texas HHS Confidential Information. The total number of devices is automatically calculated by exiting the fields in lines a ‐d. Use the <Tab> key when exiting the field to prompt calculation, if it doesn't otherwise sum correctly. •Item 7a. Devices. Provide the number of personal user computers, devices, and drives (including mobile devices, laptops, USB drives, and external drives) on which your business stores or will store Texas HHS Confidential Information. •Item 7b. Servers. Provide the number of servers not housed in a data center or "in the cloud," on which Texas HHS Confidential Information is stored or will be stored. A server is a dedicated computer that provides data or services to other computers. It may provide services or data to systems on a local area network (LAN) or a wide area network (WAN) over the Internet. If none, answer "0" (zero). •Item 7c. Cloud Services. Provide the number of cloud services to which Texas HHS Confidential Information is stored. Cloud Services involve using a network of remote servers hosted on the Internet to store, manage, and process data, rather than on a local server or a personal computer. If none, answer "0" (zero.) •Item 7d. Data Centers. Provide the number of data centers in which you store Texas HHS Confidential Information. A Data Center is a centralized repository, either physical or virtual, for the storage, management, and dissemination of data and information organized around a particular body of knowledge or pertaining to a particular business. If none, answer "0" (zero). Item #8. Number of unduplicated individuals for whom the Applicant/Bidder reasonably expects to handle Texas HHS Confidential Information during one year. Select the radio button that corresponds with the number of clients/consumers for whom you expect to handle Confidential Information during a year. Only count clients/consumers once, no matter how many direct services the client receives during a year. Item #9. HIPAA Business Associate Agreement. •Item #9a. Answer "Yes" if your business will use, disclose, create, receive, transmit, or store information relating to a client/consumer's healthcare on behalf of the Department of State Health Services, the Department of Disability and Aging Services, or the Health and Human Services Commission for treatment, payment, or operation of Medicaid or Medicaid clients. If your contract does not include HIPAA covered information, respond "no." If "no," a compliance plan is not required. •Item #9b. Answer "Yes" if your business has a notice of privacy practices (a document that explains how you protect and use a client/consumer's healthcare information) displayed either on a website (if one exists for your business) or in your place of business (if that location is open to clients/consumers or the public). If your contract does not include HIPAA covered information, respond "N/A." Item #10. Subcontractors. If your business responded "0" to question 4 (number of subcontractors), Answer "N/A" to Items 10a and 10b to indicate not applicable. •Item #10a. Answer "Yes" if your business requires that all subcontractors sign Attachment 1 of the DUA. •Item #10b. Answer "Yes" if your business obtains Texas HHS approval before permitting subcontractors to handle Texas HHS Confidential Information on your business's behalf. Item #11. Optional Insurance. Answer "yes" if applicant has optional insurance in place to provide coverage for a Breach or any Texas HHS System - Data Use Agreement - Attachment 2:Page 14 of 18 SECURITY AND PRIVACY INQUIRY (SPI) SPI Version 2.1 (06/2018) DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C other situations listed in this question. If you are not required to have this optional coverage, answer "N/A" A compliance plan is not required. SECTION B. PRIVACY RISK ANALYSIS AND ASSESSMENT Reasonable and appropriate written Privacy and Security policies and procedures are required, even for sole proprietors who are the only employee, to demonstrate how your business will safeguard Texas HHS Confidential Information and respond in the event of a Breach of Texas HHS Confidential Information. To ensure that your business is prepared, all of the items below must be addressed in your written Privacy and Security policies and procedures. Item #1. Answer "Yes" if you have written policies in place for each of the areas (a‐o). •Item #1a. Answer "yes" if your business has written policies and procedures that identify everyone, including subcontractors, who are authorized to use Texas HHS Confidential Information. The policies and procedures should also identify the reason why these Authorized Users need to access the Texas HHS Confidential Information and this reason must align with the Authorized Purpose described in the Scope of Work or description of services in the Base Contract with the Texas HHS agency. •Item #1b. Answer "Yes" if your business has written policies and procedures that require your employees (including yourself), your volunteers, your trainees, and any other persons whose work you direct, to comply with the requirements of HIPAA, if applicable, and other confidentiality laws as they relate to your handling of Texas HHS Confidential Information. Refer to the laws and rules that apply, including those referenced in the DUA and Scope of Work or description of services in the Base Contract. •Item #1c. Answer "Yes" if your business has written policies and procedures that limit the Texas HHS Confidential Information you disclose to the minimum necessary for your workforce and subcontractors (if applicable) to perform the obligations described in the Scope of Work or service description in the Base Contract. (e.g., if a client/consumer's Social Security Number is not required for a workforce member to perform the obligations described in the Scope of Work or service description in the Base Contract, then the Social Security Number will not be given to them.) If you are the only employee for your business, policies and procedures must not include a request for, or use of, Texas HHS Confidential Information that is not required for performance of the services. •Item #1d. Answer "Yes" if your business has written policies and procedures that explain how your business would respond to an actual or suspected breach of Texas HHS Confidential Information. The written policies and procedures, at a minimum, must include the three items below. If any response to the three items below are no, answer "no." ○Item #1di. Answer "Yes" if your business has written policies and procedures that require your business to immediately notify Texas HHS, the Texas HHS Agency, regulatory authorities, or other required Individuals or Authorities of a Breach as described in Article 4, Section 4 of the DUA. Refer to Article 4, Section 4.01: Initial Notice of Breach must be provided in accordance with Texas HHS and DUA requirements with as much information as possible about the Event/Breach and a name and contact who will serve as the single point of contact with HHS both on and off business hours. Time frames related to Initial Notice include: •within one hour of Discovery of an Event or Breach of Federal Tax Information, Social Security Administration Data, or Medicaid Client Information •within 24 hours of all other types of Texas HHS Confidential Information 48‐hour Formal Notice must be provided no later than 48 hours after Discovery for protected health information, sensitive personal information or other non‐public information and must include applicable information as referenced in Section 4.01 (C) 2. of the DUA. ○Item #1dii. Answer "Yes" if your business has written policies and procedures require you to have and follow a written breach response plan as described in Article 4 Section 4.02 of the DUA. ○Item #1diii. Answer "Yes" if your business has written policies and procedures require you to notify Reporting Authorities and Individuals whose Texas HHS Confidential Information has been breached as described in Article 4 Section 4.03 of the DUA. •Item #1e. Answer "Yes" if your business has written policies and procedures requiring annual training of your entire workforce on matters related to confidentiality, privacy, and security, stressing the importance of promptly reporting any Event or Breach, outlines the process that you will use to require attendance and track completion for employees who failed to complete annual training. Texas HHS System -Data Use Agreement -Attachment 2: SPI Version 2.1 (06/2018) Page 15 of 18 SECURITY AND PRIVACY INQUIRY (SPI) DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C •Item #1f. Answer "Yes" if your business has written policies and procedures requiring you to allow individuals (clients/consumers) to access their individual record of Texas HHS Confidential Information, and allow them to amend or correct that information, if applicable. •Item #1g. Answer "Yes" if your business has written policies and procedures restricting access to Texas HHS Confidential Information to only persons who have been authorized and trained on how to handle Texas HHS Confidential Information •Item #1h. Answer "Yes" if your business has written policies and procedures requiring sanctioning of any subcontractor, employee, trainee, volunteer, or anyone whose work you direct when they have accessed Texas HHS Confidential Information but are not authorized to do so, and that you have a method of proving that you have sanctioned such an individuals. If you are the only employee, you must demonstrate how you will document the noncompliance, update policies and procedures if needed, and seek additional training or education to prevent future occurrences. •Item #1i. Answer "Yes" if your business has written policies and procedures requiring you to update your policies within 60 days after you have made changes to how you use or disclose Texas HHS Confidential Information. •Item #1j. Answer "Yes" if your business has written policies and procedures requiring you to restrict attempts to take de‐identified data and re‐identify it or restrict any subcontractor, employee, trainee, volunteer, or anyone whose work you direct, from contacting any individuals for whom you have Texas HHS Confidential Information except to perform obligations under the contract, or with written permission from Texas HHS. •Item #1k. Answer "Yes" if your business has written policies and procedures prohibiting you from using, disclosing, creating, maintaining, storing or transmitting Texas HHS Confidential Information outside of the United States. •Item #1l. Answer "Yes" if your business has written policies and procedures requiring your business to cooperate with HHS agencies or federal regulatory entities for inspections, audits, or investigations related to compliance with the DUA or applicable law. •Item #1m. Answer "Yes" if your business has written policies and procedures requiring your business to use appropriate standards and methods to destroy or dispose of Texas HHS Confidential Information. Policies and procedures should comply with Texas HHS requirements for retention of records and methods of disposal. •Item #1n. Answer "Yes" if your business has written policies and procedures prohibiting the publication of the work you created or performed on behalf of Texas HHS pursuant to the DUA, or other Texas HHS Confidential Information, without express prior written approval of the HHS agency. Item #2. Answer "Yes" if your business has a current training program that meets the requirements specified in the SPI for you, your employees, your subcontractors, your volunteers, your trainees, and any other persons under you direct supervision. Item #3. Answer "Yes" if your business has privacy safeguards to protect Texas HHS Confidential Information as described in the SPI. Item #4. Answer "Yes" if your business maintains current lists of persons in your workforce, including subcontractors (if applicable), who are authorized to access Texas HHS Confidential Information. If you are the only person with access to Texas HHS Confidential Information, please answer "yes." Item #5. Answer "Yes" if your business and subcontractors (if applicable) monitor for and remove from the list of Authorized Users, members of the workforce who are terminated or are no longer authorized to handle Texas HHS Confidential Information. If you are the only one with access to Texas HHS Confidential Information, please answer "Yes." SECTION C. SECURITY RISK ANALYSIS AND ASSESSMENT This section is about your electronic systems. If you DO NOT store Texas HHS Confidential Information in electronic systems (e.g., laptop, personal computer, mobile device, database, server, etc.), select the "No Electronic Systems" box and respond "Yes" for all questions in this section. Item #1. Answer "Yes" if your business does not "offshore" or use, disclose, create, receive, transmit or maintain Texas HHS Confidential Information outside of the United States. If you are not certain, contact your provider of technology services (application, cloud, data center, network, etc.) and request confirmation that they do not off‐ shore their data. Texas HHS System -Data Use Agreement -Attachment 2: SPI Version 2.1 (06/2018) Page 16 of 18 SECURITY AND PRIVACY INQUIRY (SPI) DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C Item #2. Answer "Yes" if your business uses a person or company who is knowledgeable in IT security to maintain or oversee the configurations of your business's computing systems and devices. You may be that person, or you may hire someone who can provide that service for you. Item #3. Answer "Yes" if your business monitors and manages access to Texas HHS Confidential Information (i.e., reviews systems to ensure that access is limited to Authorized Users; has formal processes for granting, validating, and reviews the need for remote access to Authorized Users to Texas HHS Confidential Information, etc.). If you are the only employee, answer "Yes" if you have implemented a process to periodically evaluate the need for accessing Texas HHS Confidential Information to fulfill your Authorized Purposes. Item #4. Answer "Yes" if your business has implemented a system for changing the password a system initially assigns to the user (also known as the default password), and requires users to change their passwords at least every 90 days, and prohibits the creation of weak passwords for all computer systems that access or store Texas HHS Confidential Information (e.g., a strong password has a minimum of 8 characters with a combination of uppercase, lowercase, special characters, and numbers, where possible). If your business uses a Microsoft Windows system, refer to the Microsoft website on how to do this, see example: https://docs.microsoft.com/en-us/windows/security/threat-protection/security-policy-settings/password-policy Item #5. Answer "Yes" if your business assigns a unique user name and private password to each of your employees, your subcontractors, your volunteers, your trainees and any other persons under your direct control who will use, disclose, create, receive, transmit or maintain Texas HHS Confidential Information. Item #6. Answer "Yes" if your business locks the access after a certain number of failed attempts to login and after 15 minutes of user inactivity on all computing devices that access or store Texas HHS Confidential Information. If your business uses a Microsoft Windows system, refer to the Microsoft website on how to do this, see example: https://docs.microsoft.com/en-us/windows/security/threat-protection/security-policy-settings/account-lockout-policy Item #7. Answer "Yes" if your business secures, manages, and encrypts remote access, such as: using Virtual Private Network (VPN) software on your home computer to access Texas HHS Confidential Information that resides on a computer system at a business location or, if you use wireless, ensuring that the wireless is secured using a password code. If you do not access systems remotely or over wireless, answer "Yes." Item #8. Answer "Yes" if your business updates the computer security settings for all your computers and electronic systems that access or store Texas HHS Confidential Information to prevent hacking or breaches (e.g., non‐essential features or services have been removed or disabled to reduce the threat of breach and to limit opportunities for hackers or intruders to access your system). For example, Microsoft's Windows security checklist: https://docs.microsoft.com/en-us/windows/security/threat-protection/security-policy-settings/how-to-configure-security-policy-settings Item #9. Answer "Yes" if your business secures physical access to computer, paper, or other systems containing Texas HHS Confidential Information from unauthorized personnel and theft (e.g., door locks, cable locks, laptops are stored in the trunk of the car instead of the passenger area, etc.). If you are the only employee and use these practices for your business, answer "Yes." Item #10. Answer "Yes" if your business uses encryption products to protect Texas HHS Confidential Information that is transmitted over a public network (e.g., the Internet, WIFI, etc.) or that is stored on a computer system that is physically or electronically accessible to the public (FIPS 140‐2 validated encryption is required for Health Insurance Portability and Accountability Act (HIPAA) data, Criminal Justice Information Services (CJIS) data, Internal Revenue Service Federal Tax Information (IRS FTI) data, and Centers for Medicare & Medicaid Services (CMS) data.) For more information regarding FIPS 140‐2 encryption products, please refer to: http://csrc.nist.gov/publications/fips). Item #11. Answer "Yes" if your business stores Texas HHS Confidential Information on encrypted end‐user electronic devices (e.g., laptops, USBs, tablets, smartphones, external hard drives, desktops, etc.) and can produce evidence of the encryption, such as, a screen shot or a system report (FIPS 140‐2 encryption is required for Health Insurance Portability and Accountability Act (HIPAA) data, Criminal Justice Information Services (CJIS) data, Internal Revenue Service Federal Tax Information (IRS FTI) data, and Centers for Medicare & Medicaid Services (CMS) data). For more information regarding FIPS 140‐2 validated encryption products, please refer to: http://csrc.nist.gov/publications/fips). If you do not utilize end‐user electronic devices for storing Texas HHS Confidential Information, answer "Yes." Texas HHS System -Data Use Agreement -Attachment 2: SPI Version 2.1 (06/2018) Page 17 of 18 SECURITY AND PRIVACY INQUIRY (SPI) DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C Item #12. Answer "Yes" if your business requires employees, volunteers, trainees and other workforce members to sign a document that clearly outlines their responsibilities for protecting Texas HHS Confidential Information and associated systems containing Texas HHS Confidential Information before they can obtain access. If you are the only employee answer "Yes" if you have signed or are willing to sign the DUA, acknowledging your adherence to requirements and responsibilities. Item #13. Answer "Yes" if your business is willing to perform a criminal background check on employees, subcontractors, volunteers, or trainees who access Texas HHS Confidential Information. If you are the only employee, answer "Yes" if you are willing to submit to a background check. Item #14. Answer "Yes" if your business prohibits the access, creation, disclosure, reception, transmission, maintenance, and storage of Texas HHS Confidential Information on Cloud Services or social media sites if you use such services or sites, and there is a Texas HHS approved subcontractor agreement that includes compliance and liability clauses with the same requirements as the Applicant/Bidder. If you do not utilize Cloud Services or media sites for storing Texas HHS Confidential Information, answer "Yes." Item #15. Answer "Yes" if your business keeps current on security updates/patches (including firmware, software and applications) for computing systems that use, disclose, access, create, transmit, maintain or store Texas HHS Confidential Information. If you use a Microsoft Windows system, refer to the Microsoft website on how to ensure your system is automatically updating, see example: https://portal.msrc.microsoft.com/en-us/ Item #16. Answer "Yes" if your business's computing systems that use, disclose, access, create, transmit, maintain or store Texas HHS Confidential Information contain up‐to‐date anti‐malware and antivirus protection. If you use a Microsoft Windows system, refer to the Microsoft website on how to ensure your system is automatically updating, see example: https://docs.microsoft.com/en-us/windows/security/threat-protection/ Item #17. Answer "Yes" if your business reviews system security logs on computing systems that access or store Texas HHS Confidential Information for abnormal activity or security concerns on a regular basis. If you use a Microsoft Windows system, refer to the Microsoft website for ensuring your system is logging security events, see example: https://docs.microsoft.com/en-us/windows/security/threat-protection/auditing/basic-security-audit-policies Item #18. Answer "Yes" if your business disposal processes for Texas HHS Confidential Information ensures that Texas HHS Confidential Information is destroyed so that it is unreadable or undecipherable. Simply deleting data or formatting the hard drive is not enough; ensure you use products that perform a secure disk wipe. Please see NIST SP 800‐88 R1, Guidelines for Media Sanitization and the applicable laws and regulations for the information type for further guidance. Item #19. Answer "Yes" if your business ensures that all public facing websites and mobile applications containing HHS Confidential Information meet security testing standards set forth within the Texas Government Code (TGC), Section 2054.516 SECTION D. SIGNATURE AND SUBMISSION Click on the signature area to digitally sign the document. Email the form as an attachment to the appropriate Texas HHS Contract Manager. Texas HHS System -Data Use Agreement -Attachment 2: SPI Version 2.1 (06/2018) Page 18 of 18 SECURITY AND PRIVACY INQUIRY (SPI) DocuSign Envelope ID: D548B109-B7AC-423C-B0CE-AFAFA689161C Certificate Of Completion Envelope Id: D548B109B7AC423CB0CEAFAFA689161C Status: Sent Subject: New 328,736.00; HHS001021100001; Corpus Christi-Nueces County Public Health District; DSHS/RLHO Source Envelope: Document Pages: 95 Signatures: 0 Envelope Originator: Certificate Pages: 2 Initials: 0 Texas Health and Human Services Commission AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 1100 W. 49th St. Austin, TX 78756 PCS_DocuSign@hhsc.state.tx.us IP Address: 167.137.1.11 Record Tracking Status: Original 4/20/2021 10:25:29 PM Holder: Texas Health and Human Services Commission PCS_DocuSign@hhsc.state.tx.us Location: DocuSign Signer Events Signature Timestamp Reilly Webb Reilly.Webb@hhs.texas.gov Security Level: Email, Account Authentication (None) Completed Using IP Address: 167.137.1.13 Sent: 4/22/2021 5:11:49 AM Viewed: 4/22/2021 8:32:47 AM Signed: 4/22/2021 8:32:53 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Annette Rodriguez annetter@cctexas.com Health Director Corpus Christi-Nueces County Public Health District Security Level: Email, Account Authentication (None) Sent: 4/22/2021 8:32:57 AM Viewed: 5/5/2021 3:17:20 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign David Gruber david.gruber@dshs.texas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp CMS Inbox cmucontracts@dshs.texas.gov Security Level: Email, Account Authentication (None) Sent: 4/22/2021 5:11:49 AM Electronic Record and Signature Disclosure: Carbon Copy Events Status Timestamp Not Offered via DocuSign Elma Medina elma.medina@dshs.texas.gov Security Level: Email, Account Authentication (None) Sent: 4/22/2021 5:11:48 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Isidoro Prado isidorop@cctexas.com Security Level: Email, Account Authentication (None) Sent: 4/22/2021 8:32:57 AM Viewed: 4/22/2021 8:47:33 AM 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 4/22/2021 5:11:49 AM Payment Events Status Timestamps DATE: June 2, 2021 TO: Peter Zanoni, City Manager FROM: Annette Rodriguez, MPH, Director of Public Health Annetter@cctexas.com 361-826-7203 CAPTION: Ordinance authorizing acceptance and appropriation of following grants totaling in the amount of $1,090,981.00 from the Texas Department of State Health Services: Laboratory Response Network Contract Amendment No. 5 in amount of $205,548; Immunization Contract Amendment No. 3 in amount of $334,077 and appropriating $70,000 in program income; Epidemiology Capacity Expansion Contract Amendment No. 2 in amount of $409,711; Tuberculosis Prevention and Control Contract Amendment No. 2 in amount of $61,645; and Laboratory Response Network Influenza Contract in amount of $10,000. SUMMARY: Authorizing the City Manager or designee to execute any future contract amendments from the Texas Department of State Health Services (DSHS) in grant fund 1066 of the following grants: Laboratory Response Network (LRN) contract, Immunization (IMM) contract, Epidemiology Capacity (Epi Capacity) contract, Tuberculosis (TB) contract, Laboratory Response Network Influenza (LRN FLU) contract. BACKGROUND AND FINDINGS: DSHS has awarded the following contract amendments; LRN, IMM, Epi Capacity, TB and FLU to provide funding for public health services to fund personnel, fringe benefits and supplies to support the provision of essential public health services including disease investigation and surveillance, and laboratory services. ALTERNATIVES: Refuse the contract amendments and discontinue local public health services program that enables the Health District to provide for local public health services including disease investigation and surveillance and laboratory services. Acceptance of the Laboratory Response Network, Immunization, Epidemiology Capacity, Tuberculosis, and Laboratory Response Network Influenza, contract amendments AGENDA MEMORANDUM First Reading for the City Council Meeting of June 22, 2021 Second Reading for the City Council Meeting of June 29, 2021 FISCAL IMPACT: This Ordinance increase Health Grants Revenue totaling $1,090,981.00 from the Texas Department of State Health Services, in the following areas: Laboratory Response Network Contract Amendment No. 5 in amount of $205,548; Immunization Contract Amendment No. 3 in amount of $334,077 and $70,000 in program income; Epidemiology Capacity Expansion Contract Amendment No. 2 in amount of $409,711; Tuber culosis Prevention and Control Contract Amendment No. 2 in amount of $61,645; and Laboratory Response Network Influenza Contract in amount of $10,000, for their designated purpose. Funding Detail: Fund: 1066 Organization/Activity: 831523F, 830942S, 830975S Mission Element: 103 Project # (CIP Only): Account: Fund: 1066 Organization/Activity: 830122F,830422S Mission Element: 102 Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of contract amendments. LIST OF SUPPORTING DOCUMENTS: LRN contract amendment Imm contract amendment Epi contract amendment TB contract amendment FLU contract amendment Ordinance Ordinance authorizing acceptance and appropriation of following grants in the Health Grants Fund No. 1066 from the Texas Department of State Health Services: Laboratory Response Network Contract Amendment No. 5 in amount of $205,548; Immunization Contract Amendment No. 3 in amount of $334,077 and appropriating $70,000 in program income; Epidemiology Capacity Expansion Contract Amendment No. 2 in amount of $409,711; Tuberculosis Prevention and Control Contract Amendment No. 2 in amount of $61,645; and Laboratory Response Network Influenza Contract in amount of $10,000. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1: The City Manager or designee is authorized to execute all documents necessary to accept and appropriate Amendment No. 5 to the Laboratory Response Network Contract in the amount of $205,548 from the Texas Department of State Health Services in the Health Grants Fund No. 1066, for the contract period of July 1, 2021 through June 30, 2022 to provide continued emergency preparedness laboratory services. Section 2: The City Manager or designee is authorized to execute all documents necessary to accept and appropriate Amendment No. 3 to the IMM/LOCALS Contract in the am ount of $334,077 from the Texas Department of State Health Services in the Health Grants Fund No. 1066, and $70,000 in program income, for the contract period of September 1, 2021 through August 31, 2022 t o implement and operate an immunization program. Section 3. The City Manager or designee is authorized to execute all documents necessary to accept and appropriate Amendment No. 2 to the Texas Epidemiology Capacity Expansion Grant Program in the amount of $409,711 from the Texas Department of State Health Services in the Health Grants Fund No. 1066, for the contract period of September 1, 2021 through August 31, 2023 to provide funding for infectious disease surveillance and epidemiology activities. Section 4. The City Manager or designee is authorized to execute all documents necessary to accept and appropriate Amendment No. 2 to the Tuberculosis Prevention and Control Contract in the amount of $61,245 from the Texas Department of State Health Services in the Health Grants Fund No. 1066, for the contract period of September 1, 2021 through August 31, 2022 to provide funding for Tuberculosis Prevention and Control. Section 5. The City Manager or designee is authorized to execute all documents necessary to accept and appropriate Laboratory Response Network Influenza Surveillance and Epidemiology Activities grant contract in the amount of $10,000.00 from the Texas Department of State Health Services in the Health Grants Fund to provide flu testing September 1, 2021 through August 31, 2022. Section 6: The City Manager or designee is authorized to execute any future amendments to the grant contracts described herein which extend the contract period or increase or decrease the amount of the grant. Any such amendments are authorized to be appropriated in the Health Grants Fund No. 1066. Section 7 : A copy of the executed grant amendments shall be filed in the office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2019, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2019. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor Annette Rodriguez Corpus Christi-Nueces County Public Health District 1702 Horne Road Corpus Christi, Texas 78416 Subject: Laboratory Response Network (LRN-PHEP) Contract Contract Number: 537-18-0147-00001, Amendment No. 5 Contract Amount: $1,120,781.00 Contract Term: July 1, 2017 through June 30, 2022 Dear Ms. Rodriguez: Enclosed is the Laboratory Response Network Amendment No. 5 between the Department of State Health Services and Corpus Christi-Nueces County Public Health District. The purpose of this Contract is to perform Level 3 chemical laboratory surge capacity activities from the Centers for Disease Control and Prevention (CDC) in support of public health emergency preparedness. This Amendment No. 5: 1) Increases the total contract value by $226,103.00 (reflecting $205,548.00 in federal funding and $20,555.00 in match funding) for FY2022; 2) Extends the end of the contract term to June 30, 2022; and 3) Revises Attachments to the Contract. Please let me know if you have any questions or need additional information. Sincerely, Quynh-Nhi Ge, CTCM Contract Manager 512-776-2304 Quynhnhi.Ge@dshs.texas.gov DocuSign Envelope ID: 3BC58F2B-225F-4B3C-AFD2-4DADE7AA8A3C System Agency Contract No. 537-18-0147-00001 Page 1 of 3 DEPARTMENT OF STATE HEALTH SERVICES CONTRACT NO. 537-18-0147-00001 AMENDMENT NO. 5 RENEWAL The Department of State Health Services ("System Agency") and Corpus Christi-Nueces County Public Health District ("Grantee"), each a “Party” and collectively the “Parties” to that certain grant contract to provide funding for Level 3 chemical laboratory surge capacity activities, effective July 1, 2017, and denominated as System Agency Contract No. 537-18-0147-00001 (the “Contract”), as amended, now want to further amend the Contract. WHEREAS, the Parties desire to amend the Contract in accordance with ATTACHMENT C, UNIFORM TERMS AND CONDITIONS, ARTICLE IX, SECTION 9.01 (AMENDMENT) of the Contract; WHEREAS, System Agency has elected to extend the term of the Contract in accordance with SECTION III, DURATION of the Contract; WHEREAS, the Parties desire to revise the Budget to add funds to the Contract for the period from July 1, 2021, through June 30, 2022 (“Fiscal Year 2022” or “FY2022”); WHEREAS, the Parties desire to revise the Statement of Work; WHEREAS, the Parties desire to modify the Notice to Proceed provision of the Contract; and WHEREAS, the Parties desire to incorporate ATTACHMENT C.5 FFATA CERTIFICATION FORM into the Contract. NOW, THEREFORE, the Parties amend and modify the Contract as follows: 1. SECTION III, DURATION, of the Signature Document is amended to reflect a revised termination date of June 30, 2022. 2. SECTION IV, BUDGET, of the Signature Document is amended to add $205,548.00 in federal funding to the Contract with the Grantee providing a total of $20,555.00 in matching funds for FY2022. The total Contract amount is not to exceed $1,018,890.00 in federal funding and $101,891.00 in matching funds for a combined total of $1,120,781.00. All expenditures under the Contract will be in accordance with the revised budget set forth herein. Funds provided in support of one Contract activity may only be used for that activity and may not be comingled with other funds provided under this Contract. 3. SECTION VIII, NOTICE TO PROCEED, of the Signature Document is deleted in its entirety and replaced with the following: DocuSign Envelope ID: 3BC58F2B-225F-4B3C-AFD2-4DADE7AA8A3C System Agency Contract No. 537-18-0147-00001 Page 2 of 3 VIII. NOTICE TO PROCEED Funding for this Contract is dependent on the award of the applicable federal grant. No FY2022 work may begin and no charges may be incurred until the System Agency issues a written Notice to Proceed to Grantee. This Notice to Proceed may include an amended or ratified budget which will be incorporated into this Contract by a subsequent amendment, as necessary. Notwithstanding the preceding, at the discretion of the System Agency, Grantee may be eligible to receive reimbursement for eligible expenses incurred during the period of performance as defined by 2 CFR §200.309. 4. ATTACHMENT B, BUDGET, is deleted in its entirety and replaced with the following: Budget Categories FY18 Budget Summary (7/1/17 – 6/30/18) FY19 Budget Summary (7/1/18 – 6/30/19) FY20 Budget Summary (7/1/19 – 6/30/20) FY21 Budget Summary (7/1/20– 6/30/21) FY22 Budget Summary (7/1/21– 6/30/22) Total Budget Summary Personnel $96,660.00 $99,077.00 $101,568.00 $104,016.00 $114,048.00 $515,369.00 Fringe Benefits $39,940.00 $42,425.00 $43,491.00 $44,540.00 $49,679.00 $220,075.00 Travel $14,096.00 $10,427.00 $10,004.00 $10,002.00 $5,585.00 $50,114.00 Equipment $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Supplies $19,567.00 $15,514.00 $16,401.00 $13,906.00 $5,152.00 $70,540.00 Contractual $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Other $30,860.00 $33,680.00 $34,084.00 $33,084.00 $31,084.00 $162,792.00 Sum of DSHS Direct Costs $201,123.00 $201,123.00 $205,548.00 $205,548.00 $205,548.00 $1,018,890.00 Indirect Costs $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Sum of DSHS Direct Costs and Indirect Costs $201,123.00 $201,123.00 $205,548.00 $205,548.00 $205,548.00 $1,018,890.00 Plus, Required Match (Cash or In-Kind) $20,113.00 $20,113.00 $20,555.00 $20,555.00 $20,555.00 $101,891.00 Total Contract Amount $221,236.00 $221,236.00 $226,103.00 $226,103.00 $226,103.00 $1,120,781.00 It is agreed that Grantee shall provide total matching funds in the amount of $101,891.00. 5. ATTACHMENT A.4, FY2021 STATEMENT OF WORK, is amended and replaced in its entirety with ATTACHMENT A.5, FY2022 STATEMENT OF WORK. 6. ATTACHMENT C.5, FFATA CERTIFICATION FORM, is attached to this Amendment and incorporated into the Contract as if fully set forth therein. 7. This Amendment shall be effective on July 1, 2021, or the date last signed below, whichever is later. 8. Except as amended or modified by this Amendment No. 5, all terms and conditions of the Contract, as amended, shall remain in full force and effect. 9. Any further revisions to the Contract shall be by written agreement of the Parties. SIGNATURE PAGE FOLLOWS DocuSign Envelope ID: 3BC58F2B-225F-4B3C-AFD2-4DADE7AA8A3C System Agency Contract No. 537-18-0147-00001 Page 3 of 3 SIGNATURE PAGE FOR AMENDMENT NO. 5 SYSTEM AGENCY CONTRACT NO. 537-18-0147-00001 DEPARTMENT OF STATE HEALTH SERVICES CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT By: __________________________ Name:_______________________ Title: ________________________ By: __________________________ Name:_______________________ Title: ________________________ Date of Execution: ______________ Date of Execution: ______________ THE FOLLOWING ATTACHMENTS ARE ATTACHED AND INCORPORATED AS PART OF THE CONTRACT: ATTACHMENT A.5 - FY2022 STATEMENT OF WORK ATTACHMENT C.5 - FFATA CERTIFICATION FORM DocuSign Envelope ID: 3BC58F2B-225F-4B3C-AFD2-4DADE7AA8A3C Health Director Annette Rodriguez ATTACHMENT A.5 FY2022 STATEMENT OF WORK July 1, 2021 through June 30, 2022 System Agency Contract No. 537-18-0147-00001 Page 1 I. GRANTEE RESPONSIBILITIES Grantee will: A. Perform activities in support of the Public Health Emergency Preparedness Cooperative Agreement and the Office of the Assistant Secretary for Preparedness and Response (“OASPR”) from the Centers for Disease Control and Prevention (“CDC”). Activities include but are not limited to: continuing Level 3 chemical laboratory surge capacity activities; complying with new Laboratory Response Network (“LRN”) requirements for biological laboratories; coordinating with cross-cutting public health preparedness partners; and analyzing real-time clinical specimens. CDC’s five-year Public Health Emergency Preparedness (“PHEP”) – Hospital Preparedness Program (“HPP”) Cooperative Agreement seeks to align PHEP and HPP programs and advance public health and healthcare preparedness and ensure jurisdictions are capable of providing a standard battery of tests for high-priority biological threats and emerging infectious diseases. B. Perform activities in the following counties (hereinafter referred to as the "service area"): San Patricio, Nueces, Aransas, Jim Wells, Kleberg, Victoria, Bee, Calhoun, Goliad, Jackson, Live Oak, and Refugio. C. Comply with new biological laboratory requirements in accordance with the revised CDC policy for LRN-B Reference Level Laboratories. Laboratories must attain and maintain LRN-B Member Standard Level as detailed in the LRN Checklist of Laboratory Requirements. Minimum standards are required for testing capabilities, administrative activities, emerging infectious disease preparedness, and instrumentation and equipment. D. Match funds awarded under this Contract with costs or third-party contributions that are not paid by the federal government under another award, except where authorized by federal statute to be used for cost sharing or matching. The non-federal contributions (match) may be provided directly or through donations from public or private entities and may be in cash or in-kind donations, fairly evaluated, including plant, equipment, or services. The costs that the Grantee incurs in fulfilling the matching or cost -sharing requirement are subject to the same requirements, including the cost principles, that are applicable to the use of federal funds, including prior approval requirements and other rules for allowable costs as described in 45 CFR 74.23 and 45 CFR 92.24, as amended. Grantee will provide matching funds in the amount of ten percent (10%) of the Contract amount as set forth in Attachment B, Budget. Cash match is defined as an expenditure of cash by the Grantee on allowable costs of this Contract that are borne by the Grantee. In- kind match is defined as the dollar value of non-cash contributions by a third party given DocuSign Envelope ID: 3BC58F2B-225F-4B3C-AFD2-4DADE7AA8A3C ATTACHMENT A.5 FY2022 STATEMENT OF WORK July 1, 2021 through June 30, 2022 System Agency Contract No. 537-18-0147-00001 Page 2 in goods, commodities, or services that are used in activities that benefit this Contract’s project and that are contributed by non-federal third parties without charge to the Grantee. The criteria for match must: 1. Be an allowable cost under the applicable federal cost principle; 2. Be necessary and reasonable for the efficient accomplishment of project or program objectives; 3. Be verifiable within the Grantee’s (or subgrantee’s) records; 4. Be documented, including methods and sources, in the approved budget (applies only to cost reimbursement contracts); 5. Not be included as contributions toward any other federally-assisted project or program (match can count only once); 6. Not be paid by the federal government under another award, except where authorized by federal statute to be used for cost sharing or match; 7. Conform to other provisions of governing circulars/statutes/regulations as applicable for the Contract; 8. Be adequately documented; 9. Follow procedures for generally accepted accounting practices as well as meet audit requirements; and 10. Value the in-kind contributions reported and be supported by documentation reflecting the use of goods and/or services during the Contract term. E. Notify System Agency in advance of Grantee’s plans to participate in or conduct local exercises, in a format specified by System Agency. Grantee will participate in statewide exercises planned by System Agency as needed to assess the capacity of Grantee to respond to bioterrorism, other outbreaks of infectious disease, and other public health threats and emergencies. Grantee will prepare after-action reports, documenting and correcting any identified gaps or weaknesses in preparedness plans identified during exercise, in a form specified by System Agency. F. Cooperate with System Agency to coordinate all planning, training and exercises performed under this Contract with the Governor's Division of Emergency Management of the State of Texas, or other points of contact at the discretion of the Division for Regional and Local Health Operations, to ensure consistency and coordination of requirements at the local level and eliminate duplication of effort between the various domestic preparedness funding sources in the state. G. In the event of a public health emergency involving a portion of the state, mobilize and dispatch staff or equipment purchased with funds from previous PHEP cooperative DocuSign Envelope ID: 3BC58F2B-225F-4B3C-AFD2-4DADE7AA8A3C ATTACHMENT A.5 FY2022 STATEMENT OF WORK July 1, 2021 through June 30, 2022 System Agency Contract No. 537-18-0147-00001 Page 3 agreements and not performing critical duties in the jurisdiction served, to the affected area of the state upon receipt of a written request from System Agency. H. Develop, implement and maintain a timekeeping system for accurately documenting staff time and salary expenditures for all staff funded through this Contract, including partial full-time employees and temporary staff. I. Maintain a confirmatory bioterrorism testing laboratory with a staff trained and proficient in CDC’s LRN biothreat protocols. J. Train other Grantee laboratory staff in setting up and performing all diagnostic and reference testing for select biological agents. K. Provide test samples from identified service area for biothreat agents and toxins. Once biological agent is identified, Grantee will be prepared to test for other infectious agents and for other public health threats and emergencies. L. Test food samples for select biological agents using conventional and advanced bacteriological techniques and CDC-LRN protocols. M. Monitor and evaluate biothreat incidents, outbreaks of infectious disease and other public health threats and emergencies. N. Communicate with all other laboratories within the designated service area. O. Maintain extensive collaboration with local law enforcement, hazardous material and other emergency responders. In addition, Grantee will prepare Standard Operating Procedures and Standard Operating Guidelines (“SOPs”/”SOGs”) covering interaction with these agencies in the event of an emergency or incident. P. Maintain extensive collaboration with all hospitals located in the identified service area to plan for response activities for biological threats. LRN service regions can be found here: http://www.dshs.texas.gov/lab/eprLRN.shtm. Q. Review and approve all current preparedness SOPs/SOGs (copy of the titled, dated, and initialed/signed review sheet) for use by the respective laboratories with quarterly reports. R. Utilize System Agency’s provided Public Health Laboratory Information Management System (“PHLIMS”), or a LIMS that has been configured to be compatible with the CDC DocuSign Envelope ID: 3BC58F2B-225F-4B3C-AFD2-4DADE7AA8A3C ATTACHMENT A.5 FY2022 STATEMENT OF WORK July 1, 2021 through June 30, 2022 System Agency Contract No. 537-18-0147-00001 Page 4 Results Messenger (“RM”) reporting system, or CDC RM for reporting biothreat testing and results. This reporting will include sample and laboratory data as well as the final report. S. Prepare/provide current information during an incident about status on individual samples, sample load/overload, personnel, reagent, equipment, and facilities. T. Provide to System Agency an LRN surge capability plan within a timeline designated by System Agency that details how the LRN laboratory will manage a surge in sample capacity. The plan should include: work hours, instruments and equipment, personnel and staffing, and essential lab services that must be maintained during an outbreak or emergency event. U. Present laboratory-oriented training to hospitals and reference laboratories in the identified service area on the LRN sentinel protocols to include packaging and shipping of both biological and chemical samples according to published CDC protocols. V. Maintain a system for safe specimen transport from local laboratories. W. Explore the capabilities and needs of sentinel laboratories. X. Inform System Agency of Grantee's plans, via email or telephone, to meet updated LRN- B program requirements for Standard Reference Level Laboratories as outlined in the Funding Opportunity Announcement (“FOA”). Y. Provide programmatic quarterly reports within the established timeframe designated by the Contractual Requirements Schedule. Grantee will provide System Agency other reports, including financial reports, and any other reports that System Agency determines necessary to accomplish the objectives of this Contract and to monitor compliance. Z. Submit an End-of-Year Performance Report in a format specified by System Agency within an established timeframe designated by the Contractual Requirements Schedule. AA. Report as requested by System Agency to satisfy information-sharing requirements set forth in Texas Government Code, Sections 421.071 and 421.072 (b) and (c), as amended. Grantee shall immediately notify System Agency in writing if Grantee is legally prohibited from providing any reports required under this Contract. BB. Initiate the purchase of all equipment approved in writing by the System Agency in the DocuSign Envelope ID: 3BC58F2B-225F-4B3C-AFD2-4DADE7AA8A3C ATTACHMENT A.5 FY2022 STATEMENT OF WORK July 1, 2021 through June 30, 2022 System Agency Contract No. 537-18-0147-00001 Page 5 first quarter of the FY2022 Contract term, as applicable. Failure to timely initiate the purchase of equipment may result in the loss of availability of funds for the purchase of equipment. Requests to purchase previously approved equipment after the first quarter in the Contract must be submitted to the assigned System Agency contract manager. CC. Maintain an inventory of equipment, supplies defined as Controlled Assets, and real property. Grantee shall submit an annual cumulative report of the equipment and other property on HHS System Agency Grantee’s Property Inventory Report, as designated on the Contractual Requirements Schedule, not later than October 15 of each year. Controlled Assets include firearms, regardless of the acquisition cost, and the following assets with an acquisition cost of $500 or more, but less than $5,000: desktop and laptop computers (including notebooks, tablets and similar devices), non-portable printers and copiers, emergency management equipment, communication devices and systems, medical and laboratory equipment, and media equipment. Controlled Assets are considered Supplies. DD. Not use System Agency funds to purchase buildings or real property without prior written approval from the System Agency. Any costs related to the initial acquisition of the buildings or real property are not allowable without written pre-approval. EE. At the expiration or termination of this Contract for any reason, title to any remaining equipment and supplies purchased with funds under this Contract reverts to System Agency. Title may be transferred to any other party designated by System Agency. The System Agency may, at its option and to the extent allowed by law, transfer the reversionary interest to such property to Grantee. FF. In the event of a local, state, or federal emergency, the Grantee has the authority to utilize approximately five percent (5%) of the Grantee’s staff’s time supporting this Contract for response efforts. System Agency will reimburse Grantee up to five percent of this Contract funded by CDC for personnel costs responding to an emergency event. Grantee will maintain records to document the time spent on response efforts for auditing purposes. Allowable activities also include participation in drills and exercises in the pre-event time period. Grantee will notify the Assigned Contract Manager in writing when this provision is implemented. GG. Comply with all applicable federal and state laws, rules, and re gulations, as amended, including, but not limited to, the following: 1. Public Law 107-188, Public Health Security and Bioterrorism Preparedness and Response Act of 2002; DocuSign Envelope ID: 3BC58F2B-225F-4B3C-AFD2-4DADE7AA8A3C ATTACHMENT A.5 FY2022 STATEMENT OF WORK July 1, 2021 through June 30, 2022 System Agency Contract No. 537-18-0147-00001 Page 6 2. Public Law 113-05, Pandemic and All-Hazards Preparedness Reauthorization Act; and 3. Texas Health and Safety Code Chapter 81. HH. Comply with the following documents and resources, as amended and updated, which are incorporated by reference and made a part of this Contract: 1. System Agency and CDC Public Health Emergency Preparedness Cooperative Agreement; 2. Public Health Preparedness Capabilities: National Standards for State and Local Planning, March 2011: https://www.cdc.gov/cpr/readiness/capabilities.htm; 3. Presidential Policy Directive 8/PPD-8, March 30, 2011: https://www.dhs.gov/presidential-policy-directive-8-national-preparedness; 4. Homeland Security Exercise and Evaluation Plan (“HSEEP”) Documents: https://preptoolkit.fema.gov/web/hseep-resources; 5. Texas Ready: Be Informed, Make a Plan, Build a Kit, Videos, Resources: https://texasready.gov; 6. Preparedness Program Guidance(s) as provided by System Agency and CDC; and 7. Office of the Assistant Secretary for Preparedness and Response (ASPR) Hospital Preparedness Program – CFDA Number 93.074: https://www.phe.gov/Preparedness/planning/hpp/Pages/default.aspx. Grantee is responsible for maintaining contact with the foregoing documents and resources as they or their weblink may be changed and updated over time. II. PERFORMANCE MEASURES A. System Agency will monitor the Grantee’s compliance with the requirements in this Contract and failure to meet these requirements may result in withholding a portion of the current LRN base awards. B. Grantee must demonstrate adherence to reporting deadlines and the capability to receive, stage, store, distribute and dispense materiel during a public health emergency. The initial reporting requirement schedule for the requirements is subject to change as System Agency and CDC may modify requirements and due dates. System Agency will send a requirements schedule within thirty (30) days of the Fiscal Year 2022 start date. III. INVOICE AND PAYMENT A. Grantee will request payment using the State of Texas Purchase Voucher (Form B-13) on DocuSign Envelope ID: 3BC58F2B-225F-4B3C-AFD2-4DADE7AA8A3C ATTACHMENT A.5 FY2022 STATEMENT OF WORK July 1, 2021 through June 30, 2022 System Agency Contract No. 537-18-0147-00001 Page 7 a monthly basis and acceptable supporting documentation for reimbursement of the required services/deliverables. The Grantee will submit the Financial Status Report (FSR- 269A). Additionally, the Grantee will submit the Match Certification Form (B-13A), at the end of the fourth quarter. Vouchers, supporting documentation, Financial Status Reports, and Match Certification Forms should be mailed or emailed to the addresses below. Department of State Health Services Claims Processing Unit, MC 1940 1100 West 49th Street P.O. Box 149347 Austin, TX 78714-9347 FAX: (512) 458-7442 EMAIL: invoices@dshs.texas.gov & CMSInvoices@dshs.texas.gov B-13s and supporting documentation should be sent to: invoices@dshs.texas.gov & CMSInvoices@dshs.texas.gov & cc your Assigned Contract Manager. FSRs should be sent to: FSRGrants@dshs.texas.gov & CMSInvoices@dshs.texas.gov & cc your Assigned Contract Manager. B. Grantee will be reimbursed on a monthly basis and in accordance with ATTACHMENT B, BUDGET of this Contract. C. System Agency reserves the right, where allowed by legal authority, to redirect funds in the event of financial shortfalls. System Agency will monitor Grantee’s expenditures on a quarterly basis. If expenditures are below that projected in Grantee’s total Contract amount, Grantee’s budget may be subject to a decrease for the remainder of the term of the Contract. Vacant positions existing after ninety (90) days may result in a decrease in funds. D. Grantee may request a one-time working capital advance not to exceed twelve percent (12%) of the total amount of the Contract funded by System Agency. All advances must be expended by the end of the Contract term. Advances not expended by the end of the Contract term must be refunded to System Agency. Grantee will repay all or part of advance funds at any time during the Contract’s term. However, if the advance has not been repaid prior to the last three months of the Contract term, the Grantee must deduct at least one-third of the remaining advance from each of the last three months’ reimbursement requests. If the advance is not repaid prior to the last three months of the Contract term, System Agency will reduce the reimbursement request DocuSign Envelope ID: 3BC58F2B-225F-4B3C-AFD2-4DADE7AA8A3C ATTACHMENT A.5 FY2022 STATEMENT OF WORK July 1, 2021 through June 30, 2022 System Agency Contract No. 537-18-0147-00001 Page 8 by one-third of the remaining balance of the advance. E. For the purposes of this Contract, the Grantee may not use funds for fundraising activities, lobbying, research, construction, major renovations and reimbursement of pre-award costs, clinical care, purchase of vehicles of any kind, funding an award to another party or provider who is ineligible, backfilling costs for staff or the purchase of incentive items. DocuSign Envelope ID: 3BC58F2B-225F-4B3C-AFD2-4DADE7AA8A3C Attachment C.5 Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION -1 - Department of State Health Services Form 4734 – June 2013 The certifications enumerated below represent material facts upon which DSHS relies when reporting information to the federal government required under federal law. If the Department later determines that the Contractor knowingly rendered an erroneous certification, DSHS may pursue all available remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written notice to DSHS if at any time Signor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. If the Signor cannot certify all of the statements contained in this section, Signor must provide written notice to DSHS detailing which of the below statements it cannot certify and why. Legal Name of Contractor: FFATA Contact # 1 Name, Email and Phone Number: Primary Address of Contractor: FFATA Contact #2 Name, Email and Phone Number: ZIP Code: 9-digits Required www.usps.com - DUNS Number: 9-digits Required www.sam.gov State of Texas Comptroller Vendor Identification Number (VIN) 14 Digits Printed Name of Authorized Representative Signature of Authorized Representative Title of Authorized Representative Date DocuSign Envelope ID: 3BC58F2B-225F-4B3C-AFD2-4DADE7AA8A3C Annette Rodriguez Health Director -2 - Department of State Health Services Form 4734 – June 2013 Attachment C.5 Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION As the duly authorized representative (Signor) of the Contractor, I hereby certify that the statements made by me in this certification form are true, complete and correct to the best of my knowledge. Did your organization have a gross income, from all sources, of less than $300,000 in your previous tax year? Yes No If your answer is "Yes", skip questions "A", "B", and "C" and finish the certification. If your answer is "No", answer questions "A" and "B". ________________________________________________________________________ A.Certification Regarding % of Annual Gross from Federal Awards. Did your organization receive 80% or more of its annual gross revenue from federal awards during the preceding fiscal year? Yes No B.Certification Regarding Amount of Annual Gross from Federal Awards. Did your organization receive $25 million or more in annual gross revenues from federal awards in the preceding fiscal year? Yes No If your answer is "Yes" to both question "A" and "B", you must answer question "C". If your answer is "No" to either question "A" or "B", skip question "C" and finish the certification. ________________________________________________________________________ C.Certification Regarding Public Access to Compensation Information. Does the public have access to information about the compensation of the seni or executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or sect ion 6104 of the Internal Revenue Code of 1986? Yes No If your answer is “Yes” to this question, where can this information be accessed? ________________________________________________________________________ If your answer is “No” to this question, you must provide the names and total compensation of the top five highly compensated officers below. For example: John Blum:500000;Mary Redd:50000;Eric Gant:400000;Todd Platt:300000; Sally Tom:300000 Provide compensation information here: DocuSign Envelope ID: 3BC58F2B-225F-4B3C-AFD2-4DADE7AA8A3C Certificate Of Completion Envelope Id: 3BC58F2B225F4B3CAFD24DADE7AA8A3C Status: Sent Subject: Amending $1,120,781; 537-18-0147-00001; Corpus Christi Nueces Cnty Hlth Dist A-5; DSHS CPS/ LRN Source Envelope: Document Pages: 22 Signatures: 0 Envelope Originator: Certificate Pages: 2 Initials: 0 Texas Health and Human Services Commission AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 1100 W. 49th St. Austin, TX 78756 PCS_DocuSign@hhsc.state.tx.us IP Address: 167.137.1.11 Record Tracking Status: Original 3/24/2021 7:32:56 AM Holder: Texas Health and Human Services Commission PCS_DocuSign@hhsc.state.tx.us Location: DocuSign Signer Events Signature Timestamp Annette Rodriguez annetter@cctexas.com Health Director Corpus Christi-Nueces County Public Health District Security Level: Email, Account Authentication (None) Sent: 3/24/2021 1:45:35 PM Viewed: 3/25/2021 5:42:14 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Andy Marker Edward.Marker@hhsc.state.tx.us Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Karen Ray karen.ray@hhs.texas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jennifer Sims Jennifer.Sims@dshs.texas.gov 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 CMS Inbox cmucontracts@dshs.texas.gov Security Level: Email, Account Authentication (None) Sent: 3/24/2021 1:45:34 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Quynh-Nhi Ge Quynhnhi.Ge@dshs.texas.gov Security Level: Email, Account Authentication (None) Sent: 3/24/2021 1:45:34 PM Viewed: 3/24/2021 1:46:07 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Dina Chavez dina@cctexas.com Security Level: Email, Account Authentication (None) Sent: 3/24/2021 1:45:35 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 3/24/2021 1:45:34 PM Payment Events Status Timestamps Annette Rodriguez, MPH Corpus Christi-Nueces County Public Health District 1702 Horne Road Corpus Christi, Texas 78416 Subject: IMM/LOCALS Contract Number: HHS000114000001, Amendment No. 3 Contract Amount: $1,058,988.00 Contract Term: 9/01/2018 – 8/31/2022 Dear Ms. Rodriguez: Enclosed is the IMM/LOCALS contract between the Department of State Health Services and Corpus Christi-Nueces County Public Health District. The purpose of this contract is to implement and operate an immunization program for children, adolescents, and adults, with special emphasis on accelerating interventions to improve the immunization coverage of children three (3) years of age or younger (birth to 35 months of age). This amendment increases the contract amount by $92,440.00 for COVID funding and by $241,637.00 for FY 2022 and extends the end of the contract term to August 31, 2022. Please let me know if you have any questions or need additional information. Sincerely, Holly Zoerner Contract Manager holly.zoerner@dshs.texas.gov DocuSign Envelope ID: BFC47434-8BE7-44DB-BAC9-428C685C9C7B DSHS Contract No. HHS000114000001 Page 2 of 31 Amendment 3 DEPARTMENT OF STATE HEALTH SERVICES CONTRACT NO. HHS000114000001 AMENDMENT NO. 3 The Department of State Health Services (“DSHS” or “System Agency”) and Corpus Christi- Nueces County Public Health District (“Grantee”), collectively referred to herein as the “Parties,” to that certain Immunization/Locals Grant Program Contract effective September 1, 2018 and denominated DSHS Contract No. HHS000114000001 (the “Contract”), as amended, now desire to further amend the Contract. WHEREAS, the Parties desire to revise the Legal Authority, Statement of Work, and Budget, replace the Guidance Document that delineates Grantee’s responsibilities under the Contract, and extend the term of the Contract to allow for successful completion of the Project; WHEREAS, DSHS has chosen to exercise its option to extend the Contract in accordance with SECTION III, DURATION, of the Contract for an additional one-year term; WHEREAS, DSHS desires to add funding for Coronavirus Disease 2019 (COVID-19) activities; and WHEREAS, DSHS desires to add funds for the additional one-year term. NOW, THEREFORE, the Parties hereby amend and modify the Contract as follows: 1. SECTION II of the Contract, LEGAL AUTHORITY, is revised to read as follows: This Contract is authorized by and in compliance with the provisions of the Public Health Services Act Section 317, 42 U.S. Code Section 247B, Texas Health and Safety Code Chapter 12, and Texas Government Code Chapter 791, the Interlocal Cooperation Act. 2. SECTION III of the Contract, DURATION, is hereby amended to reflect a revised termination date of August 31, 2022, unless renewed, extended, or terminated pursuant to the terms and conditions of the Contract. The new term of the Contract begins on September 1, 2021 and ends on August 31, 2022 (the “Third Renewal Term,” “Fiscal Year 2022,” or “FY 2022”). 3. SECTION IV of the Contract, BUDGET, is hereby amended to add a one-time, lump sum of COVID-19 funds to the Contract of NINETY-TWO THOUSAND, FOUR HUNDRED FORTY DOLLARS ($92,440.00) and the amount of TWO HUNDRED FORTY-ONE THOUSAND, SIX HUNDRED THIRTY-SEVEN DOLLARS ($241,637.00) for FY 2022. The Contract shall not exceed the amount of ONE MILLION, FIFTY-EIGHT THOUSAND, NINE HUNDRED EIGHTY-EIGHT DOLLARS ($1,058,988.00). All expenditures of the additional funds must conform with ATTACHMENT B-3, REVISED BUDGET. 4. ATTACHMENT A-1 of the Contract, REVISED STATEMENT OF WORK, is hereby amended to add the following new schedule for required quarterly reports due in the Third Renewal DocuSign Envelope ID: BFC47434-8BE7-44DB-BAC9-428C685C9C7B DSHS Contract No. HHS000114000001 Page 3 of 31 Amendment 3 Term under Section I. GRANTEE RESPONSIBILITES, Subsection T., after the fiscal year 2021 reporting schedule added by AMENDMENT NO. 2: Report Type Reporting Period Report Due Date Programmatic 09/01/2021 to 11/30/2021 12/31/2021 Programmatic 12/01/2021 to 02/28/2022 03/31/2022 Programmatic 03/01/2022 to 05/30/2022 06/30/2022 Programmatic 06/01/2022 to 08/31/2022 10/31/2022 5. ATTACHMENT A-1 of the Contract, REVISED STATEMENT OF WORK, is hereby amended to add the following Section: IV. COVID–19 VACCINATION ACTIVITES FUNDING This section regards funding to local health departments currently under immunization contracts to facilitate COVID-19 vaccination and recruitment activities. The fundamental purpose of this funding will be to support the purchase of CDC and DSHS approved infrastructure, staff, and equipment to facilitate COVID-19 vaccination opportunities and uptake in the identified jurisdiction. Allocation could also be utilized to develop provider recruitment and its associated expenses allowable under the federal funding agency for FY 2021 and FY 2022. 6. ATTACHMENT B-2 of the Contract, FISCAL YEAR 2021 BUDGET, is hereby supplemented with the addition of ATTACHMENT B-3, REVISED BUDGET. 7. ATTACHMENT H-1 of the Contract, IMMUNIZATION/LOCALS PROGRAM GUIDANCE DOCUMENT, is hereby deleted in its entirety and replaced with ATTACHMENT H-2, IMMUNIZATION/LOCALS PROGRAM GUIDANCE DOCUMENT. 8. This Amendment No. 3 shall be effective upon the date of the last signature. 9. Except as modified by this Amendment No. 3, all terms and conditions of the Contract, as amended, shall remain in full force and effect. 10. Any further revision to the Contract shall be by written agreement of the Parties. SIGNATURE PAGE FOLLOWS DocuSign Envelope ID: BFC47434-8BE7-44DB-BAC9-428C685C9C7B DSHS Contract No. HHS000114000001 Page 4 of 31 Amendment 3 SIGNATURE PAGE FOR AMENDMENT NO. 3 DSHS CONTRACT NO. HHS000114000001 DEPARTMENT OF STATE OF HEALTH SERVICES CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT By: ______________________________ By: _______________________________ Date of Execution: ___________________ Date of Execution: ____________________ THE FOLLOWING ATTACHMENTS ARE ATTACHED AND INCORPORATED AS PART OF THE CONTRACT: ATTACHMENT B-3 REVISED BUDGET ATTACHMENT F-3 FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY (FFATA) ATTACHMENT H-2 IMMUNIZATION/LOCALS PROGRAM GUIDANCE DOCUMENT ATTACHMENTS FOLLOW DocuSign Envelope ID: BFC47434-8BE7-44DB-BAC9-428C685C9C7B Annette Rodriquez Health Director DSHS Contract No. HHS000114000001 Page 5 of 31 Amendment 3 ATTACHMENT B-3 REVISED BUDGET Organization Name: Corpus Christi-Nueces County Public Health District (City) Program ID: IMM/LOCALS Contract Number: HHS000114000001 Budget Categories Budget for FY 2022 COVID-19 Budget for FY 2021 -2022 Total A-3 Budget September 1, 2021 - August 31, 2022 Upon Amendment No.3 Execution- August 31, 2022 Personnel $156,234.00 $51,200.00 $207,434.00 Fringe $78,117.00 $21,043.00 $99,160.00 Travel $6,215.00 $0.00 $6,215.00 Equipment $0.00 $16,490.00 $16,490.00 Supplies $1,071.00 $1,707.00 $2,778.00 Contractual $0.00 $0.00 $0.00 Other $0.00 $2,000.00 $2,000.00 Total Direct $241,637.00 $92,440.00 $334,077.00 Indirect $0.00 $0.00 $0.00 Total $241,637.00 $92,440.00 $334,077.00 Remainder of page intentionally left blank DocuSign Envelope ID: BFC47434-8BE7-44DB-BAC9-428C685C9C7B DSHS Contract No. HHS000114000001 Page 6 of 31 Amendment 3 ATTACHMENT F-3 DocuSign Envelope ID: BFC47434-8BE7-44DB-BAC9-428C685C9C7B Annette Rodriquez Health Director DSHS Contract No. HHS000114000001 Page 7 of 31 Amendment 3 DocuSign Envelope ID: BFC47434-8BE7-44DB-BAC9-428C685C9C7B DSHS Contract No. HHS000114000001 Page 8 of 31 Amendment 3 ATTACHMENT H-2 IMMUNIZATION/LOCALS PROGRAM GUIDANCE DOCUMENT GRANTEE RESPONSIBILITIES 1. PROGRAM & CONTRACT MANAGEMENT 1.1. PROGRAM MANAGEMENT 1.1.01 Implement and operate an Immunization Program as a Responsible Entity Standard (Universal) 1.1.02 Identify at least one individual to act as the program contact in the following areas: 1. Immunization Program Manager; 2. RE Contract Coordinators; 3. RE School Compliance Coordinators; 4. RE Perinatal Hepatitis B Case Manager; 5. RE Disease Surveillance Coordinators; 6. RE Clinical Coordinators; 7. RE Texas Immunization Registry Coordinators; 8. RE TVFC & ASN Coordinators; and 9. RE Coalition Coordinators Required Activity 1.1.03 Attend all required trainings for each Area of Work as specified in the Immunization Program Contractor’s Guide. Ensure that the Immunization Program Manager and TVFC and ASN Coordinator attend the annual Immunization Unit mandatory in- person meeting Required Activity 1.1.04 Comply with the DSHS Immunization Contractor’s Guide for Local Health Departments which includes all immunization grant objectives and required activities. The Immunization Contractor’s Guide is Attachment A of the ILA and will be attached to the executed contract Standard (Universal) 1.1.05 Annually complete one LHD Deputization Addendum Form (EF11-13999) for all Provider Identification Numbers (PIN) associated with the LHD Grantee to ensure eligibility to provide immunization services to underinsured children Required Activity 1.1.06 Maintain staffing levels adequate to meet the required activities of this contract and to assure expenditure of all contract funds Standard (Universal) DocuSign Envelope ID: BFC47434-8BE7-44DB-BAC9-428C685C9C7B DSHS Contract No. HHS000114000001 Page 9 of 31 Amendment 3 1.1.07 Develop and implement an employee immunization policy for Grantee’s immunization program staff according to CDC recommendations Required Activity 1.1.08 Maintain a record of orientation (new staff) and ongoing training for existing contract-funded staff involved in the provision of immunization services Required Activity 1.1.09 Inform DSHS (in writing) of any changes (both departures and arrivals) in LHD Medical Director, Immunization Program Manager and all other positions listed under activity 1.1.02 within 30 days of staffing changes Required Activity 1.1.10 Submit a written notification for contract-funded staff positions that remain vacant more than 90 days Required Activity 1.1.11 Have a standard method to document all work time spent performing immunization activities for staff who are partially funded with immunization contract funds Standard (Universal) 1.1.12 Use the results of the community assessment conducted in activity 4.7.01 to review and address an immunization need within the LHD jurisdiction Suggested Activity 1.2. PROGRAM COMPLIANCE 1.2.01 Comply with all applicable federal and state regulations and statutes as amended, including, but not limited to: 1. Texas Human Resources Code §42.043; 2. Texas Education Code §§38.001-38.002; 3. Texas Health and Safety Code §§12.032-12.033, 81.023, and 161.001-161.009; 4. Texas Administrative Code (TAC) Title 25, Chapter 97; 5. TAC Title 25, Chapter 96; 6. TAC Title 25, Chapter 100; 7. 42 USC §§247b and 300aa-25; 8. Omnibus Budget Reconciliation Act of 1993; and 9. 26 USC §4980B Standard (Universal) 1.2.02 Ensure compliance with Health and Human Services (HHS) Deputization Guidance. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractor’s Guide for Local Health Departments Standard (Universal) 1.3. FINANCIAL MANAGEMENT DocuSign Envelope ID: BFC47434-8BE7-44DB-BAC9-428C685C9C7B DSHS Contract No. HHS000114000001 Page 10 of 31 Amendment 3 1.3.01 Agree DSHS reserves the right, where allowed by legal authority, to redirect funds in the event of financial shortfalls Standard (Universal) 1.3.02 Submit monthly invoices with appropriate supplemental documentation and request monthly payments using the State of Texas Purchase Voucher (Form B-13) and in accordance with the DSHS Immunization Contractor’s Guide for Local Health Departments Required Activity 1.3.03 Agree DSHS will pay Grantee on a cost reimbursement basis Standard (Universal) 1.3.04 Adhere to travel rates set by the State of Texas TexTravel unless the LHD has their own travel policy. Standard (Universal) 1.3.05 Review monthly contract funding expenditures to ensure that all funds will be properly expended before the end of the contract period Standard (Universal) 1.3.06 Lapse no more than 5 percent of total funded amount of the contract Required Activity 1.3.07 Submit requests to move more than 25% of the total contract amount between direct budget categories in writing to the DSHS Contract Management Section (CMS) in Austin and obtain approval before monies can be transferred Standard (When Applicable) 1.3.08 Expend funds consistently throughout the contract term, approximately 25% per quarter Suggested Activity 1.4. CONTRACT MANAGEMENT 1.4.01 Initiate the purchase of approved equipment purchases in the first quarter of the Contract term. Requests to purchase previously approved equipment after the first quarter must be submitted to the contract manager. Changes to the approved equipment budget category must be approved by DSHS prior to the purchase of equipment. If a Grantee would like to deviate from the approved equipment budget, a written request to amend the budget is required Standard (When Applicable) 1.5. CONTRACT QUALITY ASSURANCE 1.5.01 Participate in remote and on-site technical assistance Required Activity 1.5.02 Participate in on-site contract evaluation visits Required Activity DocuSign Envelope ID: BFC47434-8BE7-44DB-BAC9-428C685C9C7B DSHS Contract No. HHS000114000001 Page 11 of 31 Amendment 3 1.6. CONTRACT ACCOUNTABILITY 1.6.01 Submit Corrective Action Plan (CAP) letter to Public Health Region Program Manager and DSHS Contract Management Section (CMS) within 30 days after the date of the written notification from DSHS CMS of the on-site evaluation findings (if applicable) Required Activity 1.6.02 Maintain property records for property and equipment funded or property provided by grant funds Standard (Universal) 1.7. REQUIRED REPORTING 1.7.01 Complete and submit Immunization Inter-Local Agreement (ILA) Quarterly Report and supplemental documents according to the formats, mechanisms, and timeframes specified in the DSHS Immunization Contractor’s Guide for Local Health Departments Required Activity 1.7.02 Report program income (PI) generated as a result of the DSHS immunization contract activities on the quarterly financial status report (FSR) Required Activity 1.7.03 Ensure all program income (PI) generated as a result of the DSHS immunization contract activities is expended in accordance with the DSHS Immunization Contractor’s Guide for Local Health Departments Standard (Universal) 1.7.04 Submit quarterly FSRs to Accounts Payable by the last business day of the month following the end of each quarter for review and financial assessment. Submit the final FSR no later than forty-five (45) calendar days following the end of the applicable term Required Activity 2. FACILITY IMMUNIZATION ASSESSMENTS 2.1. CHILDCARE & SCHOOL COMPLIANCE 2.1.01 Assess compliance with vaccine requirements at assigned schools and childcare facilities Standard (Universal) DocuSign Envelope ID: BFC47434-8BE7-44DB-BAC9-428C685C9C7B DSHS Contract No. HHS000114000001 Page 12 of 31 Amendment 3 2.1.02 Complete 100% of assigned childcare facility audits/assessments. By July 15 of contract year, local health department staff will complete 100% of assigned childcare audits and submit into the Children Health Reporting System (CHRS) Required Activity 2.1.03 Complete 100% of assigned public and private school audits, assessments, and/or validation/retrospective surveys in accordance with the DSHS Immunization Contractor’s Guide for Local Health Departments by June 15 of contract year, local health department staff will complete 100% of assigned school audits and submit electronically (probably in Survey Gizmo, possibly via email) Required Activity 2.2. CHILDCARE & SCHOOL COMPLIANCE QA 2.2.01 Provide education to school and childcare facilities with high provisional, delinquency, and/or exemption rates at time of audit or when noncompliant records are identified. Report education provided to school or childcare staff in accordance with the DSHS Immunization Contractor’s Guide for Local Health Departments Required Activity 2.2.02 Provide feedback to DSHS ACE Group regarding trends/issues for vaccine requirements in accordance with the DSHS Immunization Contractor’s Guide for Local Health Departments Required Activity 2.2.03 Contact schools/districts to remind them to report during the Annual School Survey reporting period in accordance with the DSHS Immunization Contractor’s Guide for Local Health Departments Required Activity 2.3. FIRST RESPONDER IMMUNIZATION ASSESSMENTS 2.3.01 Educate and inform first responder facilities on the use of the Texas Immunization Registry to assess first responder immunization records and forecast any future immunization needs. Use the First Responder Immunization Toolkit (FRIT) to drive these activities Suggested Activity DocuSign Envelope ID: BFC47434-8BE7-44DB-BAC9-428C685C9C7B DSHS Contract No. HHS000114000001 Page 13 of 31 Amendment 3 3. MANAGING TVFC AND ASN PROVIDERS 3.1. PROVIDER RECRUITMENT 3.1.01 Recruit additional TVFC providers to administer vaccines to program-eligible populations. The goal is to increase each local health department's provider enrollment by 5% Suggested Activity 3.1.02 Ensure New Enrollment Checklist (11-15016) is completed for all clinics that join the TVFC/ASN Program Required Activity 3.1.03 Collaborate with medical societies and/or local health provider organizations to identify providers to recruit and enroll Suggested Activity 3.2. PROVIDER RETENTION 3.2.01 Sustain a network (through re-enrollment) of TVFC providers to administer vaccines to program-eligible populations Required Activity 3.2.02 Promote TVFC and ASN Provider achievements: - Implement incentives for provider sites that reach vaccination coverage rate goals; and - Implement incentives to recognize sites during national observances (i.e. NIIW, NIAM, and NIVW) Suggested Activity 3.3. PROVIDER EDUCATION DocuSign Envelope ID: BFC47434-8BE7-44DB-BAC9-428C685C9C7B DSHS Contract No. HHS000114000001 Page 14 of 31 Amendment 3 3.3.01 Provide a training for TVFC and ASN providers within the LHD Grantee's jurisdiction on the policies outlined in the TVFC and ASN Provider Manual and recommended procedures for implementing them. These include: - procedures for following storage and handling guidelines; - procedures for vaccine management; - procedures for using the DSHS vaccine management system (EVI); - procedures for vaccine borrowing; - procedures for other compliance guidelines; - appropriate reporting of vaccine adverse events; - appropriate routine and emergency vaccine storage and handling plans; and - meeting the federal requirement that the most current Vaccine Information Statements (VIS) (available at (http://www.cdc.gov/vaccines/hcp/vis/index.html) must be distributed to patients prior to patient vaccination Suggested Activity 3.3.02 Notify providers of TVFC and ASN updates and changes to program policies and procedures. Notify TVFC/ASN providers of the following: - CDC and DSHS Announcements; - TVFC/ASN Trainings; - Vaccine storage and handling policy updates; - Vaccine ordering changes; and - Vaccine choice Standard (Universal) 3.3.03 Educate and assist TVFC and ASN providers on a quarterly basis with Provider Choice, as necessary Standard (Universal) 3.3.04 Inform TVFC and ASN providers of the most up-to-date, DSHS-produced immunization information for their offices Standard (Universal) 3.3.05 Identify TVFC and ASN providers experiencing high volumes of vaccine loss and develop process improvements/trainings aimed at reducing the amount of vaccine loss (including wasted and expired) in their clinics Required Activity 3.4. PROVIDER VACCINE MANAGEMENT DocuSign Envelope ID: BFC47434-8BE7-44DB-BAC9-428C685C9C7B DSHS Contract No. HHS000114000001 Page 15 of 31 Amendment 3 3.4.01 Utilize the DSHS Inventory Tracking Electronic Asset Management System (iTEAMS) reports and other provider submitted reports to perform 100% of quality assurance reviews on the following TVFC and ASN: - monthly biological reports (doses administered and current inventory); - vaccine orders; - temperature log; and - clinic hours of operation from TVFC and ASN providers in LHD Grantee's jurisdiction. Address all issues identified during review Required Activity 3.4.02 Transfer vaccines that cannot be stored within provider offices (ex. accidental large orders) and vaccines approaching expiration between providers in LHD Grantee's jurisdiction for immediate use Standard (Universal) 3.4.03 Ensure provider participation in vaccine ordering and inventory management using the Electronic Vaccine Inventory (EVI) system: - Educate providers regarding vaccine ordering policies; and - Train providers to use the EVI system for inventory and order entry Standard (Universal) 3.4.04 Assist TVFC and ASN providers in LHD Grantee's jurisdiction on the maintenance of appropriate vaccine stock levels. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractor’s Guide for Local Health Departments and the current TVFC and ASN Program Operations Manual for Responsible Entities Standard (Universal) 3.4.05 Train TVFC and ASN providers within LHD Grantee’s jurisdiction to ensure that expired and spoiled/wasted vaccines are appropriately identified and entered into the Electronic Vaccine Inventory (EVI) system. Train providers to complete returns to CDC’s centralized distributor within six months of product expiration Standard (Universal) 3.4.06 Ensure that 100% of TVFC providers within the LHD Grantee's jurisdiction complete the annual influenza pre-book survey Required Activity 3.5. PROVIDER QUALITY ASSURANCE DocuSign Envelope ID: BFC47434-8BE7-44DB-BAC9-428C685C9C7B DSHS Contract No. HHS000114000001 Page 16 of 31 Amendment 3 3.5.01 Utilize the CDC Provider Education Assessment and Reporting (PEAR) system and CDC Immunization Quality Improvement for Providers (IQIP) database to document TVFC compliance and IQIP site visits for all subcontracted clinics and non-LHD Grantee’s clinics (as applicable) Required Activity 3.5.02 Utilize the CDC PEAR system and directly enter data into PEAR to document TVFC unannounced storage and handling visits to a minimum of 10% of providers within the LHD Grantee's jurisdiction Required Activity 3.5.03 Utilize the CDC PEAR system and directly enter data into PEAR to document TVFC Unannounced Storage and Handling Visits, Compliance Visits and other visits conducted at TVFC provider offices Required Activity 3.5.04 Complete and document 100% of the follow-up activities for TVFC quality assurance visits within required timeframes Required Activity 3.5.05 Utilize Texas Immunization Registry or DSHS-provided coverage rates to assess immunization practices and coverage rates for all subcontracted entities and non-LHD Grantee’s clinics (as applicable) Required Activity 3.5.06 Review 100% of re-enrollment applications from TVFC and ASN providers in your jurisdiction by the DSHS specified deadline Required Activity 3.5.07 Ensure that expired, wasted, and unaccounted-for vaccines (excluding flu) do not exceed 5% in TVFC provider clinics within the LHD Grantee’s jurisdiction Standard (Universal) 3.5.08 Review monthly reports to ensure data quality. This includes: - Identify sites that have not administered or ordered vaccine in the previous six months. Conduct a discussion and develop a plan of action; - Identify sites that are suspended to ensure 90 days is not exceeded; and - Ensure enrollment and withdrawal forms are submitted correctly and on time to the PHR staff Required Activity 3.5.09 Review submitted reports to ensure data quality. This includes: - Quarterly, review 25% of enrolled sites to ensure contacts are listed correctly in EVI; and - Quarterly, review 25% of enrolled sites and provide education for the Vaccine borrowing and Vaccine transfer forms Suggested Activity DocuSign Envelope ID: BFC47434-8BE7-44DB-BAC9-428C685C9C7B DSHS Contract No. HHS000114000001 Page 17 of 31 Amendment 3 3.5.10 Review monthly data logger reports for 25% of providers in LHD Grantee's jurisdiction to validate the accuracy of provider- submitted monthly temperature reporting forms Suggested Activity 3.5.11 Review monthly data logger reports to validate the accuracy of provider-submitted monthly temperature reporting forms for all providers within LHD Grantee's jurisdiction who experience a vaccine loss as a result of temperature excursions Standard (Conditional) 3.5.12 Conduct a monthly review of 10% of randomly selected providers in LHD Grantee's jurisdiction to identify vaccine loss report forms that were completed in EVI but were not submitted Suggested Activity 3.5.13 Conduct a quarterly review of 25% of providers in LHD Grantee's jurisdiction to identify those that have adjusted more than 10% of their vaccine inventory Suggested Activity 3.5.14 Conduct a quarterly review of 25% of providers in LHD Grantee's jurisdiction to ensure the reported patient population matches the number of doses ordered Suggested Activity 3.5.15 Utilize the CDC IQIP database and directly enter data to document IQIP follow-ups visits conducted at TVFC provider offices Required Activity 3.6. PROVIDER ACCOUNTABILITY 3.6.01 Track, report and follow up on vaccine fraud and abuse cases Standard (Universal) 3.6.02 Complete program evaluation activities with TVFC and ASN providers to address issues identified as noncompliance issues For all TVFC providers, document corrective action plans in the CDC PEAR system as a contact Required Activity 3.7. RE STAFF EDUCATION 3.7.01 Train LHD Grantee’s staff to follow the policies and procedures outlined in the TVFC & ASN Program Operations Manual for Responsible Entities. Provide training on TVFC and ASN requirements and updates (as described in the TVFC & ASN Program Operations Manual for Responsible Entities) annually at a minimum Required Activity DocuSign Envelope ID: BFC47434-8BE7-44DB-BAC9-428C685C9C7B DSHS Contract No. HHS000114000001 Page 18 of 31 Amendment 3 3.7.02 For personnel identified by DSHS, attend and/or complete the following trainings: - CDC Immunization Trainings; - TVFC/ASN Annual Trainings; - Annual Responsible Entity Training; and - Public Health Region (PHR) Trainings Required Activity 3.7.03 Ensure that the TVFC & ASN Coordinator conducts quality assurance on 10% of the temperature recording logs that were reviewed by their staff each quarter Suggested Activity 3.8. RE COMPLIANCE 3.8.01 Comply with the current DSHS Immunization Contractor’s Guide for Local Health Departments and the TVFC and ASN Operations Manual for Responsible Entities Standard (Universal) 3.8.02 Receive regional approval for any vaccine transfers and document those transfers in EVI within 24 hours of the transfer occurring Standard (Universal) 3.8.03 Address general inquiries by providers about the TVFC/ASN Program, and ensure timely follow-up on requests for information Standard (Universal) 3.8.04 Ensure that providers within LHD Grantee's jurisdiction are adhering to the vaccine borrowing procedures outlined in the TVFC and ASN Provider Manual Report the number of borrowing forms submitted by quarter in the Immunization Inter-Local Agreement (ILA) Quarterly Report Required Activity 3.9. RE EMERGENCY RESPONSE 3.9.01 Communicate the importance of an Emergency Vaccine Storage and Handling Plan to all clinics in the LHD Grantee's jurisdiction. Provide technical assistance to support the successful activation of each clinic’s Emergency Vaccine Storage and Handling Plan Standard (Universal) 3.9.02 Transfer, accept, and store TVFC and ASN vaccines from clinics in the LHD Grantee's jurisdiction if there is a failure in the clinic’s Emergency Vaccine Storage and Handling Plan Standard (Universal) DocuSign Envelope ID: BFC47434-8BE7-44DB-BAC9-428C685C9C7B DSHS Contract No. HHS000114000001 Page 19 of 31 Amendment 3 3.9.03 Be prepared to pack and ship vaccine to other sites, as directed by the DSHS Immunization Unit Required Activity 4. EPIDEMIOLOGY & SURVEILLANCE 4.1. PERINATAL HEPATITIS B CASE IDENTIFICATION 4.1.01 Conduct identification and case management of perinatal hepatitis B cases Standard (Universal) 4.1.02 Determine the number of newborns that do not receive the first dose of the hepatitis B vaccine and/or HBIG and work with those facilities to ensure all at-risk infants receive the hepatitis B vaccine series and HBIG within 12 hours of birth Required Activity 4.1.03 Ensure timely follow-up and reporting of case status of possible moms as reported by DSHS within 2 weeks of receipt of report Required Activity 4.2. PERINATAL HEPATITIS B CASE MANAGEMENT 4.2.01 Contact and provide case management to 100% of hepatitis B surface antigen-positive pregnant women identified, along with their infants and contacts Required Activity 4.3. PERINATAL HEPATITIS B REPORTING 4.3.01 For all cases documented as 'lost-to-follow-up' on the Perinatal Hepatitis B case management form, report the number and types of attempted activities performed in locating the mother or guardian of the infant to the DSHS Immunization Unit on the Perinatal Hepatitis B case management form Required Activity 4.4. PERINATAL HEPATITIS B EDUCATION 4.4.01 Require Perinatal Hepatitis B Case Manager to attend the biannual conference Required Activity DocuSign Envelope ID: BFC47434-8BE7-44DB-BAC9-428C685C9C7B DSHS Contract No. HHS000114000001 Page 20 of 31 Amendment 3 4.4.02 Conduct educational training for hospitals, prenatal care providers, pediatricians, birthing facilities, and other healthcare providers/facilities within the Grantee’s jurisdiction, to increase identification, timely reporting, and appropriate case management of pregnant woman with hepatitis and their infants and contacts. Required Activity 4.4.03 Work with partners, as appropriate, to ensure coordination of activities aimed at preventing perinatal hepatitis B transmission Standard (Universal) 4.5. DISEASE SURVEILLANCE 4.5.01 Complete investigation and document at least 90% of confirmed or probable reportable vaccine-preventable disease (VPD) cases within thirty (30) days of initial report to public health Required Activity 4.5.02 Adhere to the DSHS Emerging and Acute Infectious Disease Guidelines and current Epi Case Criteria Guide in conducting all activities Standard (Universal) 4.5.03 Ensure all new VPD surveillance staff attend 'Introduction to NBS' training and complete the certification process in order to gain access to the NBS system Required Activity 4.5.04 Complete all data entry into the Texas National Electronic Disease Surveillance System (NEDSS) Base System (NBS) following the NBS Data Entry Guidelines Standard (Universal) 4.5.05 Routinely review and follow up on all VPD laboratory reports received, including electronic lab reports (ELRs) generated through NBS in a timely fashion Standard (Universal) 4.5.06 Verify and enter complete vaccination history in NBS on all VPD investigations with case status of confirmed or probable. Complete vaccination history can be assessed through the Texas Immunization Registry, provider offices, school records, and/or patient records Required Activity 4.5.07 Initiate vaccine-based disease control activities by identifying population in need of a vaccination response and requesting vaccination services for that population by contacting the DSHS Vaccine-Preventable Disease (VPD) Surveillance Team Lead Standard (Universal) 4.6. DISEASE SURVEILLANCE EDUCATION DocuSign Envelope ID: BFC47434-8BE7-44DB-BAC9-428C685C9C7B DSHS Contract No. HHS000114000001 Page 21 of 31 Amendment 3 4.6.01 Educate physicians, laboratories, hospitals, schools, child- care staff, and other health providers on VPD reporting requirements Suggested Activity 4.7. NEEDS ASSESSMENT 4.7.01 Conduct a community needs assessment to identify gaps in coverage rates or “pockets of need” for immunization activities. Select an area of focus from the list of measurements provided in the Metrix or obtain approval from Immunization Unit epis for an alternate area of focus. Create an assessment plan, collect data, gather stakeholder feedback, and analyze the information Required Activity 4.7.02 Design an intervention to address the need identified in 4.7.01 Suggested Activity 5. PROVIDING A VACCINE SAFETY NET 5.1. CLINIC ENROLLMENT 5.1.01 Enroll all eligible LHD clinics into the TVFC and ASN Programs as providers Required Activity 5.1.02 Provide immunization services according to national standards for immunization practices for infants, children, adolescents, adults, and healthcare workers. LHD clinics will comply with the National Childhood Vaccine Injury Act of 1986 Standard (Universal) 5.2. CLINIC STAFF TRAINING DocuSign Envelope ID: BFC47434-8BE7-44DB-BAC9-428C685C9C7B DSHS Contract No. HHS000114000001 Page 22 of 31 Amendment 3 5.2.01 Train all clinic staff on the policies outlined in the TVFC and ASN Provider Manual and LHD procedures for implementing them. These include: - procedures for following storage and handling guidelines; - procedures for vaccine management; and - procedures for using the DSHS vaccine management system (EVI) procedures for other compliance guidelines Required Activity 5.2.02 Develop clinic staff education requirements. Ensure that persons who administer vaccines and staff that are involved in the vaccine administration process (including those who screen immunization records and administer vaccines) to follow Advisory Committee on Immunization Practices (ACIP) standards for children and adults and are knowledgeable on immunizations and immunization practices This can be accomplished by having staff complete the most current CDC Pink Book (Epidemiology and the Prevention of Vaccine Preventable Diseases) training and appropriate Vaccine Education Online (VEO) modules Required Activity 5.2.03 Develop eligibility screening and documentation policy for all LHD clinics. Provide training to all staff on appropriate screening and documentation for TVFC eligibility to ensure TVFC vaccine is administered only to TVFC-eligible children. Implement policy and plan for routine adherence to eligibility policies Required Activity 5.2.04 Develop and implement a policy on the use of the Texas Immunization Registry. Train LHD staff on conducting client searches in the Texas Immunization Registry and how to effectively enter client demographic and immunization information Required Activity 5.3. CLINIC IMMUNIZATION PRACTICES 5.3.01 Comply with current applicable state and federal standards, policies and guidelines for clinics Standard (Universal) 5.3.02 Provide vaccines regardless of residency or ability to pay Standard (Universal) 5.3.03 Adhere to clinical records retention schedule Standard (Universal) 5.3.04 Explain the benefits of a “medical home” and assist the parent/guardian in obtaining or identifying the child’s medical home Standard (Universal) DocuSign Envelope ID: BFC47434-8BE7-44DB-BAC9-428C685C9C7B DSHS Contract No. HHS000114000001 Page 23 of 31 Amendment 3 5.3.05 Discuss the next ACIP-recommended vaccines and refer the client to a medical home to complete the vaccination series Standard (Universal) 5.3.06 Maintain a list of current providers within the LHD’s jurisdiction who accept children on Medicaid or CHIP and make this list available to clinic clients and families as needed Standard (Universal) 5.3.07 Refer uninsured clients to Medicaid or the Children’s Health Insurance Program (CHIP) as appropriate Standard (Universal) 5.3.08 Ensure that all ACIP-recommended vaccines are routinely available and offered to TVFC patients Standard (Universal) 5.3.09 Ensure that all vaccines listed on the ASN vaccine formulary are available and offered to eligible adult patients Standard (Universal) 5.3.10 Establish “standing orders” for vaccination in LHD Grantee’s clinics that are consistent with legal requirements for standing orders (including, but not limited to, those found in the Texas Medical Practice Act) Required Activity 5.3.11 Search for the client's immunization history at every client encounter. Compare all immunization histories (Texas Immunization Registry, TWICES or EMR system, validated patient-held records, clinic medical record) and enter into the Texas Immunization Registry all historical immunizations not in the Registry at every client encounter. Review the client’s record for vaccines due and overdue according to the CDC recommended schedules at: https://www.cdc.gov/vaccines/schedules/index.html Standard (Universal) 5.3.12 Offer updated Immunization History Report to the client or client’s parent or guardian at every client encounter Standard (Universal) 5.3.13 Follow and explain recommended guidelines for obtaining and submitting ImmTrac2 consent forms according to the instructions found at http://www.dshs.texas.gov/immunize/immtrac/forms.shtm Standard (Universal) 5.3.14 Report to the Texas Immunization Registry all immunizations administered to consented children (younger than 18 years of age) and consented adults in LHD Grantee’s clinics, either by entering data directly into the Registry or through electronic data exchange via TWICES or an electronic medical record (EMR) system Standard (Universal) 5.3.15 Verbally and with DSHS-produced literature, inform parents at LHD Grantee’s clinics about the Texas Immunization Registry, the benefits of inclusion in the Registry, and the importance of maintaining a complete immunization history in the Registry Standard (Universal) DocuSign Envelope ID: BFC47434-8BE7-44DB-BAC9-428C685C9C7B DSHS Contract No. HHS000114000001 Page 24 of 31 Amendment 3 5.3.16 Update all demographic information, including address, email, and telephone number, at every client encounter in EMR and the Texas Immunization Registry Standard (Universal) 5.3.17 Verbally educate patients and parents/guardians about the benefits and risks of vaccination and distribute DSHS educational materials, as applicable, as part of this conversation Standard (Universal) 5.3.18 Follow only medically supportable contraindications to vaccination Standard (Universal) 5.3.19 Provide immunization services at times other than 8 am to 5 pm, Monday through Friday, at least once per month Required Activity 5.3.20 Institute infection control practices, including effective hand washing and management of hazardous waste Standard (Universal) 5.3.21 Maintain confidentiality of client information Standard (Universal) 5.3.22 Recommend the simultaneous administration of all needed vaccines for the patient Standard (Universal) 5.3.23 Implement clinic policy on screening and documentation of eligibility for TVFC vaccines. The policy must be consistent with the TVFC requirements outlined in the current TVFC and ASN Provider Manual Standard (Universal) 5.3.24 Participate in public health emergencies and exercises that may require vaccine administration to the public or first responders Suggested Activity 5.3.25 Conduct outreach activities to raise the immunization coverage levels of uninsured adults by visiting sites such as homeless shelters, halfway houses, day labor sites or other locations Suggested Activity 5.3.26 Coordinate with community vaccinators to conduct annual employee-based vaccination clinics for influenza vaccine administration Suggested Activity 5.4. CLINIC VACCINE MANAGEMENT 5.4.01 Ensure that all expired and spoiled/wasted vaccines are appropriately identified and entered into the Electronic Vaccine Inventory (EVI) system for the LHD Grantee’s clinics Required Activity DocuSign Envelope ID: BFC47434-8BE7-44DB-BAC9-428C685C9C7B DSHS Contract No. HHS000114000001 Page 25 of 31 Amendment 3 5.4.02 Submit returns for all vaccines distributed via CDC’s centralized distributor back to the centralized distributor for returns processing Standard (Universal) 5.5. CLINIC QUALITY ASSURANCE 5.5.01 Ensure that appropriate routine and emergency vaccine storage and handling plans are in place at each of the LHD Grantee clinic locations Required Activity 5.5.02 Ensure that expired, wasted, and unaccounted-for vaccines (excluding flu) do not exceed 5 percent in LHD Grantee’s clinics Standard (Universal) 5.6. CLINIC REPORTING 5.6.01 Conduct timely reporting of monthly clinic activities by recording vaccine inventory, doses administered, temperature logs and other reportable activities by the 5th of each month as described in the TVFC/ASN Provider Manual Required Activity 5.6.02 Report all notifiable conditions as specified in the DSHS Immunization Contractor’s Guide for Local Health Departments Standard (Universal) 5.6.03 Report all vaccine adverse events as specified in the DSHS Immunization Contractor’s Guide for Local Health Departments Standard (Universal) 5.6.04 Report the number of unduplicated underinsured clients and the number of doses administered to underinsured children monthly as specified in the DSHS Immunization Contractor’s Guide for Local Health Departments Required Activity 5.6.05 Conduct monthly reporting of doses administered to women veterans, as required in the ASN Program Required Activity 6. INCREASING USE OF THE TEXAS IMMUNIZATION REGISTRY 6.1. TEXAS IMMUNIZATION REGISTRY OUTREACH FOR IMMUNIZATION RECORDS DocuSign Envelope ID: BFC47434-8BE7-44DB-BAC9-428C685C9C7B DSHS Contract No. HHS000114000001 Page 26 of 31 Amendment 3 6.1.01 Conduct Texas Immunization Registry outreach to organizations regarding missing vaccinations for children and adults for whom consent has been granted but who do not have complete immunization records Suggested Activity 6.2. TEXAS IMMUNIZATION REGISTRY OUTREACH FOR PATIENT CONSENTS 6.2.01 Conduct activities aimed at increasing the consent rate for all age groups, including adults and individuals identified as recently moved in-state Suggested Activity 6.2.02 Conduct at least twelve (12) outreach and educational activities focused on 18-year-olds in high schools and colleges/universities in LHD Grantee's jurisdiction Required Activity 6.3. TEXAS IMMUNIZATION REGISTRY OUTREACH TO USERS 6.3.01 Conduct outreach to existing Registry users who have not logged into the Registry in the last 90 days Required Activity 6.3.02 Provide orientation to all new Texas Immunization Registry organizations within the LHD Grantee's jurisdiction at least once a year and maintain documentation of all technical assistance provided (e.g., telephone logs) Provide education and training on the effective use of the Texas Immunization Registry according to the Guidelines for Increasing the Use of the Texas Immunization Registry Identify and assist newly registered providers and new users reporting to the Texas Immunization Registry Suggested Activity 6.4. TEXAS IMMUNIZATION REGISTRY USER EDUCATION 6.4.01 Provide education, training, and technical assistance to promote the effective use of the Texas Immunization Registry by organizations Suggested Activity 6.4.02 Identify and assist providers to establish electronic affirmation of consent Required Activity 6.5. TEXAS IMMUNIZATION REGISTRY PROMOTION DocuSign Envelope ID: BFC47434-8BE7-44DB-BAC9-428C685C9C7B DSHS Contract No. HHS000114000001 Page 27 of 31 Amendment 3 6.5.01 Promote the use of the Texas Immunization Registry to organizations within the LHD Grantee's jurisdiction that are not currently enrolled in the Registry. Identify all providers who administer vaccine in awardee’s jurisdiction, including both pediatric and adult immunization providers. Educate them on their statutory requirement to report immunizations and on the enrollment process Required Activity 6.5.02 Provide education and technical assistance to birth registrars on the effective use of the Texas Immunization Registry Suggested Activity 6.5.03 Collaborate with prenatal healthcare providers, birth registrars, hospital staff, pediatricians, and other entities to educate parents, expectant parents, and providers about the Texas Immunization Registry and the benefits of participation. This includes the dissemination of DSHS educational materials as appropriate Suggested Activity 6.6. TEXAS IMMUNIZATION REGISTRY PROGRAM QUALITY IMPROVEMENT 6.6.01 Review the monthly Provider Activity Report (PAR) to identify organizations who are inactive or not routinely submitting immunization data or adding consented clients. Prioritize these organizations for outreach activities Required Activity 6.6.02 Review the quarterly Consent Accepted Rate Evaluation (CARE) report to target organizations with largest client volume and/or lowest consent acceptance rate. Prioritize these organizations for outreach activities Required Activity 6.6.03 Conduct a minimum of 60 Texas Immunization Registry organization quality improvement assessments per FTE each year as described in the Guidelines for Increasing the Use of the Texas Immunization Registry. (For jurisdictions with less than 60 orgs, conduct quality improvement assessment visits to 100% of your orgs) Required Activity 7. EDUCATION AND PARTNERSHIPS 7.1 PUBLIC EDUCATION 7.1.01 Inform and educate the public about vaccines and vaccine- preventable diseases Required Activity DocuSign Envelope ID: BFC47434-8BE7-44DB-BAC9-428C685C9C7B DSHS Contract No. HHS000114000001 Page 28 of 31 Amendment 3 7.1.02 Inform the general public about the TVFC and ASN Programs and the eligibility criteria for qualifying for the programs Required Activity 7.2 PROVIDER EDUCATION 7.2.01 Educate and update providers on the most current ACIP recommendations for all age groups Suggested Activity 7.2.02 Inform and highly recommend to the medical community and local providers within the LHD Grantee’s jurisdiction the most current Centers for Disease Control and Prevention (CDC) Epidemiology and Prevention of Vaccine-Preventable Disease (EPI-VAC) training (https://www.cdc.gov/vaccines/ed/webinar- epv/index.html). The most current “Pink Book,” titled Epidemiology and Prevention of Vaccine-Preventable Diseases, can be found on the CDC website at http://www.cdc.gov/vaccines/pubs/pinkbook/index.html Suggested Activity 7.2.03 Provide information to community healthcare employers (hospitals, clinics, doctor offices, long-term care facilities) about the importance of vaccination of healthcare workers Suggested Activity 7.2.04 Provide training relating to Standards for Child and Adolescent Immunization Practices and Standards for Adult Immunization Practices to all immunization providers within LHD Grantee’s jurisdiction Suggested Activity 7.2.05 Provide training opportunities and/or resources to assist immunization providers in communicating with patients and/or parents (e.g., making a strong recommendation, addressing vaccine hesitancy, etc.) Required Activity 7.3 STAFF EDUCATION 7.3.01 Work to ensure that all Immunization Program Grantee staff are knowledgeable about vaccines and VPDs Standard (Universal) 7.3.02 Develop and implement a written communications and customer service plan for Grantee’s staff to ensure customers receive consistent, correct immunization information and services in a courteous and friendly manner on a timely basis Required Activity 7.3.03 Educate healthcare workers on the importance of keeping themselves up-to-date with the vaccine schedule Required Activity DocuSign Envelope ID: BFC47434-8BE7-44DB-BAC9-428C685C9C7B DSHS Contract No. HHS000114000001 Page 29 of 31 Amendment 3 7.4 COALITION BUILDING 7.4.01 Appoint an immunization coalition coordinator Required Activity 7.4.02 Attend and participate in required coalition trainings sponsored by DSHS Required Activity 7.4.03 Develop and maintain a planning group with the goal of sustaining a coalition Suggested Activity 7.4.04 Engage and recruit community groups and immunization stakeholders into a coalition Suggested Activity 7.4.05 Facilitate and host coalition meetings Suggested Activity 7.4.06 Participate in monthly calls to provide updates on coalition collaboration activities Required Activity 7.4.07 Provide signed letters of agreement and other documentation of commitment to participate in coalition Suggested Activity 7.4.08 Document communications, group meetings, and planning of activities that promote the best practices identified in contract agreement (documents are to be accessible during site visits) Required Activity 7.5 COMMUNITY PARTNERSHIP 7.5.01 Plan and implement community education activities and partnerships aimed at improving and sustaining immunization coverage levels Required Activity 7.5.02 Conduct outreach and collaborative activities with American Indian tribes, if applicable Required Activity 7.5.03 Participate in at least one collaborative meeting concerning tribal health issues, concerns, or needs with American Indian tribal members, if applicable Required Activity 7.5.04 Coordinate educational and other activities with local Women, Infants, and Children (WIC) programs to ensure that children participating in WIC are screened and referred to their “medical home” for vaccination using a documented immunization history in accordance with the Standards for Child and Adolescent Immunization Practices Suggested Activity DocuSign Envelope ID: BFC47434-8BE7-44DB-BAC9-428C685C9C7B DSHS Contract No. HHS000114000001 Page 30 of 31 Amendment 3 7.5.05 Offer educational opportunities to all WIC Programs in the service area, including information about online and satellite- broadcast continuing education opportunities from the CDC Continuing Education website at https://www.cdc.gov/vaccines/ed/index.html Suggested Activity 7.5.06 Engage in education and partnerships aimed at reducing or eliminating coverage disparities by race, ethnicity, and socioeconomic status Required Activity 7.5.07 Maintain a contact list of providers, hospitals, schools, child- care facilities, social service agencies, and community groups involved in promoting immunizations and reducing vaccine- preventable diseases Required Activity 7.5.08 Participate in special initiatives as directed by the DSHS Immunization Unit Required Activity 7.5.09 Implement the DSHS Immunization Ambassador Program throughout Grantee’s jurisdiction Required Activity 7.6 STAKEHOLDER ENGAGEMENT 7.6.01 Attend all Texas Immunizers and Stakeholders Working Groups (TISWG) and other designated stakeholder meetings (these meetings can be attended remotely) Required Activity 7.6.02 Host at least 1 immunization stakeholder meeting per quarter (4 per contract year) Suggested Activity 7.7 MEDIA CAMPAIGNS 7.7.01 Distribute ASN information and educational materials at venues and clinics that serve eligible adults Required Activity 7.7.02 Distribute TVFC information and educational materials at venues that parents of TVFC-eligible children might frequent Required Activity 7.7.03 Participate, when directed, in statewide media campaigns by distributing DSHS-developed and produced public service announcements and materials to local television and radio stations, newspapers, parent publications, university newspapers, high school newspapers, and neighborhood newspapers Required Activity DocuSign Envelope ID: BFC47434-8BE7-44DB-BAC9-428C685C9C7B DSHS Contract No. HHS000114000001 Page 31 of 31 Amendment 3 7.7.04 Promote www.ImmunizeTexas.com, the Immunization Unit’s website; and any other Immunization Unit newsletters to providers in the LHD Grantee’s jurisdiction Required Activity 7.7.05 Use national immunization observances as opportunities to conduct specific education and promotional activities to give emphasis to the importance and benefits of vaccines: National Infant Immunization Week (NIIW), National Immunization Awareness Month (NIAM), and National Influenza Immunization Week (NIIW) Required Activity 7.7.06 Share available federal, state, and/or local adolescent vaccination coverage and/or vaccine-uptake-related data with partner organizations, adolescent immunization providers, and other stakeholders Required Activity DocuSign Envelope ID: BFC47434-8BE7-44DB-BAC9-428C685C9C7B Certificate Of Completion Envelope Id: BFC474348BE744DBBAC9428C685C9C7B Status: Sent Subject: Amending $1,058,988.00; HHS000114000001; Corpus Christi-Nueces; DSHS/CMS/IMM-Locals Source Envelope: Document Pages: 41 Signatures: 0 Envelope Originator: Certificate Pages: 2 Initials: 0 Texas Health and Human Services Commission AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 1100 W. 49th St. Austin, TX 78756 PCS_DocuSign@hhsc.state.tx.us IP Address: 167.137.1.12 Record Tracking Status: Original 4/6/2021 2:10:01 AM Holder: Texas Health and Human Services Commission PCS_DocuSign@hhsc.state.tx.us Location: DocuSign Signer Events Signature Timestamp Annette Rodriquez annetter@cctexas.com Health Director Corpus Christi-Nueces County Public Health District Security Level: Email, Account Authentication (None) Sent: 4/6/2021 11:42:56 AM Viewed: 4/8/2021 8:18:53 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Andy Marker Edward.Marker@hhsc.state.tx.us Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Karen Ray karen.ray@hhs.texas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jennifer Sims Jennifer.Sims@dshs.texas.gov 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 CMS inbox cmucontracts@dshs.texas.gov Security Level: Email, Account Authentication (None) Sent: 4/6/2021 11:42:56 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Holly Zoerner holly.zoerner@dshs.texas.gov Security Level: Email, Account Authentication (None) Sent: 4/6/2021 11:42:55 AM 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 4/6/2021 11:42:56 AM Payment Events Status Timestamps 1 Contract No. HHS000442100001 TEXAS DEPARTMENT OF STATE HEALTH SERVICES CONTRACT NO. HHS000442100001 AMENDMENT NO. 1 The DEPARTMENT OF STATE HEALTH SERVICES (“System Agency” or “DSHS”) and CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT ("Grantee"), collectively the "Parties" to that certain laboratory response network influenza surveillance and epidemiology grant Contract effective September 1, 2019, and denominated as DSHS Contract No. HHS000442100001 (the “Contract”), now want to amend the Contract. WHEREAS, the Parties want to extend the Contract duration; make additional funds available in support of the services provided during the extended term; and modify the Statement of Work. NOW, THEREFORE, the Parties amend the Contract as follows: 1. SECTION III, DURATION, of the Contract is amended to reflect a revised termination date of August 31, 2023. 2. SECTION IV, BUDGET, of the Contract is amended by adding $5,000.00 for the period of September 1, 2021 through August 31, 2022, and an additional $5,000.00 for the period of September 1, 2022 through August 31, 2023. The total not-to-exceed amount of the Contract is increased to $20,000.00. 3. ATTACHMENT A, STATEMENT OF WORK, of the Contract is deleted in its entirety and replaced with ATTACHMENT A-1 REVISED STATEMENT OF WORK. 4. ATTACHMENT B, BUDGET, of the Contract is supplemented with the addition of ATTACHMENT B-1 REVISED BUDGET. 5. This Amendment shall be effective as of September 1, 2021. 6. Except as amended and modified by this Amendment, all terms and conditions of the Contract, as amended, shall remain in effect. 7. Any further revisions to the Contract shall be by written agreement of the Parties. SIGNATURE PAGE FOLLOWS DocuSign Envelope ID: 596FB564-05DE-467C-8C3E-DDF35F97CC01 2 Contract No. HHS000442100001 SIGNATURE PAGE FOR AMENDMENT NO. 1 CONTRACT NO. HHS000442100001 DEPARTMENT OF STATE HEALTH SERVICES CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT By: __________________________ Name: _______________________ Title: ________________________ By: __________________________ Name: _______________________ Title: ________________________ Date of Signature: ______________ Date of Signature: ________________ THE FOLLOWING ATTACHMENTS ARE ATTACHED AND INCORPORATED AS PART OF THE CONTRACT: ATTACHMENT A-1 REVISED STATEMENT OF WORK ATTACHMENT B-1 REVISED BUDGET DocuSign Envelope ID: 596FB564-05DE-467C-8C3E-DDF35F97CC01 3 Contract No. HHS000442100001 ATTACHMENT A-1 REVISED STATEMENT OF WORK I. GRANTEE RESPONSIBILITIES Grantee will: A. Identify and recruit submitters of clinical specimens through discussions and an agreement with local health departments in the Grantee’s service area. Grantee may contact Emerging and Acute Infectious Disease Unit (EAIDU) at FLUTEXAS@dshs.texas.gov for guidance on appropriate submitters; B. Receive clinical specimens Monday through Friday from designated submitters within the Grantee’s service area; C. Test up to two hundred (200) clinical specimens in compliance with the Clinical Laboratory Improvement Act (CLIA’88) specifications for the period: September 1, 2021 to August 31, 2022; D. Test up to two hundred (200) clinical specimens in compliance with the Clinical Laboratory Improvement Act (CLIA’88) specifications for the period: September 1, 2022 to August 31, 2023; E. Perform on each specimen, the Centers for Disease Control and Prevention (CDC) Real Time (RT) Polymerase Chain Reaction Method (PCR) for typing of influenza viruses; F. Retain positive influenza specimens through the end of the Contract term; G. When directed by the Viral Isolation Team Lead and Medical Virology Group Manager within the Department of State Health Services (DSHS) Laboratory Services Section, appropriately submit the requested number of positive influenza specimens to the Laboratory Services Section, Texas Department of State Health Services, Austin, Texas or to another public health laboratory designated by DSHS within ten (10) business days of request. These specimens are not intended to be diagnostic and are submitted as part of a public health surveillance program; H. Comply with DSHS EAIDU program established influenza surveillance protocol located at https://www.dshs.state.tx.us/IDCU/disease/influenza/Texas-Influenza- Surveillance-Handbook.aspx; I. Comply with Texas Health and Safety Code Chapter §81.046 located at https://statutes.capitol.texas.gov/Docs/HS/pdf/HS.81.pdf; J. Receive a copy of the current influenza surveillance protocol from DSHS no later than the week-ending October 9, 2021 (Morbidity and Mortality Weekly Report (MMWR) week 40); DocuSign Envelope ID: 596FB564-05DE-467C-8C3E-DDF35F97CC01 4 Contract No. HHS000442100001 K. For the contract period September 1, 2022 to August 31, 2023, receive a copy of the current influenza surveillance protocol from DSHS no later than the week-ending October 8, 2022 (Morbidity and Mortality Weekly Report (MMWR) week 40); L. Ensure that at least one (1) healthcare provider, clinic, or hospital submits influenza surveillance specimens to the Grantee. Grantee will notify DSHS when a submitter is not submitting specimens routinely; M. Develop and submit a list of providers or facilities that routinely submit specimens to Grantee on or before November 30, 2021. List shall be submitted to DSHS by electronic mail to EAIDB@dshs.texas.gov and FLUTEXAS@dshs.texas.gov; N. For the contract period September 1, 2022 to August 31, 2023, develop and submit a list of providers or facilities that routinely submit specimens to Grantee on or before November 30, 2022. List shall be submitted by electronic mail to EAIDB@dshs.texas.gov and FLUTEXAS@dshs.texas.gov; O. Perform testing weekly unless no samples were received that week; P. In the format provided by DSHS, develop and submit written weekly reports on the RT- PCR influenza testing results from the previous week, each Monday, or if a holiday, the next business day beginning September 6, 2021 and continuing through the end of the Contract term. Reports should be sent by electronic mail to EAIDB@dshs.texas.gov and FLUTEXAS@dshs.texas.gov. All reports should be titled with the Contractor Name, Contract Number, IDCU/FLU LAB and the week of the report; Q. To receive payment from DSHS, Grantee must ensure compliance with reporting as follows: a. Compliant Grantees submit weekly RT-PCR influenza testing result reports in accordance with the format specified by DSHS; and b. Non-compliant Grantees submit less than 80% of the weekly RT-PCR influenza testing reports in accordance with the format specified by DSHS; R. Grantee shall initiate the purchase of all equipment approved in writing by the DSHS in the first quarter of the Contract term, as applicable. Failure to timely initiate the purchase of equipment may result in the loss of availability of funds for the purchase of equipment. Requests to purchase previously approved equipment after the first quarter of the Contract term must be submitted to the assigned DSHS contract manager. S. Controlled assets include firearms, regardless of the acquisition cost, and the following assets with an acquisition cost of $500 or more, but less than $5,000: desktop and laptop computers (including notebooks, tablets and similar devices), non-portable printers and copiers, emergency management equipment, communication devices and systems, medical and laboratory equipment, and media equipment. Controlled assets are considered supplies. DocuSign Envelope ID: 596FB564-05DE-467C-8C3E-DDF35F97CC01 5 Contract No. HHS000442100001 T. Grantee shall maintain an inventory of equipment and supplies defined as controlled assets, and real property. Grantee must submit, to the assigned DSHS Contract Manager, an annual cumulative report of the equipment and other property. The annual report must be submitted on DSHS Contractor’s Property Inventory Report form which can be located at http://www.dshs.texas.gov/grants/forms.shtm. The annual report must be submitted to the assigned DSHS contract manager by e-mail not later than October 15th of each contract year. U. DSHS funds must not be used to purchase buildings or real property without prior written approval from the DSHS. Any costs related to the initial acquisition of the buildings or real property are not allowable without prior written approval. II. PERFORMANCE MEASURES The System Agency will monitor the Grantee’s performance of the requirements in ATTACHMENT A-1 REVISED STATEMENT OF WORK and compliance with the Contract’s terms and conditions. III. INVOICE AND PAYMENT A. Grantee will submit requests for payment using the State of Texas Purchase Voucher (Form B-13) at https://www.dshs.state.tx.us/grants/forms.shtm and financial expenditure template monthly by the last business day of the month following the month in which expenses were incurred or services provided. Voucher and supporting documentation will be mailed or submitted by fax or electronic mail to the addresses/number below. Department of State Health Services Claims Processing Unit, MC 1940 1100 West 49th Street P.O. Box 149347 Austin, Texas 78714-9347 FAX: (512) 776-7442 EMAIL: invoices@dshs.texas.gov and CMSinvoices@dshs.texas.gov B. In the event a cost reimbursed under the Contract is later determined by DSHS to be disallowed, the Grantee will reimburse DSHS. DSHS has sole discretion to determine disallowed costs. C. Grantee will be paid on a cost reimbursement basis and in accordance with the Budget in Attachment B-1 of this Contract. D. For DSHS review and financial assessment, Grantee will submit quarterly Financial Status Reports (FSRs) by the last business day of the month following the end of each quarter of the Contract term. E. Grantee will submit request for reimbursement (Form B-13) as a final close-out invoice DocuSign Envelope ID: 596FB564-05DE-467C-8C3E-DDF35F97CC01 6 Contract No. HHS000442100001 not later than forty-five (45) calendar days following the end of the Contract term. Reimbursement requests received at the DSHS office specified in Section III (A) of Attachment A-1 more than forty-five (45) calendar days following the termination date of the Contract may not be paid. F. Grantee will submit a final FSR to DSHS as a final close-out FSR not later than forty- five (45) calendar days following the end of the Contract term. DocuSign Envelope ID: 596FB564-05DE-467C-8C3E-DDF35F97CC01 7 Contract No. HHS000442100001 ATTACHMENT B-1 REVISED BUDGET Corpus Christi-Nueces County (City) Contract No. HHS000442100001 Categorical Budget September 1, 2021 to August 31, 2022 September 1, 2022 to August 31, 2023 Total Contract Amount Personnel $0.00 $0.00 $0.00 Fringe Benefits $0.00 $0.00 $0.00 Travel $0.00 $0.00 $0.00 Equipment $0.00 $0.00 $0.00 Supplies $5,000.00 $5,000.00 $10,000.00 Contractual $0.00 $0.00 $0.00 Other $0.00 $0.00 $0.00 Total Direct Charges $5,000.00 $5,000.00 $10,000.00 Indirect Charges $0.00 $0.00 $0.00 Total $5,000.00 $5,000.00 $10,000.00 DocuSign Envelope ID: 596FB564-05DE-467C-8C3E-DDF35F97CC01 Certificate Of Completion Envelope Id: 596FB56405DE467C8C3EDDF35F97CC01 Status: Sent Subject: Amending $20,000.00; HHS000442100001; Corpus Christi-Nueces County A-1; DSHS/CMU IDCU/FLU LAB Source Envelope: Document Pages: 14 Signatures: 0 Envelope Originator: Certificate Pages: 2 Initials: 0 Texas Health and Human Services Commission AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 1100 W. 49th St. Austin, TX 78756 PCS_DocuSign@hhsc.state.tx.us IP Address: 167.137.1.14 Record Tracking Status: Original 4/22/2021 4:04:14 PM Holder: Texas Health and Human Services Commission PCS_DocuSign@hhsc.state.tx.us Location: DocuSign Signer Events Signature Timestamp Annette Rodriguez annetter@cctexas.com Health Director Corpus Christi-Nueces County Public Health District Security Level: Email, Account Authentication (None) Sent: 4/24/2021 10:26:01 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Jennifer Sims jennifer.sims@dshs.texas.gov 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 CMS Inbox cmucontracts@dshs.texas.gov Security Level: Email, Account Authentication (None) Sent: 4/24/2021 10:26:01 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Caeli Paradise caeli.paradise@dshs.texas.gov Contract Manager Security Level: Email, Account Authentication (None) Sent: 4/24/2021 10:26:01 PM Electronic Record and Signature Disclosure: Carbon Copy Events Status Timestamp Not Offered via DocuSign Dante Gonzalez danteg@cctexas.com Assistant Director of Public Health Security Level: Email, Account Authentication (None) Sent: 4/24/2021 10:26:02 PM Viewed: 4/26/2021 10:36:13 AM 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 4/24/2021 10:26:01 PM Payment Events Status Timestamps DSHS Contract No. HHS000461700001 Page 1 of 4 Amendment 2 DEPARTMENT OF STATE HEALTH SERVICES CONTRACT NO. HHS000461700001 AMENDMENT NO. 2 The Department of State Health Services (“DSHS”) and Corpus Christi-Nueces County Public Health District ("Grantee”) collectively the "Parties," to that certain grant Contract effective September 1, 2019 and denominated DSHS Contract No. HHS000461700001, now want to amend the Contract. Whereas, DSHS wants to exercise its option to renew the Contract term for a one-year term; and Whereas, the Parties want to revise the Scope of Work and add funds to the Budget for Fiscal Year 2022; and Whereas, the Parties want to revise the signature document to change the DSHS Contract Representative’s name; The Parties therefore amend the Contract as follows: 1. Article IV of the Signature Document, Duration, is hereby amended to reflect a revised termination date of August 31, 2022. 2. Article V of the Signature Document, Payments for Services Performed, is hereby amended to add $61,645.00 in DSHS funding with the Grantee providing $12,329.00 in matching funds for a combined total of $73,974.00 for the fiscal year 2022. The total contract will not to exceed $260,260.00. All expenditures under the Contract will be in accordance with Attachment B-2, FY2022 Budget. 3. Article VI of the Signature Document is hereby amended to replace the DSHS Contract Representative’s name from Samantha Lavoie, CTCM to Lacy Alexander. 4. Article IV of Attachment A, Programmatic Reporting Requirements is hereby amended to include the following FY2022 table below: Report Name Frequency Period Begin Period End Due Date FY22 Narrative Report Annually Sept. 1, 2021 August 31, 2022 April 1, 2022 FSR & Match Reimbursement/Certification Form (“Form B-13A”) Quarterly Sept. 1, 2021 Nov. 30, 2022 Dec. 31, 2022 FSR & Form B-13A Quarterly Dec. 1, 2021 Feb. 29, 2022 March 31, 2022 FSR & Form B-13A Quarterly March 1, 2022 May 31, 2022 June 30, 2022 FSR & Form B-13A Quarterly June 1, 2022 August 31, 2022 October 17, 2022 DocuSign Envelope ID: FAB04B11-94B3-472D-8899-8AFBB305570B DSHS Contract No. HHS000461700001 Page 2 of 4 Amendment 2 5. Attachment B, Payment for Services Provided, is hereby supplemented with Attachment B-2, which is attached and incorporated into the Contract by reference. 6. This Amendment shall be effective on September 1, 2021. 7. Except as modified by this Amendment, all terms and conditions of the Contract, as amended, shall remain in full effect. 8. Any further revisions to the Contract shall be by written agreement of the Parties. SIGNATURE PAGE FOLLOWS DocuSign Envelope ID: FAB04B11-94B3-472D-8899-8AFBB305570B DSHS Contract No. HHS000461700001 Page 3 of 4 Amendment 2 SIGNATURE PAGE FOR AMENDMENT NO. 2 DEPARTMENT OF STATE HEALTH SERVICES CONTRACT NO. HHS000461700001 DEPARTMENT OF STATE HEALTH SERVICES CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT By:___________________________ Name:_________________________ Title:__________________________ By:__________________________ Name:_______________________ Title:________________________ Date of Signature: ______________ Date of Signature:______________ THE FOLLOWING ATTACHMENT IS ATTACHED AND ITS TERMS INCORPORATED INTO THE CONTRACT BY REFERENCE : ATTACHMENT B-2-FY2022 BUDGET DocuSign Envelope ID: FAB04B11-94B3-472D-8899-8AFBB305570B DSHS Contract No. HHS000461700001 Page 4 of 4 Amendment 2 ATTACHMENT B-2 FY2022 BUDGET (September 1, 2021– August 31, 2022) Budget Categories DSHS Funds Cash Match Category Total Personnel $39,412 $12,329 $51,741 Fringe Benefits $15,765 $0 $15,765 Travel $6,468 $0 $6,468 Equipment $0 $0 $0 Supplies $0 $0 $0 Contractual $0 $0 $0 Other $0 $0 $0 Total Direct Costs $61,645 $12,329 $73,974 Indirect Costs $0 $0 $0 Totals $61,645 $12,329 $73,974 (Remainder of the page intentionally left blank) DocuSign Envelope ID: FAB04B11-94B3-472D-8899-8AFBB305570B Certificate Of Completion Envelope Id: FAB04B1194B3472D88998AFBB305570B Status: Sent Subject: Amending $408,208.00; HHS000461700001; Corpus Christi Nueces County A-2; DSHS/LIDS/TB/PC-State Source Envelope: Document Pages: 14 Signatures: 0 Envelope Originator: Certificate Pages: 2 Initials: 0 Texas Health and Human Services Commission AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 1100 W. 49th St. Austin, TX 78756 PCS_DocuSign@hhsc.state.tx.us IP Address: 167.137.1.7 Record Tracking Status: Original 4/29/2021 12:41:44 PM Holder: Texas Health and Human Services Commission PCS_DocuSign@hhsc.state.tx.us Location: DocuSign Signer Events Signature Timestamp Annette Rodriguez annetter@cctexas.com Health Director Corpus Christi-Nueces County Public Health District Security Level: Email, Account Authentication (None) Sent: 4/29/2021 12:52:03 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Jennifer Sims jennifer.sims@dshs.texas.gov 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 Lacy Alexander lacy.alexander@dshs.texas.gov Security Level: Email, Account Authentication (None) Sent: 4/29/2021 12:52:03 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Dante Gonzalez danteg@cctexas.com Assistant Director of Public Health Security Level: Email, Account Authentication (None) Sent: 4/29/2021 12:52:04 PM Viewed: 4/29/2021 1:00:46 PM Electronic Record and Signature Disclosure: Carbon Copy Events Status Timestamp Not Offered via DocuSign Judy Sandroussi JudyS@cctexas.com Security Level: Email, Account Authentication (None) Sent: 4/29/2021 12:52:04 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 4/29/2021 12:52:03 PM Payment Events Status Timestamps System Agency Contract No. HHS000436300009 System Agency Contract No. HHS000812700015 Page 1 of 10 DSHS CONTRACT NO. HHS000436300009 AMENDMENT NO. 2 The DEPARTMENT OF STATE HEALTH SERVICES (“SYSTEM AGENCY”) and CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) (“GRANTEE”), collectively referred to as the "Parties," to that certain Grant Contract effective September 1, 2019 and denominated DSHS Contract No. HHS000436300009 (“Contract”), now desire to amend the Contract. WHEREAS, the Parties desire to exercise the option to renew the contract term; and WHEREAS, DSHS desires to revise the Scope of Work and Budget. NOW, THEREFORE, the Parties hereby amend and modify the Contract as follows: 1. SECTION III of the Contract, DURATION is hereby amended to reflect a revised termination date of August 31, 2023. 2. SECTION IV of the Contract, BUDGET is hereby amended to add $102,428.00 for the period of September 1, 2021 through August 31, 2022 and $102,428.00 for the period of September 1, 2022 through August 31, 2023 to the Contract. The total not to exceed amount of the Contract is increased to $409,711.00. Expenditures may not exceed the above allocated amounts within the specified timeframes. All expenditures under the Contract will be in accordance with ATTACHMENT B-1 REVISED BUDGET. 3. SECTION VI of the Contract, SERVICES, PERFORMANCE MEASURES AND REPORTING REQUIREMENTS, is hereby amended to add the following language: Grantee understands and agrees that upon the Effective Date (as defined below) of this Amendment, Grantee will be responsible for performing all services proposed in the Statement of Work, attached hereto as ATTACHMENT A-2, REVISED STATEMENT OF WORK in accordance with all federal and state laws applicable to this Contract. Further, Grantee shall be subject to the performance measures and reporting requirements as stated in ATTACHMENT A-2, REVISED STATEMENT OF WORK. 4. ATTACHMENT A-1 of the Contract, REVISED STATEMENT OF WORK is hereby amended and replaced in its entirety with ATTACHMENT A-2, REVISED STATEMENT OF WORK. 5. ATTACHMENT B of the Contract, BUDGET is hereby supplemented with the addition of ATTACHMENT B-1, SUPPLEMENTAL BUDGET. 6. This Amendment shall be effective as of September 1, 2021. 7. Except as amended and modified by this Amendment, all terms and conditions of the Contract, as amended, shall remain in full force and effect. DocuSign Envelope ID: 0BB8EC38-3260-4B3B-8DA4-6CA0F103908C System Agency Contract No. HHS000436300009 System Agency Contract No. HHS000812700015 Page 2 of 10 8. Any further revisions to the Contract shall be by written agreement of the Parties. SIGNATURE PAGE FOLLOWS DocuSign Envelope ID: 0BB8EC38-3260-4B3B-8DA4-6CA0F103908C System Agency Contract No. HHS000436300009 System Agency Contract No. HHS000812700015 Page 3 of 10 SIGNATURE PAGE FOR AMENDMENT NO. 2 DSHS CONTRACT NO. HHS000436300009 SYSTEM AGENCY GRANTEE DEPARTMENT OF STATE HEALTH SERVICES CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) By: ________________________________ Title: _______________________________ Name: ______________________________ Date of Signature: _____________________ By: ________________________________ Title: _______________________________ Name: ______________________________ Date of Signature: _____________________ THE FOLLOWING DOCUMENT IS ATTACHED TO THIS AMENDMENT AND ITS RESPECTIVE TERMS ARE HEREBY INCORPORATED INTO THE CONTRACT BY REFERENCE: ATTACHMENT A-2 REVISED STATEMENT OF WORK ATTACHMENT B-1 SUPPLEMENTAL BUDGET DocuSign Envelope ID: 0BB8EC38-3260-4B3B-8DA4-6CA0F103908C Annette Rodriguez Health Director System Agency Contract No. HHS000436300009 Page 4 of 10 ATTACHMENT A-2 REVISED STATEMENT OF WORK I. GRANTEE RESPONSIBILITIES Grantee will: A. Be responsible for performing all activities contained in this Statement of Work. Items I through M are performance measures and are evaluated by DSHS Emerging and Acute Infectious Disease Unit (“Unit”). The performance measures reflect the level of performance of the Grantee. B. Perform surveillance and epidemiology activities for all notifiable conditions with an emphasis on conditions reported through the National Electronic Disease Surveillance System (NEDSS). Activities must be performed whether the Grantee uses NEDSS for disease reporting or not. Information on the NEDSS notifiable conditions can accessed at https://txnedss.dshs.state.tx.us:8009/PHINDox/UserResources, file name “Program Areas in NBS Reportable Disease 2016.xlsx. C. Use NEDSS as the primary surveillance system. If Grantee wishes to use an alternative primary surveillance system, it requires an implementation plan be negotiated and approved by the Unit and Grantee to ensure data is shared between both systems. D. Adhere to the Unit updated guidance when conducting surveillance and epidemiology activities including, but not limited to: 1. The Emerging and Acute Infectious Disease Guidelines http://www.dshs.texas.gov/IDCU/investigation/Investigation-Guidance.doc; 2. NEDSS Data Entry Guide- https://txnedss.dshs.state.tx.us:8009/PHINDox/UserResources/; and 3. Epi-Case Criteria Guide- https://www.dshs.texas.gov/IDCU/investigation/epi-case-criteria- guide/2020-Epi-Case-Criteria-Guide.pdf. E. Conduct timely monitoring and management of incoming infectious disease laboratory reports. Ensure laboratory reports are entered into NEDSS when submitting a notification on a notifiable condition investigation. F. Maintain knowledge of all health care facilities, providers, and laboratories in the Grantee’s jurisdiction that are processing infectious disease laboratory reports not rece ived through NEDSS. Provide technical assistance to these facilities, providers, and laboratories to ensure there is an established method for receiving and processing laboratory reports in a timely manner. G. Ensure laboratories are contacted one-hundred percent (100%) of the time regarding the submission of required isolates for notifiable conditions reportable through NEDSS. Verify the isolates or those related to outbreak investigations have or will be submitted for confirmatory and/or molecular testing to the DSHS laboratory in Austin, Texas or to another public health laboratory as designated by DSHS and previously approved by the Unit. For a list of these notifiable conditions, see footnote #3 of the Texas Notifiable Disease Conditions document accessed at https://www.dshs.texas.gov/IDCU/investigation/Notifiable-Conditions.aspx. DocuSign Envelope ID: 0BB8EC38-3260-4B3B-8DA4-6CA0F103908C System Agency Contract No. HHS000436300009 Page 5 of 10 H. Ensure the Epidemiologist(s): 1. Conducts case and outbreak investigations on notifiable conditions reported through NEDSS; 2. Provides technical assistance and guidance to other Grantee staff (e.g. communicable disease nurses) who are conducting case and outbreak investigations, responding to disease reports, implementing measures to prevent further spread of disease, or coordinating prophylactic measures where appropriate; and 3. Assesses the quality of surveillance data, perform analyses on surveillance data, and prepare situational updates on outbreaks. I. Attempt to complete one-hundred percent (100%) of questionnaires requested by the Unit. Complete and submit at least seventy-five percent (75%) of questionnaires related to all pertinent case and outbreak investigations within five (5) business days after the date requested by the Unit. Completed questionnaires include those in which the patient is contacted but refuses to answer a portion of or the entire questionnaire. Questionnaires for which no contact is made with the patient do not constitute a completed interview. This applies to the notifiable conditions in this table. Listeriosis Salmonellosis Clusters Shiga toxin-producing Escherichia coli (STEC) Clusters J. Submit completed questionnaires related to notifiable conditions and outbreak investigations to DSHS through a secure electronic method to the designated Unit epidemiologist or to fax number (512) 776- 7616 no later than one (1) business day after completion of interview. This applies to the notifiable conditions in this table. Cholera Influenza A novel/variant Listeriosis Novel coronavirus Salmonellosis Clusters Shiga toxin-producing Escherichia coli (STEC) Clusters Vibrio parahaemolyticus Vibrio vulnificus infection Vibriosis other or unspecified K. For the notifiable condition Salmonellosis Clusters, attempt to complete questionnaires related to outbreaks and notifiable conditions by making a documented effort to contact the patient at least three (3) times, on different days, during normal business hours (8:00 a.m. – 5:00 p.m.). If these attempts fail, Grantee must make an effort to contact the patient at least once after normal business hours. Questionnaires where efforts to contact the patient were unsuccessful are considered lost to follow- up and are not considered a completed questionnaire. L. Investigate and document, through NEDSS, at least seventy-five percent (75%) of risk behavior and exposure information on select case investigations. This applies to the notifiable condition Hepatitis B, acute. M. For the conditions listed in the following table, investigate and document at least ninety percent (90%) DocuSign Envelope ID: 0BB8EC38-3260-4B3B-8DA4-6CA0F103908C System Agency Contract No. HHS000436300009 Page 6 of 10 of confirmed and probable notifiable conditions correctly and completely within thirty (30) days of initial report. Amebic meningitis/encephalitis, other Amebic meningoencephalitis, primary (PAM) Botulism foodborne Botulism, infant Botulism other/unspecified Botulism wound Campylobacteriosis Candida auris Carbapenem-resistant Enterobacteriaceae (CRE) Cholera Cryptosporidiosis Cyclosporiasis Ebola hemorrhagic fever Hemolytic uremic syndrome post diarrheal Hepatitis E acute Influenza A novel/variant Influenza-associated pediatric mortality Legionellosis Listeriosis Novel coronavirus Salmonella Paratyphi Salmonella Typhi Salmonellosis, non-Paratyphi/non-Typhi Shiga toxin-producing Escherichia coli (STEC) Shigellosis Vancomycin-intermediate Staphylococcus aureus (VISA) Vancomycin-resistant Staphylococcus aureus coagulase-positive (VRSA) Vibrio parahaemolyticus Vibrio vulnificus infection Vibriosis other or unspecified Yersiniosis N. Respond to each quarterly report provided by the Unit regarding results for performance measures I through M. Responses are due twenty (20) business days after the date the quarterly report was provided by the Unit. Responses must be submitted by electronic mail to EAIDBcontracts@dshs.texas.gov. O. Follow corrective action plan issued by the Unit for any performance measure needing improvement. P. Maintain open communication with other local health departments, regional health departments, and/or the Unit as necessary to ensure investigations are conducted efficiently and expeditiously. Q. Follow the Grantee’s established process for notifying another public health entity when a known or potential case or an exposed contact resides in that public health entity’s jurisdiction. The notification must begin within one (1) business day. R. Ensure the respective regional health department and the Unit are informed of certain suspected cases and outbreaks. Also keep the regional health department and the Unit up-to-date on significant developments for the duration of those investigations. S. Educate, inform, and train the medical community and local providers on the importance of reporting notifiable conditions within Contractors jurisdiction. Ensure that providers collecting and shipping specimens for testing by the DSHS Laboratory adhere to collecting and shipping guidance in the Emerging and Acute Infectious Disease Guidelines. T. Present local training on epidemiology and surveillance related rules and regulations as requested. Conduct local level data analysis and utilize recent data findings to target and share recommendations/best practices for preventing disease spread. DocuSign Envelope ID: 0BB8EC38-3260-4B3B-8DA4-6CA0F103908C System Agency Contract No. HHS000436300009 Page 7 of 10 U. Participate in outbreak/cluster-related conference calls and responses relevant to the Grantee’s jurisdiction as directed by DSHS. V. Participate in conference calls, scheduled by the Unit, specific to this SOW to provide updates, progress reports, and other necessary communications. W. Work with DSHS during any technical reviews and quality assurance visits conducted by DSHS; X. Provide epidemiology surge capacity to surrounding jurisdictions in the event of a major statewide or regional outbreak or disaster, as directed by DSHS. Y. Retain Epidemiologist(s), as specified in the approved budget, dedicated to conducting infectious disease surveillance and epidemiology activities. The Epidemiologist(s) must have a Master of Public Health (MPH) or equivalent degree, or at least two years working exper ience as an Epidemiologist performing infectious disease epidemiology and surveillance activities. Z. Require its staff to attend training, conferences, and meetings, as directed by the Unit. Epidemiologist(s) funded by this contract will be required to attend the workshop and training listed below. Should additional funding become available, other DSHS sponsored training, workshops, and conferences may be attended with prior Unit approval. 1. The annual Epidemiology and Laboratory Capacity (ELC) Workshop conducted by the Unit or another Unit-approved substitute training; and 2. The DSHS NEDSS training, including certification, to be completed within sixty (60) days of hire (if not already a certified NEDSS user). AA. Obtain prior approval from the Unit of any redirection of duties for Epidemiologist(s) funded by this contract. BB. Notify the Unit within forty-eight (48) hours of any personnel actions, including the details and outcome of such actions, involving any staff funded by this contract. A written report will be submitted to the Unit within seventy-two (72) hours of the personnel actions. Personnel actions include issues that develop regarding violations of the project, state, and/or Federal policies, procedures, requirements, and laws. CC. Ensure staff funded by this contract are compliant with the following Texas rules and statue related to infectious disease data confidentiality and security: 1. Texas Administrative Code (TAC), Title 25 Health Services, Section 97.10- https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tl oc=&p_ploc=&pg=1&p_tac=&ti=25&pt=1&ch=97&rl=10; and 2. Texas Health and Safety Code 81.046- https://statutes.capitol.texas.gov/Docs/HS/pdf/HS.81.pdf . DD. Ensure newly hired staff funded by this contract successfully complete local confidentiality and security training 30 days from hire and continue to receive refreshed training as appropriate thereafter. DocuSign Envelope ID: 0BB8EC38-3260-4B3B-8DA4-6CA0F103908C System Agency Contract No. HHS000436300009 Page 8 of 10 EE. Continue to monitor for breaches in confidential data and security of protected health information. If a breach is found, please follow local health department plans for reporting a confidentiality data or protected health information breach and notify the Unit. FF. Continue to use established communication procedures when relaying patient documentation for jurisdictions located outside of Texas regarding patients that live in that jurisdiction. GG. Coordinate with the appropriate Unit staff member when an investigation in the grantee jurisdiction extends outside of Texas and is considered high profile (e.g. involvement from the Commissioner of Health). HH. Submit a monthly report that lists all reported clusters and outbreaks along with information on investigation findings on the tracking sheet provided by the Unit. Monthly reports are due on or before the 15th of each month. Each report must cover activities that occurred during the preceding month. Submit monthly reports by electronic mail to EAIDBcontracts@dshs.texas.gov. All reports should be clearly identified with the Grantees Name, Contract Number, IDCU/SUR, and the month the report covers. Monthly reports are required even if no activities were conducted during the reporting period. II. Provide a written report, when requested by the Unit, detailing at least three (3) success stories relating to disease investigations and/or epidemiological work conducted by staff funded by this contract. JJ. Complete the Vacancy Report whenever an Epidemiologist position funded by this Contract becomes vacant and when the vacancy is filled. Within five (5) business days of the vacancy, the Vacancy Report must be submitted by email to EAIDBcontracts@dshs.texas.gov. Vacant positions existing for more than sixty (60) days may result in a decrease in funds. KK. Grantee shall initiate the purchase of all Equipment approved in writing by the DSHS in the first quarter of the Contract term, as applicable. Failure to timely initiate the purchase of Equipment may result in the loss of availability of funds for the purchase of Equipment. Requests to purchase previously approved Equipment after the first quarter in the Contract must be submitted to the assigned DSHS contract manager. LL. Controlled Assets include firearms, regardless of the acquisition cost, and the following assets with an acquisition cost of $500 or more, but less than $5,000: desktop and laptop computers (including notebooks, tablets and similar devices), non-portable printers and copiers, emergency management equipment, communication devices and systems, medical and laboratory equipment, and media equipment. Controlled Assets are considered Supplies. MM. Grantee shall maintain an inventory of Equipment, supplies defined as Controlled Assets, and real property and submit an annual cumulative report of the equipment and other property on DSHS Contractor’s Property Inventory Report (GC-11) located at http://www.dshs.state.tx.us/grants/forms.shtm by e-mail to COSSequip@dshs.texas.gov and CMSInvoices@dshs.texas.gov not later than October 15 of each year. NN. DSHS funds must not be used to purchase buildings or real property without prior written approval from the DSHS. Any costs related to the initial acquisition of the buildings or real property are not DocuSign Envelope ID: 0BB8EC38-3260-4B3B-8DA4-6CA0F103908C System Agency Contract No. HHS000436300009 Page 9 of 10 allowable without written pre-approval. II. PERFORMANCE MEASURES DSHS will monitor the Grantee’s performance of the requirements in ATTACHMENT A-2 REVISED STATEMENT OF WORK and compliance with the Contract’s terms and conditions. III. INVOICE AND PAYMENT A. Grantee will request payments using the State of Texas Purchase Voucher (Form B-13) at http://www.dshs.state.tx.us/grants/forms.shtm. Voucher and any supporting documentation will be mailed, submitted by fax, or submitted by electronic mail to the addresses/number below. Department of State Health Services Claims Processing Unit, MC 1940 1100 West 49th Street P.O. Box 149347 Austin, Texas 78714-9347 FAX: (512) 776-7442 EMAIL: Invoices@dshs.texas.gov EMAIL: CMSInvoices@dshs.texas.gov EMAIL: EAIDBcontracts@dshs.texas.gov B. Grantee will be paid on a cost reimbursement basis and in accordance with ATTACHMENT B-1 REVISED BUDGET of this Contract. Travel costs must not exceed General Services Administration (GSA) rates located at https://www.gsa.gov/travel/plan-book/per-diem-rates unless the Grantee has an established travel policy that has been reviewed and approved by DSHS. C. Grantee will submit requests for reimbursement (Form B -13) and financial expenditure template monthly by the last business day of the month following the month in which expenses were incurred or services provided. Grantee shall maintain all documentation that substantiate invoices and make the documentation available to the DSHS upon request. In the event a cost reimbursed under the Contract is later determined to be unallowable then the Grantee will reimburse DSHS for that cost. D. Grantee will submit quarterly Financial Status Reports (FSR) located at http://www.dshs.state.tx.us/grants/forms.shtm by email to FSRGrants@dshs.texas.gov and CMSInvoices@dshs.texas.gov by the last business day of the month following the end of each quarter of the Contract for DSHS review and financial assessment. E. Grantee will submit request for reimbursement (B-13) as a final close-out invoice not later than forty- five (45) calendar days following the end of the term of the Contract. Reimbursement requests received in the DSHS office more than forty-five (45) calendar days following the termination of the Contract may not be paid. F. Grantee will submit a final FSR for the service period of September 1, 2021 through August 31, 2022 by October 20, 2022. Grantee will submit a final FSR for the service period of September 1, 2022 through August 31, 2023 by October 20, 2023. DocuSign Envelope ID: 0BB8EC38-3260-4B3B-8DA4-6CA0F103908C System Agency Contract No. HHS000436300009 Page 10 of 10 ATTACHMENT B-1 SUPPLEMENTAL BUDGET Contract No. HHS000436300009 Categorical Budget September 1, 2021 to August 31, 2022 September 1, 2022 to August 31, 2023 Total Contract Amount PERSONNEL $69,480.00 $69,480.00 $138,960.00 FRINGE BENEFITS $28,265.00 $28,265.00 $56,530.00 TRAVEL $1,793.00 $1,793.00 $3,586.00 EQUIPMENT $0.00 $0.00 $0.00 SUPPLIES $1,490.00 $1,490.00 $2,980.00 CONTRACTUAL $0.00 $0.00 $0.00 OTHER $1,400.00 $1,400.00 $2,800.00 TOTAL DIRECT CHARGES $102,428.00 $102,428.00 $204,856.00 INDIRECT CHARGES $0.00 $0.00 $0.00 TOTAL $102,428.00 $102,428.00 $204,856.00 DocuSign Envelope ID: 0BB8EC38-3260-4B3B-8DA4-6CA0F103908C Certificate Of Completion Envelope Id: 0BB8EC3832604B3B8DA46CA0F103908C Status: Sent Subject: Amending $409,711; HHS000436300009; Corpus Christi-Nueces County PHD A-2; DSHS/CMU IDCU/SUR Source Envelope: Document Pages: 17 Signatures: 0 Envelope Originator: Certificate Pages: 2 Initials: 0 Texas Health and Human Services Commission AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 1100 W. 49th St. Austin, TX 78756 PCS_DocuSign@hhsc.state.tx.us IP Address: 167.137.1.14 Record Tracking Status: Original 3/31/2021 10:44:52 AM Holder: Texas Health and Human Services Commission PCS_DocuSign@hhsc.state.tx.us Location: DocuSign Signer Events Signature Timestamp Annette Rodriguez annetter@cctexas.com Health Director Corpus Christi-Nueces County Public Health District Security Level: Email, Account Authentication (None) Sent: 3/31/2021 2:11:27 PM Viewed: 3/31/2021 8:36:09 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Jennifer Sims jennifer.sims@dshs.texas.gov 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 CMS Inbox cmucontracts@dshs.texas.gov Security Level: Email, Account Authentication (None) Sent: 3/31/2021 2:11:26 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Caeli Paradise caeli.paradise@dshs.texas.gov Contract Manager Security Level: Email, Account Authentication (None) Sent: 3/31/2021 2:11:26 PM Electronic Record and Signature Disclosure: Carbon Copy Events Status Timestamp Not Offered via DocuSign Dante Gonzalez danteg@cctexas.com Assistant Director of Public Health Security Level: Email, Account Authentication (None) Sent: 3/31/2021 2:11:27 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 3/31/2021 2:11:26 PM Payment Events Status Timestamps DATE: June 22, 2021 TO: Peter Zanoni, City Manager FROM: Peter Collins, Chief Information Officer of Information Technology PeterC@cctexas.com (361) 826-3735 Deanna McQueen, Director of Communications, Media & E-Gov DeannaM@cctexas.com 361-826-2940 Josh Chronley, Director of Contracts and Procurement JoshC2@cctexas.com (361) 826-3169 CAPTION: Ordinance authorizing a five-year subscription agreement with the option to extend for three additional years with Incapsulate, LLC in an amount of $2,223,569.63 for Customer Relationship Management System (CRMS) for 311, effective upon issuance of a notice to proceed, appropriating $622,461.64, from the unreserved fund balance of the Information Technology Fund and amending the FY 2021 operating budget to increase expenditures. SUMMARY: The City would like to implement a Customer Relationship Management (CRM) software application which enables the Call Center to process phone calls more efficiently. The CRM will allow for a centralized information system with real-time integrations with all City applications and the implementation includes a virtual agent, chat option, knowledge base, web portal and mobile application. BACKGROUND AND FINDINGS: Today, the City’s Call Center takes an average of 1,300 calls per day. Currently, call takers must monitor and enter data into multiple software applications to submit work Customer Relationship Management System for 311 AGENDA MEMORANDUM First Reading for the City Council Meeting of June 22, 2021 Second Reading for the City Council Meeting of June 29, 2021 orders, research information and communicate with departments. The City is also in the process of implementing a 311. With the implementation of a 311, the Call Center needs a centralized Customer Relationship Management (CRM) software application that allows the Call Center to manage daily workload in one location. The IT, Communications and Procurement Departments developed and submitted for proposals an RFP with a list of requirements necessary for a successful CRM for the City of Corpus Christi. The CRM will allow for real-time integrations with all City applications, which include, Maximo, Chameleon, INFOR, ESRI ArcGIS, Active Directory, and Cisco Call Manager and Contact Center. This software implementation will allow Call Takers to be more efficient and process phone calls and answer questions more quickly since information will be gathered in a central location, rather than having to look in mult iple places for answers and information. The CRM implementation will also include a new mobile application, Virtual agent, chat option, knowledge base and a web portal which allows residents to login, initialize or lookup service request tickets to see in real-time the status of their work orders. After proposals were received, a committee performed three software evaluations and the Committee ranked Incapsulate, LLC as the highest -ranking firm. PROCUREMENT DETAIL: Contracts and Procurement conducted a competitive Request for Proposals process to obtain proposals for qualified firms to provide a Customer Relationship Management (CRMS) System for 311. The evaluation committee included City Staff from the Call Center, and IT Department. The City received 10 proposals and evaluated them against the published criteria. The City considered three firms as finalists, demonstrations were conducted, and pricing was evaluated. The final scores were tabulated for each firm t o determine the highest-ranking firm offering the best value to the City. Staff is recommending award to Incapsulate, LLC as the highest-ranking firm. ALTERNATIVES: Continue to do business as we do today, using multiple software applications and platforms. FISCAL IMPACT: The fiscal impact in FY 2020-2021 is an appropriation of $622,461.64, from the unreserved fund balance of the Information Technology Fund with the remaining cost of $1,601,107.99 budgeted in future years through the annual budget process. The Information Technology fund is expected to have a fund balance of $3.3 Million after this appropriation at the end of FY2020-2021. FUNDING DETAIL: Fund: 5210 Information Technology Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): Account: 251850 Unreserved Fund Balance RECOMMENDATION: Staff recommends approval of this ordinance authorizing a five-year subscription agreement with the option to extend for three additional years with Incapsulate, LLC. LIST OF SUPPORTING DOCUMENTS: Evaluation Matrix Subscription Agreement Ordinance Ordinance authorizing a five-year subscription agreement with the option to extend for three additional years with Incapsulate, LLC in an amount of $2,223,569.63 for Customer Relationship Management System (CRMS) for 311, effective upon issuance of a notice to proceed, appropriating $622,461.64, from the unreserved fund balance of the Information Technology fund and amending the FY 2021 operating budget to increase expenditures. Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the five-year subscription agreement with the option to extend for three additional years with Incapsulate, LLC in an amount of $2,223,569.63 for Customer Relationship Management System (CRMS) for 311 is approved. SECTION 2. That funds in the amount of $622,461.64 are appropriated from the unreserved fund balance in the No. 5210 Information Technology Fund for the subscription agreement with Incapsulate, LLC. SECTION 3. That the FY2020-21 Operating Budget and Capital Budget adopted by Ordinance No. 032203, is amended to increase proposed expenditures in the No. 5210 Information Technology Fund by $622,461.64 for the for the subscription agreement with Incapsulate, LLC. 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 CRMS for 311 RFP No. 3309 Sr. Buyer: Minerva Alvarado Proposal Evaluation Avandale, Inc Catalyst Consulting Group Cloud Navigator Freshworks Incapsulate MINIMUM QUALIFICATIONS (PASS/FAIL) Required five years in business performing same services No outstanding lawsuits during last 5 years or current litigation with the City during last 5 years No outstanding regulatory issues last 5 years References Provided for firm TECHNICAL PROPOSAL (40 PTS)34 39 0 11 37 Firms' Experience (13 point)11.67 12.33 0 4.00 12.00 Team's Experience (13 points)11.33 13.00 0 3.33 12.33 Understanding of Project Scope (14 points)10.67 13.33 0 3.67 12.67 Demonstration (40 PTS)31 37 Firms' Experience Team's Identification Understanding of Project Scope PRICING (20 PTS)13 15 Total 34 83 0 11 89 Pass Pass Fail Pass Pass CRMS for 311 RFP No. 3309 Firm Name Total Points Percentage 1.Catalyst Consulting Group $2,432,086.24 13 66% 2.Incapsulate $2,223,569.63 15 73% 3.Verint $1,612,973.00 20 100% RFP No. 3309 Demonstration Results Firm Names Committee Member#2 Committee Member#3 Committee Member#4 Average 1 Catalyst Consulting Group 25 32 35 31 2 Incapsulate 40 32 40 37 3 Verint 20 8 10 13 Procurement Officer Procurement Manager CRMS for 311 Technical Proposal Results Firm Names Committee Member#1 Committee Member#3 Committee Member#4 Average 1 Avandale, Inc 30 37 34 34 2 Catalyst Consulting Group 40 38 38 39 3 Cloud Navigator 0 0 0 0 4 Freshworks 5 0 28 11 5 Incapsulate 34 37 40 37 6 OnActuate 17 0 15 11 7 Smart Energy Water 0 0 0 0 8 Speridian 0 0 0 0 9 Stellar Services 17 10 38 22 10 Verint 36 40 38 38 Procurement Officer RFP No. 3309 CRMS for 311 DATE: June 29, 2021 TO: Peter Zanoni, City Manager FROM: Robert Rocha, Fire Chief RRocha@cctexas.com (361) 826-1941 Josh Chronley, Assistant Director of Contracts and Procurement JoshC2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing the purchase of additional detection equipment and containment devices for hazardous leaks and spills for the Corpus Christi Fire Department from FarrWest Environmental Supply Inc., of Schertz, Texas through the HGAC Buy Cooperative for a total amount of $111,057.40, effective upon issuance of Notice to Proceed with FY 2021 funding through the Fire Grants Fund. SUMMARY: The Corpus Christi Fire Department (CCFD) is requesting to purchase detection and containment devices in an amount of $111,057.40. The equipment will benefit the CCFD HazMat response team. The equipment will increase the team’s safety and ability to identify hazardous unknowns and contain hazardous spills to protect the community and environment. BACKGROUND AND FINDINGS: The CCFD is requesting to purchase of multi-gas detectors with various sensors that can monitor oxygen and threats such as Gamma radiation, volatile organic compounds, combustibles, and toxics. The multi- gas detectors will include AreaRAE Pro, QRAE III, MultiRAE Lite, identifiFINDER R425-GN devices and RAELink3 mesh modem kits and leak containment tools. The AreaRAE Pro, QRAE III, and MultiRAE Lite devices are multi-gas detectors with various sensors that can monitor oxygen and threats such as Gamma radiation, volatile organic compounds, combustibles, and toxics. The identiFINDER is a radionuclide identification device that locates and measures gamma and neutron radioactive sources. The RAELink3 mesh modem kit enables remote monitoring (data and GPS location) of the equipment and personnel from up to two miles away from the hazard. It also provides real-time sensor readings. The department currently has five QRAE III, MultiRAE Lite, and RAElink3 mesh modem kits. The leak containment tools include a Midland Emergency Response Kit and MAGNASEAL leak patch. The Midland ERK allows for the quick and safe capping of leaking fittings on the top of pressurized railcars. Purchase of Detection Equipment and Containment Devices for Corpus Christi Fire Department AGENDA MEMORANDUM Action Item for the City Council Meeting June 29, 2021 The leak patch is a high-strength, magnetic, flexible urethane patch that can hold up to 30 pounds of pressure and will be used to stop or prevent hazardous materials leaks. The equipment will be purchased through an FY 2019 Citgo donation of $175,000. PROCUREMENT DETAIL: The Fire Department requested Contracts and Procurement to issue a contract through the HGACBuy Cooperative. Contracts awarded through the HGACBuy Cooperative have been competitively procured in compliance with Texas local and state procurement requirements. ALTERNATIVES: The alternative is not to purchase the equipment which will result in less detection and containment devices for the HazMat team to utilize when responding to hazardous materials incidents. FISCAL IMPACT: The purchase of the detection equipment and detainment devices are a one-time purchase with FarrWest Environmental Supply Inc. of Schertz, TX. The total cost and fiscal impact for CCFD in FY 2021 is $111,057.40 and will be funded through the Fire Grants Fund. FUNDING DETAIL: Fund: 1062 Fire Grants Organization/Activity: 840016L CCFD – Citgo Donation FY 2019 Mission Element: 093 Emergency Response Calls Project # (CIP Only): N/A Account: 520090 Minor Tools & Equipment Amount: $111,057.40 RECOMMENDATION: Staff recommends approval of this motion authorizing the purchase of detection equipment and containment devices with FarrWest Environmental Supply Inc. as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet City of Corpus Christi Price Sheet Contracts and Procurement Purchase Detection Equipment Buyer: Desirree Ortiz and Containment Devices for CCFD HGAC Contract EP11-20 ITEM DESCRIPTION QTY UNIT UNIT PRICE EXTENDED PRICE 1 RAE SYSTEMS AREARAE PRO 4 EA.$13,801.92 $55,207.68 2 RAE SYSTEMS QRAE III 5 EA.$970.92 $4,854.60 3 RAE SYSTEMS MULTIRAE LITE 5 EA $2,296.80 $11,484.00 4 RAE SYSTEMS RAELINK 3 MESH MODEM KIT 4 EA $2,796.48 $11,185.92 6 MIDLAND EMERGENCY RESPONSE KIT FOR RAILCARS 1 EA $13,750.00 $13,750.00 7 identFINDER R425-GN 1 EA $13,435.20 $13,435.20 8 LEAK PATCH - 8"x 8" x 5/8"1 EA $615.00 $615.00 9 SHIPPING & HANDLING - GROUND 1 EA $525.00 $525.00 TOTAL $111,057.40 FarrWest Environmental Supply, Inc. Schertz, TX DATE: June 29, 2021 TO: Peter Zanoni, City Manager FROM: Kevin Norton, Director of Water Utilities KevinN@cctexas.com (361) 826-1874 Josh Chronley, Interim Director of Contracts and Procurement Joshc2@cctexas.com (361) 826-3169 CAPTION Resolution authorizing the purchase of two wastewater aeration blowers from the Spencer Turbine Company of Windsor, Connecticut for the Utilities Department to be placed at the Oso Water Reclamation Plant and the Allison Wastewater Treatment Plant, in the amount of $191,461.00 with FY 2021 funding available in the Wastewater Fund. SUMMARY: The aeration blowers will be used in the wastewater treatment process at Oso Water Reclamation Plant (WRP) and Allison Wastewater Treatment Plant (WWTP). BACKGROUND AND FINDINGS: Blowers play an essential role in the wastewater treatment process by providing oxygen for aeration and to keep the solids suspended, which enhances the biological breakdown of the solids to increase treatment efficiency and decrease the disposal requirements. The Oso WRP typically runs 11 of 13 blowers to support daily operations that treat roughly 50% of the City’s wastewater. All 13 blowers are used when flows are high. The blower s were provided by two vendors: Gardner Denver Nash, LLC, and the Spencer Turbine Company. The blowers were installed 1978-1984 and have exceeded their useful service life. It takes 11 blowers to meet the typical oxygen requirements of the treatment pro cess at Oso WRP, and plant staff struggle to keep pace with the frequency and urgency of repairs. The on-going CIP project, Oso WRP Process Upgrade, will ultimately replace all the blowers, but that project is not expected to be complete for another four years. Purchase of Two Spencer Blowers for the Utilities Department AGENDA MEMORANDUM Action Item for the City Council Meeting June 29, 2021 In April, two blowers at Oso WRP were damaged due to power surges, which unfortunately occurred during a period of high flows when all 13 blowers were in use. The loss of these blowers resulted in deficient oxygen levels within the treatment proce ss, which led to excessive solids throughout the plant, and consequently caused high solids and foam to be discharged in the effluent water. One of the damaged blowers that needs to be replaced is a Gardner blower, and the second is a Spencer blower. The Allison WWTP runs four blowers that were installed in 1984 and have reached their service life. The blowers will be replaced during the current CIP project that will complete in 2023. One Spencer blower is needed as a spare and can be used at Oso WRP if needed. This purchase contract is necessary to provide two aeration blowers: one for Oso WRP and one for Allison WWTP. PROCUREMENT DETAIL: This is a sole source purchase. The Spencer Turbine Company is the sole provider of Spencer blowers, including parts and service. ALTERNATIVES: An alternative would be to not purchase these spare blowers and operate the equipment to failure, which can result in public health and safety issues. FISCAL IMPACT: The fiscal impact for the Wastewater Fund in FY2021 is $191,461.00. Funding Detail: Fund: 4200 Wastewater Organization/Activity: 33110 Oso Wastewater Treatment Plant Mission Element: 064 Treat wastewater Project # (CIP Only): N/A Accounts: 550040 Other equipment Fund: 4200 Wastewater Organization/Activity: 33130 Allison Wastewater Treatment Plant Mission Element: 064 Treat wastewater Project # (CIP Only): N/A Accounts: 550040 Other equipment RECOMMENDATION: Staff recommends approval of the purchase of two spare blowers from Spencer Turbine Company as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Price Sheet Page 1 of 2 Resolution authorizing the purchase of two wastewater aeration blowers from the Spencer Turbine Company of Windsor, Connecticut for the Utilities Department to be placed at the Oso Water Reclamation Plant and the Allison Wastewater Treatment Plant, in the amount of $191,461.00 with FY 2021 funding available in the Wastewater Fund. WHEREAS, these blowers will be utilized at the Oso and Allison Wastewater Treatment Plants; WHEREAS, The Spencer Turbine Company, will provide the blowers for the Oso and Allison Wastewater Treatment Plants, which are critical in sustaining the Departments operational reliability for service; 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 or 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. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or designee, is authorized to execute all documents necessary to secure a purchase from The Spencer Turbine Company of Windsor, Connecticut based on a sole source for a total amount not-to-exceed $ 191,461.00. Page 2 of 2 PASSED AND APPROVED on the ______ day of _________, 202 1: Paulette M. Guajardo _______________________ Roland Barrera _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Billy Lerma _______________________ John Martinez _______________________ Ben Molina _______________________ Mike Pusley _______________________ Greg Smith _______________________ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor CITY OF CORPUS CHRISTI Price Sheet Contracts and Procurement Purchase of Two Spencer Blowers for Utilities Senior Buyer: Cynthia Perez Unit Extended Price Price 1 70250-HSPEC Centrifugal 4BOB Blowers with 300 HP, ODP motor 1 Each $110,383.00 110,383.00 2 C616341B1, 6000 Series Mizer with 250 HP, TEFC motor 1 Each $81,078.00 $81,078.00 TOTAL:$191,461.00 The Spencer Turbine Company Windsor, Connecticut ITEM DESCRIPTION QTY.UNIT DATE: June 29, 2021 TO: Peter Zanoni, City Manager FROM: Kevin Norton, Director of Water Utilities KevinN@cctexas.com (361) 826-1874 Josh Chronley, Interim Director of Contracts and Procurement Joshc2@cctexas.com (361) 826-3169 CAPTION Resolution authorizing the purchase of two wastewater aeration blowers from Gardner Denver Nash, LLC of Charleroi, Pennsylvania for the Utilities Department to be placed at the Oso Water Reclamation Plant and the Greenwood Wastewater Treatment Plant , in the amount of $173,686.30 with FY 2021 funding available in the Wastewater Fund. SUMMARY: The aeration blowers will be used in the wastewater treatment process at Oso Water Reclamation Plant (WRP) and Greenwood Wastewater Treatment Plant (WWTP). BACKGROUND AND FINDINGS: Blowers play an essential role in the wastewater treatment process by providing oxygen for aeration and to keep the solids suspended, which enhances the biological breakdown of the solids to increase treatment efficiency and decrease the disposal requirements. The Oso WRP typically runs 11 of 13 blowers to support daily operations that treat roughly 50% of the City’s wastewater. All 13 blowers are used when flows are high. The blowers were provided by two vendors: Gardner Denver Nash, LLC, and the Spencer Turbine Company. The blowers were installed 1978-1984 and have exceeded their useful service life. It takes 11 blowers to meet the typical oxygen requirements of the treatment process at Oso WRP, and plant staff struggle to keep pace with the frequency and urgency of repairs. The on-going CIP project, Oso WRP Process Upgrade, will ultimately replace all Purchase of Two Gardner Denver Nash Blowers for the Utilities Department AGENDA MEMORANDUM Action Item for the City Council Meeting June 29, 2021 the blowers, but that project is not expected to be complete for another four years. In April, two blowers at Oso WRP were damaged due to power surges, which unfortunately occurred during a period of high flows when all 13 blowers were in use. The loss of these blowers resulted in deficient oxygen levels within the treatment process, which led to excessive solids throughout the plant , and consequently caused high solids and foam to be discharged in the effluent water. One of the damaged blowers that needs to be replaced is a Gardner blower, and the second is a Spencer blower. The Greenwood WWTP runs four blowers that were installed in 1990 and have reached their service life. One Gardner blower is needed as a spare. This purchase contract is necessary to provide two aeration blowers: one for Oso WRP and one for Greenwood WWTP. PROCUREMENT DETAIL: This is a sole source purchase. Gardner Denver Nash, LLC is the only manufacturing company authorized to repair and replace these blowers. ALTERNATIVES: An alternative would be to not purchase these spare blowers and operate the equipment to failure, which can result in public health and safety issues. FISCAL IMPACT: The fiscal impact for the Wastewater Fund in FY2021 is $173,686.30. Funding Detail: Fund: 4200 Wastewater Organization/Activity: 33110 Oso Wastewater Treatment Plant Mission Element: 064 Treat wastewater Project # (CIP Only): N/A Accounts: 550040 Other equipment Fund: 4200 Wastewater Organization/Activity: 33120 Greenwood Wastewater Treatment Plant Mission Element: 064 Treat wastewater Project # (CIP Only): N/A Accounts: 550040 Other equipment RECOMMENDATION: Staff recommends approval of the purchase of two blowers from Gardner Denver Nash, LLC as presented. LIST OF SUPPORTING DOCUMENTS: Resolution, Price Sheet Page 1 of 2 Resolution authorizing the purchase of two wastewater aeration blowers from Gardner Denver Nash, LLC of Charleroi, Pennsylvania for the Utilities Department to be placed at the Oso Water Reclamation Plant and the Greenwood Wastewater Treatment Plant, in the amount of $173,686.30 with FY 2021 funding available in the Wastewater Fund. WHEREAS, these blowers will be utilized at the Oso and Greenwood Wastewater Treatment Plants; WHEREAS, Gardner Denver Nash, LLC, will provide the blowers for the Oso and Greenwood Wastewater Treatment Plants, which are critical in sustaining the Departments operational reliability for service; 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 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. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or designee, is authorized to execute all documents necessary to secure a purchase from Gardner Denver Nash, LLC of Charleroi, Pennsylvania based on a sole source for a total amount not-to-exceed $ 173,686.30. Page 2 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 CITY OF CORPUS CHRISTI Price Sheet Contracts and Procurement Purchase of Two Blowers for Utilities Senior Buyer: Cynthia Perez Unit Extended Price Price 1 75106A Blower, OSHA Compliant, with motor 1 Each $78,366.50 78,366.50 2 75106A Blower, OSHA Compliant, with vibration transmitter, drill, tap and motor 1 Each $95,319.80 $95,319.80 TOTAL:$95,319.80 $173,686.30 Gardner Denver Nash, LLC Charleroi, Pennsylvania ITEM DESCRIPTION QTY.UNIT DATE: June 29, 2021 TO: Peter Zanoni, City Manager FROM: Kevin Norton, Director of Water Utilities KevinN@cctexas.com (361) 826-1874 Josh Chronley, Assistant Director of Contracts and Procurement JoshC2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a three-year service agreement for crane services for wastewater system maintenance and repair work, for an amount not to exceed $135,275.00, with Gulf Coast Crane Service, LLC of Corpus Christi, Texas for the Utilities Departm ent, with FY 2021 funding in an estimated amount $15,030.00 available through the Wastewater Fund. SUMMARY: This motion authorizes a three-year service agreement for crane services for the Wastewater Treatment Plants and Lift Stations. This service is necessary to maintain and repair city equipment. BACKGROUND AND FINDINGS: The City’s wastewater treatment plants and lift stations staff operate and maintain a great deal of wastewater system equipment, and much of this equipment is located at elevations several feet above or below ground level. As such, multiple cranes of varied sizes are needed to complete routine maintenance work in various conditions. It is not an economical option for the wastewater division to purchase and maintain vari ous sizes of cranes due to the high purchase, operation, and maintenance costs. This agreement will enable timely as-needed maintenance and repairs without taking on the added complications and expenses of multiple units, liability, operators, riggers, maintenance, and downtime. Crane Services for Wastewater System Maintenance and Repairs AGENDA MEMORANDUM Action Item for the City Council Meeting June 29, 2021 PROCUREMENT DETAIL: Contracts and Procurement conducted a competitive Request for Bid process to obtain bids for a new contract. The City received one responsive bid. Staff is recommending the award to the lowest, responsive, responsible bidder, Gulf Coast Crane Service, LLC of Corpus Christi, Texas. This is the first long-term contract for crane services, and price comparisons with other bids received for short-term contracts show the bid submitted to be competitive. Prices of previous crane rentals in years 2018-2020, with cranes rented by the hour ($170/Hr.) and a full-day rental at 8 hours, is equal to the daily cost associated with this bid. ALTERNATIVES: An alternative is to not enter into a service agreement, which would require separate procurements on an as needed basis, potentially reducing the economies of scale pricing secured through a long-term contract, increasing the time delay due to the procurement process, which in turn could increase the downtime and negatively impact operations. FISCAL IMPACT: The fiscal impact for the Utilities Department is an amount not to exceed $15,030.00 for the first year of the three-year service agreement from the FY 2021 Wastewater Fund, with the remaining cost of $120,245.00 to be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 4200 Wastewater Organization/Activity: 33100 Broadway Wastewater Plant Mission Element: 064 Project # (CIP Only): N/A Account: 530215 Maint & Repairs Contracted Cost: $7,515.00 Fund: 4200 Wastewater Organization/Activity: 33210 Lift Station Operations & Maint Mission Element: 065 Project # (CIP Only): N/A Account: 530215 Maint & Repairs Contracted Cost: $7,515.00 RECOMMENDATION: Staff recommends approval of th is motion authorizing a three-year service agreement with Gulf Coast Crane Service, LLC for crane services for Wastewater Treatment Plants and Lift Stations as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tab Service Agreement Bid Tabulation RFB # 3522 Crane Services for Wastewater Treatment Plants ITEM NO.DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE 1 3-Year Allowance for Crane w/Operator (Includes Fuel Surcharges) DAILY WEEKLY 5 TON N/A N/A 25 TON N/A N/A 35 TON $ 1,200.00 $ 6,000.00 40-45 TON $ 1,400.00 $ 7,200.00 50-55 TON N/A N/A 60-65 TON N/A N/A 70-75 TON $ 1,600.00 $ 8,000.00 80 TON N/A N/A 90 TON N/A N/A 100 TON $ 1,920.00 $ 9,600.00 2 Rigger/Helper HR $ 25.00 $ 70.00 $ 5,250.00 3 Permits EA $ 15.00 $ 125.00 $ 2,525.00 $ 135,275.00 City of Corpus Christi Contracts and Procurement Buyer : Marco Lozano TOTAL GULF COAST CRANE SERVICE - CORPUS CHRISTI, TX. $105,000.00 4 Delivery/Pickup EA $ 15.00 $ 500.00 $ 22,500.00 Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form December 15, 2020 SERVICE AGREEMENT NO. 3522 Crane Services for Wastewater Treatment Plants THIS Crane Services for Wastewater Treatment Plants Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Gulf Coast Crane Service, LLC (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Crane Services for Wastewater Treatment Plants in response to Request for Bid/Proposal No. 3522 (“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 Crane Services for Wastewater Treatment Plants (“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 zero additional zero-year periods (“Option Period(s)”), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Agreement is for an amount not to exceed $135,275.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: DocuSign Envelope ID: 3DFE1A4F-6F86-4594-8790-EBC613CFCEBF Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form December 15, 2020 City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Agreement is as follows: Name: Joanna Moreno Department: Utilities Department Phone: (361) 826-1649 Email: JoannaM@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond’s terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. DocuSign Envelope ID: 3DFE1A4F-6F86-4594-8790-EBC613CFCEBF Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form December 15, 2020 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, must be paid by the Contractor within 30 days of receipt of City’s invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. DocuSign Envelope ID: 3DFE1A4F-6F86-4594-8790-EBC613CFCEBF Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form December 15, 2020 12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Joanna Moreno Title: Contracts / Funds Administrator Address: 2726 Holly Road, Corpus Christi, Texas 78415 Phone: (361) 826-1649 Fax: N/A IF TO CONTRACTOR: Gulf Coast Crane Services Attn: Van Fielding Title: Sales Manager Address: 5961 Hwy 44, Corpus Christi, Texas 78416 Phone: 361-299-2443 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 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, DocuSign Envelope ID: 3DFE1A4F-6F86-4594-8790-EBC613CFCEBF Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form December 15, 2020 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 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 DocuSign Envelope ID: 3DFE1A4F-6F86-4594-8790-EBC613CFCEBF Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form December 15, 2020 withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor’s bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. DocuSign Envelope ID: 3DFE1A4F-6F86-4594-8790-EBC613CFCEBF Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form December 15, 2020 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI ________________________________________________ Josh Chronley Interim Assistant Director, Contracts and Procurement Date: _________________________ Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 3522 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: 3DFE1A4F-6F86-4594-8790-EBC613CFCEBF 5/19/2021 Van Fielding sales Page 1 of 2 ATTACHMENT A: SCOPE OF WORK 1.1 General Requirements/Background Information The Contractor shall provide Crane Services, to include various sized cranes, operator, and rigger for six Wastewater Treatment Plants, on an as need basis. 1.2 Service Requirements A. The City shall provide notification to the Contractor, via email or phone, identifying the crane size, the job site for which crane service is needed, and the estimated time the City will need the crane. B. The Contractor shall deliver the crane requested by the City to the identified job site. The City shall notify the Contractor when a crane is to be removed from the job, and the Contractor shall remove the crane within twenty-four (24) hours of receipt of notification. C. The cranes delivered to City job sites shall be in good working condition and fully operational. All cranes, and the operation of the crane, shall be in compliance with all federal, state, and local laws, rules, regulations, codes, and requirements. D. The Contractor shall be responsible for all maintenance and repairs during the crane service. All costs and expenses relating to such maintenance and repairs services shall be performed by, or on behalf of the Contractor, and shall the at the Contractor’s sole cost and expense. E. The City reserves the right to reject any crane that is not satisfactory to the City. The Contractor shall replace any crane that is rejected by the City. The replacement crane shall be a crane equal to, or larger than, the original crane. Replacement of such crane shall be at the Contractor’s sole cost and expense, and the City shall not be responsible for any related costs and expenses. F. The Contractor shall replace any crane that is not fully operational. The replacement crane shall be equal to, or larger than, the original crane provided to the City. Replacement of such cranes shall be at the Contractor’s sole cost and expense, and the City shall not be responsible for any related costs or expenses. G. Length of usage of each crane may vary during the contract period. 1.3 Crane Operator Qualifications A. The Contractor’s operator shall be qualified, through training, certification, and experience, to properly, and safely, operate the subject crane. B. The Contractor’s crane operator shall be CCO-certified, and OSHA 30- hour certified. DocuSign Envelope ID: 3DFE1A4F-6F86-4594-8790-EBC613CFCEBF Page 2 of 2 1.4 Work Sites Wastewater Treatment Plant Address Broadway WWTP 801 Resaca Oso WWTP 601 Nile Dr. Greenwood WWTP 6541 Greenwood Allison WWTP 4101 Allison Laguna WWTP 201 Jester Whitecap WWTP 13409 Whitecap 1.5 Invoicing A. The Contractor shall timely submit invoices via mail to the address below and email a copy of invoice to UtilitiesDept@cctexas.com. City of Corpus Christi ATTN: Accounts Payable PO Box 9277 Corpus Christi, TX 78469-9277 B. The invoice shall contain the following: 1. Service Agreement No. 2. Location and address 3. Itemized List of Charges, including crane size, hours, other fees 4. Total labor hours, i.e. operator, rigger DocuSign Envelope ID: 3DFE1A4F-6F86-4594-8790-EBC613CFCEBF DocuSign Envelope ID: 3DFE1A4F-6F86-4594-8790-EBC613CFCEBF ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS I. CONTRACTOR’S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City’s Risk Manager and Contract Administer one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of cancellation, non-renewal, material change or termination required on all certific ates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises – Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $1,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non-Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS’S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 RIGGERS’ LIABILITY $1,000,000 Per Occurrence C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. DocuSign Envelope ID: 3DFE1A4F-6F86-4594-8790-EBC613CFCEBF II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers’ Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: □ List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; □ Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; □ Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and □ Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. DocuSign Envelope ID: 3DFE1A4F-6F86-4594-8790-EBC613CFCEBF F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. BOND REQUIREMENTS: No bonds are required, therefore, Section 5 Insurance; Bonds subsection 5(B), is hereby void. 2020 Insurance Requirements Ins. Req. Exhibit Contracts for General Services – Services Performed Onsite – Riggers Liability 06/24/2020 Risk Management – Legal Dept. DocuSign Envelope ID: 3DFE1A4F-6F86-4594-8790-EBC613CFCEBF Page 1of 1 ATTACHMENT D: WARRANTY REQUIREMENTS No product warranty is required therefore, Service Agreement 94540, Section 8, Warranty Requirements subsections 8(A)and (B) are hereby void. DocuSign Envelope ID: 3DFE1A4F-6F86-4594-8790-EBC613CFCEBF DATE: June 29, 2021 TO: Peter Zanoni, City Manager FROM: Kevin Norton, Director of Water Utilities KevinN@cctexas.com (361) 826-1874 Josh Chronley, Assistant Director of Contracts and Procurement JoshC2@cctexas.com (361) 826-3169 CAPTION Motion authorizing a one-year supply agreement with DPC Industries, Inc. of Corpus Christi, Texas in an amount not to exceed $103,000.00 for Liquid Chlorine in 1 -ton Cylinders for O.N. Stevens Water Treatment Plant, with FY 2021 funding in an estimated amount of $34,334.00 available through the Water Fund. SUMMARY: This motion authorizes the establishment of a one-year supply agreement with DPC Industries, Inc. for a supply agreement for the O. N. Stevens Water Treatment Plant. BACKGROUND AND FINDINGS: The liquid chlorine will be used in treatment of potable (drinking) water. Liquid chlorine is defined as the commercially available f orm of liquefied elemental chlorine gas. Chlorine is the disinfectant used at the beginning of the treatment process to reduce organic nutrients in the raw water. The liquid chlorine 1-ton cylinders are a secondary system and only used when the primary feed system is offline. PROCUREMENT DETAIL: Contracts and Procurement conducted a competitive Request for Bid process to obtain bids for a new contract. The City received one responsive bid, and one unresponsive bid. Staff is recommending the award to the lowest, responsive, responsible bidder, DPC Industries Inc. DPC, Industries Inc. is the incumbent supplier of liquid chlorine. Prices of Liquid Chlorine 1-Ton Cylinders for O. N. Stevens Water Treatment Plant AGENDA MEMORANDUM Action Item for the City Council Meeting of June 29, 2021 liquid chlorine have fluctuated, and the price increase for new contract per 1-ton cylinder has increased 108% from year 2019. ALTERNATIVES: The alternative is to not purchase 1-ton cylinders and only rely on the use of the liquid chlorine from the railcar only, but if there is an emergency and a railcar cannot be used or delivered, we run the risk of not having liquid chlorine for treatment of potable drinking water. FISCAL IMPACT: The fiscal impact for the Utilities Department in FY2021 is $34,334.00. The remaining cost in the amount of $68,666.00 will be budgeted next fiscal year through the annual budget process. FUNDING DETAIL: Fund: 4010 Water Fund Organization/Activity 31010 Stevens Filter Plant Mission Element 062 Treat Water Project # (CIP only) N/A Account: 520010 Purification Chemicals RECOMMENDATION: Staff recommends approval of the action as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreement ITEM Description Unit 1-Year Qty Unit Price 1-Year Total Price 1 Liquid Chlorine - 1-Ton Cylinder EA 40 2,500.00$ 100,000.00$ 2 Rental Fee per 1-Ton Cylinder (per ton, per month cylinders to be turned every 6 months) EA 40 75.00$ 3,000.00$ TOTAL 103,000.00$ DPC Industries, Inc - Corpus Christi, Texas City of Corpus Christi Contracts and Procurement Buyer : Marco Lozano Bid Tabulation RFB # 3553 Liquid Chlorine in 1 -Ton Cylinders Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form December 15, 2020 SUPPLY AGREEMENT NO. 3553 Liquid Chlorine 1-Ton Cylinders THIS Liquid Chlorine 1-Ton Cylinders Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and DPC Industries, Inc. (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Liquid Chlorine 1-Ton Cylinders in response to Request for Bid No. 3553 (“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 Liquid Chlorine 1-Ton Cylinders in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. “Goods,” “products”, and “supplies”, as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for one year. 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 $103,000.00, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: DocuSign Envelope ID: 7F5DEE57-26BB-4F70-B694-6F0325A474E3 Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form December 15, 2020 City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4.Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Agreement is as follows: Name: Joanna Moreno Department: Utilities Department Phone: 361-826-1649 Email: Joannam@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Contractor until such time as the products are delivered and accepted by the City. 7.Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Contractor, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item’s bid price, must be paid by the Contractor within 30 days of receipt of City’s invoice. DocuSign Envelope ID: 7F5DEE57-26BB-4F70-B694-6F0325A474E3 Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form December 15, 2020 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In providing the Goods, Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City DocuSign Envelope ID: 7F5DEE57-26BB-4F70-B694-6F0325A474E3 Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form December 15, 2020 Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Joanna Moreno Title: Contracts / Funds Administrator Address: 2726 Holly Rd, Corpus Christi, Texas 78415 Phone: 361-826-1649 Fax: N/A IF TO CONTRACTOR: DPC Industries, Inc. Attn: Edward Manzano Jr. Title: Territory Manager Address: 5245 Sunbelt, Corpus Christi, Texas 78408 Phone: 361-289-6947 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 PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF DocuSign Envelope ID: 7F5DEE57-26BB-4F70-B694-6F0325A474E3 Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form December 15, 2020 ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19.Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20.Limitation of Liability. The City’s maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. DocuSign Envelope ID: 7F5DEE57-26BB-4F70-B694-6F0325A474E3 Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form December 15, 2020 23.Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor’s bid response (Exhibit 2). 24.Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Agreement if required by said statute. 25.Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26.Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27.Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) DocuSign Envelope ID: 7F5DEE57-26BB-4F70-B694-6F0325A474E3 Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form December 15, 2020 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI _________________________________________________ Josh Chronley Interim Assistant Director, Contracts and Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. 3553 Exhibit 2: Contractor’s Bid Response DocuSign Envelope ID: 7F5DEE57-26BB-4F70-B694-6F0325A474E3 5/24/2021 Edward Manzano Jr. Territory Manager Page 1 of 3 ATTACHMENT A: SCOPE OF WORK 1. General Requirements The Contractor shall provide liquid chlorine in 1-ton cylinders as outlined in this Scope of Work. 2. Scope of Work A. The Supplier shall supply liquid chlorine in 1-ton cylinders per scope of work. Liquid chlorine is defined as the commercially available form of liquefied elemental chlorine gas. B. The liquid chlorine will be use in treatment of potable(drinking) water. C. The liquid chlorine must conform to: 1.American National Standards Institute/American Water Works Association Standards for Liquid Chlorine, ANSI/AWWA B301-18 or latest revision. 2.American National Standards Institute/National Sanitation Foundation Institute Standards for Drinking Water Treatment Chemical- Health Effects, ANSI/NSF 60 or latest revision. 3.Conformance to ANSI/NSF 60 or latest revision shall be obtained by certification of this product by an agency recognized by the Texas Commission on Environmental Quality (TCEQ). 3. Delivery A. The City will place orders for liquid chlorine in 1-ton cylinders on an as needed basis. This is a secondary system and only runs when the primary feed system is offline. B. The Supplier shall deliver the material with lead time of less than or equal to 7 days. In unusual circumstances, the City will accept lead time of 10 days. C. Delivery is to be made to the City of Corpus Christi O.N Stevens Water Treatment Plant 13101 Leopard St, Corpus Christi, Texas 78469-9277. Delivery hours are Monday through Friday, 8:00 a.m. to 5:00 p.m. D. A Safety Data Sheet (SDS) must be provided to the City prior to shipping the product and along with the product. E. The supplier shall provide an affidavit of compliance, by manufacturer, stating that at the time of loading, the liquid chlorine furnished under the release order, complies with all applicable requirements of ANSI/AWWA B301- 18 and ANSI/NSF 60 shall be provided to the City of Corpus Christi, Plant Manager, 13101 Leopard St, Corpus Christi, Texas 78469-9277. DocuSign Envelope ID: 7F5DEE57-26BB-4F70-B694-6F0325A474E3 Page 2 of 3 4. Ownership City’s ownership of the Liquid Chlorine in 1-ton cylinders shall begin, and supplier’s ownership shall cease, upon arrival of the cylinder at the unloading rack at the O.N Stevens Water Treatment plant. 5. Testing The City of Corpus Christi reserves the right to have the product supplied tested at any time during the Contract period. An independent laboratory would do such testing. Failure to meet specification shall result in the testing rate costs to be borne by the Supplier. 6. Containers A. The Supplier shall supply Liquid Chlorine in 1 Ton Cylinders. B. The Supplier shipping containers for Liquid chlorine shall conform to applicable regulations of the federal, state and Interstate Commerce Commission. C. The Supplier shall send containers that are reconditioned and maintained in accordance with the latest edition of “Container Procedure at Chlorine Packaging Plants” issued by the Chlorine Institute Inc. The Supplier shall carefully examine the container for the leakage, damage and corrosion before delivery. D. All chlorine containers shall have legible tag(s) securely attached which, in addition to the information routinely furnished, shall indicate the following container history: 1.Date of last visual inspection in accordance with Compressed Gas Association, Inc standards. 2.Date the valves were overhauled. 3. Date the fuse plugs were tested and/or renewed. 4.Date the container was last cleaned 7. Inspection The City of Corpus Christi reserves the right to make unannounced inspection of the supplier’s plant and facilities at any time, in order to ensure proper cleaning of chlorine containers and proper preventative maintenance and testing of chlorine containers and regulators. 8. Safety Measures A. The Supplier shall provide with the following information. The information is to be continually updated as revisions occur during the contract period. 1.Location of nearest emergency station 2.Name of person in charge of emergency crew 3.Telephone number to be called for emergency service and/or normal maintenance. DocuSign Envelope ID: 7F5DEE57-26BB-4F70-B694-6F0325A474E3 Page 3 of 3 B. The Supplier shall assure that in case of emergency condition, trained emergency crews and equipment shall be made available on a 24-hour basis. C. The Supplier shall assure that in case of non-emergency condition, remedial maintenance shall be performed on existing problem within 24 hours of a receipt of maintenance problem call. 4.9 Invoicing A. Invoicing is to be done for each shipment. The invoice shall include P.O number or supply agreement no, ordering agency, unit price and total price. B. Approval of the payment shall be authorized by the Contract Administrator. DocuSign Envelope ID: 7F5DEE57-26BB-4F70-B694-6F0325A474E3 DocuSign Envelope ID: 7F5DEE57-26BB-4F70-B694-6F0325A474E3 DocuSign Envelope ID: 7F5DEE57-26BB-4F70-B694-6F0325A474E3 Page 1 of 3 ATTACHMENT C- INSURANCE REQUIREMENTS I. CONTRACTOR’S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City’s Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability Including: 1. Commercial Broad Form 2. Premises – Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired and Non-Owned 3. Rented/Leased $500,000 Combined Single Limit WORKERS’ COMPENSATION EMPLOYER’S LIABILITY Statutory $500,000 /$500,000 /$500,000 POLLUTION LIABILITY Risk Review $1,000,000 Per Occurrence C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. DocuSign Envelope ID: 7F5DEE57-26BB-4F70-B694-6F0325A474E3 Page 2 of 3 II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in an amount sufficient to assure that all workers’ compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. DocuSign Envelope ID: 7F5DEE57-26BB-4F70-B694-6F0325A474E3 Page 3 of 3 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, Section 5 Insurance; Bonds subsection 5(B), is hereby void. 2020 Insurance Requirements Ins. Req. Exhibit 4-C Contracts for General Services – Services Performed Onsite - Pollution 04/14/2020 Risk Management – Legal Dept. DocuSign Envelope ID: 7F5DEE57-26BB-4F70-B694-6F0325A474E3 Page 1 of 1 ATTACHMENT D: WARRANTY REQUIREMENTS No product warranty applies to this Supply Agreement therefore, Section 8 Warranty Subsections 8(A) and 8(B) are void. DocuSign Envelope ID: 7F5DEE57-26BB-4F70-B694-6F0325A474E3 DATE: June 29, 2021 TO: Peter Zanoni, City Manager FROM: Kevin Norton, Director of Water Utilities KevinN@cctexas.com (361) 826-1874 Josh Chronley, Assistant Director of Contracts and Procurement JoshC2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a three-year service agreement with Vets Securing America, Inc. of San Antonio, Texas in an amount not to exceed $208,050.36 for armed security guard services for Sunrise Beach, with FY 2021 funding in an estimated amount of $23,116.00 available through the Utilities Department Water Fund. SUMMARY: This motion authorizes a three-year service agreement for armed security guard services and on-site monitoring for Sunrise Beach between the hours of 3:00 p.m. to 11:00 p.m. each day, Sunday through Saturday. BACKGROUND AND FINDINGS: Sunrise Beach Park is located in San Patricio County, four miles southwest of Mathis and at the north end of the Wesley Seale Dam. The Park is 33.5 acres in size and has approximately one mile of shoreline on Lake Corpus Christi. Sunrise Beach Park was operated by private individuals under contract with the City of Corpus Christi Water Department until January 1, 2009, when the Water Utilities Department assumed operation of the Park. Sunrise Beach staff currently call the San Patricio County Sheriff Department for law enforcement assistance, but the response is sometimes delayed due to the large territory they must cover. The security guard, under this service agreement, will be assigned to monitor the front gate allowing only paid customers entry and will enforce and deliver eviction and non-compliance notices when Armed Security Guard Services for Sunrise Beach for the Utilities Department AGENDA MEMORANDUM Action Item for the City Council Meeting June 29, 2021 required, as well as respond to reports of illegal activity. PROCUREMENT DETAIL: The Contracts and Procurement Department conducted a competitive Request for Bids process to obtain bids. The City received four responsive, responsible bids and one non -responsive bid. Staff previously recommended award to the lowest, responsible bidder, Gulf Coast Security Enterprises LLC of New Orleans, Louisiana; however, they declined to proceed with the awarded contract. Vets Securing America, Inc. of San Antonio, Texas was the second lowest bidder and will honor the pricing submitted which is more accurately and competitively priced for armed guard services. ALTERNATIVES: The alternative to accepting this bid would be to continue calling the San Patricio County Sheriff Department for law enforcement needs. However, the risk of problems escalating without a security guard on-site would continue to exist. A security guard on-site will assist in resolving problems as quickly as possible and will be familiar with the daily clientele. FISCAL IMPACT: The fiscal impact for the Utilities Department is an amount not to exceed $23,116.00 for the first year of the three-year service agreement from the FY 2021 Water Fund, with the remaining cost of $184,934.36 to be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 4010 Water Fund Organization/Activity: 30205 Sunrise Beach Mission Element: 061 Manage raw water storage Project # (CIP Only): N/A Accounts: 530215 Maintenance & repairs – Contracted RECOMMENDATION: Staff recommends approval of this motion authorizing a three -year service agreement with Vets Securing America, Inc. of San Antonio, Texas for Armed Security Guard Services for Sunrise Beach as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation ITEM Description Annual Qty Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Estimated hours of security service required for 12 months: 1 Armed Guard – Sun-Sat (3pm-11pm) 2920 HRS 15.00$ 43,800.00$ 21.44$ 62,604.80$ 22.80$ 66,576.00$ 2 Armed Guard: Miscellaneous Hours 100 HRS 15.00$ 15.00$ 21.44$ 2,144.00$ 22.80$ 2,280.00$ 3 Armed Guard: Overtime Hours 100 HRS 22.50$ 2,250.00$ 31.09$ 3,109.00$ 34.20$ 3,420.00$ 4 Armed Guard: Holiday Hours 48 HRS 22.50$ 1,080.00$ 31.09$ 1,492.32$ 34.20$ 1,641.60$ 1 Year Total 46,065.00$ 69,350.12$ 73,917.60$ 3 Year Total 138,195.00$ 208,050.36$ 221,752.80$ Corrected to 145,890.00$ ITEM Description Annual Qty Unit Unit Price Total Price Unit Price Total Price Estimated hours of security service required for 12 months: 1 Armed Guard – Sun-Sat (3pm-11pm) 2920 HRS 25.85$ 75,482.00$ -$ -$ 2 Armed Guard: Miscellaneous Hours 100 HRS 38.78$ 3,878.00$ -$ -$ 3 Armed Guard: Overtime Hours 100 HRS 38.78$ 3,878.00$ -$ -$ 4 Armed Guard: Holiday Hours 48 HRS 38.78$ 1,861.44$ -$ -$ 1 Year Total 85,099.44$ -$ 3 Year Total 255,298.32$ Non- Responsive -$ * - Non-Responsive ** - Declined to proceed with awarded contract. Additionally, bid has corrected Math Error Line Item 2: Total Price from $15.00 to $1500.00 1 Year Total $46,065.00 to $48,630.00 3 Year Total $ 138,195.00 to $ 145,890.00 City of Corpus Christi Contracts and Procurement Department Buyer : Marco Lozano Bid Tabulation RFB # 3300 Armed Security Guard Services for Sunrise Beach * International Security Agency, Inc. - San Juan, Tx. Base Security & Fire Consultants. Inc. - Rosenberg, Tx ** Gulf Coast Security Enterprises, LLC - New Orleans, LA. Alert Patrol, Inc. - Margate, FL Vets Securing America - San Antonio, Tx. Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form December 15, 2020 SERVICE AGREEMENT NO. 3300 Armed Security Guard Services for Sunrise Beach THIS Armed Security Guard Services for Sunrise Beach Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Vets Securing America, Inc. (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Armed Security Guard Services for Sunrise Beach in response to Request for Bid/Proposal No. 3300 (“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 Armed Security Guard Services for Sunrise Beach (“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 zero additional zero-year periods (“Option Period(s)”), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Agreement is for an amount not to exceed $208,050.36, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: DocuSign Envelope ID: EBF56CCD-CA7C-4E3F-AAA0-59D76755490B Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form December 15, 2020 City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Agreement is as follows: Name: Diana Zertuche-Garza Department: Utilities Phone: 361-886-1827 Email: DianaG@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond’s terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. DocuSign Envelope ID: EBF56CCD-CA7C-4E3F-AAA0-59D76755490B Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form December 15, 2020 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, must be paid by the Contractor within 30 days of receipt of City’s invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. DocuSign Envelope ID: EBF56CCD-CA7C-4E3F-AAA0-59D76755490B Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form December 15, 2020 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: Diana Zertuche-Garza Title: Contracts/Funds Administrator Address: 2726 Holly Rd., Corpus Christi, TX 78415 Phone: 361-886-1827 Fax: N/A IF TO CONTRACTOR: Vets Securing America, Inc. Attn: Gerald Gregory Title: President Address: 3363 E. Commerce Street, Suite 132, San Antonio, Texas 78220 Phone: 800-441-1808 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 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, DocuSign Envelope ID: EBF56CCD-CA7C-4E3F-AAA0-59D76755490B Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form December 15, 2020 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 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 DocuSign Envelope ID: EBF56CCD-CA7C-4E3F-AAA0-59D76755490B Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form December 15, 2020 withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor’s bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. DocuSign Envelope ID: EBF56CCD-CA7C-4E3F-AAA0-59D76755490B Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form December 15, 2020 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI ________________________________________________ Josh Chronley Interim Assistant Director, Contracts and Procurement Date: _________________________ Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 3300 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: EBF56CCD-CA7C-4E3F-AAA0-59D76755490B 5/17/2021 Gerald Gregory President ATTACHMENT A: SCOPE OF WORK 1.1 General Requirements A. The Contractor shall provide armed security guard services, “on-site” monitoring of Sunrise Beach as specifically outlined in Scope of Work. Requirements for patrolling this area shall be as outlined in this Scope of Work. B. Type of Security - The Security Guard shall be armed with a firearm. Any nightstick, baton, billy club, flashlight, or other device which might be construed as a protective weapon which the Contractor may wish the Security Guard to carry, must be specifically approved in advance by the Contract Administrator. C. Identification - Contractor must provide the Security Guard a certified identification card. The Security Guard of the Contractor shall be required to wear a Contractor- provided photo identification card at all times. Contractor shall provide to the Contract Administrator a list containing the name(s) and a passport-size photograph of the Security Guard assigned to duty. Contractor shall keep such list with photographs current at all times. No “trainees” will be allowed in place of Security Guards. D. Experience – The Security Guard assigned to duty at Sunrise Beach must have a minimum of one year’s experience and be a commissioned Level 3 Uniformed Security Guard and must have been employed by Contractor for a minimum of one year. The Contractor must provide Contract Administrator proof of years of experience. The Contract Administrator reserves the right to waive these requirements if Contractor can provide “good reason” concerning experience or time employed. E. Drug Testing – The Contractor must use a drug testing laboratory certified by the Federal Substance Abuse & Mental Health Services Administration of the United States Department of Health and Human Services and must follow United States Department of Transportation Procedures identified in 49 Code of Federal Regulation, Part 40. Moreover, chain-of-custody procedures will be followed to account for the integrity of each specimen by tracking its handling and storage from point of specimen collection to final disposition of the specimen. Each specimen submitted for testing will be assayed for the presence of the following compounds: DocuSign Envelope ID: EBF56CCD-CA7C-4E3F-AAA0-59D76755490B EMIT SCREEN GC/MS CONFIRMATION DETECTION LEVEL DETECTION LEVEL DRUG GROUP ng/ml* ng/ml* Amphetamines 500 250 Barbiturates 300-1000** 200 Benzodiazepines 300 200 Cocaine Metabolites 150 100 Marijuana Metabolites 50 15 Methadone 300 200 Methaqualone 300 200 Opiate Metabolites 300 300 Phencyclidine 25 25 Propoxyphene 300 200 * nonograms/milliliter ** The limit of detection varies according to the specific drug and/or metabolite(s) present. The Contractor shall conduct drug testing prior to assignment and placement and will conduct random drug tests, in compliance this scope of work, on the Security Guard assigned to duty. Contractor shall review all drug tests. Any employee of the Contractor failing a drug test shall not be assigned to duty. Contractor will provide the written results of any drug test within 24 hours of City’s request for same. F. Background Checks – 1. At Contractor’s expense, and as a prerequisite to placement, Contractor shall perform background and credit investigations on any Security Guard assigned to Sunrise Beach and furnish the results of same to the Contract Administrator, or designee, who will determine each prospective guard’s eligibility for placement with the City, prior to Contractor making placement. Contractor’s failure to provide written proof, acceptable to the Contract Administrator, that the above- described background and credit checks were conducted for each any Security Guard prior to placement and are favorable for placement, shall result in the City deducting $500, for each such unauthorized placement, from the invoice applicable to the month in which such unauthorized placement(s) was/were made. 2. Credit Investigations - All credit investigations shall be conducted on a national basis and shall reflect “Actual” credit history. For the Security Guards who has resided solely in the State of Texas for the ten years immediately preceding their placement with the City, the Contractor need only conduct a State of Texas background check which shall DocuSign Envelope ID: EBF56CCD-CA7C-4E3F-AAA0-59D76755490B consist of a search for criminal convictions at the state level and in those counties in which said employee has resided. For the Security Guards who has who has resided outside the State of Texas at any time and for any duration of time during the ten years immediately preceding placement with the City, the Contractor shall conduct a national background check which shall consist of a search of the following for criminal convictions: federal records and records of the states and counties/parishes in which said prospective Security Guard has resided in the ten years immediately preceding placement with the City. All background checks shall search for criminal convictions and Also-Known- As (AKA). 3. Any Security Guard assigned to Sunrise Beach must also comply with all Police Department security checks. 4. An employee of the Contractor failing a background or Police Department check or who, in the opinion of the Contractor or the City, has an abnormally high debt-to-earnings ratio, shall not be assigned to duty at any City facility. G. Smoke Free - All City Facilities are “Smoke Free” buildings. Therefore, no smoking is allowed by employees, contractors, vendors, visitors, or anyone within the building, including Contractor’s employees. H. Training/Customer Service - Any Security Guard assigned to duty shall be trained and undergo periodic refresher training in the following areas: 1. Red Cross-Certified First Aid procedures and resuscitation. Procedures including the use of cardio-pulmonary resuscitation (CPR) and the Heimlich maneuver. Proof of training for each assigned Security Guard must be submitted to the Contract Administrator. 2. Communication procedures including the use of portable two-way radio equipment and cellular telephones. 3. Police procedures in: public relations, facility security, personal safety, emergency management, personal assaults, disorderly conduct, public intoxication, juvenile delinquency, patrolling and surveillance and reporting techniques. 4. The Contractor will make sure any Security Guard assigned is trained to write and maintain daily reports, including, but not limited to, those detailed in this scope of work. Security Guards will be trained to document activities or problems in City Facilities, as well as, properly DocuSign Envelope ID: EBF56CCD-CA7C-4E3F-AAA0-59D76755490B complete accident or incident reports covering mishaps, unusual events, unexpected occurrences, and the like. 1.2 Contract Employees Contractor’s Security Guard assigned to Sunrise Beach will conduct themselves in a businesslike and professional manner at all times. The Contractor expressly agrees to remove from duty any Security Guard whose continued employment is deemed by the Contract Administrator to be contrary to the public interest or inconsistent with the best interest of the City. 1.3 Identification of Contract Employees All of the Contractor’s employees regularly employed as a Security Guard assigned to Sunrise Beach or in the direct supervision of said Security Guard under this Contract shall be identified by a distinctive uniform complete with photo badge and name tag identifying each employee individually. 1.4 Pre-Performance Conference Prior to commencing work under the Contract, the Contractor shall meet in conference with the Contract Administrator to develop mutual understandings relative to this contract and to provide for a smooth assumption of duties. 1.5 Damage or Loss of Property The Contractor is responsible for taking action to protect City supplies and equipment and the personal property of its employees from loss, theft, damage, or tampering. 1.6 Invoicing Instructions Contractor's invoices will be submitted to the Contract Administrator within five working days following the end of each calendar month in which services are performed. Upon verification of the work performed and charges, the Contract Administrator will process the invoices for payment. 1.7 Emergency Procedures Contractor shall be thoroughly familiar with Emergency Procedures Manuals for all Facilities. The Contractor and each Security Guard shall observe and enforce all building Fire and Safety regulations including but not limited to those regarding smoking and shall be cognizant of and observe all requirements for handling and storage of combustible waste, trash, etc. Contractor shall promptly report all infractions of these rules and requirements to the Contractor Administrator. 1.8 Contractor Quality Control 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 DocuSign Envelope ID: EBF56CCD-CA7C-4E3F-AAA0-59D76755490B Contract are provided as specified. All new Security Guards duties will be personally supervised by an experienced Security Guard for not less than the initial 16 hours the new Security Guard is on duty, to familiarize the new Security Guard with procedures before assuming independent duty. At least twice annually, the Contractor will conduct a comprehensive inspection of security operations, requirements, and weaknesses or problems. The results of this inspection will be compiled in a formal report, a copy of which will be given to the Contract Administrator, twice annually. The report will highlight current Contract performance and recommended solutions will be provided for any perceived problem areas. 1.9 City Quality Assurance All phases of the services rendered under this Contract are subject to the inspection and approval of the Contract Administrator. If the Contractor's overall performance is unsatisfactory, the Contract Administrator will so notify the Contractor in writing. The Contractor shall reply to such notice in writing within three working days with an outline or plan of corrective action which must be acceptable to the Contract Administrator, or designee. Contractor's continued unsatisfactory performance shall be sufficient cause for termination of this contract. 1.10 Facility Specific Requirements Services will be provided at 22825 Park Rd 25, Mathis, Texas. An Armed Security Guard will be assigned to monitor the front gate allowing only paid customers entry. Patrol of assigned area is required on an hourly basis. The Security Guard must become familiar with Park rules to help enforce and deliver eviction and non-compliance notices when required. Security inspections of restroom facilities must be performed on a daily basis at 10:00pm. 1.11 Work Site and Conditions The work shall be performed at 22825 Park Road 25, Mathis, Texas. The hours services are required are Sunday through Saturday from 3:00pm to 11:00pm which includes national holidays. Patrol of the main gate and RV Park which accommodates up to 75 trailers is required. Work may need to be performed in all types of weather conditions. 1.12 Installed Systems The following systems are to be monitored for location: 1. Security Cameras 2. Pin code activation security gates 1.13 Reports Sunrise Beach will require additional reporting of issues or findings including but not limited to water leaks, septic, and electrical issues. DocuSign Envelope ID: EBF56CCD-CA7C-4E3F-AAA0-59D76755490B 1.14 Facilities and Equipment Provided by the City The City will provide a logbook and pens for the guard on duty. No other equipment will be provided by the City. 1.15 Contractor Furnished Supplies and Equipment The Contractor shall furnish handgun and vehicle. 1.16 Security Guard Access to the Building Will only have access to security post and restroom facilities. 1.17 Special Instructions to the Contractor A. The Contract Administrator will provide special instructions pertaining to the smooth and efficient operation of Security Guard Surveillance and monitoring services. Such instructions will be provided in three categories: 1. Written standing instructions which will be directives of a permanent nature that will remain in force until formally changed or canceled. These will be instructions that pertain to the normal operation and preservation of good order and efficiency within the building and environs for all Facilities. 2. Written temporary instructions will be related to the specific event or operation which is expected to be completed during a specific time frame. These instructions will normally be canceled on completion of the event or operation for which they are written. 3. Verbal temporary instructions will be provided to the Contractor by the Contract Administrator, or designee, to address unforeseen incidents or problems which may develop. They will pertain only to the specific situation for which they are provided. B. While it shall be the responsibility of the Contractor to carry out such special instructions given by the Contractor Administrator, it is the obligation of the Contractor to offer comment or recommendations regarding any such instructions which may bear improvement or be contrary to established security practices. Such comment or recommendation may be given verbally but must be followed by written notice to the Contract Administrator from the Contractor. C. Special instructions to the Contractor will be given only by the Contract administrator or designee specified in writing. Further, the City agrees that any claims arising from third parties against the Contractor for acts and/or omissions directed by the City and giving rise to such claims are the responsibility of the City unless negligence or malpractice on the part of the Contractor or any Security DocuSign Envelope ID: EBF56CCD-CA7C-4E3F-AAA0-59D76755490B Guard is indicated. Each party waives any and all rights of recovery against the other party for damage to the premises or loss of property as a result of fire or force majeure except in instances involving the negligence or malpractice of either party. 1.18 City Contract Administrator The Contract Administrator shall be the single point of contact for the Contractor for all matters and shall keep all records pertaining to this contract. The Contract Administrator shall approve all phases of performance and operations under this Contract including authorization for payment. The Contract Administrator or his/her designee shall be the single point of contact for the Contractor for all matters. The Contract Administrator may change over time and any such changes will be given to the Contractor in writing. Sunrise Beach Building Contact David Lozano Wesley Seale Dam 299 County Rd. 365. 361-826-1271 DavidLoz@cctexas.com DocuSign Envelope ID: EBF56CCD-CA7C-4E3F-AAA0-59D76755490B Rest Room Rest Room Guard Post DocuSign Envelope ID: EBF56CCD-CA7C-4E3F-AAA0-59D76755490B DocuSign Envelope ID: EBF56CCD-CA7C-4E3F-AAA0-59D76755490B Page 1 of 3 ATTACHMENT C: INSURANCE REQUIREMENTS I. CONTRACTOR’S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City’s Risk Manager and Purchasing Director one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of cancellation, non-renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises – Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) 1. Owned 2. Hired and Non-Owned 3. Rented/Leased $500,000 Combined Single Limit WORKERS’S COMPENSATION Employers Liability Statutory $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. DocuSign Envelope ID: EBF56CCD-CA7C-4E3F-AAA0-59D76755490B Page 2 of 3 II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers’ Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and DocuSign Envelope ID: EBF56CCD-CA7C-4E3F-AAA0-59D76755490B Page 3 of 3 not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. Section 5. Bonds. (B) is null to this agreement 2020 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services – Services Performed Onsite 06/08/2020 Risk Management – Legal Dept. DocuSign Envelope ID: EBF56CCD-CA7C-4E3F-AAA0-59D76755490B Page 4 of 4 ATTACHMENT D: WARRANTY REQUIREMENTS Section 8. Warranty. (A) & (B) is null to this Service Agreement DocuSign Envelope ID: EBF56CCD-CA7C-4E3F-AAA0-59D76755490B DATE: June 29, 2021 TO: Peter Zanoni, City Manager FROM: Kevin Norton, Director of Water Utilities KevinN@cctexas.com (361) 826-1874 Josh Chronley, Assistant Director of Contracts and Procurement JoshC2@cctexas.com (361) 826-3169 CAPTION: Resolution authorizing a two-year supply agreement with Aclara Technologies LLC, of St. Louis, Missouri, for a total amount not to exceed $2,304,818.00, for water meter transmission units (MTUs) for the Utilities Department, effective upon issuance of notice to proceed, with FY 2021 funding in the amount of $384,136.33 available through the Water Fund. SUMMARY: This resolution authorizes a two-year supply agreement for the purchase of water meter transmission units for the Utilities Department. This agreement is necessary to ensure a steady supply of MTUs in order to collect automatic meter reads for customer billing. This item has been reviewed by the Information Technology Department who supports th e agreement. BACKGROUND AND FINDINGS: The City of Corpus Christi has approximately 105,000 metered water connections, with new service connections added daily. In 2005, the City of Corpus Christi began implementation of the automated metering infrastructure that allows the wireless collection of daily meter readings for water utilities. New meter transmission units must be installed to replace those that are broken or damaged, and at new service connections lacking the required equipment. It is estimated that the department will need 12,000 units per year (11,000 for replacement and 1,000 for new service). Water Meter Transmission Units AGENDA MEMORANDUM Action Item for the City Council Meeting of June 29, 2021 PROCUREMENT DETAIL: This is a sole source procurement. Aclara Technologies LLC is the sole source manufacturer of the STAR Fixed Network Automatic Meter Reading System which is currently installed throughout the city. Water meter transmission units and MTU programmer software are proprietary products of Aclara and are not compatible with any other automatic meter reading system. Aclara has not increased their price to the City throughout the two - year contract that is set to expire soon. The new contract pricing reflects a 2% and 1% price decrease on the two types of meter transmission units included in the agreement. ALTERNATIVES: An alternative to awarding this supply agreement is to not enter into an agreement, which would require separate procurements on an as-needed basis. This would reduce the economies of scale pricing secured through a long-term contract, increase the time delay due to the procurement process, thereby resulting in inaccurate or non-reads on customer utility bills. FISCAL IMPACT: The fiscal impact for the Utilities Department in FY 2021 is $384,136.33 for this two-year supply agreement. The remaining cost will be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 4010 Water Organization/Activity: 31510 Maintenance of Water Meters Mission Element: 041 Project # (CIP Only): N/A Account: 520150 Meter/serv cnnct RECOMMENDATION: Staff recommends approval of this resolution authorizing a two-year supply agreement with Aclara Technologies LLC for water meter transmission units for the Utilities Department as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Supply Agreement Resolution Page 1 of 2 Resolution authorizing a two-year supply agreement with Aclara Technologies LLC, of St. Louis, Missouri, for a total amount not to exceed $2,304,818.00, for water meter transmission units (MTUs) for the Utilities Department, effective upon issuance of notice to proceed, with FY 2021 funding in the amount of $384,136.33 available through the Water Fund. WHEREAS, these supplies will be used by the Utilities Department; WHEREAS, Aclara Technologies LLC, will provide water meter transmission units, which are critical in sustaining the Department’s operational reliability for service; 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 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 for 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 secure a purchase from Aclara Technologies LLC, of St. Louis, Missouri based on a sole source for a total amount not-to-exceed $ 2,304,818.00. Page 2 of 2 PASSED AND APPROVED on the ______ day of _________, 202 1: Paulette M. Guajardo _______________________ Roland Barrera _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Billy Lerma _______________________ John Martinez _______________________ Ben Molina _______________________ Mike Pusley _______________________ Greg Smith _______________________ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor City of Corpus Christi Price Sheet Senior Buyer: Cynthia Perez Purchase of Aclara Water MTU’s Quotation #: Q-16465-1 Aclara Technologies, LLC St. Louis, Missouri ITEM DESCRIPTION QTY UNIT UNIT PRICE PRICE TOTAL 1 Series 3450 Water MTU: Encoder, Single Port, Extended Range, 12’ Bare Wire Cable Part No. 3451-012-DBW 12,000 EA $95.00 $1,140,000.00 2 Series 3450 Water MTU: Encoder, Single Port, Extended Range, 3' Nicor Connector Cable Part No. 3451-103-DBW 12,000 EA $97.00 $1,164,000.00 3 Series 3450 Water MTU: Encoder, Dual Port, Extended Range, 12' Bare Wire Cable Part No. 3452-012-DBW 1 EA $120.00 $120.00 4 Series 3450 Water MTU: Encoder, Dual Port, Extended Range, 3' Nicor Connector Cable Part No. 3452-103-DBW 1 EA $125.00 $125.00 5 Series 3450 Water MTU: Encoder, Dual Port, Extended Range, 3' Nicor Connector Cable, Pit Lid Antenna (antenna sold separately) Part No. 3452-103-DBW-A 1 EA $125.00 $125.00 6 Series 3450 Water MTU: Encoder, Dual Port, Extended Range, 12' Bare Wire Cable, Pit Lid Antenna (antenna sold separately) Part No. 3452-012-DBW-A 1 EA $120.00 $120.00 7 Series 3450 Water MTU: Encoder, Single Port, Extended Range, 12' Bare Wire Cable, Pit Lid Antenna (antenna sold separately) Part No. 3451-012-DBW-A 1 EA $100.00 $100.00 8 Series 3450 Water MTU: Encoder, Single Port, Extended Range, 3' Nicor Connector Cable, Pit Lid Antenna (antenna sold separately) Part No. 3451-103-DBW-A 1 EA $100.00 $100.00 9 Series 3000 Pit Lid Antenna (MTU sold separately) Part No. 073-3002 1 EA $25.00 $25.00 10 Water MTU Antenna Mounting Kit: Tab Part No. 109-10571-04 1 EA $7.00 $7.00 11 Series 3000 Pit Lid Antenna (MTU sold separately) Part No. 073-3002 1 EA $25.00 $25.00 12 Water MTU Antenna Mounting Kit: Tab Part No. 109-10571-04 1 EA $7.00 $7.00 13 Series 3000 Pit Lid Antenna (MTU sold separately) Part No. 073-3002 1 EA $25.00 $25.00 14 Water MTU Antenna Mounting Kit: Tab Part No. 109-10571-04 1 EA $7.00 $7.00 15 Series 3000 Pit Lid Antenna (MTU sold separately) Part No. 073-3002. 1 EA $25.00 $25.00 16 Water MTU Antenna Mounting Kit: Tab Part No. 109-10571-04 1 EA $7.00 $7.00 TOTAL $2,304,818.00 Supply Agreement – Aclara 1 of 14 SUPPLY AGREEMENT NO. 3564 Aclara Water MTU's THIS Aclara Water MTU's Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Aclara Technologies, LLC (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Aclara Water MTU's in response to Request for Bid No. SS - 3564 (“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 Aclara Water MTU's in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. “Goods,” “products”, and “supplies”, as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for two 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. 3. Compensation and Payment. This Agreement is for an amount not to exceed $2,304,818.00, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. 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: DocuSign Envelope ID: 12B7A3D4-F4F8-405F-BC7F-118FC9AB9E93 Supply Agreement – Aclara 2 of 14 City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Agreement is as follows: Name: Joanna Moreno Department: Utilities Phone: 361-826-1649 Email: JoannaM@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, Contractor shall provide the City with at least 20 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. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Contractor until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced at no charge to the City provided that City notifies the Contractor in writing within 20 days (“Acceptance Period”) of Contractor delivering the products to a particular place designated by the City. In the event City does not notify Contractor on or before the expiration of the Acceptance Period of the unacceptability of any delivered products, such products shall be deemed to be acceptable to City, and such goods shall be warranted pursuant to Paragraph 8. DocuSign Envelope ID: 12B7A3D4-F4F8-405F-BC7F-118FC9AB9E93 Supply Agreement – Aclara 3 of 14 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. For the avoidance of doubt, although a contract manufacturer of Products is not deemed a subcontractor under this Article, a contract manufacturer shall be considered an agent for purposes of this Agreement and Contractor shall be responsible and liable for the acts and omissions of such contract manufacturer. 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. DocuSign Envelope ID: 12B7A3D4-F4F8-405F-BC7F-118FC9AB9E93 Supply Agreement – Aclara 4 of 14 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Joanna Moreno Contracts/Funds Administrator 1201 Leopard St. Corpus Christi, TX 78401 Phone: 361-826-1649 IF TO CONTRACTOR: Aclara Technologies, LLC Attn: Legal Department 77 Westport Plaza, Suite 500. St. Louis, MO 63146 Phone: 314-895-6425 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 BROUGHT BY A THIRD PARTY ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, REASONABLE ATTORNEYS’ FEES AND REASONABLE EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT WHICH RESULTS IN DIRECT DAMAGES OR RESULTS FROM TO THE EXTENT CAUSED BY THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS PROVIDED THAT: A. THE CITY PROMPTLY NOTIFIES CONTRACTOR IN WRITING OF SUCH CLAIMS; B. CITY FULLY COOPERATES WITH CONTRACTOR IN ASSISTING IN THE DEFENSE OR SETTLEMENT OF SUCH CLAIMS; AND C. CONTRACTOR DocuSign Envelope ID: 12B7A3D4-F4F8-405F-BC7F-118FC9AB9E93 Supply Agreement – Aclara 5 of 14 SHALL INVESTIGATE SUCH CLAIMS AND HAS THE SOLE RIGHT TO CONDUCT THE DEFENSE OF SUCH CLAIM OR TO SETTLE SUCH CLAIM. CONTRACTOR SHALL DEFEND AT ITS OWN EXPENSE, WITH COUNSEL OF ITS CHOOSING, BUT REASONABLY ACCEPTABLE TO THE CITY, ANY SUIT OR ACTION BROUGHT AGAINST INDEMNITEES BASED UPON SUCH CLAIMS. 18. Termination. (A) (A)The City may terminate this Agreement for Contractor’s failure to perform the work specified in this Agreement. The City must give the Contractor 30 days’ written notice of the breach. If the Contractor has not cured within the 30 -day period, the City Manager 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. Limitation of Liability. Notwithstanding anything contained herein to the contrary, the total aggregate liability of either Party for all liability arising out of or in connection with the performance of its obligations under this Agreement shall be limited to the aggregate sum of payments made by the City to Contractor under this Agreement. IN NO CASE SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES OR FOR THE LOSS OF BENEFIT, PROFIT, REVENUE, OR DATA, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 20. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 21. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. DocuSign Envelope ID: 12B7A3D4-F4F8-405F-BC7F-118FC9AB9E93 Supply Agreement – Aclara 6 of 14 22. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor’s bid response (Exhibit 2). 23. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Agreement if required by said statute. 24. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 26. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) DocuSign Envelope ID: 12B7A3D4-F4F8-405F-BC7F-118FC9AB9E93 Supply Agreement – Aclara 7 of 14 CONTRACTOR Signature: Printed Name: Robert Enyard Jr. Title: Vice President Date: CITY OF CORPUS CHRISTI Josh Chronley Interim Assistant Director, Contracts and Procurement Date: APPROVED AS TO LEGAL FORM: Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. 3564 Exhibit 2: Contractor’s Bid Response DocuSign Envelope ID: 12B7A3D4-F4F8-405F-BC7F-118FC9AB9E93 6/1/2021 DocuSign Envelope ID: 71BC1A5C-74A3-473B-AC36-0B67D092E2E4 ATTACHMENT A: SCOPE OF WORK 1.1 General Requirements/Background Information A. The Contractor shall supply Water Meter Transmission Units (MTU’s) and associated parts. B. The Contractor is responsible for all shipping charges. The City is responsible for shipping charges for the return of units under warranty. C. The Contractor shall ship items ordered to: City of Corpus Christi Utilities-Water Department 2726 Holly Rd. Building 8-A Corpus Christi, TX 78415 D. Invoices will be submitted as follows: 1. The original invoice will be submitted to: City of Corpus Christi Utilities Department – Water P.O. Box 9277 Corpus Christi, TX 78469-9277 2. An electronic copy of invoice emailed to Utilitiesdept@cctexas.com. Supply Agreement – Aclara 8 of 14 DocuSign Envelope ID: 12B7A3D4-F4F8-405F-BC7F-118FC9AB9E93 Supply Agreement – Aclara 9 of 14 DocuSign Envelope ID: 71BC1A5C-74A3-473B-AC36-0B67D092E2E4 Attachment B - Pricing Schedule Quotation #: Q-16465-1 ITEM DESCRIPTION QTY UNIT UNIT PRICE PRICE TOTAL 1 Series 3450 Water MTU: Encoder, Single Port, Extended Range, 12’ Bare Wire Cable Part No. 3451-012-DBW 12,000 EA $95.00 $1,140,000.00 2 Series 3450 Water MTU: Encoder, Single Port, Extended Range, 3' Nicor Connector Cable Part No. 3451-103-DBW 12,000 EA $97.00 $1,164,000.00 3 Series 3450 Water MTU: Encoder, Dual Port, Extended Range, 12' Bare Wire Cable Part No. 3452-012-DBW 1 EA $120.00 $120.00 4 Series 3450 Water MTU: Encoder, Dual Port, Extended Range, 3' Nicor Connector Cable Part No. 3452-103-DBW 1 EA $125.00 $125.00 5 Series 3450 Water MTU: Encoder, Dual Port, Extended Range, 3' Nicor Connector Cable, Pit Lid Antenna (antenna sold separately) Part No. 3452-103-DBW-A 1 EA $125.00 $125.00 6 Series 3450 Water MTU: Encoder, Dual Port, Extended Range, 12' Bare Wire Cable, Pit Lid Antenna (antenna sold separately) Part No. 3452-012-DBW-A 1 EA $120.00 $120.00 7 Series 3450 Water MTU: Encoder, Single Port, Extended Range, 12' Bare Wire Cable, Pit Lid Antenna (antenna sold separately) Part No. 3451-012-DBW-A 1 EA $100.00 $100.00 8 Series 3450 Water MTU: Encoder, Single Port, Extended Range, 3' Nicor Connector Cable, Pit Lid Antenna (antenna sold separately) Part No. 3451-103-DBW-A 1 EA $100.00 $100.00 9 Series 3000 Pit Lid Antenna (MTU sold separately) Part No. 073-3002 1 EA $25.00 $25.00 10 Water MTU Antenna Mounting Kit: Tab Part No. 109-10571-04 1 EA $7.00 $7.00 DocuSign Envelope ID: 12B7A3D4-F4F8-405F-BC7F-118FC9AB9E93 DocuSign Envelope ID: 71BC1A5C-74A3-473B-AC36-0B67D092E2E4 Supply Agreement – Aclara 10 of 14 11 Series 3000 Pit Lid Antenna (MTU sold separately) Part No. 073-3002 1 EA $25.00 $25.00 12 Water MTU Antenna Mounting Kit: Tab Part No. 109-10571-04 1 EA $7.00 $7.00 13 Series 3000 Pit Lid Antenna (MTU sold separately) Part No. 073-3002 1 EA $25.00 $25.00 14 Water MTU Antenna Mounting Kit: Tab Part No. 109-10571-04 1 EA $7.00 $7.00 15 Series 3000 Pit Lid Antenna (MTU sold separately) Part No. 073-3002. 1 EA $25.00 $25.00 16 Water MTU Antenna Mounting Kit: Tab Part No. 109-10571-04 1 EA $7.00 $7.00 TOTAL $2,304,818.00 DocuSign Envelope ID: 12B7A3D4-F4F8-405F-BC7F-118FC9AB9E93 DocuSign Envelope ID: 71BC1A5C-74A3-473B-AC36-0B67D092E2E4 Supply Agreement – Aclara 11 of 14 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 applica ble 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 Contractor will provide a 20-written day notice of cancellation, material change in coverage, or intent not to renew any of the policies Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability Including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $250,000 Per Occurrence 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 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- VIL. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within I 0 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: DocuSign Envelope ID: 12B7A3D4-F4F8-405F-BC7F-118FC9AB9E93 DocuSign Envelope ID: 71BC1A5C-74A3-473B-AC36-0B67D092E2E4 Supply Agreement – Aclara 12 of 14 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 twenty (20) 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 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 3563 , Section 5 Insurance; Bonds subsection 5(B), is hereby void. 2020 Insurance Requirements Ins. Req. Exhibit 4-D Contracts for General Services - Services Performed Offsite 06/08/2020 Risk Management -Legal Dept. DocuSign Envelope ID: 12B7A3D4-F4F8-405F-BC7F-118FC9AB9E93 DocuSign Envelope ID: 71BC1A5C-74A3-473B-AC36-0B67D092E2E4 Supply Agreement – Aclara 13 of 14 Attachment D Aclara® RF Water / Gas Warranties 1. Aclara® RF Water / Gas MTU Warranty. Aclara Technologies LLC (“Aclara”) warrants to the original Purchaser of an Aclara RF Water or Gas Meter Transmission Unit (“MTU”) that the MTU shall be free from defects in material and workmanship for a period of ten (10) years from the date of original product shipment (“Warranty Period”). Any MTU manufactured by Aclara that, within Warranty Period, fails as a result of a defect in material or workmanship, when returned to Aclara, freight prepaid, will be repaired or replaced, at the option of Aclara, without charge to the Purchaser. A MTU which has been repaired or replaced by Aclara will be returned to the Purchaser by Aclara, freight prepaid. Aclara warrants replacement MTUs for the remaining term of the Warranty Period applicable to the MTU repaired or replaced. Subject to the limitations set forth herein, Aclara will replace any MTU that, after expiration of the Warranty Period but before the expiration of the twentieth (20th) full year after the date of original product shipment, fails as a result of a defect in material or workmanship. The price of replacement will be prorated in accordance with the following table based on the number years of service before failure: Years of Service Replacement Price Percentage 11 55% 12 60% 13 65% 14 70% 15 75% 16 80% 17 85% 18 90% 19 95% 20 100% The price to replace a defective MTU will be calculated by multiplying the applicable Replacement Price Percentage by the MTU price in effect at the time of replacement. The warranty offered to Purchaser shall only cover MTUs (i) configured to default factory settings (hourly readings and four (4) transmissions per day), (ii) operated within standard operating conditions (averaging no more than two (2) on-demand or valve position change requests per month, up to two (2) firmware downloads and one (1) full ninety-six (96) day data log extraction over the life of the MTU), and (iii) was installed and initiated within one (1) year of the date of original product shipment date. 2. Aclara® RF DCU Warranty. Aclara warrants to the original Purchaser of an Aclara RF Data Collection Unit (“DCU”) that the DCU shall be free from defects in material and workmanship for a period of one (1) year from the date of original product shipment(“Warranty Period”). Any DCU manufactured by Aclara that, within the Warranty Period, fails as a result of a defect in material or workmanship, will be repaired or replaced, at the option of Aclara, without charge to the Purchaser. Aclara shall either: (1) Provide a return authorization to the Purchaser to return the defective DCU for repair; or (2) Perform on-site repair of the defective DCU, provided Purchaser pays all reasonable Aclara travel expenses. Aclara will be responsible for cost inbound and outbound freight when using shipping method of Aclara’s choice. Purchaser must provide reasonable access to the DCUs and shall be responsible for additional costs incurred should Aclara be prevented access at the scheduled time. Aclara warrants replacement DCUs for the longer of: (i) the remaining term of the Warranty Period applicable to the DCU repaired or replaced, or (ii) ninety (90) days from the date the repaired DCU or its replacement is returned to Purchaser. 3. Aclara® RF Water / Gas Wireless Field Programming Coil Warranty. Aclara warrants to the original Purchaser of an Aclara RF Water / Gas Wireless Field Programming Coil (“Programmer”) that the Programmer shall be free from defects in material and workmanship for a period of one (1) year from the date of original product shipment (‘Warranty Period”). Any Programmer manufactured by Aclara that, within the Warranty Period, fails as a result of a defect in material or workmanship, when returned to Aclara, freight prepaid, will be repaired or replaced, at the option of Aclara, without charge to the Purchaser. A Programmer which has been repaired or replaced by Aclara will be returned to the Purchaser by Aclara, freight prepaid. Aclara warrants replacement Programmers for the longer of: (i) the remaining term of the Warranty Period applicable to the Programmer repaired or replaced, or (ii) ninety (90) days from the date the repaired Programmer or its replacement is returned to Purchaser. 4. Software. All of the products set forth herein include software which is proprietary to Aclara and which is protected by United States Copyright Laws with which the Purchaser must comply. Purchaser has the right to utilize the software in the product with the product, but Purchaser may not disassemble, decompile, or modify the software. The software is confidential and the property of Aclara and shall not be disclosed to others. 5. Return Material Authorization Process. The return of defective products under a warranty claim must be returned in accordance with Aclara’s Return Material Authorization (RMA) Process. Please refer to the latest process document posted to the Aclara customer portal at: https://aclaratech.force.com/login 6. Warranty Claim. The warranty remedies set forth herein shall be contingent upon: (1) Purchaser providing written notice of a warranty claim to Aclara within the applicable warranty period; and (2) Purchaser returning the defective product to Aclara within sixty (60) days of removal and in accordance with the RMA Process.. 7. Exceptions to Warranties. The following apply to all warranties offered to Purchaser by Aclara and set forth herein. a. All costs associated with the removal and/or reinstallation of a defective product shall be the responsibility of the Purchaser. b. The warranties set forth herein do not cover repairs or replacements required as a result of misuse, mishandling, improper storage, accident, modification, improper operation, installation errors, meter failures, theft, vandalism, acts of god or repair by unauthorized personnel. c. Aclara reserves the right to supply factory refurbished equipment, new equipment, or a newer model that provides equivalent or better performance. 8. NO IMPLIED WARRANTIES. THE WARRANTIES CONTAINED HEREIN ARE IN LIEU OF ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE LIABILITY OF ACLARA SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF ANY DEFECTIVE PRODUCT. IN NO EVENT SHALL ACLARA BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, RESULTING FROM PRODUCT INSTALLATION, USE, REMOVAL OR REINSTALLATION. THE REMEDIES SET FORTH HEREIN ARE EXCLUSIVE, AND IN NO EVENT SHALL THE LIABILITY OF ACLARA EXCEED THE PRICE OF THE PRODUCT ON WHICH SUCH LIABILITY IS BASED. THE LIMITATION OF REMEDIES SET FORTH HEREIN IS IN RECOGNITION OF THE DIFFICULTIES OF PROOF OF LOSS AND THE INCONVENIENCE AND NON-FEASIBILITY OF OTHERWISE MEASURING DAMAGES AND OBTAINING AN ADEQUATE REMEDY. THE WARRANTIES CONTAINED HEREIN MAY NOT BE ALTERED, AMENDED, OR MODIFIED, EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF ACLARA. DocuSign Envelope ID: 12B7A3D4-F4F8-405F-BC7F-118FC9AB9E93 DocuSign Envelope ID: 71BC1A5C-74A3-473B-AC36-0B67D092E2E4 Supply Agreement – Aclara 14 of 14 DocuSign Envelope ID: 12B7A3D4-F4F8-405F-BC7F-118FC9AB9E93 DATE: June 29, 2021 TO: Peter Zanoni, City Manager FROM: Bill Mahaffey, Director of Gas Operations BillM@cctexas.com (361) 826-1801 Josh Chronley, Assistant Director of Contracts and Procurement JoshC2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a two-year supply agreement, with Wilnat Inc., dba Koons Gas Measurement of Tulsa, Oklahoma, in an estimated amount of $1,357,752.00, for 11,650 gas meters that will be used for new services and replacement of models no longer supported for Gas Operations, effective upon issuance of notice to proceed, with FY202 1 funding in an amount not to exceed $169,719.00 available through the Gas Fund. SUMMARY: This service agreement is to supply gas meters for Gas Operations. The Information Technology Department has reviewed this item and supports this agreement. BACKGROUND AND FINDINGS: The City has approximately 61,000 metered gas connections with additional new service connections being added throughout the year. Each connection requires the installation of a meter to allow for the accurate measurement of gas usage. PROCUREMENT DETAIL: Contracts and Procurement conducted a competitive Request for Bid process to obtain bids for new long-term contracts. The City received one responsive, responsible bid and is recommending the award to Wilnat Inc., dba Koons Gas Measurement. Supply Agreement for Gas Meters AGENDA MEMORANDUM Action Item for the City Council Meeting June 29, 2021 ALTERNATIVES: There are no viable alternatives. The bid from Wilnat Inc. is responsive and within budget. FISCAL IMPACT: The fiscal impact for Gas Operations in FY 2021 is not to exceed $169,719.00 for this two-year supply agreement with Wilnat Inc. dba Koons Gas Measurement for the purchase of gas meters, with the remaining cost funded in future years through the annual budget process. FUNDING DETAIL: Fund: 4130 Gas Organization/Activity: 34130 Gas Construction Mission Element: 022 Gas Distribution System Project # (CIP Only): N/A Account: 520150 Meter/serv cnnct mat RECOMMENDATION: Staff recommends approval of this motion authorizing a two-year supply agreement with Wilnat Inc., dba Koons Gas Measurement for gas meters as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement Bid Tabulation City of Corpus Christi Bid Tabulation Contracts and Procurement Department RFB No. 3598 Senior Buyer: Tracy Garza Gas Meters ITEM # QTY (2-YEAR)UNIT UNIT PRICE EXTENDED PRICE 1 11,000 EA $99.980 $1,099,780.00 2 600 EA $330.430 $198,258.00 3 50 EA $1,194.280 $59,714.00 $1,357,752.00 American AL-800 Diaphragm Meter GRAND TOTAL WILNAT INC., dba KOONS GAS MEASUREMETNT TULSA, OK American AC-250 Diaphragm Meter American AL-425 Diaphragm Meter DESCRIPTION Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form March 12, 2021 SUPPLY AGREEMENT NO. 3598 Gas Meters THIS Gas Meters Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Wilnat, Inc. dba Koons Gas Measurement (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Gas Meters in response to Request for Bid No. 3598 (“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 Gas Meters in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. “Goods,” “products”, and “supplies”, as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for two years. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods (“Option Period(s)”), provided, the parties do so 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 $1,357,752.00, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: DocuSign Envelope ID: 3CBB8DB5-DF2E-4D8C-9C60-292A2C84039B Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form March 12, 2021 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: John Flores Department: Gas Department Phone: 361-885-6925 Email: johnf@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Contractor until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Contractor, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item’s bid price, must be paid by the Contractor within 30 days of receipt of City’s invoice. DocuSign Envelope ID: 3CBB8DB5-DF2E-4D8C-9C60-292A2C84039B Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form March 12, 2021 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In providing the Goods, Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City DocuSign Envelope ID: 3CBB8DB5-DF2E-4D8C-9C60-292A2C84039B Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form March 12, 2021 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: John Flores Title: Work Coordinator Address: 4225 S. Port Avenue, Corpus Christi, Texas 78415 Phone: 361-885-6925 Fax: 361-853-3200 IF TO CONTRACTOR: Wilnat, Inc. dba Koons Gas Measurement Attn: Nathan Harris Title: Sales Representative Address: 10934 E. 55th Place, Tulsa, Oklahoma 74146 Phone: 918-794-9494 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 PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF DocuSign Envelope ID: 3CBB8DB5-DF2E-4D8C-9C60-292A2C84039B Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form March 12, 2021 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 City has not cured within the cure period, the City Manager 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 invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. DocuSign Envelope ID: 3CBB8DB5-DF2E-4D8C-9C60-292A2C84039B Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form March 12, 2021 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor’s bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) DocuSign Envelope ID: 3CBB8DB5-DF2E-4D8C-9C60-292A2C84039B Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form March 12, 2021 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI _________________________________________________ Josh Chronley Interim Assistant Director, Contracts and Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. 3598 Exhibit 2: Contractor’s Bid Response DocuSign Envelope ID: 3CBB8DB5-DF2E-4D8C-9C60-292A2C84039B 5/28/2021 Company Representative Nathan Harris Attachment A – Scope of Work General Requirements The supplier shall provide gas meters as outlined in this Scope of Work. All three types of meters shall have the capability to be used with Aclara AMR/AMI – MTU’s with a direct fit to the meter. See attached exhibit showing photos of required meters. Scope of Work The gas meters shall comply with the following specifications: A. American AC-250 Diaphragm Meter 1. Non-temperature compensated 2. 20 LT 3. Circular white/red dial register; Reading with 2 ft. and a ½ proving hand, plastic, or brass with tamper indication 4. Badges to be included on meter, meter number as requested B. American AL-425 Diaphragm Meter 1. Non-temperature compensated 2. 30 LT 3. Circular white/red dial register; Reading with 2 ft. and a ½ proving hand, plastic, or brass with tamper indication 4. Badges to be included on meter, meter number as requested C. American AL-800 Diaphragm Meter 1. Non-temperature compensated 2. 45 LT 3. Circular indirect, 5 LB, indexes plastic, or brass 4. Meter number as requested *NOTE: All the meters listed above are set up to 4 ounces/7 inches W/C, using a white dial. Or, if required, they are set up to 5 lbs. of pressure with a red dial. See attached exhibit. Order Placement and Delivery 1. The Supplier shall deliver new meters as per specification outlined in this Scope of Work and meet all industry standards for all type of meter and accuracy. 2. The City will place an order as needed. 3. Deliveries shall be accepted Monday to Friday (excluding City Holidays) between the hours of 8:00 AM to 4:00 PM, Central Standard Time. DocuSign Envelope ID: 3CBB8DB5-DF2E-4D8C-9C60-292A2C84039B 4. Delivery F.O.B: Gas Department, 4225 S. Port Avenue, Corpus Christi, TX 78415 Contract Pricing 1. The quantity is an estimate for two years. This estimate is based on calculation of the number of new houses being built, the number of meters junked, the meters exchanged, maintenance program on old meters and the meters that are rebuilt. 2. The City will provide precise quantities when placing an order for delivery. 3. The Unit Price includes for FOB destination, Freight included. Invoicing The Supplier shall invoice after each delivery. The Supplier’s invoice shall contain Supply Agreement No, Delivery Address, Product type and quantity. Supplier Quality Control and Superintendence The Supplier 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 Supplier will also provide supervision of the work to insure it complies with the contract requirements. DocuSign Envelope ID: 3CBB8DB5-DF2E-4D8C-9C60-292A2C84039B EXHIBIT A. American AC-250 Diaphragm Meter DocuSign Envelope ID: 3CBB8DB5-DF2E-4D8C-9C60-292A2C84039B B. American AL-425 Diaphragm Meter DocuSign Envelope ID: 3CBB8DB5-DF2E-4D8C-9C60-292A2C84039B C. American AL-800 Diaphragm Meter DocuSign Envelope ID: 3CBB8DB5-DF2E-4D8C-9C60-292A2C84039B Attachment B - Bid/Pricing Schedule DocuSign Envelope ID: 3CBB8DB5-DF2E-4D8C-9C60-292A2C84039B Attachment C - Insurance Requirements I. CONTRACTOR LIABILITY REQUIREMENTS 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. Commercial Broad Form 2. Premises – Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) 1. Owned 2. Hired and Non-Owned 3. Rented/Leased $500,000 Combined Single Limit WORKERS’ COMPENSATION EMPLOYER’S LIABILITY Statutory $500,000 /$500,000 /$500,000 C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. DocuSign Envelope ID: 3CBB8DB5-DF2E-4D8C-9C60-292A2C84039B 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. 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. DocuSign Envelope ID: 3CBB8DB5-DF2E-4D8C-9C60-292A2C84039B 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. 2021 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services – Services Performed Onsite 02/22/2021 Risk Management – Legal Dept. DocuSign Envelope ID: 3CBB8DB5-DF2E-4D8C-9C60-292A2C84039B Attachment D – Warranty A. Meters may be tested and inspected in the City’s Gas Meter Shop. Meters that do not meet the specifications or have mechanical defects will be rejected and returned to the supplier at their expense. B. The Supplier shall warrant Gas meters against defects arising from faulty material, faulty workmanship for a period of 12 months or manufacturer warranty following the acceptance of the goods. C. The Supplier shall guarantee each meter for a period of 15 years from the date of shipment, excluding vandalism. D. All parts proving defective within the warranty/guarantee period shall be repair, replaced without any cost to the City of Corpus Christi and the Supplier must cover all shipping costs. DocuSign Envelope ID: 3CBB8DB5-DF2E-4D8C-9C60-292A2C84039B DATE: June 22, 2021 TO: Peter Zanoni, City Manager FROM: Bill Mahaffey, Director of Gas Operations BillM@cctexas.com (361) 826-6927 Josh Chronley, Assistant Director of Contracts and Procurement JoshC2@cctexas.com (361) 826-3169 CAPTION: Resolution authorizing the renewal of a five-year natural gas supply contract with NextEra Energy Marketing, LLC for an estimated amount $125,000,000.00, of which $1,500,000.00 is needed for the remainder of the FY 2020-2021, to meet the City’s natural gas requirement from August 1, 2021 to August 1, 2026. SUMMARY: The purpose of this Agenda Item is to execute a five-year contract with NextEra to continue to provide natural gas. The current Natural Gas Supply contract expires on July 31, 2021. BACKGROUND AND FINDINGS: On July 26, 2016, the City Council approved a resolution to execute a five year natural gas supply, transportation, and facilities construction contract with National Energy & Trade, LP (“NET”) which was later purchased by NextEra Energy Marketing, LLC for the purchase of 100% of the City’s natural gas requirement to begin on August 1, 2016 and expires on July 31, 2021. Currently, the City of Corpus Christi purchases 100% of its daily natural gas requirements from NextEra Energy Marketing, LLC. The present five-year contract expires on July 31, 2021. Purchase of Natural Gas AGENDA MEMORANDUM Action Item for the City Council Meeting June 29, 2021 NextEra, the City’s current natural gas supplier, proposed a commodity price component and a fixed reservation fee of HSCI + $0.40 or $0.41 per MMBTU dependent on payment date and $1,650 per day respectively. Both are for a sixty (60) month term and did not change from the previous contract. The reservation fee equates to approximately $0.0275 per MMBTU and includes the cost of the facilities to be added, pipeline integrity management, any and all third party upstream pipeline fees, ad valorem taxes, legal, operations and maintenance (O&M) and general and administrative cost (G&A). Amendments to the contract also include more robust and flexible fixed price options NextEra’s Proposed Price: (HSCI + $0.40 or $0.41)/MMBTU + $1,650/day NextEra has existing interconnects to provide redundancy at the City’s three major purchase points and meet all past supply obligations. Gas supplied has met quality requirements. The City of Corpus Christi – Gas Department, with the assistance of ReSolved Energy Consulting, LLC, evaluated the proposal based on the weighted factors of deliverability, price, acquisition of interconnects, gas quality, marketing proposal and past perfo rmance, and recommends the 5-year natural gas supply contract be awarded to NextEra Energy Marketing, LLC. The financial impact of this item is approximately $25 million per year over the five -year term of the contract. The acquisition costs will be offset by the gas ratepayers. ALTERNATIVES: Not approve the contract and no longer have the capabilities of supplying natural gas to current and future customers. FISCAL IMPACT: The fiscal impact for Gas Operations is an amount of $1,500,00.00 for FY 2021, with the remaining cost to be budgeted in future years through the annual budget process. Funding Detail: Fund: 4130 Gas Fund Organization/Activity: 34100 Natural Gas Purchased Mission Element: 022 Gas Distribution Project # (CIP Only): N/A Account: 520200 Natural Gas Purchases RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Contract Page 1 of 2 Resolution authorizing a Five-year Natural Gas Supply Contract with NextEra Energy Marketing, LLC. for an estimated amount of $125,000,000.00 of which $1,500,000.00 is needed for the remainder of the FY 2020-2021, for the purchase of 100% of the City’s natural gas requirement from August 1, 2021 through August 1, 2026 WHEREAS, the City operates a natural gas system which requires purchase of natural gas; WHEREAS, State law provides that 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; and WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a)(14) as this purchase is procurement for goods purchased by a municipality for subsequent retail sale by the municipality; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or designee, is authorized to execute all documents necessary to secure the purchase of five-year gas supply contract from NextEra Energy Marketing, LLC, Juno Beach, Florida, for an estimated amount of $125,000,000.00 of which $1,500,000.00 is need for the remainder of the FY 2020-2021, for the purchase of 100% of the City’s natural gas requirement from August 1, 2021 to August 1, 2026 . Section 3. The City Manager or City Manager’s designee is authorized to execute up to three monthly extension agreements at the same terms and conditions with NextEra if a new contract has not been approved upon the expiration of the contract. Page 2 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 NATURAL GAS SUPPLY CONTRACT INDEX Article Page I. Definitions ................................................................................... 1 II. Quantity & Price ........................................................................ 2 III. Points of Delivery and Pressure ................................................. 4 IV. Measurement ............................................................................. 4 V. Measuring Equipment & Testing Provisions ............................ 6 VI. Quality ................................................................................. 7 VII. Invoicing, Payment and Audit. .............................................. 8 VIII. Term ................................................................................. 9 IX. Force Majeure .......................................................................... 10 X. Successors and Assigns ........................................................... 10 XI. Warranty of Title ....................................................................... 11 XII. Indemnity and Limitation of Liability ...................................... 11 XIII. Transfer of Title to and Possession of Gas .............................. 12 XIV. Regulatory Bodies .................................................................... 12 XV. Contract Administrator ............................................................ 13 XVI. Independent Contractor ........................................................ 13 XVII. Insurance ................................................................................. 13 XVIII. Certificate of Interested Parties ............................................. 14 XIX. Conflict of Interest ................................................................... 14 XX. Subcontractors ........................................................................ 14 XXI. Fiscal Year ................................................................................ 14 XXII. Waiver ................................................................................. 15 XXIII. Acknowledgement ................................................................. 15 XXIV. Compliance with Laws ........................................................... 15 XXV. Venue ................................................................................. 15 XXVI. Amendments ........................................................................... 15 XXVII. Termination ............................................................................... 15 XXVIII. Notice ................................................................................. 17 Page 1 of 26 GAS SUPPLY CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS AND NEXTERA ENERGY MARKETING, LLC GAS SUPPLY CONTRACT NO. ___________ THIS CONTRACT is entered into by and between NextEra Energy Marketing, LLC, hereinafter referred to as “Seller,” and the CITY OF CORPUS CHRISTI, TEXAS, a municipality, hereinafter referred to as “Buyer.” ARTICLE I DEFINITIONS Except as otherwise specified, the following terms as used in this Contract shall be construed to have the following scopes and meanings: 1. Day means the period from nine o’clock (9:00) a.m. CST to the next nine o’clock (9:00) a.m. CST. 2. Month means a period of one (1) calendar month commencing at nine o’clock (9:00) a.m. local time on the first day of any calendar month and ending at nine o’clock (9:00) a.m. local time on the first day of the next succeeding calendar month. 3. Year means a period of three hundred sixty-five (365) consecutive days provided, however, that any such period which contains the date of February 29 shall consist of three hundred sixty-six (366) consecutive days. 4. Psia means pounds per square inch, absolute. 5. Gas means natural gas that meets the quality standards contained in this Contract, including those under Article VI, “Quality.” 6. Cubic Foot of Gas means the volume of dry gas contained in one (1) cubic foot of space at a standard pressure base of fourteen and seventy-three hundredths (14.73) psia and a standard temperature base of sixty (60) degrees Fahrenheit, hereinafter referred to as “F.” 7. MCF means one thousand (1,000) cubic feet. 8. British Thermal Unit or BTU means one (1) the measurement unit of the quantity of heat required to raise the temperature of one (1) avoirdupois pound of pure water from fifty-nine and five-tenths (59.5) degrees F to sixty and five-tenths (60.5) degrees F at a constant pressure of fourteen and seventy-three hundredths (14.73) psia. 9. MMBTU means one million (1,000,000) BTUs. 10. Gross Heating Value means the number of BTUs produced by the complete combustion at constant pressure of one cubic foot of gas saturated with water vapor, at a constant pressure of fourteen and seventy-three hundredths (14.73) psia and under standard gravitational force (acceleration 32.175 feet per second per second) with air of the same temperature and pressure as the gas, when the products of combustion are cooled to the initial temperature of the gas and air and when the water formed by such combustion is Page 2 of 26 condensed to the liquid state. The Gross Heating Value of gas delivered under this Contract shall be corrected from the conditions of testing to those of the actual conditions, expressed in BTU per cubic foot and reported at a pressure base of fourteen and seventy- three hundredths (14.73) psia; however, if the gas as delivered contains seven (7) pounds of water or less per one million (1,000,000) cubic feet, such gas shall be deemed to be dry. 11. MAOP means the maximum allowable operating pressure of the City's system as shown in Exhibit “A.” 12. Mineral interest gas means that royalty share of gas owned by Buyer from wells producing, or will in the future produce, on City of Corpus Christi property or on non-City property of which Buyer has a legal right to take in kind, and which Buyer, in its sole discretion, receives directly into Buyer's distribution system. 13. Effective Date means the first day of August, 2021. 14. Points of Delivery means the delivery points described on Exhibit “A.” ARTICLE II QUANTITY & PRICE 1. Subject to the terms and conditions of this Contract, commencing with the effective date and continuing throughout the Term of this Contract, Seller agrees to deliver and sell and Buyer agrees to accept and purchase one hundred (100) percent of Buyer’s total daily gas requirement for resale within the operation of Buyer’s distribution system (the “Total Daily Gas Requirement”), a list of delivery points is attached and incorporated with this Contract as Exhibit “A; provided, however, that as Buyer, the City retains the right: a. to acquire secondary supplies for delivery in the North Beach and Padre Island systems; and b. to accept “mineral interest gas” or royalty gas, from production facilities producing natural gas on City properties from wells in which the City owns a mineral interest or royalty. 2. The “Contract Price” for gas delivered into the Buyer’s gas distribution system for the Term shall be comprised of four components: a. For all gas not priced at a Fixed Price, gas shall be priced on a daily index price, which price shall be comprised of the daily Houston Ship Channel/Daily Midpoint price as published in Platts Gas Daily Report in the table titled “Daily Price Survey ($/MMBTU),” section “East Texas,” row “Houston Ship Channel” and column “Midpoint,” and referred to as the “Daily HSC Index,” plus a fixed adder (the “Adder”) of $0.41 per MMBtu, inclusive of fuel and L&U, for each day of the Term (the “Index Price”). b. Seller shall give Buyer the right to fix the price for a mutually agreeable quantity not to exceed 60,000 MMBtu per day (the Page 3 of 26 “Monthly Fixed Quantity”) for a month or months (up to 12 months but not to span more than one fiscal year as described in Article XXI) during the Term starting on the date of contract execution. If Buyer desires to fix the price for more than one month, the fixed quantity may differ for each corresponding month. Buyer shall nominate the Monthly Fixed Quantity no later than 9:00 a.m. (CCT) on the tenth (10th) day of the month prior to the first day of the applicable month of delivery. Buyer shall nominate the agreed upon Monthly Fixed Quantities no later than 9:00 a.m. (CCT) on the tenth (10th) day of the month prior to the first day of the first month of the applicable months of delivery of the Fixed Quantities, if the price and quantities are fixed for more than one month. The fixed price for the Monthly Fixed Quantity will be established based on the options described in Exhibit “C” using the then-current price of Henry Hub natural gas futures contracts and adding a basis differential to reflect the difference in price between Henry Hub and Houston Ship Channel prices and adding any additional costs required consistent with Seller’s pricing methodology for transactions with similar risk parameters (the “Monthly Fixed Price”). Buyer shall also have the right to request to fix the price for a mutually agreeable quantity not to exceed 60,000 MMBtu per day inclusive of the Monthly Fixed Quantity (the “Intra-Month Fixed Quantity”) on an intra-month basis during the Term and for a mutually agreeable price based on the options described in Exhibit “C” (the “Intra-Month Fixed Price”). The parties shall agree to such Monthly Fixed Price or Intra- Month Fixed Price and Monthly Fixed Quantity and Intra-Month Fixed Price, as applicable, in a separately negotiated, mutually agreed upon and executed confirmation in a form substantially similar to Exhibit “D,” which shall be considered a firm obligation for both parties. In compliance with Exhibit “C,” in the event that the Total Daily Gas Requirement is less than the agreed Monthly Fixed Quantity or Intra-Month Fixed Quantity, Seller will use commercially reasonable efforts to dispose into the market the difference in volume between the Total Daily Gas Requirement and the applicable Fixed Quantity with the proceeds from these sales credited or debited to Buyer as applicable. c. A reservation fee of $0.0275 per MMBtu based on a capacity reservation of 60,000 MMBtu per day (or $1,650 per day) (the “Daily Reservation Fee”). 3. If at any time the HSC Index should cease to be published or otherwise becomes unavailable or not calculable, Buyer and Seller shall meet as soon as practicable not to exceed three (3) calendar days to determine and agree upon a comparable “Substitute Index.” The Substitute Index shall be Page 4 of 26 implemented retroactively as of the first day in which the HSC Index became unavailable. 4. Buyer and Seller agree to consider alternative pricing options, and the pricing method may be changed by mutual agreement, as evidenced by a written amendment executed by both parties to this Contract. ARTICLE Ill POINTS OF DELIVERY AND PRESSURE 1. The Points of Delivery for all gas to be sold and purchased under this Contract shall be at the outlet of Seller's (or Seller's designee's) existing metering and pressure regulating facilities identified in Exhibit “A,” which is attached to and made a part of this Contract and which may be amended from time to time as Points of Delivery are added or deleted. 2. The gas delivered under Points of Delivery (Exhibit “A”) of this Contract shall be measured through facilities which will be maintained by Seller (or Seller's designee). ARTICLE IV MEASUREMENT The measurement provisions for Points of Delivery shall be as follows: a. Unit of Volume -- The unit of volume for measurement of gas sold and purchased shall be one (1) cubic foot of gas as provided by Sections 91.051 through 91.062 of the Texas Natural Resources Code. b. Basis -- All measurement facilities under this Contract shall be operated under the standards approved by the American National Standards Institute of June 28, 1977 and prescribed in the Gas Measurement Committee of the American Gas Association, referred to in this Contract as AGA, Report Number 3/American Petroleum Institute Manual of Petroleum Measurement Standards, Chapter 14.3 (AGA Report No. 3/API 14.3), as it is now and from time to time may be revised, amended, or supplemented. Where measurement is by other than orifice meters, determination of the necessary factors for proper volume shall be as mutually agreed in writing by the parties. c. Atmospheric pressure -- The atmospheric pressure applicable at all points of delivery shall be determined in accordance with AGA Report No. 3/API 14.3 as it is now and from time to time may be revised, amended, or supplemented. d. Ideal Gas Laws -- Measurement under this Contract shall be corrected for deviation from Ideal Gas Laws, and corrections shall be determined in accordance with AGA Report No. 3/API 14.3 as it is now and from time to time may be revised, amended, or supplemented. e. Where a displacement meter is used, the square of the orifice meter super compressibility factor shall be applied, except as may Page 5 of 26 otherwise be agreed in writing by the parties. f. Determination of Flowing Temperature -- The temperature of gas flowing through the measuring facilities under this Contract shall be determined by means of the continuous use of a recording thermometer or by such other method as the parties hereto may agree in writing. The arithmetic average temperature of the gas recorded each day, during periods of flow only, shall be used in computing the quantity of gas delivered for that day. g. Determination of Specific Gravity -- The specific gravity of gas flowing through the measuring facilities under this Contract shall be determined by use of a continuously recording gravitometer. The arithmetic average specific gravity recorded each day, during periods of flow only, shall be used in computing the gas volume for that day. In the event a recording gravitometer is not installed, the specific gravity of the gas under this Contract shall be determined at approximately 30-day intervals or at such other intervals as may be mutually agreed upon in writing by the parties hereto, by means which are approved by the AGA as set forth in its Gas Measurement Manual or by fractional analysis by the use of a spot or continuous sample taken at the Point of Delivery. h. Fractional analysis will be on a real gas basis in accordance with ANSl/ASTM D3588-79, as it is now and from time to time may be revised, amended, or supplemented. Specific gravities so determined will be used in calculating gas volumes under this Contract for the month in which the test is made and all succeeding months until that month in which a new sample is taken. i. Determination of Gross Heating Value -- The Gross Heating Value of the gas shall be determined by means of a recording calorimeter, employing the Thomas principle of calorimetry, proportional to flow continuous sample, or such other method mutually agreed upon in writing by the parties hereto. The arithmetic average of the hourly Gross Heating Value recorded each day, during periods of flow only, shall be considered as the heat content of the gas during such day. If a recording calorimeter is not available, the Gross Heating Value shall be determined at 30-day intervals or at such other intervals as may be mutually agreed upon in writing by the parties hereto, by the use of spot or continuous samples taken at the points of delivery. Gross Heating Value of a sample to be obtained either by calorimeter or chromatographic analysis using values of physical constants for the gas compounds, and the procedure for determining the Gross Heating Value of the gas shall be on a real gas basis in accordance with ANSl/ASTM 03588-79, as it is now and from time to time may be revised, amended, or supplemented. The Gross Heating Value of gas so determined shall be considered for all Page 6 of 26 purposes to be the Gross Heating Value of the gas for the month in which the sample is taken and all succeeding months until that month in which a new sample is taken. ARTICLE V MEASURING EQUIPMENT AND TESTING PROVISIONS 1. The measuring equipment and testing provisions for points of delivery shall be as follows: a. Access -- The parties hereto shall at all reasonable times have access to the premises of each other insofar as such premises are connected with any matter or thing covered hereby, for inspection, operation, installation, removal, repair and testing of equipment, but the operation of measuring equipment and changing of charts shall be done only by the employees or agents of the owner of such equipment. b. Testing and Repair of Equipment -- Seller (or Seller’s designee) and Buyer shall keep their respective measuring equipment, pressure regulators and overpressure protective equipment, including chromatographs, accurate and in repair. Monthly tests will be required on measuring equipment. Buyer and Seller (or Seller’s designee) agree to provide each other sufficient advance notice of the time of such tests so that Buyer or Seller (or Seller’s designee) may conveniently have its representative present. In the event measuring equipment is found to be inaccurate, it will be adjusted to register accurately. In the event either party or Seller’s designee desires a special test of any measuring equipment, the parties shall cooperate to secure prompt verification of the accuracy of such equipment. If upon any test, the percentage of inaccuracy of the measuring equipment is found to be in excess of one (1) percent, registrations thereof shall be corrected for a period extending back to the time such inaccuracy occurred if such time is ascertainable, and if not ascertainable, then back one-half (1/2) of the time elapsed since the last date of calibration not to exceed fifteen (15) days. c. Correction for Inaccurate Measurement -- If for any reason any measuring equipment is out of service or out of repair so that the quantity of gas delivered through such equipment cannot be ascertained or computed from the readings thereof, the quantity of gas so delivered during the period such equipment is out of service or out of repair shall be estimated and agreed upon by the parties hereto based upon the best available data, using the first of the following methods which is feasible: (1) By using the registration of any check measuring equipment registering accurately; (2) By correcting the error if the percentage of error is Page 7 of 26 ascertainable by calibration, test or mathematical calculation; or (3) By estimating the quantity of gas delivered under this Contract based on quantities delivered during preceding periods under similar conditions when the respective measuring equipment was registering accurately. d. Inspection of Charts and Records -- The charts and records from the measuring equipment shall remain the property of the owner thereof and same shall be retained for a period of not less than five (5) years. At any time within such period, upon request, each party or Seller's designee will submit records and charts from the measuring equipment, together with calculations therefrom, for inspection and verification by the other party or Seller's designee. Such records and charts shall be returned to the party providing same within thirty (30) days after receipt. e. Installation of Check Meters -- Buyer may, at its option, install a check meter for checking the metering equipment at the Points of Delivery; same shall be so installed as not to interfere with the operation of metering facilities of Seller or Seller's designee. 2. Seller must provide filters, chromatographs and moisture detectors for the Corpus Christi System and the Annaville/Calallen System. ARTICLE VI QUALITY 1. The quality provisions for Points of Delivery shall conform to the following specifications: a. Oxygen -- The oxygen content must not exceed two tenths (0.2%) percent by volume. b. Hydrogen Sulfide/Mercaptan -- Neither the hydrogen sulfide nor the mercaptan content shall exceed one-half (1/2) grain per one hundred (100) cubic feet. c. Sulfur -- The total sulfur content must not exceed five (5) grains per one hundred (100) cubic feet. d. Carbon Dioxide -- The carbon dioxide content must not exceed two (2) percent by volume. e. Total Inerts – Not more than four (4) percent by volume including carbon dioxide and nitrogen. f. Liquids -- The gas shall be free of water and hydrocarbons in liquid form at the temperature and pressure at which the gas is delivered and shall have been dehydrated prior to being delivered by any method other than the use of calcium chloride as a desiccant for removal of water present therein in a vapor state and shall in no event contain water vapor in excess of seven (7) pounds per one million (1,000,000) cubic feet. Seller shall be responsible for Page 8 of 26 collection and disposal of any liquids that may accumulate. g. Dust, Gums, and Solid Matter -- The gas shall be free of dust, gums, and other solid matter. h. Gross Heating Value -- The gas delivered shall have a Gross Heating Value of not less than nine hundred fifty (950) BTUs per cubic foot. i. Temperature -- The gas shall have a temperature of not less than forty (40) degrees F and not more than one hundred twenty (120) degrees F. 2. Any gas delivered by Seller to Buyer under this Contract which is accepted by Buyer without protest within five (5) days of delivery, shall be deemed to have met all of the quality specifications under the Contract. If at any time gas tendered under this Contract fails to conform to any of the quality specifications set forth above, Buyer shall notify Seller and Buyer may, at its sole option, and in addition to pursuing any other legal or equitable remedies available, refuse to accept delivery pending correction of the deficiency by Seller. If Seller has not corrected any failure to meet quality specifications within fifteen (15) days after receiving notice from Buyer of such failure, then Buyer has the right to terminate this Contract after said fifteen (15) day period and Seller shall be obligated to pay Buyer for any reasonable damages and expenses incurred by the Buyer. It is expressly agreed that such damages may include direct damages and expenses incurred by the Buyer as well as any direct damage to Buyer’s gas distribution system pipelines or facilities incurred by the City resulting from Seller’s failure to comply with the Contract's quality specifications. 3. Buyer will not accept delivery of gas under this Contract at a Gross Heating Value of less than nine hundred fifty (950) BTU per cubic foot. 4. Seller agrees that the gas delivered to Buyer during the Term may not contain any odorant which is not first approved in writing by Buyer. After the odorant to be used is approved by Buyer, it may not be changed by Seller without the written consent of Buyer. Such consent may not be withheld unreasonably. ARTICLE VII INVOICING, PAYMENT, AND AUDIT 1. Invoice -- On or before the tenth (10th) day of each month, Seller shall send to Buyer via email(s) as designated by Buyer, an invoice reflecting the quantity of gas delivered to and purchased by Buyer during the preceding calendar month, which shall not be less than the Fixed Quantity, if applicable. 2. Payment – Thirty (3O) days after receipt of invoice, Buyer shall pay to Seller the amount due pursuant to this Contract for deliveries during the preceding calendar month. Payment shall be the sum of the daily Index Price multiplied by the difference between the Total Daily Gas Requirement and the Fixed Quantity; plus the sum of the daily Fixed Page 9 of 26 Quantity Payment as defined in and based on the payment structure in Exhibit ”C”; plus the sum of the Daily Reservation Fees for the month; provided, however, if the Buyer pays to Seller the amount due by the fifteenth (15) day after receipt of invoice, then Buyer shall receive a credit in the next month’s invoice equal to $0.01 multiplied by the MMBtus reflected in the corresponding delivery month’s invoice. The remittance shall be via ACH transfer: Pay: Bank of America, N.A. For the Account of: NextEra Energy Marketing, LLC Account No.: 3751 227650 Fed. ABA No.: 1 1 10-0001-2. If Buyer in good faith disagrees with the amount of any invoice, Buyer shall notify Seller of such disagreement so that it may be resolved before the date for payment of such invoice. If Buyer fails to give such notice of disagreement, or if Buyer and Seller do not resolve such disagreement before the due date, the amount of the invoice not in dispute shall be paid by Buyer on the due date. Such payment shall be subject to adjustment without penalties upon final resolution of the disagreement. 3. Adjustment of Errors -- In the event an error is discovered in any invoice or payment hereunder, such error shall be adjusted within ninety (90) days of the determination thereof; provided, however, that claim therefore shall have been made within two (2) years from the date of such invoice or payment. 4. Audit -- Each party hereto shall have, at its expense, the right at all reasonable times to examine the books and records of the other party pertaining to the performance of the Contract to the extent necessary to verify accuracy of any invoice, charge, computation, or demand made under or pursuant to this Contract. Each party agrees to keep records and books of account in accordance with generally accepted accounting principles and practices in the industry. Any invoice shall be final as to both parties unless questioned within two (2) years after payment of such invoice. ARTICLE VIII TERM Subject to the provisions of this Contract, this contract shall be effective and continue in full force from the date of the termination of the Gas Supply Purchase Contract entered into as of August 1, 2016 between Seller and Buyer until 9:00 a.m., CST, on August 1, 2026 (the “Term”). Page 10 of 26 ARTICLE IX FORCE MAJEURE 1. Definition of Force Majeure -- The term “force majeure” as employed herein shall mean acts of God, strikes, lock outs, or other industrial disturbances, acts of public enemy, sabotage, wars, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, high water, washouts, or other natural disasters, threat of physical harm or damage resulting in the evacuation or shutdown of facilities necessary for the production, delivery, receipt or storage of gas, arrests and restraints of governments and people, civil disturbances, explosions, breakage or accident to machinery or lines of pipe, the necessity for testing or for making repairs or alterations to machinery or lines of pipe, partial or entire failure of wells, processing, storage or transportation facilities, or gasification and gas manufacturing facilities, the orders of any court, regulatory body or government authority or agency having jurisdiction, or the refusal or withdrawal of any necessary order, certificate or permit by any court, regulatory body or governmental authority or agency having jurisdiction, operational flow orders or implementation of system management plans or any other acts or omissions (including failure to take or deliver gas) of a transporter of Gas for either Buyer or Seller not caused by any acts or omissions of Buyer or Seller, and any other causes, whether of the kind herein enumerated or otherwise, not within the control of the party claiming suspension of Contract obligations and which, by the exercise of due diligence, such party or its subcontractor is unable to overcome. Nothing contained herein, however, shall be construed to require either party to settle a strike against its will. 2. Effect of Force Majeure -- In the event either Seller or Buyer is rendered unable by force majeure to itself or a necessary third party to wholly or in part carry out its obligations under the provisions of this Contract, it is agreed that the party so affected shall give notice within seventy-two (72) hours to the other party, and the obligations of the party affected by such force majeure, other than the obligation to make payments hereunder, shall be suspended during the continuance of any inability so caused but for no longer period, and such cause shall so far as possible be remedied with all reasonable dispatch. ARTICLE X SUCCESSORS AND ASSIGNS No assignment of this Contract or any of the rights or obligations under this Contract, whether by purchase, merger, consolidation, or otherwise, shall be made unless there first shall have been obtained the written consent to the assignment of the non-assigning party. Such consent may not be withheld unreasonably. Seller or Buyer may pledge or assign its respective right, title, and interest in, to and under this Contract to a trustee or trustees, individual, or Page 11 of 26 corporate, as security for bonds or other obligations or securities without the necessity of such trustee(s) becoming in any respect obligated to perform the obligations of the assignor under this Contract. This Contract i s for the sole benefit of the parties hereto and their respective successors and permitted assigns, and shall not inure to the benefit of any other person or entity whomsoever, it being the intention of the parties hereto that no third person shall be deemed a third party beneficiary of this Contract or otherwise have any rights hereunder. ARTICLE XI WARRANTY OF TITLE SELLER WARRANTS THE TITLE TO ALL GAS DELIVERED UNDER THIS CONTRACT. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES WHETHER WRITTEN, ORAL, IMPLIED OR STATUTORY. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, SELLER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ARTICLE XII INDEMNITY AND LIMITATION OF LIABILITY TO THE EXTENT ALLOWED BY TEXAS LAW, SELLER, ITS OFFICERS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, AND LICENSEES (FOR THE PURPOSES OF THIS ARTICLE CALLED “SELLER”) HEREBY FULLY INDEMNIFIES, SAVES AND HOLDS HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AGENTS, LICENSEES, AND INVITEES (“INDEMNITEES”) AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS ,CLAIMS, DEMANDS, AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURY (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS’ COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISES OUT OF OR IS IN ANY MANNER CONNECTED WITH, OR IS CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH SELLER'S INTENTIONAL OR NEGLIGENT ACTS IN ITS RESPECTIVE CONTROL WITH REGARD TO THE DELIVERY OF GAS. SELLER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL THOSE CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COST AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, OR ACTIONS. TO THE EXTENT ALLOWED BY TEXAS LAW AND SUBJECT TO COMPLIANCE WITH APPLICABLE TEXAS CONSTITUTIONAL REQUIREMENTS, THE CITY HEREBY FULLY INDEMNIFIES, SAVES AND HOLDS HARMLESS SELLER, ITS OFFICERS, EMPLOYEES, AGENTS, LICENSEES, AND INVITEES ("SELLER GROUP") AGAINST ANY AND ALL CLAIMS, FOR PERSONAL INJURY (INCLUDING WORKERS’ COMPENSATION AND DEATH CLAIMS) OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE Page 12 of 26 CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH, THE CITY’S INTENTIONAL OR NEGLIGENT ACTS IN ITS RESPECTIVE CONTROL WITH REGARD TO THE RECEIPT OF GAS BY THE CITY. THE CITY MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL SUCH CLAIMS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO SELLER, AND PAY ALL CHARGES FOR ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID CLAIMS. THE PARTIES CONFIRM THAT THE EXPRESS REMEDIES AND MEASURE OF DAMAGES PROVIDED IN THIS AGREEMENT SATISFY THE ESSENTIAL PURPOSES HEREOF. FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, SUCH EXPRESS REMEDY OR MEASURE OF DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY, THE OBLIGOR’S LIABILITY SHALL BE LIMITED AS SET FORTH IN SUCH PROVISION AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY HEREIN PROVIDED, THE OBLIGOR'S LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. UNLESS OTHERWISE EXPRESSLY PROVIDED HEREIN, IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER WISE, SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR LOSS OF PROFIT OR REVENUES, OR FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES. ARTICLE XIII TRANSFER OF TITLE TO AND POSSESSION OF GAS 1. As between Buyer and Seller, Seller shall be deemed in control and possession of the gas sold and purchased under this Contract and responsible for any damage or injury caused thereby until the same shall have been delivered to Buyer at the Points of Delivery in accordance with terms of this Contract. 2. As between Buyer and Seller, Buyer shall be in control and possession of the gas sold and purchased under this Contract and responsible for any damage or injury caused thereby after the same shall have been delivered to Buyer at the Points of Delivery in accordance with terms of this Contract. ARTICLE XIV REGULATORY BODIES 1. This Contract is subject to all valid orders, rules and regulations of any State, federal or other regulatory body having jurisdiction over the purchase, sale or use of the gas sold, and the parties agree to comply with such orders, rules, and regulations. Should either of the parties, by law or regulation, be ordered or required to do any act inconsistent with the provisions of this Contract, this Contract shall be deemed to be modified to conform with Page 13 of 26 such law or regulation. 2. Each of the parties understands that, should the Texas Railroad Commission, or other governmental regulatory body, require approval for the sale and purchase of gas under this Contract, then, each of the parties will make any necessary applications or filings and will submit any records or data to the regulatory body so that requisite regulatory authorization may be granted. 3. If any order, rule or regulation of any State, federal or other regulatory body significantly alters the relative benefits and burdens of the parties under this Contract, Buyer and Seller shall revise this Contract to restore the balance of risks, rewards, and costs originally set forth i n this Contract; provided, however, if the parties cannot mutually agree to revise the Contract, the matter may be submitted to either a dispute resolution process in accordance with the provisions herein or as otherwise agreed to by the parties. ARTICLE XV CONTRACT ADMINISTRATOR The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Contract including deductions for non-performance and authorizations for payment. All of Seller's notices or communications regarding this Contract must be directed to Bill Mahaffey, Director of Gas Operations, 2726 Holly Road, Corpus Christi, TX 78415. ARTICLE XVI INDEPENDENT CONTRACTOR Seller will perform the services hereunder as an independent contractor and will furnish services in its own manner and method, and under no circumstances or conditions may any agent, servant, or employee of Seller be considered as an employee of the City. ARTICLE XVII INSURANCE 1. Insurance requirements are attached to and incorporated with this Contract as Exhibit “B” and may be revised annually by the Contract Administrator upon 30 days written notice to Seller. Notwithstanding the aforementioned, any such revision shall be subject to the following: (i) Seller’s prior written consent, not to be unreasonably withheld, delayed or conditioned; (ii) that the requested insurance is both reasonably and commercially available; and (iii) that any incremental insurance-related costs resulting from the City’s request would be assumed and paid by the City. 2. Before activities can begin under this Contract, Seller's insurance company must deliver a Certificate of Insurance as proof of the required insurance Page 14 of 26 coverage to the Contract Administrator. 3. Additionally, the Certificate must state that the City will be given at least 30 days’ notice of cancellation or intent not to renew any of the policies. 4. The City must be named as an additional insured in each applicable policy identified in Exhibit “B”, Section II(D). The City Attorney must be given copies of all certificates of insurance within 15 days of the Contract Administrator's written request to Seller. ARTICLE XVIII CERTIFICATE OF INTERESTED PARTIES Seller agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. ARTICLE XIX CONFLICT OF INTEREST Seller agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary’s Office, if required. 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. ARTICLE XX SUBCONTRACTORS Seller may use subcontractors and affiliates of Seller in connection with the work performed under this Contract. When using subcontractors and affiliates of Seller, however, Seller must obtain prior written approval from the Contract Administrator, which shall not be unreasonably withheld. In using subcontractors, Seller is responsible for all their acts and omissions to the same extent as if the subcontractor or affiliate and its employees were employees of Seller. All requirements set forth as part of this Contract are applicable to all subcontractors and affiliates and their employees to the same extent as if the Seller and its employees had performed the services. ARTICLE XXI FISCAL YEAR All parties recognize that the continuation of any Contract after the close of any fiscal year of the City, which fiscal year ends on September 30 annually, is subject to appropriations and budget approval providing for such Contract item as an expenditure in that budget. The City does not represent that the budget item will be actually adopted, that determination being within the sole discretion of the City Council at the time of adoption of each budget. Page 15 of 26 ARTICLE XXII WAIVER No waiver of any breach of any term or condition of this Contract waives any subsequent breach of this Contract. ARTICLE XXIII ACKNOWLEDGEMENT Upon the effective date of this Contract, this Contract replaces and supersedes the August 1, 2016 Natural Gas Supply Contract between the parties. By entering into this Contract, each party acknowledges that Seller’s February 2021 invoice and Buyer’s payment of such invoice are authorized by, and conform to, the above-referenced Contract. Except in the event of a legislative or court-ordered repricing of the Houston Ship Channel index or Henry Hub index or a court order upheld on appeal finding that prices charged thereunder were illegal that, in any such case, are directly applicable to the 2016 Contract and, in the case of litigation, arises out of or relates to litigation initiated by third parties, the parties acknowledge that all payment obligations under the 2016 Contract have been satisfied and release each other from claims relating to Gas purchased by Buyer and delivered by Seller during February 2021. ARTICLE XXIV COMPLIANCE WITH LAWS This Contract is subject to all applicable federal and State laws. All duties of the parties will be performed in Nueces County, Texas. The applicable law for any legal disputes arising out of this Contract is the law of the State of Texas. ARTICLE XXV VENUE The venue for any disputes under this Contract is the United States District Court for the Southern District of Texas – Corpus Christi Division Located in Nueces County, Texas, and if such court refuses jurisdiction, then the appropriate district, county, or justice court in and for Nueces County, Texas. ARTICLE XXVI AMENDMENTS This Contract may be amended only by written agreement signed by duly authorized representatives of both parties to this Contract. ARTICLE XXVII TERMINATION 1. Either party may terminate this Contract for the other parties’ failure to perform the services specified in this Contract. Failure to keep all insurance policies in force for the entire term of this Contract is grounds for termination Page 16 of 26 by City. 2. The terminating party must give the other party twenty (20) business days written notice of the breach and set out a reasonable opportunity to cure. 3. If the breaching party has not cured within the cure period, the other party may terminate this Contract immediately after the cure period. Such date is an “Early Termination Date”. As of the Early Termination Date, the non-defaulting party shall determine, i n good faith and in a commercially reasonable manner, the amount owed (whether or not then due) with respect to, the "Net Settlement Amount," which is the sum of (i) the quantity of gas which was not part of the Fixed Quantity delivered and received between the parties on and before the Early Termination Date for which payment has not yet been made by the City under this Contract multiplied by the Index Price, plus all other applicable charges; plus (ii) the Replacement Value; plus (iii) the Fixed Price Termination Value. Neither party shall be liable for any delivery or receipt obligations after the Early Termination Date, except for the Fixed Price Termination Value. The “Replacement Value” shall be the Non-Delivered Gas Quantity multiplied by the Adder, plus the Daily Reservation Fee times the days remaining in the Term. The “Non-Delivered Gas Quantity” is the total estimated daily gas requirement for resale within the operation of City's distribution system for the remainder of the Term, minus the Fixed Quantity. The “Fixed Price Termination Value” means the difference (if any) between the Fixed Price and the Market Price multiplied by the Fixed Quantity for the remainder of the Term, plus all of Seller’s out of pocket costs to market and sell the Fixed Quantity. “Market Price” means the price for gas in a similar transaction at the Delivery Point determined by the non-defaulting party in a commercially reasonable manner. Notice shall be given by the non-defaulting party to the defaulting party of the Net Settlement Amount due to Seller from Buyer (the “Notice”). The Notice shall include a written statement explaining in reasonable detail the calculation of the Net Settlement Amount. The Net Settlement Amount as well as any applicable set-offs between the parties as allowed by law, shall be paid by the close of business on the second Business Day following such Notice, which date shall not be earlier than the Early Termination Date. Interest on any unpaid portion of the Net Settlement Amount as adjusted by setoffs, shall accrue from the date due until the date of payment at a Page 17 of 26 rate equal to the lower of (i) the then-effective prime rate of interest published under “Money Rates” by The Wall Street Journal, plus two percent per annum; or (ii) the Texas maximum applicable lawful interest rate for municipalities. Notwithstanding any other provision of this Contract, i f Buyer fails to pay Seller any amounts due under the Contract on a timely basis, Seller shall have the right to (a) suspend performance under the Contract until such delinquent amounts plus accrued interest calculated at a rate equal to the lower of (i) the then-effective prime rate of interest published under “Money Rates” by The Wall Street Journal, plus two percent per annum; or (ii) the Texas maximum applicable lawful interest rate for municipalities, have been paid or (b) exercise any remedy available at law or in equity to enforce payment of such amount plus interest, provided, however, that i f the City, in good faith, disputes the amount of any such billing or part thereof and pays such amounts as it concedes to be correct, no suspension shall be permitted. ARTICLE XXVIII NOTICE Notice 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 deposit if sent certified mail. Notice shall be sent as follows: If to Buyer: If to Seller: City of Corpus Christi NextEra Energy Marketing, LLC Attn: Bill Mahaffey Attn: Martin Gajewski Director of Gas Operations Senior Trader 2726 Holly Road 700 Universe Blvd. Corpus Christi, TX 78415 Juno Beach, FL 33408 Telephone: (361) 826-1801 (561) 694-3204 Facsimile: (361) 826-1889 n/a Email: BillM@cctexas.com martin.gajewski@nexteraenergy.com Page 18 of 26 AGREED TO BY: BUYER: CITY OF CORPUS CHRISTI SELLER: NEXTERA ENERGY MARKETING, LLC ______________________________ ______________________________ City Manager Date:__________________________ Date:___________________________ Attest: ______________________________ Rebecca Huerta City Secretary Approved as to form: This ____ day of ___________, 2021 Miles Risley City Attorney By: ____________________ Lisa Aguilar Assistant City Attorney EXHIBITS: Exhibit A List of Points of Delivery Exhibit B Insurance Requirements Exhibit C Fixed Price Addendum Exhibit D Fixed Price Confirmation Page 19 of 26 STATION NAME NORMAL OPERATING PRESSURE MAXIMUM ANTICIPATED PRESSURE MAXIMUM ANTICIPATED FLOW RATE LOCATION CORPUS CHRISTI SYSTEM OLD BROWNSVILLE RD STATION 145 150 1350 MCF/HR OLD BROWNSVILLE RD/ SARATOGA BEAR LANE STATION 145 150 1350 MCF/HR BEAR LN / JOE MIREUR RD ANNAVILLE/ CALALLEN SYSTEM RHEW STATION 165 200 200 MCF/HR RHEW RD/ LEOPARD ST VIOLET STATION 145 150 150 MCF/HR VIOLET RD / MALLARD DR POINTS OF DELIVERY ( EXISTING ) EXHIBIT "A" Page 20 of 26 Exhibit B INSURANCE REQUIREMENTS I. CONTRACTOR’S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City, such approval not to be unreasonably withheld. Contractor must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City’s Risk Manager and Director of Gas Department, one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. Contractor may satisfy the additional insured and waiver of subrogation endorsement requirements by using blanket endorsements. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of cancellation, non-renewal, or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises – Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Underground Hazards 7. Explosion & Collapse $5,000,000 Per Occurrence (Satisfied with any combination of primary and excess insurance) AUTO LIABILITY (including) 1. Owned 2. Hired and Non-Owned 3. Rented/Leased $500,000 Combined Single Limit WORKERS’ COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer’s Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 Page 21 of 26 In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all non-privileged accident reports by the later of either (i) 10 days after Contractor’s receipt of such report, or (ii) 10 days after the City’s request for such report. 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. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement Certificate of Insurance to City upon reasonable request at the address provided below within 10 days as requested by the City. Contractor shall pay any costs incurred resulting from providing a copy of any replacement Certificate of Insurance. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy and employer’s liability policy. Page 22 of 26 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within thirty (30) calendar days of a cancellation, non-renewal, or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2021 Insurance Requirements Gas Utilities Natural Gas Supply Agreement 06/11/2021 Risk Management – Legal Dept. Page 23 of 26 Exhibit C Price Addendum for Fixed Quantity (as defined in the Natural Gas Supply Contract) Note: For each Fixed Price Option, the “Fixed Quantity Payment” will be calculated as described in that Option. Fixed Price Option A - All Fixed HSC Price: The Fixed Price for the Fixed Quantity shall be (i) Fixed HSC Price plus (ii) Adder Fixed Quantity – as agreed upon by Buyer and Seller in the Fixed Price Confirmation but not to exceed 60,000 MMBtu per day for each month in which a Fixed Price is applicable Fixed Price Term – as agreed upon by Buyer and Seller in the Fixed Price Confirmation but no shorter than a month for any Monthly Fixed Quantities Fixed HSC Price - as agreed upon by Buyer and Seller in the Fixed Price Confirmation Adder - As per contract paragraph II.2.a. (A) For any day during the Fixed Price Term where the Total Daily Gas Requirement is below the Fixed Quantity, the Buyer shall pay the Seller the Fixed Quantity Payment, which shall be: (i) Fixed Price for the Total Daily Gas Requirement plus or minus (ii) applicable Usage Shortfall Payment. If the Usage Shortfall Payment is positive, Buyer shall pay Seller the Usage Shortfall Payment and if the Usage Shortfall Payment is negative, Seller shall pay Buyer the absolute value of the Usage Shortfall Payment. Where, “Usage Shortfall Payment” shall mean (i) Usage Shortfall multiplied by (ii) Net Liquidation Value. “Usage Shortfall” shall mean (i) Fixed Quantity minus (ii) Total Daily Gas Requirement “Net Liquidation Value” shall mean (i) Fixed HSC Price minus (ii) HSC Index “HSC Index” shall have the meaning as defined in Article II, subsection 2 Page 24 of 26 (B) For any day during the Fixed Price Term where the Total Daily Gas Requirement is equal to or above the Fixed Quantity, the Buyer shall pay the Seller the Fixed Quantity Payment, which shall be: (i) Fixed Price for the Fixed Quantity plus (ii) Index Price for the amount of the Total Daily Gas Requirement that exceeds the Fixed Quantity. Where, “Index Price” is defined in Article II, subsection 2 Fixed Price Option B – Fixed Henry Hub Price with floating Basis: The Fixed Price for the Fixed Quantity shall be (i) Fixed Henry Hub Price plus (ii) Adder plus (iii) Actual Basis Fixed Quantity – as agreed upon by Buyer and Seller in the Fixed Price Confirmation but not to exceed 60,000 MMBtu per day for each month in which a Fixed Price is applicable Fixed Price Term – as agreed upon by Buyer and Seller in the Fixed Price Confirmation but no shorter than a month for any Monthly Fixed Quantity Fixed Henry Hub Price - as agreed upon by Buyer and Seller in the Fixed Price Confirmation Adder - As per contract paragraph II.2.a. Where, “Actual Basis” shall mean (i) HSC Index minus (ii) Daily Henry Hub Index “Daily Henry Hub Index” shall mean the price per MMBtu posted in Platts, Gas Daily, under the headings “Daily Price survey ($/MMBtu)”, in the section “Louisiana/Southeast”, in the row “Henry Hub” and in the column titled “Midpoint”. “HSC Index” shall have the meaning as defined in Article II, subsection 2 (A) For any day during the Fixed Price Term where the Total Daily Gas Requirement is below the Fixed Quantity, the Buyer shall pay the Seller the Fixed Quantity Payment, which shall be: (i) Fixed Price for the Total Daily Gas Requirement plus or minus (ii) applicable Usage Shortfall Payment. If the Usage Shortfall Payment is positive, Buyer shall pay Seller the Usage Page 25 of 26 Shortfall Payment and if the Usage Shortfall Payment is negative, Seller shall pay Buyer the absolute value of the Usage Shortfall Payment. Where, “Usage Shortfall Payment” shall mean (i) Usage Shortfall multiplied by (ii) Net Liquidation Value. “Usage Shortfall” shall mean (i) Fixed Quantity minus (ii) Total Daily Gas Requirement “Net Liquidation Value” shall mean (i) Fixed Henry Hub Price minus (ii) Daily Henry Hub Index (B) For any day during the Fixed Price Term where the Total Daily Gas Requirement is equal to or above the Fixed Quantity, the Buyer shall pay the Seller the Fixed Quantity Payment, which shall be: (i) Fixed Price for the Fixed Quantity plus (ii) Index Price for the amount of the Total Daily Gas Requirement that exceeds the Fixed Quantity. Where, “Index Price” is defined in Article II, subsection 2 Page 26 of 26 Exhibit D Sample – Fixed Price Confirmation The parties hereby agree: Fixed Quantity – ______ MMBtu per day Fixed Price Term – ________ (For any Monthly Fixed Quantities, not to exceed 12 months or span more than one fiscal year as described in Article II) Fixed Henry Hub Price - $_____ per MMBtu Fixed HSC Price - $______ per MMBtu Fixed Price Option Type: __ Option A (Fixed HSC Price) __ Option B (Fixed Henry Hub Price) AGREED TO BY: BUYER: CITY OF CORPUS CHRISTI SELLER: NextEra Energy Marketing LLC ______________________________ ______________________________ City Manager Date:__________________________ Date:___________________________ Attest: ______________________________ Rebecca Huerta City Secretary Approved as to form: This ____ day of ___________, 2021 Miles Risley City Attorney By: ____________________ Lisa Aguilar Assistant City Attorney DATE: June 29, 2021 TO: Peter Zanoni, City Manager FROM: Kevin Smith, Director of Aviation KevinS4@cctexas.com (361) 289-0171 ext. 1213 Josh Chronley, Assistant Director of Contracts and Procurement JoshC2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing the purchase of one replacement John Deere cab tractor with front loader and rotary cutter from Deere & Company, of Cary, North Carolina through the BuyBoard Cooperative, for a total amount of $98,094.15, which will be utilized to mow grass and general lawn and field maintenance at the Corpus Christi International Airport (CCIA), with FY 2021 funding available through the Vehicle Equipment Replacement Fund. SUMMARY: The Airport intends to purchase a John Deere tractor to replace an aging tractor in their existing fleet. The purchase will be programmed through the City’s Vehicle Equipment Replacement Fund (VERF) program. The tractor will be used to perform landside and airfield maintenance by Airport Facilities personnel. BACKGROUND AND FINDINGS: The Airport’s existing tractor has reached its useful life and needs to be replaced. The City will purchase a new John Deere tractor. The purchase will also include an attachable batwing mower that has been specified for airfield and landside maintenance. The purchase will also include a hydraulic front load bucket to be used for landscaping, maintenance, and moving aggregate, sand, or caliche materials. The new vehicle will be programmed into the City’s Vehicle Equipment Replacement Fund for future replacement after its useful life. Purchase of John Deere Cab Tractor with Front Loader and Rotary Cutter for CCIA AGENDA MEMORANDUM Action Item for the City Council Meeting of June 29, 2021 PROCUREMENT DETAIL: This procurement is through the BuyBoard Cooperative. Contracts awarded through the BuyBoard Cooperative have been competitively procured in compliance with Texas Local and State procurement requirements. ALTERNATIVES: Alternatives would be to continue use of airport’s existing equipment or to pursue purchase of equipment outside of cooperative programs through a competitive bid process. FISCAL IMPACT: The fiscal impact for FY 2021 is a total amount of $98,094.15 for the purchase of one John Deere cab tractor with front loader and rotary cutter to be funded through the Vehicle Equipment Replacement Fund. FUNDING DETAIL: Fund: 5111 Organization/Activity: 35000 Mission Element: 201 Project # (CIP Only): N/A Account: 550020 RECOMMENDATION: Staff recommends approval of this motion authorizing the purchase of one John Deere cab tractor with front loader and rotary cutter from Deere & Company as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet City of Corpus Christi Price Sheet Sr. Buyer: Minerva Alvarado John Deere Cab Tractor w/ Front Loader Buyboard Contract: 611-20 Item Description Qty Cost Total 1 John Deere 6105E Cab Tractor 1 $66,359.37 $66,359.37 1 John Deere H310 Loader 1 $7,603.75 $7,603.75 1 John Deere M20 Flex wing Rotary Cutter 1 $24,131.03 $24,131.03 $98,094.15Total Deere & Company Cary, NC DATE: June 18, 2021 TO: Peter Zanoni, City Manager THRU: Neiman Young, PhD., Assistant City Manager neimany@cctexas.com (361) 826-3898 FROM: Tracey K. Cantu, Interim Director Neighborhood Services Department traceyc@cctexas.com (361) 826-3021 CAPTION: Resolution revising the Infill Housing Incentive Program Guidelines as authorized by Article II, Chapter 20 of the City of Corpus Christi Code of Ordinances; and authorizing a two-year agreement with the Corpus Christi B Corporation to provide Type B affordable housing funding in the amount of $1,250,000 for costs related to the Infill Housing Incentive Program.. SUMMARY: The resolution revises the Infill Housing Incentive Program (IHIP) guidelines. Changes to the guidelines include reimbursing eligible expenses for investors in affordable housing, revising the sales price criteria to reflect modern market prices for home sales, and defining income qualification requirements for homebuyers. BACKGROUND AND FINDINGS: On December 15, 2015, City Council approved Ordinance 030722 amending the Code of Ordinances to include Chapter 20, Housing, Article I In General and Article II Infill Housing Incentive Program. The articles are intended to assist in the development of abandoned and/or nonconforming vacant lots where street and utility infrastructure already exist s in the city; to expand the local tax base; to increase the City’s inventory of affordable housing; and to revitalize existing neighborhoods. AGENDA MEMORANDUM Action Item for the City Council Meeting of June 29, 2021 Resolution Revising the Infill Housing Incentive Program Guidelines The IHIP guidelines, as adopted in 2015, does not currently maintain adequate incentives for homebuilders to participate in the City’s vision for more affordable housing. This is due to the fact that the current policy’s restrictions on sales price has not kept up with increasing construction costs. Therefore, participating developers would be forced to sell the home at a loss. As revised, the IHIP guidelines change the incentive from a department fee waiver to a reimbursement of up to $25,000. The recommend revisions also expand eligible expenses to include permits, fees, demolition, water/wastewater infrastructure improvements, and infrastructure improvements to the sewer lines and streets. Also, the revision increases the length of time a builder has to complete the home from six to nine months, removes the maximum square footage requirement, increases the allowable sales price to 80% of the area median, restricts homebuyers to those households with incomes at or below 80% of the area median, and sets recapture requirements for the homebuyer. Eligible reimbursements will be funded by the Corpus Christi B Corporation – Type B (Affordable Housing) funding pursuant to a two-year agreement with the Corpus Christi B Corporation. ALTERNATIVES: If the IHIP program guidelines are not revised, the program will continue to go unused. FISCAL IMPACT: None Funding Detail: Fund: NA Organization/Activity: NA Mission Element: NA Project # (CIP Only): NA Account: NA RECOMMENDATION: City staff recommends approval of the Resolution revising the Infill Housing Incentive Program Guidelines. LIST OF SUPPORTING DOCUMENTS: Resolution Program Guidelines Agreement PowerPoint Presentation Map of Community Development Block Grant block groups Page 1 of 2 Resolution revising the Infill Housing Incentive Program Guidelines as authorized by Article II, Chapter 20 of the City of Corpus Christi Code of Ordinances; and authorizing a two-year agreement with the Corpus Christi B Corporation to provide Type B affordable housing funding in the amount of $1,250,000 for costs related to the Infill Housing Incentive Program . WHEREAS, on December 15, 2015, the City Council enacted Articles I and II, Chapter 20 of the Code of Ordinances which established definitions and parameters for an Infill Housing Incentive Program for the City of Corpus Christi; WHEREAS, the IHIP has not been as successful as the City anticipated and city staff was directed to meet with local homebuilders to determine what changes could be made to the IHIP program guidelines to increase home builder participation; WHEREAS, Article II, Chapter 20 of the City Code authorizes the City Council to amend the Infill Housing Incentive Program (“IHIP”) Guidelines by Resolution; and WHEREAS, city staff and management have developed amended Infill Housing Incentive Program Guidelines for the IHIP for City Council consideration which are attached hereto as Exhibit “A.” 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 Council hereby adopts the amended Infill Housing Incentive Program Guidelines attached hereto and incorporated herein as Exhibit “A” in accordance with Article II, Chapter 20 of the City Code of Ordinances. Section 3. The City Manager, or designee, is authorized to execute all documents necessary for a two-year agreement with the Corpus Christi B Corporation to provide Type B affordable housing funding in the amount of $1,250,000 for costs related to that Infill Housing Incentive Program. Page 2 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 Infill Housing Incentive Program June 18, 2021 Page 1 City of Corpus Christi Infill Housing Incentive Program (IHIP) Program Guidelines Table of Contents Table of Contents .............................................................................................................................................. 1 1. Purpose ........................................................................................................................................................ 2 2. Benefits ........................................................................................................................................................ 2 3. Definitions .................................................................................................................................................... 2 4. Eligibility Criteria ........................................................................................................................................... 2 5. Incentives ..................................................................................................................................................... 3 6. Sale of City Owned Lots by Bid ..................................................................................................................... 3 7. Department Responsibilities ........................................................................................................................ 3 8. Other Conditions ........................................................................................................................................... 4 Infill Housing Incentive Program June 18, 2021 Page 2 City of Corpus C hristi Infill Housing Incentive Program (IHIP) Guidelines 1. Purpose The purpose of the Corpus Christi Infill Housing Incentive Program (IHIP) is to promote and encourage new home construction for sale to low-income homebuyers through reimbursement of fees and other limited construction costs. This program applies to targeted low- to moderate-income areas where existing street and utility infrastructure is available. 2. Benefits a. Increases homeownership opportunities for low-income buyers b. Revitalizes existing neighborhoods c. Adds to the assessed value rolls, increasing future City property tax revenue d. Improves maintenance of properties and potentially reduces crime e. Reduces Code Enforcement abatement expense 3. Definitions “Infill lot” or “infill housing” is the insertion of additional housing units into an already approved subdivision or neighborhood. Specifically for this Infill Housing Incentive Program, this means the construction of new residential housing units built onsite on a vacant lot or built on two non-conforming lots by re-platting through an administrative plat to remo ve the lot line, in Community Development Block Grant (CDBG) designated areas within the City of Corpus Christi. 4. Eligibility Criteria a. Homes constructed must be within the City’s CDBG designated areas. b. Must meet the def inition of inf ill lots. c. Must be in one of the following single-family residential zones: • RS-15, RS-10, RS-6 and RS-4.5 (see Unified Development Code for definitions). d. Must not be in an airport overflight zone or the Navy’s Air Installations Compatible Use Zones (AICUZ), which includes the Accident Potential Zones (APZ) and Clear Zones. e. Home construction must begin within 120 days of being notified that the funding reservation is granted. f. Home construction must be completed and receive Certificate of Occupancy within nine months of construction start date. 1) Must meet all building standards and Unif ied Development Code requirements. 2) Must result in a newly constructed, on-site, single family home with finished floor plan of 900 square feet minimum. g. No mobile homes, no prebuilt homes moved onto the site. 1) W ill be subject to all permit requirements. 2) Sales price and finished home value of $80,000 minimum not to exceed 80% of the area median sales price as determined by 42 U.S.C. Section 12745 adjusted annually. h. Home must be sold to a household with income at or below 80% of the area median. Infill Housing Incentive Program June 18, 2021 Page 3 5. Incentives a. After the sale of the property to the homebuyer, the builder may receive reimbursement of fees paid to the City and limited construction expenses, not to exceed $25,000. Reimbursable fees and expenses may include those for building permits, platting, zoning, taps, demolition, water/wastewater infrastructure, and required alley or street improvements. b. Builders will be able to reserve funds by submitting their business information such as name and contact information, the lot address, ownership status, funding request projected completion schedule and projected sales price. To receive reimbursement after the home sells, the developer will submit proof that all permits have closed, the sales contract/closing documents showing that the sales price and completed value don’t exceed the maximum limit and proof of eligible expenses. The Department will verify the buyer’s income level and if all qualifications are met, the Department will then process the reimbursement. c. Commitments made to any one Builder will not exceed five homes at any one time. d. Commitments may be released if Builders do not meet the construction start and completion time requirements. 6. Sale of City Owned Lots by Bid a. Selected city owned infill lots will be advertised and sold for fair market value through a sealed bid process in accordance with V.T.C.A., Local Government Code § 272.001. b. Bids must confirm to the bid procedures and specifications set forth in the published notice of sale. c. Infill lots will be awarded to the highest bidder. However, the city reserves the right to accept a bid that is lower than the highest bid received if the highest bidder does not meet the criteria of subsection 20-5(b) and the city has determined that a lower bid provides the best benefit for the taxpayers of the city. d. If the city accepts a bid that is lower than the highest bid received, as described above, then such bid will be deemed the fair market value of the property. e. Bidder awarded the infill lot will comply with all requirements specified in the program guidelines. 7. Department Responsibilities a. Executive/Management will: 1) Establish program objectives and develop implementation procedures. 2) Report to City Council the results of the program on at least an annual basis. b. Neighborhood Services Department will: 1) Manage the overall program to meet housing needs of the community. 2) Update website information about this program including the names of builders, the lots for which funds have been provided and reservations made, map of CDBG low-to moderate-income block groups, funds’ reservation application and maximum sales price limit. 3) Confirm Builders eligibility f or program. 3) Income certify homebuyers prior to sale. 4) Educate realtors and lenders on program availability. 5) Promote program to interested buyers. 5) Enforce recapture provisions. • Homebuyers will be required to repay subsidy through net proceeds upon transfer of Infill Housing Incentive Program June 18, 2021 Page 4 the property to a subsequent owner or if the home ceases to be their primary residence. Transfer of the property through inheritance without repayment is allowable if the new homeowner is low-income and accepts full repayment terms upon subsequent transfer of ownership. 8. Other Conditions a. This program will be monitored and assessed for viability and may be discontinued at the discretion of the City of Corpus Christi. b. The City will comply with the Tax Code Sec 34.051 Resale by taxing unit for the purpose of urban development. AGREEMENT BETWEEN CORPUS CHRISTI B CORPORATION AND CITY OF CORPUS CHRISTI FOR INFILL AFFORDABLE HOUSING PROGRAM This Agreement for the Infill Affordable Housing Program (“Agreement”) is entered into between the Corpus Christi B Corporation (“Corporation”) and the City of Corpus Christi (“City”), a Texas home rule municipality. WHEREAS, the Texas Legislature in Chapter 501 et seq. of the Local Government Code (Development Corporation Act of 1979) (the “Act”) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 8, 2016, residents of the City passed Prop osition 1, Adopt Type B Sales Tax to Replace Expiring Portion of Type A Sales Tax, which authorized the adoption of a sales and use tax to be administered by a Type B Corporation at the rate of one -eighth of one percent to be imposed for 20 years with use of the proceeds for (1) 50% to the promotion and development of new and expanded enterprises to the full extent allowed by Texas law, (2) $500,000 annually for affordable housing, and (3) the balance of the proceeds for the construction, maintenance and re pair of arterial and collector streets and roads; WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 1 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2018, to be administered by the Corpus Christi B Corporation Board (the “Board”); WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, the Board wishes to fund affordable housing projects in an effective manner; WHEREAS, the City through its Neighborhood Services Department (“Department”) manages several programs to assist eligible citizens with affordable housing; WHEREAS, the City is willing to provide the services that the Board wishes to fund; WHEREAS, the Board has determined that it is in the best interests of the residents of the City that the City be awarded affordable housing funds, by execution of this Agreement, to accomplish the affordable housing project described in Exhibit “A” of this Agreement (“Project”); In consideration of the covenants, promises, and conditions stated in this Agreement, the Corporation and the City agree as follows: 1. Agreement to Provide Affordable Housing Services. This Agreement between the Corporation and the City is executed to implement the promotion and development of an affordable housing project described in Exhibit “A” and incorporated in this Agreement by reference. The parties have approved this Agreement in an amount not to exceed $1,250,000.00, which includes reimbursement to the City for staff time in implementing the Project. funds provided under this agreement may not be used for any other projects or to reimburse the City for any staff time which is unrelated to this Project. Any funds not used for the implementation of the Project will be returned to the Corporation. 2. Annual Updates. At the Board’s meeting following the end of each fiscal year, the Director of the Department, or designee, will present an update on the Project to the Board. 3. Effective Date. The effective date of this Program Agreement is the date on which the Agreement is approved by both the City Council and the Board and executed by both parties. 4. Term. The term of this Agreement is two years beginning on the Effective Date, unless extended by the Parties in writing. 5. Termination. Either party may terminate this Agreement by giving at least 30 days' written notice to the other of its intent to terminate. In the event of such termination, the City will be entitled to reimbursement for any staff time spent implementing the Project prior to the effective date of the termination. 6. Amendments or Modifications. No amendments or modifications to this Agreement or to the Project may be made, nor any provision waived, unless the amendment or modification is made in writing and signed by persons duly authorized to sign agreements on behalf of all parties. 7. Notices. a. Any required written notices shall be sent, certified mail, return receipt requested, addressed as follows: If to Corporation: Corpus Christi B Corporation Attn: President 1201 Leopard Street Corpus Christi, Texas 78401 If to City: City of Corpus Christi Attn.: Assistant Director Neighborhood Services P.O. Box 9277 Corpus Christi, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 8. Relationship of Parties. In performing this Agreement, the Corporation and the City shall act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint- venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. CORPUS CHRISTI B CORPORATION CITY OF CORPUS CHRISTI Scott Harris Neiman C. Young, Ph.D. President Assistant City Manager Date: Date: ATTEST: Rebecca Huerta City Secretary Date: APPROVED AS TO FORM: Aimee Alcorn-Reed Assistant City Attorney EXHIBIT A – PROJECT DESCRIPTION DATE: May 28, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 CAPTION: Zoning Case No. 0521-02, Terry J. Cox (District 4). Ordinance zoning a property located at or near 15022 Leeward Drive from the “RM-AT/IO” Multifamily AT District with the Island Overlay to the “RM-AT/IO/PUD” Multifamily AT District with the Island Overlay and a Planned Unit Development SUMMARY: The purpose of the rezoning request is to allow for the construction of a 6-unit townhome development. BACKGROUND AND FINDINGS: The subject property totals “RM-AT/IO” Multifamily AT District with the Island Overlay and has remained undeveloped since annexation in 1981. To the north, south, and east are townhouse and multifamily developments zoned “RM-AT/IO” Multifamily AT District with the Island Overlay. To the west is vacant a property zoned “CR-2/IO” Resort Commercial District with the Island Overlay and several townhome style developments zoned “RM-AT/IO/PUD” Multifamily AT District with the Island Overlay and a Planned Unit Development. Conformity to City Policy The subject property is located within the boundaries of Padre/Mustang Island 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 adjacent properties. Surrounding properties have been rezoned over the past decades indicating a pattern towards high density residential townhouse and condominium development. The zoning pattern is in line with a Plan CC policy statement of creating urban villages and accommodating continuous growth. The proposed PUD will allow Daily Weekly, and Monthly rentals. The current “RM-AT/IO” Multifamily AT District with the Island Overlay allows this use today. Infill development should be encouraged at this site. PUDs allow flexibility for attractive, efficient design and can often reduce infrastructure installation and maintenance costs to the city. PUDs can encourage development on difficult sites. Additionally, PUDs are encouraged in the Rezoning a property at or near 15022 Leeward Drive AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 06/29/21 Second Reading Ordinance for the City Council Meeting 07/20/21 Mustang/Padre Island ADP. Public Input Process Number of Notices Mailed 136 within 200-foot notification area 5 outside notification area As of May 28, 2021: In Favor 0 inside notification area 0 outside notification area In Opposition 0 inside notification area 0 outside notification area Totaling 0.00% of the 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 “RM-AT/IO” Multifamily AT District with the Island Overlay to the “RM-AT/IO/PUD” Multifamily AT District with the Island Overlay and a Planned Unit Development. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: The Planning Commission recommended approval of the zoning to the “RM-AT/IO” Multifamily AT District with the Island Overlay to the “RM-AT/IO/PUD” Multifamily AT District with the Island Overlay and a Planned Unit Development on May 26, 2021. Vote Count: For: 8 Opposed: 0 Absent: 1 Abstained: 0 Staff recommends approval of the zoning request. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0521-02, Terry J. Cox (District 4). Ordinance zoning a property located at or near 15022 Leeward Drive from the “RM-AT/IO” Multifamily AT District with the Island Overlay to the “RM-AT/IO/PUD” Multifamily AT District with the Island Overlay and a Planned Unit Development WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to 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 19, Block 46, Section B, Padre Island as shown in Exhibit “A”: “RM-AT/IO” Multifamily AT District with the Island Overlay to the “RM-AT/IO/PUD” Multifamily AT District with the Island Overlay and a Planned Unit Development The subject property is located at or near 15022 Leeward Drive. Exhibit A, which is a map of the subject property and Exhibit B, which is a copy of The Leeward Bay Planned Unit Development (PUD) Guidelines and Master Site Plan attached to and incorporated in this ordinance. SECTION 2. The Planned Unit Development Overlay granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with Leeward Bay Planned Unit Development Page 2 of 4 (PUD) Guidelines and Master Site Plan and the satisfaction of all Technical Review Committee (TRC) requirements. 2. Pedestrian Access: Sidewalks shall be provided along the frontage of the subject property shared with Leeward Drive in accordance with the Unified Development Code (UDC). 3. Solid Waste: The solid waste collection point must be easily accessible by City personnel from Leeward Drive by a solid waste vehicle. 4. Landscape: The vehicular use area shall be screened by landscaping in accordance with Section 7.3.11 of the UDC. This may require the removal of parking spaces along Leeward Drive to incorporate landscaping and navigability. 5. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 6. Time Limit: An approved development plan shall expire 24 months after the date that the development plan was approved, unless a complete building permit application has been submitted or, if no building permit is required, a certificate of occupancy has been issued. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City’s Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. This ordinance shall become effective upon publication. Page 3 of 4 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 4 Exhibit A LEEWARD BAY PLANNED UNIT DEVELOPMENT (PUD) Page 2 CONTENTS DEVELOPMENT DESCRIPTION ................................................................................................................................... 3 DEVELOPMENT LOCATION MAP ............................................................................................................................... 3 ADJACENT LAND USE AND ZONING ........................................................................................................................... 3 LOT LAYOUT .......................................................................................................................................................... 4 DEVELOPMENT DEVIATIONS .................................................................................................................................... 5 DEVELOPMENT GUIDELINES ..................................................................................................................................... 5 OPEN SPACE LAYOUT .............................................................................................................................................. 7 VEHICULAR AND PEDESTRIAN ACCESS ....................................................................................................................... 8 PARKING REQUIREMENTS ........................................................................................................................................ 8 TYPICAL CROSS SECTION ......................................................................................................................................... 9 LEEWARD BAY PLANNED UNIT DEVELOPMENT (PUD) Page 3 DEVELOPMENT DESCRIPTION Leeward Bay, P.U.D., consists of a residential development on 0.52 acres on Padre Island (Lot 19, Block 46, Padre Island-Corpus Christi Section B, of Volume 34, Pages 15 - 16 M.R.N.C.T.). The development is a planned community that will consist of 6 single-family lots and 2 common area lots. The property currently is vacant land and zoned Multifamily Apartment Tourist/Island Overlay (RM-AT/IO). The City of Corpus Christi Future Land Use Plan designates the area as mixed use. The proposed zoning is RM-AT/IO/PUD. The proposed density will be 12 units per acre. DEVELOPMENT LOCATION MAP ADJACENT LAND USE AND ZONING The following table indicates the Adjacent Land Use and Zoning at the time of the PUD: CURRENT LAND USE ZONING North of Property High Density Residential (Condominiums) RM-AT/IO South of Property High Density Residential (Townhouse) RM-AT/IO East of Property Hotel RM-AT/IO West of Property Vacant CR-2/IO Development Location Park Rd. 22 N Bing Maps Imagery Year: 2020 LEEWARD BAY PLANNED UNIT DEVELOPMENT (PUD) Page 4 LOT LAYOUT The following is the Lot Layout for the development: · 6 SINGLE-FAMILY LOTS · 2 COMMON AREA LOTS (LOT 7 IS NON-BUILDABLE) LEEWARD BAY PLANNED UNIT DEVELOPMENT (PUD) Page 5 DEVELOPMENT DEVIATIONS The following table indicates the Development Deviations for the Residential Lots: DESCRIPTION UDC- ZONING/PLATTING ORDINANCE REQUIREMENTS (RM-AT) PUD REQUIREMENTS Lot Area in Square Feet Minimum = 5,000 Maximum = N/A Minimum = 1,100 Maximum = N/A Lot Width at Front Yard Requirement Line in Feet Minimum = 50’ Maximum = N/A Minimum = 27’ Maximum = N/A Right-of-way / Access Easement 50 feet Minimum = 24 feet Pavement Width in Feet Minimum = 28’ Minimum = 24’ Yard Requirements (Minimum in Feet) Street – Non-Corner 20’ 5’ Street – Corner 10’ N/A Side – Single 5’ 0 Side – Total 0 0 Rear 5’ 5’ Open Space 25% 25% Curb Type Standard 6” Curb and Gutter 1’ Edge Curb Sidewalk 5’ width on both sides 6’ sidewalk on one side of private access drive Parking Spaces 2 per Unit = 10 2 per Unit = 10 Parking Guest Spaces 1 per 5 Units = 2 1 per 5 Units = 2 The following table indicates the Development Deviations for the Common Area Lots: DESCRIPTION UDC- OPEN AREA PUD REQUIREMENTS Parking requirement per Parks and Open Area in Square Feet 1 per 10,000 SF outdoor lot area = 1 1 per 10,000 SF* = 1 * – The development is designed to be walkable and the common areas are intended for the residences only. DEVELOPMENT GUIDELINES The following tables indicate the Development Guidelines for each lot type within the development: DEVELOPMENT LOTS DESCRIPTION BLOCK NUMBER LOT NUMBERS Residential Lot(s) 1 1-6 Common Area and Access Easement Lot(s) 1 7-8 LEEWARD BAY PLANNED UNIT DEVELOPMENT (PUD) Page 6 RESIDENTIAL LOTS DESCRIPTION REQUIREMENTS Usage Residential Open Space- Percent Minimum 25% Building Height – Maximum in Feet UDC 4.2.8 Building Spacing – Minimum in Feet 0 Parking Requirement Per Unit 2 Maintenance Lot Owner and/or Home Owners Association (HOA) Improvements Allowed Residential structure(s) and support structure(s) including decks, porches, pavements, fencing, landscaping, etc. Improvements Placement Shall not protrude into the yard or easement(s), or beyond the property line (whichever is applicable) except for pavements, fencing, and landscaping. Rental Daily, weekly, and monthly rentals are allowed COMMON AREA LOTS DESCRIPTION REQUIREMENTS Usage Non-Residential Structures and improvements supporting the Community Lot Area in Square Feet Minimum = N/A Maximum = N/A Lot Width at Front in Feet Minimum = N/A Maximum = N/A Yard Requirements (Minimum in Feet) Street – Non-Corner 5’ * Street – Corner N/A Side – Single 5’ Side – Total 5’ Rear 5’ Building Height – Maximum in Feet 2-story Building Spacing – Minimum in Feet As per International Building Code Landscape Requirement Will be determined during building permitting. Maintenance Home Owners Association (HOA) Improvements Allowed Community structures and support structures including decks, pool, porches, pavements, fencing, landscaping, utilities, etc. Improvements Placement Shall not protrude into the yard or easement(s), or beyond the property line (whichever is applicable) except for pavements, fencing, landscaping, utilities. * – Yard requirement is for Block 1, Lot 8 only. LEEWARD BAY PLANNED UNIT DEVELOPMENT (PUD) Page 7 OPEN SPACE LAYOUT The following is the Open Space Layout for the development: OPEN SPACE CALCULATION QUANTITY (SQUARE FEET) QUANTITY (ACRE) Total Area of PUD 22,500 0.52 Total Non-Open Space (Impervious Area) 1,2,3 15,202 0.35 67% Total Open Space (Pervious Area) 4 7,298 0.17 33% 1 Constructed building area 2 Driveway area 3 Area of all Pavement and Sidewalk 4 Minimum Open Space required is 25% LEEWARD BAY PLANNED UNIT DEVELOPMENT (PUD) Page 8 VEHICULAR AND PEDESTRIAN ACCESS The Vehicular and Pedestrian Access for the development is indicated below. The entrance into the development will provide a 24-foot clear entrance/exit for emergency vehicles. The private drive within the development will be a minimum of 24’ wide from back-of-curb to back-of-curb. The development will provide 6’ sidewalk on one side of the road to promote walkability and access to future amenities as indicated. PARKING REQUIREMENTS The following is the Parking Requirements for the development: LOT TYPE REQUIREMENTS QUANTITY OF LOTS QUANTITY OF PARKING PROVIDED (PUD) Residential 1 2 per unit 6 13 Residential - Guest Parking 1 1 per 5 units 6 3 Common Area 1 per 10,000 SF 1 1 Total: 17 1 – Parking anywhere within the limits of the development. LEEWARD BAY PLANNED UNIT DEVELOPMENT (PUD) Page 9 TYPICAL CROSS SECTION The following are Typical Cross Section for the development: NOTE: The Right of Way is a Private Access Easement and Private Utility Easement. Cross Section A E SSE SSE SSE SSE SS17 @ 9' = 153'-0"24'-0" 9'-0"E WE WE WE WE WLEEWARD DRIVE (100' R.O.W.)PROPOSED TAPPING SADDLE (6" BY 6"). PUBLIC WATER METER BANK - 8 METERS OF 3 /4" ON A 2" TAP (6 UNITS, 1 IRRIGATION & 1 POOL HOUSE/BATHROOM) EXISTING FIRE HYDRANT PROPOSED ROAD REPAIR IF NECESSARY (2' WIDE) DUMPSTER AREA PROPOSED SS CLEANOUT (PRIVATE)PROPOSED 6" PVC SS (PRIVATE) @ 0.50% PROPOSED SS MANHOLE (PUBLIC) R=10' PROPOSED TRANSITIONAL CURB EXISTING 6" WATER (ACP) PROPOSED 1' EDGE CURB' 6' SIDEWALK PERGOLA AREA EXISTING OVERHEAD ELECTRICAL LINE EXISTING 8" WASTEWATER (CLAY) POOL AREA 1 1,632 SFT 3 1,377 SFT 4 1,377 SFT 5 1,377 SFT 8 5,800 SFT 2 1,377 SFT 7 8,183 SFT 6 1,377 SFT 5' YR 10' YR/UE (PRIVATE)5' YR/UE5' YR5' YR 5' YR/UE (PRIVATE) 1 292' HOSE LAY INTERIM REVIEW NOT FOR CONSTRUCTION, BIDDING OR PERMIT PURPOSES DATE: LIC: Craig B. Thompson, P.E. 89496 04/14/2021 Corpus Christi, Texas 78411Hanson Professional Services Inc.4501 Gollihar Rd.OF SHEETAPR 14, 2021 8:40 AM TORRE02031I:\20JOBS\20I0214\CAD\SITE\MODEL\PUD\MASTER SITE PLAN.DWGREVREVISIONDATEDRAWNDESIGNEDREVIEWEDCopyright Hanson Professional Services Inc. 2021TBPE F-417 / TBPLS F-10039500SCALE: AS SHOWNDATE: APRIL 14, 2021HANSON NO. 20I0214FILENAME:LAYOUTDRAWNREVIEWEDTBPG F-50556 / TBAE F-BR 24581 TERRY COXMTGMTGCBTEXISTING FIRE HYDRANT LEGEND PROPERTY BOUNDARY LINE UTILITY EASEMENT - UE YARD REQUIREMENT - YR IRON ROD FOUND ROAD CENTERLINE - ℄ BLOCK SYMBOL1 MAP RECORDSM.R. IRON ROD SET PROPERTY LOT LINE EXISTING WATERE W E SS EXISTING WASTE WATER EXISTING OVERHEAD ELECTRIC PROPOSED ROAD REPAIR FIRE HYDRANT HOSE LAY PROPOSED GRASS AREA PROPOSED CONCRETE PROPOSED EDGE CURB PROPOSED WATER PROPOSED BUILDING APPROX. LOCATION PROPOSED SANITARY SEWER (PRIVATE) PROPOSED SANITARY SEWER CLEANOUT (PRIVATE) PROPOSED SANITARY SEWER SINGLE SERVICE CONNECTION PROPOSED SANITARY SEWER DOUBLE SERVICE CONNECTION PROPOSED WASTE WATER MANHOLE (PUBLIC) N S E W LEEWARD BAY, P.U.D.CORPUS CHRISTI, TEXAS1 MASTER SITE PLANC-1MASTER SITE PLAN PLANNING COMMISSION FINAL REPORT Case No. 0521-02 INFOR No. Planning Commission Hearing Date: May 26, 2021 Applicant & Legal Description Owner: Terry J. Cox Applicant: Hanson Professional Services, Inc. Location Address: 15022 Leeward Drive Legal Description: Lot 19, Block 46, Section B, Padre Island, located east side of Leeward Drive, south of St. Augustine Avenue, and north of Aruba Drive. Zoning Request From: “RM-AT/IO” Multifamily AT District with the Island Overlay To: “RM-AT/IO/PUD” Multifamily AT District with the Island Overlay and a Planned Unit Development Area: 0.52 acres Purpose of Request: To develop a 6-unit townhome development. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site “RM-AT/IO” Multifamily AT District with the Island Overlay Vacant Mixed Use North “RM-AT/IO” Multifamily AT District with the Island Overlay Medium Density Residential Mixed Use South “RM-AT/IO” Multifamily AT District with the Island Overlay Medium Density Residential Mixed Use East “RM-AT/IO” Multifamily AT District with the Island Overlay Commercial Mixed Use West “CR-2” Resort Commercial with the Island Overlay District Vacant Mixed Use ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Padre/Mustang Island Area Development Plan and is planned for a mixed use. The proposed rezoning to the “RM-AT/IO/PUD” Multifamily AT District with the Island Overlay and a Planned Unit Development is consistent with the adopted Future Land Use Map which calls for mixed uses. City Council District: 4 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 100 feet of street frontage along Leeward Drive which is designated as an “C1” Minor Collector Street. According to the Urban Transportation Plan, “C1” Minor Collector Streets can convey a capacity between 1,000 and 3,000 Average Daily Trips (ADT). Staff Report Page 2 Street R.O.W Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Leeward Drive “C1” Minor Collector 60’ ROW 40’ paved 100’ ROW 57’ paved 1280 ADT (2012) Staff Summary: Development Plan: The subject property is a total of 0.52 acres in size. The Leeward Bay Planned Unit Development (PUD) is a planned community that will consist of 6 single- family townhouse lots and 2 common area lots. The development will be townhouse style, walkable, and community oriented with residential lots having easy access to a common area and units sharing a common parking lot. Additional information may be found in the PUD documents. Minimum Dimensions “RM-AT” District Standards “RS-TH” District Standards Proposed PUD (TRC Reviewed) Deviation Lot Area 5,000 sf. 1,600 sf. 1,100 sf. Yes Minimum Lot Width 50 ft. 16 ft. 27 ft. Yes Street Yard 20 ft. 10 ft. 5 ft. Yes Street Yard (Corner) 10 ft. 10 ft. N/A Yes Side Yard 5 ft. 0 ft. 0 ft. No Rear Yard 5 ft. 5 ft. 5 ft. No Parking Requirement 1.5/ unit(1 bedroom) 2/ unit (2 bedroom) 1/5 units (guests) 1.5/ unit(1 bedroom) 2/ unit (2 bedroom) 1/5 units (guests) 1.5/ unit(1 bedroom) 2/ unit (2 bedroom) 1/5 units (guests) No Sidewalks 5 ft. both sides 5 ft. both sides 6 ft. on one side Yes Curb Type 6 in. curb & gutter 6 in. curb & gutter 1’ Edge Curb Yes Rental Time Under and over 30- day rentals Minimum 30-day rentals Daily, Monthly, and Yearly rentals Yes Existing Land Uses & Zoning: The subject property is currently zoned “RM-AT/IO” Multifamily AT District with the Island Overlay and has remained undeveloped since annexation in 1981. To the north, south, and east are townhouse and multifamily developments zoned “RM-AT/IO” Multifamily AT District with the Island Overlay. To the west is vacant a property zoned “CR-2/IO” Resort Commercial District with the Island Overlay and several townhome style developments zoned “RM-AT/IO/PUD” Multifamily AT District with the Island Overlay and a Planned Unit Development. AICUZ: The subject property is not located in one of the Navy’s Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. Utilities: Staff Report Page 3 Water: 6-inch ACP line located along Leeward Drive. Wastewater: 8-inch Clay line located along Leeward Drive. Gas: 2-inch line located along Leeward Drive. Storm Water: Curb inlet located 150 feet south along Leeward Drive Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Padre/Mustang Island Area Development Plan (ADP). The proposed rezoning to the “RM-AT/IO/PUD” Multifamily AT District with the Island Overlay and a Planned Unit Development is consistent with the adopted with the Padre/Mustang Island ADP. The proposed rezoning is also consistent with the following policies of the Comprehensive Plan: • 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). • Tourist-oriented business and development will continue to be encouraged and promoted by all agencies of the City as illustrated on the Future Land Use Map. This includes commercial ventures, condominiums and resorts, fishing and outdoor recreation facilities, and recreational vehicle parks (Policy Statement B.2). • The designation of “Mixed Use” in the Future Land Use Plan expresses the City’s desire to mix residential and non-residential uses. (Policy Statement B.10). • The City will pursue affordable housing projects on the island where the City and a developer can reach agreement to provide lots at an affordable price, possibly in combination with developer incentives pertaining to a reduction in lot size, development fees, and or other design or tax incentives. The vehicle for pursuing this type of development would be the City’s Planned Unit Development District in combination with a developer agreement to assure low-income housing. (Mustang- Padre Island Area Development Plan Policy Statement B.18) Department Comments: • The proposed rezoning is consistent with the Future Land Use Map. The proposed rezoning is also compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • Surrounding properties have been rezoned over the past decades indicating a pattern towards high density residential townhouse and condominium development. The zoning pattern is in line with a Plan CC policy statement of creating urban villages and accommodating continuous growth. • The proposed PUD will allow Daily Weekly, and Monthly rentals. The current “RM- AT/IO” Multifamily AT District with the Island Overlay allows this use today. • Infill development should be encouraged at this site. PUDs allow flexibility for attractive, efficient design and can often reduce infrastructure installation and maintenance costs to the city. PUDs can encourage development on difficult sites. Additionally, PUDs are encouraged in the Mustang/Padre Island ADP. Staff Report Page 4 • As part of the rezoning process, all PUDs are reviewed by the Technical Review Committee (TRC). Concerns were raised by members of the TRC in the following areas. o Consistency with the Unified Development Code (UDC). • Specifically, in installation of sidewalks Leeward Drive. o Location of Solid Waste Due to the small size of the townhouse style PUD (6 units) individual trashcan service will be mandatory. The placement of these cans need to be easily accessible from Leeward by a standard Solid Waste vehicle. o Even though the ROW width is 24 feet, but did not create concern, as the lot depth and townhouse placement would not require fire apparatus to enter the property. Planning Commission and Staff Recommendation (May 26, 2021): Approval of the change of zoning from the “RM-AT/IO” Multifamily AT District with the Island Overlay to the “RM-AT/IO/PUD” Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay with the following conditions: 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with Leeward Bay Planned Unit Development (PUD) Guidelines and Master Site Plan and the satisfaction of all Technical Review Committee (TRC) requirements. 2. Pedestrian Access: Sidewalks shall be provided along the frontage of the subject property shared with Leeward Drive in accordance with the Unified Development Code (UDC). 3. Solid Waste: The solid waste collection point must be easily accessible by City personnel from Leeward Drive by a solid waste vehicle. 4. Landscape: The vehicular use area shall be screened by landscaping in accordance with Section 7.3.11 of the UDC. This may require the removal of parking spaces along Leeward Drive to incorporate landscaping and navigability. 5. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 6. Time Limit: An approved development plan shall expire 24 months after the date that the development plan was approved, unless a complete building permit application has been submitted or, if no building permit is required, a certificate of occupancy has been issued. Staff Report Page 5 Public Notification Number of Notices Mailed – 136 within 200-foot notification area 5 outside notification area UAs of May 17, 2021U: In Favor – 0 inside notification area – 0 outside notification area In Opposition – 0 inside notification area – 0 outside notification area Totaling 0.00% of the land within the 200-foot notification area in opposition. *Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom. The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner’s land in square feet / Total square footage of all property in the notification area = Percentage of public opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Planned Unit Development (PUD) Guidelines and Master Site Plan C. Public Comments Received (if any) Staff Report Page 6 LEEWARD BAY PLANNED UNIT DEVELOPMENT (PUD) Page 2 CONTENTS DEVELOPMENT DESCRIPTION ................................................................................................................................... 3 DEVELOPMENT LOCATION MAP ............................................................................................................................... 3 ADJACENT LAND USE AND ZONING ........................................................................................................................... 3 LOT LAYOUT .......................................................................................................................................................... 4 DEVELOPMENT DEVIATIONS .................................................................................................................................... 5 DEVELOPMENT GUIDELINES ..................................................................................................................................... 5 OPEN SPACE LAYOUT .............................................................................................................................................. 7 VEHICULAR AND PEDESTRIAN ACCESS ....................................................................................................................... 8 PARKING REQUIREMENTS ........................................................................................................................................ 8 TYPICAL CROSS SECTION ......................................................................................................................................... 9 LEEWARD BAY PLANNED UNIT DEVELOPMENT (PUD) Page 3 DEVELOPMENT DESCRIPTION Leeward Bay, P.U.D., consists of a residential development on 0.52 acres on Padre Island (Lot 19, Block 46, Padre Island-Corpus Christi Section B, of Volume 34, Pages 15 - 16 M.R.N.C.T.). The development is a planned community that will consist of 6 single-family lots and 2 common area lots. The property currently is vacant land and zoned Multifamily Apartment Tourist/Island Overlay (RM-AT/IO). The City of Corpus Christi Future Land Use Plan designates the area as mixed use. The proposed zoning is RM-AT/IO/PUD. The proposed density will be 12 units per acre. DEVELOPMENT LOCATION MAP ADJACENT LAND USE AND ZONING The following table indicates the Adjacent Land Use and Zoning at the time of the PUD: CURRENT LAND USE ZONING North of Property High Density Residential (Condominiums) RM-AT/IO South of Property High Density Residential (Townhouse) RM-AT/IO East of Property Hotel RM-AT/IO West of Property Vacant CR-2/IO Development Location Park Rd. 22 N Bing Maps Imagery Year: 2020 LEEWARD BAY PLANNED UNIT DEVELOPMENT (PUD) Page 4 LOT LAYOUT The following is the Lot Layout for the development: · 6 SINGLE-FAMILY LOTS · 2 COMMON AREA LOTS (LOT 7 IS NON-BUILDABLE) LEEWARD BAY PLANNED UNIT DEVELOPMENT (PUD) Page 5 DEVELOPMENT DEVIATIONS The following table indicates the Development Deviations for the Residential Lots: DESCRIPTION UDC- ZONING/PLATTING ORDINANCE REQUIREMENTS (RM-AT) PUD REQUIREMENTS Lot Area in Square Feet Minimum = 5,000 Maximum = N/A Minimum = 1,100 Maximum = N/A Lot Width at Front Yard Requirement Line in Feet Minimum = 50’ Maximum = N/A Minimum = 27’ Maximum = N/A Right-of-way / Access Easement 50 feet Minimum = 24 feet Pavement Width in Feet Minimum = 28’ Minimum = 24’ Yard Requirements (Minimum in Feet) Street – Non-Corner 20’ 5’ Street – Corner 10’ N/A Side – Single 5’ 0 Side – Total 0 0 Rear 5’ 5’ Open Space 25% 25% Curb Type Standard 6” Curb and Gutter 1’ Edge Curb Sidewalk 5’ width on both sides 6’ sidewalk on one side of private access drive Parking Spaces 2 per Unit = 10 2 per Unit = 10 Parking Guest Spaces 1 per 5 Units = 2 1 per 5 Units = 2 The following table indicates the Development Deviations for the Common Area Lots: DESCRIPTION UDC- OPEN AREA PUD REQUIREMENTS Parking requirement per Parks and Open Area in Square Feet 1 per 10,000 SF outdoor lot area = 1 1 per 10,000 SF* = 1 * – The development is designed to be walkable and the common areas are intended for the residences only. DEVELOPMENT GUIDELINES The following tables indicate the Development Guidelines for each lot type within the development: DEVELOPMENT LOTS DESCRIPTION BLOCK NUMBER LOT NUMBERS Residential Lot(s) 1 1-6 Common Area and Access Easement Lot(s) 1 7-8 LEEWARD BAY PLANNED UNIT DEVELOPMENT (PUD) Page 6 RESIDENTIAL LOTS DESCRIPTION REQUIREMENTS Usage Residential Open Space- Percent Minimum 25% Building Height – Maximum in Feet UDC 4.2.8 Building Spacing – Minimum in Feet 0 Parking Requirement Per Unit 2 Maintenance Lot Owner and/or Home Owners Association (HOA) Improvements Allowed Residential structure(s) and support structure(s) including decks, porches, pavements, fencing, landscaping, etc. Improvements Placement Shall not protrude into the yard or easement(s), or beyond the property line (whichever is applicable) except for pavements, fencing, and landscaping. Rental Daily, weekly, and monthly rentals are allowed COMMON AREA LOTS DESCRIPTION REQUIREMENTS Usage Non-Residential Structures and improvements supporting the Community Lot Area in Square Feet Minimum = N/A Maximum = N/A Lot Width at Front in Feet Minimum = N/A Maximum = N/A Yard Requirements (Minimum in Feet) Street – Non-Corner 5’ * Street – Corner N/A Side – Single 5’ Side – Total 5’ Rear 5’ Building Height – Maximum in Feet 2-story Building Spacing – Minimum in Feet As per International Building Code Landscape Requirement Will be determined during building permitting. Maintenance Home Owners Association (HOA) Improvements Allowed Community structures and support structures including decks, pool, porches, pavements, fencing, landscaping, utilities, etc. Improvements Placement Shall not protrude into the yard or easement(s), or beyond the property line (whichever is applicable) except for pavements, fencing, landscaping, utilities. * – Yard requirement is for Block 1, Lot 8 only. LEEWARD BAY PLANNED UNIT DEVELOPMENT (PUD) Page 7 OPEN SPACE LAYOUT The following is the Open Space Layout for the development: OPEN SPACE CALCULATION QUANTITY (SQUARE FEET) QUANTITY (ACRE) Total Area of PUD 22,500 0.52 Total Non-Open Space (Impervious Area) 1,2,3 15,202 0.35 67% Total Open Space (Pervious Area) 4 7,298 0.17 33% 1 Constructed building area 2 Driveway area 3 Area of all Pavement and Sidewalk 4 Minimum Open Space required is 25% LEEWARD BAY PLANNED UNIT DEVELOPMENT (PUD) Page 8 VEHICULAR AND PEDESTRIAN ACCESS The Vehicular and Pedestrian Access for the development is indicated below. The entrance into the development will provide a 24-foot clear entrance/exit for emergency vehicles. The private drive within the development will be a minimum of 24’ wide from back-of-curb to back-of-curb. The development will provide 6’ sidewalk on one side of the road to promote walkability and access to future amenities as indicated. PARKING REQUIREMENTS The following is the Parking Requirements for the development: LOT TYPE REQUIREMENTS QUANTITY OF LOTS QUANTITY OF PARKING PROVIDED (PUD) Residential 1 2 per unit 6 13 Residential - Guest Parking 1 1 per 5 units 6 3 Common Area 1 per 10,000 SF 1 1 Total: 17 1 – Parking anywhere within the limits of the development. LEEWARD BAY PLANNED UNIT DEVELOPMENT (PUD) Page 9 TYPICAL CROSS SECTION The following are Typical Cross Section for the development: NOTE: The Right of Way is a Private Access Easement and Private Utility Easement. Cross Section A E SSE SSE SSE SSE SS17 @ 9' = 153'-0"24'-0" 9'-0"E WE WE WE WE WLEEWARD DRIVE (100' R.O.W.)PROPOSED TAPPING SADDLE (6" BY 6"). PUBLIC WATER METER BANK - 8 METERS OF 3 /4" ON A 2" TAP (6 UNITS, 1 IRRIGATION & 1 POOL HOUSE/BATHROOM) EXISTING FIRE HYDRANT PROPOSED ROAD REPAIR IF NECESSARY (2' WIDE) DUMPSTER AREA PROPOSED SS CLEANOUT (PRIVATE)PROPOSED 6" PVC SS (PRIVATE) @ 0.50% PROPOSED SS MANHOLE (PUBLIC) R=10' PROPOSED TRANSITIONAL CURB EXISTING 6" WATER (ACP) PROPOSED 1' EDGE CURB' 6' SIDEWALK PERGOLA AREA EXISTING OVERHEAD ELECTRICAL LINE EXISTING 8" WASTEWATER (CLAY) POOL AREA 1 1,632 SFT 3 1,377 SFT 4 1,377 SFT 5 1,377 SFT 8 5,800 SFT 2 1,377 SFT 7 8,183 SFT 6 1,377 SFT 5' YR 10' YR/UE (PRIVATE)5' YR/UE5' YR5' YR 5' YR/UE (PRIVATE) 1 292' HOSE LAY INTERIM REVIEW NOT FOR CONSTRUCTION, BIDDING OR PERMIT PURPOSES DATE: LIC: Craig B. Thompson, P.E. 89496 04/14/2021 Corpus Christi, Texas 78411Hanson Professional Services Inc.4501 Gollihar Rd.OF SHEETAPR 14, 2021 8:40 AM TORRE02031I:\20JOBS\20I0214\CAD\SITE\MODEL\PUD\MASTER SITE PLAN.DWGREVREVISIONDATEDRAWNDESIGNEDREVIEWEDCopyright Hanson Professional Services Inc. 2021TBPE F-417 / TBPLS F-10039500SCALE: AS SHOWNDATE: APRIL 14, 2021HANSON NO. 20I0214FILENAME:LAYOUTDRAWNREVIEWEDTBPG F-50556 / TBAE F-BR 24581 TERRY COXMTGMTGCBTEXISTING FIRE HYDRANT LEGEND PROPERTY BOUNDARY LINE UTILITY EASEMENT - UE YARD REQUIREMENT - YR IRON ROD FOUND ROAD CENTERLINE - ℄ BLOCK SYMBOL1 MAP RECORDSM.R. IRON ROD SET PROPERTY LOT LINE EXISTING WATERE W E SS EXISTING WASTE WATER EXISTING OVERHEAD ELECTRIC PROPOSED ROAD REPAIR FIRE HYDRANT HOSE LAY PROPOSED GRASS AREA PROPOSED CONCRETE PROPOSED EDGE CURB PROPOSED WATER PROPOSED BUILDING APPROX. LOCATION PROPOSED SANITARY SEWER (PRIVATE) PROPOSED SANITARY SEWER CLEANOUT (PRIVATE) PROPOSED SANITARY SEWER SINGLE SERVICE CONNECTION PROPOSED SANITARY SEWER DOUBLE SERVICE CONNECTION PROPOSED WASTE WATER MANHOLE (PUBLIC) N S E W LEEWARD BAY, P.U.D.CORPUS CHRISTI, TEXAS1 MASTER SITE PLANC-1MASTER SITE PLAN Terry J. Cox Rezoning for a Property at 15022 Leeward Drive From “RM-AT/IO”To “RM-AT/IO/PUD” Zoning Case #0521-02 N City Council June 29, 2021 2 Aerial Overview N 3 Zoning Pattern and Adjacent Development N 4 Public Notification 136 Notices mailed inside 200’ buffer 5 Notices mailed outside 200’ buffer Notification Area Opposed: 0 (0.00%) In Favor: 0 Notified property owner’s land in square feet / Total square footage of all property in the notification area = Percentage of public opposition Separate Opposed Owners: N 5 PUD Deviations Minimum Dimensions “RM-AT” District Standards “RS-TH” District Standards Proposed PUD (TRC Reviewed)Deviation Lot Area 5,000 sf.1,600 sf.1,100 ft.Yes Minimum Lot Width 50 ft.16 ft.27 ft.Yes Front Yard 20 ft.10 ft.5 ft.Yes Front Yard (Corner)10 ft.10 ft.N/A Yes Side Yard 5 ft.0 ft.0 ft.No Rear Yard 5 ft.5 ft.5 ft.No Parking Requirement 1.5/ unit(1 bedroom) 2/ unit (2 bedroom) 1/5 units (guests) 1.5/ unit(1 bedroom) 2/ unit (2 bedroom) 1/5 units (guests) Com: 1:250 sf 1.5/ unit(1 bedroom) 2/ unit (2 bedroom) 1/5 units (guests) No 6 PUD Deviations cont. Minimum Dimensions “RM-AT” District Standards “RS-TH” District Standards Proposed PUD (TRC Reviewed)Deviation Sidewalks 5 ft. both sides 5 ft. both sides 6 ft. on one side Yes Curb Type 6 in. curb & gutter 6 in. curb & gutter 1 ft. edge curb Yes Rental Time Under and over 30-day rentals Minimum 30-day rentals Daily, Monthly, and Yearly rentals Yes Equivalent UDC Local Street Design Standard: UDC Table 8.2.1B, Local Street Type: L-1E 7 Master Site Plan 8 Planning Commission and Staff Recommendation Approval with conditions: 1.Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with The Portside Planned Unit Development (PUD) Guidelines and Master Site Plan and the satisfaction of all Technical Review Committee (TRC) requirements. 2.Pedestrian Access: A sidewalk shall be provided along the frontage of the subject property facing Leeward Drive in accordance with the Unified Development Code (UDC). 3.Solid Waste:The solid waste collection point must be easily accessible by city personnel from Leeward Drive by a solid waste vehicle. 4.Landscape: The vehicular use area shall be screened by landscaping in accordance with Section 7.3.11 of the UDC. This may require the removal of parking spaces along Leeward Drive to incorporate landscaping and navigability. 5.Other Requirements:The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 6.Time Limit: An approved development plan shall expire 12 months after the date that the development plan was approved, unless a complete building permit application has been submitted or, if no building permit is required, a certificate of occupancy has been issued. 9 Existing Land Use Future Land Use Vacant TransportationCommercialMixed Use Land Use N Med. Density Residential 10 UDC Requirements Buffer Yards: RM-AT/PUD to RM-AT: N/A. Setbacks: Street: 20 feet Side: 5 feet Rear: 5 feet Parking: 2 per unit Landscaping, Screening, and Lighting Standards Uses Allowed: Townhouse, Multifamily, Cottage Housing, Group Living, Medical, Park, and Overnight Accommodations. N 11 Utilities Water: 6-inch ACP Wastewater: 8-inch clay line Gas: 2-inch line Storm Water: Roadside Inlet (150’ South) N DATE: May 21, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 CAPTION: Zoning Case No. 0521-03, Nicholas Hallick: (District 4) Ordinance rezoning property at or near 6097 Ennis Joslin Road from the “RS-10” Single-Family 10 District to the “ON” Neighborhood Office District. SUMMARY: The purpose of the rezoning request is to allow for the construction of a 3,000 square foot single- story office building. BACKGROUND AND FINDINGS: The subject property totals 0.40 acres in size and is currently zoned “RS-10” Single-Family 10 District, consists of vacant property, and has remained since annexation in 1944. To the north is a property recently rezoned to the “ON” Neighborhood Office District, vacant properties, and the Lee Alumni Center for Texas A&M University-Corpus Christi zoned “RS-10” Single-Family 10 District. To the south are single-family residences zoned “RS-10” Single-Family 10 District. To the east are wetland properties zoned “RS-6” Single-Family 6 District. To the west, across Ennis Joslin Road, are single-family residences zoned “RS-10” Single-Family 10 District. Conformity to City Policy The subject property is located within the boundaries of the Midtown Area Development Plan and is planned for a low density residential use and warrants a change to the Future Land Use map. 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 adjacent properties. The adjacent properties consist of a vacant lot recently rezoned to the “ON” Neighborhood Office District and to the south and single-family homes. Adjacent properties further to the north consist of the Texas A&M University-Corpus Christi (TAMU-CC) alumni center, a retail shopping center, and a convenience store. The subject property is located along the east side of Ennis Joslin Road at the intersection with Ebonwood Avenue. The intersection is not traffic controlled and is between the intersection of Ocean Drive and South Alameda Streets. If the “ON” Neighborhood Office District is a transitional district and limits the size of retail and restaurant uses. Additionally, the Rezoning a property at or near 6097 Ennis Joslin Road AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 06/29/21 Second Reading Ordinance for the City Council Meeting 07/20/21 “ON” Neighborhood Office does not allow bars, pubs, taverns, or nightclubs. Public Input Process Number of Notices Mailed 13 within 200-foot notification area 4 outside notification area As of May 28, 2021: In Favor 0 inside notification area 0 outside notification area In Opposition 1 inside notification area 0 outside notification area Totaling 4.44% 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 “RS-10” Single-Family 10 District to the “ON” Neighborhood Office District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Planning Commission recommended approval of the zoning to the “RS-10” Single-Family 10 District to the “ON” Neighborhood Office District on May 26, 2021. Vote Count: For: 8 Opposed: 0 Absent: 1 Abstained: 0 Staff recommends approval of the zoning request. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0521-03, Nicholas Hallick: (District 4) Ordinance rezoning property at or near 6097 Ennis Joslin Road from the “RS-10” Single-Family 10 District to the “ON” Neighborhood Office 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 Lot 9, Block 2, Edgewater Terrace, as shown in Exhibit “A”: from the “RS-10” Single-Family 10 District to the “ON” Neighborhood Office District The subject property is located at or near 6097 Ennis Joslin Road. Exhibit A, which is a map of the subject property attached to and incorporated in this ordinance. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City’s Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. Page 2 of 4 SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 3 of 4 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 4 Exhibit A PLANNING COMMISSION FINAL REPORT Case No. 0521-03 INFOR No. 21ZN1015 Planning Commission Hearing Date: May 26, 2021 Applicant & Legal Description Owner: Nicholas Hallick Applicant: 3Pop, LLC. Location Address: 6097 Ennis Joslin Road Legal Description: Lot 9, Block 2, Edgewater Terrace, located along the east side of Ennis Joslin Road, south of Ocean Drive, and north of South Alameda Street. Zoning Request From: “RS-10” Single-Family 10 District To: “ON” Neighborhood Office District Area: 0.40 acres Purpose of Request: To allow for the construction of a 3,000 square foot single-story office building. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site “RS-10” Single-Family 10 District Vacant Low Density Residential North “ON” Neighborhood Office District Vacant Low Density Residential South “RS-10” Single-Family 10 District Low Density Residential Low Density Residential East “RS-6” Single-Family 6 Conservation / Preservation Permanent Open Space West “RS-10” Single-Family 10 Low Density Residential Low and Medium Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Midtown Area Development Plan and is planned for a low-density residential use. The proposed rezoning to the “ON” Neighborhood Office District is consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. City Council District: 4 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 100 feet of street frontage along Ennis Joslin Road which is designated as a “A2” Secondary Arterial Street. According to the Urban Transportation Plan, “A2” Secondary Arterial Streets can convey a capacity between 20,000 and 32,000 Average Daily Trips (ADT). Staff Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Ennis Joslin Road “A2” Secondary Arterial 100’ ROW 54’ paved 100’ ROW 67’ paved 25,489 ADT (2015) Staff Summary: Development Plan: The subject property is 0.40 acres in size. The applicant is proposing a 3,000 square foot single-story office building. The office will serve as the new location of State Farm Insurance agent Jessica Kelly. The insurance office will occupy 1,200 square feet of the propose building. Two 900 square foot office tenant spaces will also be located within the building. All units will have office hours of 8:00 am to 6:00 pm. Existing Land Uses & Zoning: The subject property is currently zoned “RS-10” Single- Family 10 District, consists of vacant land, and has remained since annexation in 1944. To the north is a property recently rezoned to the “ON” Neighborhood Office District, vacant properties, and the Lee Alumni Center for Texas A&M University-Corpus Christi zoned “RS-10” Single-Family 10 District. To the south are single-family residences zoned “RS-10” Single-Family 10 District. To the east are wetland properties zoned “RS-6” Single-Family 6 District. To the west, across Ennis Joslin Road, are single-family residences zoned “RS-10” Single-Family 10 District. AICUZ: The subject property is not located in one of the Navy’s Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. Utilities: Water: 12-inch ACP line located along Ennis Joslin Road. Wastewater: 16-inch PVC line located along Ennis Joslin Road. Gas: 6-inch Service Line located along Ennis Joslin Road. Storm Water: Road inlets located along Ennis Joslin Road. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Midtown Area Development Plan and is planned for a low density residential use. The proposed rezoning to the “ON” Neighborhood Office District 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: • 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). Staff Report Page 3 • Promote interconnected neighborhoods with appropriate transitions between lower-intensity and higher-intensity land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 3). 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 adjacent properties. The adjacent properties consist of a vacant lot recently rezoned to the “ON” Neighborhood Office District and to the south and single-family homes. Adjacent properties further to the north consist of the Texas A&M University-Corpus Christi (TAMU-CC) alumni center, a retail shopping center, and a convenience store. • The subject property is located along the east side of Ennis Joslin Road at the intersection with Ebonwood Avenue. The intersection is not traffic controlled and is between the intersection of Ocean Drive and South Alameda Streets. • If the “ON” Neighborhood Office District is a transitional district and limits the size of retail and restaurant uses. Additionally, the “ON” Neighborhood Office does not allow bars, pubs, taverns, or nightclubs. Planning Commission and Staff Recommendation (May 26, 2021): Approval of the change of zoning from the “RS-10” Single-Family 10 District to the “ON” Neighborhood Office District. Public Notification Number of Notices Mailed – 13 within 200-foot notification area 4 outside notification area As of May 21, 2021: In Favor – 0 inside notification area – 0 outside notification area In Opposition – 1 inside notification area – 0 outside notification area Totaling 4.44% of the land within the 200-foot notification area in opposition. *Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom. The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner’s land in square feet / Total square footage of all property in the notification area = Percentage of public opposition Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) Staff Report Page 4 Nicholas Hallick Rezoning for a Property at 6097 Ennis Joslin Road From “RS-10” To “ON” N City Council June 29, 2021 Zoning Case #0521-03 N 2 Aerial Overview N 3 Zoning Pattern and Adjacent Development N 4 Public Notification 13 Notices mailed inside 200’ buffer 4 Notices mailed outside 200’ buffer Notification Area Opposed: 1 (4.44%) In Favor: 0 Notified property owner’s land in square feet / Total square footage of all property in the notification area = Percentage of public opposition Separate Opposed Owners: 0 X N 5 Planning Commission and Staff Recommendation Approval of the “ON” Neighborhood Office District DATE: June 18, 2021 TO: Peter Zanoni, City Manager THRU : Constance P. Sanchez, Chief Financial Officer FROM: Eddie Houlihan, Director of Management and Budget EddieHo@cctexas.com (361) 826-3792 CAPTION: Resolution amending the Financial Budgetary Policies for Fiscal Year 2021-2022 to address the appropriation of interest in capital improvement funds, appropriation and restriction of revenue in the Community Enrichment Fund, and to provide financial policy direction on preparation of the annual budgets. SUMMARY: The financial budgetary policies for FY 2021-2022 are being recommended for amendment to address two issues: (1) the appropriation of interest in capital improvement funds and (2) the appropriation and restriction of revenue in the Community Enrichment Fund. BACKGROUNDAND FINDINGS: Annually, City staff reviews the financial budgetary polices for direction on preparing the upcoming, annual budget. The financial budgetary policies for FY 2021-2022 are being recommended for amendment to address two items: Section 18 “Capital Improvement Plans/Funding” – This section is being amended to add an phrase to appropriate interest in the capital improvement funds at the beginning of each fiscal year that will then be included in those funds for use on related capital project expenditures. Section 23 “Community Enrichment Fund” – This section is being added to describe revenue and expenditures for community enrichment programs and activities not recorded in the General Fund. This revision will appropriate revenue in the Community Enrichment Fund at the beginning of each fiscal year to be restricted as per current City codes. Any unspent appropriations will be authorized to be carried over from fiscal year to fiscal year in the Community Enrichment Fund. AGEND A MEMORANDUM Action Item for the City Council Meeting of June 29, 2021 Amendment to Financial Budgetary Policies for Fiscal Year (FY) 2021-2022 ALTERNATIVES: An alternative would be to leave the financial budgetary policies as they currently are written. FISCAL IMPACT: There is no fiscal impact for this item. RECOMMENDATION: Staff recommends approval of the resolution approving two revisions to the Financial Budgetary Policies for FY 2021-2022. LIST OF SUPPORTING DOCUMENTS: Resolution - Redline Resolution - Clean RESOLUTION AMENDI NG FINANCIAL BUDGETARY POLICIES ADOPTED BY RESOLUTION 032156031821 AND PROVIDING FINANCIAL POLICY DIRECTION ON PREPARATION OF THE ANNUAL BUDGETS WHEREAS, the City Council adopted a Financial Policy in July 202019 by Resolution 032156031821; and WHEREAS, as a result of this policy, the City achieved its goal for the General Fund balance and desires now to articulate a strategy to maintain a General fund balance and to utilize any surplus balance to provide for enhanced financial stability in future years, and also desires to manage fund balances of the Internal Service Funds, Enterprise Funds, the Combined Utility Reserve Fund, and Debt Service Reserve Funds; and WHEREAS, this policy provides an essential guide to direct financial planning and to maintain and strengthen the City's bond rating; and WHEREAS, it has been the City's practice to reaffirm its financial policy or to adopt a new or modified policy annually in conjunction with preparation of the budget and prior to presenting the Proposed Budget to the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: · The Financial Budgetary Policies adopted by Resolution 032156031821 are amended to read as follows: Section 1. Development I Effective Date of Financial Budgetary Policy. This Financial Budgetary Policy reaffirms and amends the financial policies adopted each year by the City Council since 1997. The City Manager is directed to prepare each annual proposed budget in accordance with this policy. The City Council is prepared to make expenditure reductions that may be necessary to comply with this policy. This Financial Budgetary policy remains in effect and applies to future annual budget preparation processes until amended by City Council resolution. Section 2. Current Revenues /Current Expenditures. General Fund current revenues and funds available from all sources will equal or exceed current expenditures. Section 3. General Fund Balance I Working Capital. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, adequate financial resources will be set aside in the General Fund unassigned fund balance. In the Government Finance Officers Association's (GFOA) "Best Practice for Determining the Appropriate Level of Unrestricted Fund Balance in the General Fund (2015)", GFOA recommends, at a minimum, that general-purpose government, regardless of size, maintain an unrestricted budgetary fund balance in their general fund of no less than two months of regular general fund operating revenues or regular general fund operating expenditures. Accordingly; it is the goal of the City Council to build and maintain a reserve in the General Fund unassigned fund balance which totals at least two months (or approximately 17%) of regular general fund operating expenditures up to 20% of total annual General Fund appropriations, exclusive of any one-time appropriations. At the end of the fiscal year, upon completion of the Comprehensive Annual Financial Report, the amount calculated to be at least two months of regular general fund operating expenditures up to 20% of total annual General Fund appropriations will be Reserved for Major Contingencies and set up in a separate account. The City Manager shall report on the status of compliance with this policy at least annually as part of the budget process. Uncommitted fund balance in excess of the policy requirement may be recommended for expenditure by the City Manager. Finally, it is noted that extraordinary situations may arise in which the timing of external actions out of the City's control may require the use of the unassigned fund balance. The City Manager shall note these situations to the City Council as soon as the information is known. Section 4. Other Committed Fund Balances. 4.1 Internal Service Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain an unassigned reserve in each Internal Service Fund listed below, of up to five percent (5%) of the annual Internal Service Fund appropriations, exclusive of any one-time appropriations. Any amount in excess of five percent (5%) will be returned to the paying Funds or used for one-time expenditures. Subsection 4.1only applies to the Information Technologies Internal Service Fund; Stores Internal Service Fund; Engineering Services Internal Service Fund; Fleet Maintenance Internal Service Fund; and Facilities Maintenance Internal Services Fund. 4.2 Group Health Plans. It is a goal of the City to maintain a fund balance in the group health plans to (1) pay any associated administrative costs and claims run-out based upon the most recent actuarial study in the event the plan ceases or a change in the third- party administrator is made; and to (2) hold a reserve for catastrophic claims equaling 10% of projected medical and prescription claims. 4.3 General Liability Fund. It is a goal of the City to maintain a fund balance in the General Liability Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; (2) to provide additional protection against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average incurred costs of claims experience over the prior five-year period; and (3) to protect against significant cost increases in the fiscal year for purchased insurance coverage premiums equaling 25% of the cost for purchased insurance over the prior year. 4.4 Worker's Compensation Fund. It is a goal of the City to maintain a fund balance in the Worker's Compensation Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; and (2) to protect against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average of incurred costs of claims experience over the prior five-year period. 4.5 Enterprise Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain an unreserved fund balance in each of the Enterprise Funds of a maximum of twenty-five percent (25%) of the annual Enterprise Fund appropriations, exclusive of debt service and any one-time appropriations, and anything over that amount shall be designated for specific purpose(s). Subsection 4.5 only applies to Water, Wastewater, Gas, Stormwater, Airport, and Marina fund balances. 4.6 Debt Service Reserve Fund. The City will strive to maintain a debt service fund balance for bonds, certificates of obligation, tax notes, and other debt instruments of at least two percent (2%) of the annual debt service appropriation(s) for the fiscal year; provided, however, this requirement shall comply with the provision of Treasury Regulation 1.148-2(f) which limits the amount of reserve funds that may secure the payment of debt service on bonds. Section 5. Liabilities for Other Post-Employment Benefits, Accrued Compensated Absences and Net Pension Liability. For financial reporting purposes, the City will record liabilities for Other Post-Employment Benefits, Accrued Compensated Absences and Net Pension Liability according to guidance of the Governmental Accounting Standards Board. These liabilities will be funded on a pay-as-you-go basis, and thus will not be included in the minimum fund balances of the affected funds. Section 6. Property Tax Rate for Operations and Maintenance. Each proposed annual budget shall be prepared assuming that the City will be adopting a tax rate necessary to be in compliance with Section 2 above. Full consideration will be given to achieving the "no new-revenue maintenance and operations tax rate" for maintenance and operations when assessed property values decrease, and full consideration will be given to maintaining the current tax rate when assessed properties values increase, as long as the tax rate does not exceed the "voter approval tax rate" (which is the rate that allows the City to raise the same amount of maintenance and operation revenue raised in the prior year, excluding new property, with a 3.5% increase.) Section 7. Funding Level from General Fund for Street Maintenance. The General Fund will contribute the higher of 6% of General Fund revenue less grants, industrial district revenue and any transfer to Residential Streets or $10,818,730 for Street Maintenance. In addition, the City must include 5% of industrial district revenue in the Street Maintenance Fund. Section 8. Funding Level from General Fund for Residential Street Reconstruction Fund. In order to develop a long-term funding mechanism for capital improvements related to residential/local streets, implement the following: 1. The City must include 5% of industrial district revenue in the Residential Street Reconstruction Fund. 2. In Fiscal Year 2020-2021, transfer 1/3 of one percent of the General Fund revenue less: • Grants • Industrial District revenue, and • Any General Fund transfer to the Residential Street Reconstruction Fund (i.e. four cents of the property tax rate) 3. In Fiscal Year 2021-2022, transfer 2/3 of one percent of the General Fund revenues less: • Grants • Industrial District revenue, and • Any General Fund revenue to the Residential Street Reconstruction Fund 4. In Fiscal Year 2022-2023, transfer 1% of the General Fund revenues less: • Grants • Industrial District revenue, and • Any General Fund transfer to Residential Streets Reconstruction Fund 5. At a Special City Election in November 2016 Corpus Christi voters voted to create a dedicated fund to be used solely for residential street reconstruction and the city council was authorized each year to levy, assess and collect a property tax not to exceed six cents ($0.06) per one hundred dollars ($100.00) of assessed value for the purpose of residential street reconstruction to be deposited in such fund. Said taxes shall be used solely for the purpose of residential street reconstruction, including associated architectural, engineering and utility costs, and shall be implemented gradually at a rate not to exceed two cents ($0.02) per one hundred dollars ($100.00) of assessed value per year. For the purposes of this provision, the term “reconstruction” is defined as removing all or a significant portion of the pavement material and replacing it with new or recycled materials. The dedicated fund established by this section may not be used for payment of debt service. The City Council approved two cents ($0.02) per one hundred dollars ($100.00) of assessed value for fiscal year 2018-2019 and two cents ($0.02) per one hundred dollars ($100.00) of assessed value for fiscal year 2019-2020 for the purpose of residential street reconstruction. Due to the COVID-related economic downturn the final two cents will not be added in FY 2020-2021 but will be considered in FY 2021-2022. Section 9. Funding of Texas Municipal Retirement System (TMRS) Contributions. It is a goal of the City Council to maintain the fully funded contribution rate to TMRS to fund the general City employees' and sworn police officers' pension. Section 10. Funding of Corpus Christi Fire Fighters’ Retirement System (CCFFRS). Whereas, pursuant to a Special Task Force appointed by the City Manager, it is a goal of the City to, over time, adequately fund the CCFFRS so that its funding ratio is in line with the funding ratio of TMRS for general City employees and sworn police officers. Section 11. Priority of City Services. The City Council recognizes the need to provide public services which support the continued growth of the local economy and personal income growth to insure an adequate financial base for the future. Section 12. Operating Contingencies. The City Manager is directed to budget up to $500,000 per year as an operating contingency as part of General Fund expenditures in order to further insulate the General Fund unreserved fund balance from unforeseen circumstances. Up to 2% of annual appropriations for operating contingencies may be budgeted, as deemed necessary, in enterprise, internal service, and special revenue funds of the City. Section 13. Multi-year Budget Model. Whereas many of the City's fiscal goals require commitment and discipline beyond the one year considered within the City's fiscal year, the City will also consider adoption of business plans necessary for the accomplishment of City short term or long term goals. These business plans will be presented and recommended to the City Council in the proposed annual operating budget and shall be used for development of future budget recommendations as necessary to accomplish these goals. The City shall also maintain business plans and/or rate models for enterprise operations. Preparation of the annual budget will include model for years two and three, with specific revenue and expenditure assumptions and with respect to the debt horizon. Section 14. Cost Recovery. The City may recover costs in the General Fund by charging other funds for administrative costs incurred to support their operations. The City shall attempt to pursue and maintain a diversified and stable revenue stream for the General Fund in order to shelter finances from short term fluctuations in any one revenue source. In order to meet the requirements outlined herein, every effort will be made to base rates on a cost of service model, so costs incurred for certain services are paid by the population benefiting from such services. Section 15. Quarterly Financial Reporting and Monitoring. The City Manager shall provide interim financial performance reports and updates to the City Council on a quarterly basis. These interim reports must include detailed year to date revenue and expenditure estimates, as well as explanations for major variances to budget. The format of the quarterly report must be relatively consistent with the adopted budget. Quarterly financial reports shall include a summary of fund balances for each fund and a statement regarding compliance with these financial policies, where applicable. Section 16. Use of Nonrecurring Revenue. The City shall endeavor to use nonrecurring revenue to fund one-time expenditures. Nonrecurring revenue may include items such as sale of fixed assets, court settlements, or revenue collection windfalls. Section 17. Debt Management. The City Manager shall adhere to the Debt management Policy adopted by Resolution 028902 on December 14, 2010 and reaffirmed by Resolution 029321 on December 13, 2011. Section 18. Capital Improvement Plans/Funding. The City Manager shall provide quarterly updates to the City Council on Capital Improvement Projects and post these updates on the City website. The annual Capital Improvement Plan (CIP) shall follow a similar cycle as the Operating Budget. As part of the annual capital budget process, the City shall update its short and long-range capital improvement plans. Due to the limited amount of available funds, the CIP serves to establish a priority for the many necessary projects. Therefore, the CIP will be updated annually in order to incorporate the changing priorities, needs and funding sources. As part of a concerted effort to improve financial flexibility, it is authorized that all interest and other revenues relating to Capital Funds will be appropriated at the beginning of each fiscal year and become part of those funds to be used for capital project expenditures. Additionally, the City shall pursue pay-as-you-go funding for maintenance-type capital costs to the extent possible. The CIP is a necessary tool in the capital planning process, and shall be organized as follows: 1. ANNUAL CAPITAL BUDGET: This is the first year of the short-range CIP and shall be fully funded. All approved projects must have corresponding funding resources identified by individual project. Projects added to the approved annual Capital Budget shall require City Council approval. 2. SHORT RANGE CIP: A schedule of capital expenditures to be incurred over the current annual Capital Budget plus two (2) additional years. The short-range plan projects must have programmed funding with corresponding funding resources identified by individual project. Any projects that include projected increases to operating costs for programmed facilities will be notated. A review of all CIP encumbrances will be done annually. Any encumbrance that does not represent a true commitment will be returned to reserves. 3. LONG RANGE CIP: The long-range plan extends for an additional seven years beyond the short range, for a complete plan that includes ten years. The long- range CIP projects must have realistic planned funding tied to the projects. Section 19. Expenditures. Within the limitation of public service needs, statutory requirements and contractual commitments expenditures included in the operating budget shall represent the most cost-efficient method to deliver services to the citizens of Corpus Christi. Efforts to· identify the most cost-efficient method of service delivery shall continue during the fiscal year after the operating budget is adopted and may be implemented during the fiscal year as necessary and of benefit to the public. Section 20. Line Item Budget Review Process. During the preparation of the City's operating budget, City staff shall perform a line item budget review of departmental budgets. Section 21. State Hotel Occupancy Tax (SHOT) and Hotel Occupancy Tax (HOT) Fund. A SHOT Fund was created for the Fiscal Year (FY) 2015-16 budget as a result of the Texas 84th Legislature's (2015) House Bill (HB)1915 that allowed Corpus Christi and three other Texas cities to retain 2% of the state hotel occupancy taxes collected by the cities to be reinvested for beach maintenance and restoration. The expenditures in this Fund shall not be used to offset expenditures for Gulf Beach maintenance currently paid for out of the local HOT Fund. The funding for Gulf Beach maintenance in the local HOT Fund shall not fall below the lesser of $1,825,088 or 15% of HOT revenue (not including the Convention Expansion portion) budgeted. This amount will be in addition to any expenditures budgeted for Gulf Beach Maintenance in the SHOT Fund. Section 22. Drought Surcharge Exemption Fund. Beginning in Fiscal Year 2018-2019 The Drought Surcharge Exemption Fees collected from large-volume industrial customers pursuant to Ordinance 031533 shall be dedicated for development of a drought-resistant water supply and shall not be used for operation and maintenance costs of any water supply, treatment facility or distribution system. The Drought Surcharge Exemption Fees paid to the City will be accounted for and reserved in a separate Drought Surcharge Exemption Fund and used only for capital costs to develop and/or acquire an additional drought-resistant water supply including but not limited to, payment of debt for an allowable capital project. Section 23. Community Enrichment Fund. Revenues and expenditures are recorded in this fund for community enrichment programs and activities not in the General Fund. Revenues come from contributions, developer fees and earnings on investments. Expenditures are restricted to acquisition or development of public parks. Revenues are authorized to be appropriated at the beginning of each fiscal year and will be restricted as per current City codes and ordinances and unspent appropriations will carry over from fiscal year to fiscal year. Section 2324. Budget Controls. Budgetary compliance is an important tool in managing and controlling governmental activities, as well as ensuring conformance with the City’s budgetary limits. Budgetary controls, levels at which expenditures cannot legally exceed appropriated amounts, are established within individual funds. The City utilizes an encumbrance system of accounting as one mechanism to accomplish effective budgetary controls. Encumbrances at year end which represent a true commitment are generally added to the budget. 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 RESOLUTION AMENDI NG FINANCIAL BUDGETARY POLICIES ADOPTED BY RESOLUTION 032156 AND PROVIDING FINANCIAL POLICY DIRECTION ON PREPARATION OF THE ANNUAL BUDGETS WHEREAS, the City Council adopted a Financial Policy in July 2020 by Resolution 032156; and WHEREAS, as a result of this policy, the City achieved its goal for the General Fund balance and desires now to articulate a strategy to maintain a General fund balance and to utilize any surplus balance to provide for enhanced financial stability in future years, and also desires to manage fund balances of the Internal Service Funds, Enterprise Funds, the Combined Utility Reserve Fund, and Debt Service Reserve Funds; and WHEREAS, this policy provides an essential guide to direct financial planning and to maintain and strengthen the City's bond rating; and WHEREAS, it has been the City's practice to reaffirm its financial policy or to adopt a new or modified policy annually in conjunction with preparation of the budget and prior to presenting the Proposed Budget to the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: · The Financial Budgetary Policies adopted by Resolution 032156 are amended to read as follows: Section 1. Development I Effective Date of Financial Budgetary Policy. This Financial Budgetary Policy reaffirms and amends the financial policies adopted each year by the City Council since 1997. The City Manager is directed to prepare each annual proposed budget in accordance with this policy. The City Council is prepared to make expenditure reductions that may be necessary to comply with this policy. This Financial Budgetary policy remains in effect and applies to future annual budget preparation processes until amended by City Council resolution. Section 2. Current Revenues /Current Expenditures. General Fund current revenues and funds available from all sources will equal or exceed current expenditures. Section 3. General Fund Balance I Working Capital. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, adequate financial resources will be set aside in the General Fund unassigned fund balance. In the Government Finance Officers Association's (GFOA) "Best Practice for Determining the Appropriate Level of Unrestricted Fund Balance in the General Fund (2015)", GFOA recommends, at a minimum, that general-purpose government, regardless of size, maintain an unrestricted budgetary fund balance in their general fund of no less than two months of regular general fund operating revenues or regular general fund operating expenditures. Accordingly; it is the goal of the City Council to build and maintain a reserve in the General Fund unassigned fund balance which totals at least two months (or approximately 17%) of regular general fund operating expenditures up to 20% of total annual General Fund appropriations, exclusive of any one-time appropriations. At the end of the fiscal year, upon completion of the Comprehensive Annual Financial Report, the amount calculated to be at least two months of regular general fund operating expenditures up to 20% of total annual General Fund appropriations will be Reserved for Major Contingencies and set up in a separate account. The City Manager shall report on the status of compliance with this policy at least annually as part of the budget process. Uncommitted fund balance in excess of the policy requirement may be recommended for expenditure by the City Manager. Finally, it is noted that extraordinary situations may arise in which the timing of external actions out of the City's control may require the use of the unassigned fund balance. The City Manager shall note these situations to the City Council as soon as the information is known. Section 4. Other Committed Fund Balances. 4.1 Internal Service Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain an unassigned reserve in each Internal Service Fund listed below, of up to five percent (5%) of the annual Internal Service Fund appropriations, exclusive of any one-time appropriations. Any amount in excess of five percent (5%) will be returned to the paying Funds or used for one-time expenditures. Subsection 4.1only applies to the Information Technologies Internal Service Fund; Stores Internal Service Fund; Engineering Services Internal Service Fund; Fleet Maintenance Internal Service Fund; and Facilities Maintenance Internal Services Fund. 4.2 Group Health Plans. It is a goal of the City to maintain a fund balance in the group health plans to (1) pay any associated administrative costs and claims run-out based upon the most recent actuarial study in the event the plan ceases or a change in the third- party administrator is made; and to (2) hold a reserve for catastrophic claims equaling 10% of projected medical and prescription claims. 4.3 General Liability Fund. It is a goal of the City to maintain a fund balance in the General Liability Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; (2) to provide additional protection against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average incurred costs of claims experience over the prior five-year period; and (3) to protect against significant cost increases in the fiscal year for purchased insurance coverage premiums equaling 25% of the cost for purchased insurance over the prior year. 4.4 Worker's Compensation Fund. It is a goal of the City to maintain a fund balance in the Worker's Compensation Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; and (2) to protect against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average of incurred costs of claims experience over the prior five-year period. 4.5 Enterprise Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain an unreserved fund balance in each of the Enterprise Funds of a maximum of twenty-five percent (25%) of the annual Enterprise Fund appropriations, exclusive of debt service and any one-time appropriations, and anything over that amount shall be designated for specific purpose(s). Subsection 4.5 only applies to Water, Wastewater, Gas, Stormwater, Airport, and Marina fund balances. 4.6 Debt Service Reserve Fund. The City will strive to maintain a debt service fund balance for bonds, certificates of obligation, tax notes, and other debt instruments of at least two percent (2%) of the annual debt service appropriation(s) for the fiscal year; provided, however, this requirement shall comply with the provision of Treasury Regulation 1.148-2(f) which limits the amount of reserve funds that may secure the payment of debt service on bonds. Section 5. Liabilities for Other Post-Employment Benefits, Accrued Compensated Absences and Net Pension Liability. For financial reporting purposes, the City will record liabilities for Other Post-Employment Benefits, Accrued Compensated Absences and Net Pension Liability according to guidance of the Governmental Accounting Standards Board. These liabilities will be funded on a pay-as-you-go basis, and thus will not be included in the minimum fund balances of the affected funds. Section 6. Property Tax Rate for Operations and Maintenance. Each proposed annual budget shall be prepared assuming that the City will be adopting a tax rate necessary to be in compliance with Section 2 above. Full consideration will be given to achieving the "no new-revenue maintenance and operations tax rate" for maintenance and operations when assessed property values decrease, and full consideration will be given to maintaining the current tax rate when assessed properties values increase, as long as the tax rate does not exceed the "voter approval tax rate" (which is the rate that allows the City to raise the same amount of maintenance and operation revenue raised in the prior year, excluding new property, with a 3.5% increase.) Section 7. Funding Level from General Fund for Street Maintenance. The General Fund will contribute the higher of 6% of General Fund revenue less grants, industrial district revenue and any transfer to Residential Streets or $10,818,730 for Street Maintenance. In addition, the City must include 5% of industrial district revenue in the Street Maintenance Fund. Section 8. Funding Level from General Fund for Residential Street Reconstruction Fund. In order to develop a long-term funding mechanism for capital improvements related to residential/local streets, implement the following: 1. The City must include 5% of industrial district revenue in the Residential Street Reconstruction Fund. 2. In Fiscal Year 2020-2021, transfer 1/3 of one percent of the General Fund revenue less: • Grants • Industrial District revenue, and • Any General Fund transfer to the Residential Street Reconstruction Fund (i.e. four cents of the property tax rate) 3. In Fiscal Year 2021-2022, transfer 2/3 of one percent of the General Fund revenues less: • Grants • Industrial District revenue, and • Any General Fund revenue to the Residential Street Reconstruction Fund 4. In Fiscal Year 2022-2023, transfer 1% of the General Fund revenues less: • Grants • Industrial District revenue, and • Any General Fund transfer to Residential Streets Reconstruction Fund 5. At a Special City Election in November 2016 Corpus Christi voters voted to create a dedicated fund to be used solely for residential street reconstruction and the city council was authorized each year to levy, assess and collect a property tax not to exceed six cents ($0.06) per one hundred dollars ($100.00) of assessed value for the purpose of residential street reconstruction to be deposited in such fund. Said taxes shall be used solely for the purpose of residential street reconstruction, including associated architectural, engineering and utility costs, and shall be implemented gradually at a rate not to exceed two cents ($0.02) per one hundred dollars ($100.00) of assessed value per year. For the purposes of this provision, the term “reconstruction” is defined as removing all or a significant portion of the pavement material and replacing it with new or recycled materials. The dedicated fund established by this section may not be used for payment of debt service. The City Council approved two cents ($0.02) per one hundred dollars ($100.00) of assessed value for fiscal year 2018-2019 and two cents ($0.02) per one hundred dollars ($100.00) of assessed value for fiscal year 2019-2020 for the purpose of residential street reconstruction. Due to the COVID-related economic downturn the final two cents will not be added in FY 2020-2021 but will be considered in FY 2021-2022. Section 9. Funding of Texas Municipal Retirement System (TMRS) Contributions. It is a goal of the City Council to maintain the fully funded contribution rate to TMRS to fund the general City employees' and sworn police officers' pension. Section 10. Funding of Corpus Christi Fire Fighters’ Retirement System (CCFFRS). Whereas, pursuant to a Special Task Force appointed by the City Manager, it is a goal of the City to, over time, adequately fund the CCFFRS so that its funding ratio is in line with the funding ratio of TMRS for general City employees and sworn police officers. Section 11. Priority of City Services. The City Council recognizes the need to provide public services which support the continued growth of the local economy and personal income growth to insure an adequate financial base for the future. Section 12. Operating Contingencies. The City Manager is directed to budget up to $500,000 per year as an operating contingency as part of General Fund expenditures in order to further insulate the General Fund unreserved fund balance from unforeseen circumstances. Up to 2% of annual appropriations for operating contingencies may be budgeted, as deemed necessary, in enterprise, internal service, and special revenue funds of the City. Section 13. Multi-year Budget Model. Whereas many of the City's fiscal goals require commitment and discipline beyond the one year considered within the City's fiscal year, the City will also consider adoption of business plans necessary for the accomplishment of City short term or long term goals. These business plans will be presented and recommended to the City Council in the proposed annual operating budget and shall be used for development of future budget recommendations as necessary to accomplish these goals. The City shall also maintain business plans and/or rate models for enterprise operations. Preparation of the annual budget will include model for years two and three, with specific revenue and expenditure assumptions and with respect to the debt horizon. Section 14. Cost Recovery. The City may recover costs in the General Fund by charging other funds for administrative costs incurred to support their operations. The City shall attempt to pursue and maintain a diversified and stable revenue stream for the General Fund in order to shelter finances from short term fluctuations in any one revenue source. In order to meet the requirements outlined herein, every effort will be made to base rates on a cost of service model, so costs incurred for certain services are paid by the population benefiting from such services. Section 15. Quarterly Financial Reporting and Monitoring. The City Manager shall provide interim financial performance reports and updates to the City Council on a quarterly basis. These interim reports must include detailed year to date revenue and expenditure estimates, as well as explanations for major variances to budget. The format of the quarterly report must be relatively consistent with the adopted budget. Quarterly financial reports shall include a summary of fund balances for each fund and a statement regarding compliance with these financial policies, where applicable. Section 16. Use of Nonrecurring Revenue. The City shall endeavor to use nonrecurring revenue to fund one-time expenditures. Nonrecurring revenue may include items such as sale of fixed assets, court settlements, or revenue collection windfalls. Section 17. Debt Management. The City Manager shall adhere to the Debt management Policy adopted by Resolution 028902 on December 14, 2010 and reaffirmed by Resolution 029321 on December 13, 2011.Section 18. Capital Improvement Plans/Funding. The City Manager shall provide quarterly updates to the City Council on Capital Improvement Projects and post these updates on the City website. The annual Capital Improvement Plan (CIP) shall follow a similar cycle as the Operating Budget. As part of the annual capital budget process, the City shall update its short and long-range capital improvement plans. Due to the limited amount of available funds, the CIP serves to establish a priority for the many necessary projects. Therefore, the CIP will be updated annually in order to incorporate the changing priorities, needs and funding sources. As part of a concerted effort to improve financial flexibility, it is authorized that all interest and other revenues relating to Capital Funds will be appropriated at the beginning of each fiscal year and become part of those funds to be used for capital project expenditures. Additionally, the City shall pursue pay-as-you-go funding for maintenance-type capital costs to the extent possible. The CIP is a necessary tool in the capital planning process, and shall be organized as follows: 1. ANNUAL CAPITAL BUDGET: This is the first year of the short-range CIP and shall be fully funded. All approved projects must have corresponding funding resources identified by individual project. Projects added to the approved annual Capital Budget shall require City Council approval. 2. SHORT RANGE CIP: A schedule of capital expenditures to be incurred over the current annual Capital Budget plus two (2) additional years. The short-range plan projects must have programmed funding with corresponding funding resources identified by individual project. Any projects that include projected increases to operating costs for programmed facilities will be notated. A review of all CIP encumbrances will be done annually. Any encumbrance that does not represent a true commitment will be returned to reserves. 3. LONG RANGE CIP: The long-range plan extends for an additional seven years beyond the short range, for a complete plan that includes ten years. The long- range CIP projects must have realistic planned funding tied to the projects. Section 19. Expenditures. Within the limitation of public service needs, statutory requirements and contractual commitments expenditures included in the operating budget shall represent the most cost-efficient method to deliver services to the citizens of Corpus Christi. Efforts to· identify the most cost-efficient method of service delivery shall continue during the fiscal year after the operating budget is adopted and may be implemented during the fiscal year as necessary and of benefit to the public. Section 20. Line Item Budget Review Process. During the preparation of the City's operating budget, City staff shall perform a line item budget review of departmental budgets. Section 21. State Hotel Occupancy Tax (SHOT) and Hotel Occupancy Tax (HOT) Fund. A SHOT Fund was created for the Fiscal Year (FY) 2015-16 budget as a result of the Texas 84th Legislature's (2015) House Bill (HB)1915 that allowed Corpus Christi and three other Texas cities to retain 2% of the state hotel occupancy taxes collected by the cities to be reinvested for beach maintenance and restoration. The expenditures in this Fund shall not be used to offset expenditures for Gulf Beach maintenance currently paid for out of the local HOT Fund. The funding for Gulf Beach maintenance in the local HOT Fund shall not fall below the lesser of $1,825,088 or 15% of HOT revenue (not including the Convention Expansion portion) budgeted. This amount will be in addition to any expenditures budgeted for Gulf Beach Maintenance in the SHOT Fund. Section 22. Drought Surcharge Exemption Fund. Beginning in Fiscal Year 2018-2019 The Drought Surcharge Exemption Fees collected from large-volume industrial customers pursuant to Ordinance 031533 shall be dedicated for development of a drought-resistant water supply and shall not be used for operation and maintenance costs of any water supply, treatment facility or distribution system. The Drought Surcharge Exemption Fees paid to the City will be accounted for and reserved in a separate Drought Surcharge Exemption Fund and used only for capital costs to develop and/or acquire an additional drought-resistant water supply including but not limited to, payment of debt for an allowable capital project. Section 23. Community Enrichment Fund. Revenues and expenditures are recorded in this fund for community enrichment programs and activities not in the General Fund. Revenues come from contributions, developer fees and earnings on investments. Expenditures are restricted to acquisition or development of public parks. Revenues are authorized to be appropriated at the beginning of each fiscal year and will be restricted as per current City codes and ordinances and unspent appropriations will carry over from fiscal year to fiscal year. Section 24. Budget Controls. Budgetary compliance is an important tool in managing and controlling governmental activities, as well as ensuring conformance with the City’s budgetary limits. Budgetary controls, levels at which expenditures cannot legally exceed appropriated amounts, are established within individual funds. The City utilizes an encumbrance system of accounting as one mechanism to accomplish effective budgetary controls. Encumbrances at year end which represent a true commitment are generally added to the budget. PASSED AND APPROVED on the day of , 2021: Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor DATE: May 25, 2021 TO: Mayor and Council FROM: Rebecca Huerta, City Secretary RebeccaH@cctexas.com (361) 826-3105 CAPTION: Ordinance revising Marina Advisory Committee membership to all at-large members. SUMMARY: The proposed ordinance would modify the composition of the Marina Advisory Committee to eliminate member categories and replace with all at-large members. At-large members would provide more flexibility in terms of recruitment and are a best practice among other cities with marina advisory committees. BACKGROUND AND FINDINGS: The Marina Advisory Committee was created in 2007. The committee’s duties are to advise and make recommendations regarding development, use, or preservation of the marina, including the following: (1) Assist the city council in providing for the orderly, planned development and use of the marina. (2) Review the annual and capital improvement budgets regarding the improvement and maintenance of the facilities upon the marina. (3) Review and recommend to the city council the feasibility of development, improvements, maintenance or proposed uses for the marina. The committee has nine members and is structured as follows: 5 – at large members and 1 or more of the following preferred but not required categories scientist, i.e., marine biologist; engineer; environmentalist, and employee or affiliate of restaurant located within the boundaries of the Corpus Christi Downtown Management District. Ordinance revising Marina Advisory Committee membership to all at-large members. AGENDA MEMORANDUM First Reading for the City Council Meeting of July 13, 2021 Second Reading for the City Council Meeting of July 20, 2021 At Mayor Guajardo’s request, the City Secretary’s Office compared the composition and duties of Corpus Christi’s Marina Advisory Committee with committees in other cities as follows: Port Aransas, TX; Vallejo, CA; Long Beach, CA; Fernandina Beach, FL; and Oak Harbor, WA. Overall, the committees shared similar duties. Corpus Christi’s committee structure, however, was an outlier in terms of having specific categories. Most of the committees reviewed were comprised solely of at-large members. None of the other committees included a scientist, engineer, environmentalist, or restaurant owner. ALTERNATIVES: The Council could choose to retain the current composition. FISCAL IMPACT: None RECOMMENDATION: Approval of the ordinance. SUPPORTING DOCUMENTS: Ordinance ORDINANCE REVISING MARINA ADVISORY COMMITTEE MEMBERSHIP TO ALL AT-LARGE/GENERAL CATEGORY MEMBERS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Code of Ordinances, Chapter 2, Article IV, Division 25 regarding the Marina Advisory Committee is revised to replace preferred categories with all at-large/general category membership as follows: Sec. 2-260. Created; membership; terms; filling vacancies. (a) There is hereby created the marina advisory committee. The committee shall be composed of nine (9) at-large/general category members appointed by the city council. Membership in one (1) or more of the following categories is preferred but not required: scientist, i.e., marine biologist; engineer; environmentalist, and employee or affiliate of restaurant located within the boundaries of the Corpus Christi Downtown Management District. (b) Reserved. (c) In the succeeding term, five (5) members shall serve a two-year term and four (4) members a one-year term, as determined by drawing. Thereafter, all terms shall be two (2) years. (d) Whenever a vacancy occurs during a term, appointments to fill a vacancy shall be to fill the unexpired term. (e) The chairperson of the marina advisory committee shall act as an advisor to the parks and recreation advisory committee and vice versa. (Ord. No. 027408, § 2, 9-11-2007; Ord. No. 030604, § 1, 9-8-2015; Ord. No. 032058, § 9, 3-17-2020) 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 DATE: June 9, 2021 TO: Peter Zanoni, City Manager FROM: Tammy Embrey, Director, Intergovernmental Relations tammye@cctexas.com 361.826.3622 Bill Mahaffey, Director Gas Operations Billm@cctexas.com 361-826-1801 CAPTION: Ordinance accepting and appropriating $901,952 grant from the Office of the Governor from the Texas Military Preparedness Commission’s Defense Economic Adjustment Assistance Grant (DEAAG) in the 1072 Community Development Grant Fund for Naval Air Station Corpus Christi (NASCC) gas distribution system improvements; appropriating $242,818 from the Texas Military Preparedness Commission CIP Fund 3543 as a City match; amending the FY 2021 Capital Budget to add DEAAG NASCC Gas Line Replacement project; and amending the FY 2021 Budget to increase revenues and expenditures by $1,144,770. SUMMARY: To receive the Defense Economic Adjustment Assistance Grant (DEAAG) program funds, the State of Texas requires award recipients to sign Grant Agreements identifying the responsibilities of the recipient and the State. An appropriation of $242,818 will be made from the Texas Military Preparedness Commission fund 3543 to fund the city’s match for the project. Reimbursement grant funds will be deposited into 1072-Community Development Grant Fund for the NASCC Natural Gas System Replacement Project. The City FY 2020-2021 Budget will be amended to increase revenues and expenditures by $1,144,770 and the DEAAG NASCC Gas Line Replacement project will be added to the City’s FY2020-2021 CIP budget. BACKGROUND AND FINDINGS: On February 4, 2021 the City of Corpus Christi was awarded a grant from the State of Texas totaling Acceptance of 2021 Texas Defense Economic Adjustment Assistance Grant Program for Replacement of Natural Gas System at NASCC AGENDA MEMORANDUM First Reading for Ordinance for the City Council Meeting of June 29,2021 Second Reading for Ordinance for the City Council Meeting of July 20, 2021 $901,952 to replace the failing and deteriorating natural gas system at NASCC. The governor awarded $16.3 Million in grants to 6 communities in this round of DEAAG funding. The Texas Legislature appropriated $30 million in this biennium to the Texas Military Preparedness Commission (TMPC) Defense Economic Adjustment Assistance Grant (DEAAG) fund to assist defense communities that have been impacted by a past or future Base Realignment and Closure action. The Natural Gas Distribution System at NASCC in a state of severe deterioration after decades of constant exposure to severe corrosive and erosive service environments. These system failures and leakages have resulted in significant operational losses of often critical services that subsequently required emergency repairs in order to restore and attempt to ensure both safety and continued reliable operation of the primary high -pressure natural gas distribution system. These failing high-pressure service lines are the backbone of Naval Air Station Corpus Christi’s (NASCC) entire natural gas distribution system. The base and its 40 tenants in approximately 75 buildings is one of the top five customers of the City’s natural gas utility. Currently, the base accounts for approximately three to four percent of the natural gas consumed (127,827 MMBTU annually). Natural gas provides hot water, heat, humidity control, and is used as a power source for some boiler units. For critical facilities such as the Navy’s Calibration Lab and Air Traffic Control Tower, and other critical areas, maintaining 50 percent or less humidity is required. Natural gas is used for major processes in many Corpus Christi Army Depot (CCAD) areas such as the Plating Shop. Natural gas also provides hot water for sanitizatio n in multiple facilities, including the Naval Health Clinic, Family Housing, and the Commissary. All food services use natural gas for cooking. In January 2019, NASCC Utilities and Energy Management Department requested the City of Corpus Christi’s Gas Department to perform a leak detection survey of NASCC’s natural gas facilities. The survey, completed in June 2019, identified numerous above- and below-ground leaks in the 78-year-old system running throughout the base to buildings and hangars. The Navy reported 25 major leaks in recent years, including 20 major leaks in 2019 resulting in emergency repairs, threatening adverse impact to military industrial progress toward supplying helicopters to warfighters. Earlier in Summer 2020, the Navy demolished Hangar 41 and a gas line serving six remaining hangars was damaged stopping service for a period. There is also a grave danger to the public with flammable, natural gas emitting from the ground. Major failures in concert with an ignition event could result in a catastrophic explosive or flammable event that could readily result in catastrophic property damage as well as the incalculable losses due to serious injuries or even loss of life. Imminent catastrophic failure of the system will paralyze missions affecting all processes and tenants, including CCAD, Chief of Naval Air Training (CNATRA), Naval Health Clinic, Defense Logistics Agency (DLA), NASCC Family Housing, and the Department of Homeland Security (DHS). Ultimately, when all main lines and service lines, valves, and other safety measures associated with this project are completed, the Navy and City will begin exploring an intergovernmental service agreement for the City’s Gas Department to take over the operation, maintenance and repair of the base’s natural gas delivery system. PROJECT COST LEVERAGE DOLLARS PERCENTAGE DEAAG $ 901,952.00 46% Federal $ 799,511.00 41% CITY OF CORPUS CHRISTI $ 242,818 12% ALTERNATIVES: The council may choose not to approve the grant agreements and the TMPC will reallocate the funds to other defense communities in Texas. DEPARTMENTAL CLEARANCES: Budget, City Manager, Gas Operations, Engineering, Finance, Legal FISCAL IMPACT: Accepting the grant will provide $901,952 to complete NASCC Natural Gas System Replacement Project. The City of Corpus Christi will provide a match of $242,818 which will cover engineering services and grant administration for the project. FUNDING DETAIL: Fund: Texas Military Preparedness Commission Fund 3543 Organization/Activity: 21114-3543-EXP Mission Element: 051 Project # (CIP Only): 21114 – DEAAG Gas Line Replacement Account: 530010 – Interdepartmental-Services Amount: $242,818 Fund: Community Development Grant Fund 1072 Organization/Activity: 870105S – DEAAG Natural Gas System Mission Element: 888 Project # (CIP Only): 21114 – DEAAG Gas Line Replacement Account: 550950 – Outside Consultant Amount: $901,952 RECOMMENDATION: Staff recommends approval of the grant agreement. LIST OF SUPPORTING DOCUMENTS: 1. Ordinance 2. Award Letter for NASCC Gas Line Replacement Project 3. NASCC Gas Line Replacement Project Grant Agreement 4. Aerial View of Preliminary NASCC Gas System Replacement Plan Ordinance accepting and appropriating $901,952 grant from the Office of the Governor from the Texas Military Preparedness Commission’s Defense Economic Adjustment Assistance Grant (DEAAG) in the 1072 Community Development Grant Fund for Naval Air Station Corpus Christi (NASCC) gas distribution system improvements; appropriating $242,818 from the Texas Military Preparedness Commission CIP Fund 3543 as a City match; amending the FY 2021 Capital Budget to add DEAAG NASCC Gas Line Replacement project; and amending the FY 2021 Budget to increase revenues and expenditures by $1,144,770 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1: The City Manager or designee is authorized to execute of all documents necessary to accept and appropriate a grant totaling $901,952 from the State of Texas Office of the Governor from the Defense Economic Adjustment Assistance Grant (DEAAG) in 1072-Community Development Grant Fund to be used to make improvements to the gas distribution system at Naval Air Station Corpus Christi. A copy of the executed grant shall be filed in the office of the City Secretary. Section 2. That the City FY 2020-2021 Capital Improvement Budget adopted by Ordinance 032203 is amended to add the DEAAG NASCC Gas Line Replacement project. Section 3. That $242,818 is appropriated from the Texas Military Preparedness Commission CIP Fund 3543 as a City match for the project. Section 4. That the FY 2021 Budget is amended to increase revenues and expenditures by $1,144,770. 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 G OVE R NO R G R E G A B BOTT POST OFFICE BOX 12428AUSTIN,TEXAS 78711512-463-2000(VOICE)DIAL 7-1-1FOR RELAY SERVICES February 4, 2021 Mr. Peter Zanoni City Manager City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Dear Mr. Zanoni: I am pleased to announce that the Texas Military Preparedness Commission in my office voted to award the City of Corpus Christi a Defense Economic Adjustment Assistance Grant in the amount of $901,952.00 to update natural gas lines at Naval Air Station Corpus Christi. The State of Texas places a high value on military installations and the defense communities that support them. The 15 military installations in Texas, along with Army Futures Command, have over a $123 billion impact on the Texas economy. We look forward to watching this project develop and we will continue to support the U.S. Navy as an instrumental part of the military community in Texas. Please reply to this correspondence with a letter, sent to Keith Graf, Executive Director of the TPMC, informing my office whether the City of Corpus Christi accepts or rejects the grant award. If the City of Corpus Christi accepts the grant award, TPMC staff will work with your designated point of contact to begin processing the grant award and executing an agreement detailing the grant’s required terms and conditions. Thank you for supporting your local military installation. Sincerely, Greg Abbott Governor GA:kgk Page 1 of 30 AGREEMENT FOR THE DEFENSE ECONOMIC ADJUSTMENT ASSISTANCE GRANT BETWEEN THE OFFICE OF THE GOVERNOR, TEXAS MILITARY PREPAREDNESS COMMISSION AND THE CITY OF CORPUS CHRISTI STATE OF TEXAS COUNTY OF TRAVIS THIS AGREEMENT is between the Office of the Governor, Texas Military Preparedness Commission, P.O. Box 12428, Austin, Texas 78711 (“OOG” or “Grantor”), and The City of Corpus Christi (“Grantee”). The OOG and Grantee are referred to collectively as the “parties.” The parties hereto have severally and collectively agreed and by the execution of this Agreement are bound to the mutual obligations and to the performance and accomplishment of the tasks described herein. SECTION 1. PURPOSE. This Grant is awarded pursuant to Chapter 436 of the Texas Government Code, which authorizes the OOG to administer the Defense Economic Adjustment Assistance Grant (“DEAAG”) program. The DEAAG program provides state funds to defense communities that have been or may be affected by a base realignment and closure action for the purposes of purchasing property, sharing the costs of infrastructure or redevelopment projects, and the purchase or lease of equipment, including equipment for the training of defense workers. SECTION 2. TERM OF AGREEMENT. The term of this Agreement shall begin on the date of last signature below (“Effective Date”), and shall terminate on February 4, 2023, or upon the completion of the grant project as described herein, whichever occurs first, unless terminated earlier pursuant to Section 16 of this Agreement. SECTION 3. PROJECT REQUIREMENTS. Consistent with Sections 436.202 and 436.203 of the Texas Government Code, grant proceeds may be used for the purchase of property, new construction, rehabilitation or renovation of facilities or infrastructure, or purchase of capital equipment or facilities insurance, and if applicable, to purchase or lease equipment to train certain defense workers. Subject to the requirements of applicable law and this Agreement, Grantee may use grant proceeds as cost reimbursement for certain actual, reasonable, and allowable costs that are directly allocable to the project described in Exhibit A (Grant Budget), Exhibit B (Grant Narrative) of this Agreement, and Grantee’s DEAAG Grant Application (collectively, the “Grant Project”). SECTION 4. OBLIGATIONS OF THE OOG. Page 2 of 30 4.1. The OOG shall reimburse Grantee for the actual, reasonable, and allowable costs incurred by Grantee during the term of this Agreement, subject to the requirements and limitations set forth in this Agreement. The OOG shall reimburse Grantee only for costs that are directly allocable to the Grant Project as determined by the OOG, in its sole discretion, in accordance with Chapter 436 of the Texas Government Code, the DEAAG Administrative Rules (Title 1, Part 1, Chapter 4, Subchapter B, Texas Administrative Code), this Agreement, and the Grant Budget, and in conformity with the Uniform Grant Management Standards (the “UGMS”). 4.2. The OOG shall not be liable to Grantee for any costs incurred by Grantee that are not strictly in accordance with the terms of this Agreement. SECTION 5. MAXIMUM AMOUNT OF GRANT. Notwithstanding any other provision of this Agreement, the total of all grant reimbursement payments and other obligations incurred by the OOG under the terms of this Agreement shall not exceed NINE HUNDRED AND ONE THOUSAND, NINE HUNDRED AND FIFTY TWO DOLLARS AND NO CENTS, ($901,952.00). The parties stipulate and agree that any act, action or representation by either party, their agents or employees that purport to increase the liability of the OOG is voidable by the OOG, unless this Agreement is amended to increase the liability of the OOG. SECTION 6. GENERAL REQUIREMENTS APPLICABLE TO THE GRANT. 6.1. Grant funds may be used only for the actual, reasonable, and allowable costs incurred during the term of this Agreement and that are directly allocable to the Grant Project. Grant funds may not be used for the payment of taxes, overhead, debt repayment, indirect expenses, or administrative expenses. 6.2. All grant funds shall be disbursed on a cost reimbursement basis, subject to the terms of this Agreement. Only costs that have been incurred and paid by Grantee are eligible for reimbursement. Grant funds are not eligible for use to provide an advance payment to a Grantee or sub-grantee. 6.3. In no case shall the payments made to a Grantee exceed the actual, reasonable, and allowable costs that are directly allocable to the Grant Project costs as identified in the Grant Budget, or the Maximum Amount of Grant as set forth in Section 5 of this Agreement. 6.4. Pre-term costs incurred prior to the Effective Date of the Agreement are allowable only with the written approval of the OOG and only to the extent that they would have been allowable if they had been incurred after the date of the term of this Agreement. 6.5. All costs must be allowable in accordance with the purposes authorized by Chapter 436 of the Texas Government Code, the DEAAG Administrative Rules (Title 1, Part 1, Chapter 4, Subchapter B, Texas Administrative Code), this Agreement, the Grant Budget, and other applicable law. 6.6. Grantee agrees to comply with all applicable state and federal laws, rules and regulations, directives, guidelines, or any other authorities relevant to the performance of Grantee under this Page 3 of 30 Agreement as they currently exist and as amended throughout the term of this Agreement. Grantee agrees to comply with applicable laws, executive orders, regulations, and policies, as well as Chapter 783 of the Texas Government Code and the UGMS or the successor to the UGMS. The OOG reserves the right, in its sole discretion, to unilaterally amend this Agreement throughout the term of this Agreement to incorporate any modifications necessary for the OOG’s compliance, as an agency of the State of Texas, with all applicable state and federal laws, regulations, requirements, and guidelines. 6.7. Grantee agrees to comply with the Uniform State Grant Assurances as set forth in Exhibit C. SECTION 7. CONDITIONS PRECEDENT TO REIMBURSEMENT. All of the following conditions precedent must be met to the satisfaction of the OOG prior to any reimbursement payments: 7.1. All costs incurred by Grantee for which Grantee seeks reimbursement must be for the actual, reasonable, and allowable costs that are directly allocable to the Grant Project costs described in the Grant Budget. 7.2. Before the OOG will make a reimbursement payment, Grantee must submit, and the OOG must approve, a reimbursement request as set forth in Section 8 of this Agreement. 7.3. The OOG will not consider requests for the reimbursement of expenditures incurred by Grantee after February 4, 2023. The total amount already disbursed plus the amount requested shall not exceed the Maximum Amount of Grant set forth in Section 5 of this Agreement. 7.4. Grantee must be in compliance with all terms of this Agreement. 7.5. Grantee must have supplied to the OOG all reports, documentation, or other items that the OOG requires or has requested. SECTION 8. STRUCTURE FOR REIMBURSEMENT PAYMENTS. 8.1. Requests for Reimbursement. Grantee’s reimbursement requests shall be submitted to the OOG in the form and manner approved by the OOG, and shall specify the detailed and total expenses for the reimbursement request (“Request for Reimbursement”). All Requests for Reimbursement must be timely submitted to the OOG in accordance with the schedule and requirements set forth in Section 8.5 of this Agreement. Grantee’s Requests for Reimbursement and required documentation shall be submitted directly to: tmpc@gov.texas.gov Page 4 of 30 Or by mail to: Office of the Governor Texas Military Preparedness Commission P.O. Box 12428 Austin, TX 78711 8.2. Required Documentation. Each Request for Reimbursement Grantee submits to the OOG must include: (1) the identification of the specific OOG Agreement; (2) the Grantee’s federal tax identification number; (3) the name and division of the OOG contact; (4) a description of the services, costs, and/or expenses, and the dollar amount attributable to each; (5) the name of the entity or person providing the service and the cost(s) charged by such entity or person; (6) an itemization of charges with sufficient detail to permit the OOG to determine if the costs are allowable; and (7) documentation of proof of payment, as specified in Section 8.3. Each item of expenditure shall be specifically attributed to the eligible Grant Project cost category as identified in the Grant Budget. By submission of a Request for Reimbursement, Grantee is warranting that (1) all invoices have been carefully reviewed to ensure that all invoiced services or goods have been performed or delivered; (2) the services or goods have been performed or delivered in compliance with all terms of this Agreement; (3) the amount of each new invoice added together with all previous invoices does not exceed the Maximum Amount of Grant as stated in Section 5 of this Agreement; and (4) the charges and expenses shown on the invoice are reasonable, necessary, and supported by included documentation. 8.3. Documentation of Proof of Payment. Requests for Reimbursement must include documentation of proof of payment as evidence of actual expenditures. Acceptable proof of payment includes, but is not necessarily limited to, a receipt or other documentation of a paid invoice showing zero balance due, a monthly bank statement evidencing payment of the specific expenditure, copies of endorsed/processed check, or a printed copy of an electronic payment confirmation evidencing payment of the specific expenditure(s) to which the reimbursement relates. 8.4. Right to Request Additional Documentation. Upon the request of the OOG, Grantee must submit to the OOG any additional documentation or explanation the OOG may require to support or document any requested payment under the Agreement. 8.5. Timing of Submission of Request for Reimbursement to the OOG; Close-Out Request for Reimbursement. Grantee must submit Requests for Reimbursement and all supporting documentation to the OOG in an accurate and timely manner. Unless the OOG provides written authorization providing additional time as set forth below, Grantee must submit quarterly Requests Page 5 of 30 for Reimbursement to the OOG that cover the previous quarter’s expenses on or before the twentieth (20th) day after the end of each quarter. Quarterly Requests for Reimbursement are due: (1) First quarter – December 20; (2) Second Quarter – March 20; (3) Third Quarter – June 20; and (4) Fourth Quarter – September 20. The OOG may, in its sole discretion, provide written authorization to Grantee that provides Grantee additional time to submit a specified quarterly Request for Reimbursement upon a finding by the OOG that extraordinary circumstances support the additional time. The amount of additional time provided to Grantee shall be specified in the OOG’s written authorization. Grantee must submit a final Request for Reimbursement on or before the forty-fifth (45th) calendar day after termination of this Agreement. The OOG will make all reasonable efforts to promptly process and make payments on properly-completed Requests for Reimbursement. 8.6. Final Deadline for Reimbursement Requests. All Requests for Reimbursement must be received by the OOG no later than forty-five (45) calendar days after termination of this Agreement. An Agreement amendment must be executed by the OOG and Grantee in order to extend this deadline. Any extension of the deadline is within the sole discretion of the OOG and subject to the availability of appropriated funds. SECTION 9. BUDGET ADJUSTMENT. Prior written approval from the OOG is required if Grantee anticipates altering the scope of the Grant Project, adding funds to previously un-awarded budget items or categories, changing funds in any awarded budget items or category by more than 10% of the annual budget, or adding new line items to any awarded budget category. SECTION 10. PURCHASE OF EQUIPMENT; MAINTENANCE AND REPAIR; TITLE UPON TERMINATION. Grantee shall not give any security interest or lien or otherwise encumber any item of equipment purchased with grant funds. Grantee shall identify all equipment purchased under this Agreement by appropriate tags or labels affixed to the equipment. Grantee shall maintain a current inventory of all equipment, which shall be available to the OOG at all times upon request. The equipment inventory must include the following: a description of the equipment; a serial number or other identification number; the acquisition date, cost, location, use, and condition of the equipment; and any ultimate disposition data. Title for equipment shall remain with Grantee, and Grantee shall 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 Agreement, Grantee shall use the proceeds to repair or replace said equipment. Upon termination of this Agreement, title, use, and disposal of equipment shall be in conformity with the UGMS. Page 6 of 30 SECTION 11. REPORTING REQUIREMENTS. 11.1. Until Grantee has submitted a Project Completion Report to the OOG, Grantee shall submit a Quarterly Project Status Report to the OOG, using the form attached hereto as Exhibit D, no later than twenty (20) calendar days after the end of each quarter. Quarterly reports are due: (1) First quarter – December 20; (2) Second Quarter – March 20; (3) Third Quarter – June 20; and (4) Fourth Quarter – September 20. The OOG may, at its sole discretion and upon a finding by OOG that extraordinary circumstances support the additional time, provide written authorization to Grantee that provides Grantee a specified amount of additional time to submit a specified Quarterly Project Status report. 11.2. After Grantee has completed the Grant Project as set forth in this Agreement, but in no case more than one hundred twenty (120) calendar days after termination of this Agreement, Grantee shall submit to the OOG a Project Completion Report, using the form attached hereto as Exhibit E, describing all activities performed under this Agreement. Grantee shall provide to the OOG a Certification of Delivery, certifying that Grantee has received delivery of all equipment purchased pursuant to this Agreement. 11.3. No later than sixty (60) calendar days after the date on which Grantee submits Grantee’s Project Completion Report to the OOG, Grantee shall provide to the OOG a DEAAG Project Impact Report, using the form attached hereto as Exhibit F. A DEAAG Project Impact Report must contain information concerning jobs generated and retained, and individuals trained as a result of the Grant Project. For purposes of this Agreement, job creation, retention, and training rates may be evidenced by satisfactory documentation, such as copies of payroll documents, human resource documents, or training enrollment records. 11.4. Grantee shall provide to the OOG additional information regarding the status of the Grant Project at any time upon request from the OOG. 11.5. Grantee shall cooperate with OOG and provide all requested assistance to the OOG in connection with the preparation of any reports required to be made by the OOG to the Texas Legislature or any relevant governmental entity regarding Grantee, the Grant, the Grant Project, or the Grant Application. 11.6. All reports provided to the OOG must be signed by the duly authorized representative of Grantee. 11.7. If after a written request by the OOG, Grantee fails to provide required reports, information, documentation, or other information as required by this Agreement, then the OOG may require corrective action or consider this act a possible default under this Agreement. Page 7 of 30 SECTION 12. CORRECTIVE ACTION. 12.1. Corrective Action. If the OOG finds deficiencies in Grantee’s performance under this Agreement, the OOG, in its sole discretion, may impose one or more of the following corrective actions: increase monitoring visits; require the submission of additional or more detailed financial or programmatic reports; require prior approval for expenditures; require additional technical or management assistance or make modifications in business practices; reduce the grant award amount; or terminate this Agreement. The foregoing are not exclusive remedies, and the OOG may impose other requirements that the OOG determines will be in the best interest of the State of Texas. 12.2. Financial Hold. Failure to comply with submission deadlines for required reports, invoices, or other requested information without prior written authorization from the OOG may result in the OOG, in its sole discretion, placing Grantee on immediate financial hold without further notice to Grantee and without first requiring a corrective action plan. The OOG shall only provide written authorization for delay upon finding that extraordinary circumstances exist that support the delay. No reimbursements will be processed until the requested information is submitted. If Grantee is placed on financial hold, the OOG, in its sole discretion, may deny reimbursement requests associated with expenses incurred during the time Grantee was placed on financial hold. 12.3. Sanctions. In addition to a financial hold, the OOG, in its sole discretion, may impose other sanctions including, but not limited to, withholding or suspending funding, requiring return or offset of previous reimbursements, requiring repayment, disallowing claims for reimbursement, reducing funding, terminating this Agreement, or any other appropriate sanction. 12.4. Notice of Possible Default. The parties agree to make a good faith effort to identify, communicate, and resolve problems found by either the OOG or Grantee. The OOG, in its sole discretion, will determine whether Grantee has acted or failed to act in such a manner that gives rise to an act of possible default under this Agreement. If the OOG determines Grantee has possibly defaulted on this Agreement, the OOG shall, within ten (10) business days after making that determination, give written notice of possible default to Grantee that also sets out the circumstances that support the OOG’s determination. 12.5. Opportunity to Cure. Unless the OOG provides written authorization providing additional time as set forth below, Grantee must cure the possible default and provide the OOG with sufficient information that supports a finding of cure by the OOG within thirty (30) calendar days after the OOG gives Grantee notice under Section 12.4 of this Agreement. The OOG may, in its sole discretion and upon a finding by OOG that extraordinary circumstances support the additional time, provide written authorization to Grantee that provides Grantee a specified amount of additional time cure the possible default and provide required information to the OOG. 12.6. Cure. If the OOG determines, in its sole discretion, that Grantee has cured the possible default event, the OOG shall give written notice to Grantee within ten (10) business days after making that determination. The OOG shall be guided by good faith and reasonableness in determining whether Grantee has cured the possible default. Page 8 of 30 12.7. Default. If the OOG determines Grantee has not cured the possible default, Grantee shall be in default hereunder, and the OOG shall give written notice to Grantee informing Grantee of such default within ten (10) business days after the OOG reaches its determination. Any default may result in termination of this Agreement in accordance with Section 16 of this Agreement. 12.8. No Waiver. Notwithstanding the imposition of corrective actions, financial hold, or sanctions, Grantee remains responsible for complying with the Agreement terms and conditions. Corrective actions, financial hold, or sanctions do not excuse or operate as a waiver of prior failure to comply with this Agreement. SECTION 13. NOTICES. Any notice required or permitted to be given under this Agreement by either party shall be in writing and shall be deemed to have been given immediately if sent to the e-mail address specified in this section. Any notice required or permitted to be given under this Agreement may be given by regular first class mail and shall be deemed to have been given on the date of attempted or actual delivery to the recipient if addressed to the receiving party at the address specified in this section: To Grantor: Office of the Governor Texas Military Preparedness Commission P.O. Box 12428 Austin, TX 78711 tmpc@gov.texas.gov To Grantee: Mr. Peter Zanoni City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 peterz@cctexas.com SECTION 14. GRANTEE CERTIFICATIONS. By agreeing to and signing this Agreement, Grantee represents that Grantee has obtained all necessary authority to enter into this Agreement and hereby makes the following certifications, representations, and warranties: 14.1. Delinquent Child Support Obligations. Under Section 231.006(d) of the Texas Family Code, regarding child support, Grantee certifies that the individual or business entity named in this Agreement is not ineligible to receive the specified payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate. 14.2. Prohibited Bids and Agreements. Under Section 2155.004 of the Texas Government Code, Grantee certifies that the individual or business entity named in this Agreement is not ineligible to receive the specified agreement and acknowledges that this Agreement may be terminated and payment withheld if this certification is inaccurate. 14.3. Gift to Public Servant. Grantee warrants that Grantee has not given, 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 in connection with the award of this Agreement. 14.4. Former Executive Head and Employees of the Agency. Grantee certifies that this Agreement is compliant, and will remain in compliance during the Agreement term, with the Page 9 of 30 following sections of the Texas Government Code: Section 669.003 (Contracting with Executive Head of State Agency); Section 572.069 (Prohibiting employment of state officers and employees who participated in the procurement of services); and Section 2252.901 (Contracts with Former or Retired Agency Employees). 14.5. Conflicts of Interest. Grantee certifies that neither Grantee nor the personnel or entities employed in rendering services under this Agreement have, nor shall they knowingly acquire, any interest that would be adverse to or conflict in any manner with the performance of Grantee’s obligations under this Agreement. Grantee has a continual and ongoing obligation to immediately notify the OOG in writing, upon discovery of any actual or potential conflict. 14.6. Corporate Franchise Tax. Grantee certifies that, if applicable, Grantee’s Texas franchise tax payments are current, or that Grantee is exempt from, or not subject to, such tax. 14.7. No Claims. Grantee certifies that Grantee does not have any potential or existing claims against or unresolved audit exceptions with the State of Texas or any agency of the State of Texas. 14.8. Debt to State. Grantee acknowledges and agrees that, to the extent Grantee owes any debt or delinquent taxes to the State of Texas, any payments Grantee is owed under this Agreement may be applied by the Comptroller of Public Accounts toward any debt or delinquent taxes Grantee owes the State of Texas until the debt or delinquent taxes are paid in full. 14.9. Compliance with Licensing, Permitting, and Regulatory Bodies. Grantee certifies that Grantee has or will obtain all licenses, certifications, permits, and authorizations necessary to perform Grantee’s obligations under this Agreement, without costs to the OOG. Grantee shall comply with any applicable federal, state, county, local and municipal laws, ordinances, resolutions, codes, decisions, orders, rules, and regulations, in connection with Grantee’s obligations under this Agreement. Grantee shall comply with all applicable federal health and safety standards, including but not limited to, OSHA, and all Texas health and safety standards. Grantee certifies that Grantee is currently is in good standing with all licensing, permitting, or regulatory bodies that regulate any or all aspects of Grantee’s business or operations. Grantee agrees to comply and remain compliant with all applicable licenses, legal certifications, inspections, and any other applicable local ordinance or state or federal laws. 14.10. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. Grantee certifies that Grantee and Grantee’s principals are not listed on the federal government’s terrorism watch list as described in Executive Order 13224 and will remain compliant with this certification during the term of this Agreement. Grantee certifies that Grantee and Grantee’s 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. 14.11. Deceptive Trade Practices/Unfair Business Practices. Grantee represents and warrants that Grantee has not been the subject of allegations of Deceptive Trade Practices violations under Page 10 of 30 Chapter 17 of the Texas Business and Commerce Code, or allegations of any unfair business practice in any administrative hearing or court suit and that the Respondent has not been found to be liable for such practices in such proceedings. Grantee certifies that Grantee has no officers who have served as officers of other entities who have been the subject of allegations of Deceptive Trade Practices violations or allegations of any unfair business practices in an administrative hearing or court suit, and that such officers have not been found to be liable for such practices in such proceedings. 14.12. False Statements. By signature to this Agreement, Grantee makes all the representations, warranties, guarantees, certifications and affirmations included in this Agreement. If Grantee signs this Agreement with a false statement or it is subsequently determined that Grantee has violated any of the representations, warranties, guarantees, certifications or affirmations included in this Agreement, Grantee shall be in default under this Agreement and the OOG may terminate or void this Agreement for cause and pursue other remedies available to the OOG under this Agreement and applicable law. 14.13. Felony Criminal Convictions. Grantee represents and warrants that Grantee and Grantee’s employees who will perform services under this Agreement have not been convicted of a felony criminal offense, or that, if such a conviction has occurred, Grantee has fully advised the OOG as to the facts and circumstances related to the conviction. 14.14. Immigration. Grantee represents and warrants that Grantee shall comply with all applicable U.S. immigration laws with respect to the employment of any individual who will perform labor or services in the U.S. under this Agreement. 14.15. U.S. Department of Homeland Security’s E-Verify System. Grantee certifies and ensures that Grantee utilizes and will continue to utilize, for the term of this Agreement, the U.S. Department of Homeland Security’s E-Verify system as required by Chapter 673 of the Texas Government Code, to determine the eligibility of: a. all persons employed to perform duties within Texas, during the term of the Agreement; and b. all persons, including subcontractors, employed or assigned by Grantee to perform work pursuant to the Agreement, within the United States of America. If this certification is falsely made, the Agreement may be terminated. 14.16. Certification Concerning Prior Disaster Relief Contract Violation. The OOG is prohibited from awarding a grant to any with any person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, or any other disaster, as defined by Section 418.004 of the Texas Government Code, occurring after September 24, 2005. Under Sections 2155.006 and 2261.053 of the Texas Government Code, Grantee certifies that Grantee is not ineligible from entering into this Agreement and will remain compliant with this certification during the term of this Agreement. Grantee acknowledges that this Agreement may be terminated and payment withheld or return of grant funds required if this certification is inaccurate or false. Page 11 of 30 14.17. Technology Access Clause. If applicable, Grantee will comply with the State of Texas Accessibility requirements for Electronic and Information Resources specified in 1 TAC Chapter 213 when such products are available in the commercial marketplace or when such products are developed in response to a procurement solicitation. Likewise, if applicable, Grantee shall provide the Department of Information Resources with the URL to Grantee’s Voluntary Product Accessibility Template (VPAT) for reviewing compliance with the State of Texas Accessibility requirements (based on the federal standards established under Section 508 of the Rehabilitation Act), or indicate that the product/service accessibility information is available from the General Services Administration “Buy Accessible Wizard” (http://www.buyaccessible.gov). A company not listed with the “Buy Accessible Wizard” or supplying a URL to their VPAT must provide DIR with a report that addresses the same accessibility criteria in substantively the same format. Additional information regarding the “Buy Accessible Wizard” or obtaining a copy of the VPAT is located at http://www.section508.gov/. 14.18. Buy Texas. With respect to all services, if any, purchased pursuant to this Agreement, Grantee represents and warrants that Grantee will buy Texas products and materials for use in providing the services authorized herein when such products and materials are available at a comparable price and within a comparable period of time when compared to non-Texas products and materials. 14.19. Liability for Taxes. Grantee represents and warrants that Grantee shall pay all taxes or similar amounts resulting from this Agreement, including, but not limited to, any federal, state, or local income, sales or excise taxes of Grantee or Grantee’s employees. The OOG shall not be liable for any taxes resulting from this Agreement. 14.20. Israel. If Grantee is required to make a certification pursuant to Section 2271.002 of the Texas Government Code, Grantee certifies that Grantee does not boycott Israel and will not boycott Israel during the term of the Agreement. If Grantee does not make that certification, Grantee must notify the OOG and state why the certification is not required. The term “boycott Israel” as used in the paragraph has the meaning assigned by Section 808.001 of the Texas Government Code. 14.21. Iran, Sudan, or Foreign Terrorist Organization. Grantee represents that neither Grantee, nor any wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of Grantee, (i) is an entity listed by the Texas Comptroller of Public Accounts under Sections 2252.153 or 2270.0201 of the Texas Government Code; (ii) constitutes a “scrutinized company” as defined by Section 2270.0001(9) of the Texas Government Code; or (iii) has contracts with, provides supplies or services to, or is otherwise engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code. The terms “foreign terrorist organization” and “designated foreign terrorist organization” have the meanings assigned to them in Sections 2252.151 and 2270.0001 of the Texas Government Code, respectively. 14.22. Cybersecurity Training Program. To the extent Grantee has access to any state computer system or database and is subject to the provisions of Section 2054.5192 of the Texas Page 12 of 30 Government Code, the OOG will require Grantee to complete a cybersecurity training program certified under Section 2054.519 of the Texas Government Code, as selected by the OOG. The cybersecurity training program must be completed by Grantee during the term of the Agreement and during any subsequent extension period. Grantee shall verify completion of the program to the OOG in writing upon completion of the program. 14.23. Human Trafficking. Under Section 2155.0061 of the Texas Government Code, Grantee certifies that Grantee is not ineligible to receive this Agreement and acknowledges that this Agreement may be terminated and payment withheld if this certification is inaccurate. SECTION 15. GENERAL TERMS AND CONDITIONS. 15.1. Independent Contractor. Grantee expressly agrees that Grantee is an independent contractor and under no circumstances shall any owner, incorporator, officer, director, employee, or volunteer of Grantee or any subcontractor of Grantee be considered an employee, agent, servant, joint venturer, joint enterpriser, or partner of the OOG, by virtue of this Agreement. 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 the OOG. All persons furnished, used, retained, or hired by or on behalf of Grantee or any of Grantee’s subcontractors shall be considered to be solely the employees or agents of Grantee or Grantee’s subcontractors. Grantee or Grantee’s subcontractors 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. The OOG is not responsible for any types of claims whatsoever due to actions or performance, taken by the owners, incorporators, officers, directors, employees, volunteers of Grantee or any third parties under this Agreement, 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. 15.2. Subcontracting. In the event that Grantee should determine that it is necessary or expedient to subcontract for any of the performances herein, Grantee understands and agrees that Grantee will be responsible to the OOG for any subcontractor’s performance under this Agreement. In no event shall this section or any other provision of this Agreement be construed as relieving Grantee of the responsibility for ensuring that performance under this Agreement, and any subcontracts thereto, is rendered in compliance with all of the terms of this Agreement. If Grantee uses a subcontractor for any or all of the work required, the following conditions will apply: (1) Grantee, in subcontracting for any performances specified herein, expressly understands and agrees that subcontracting will be solely at Grantee’s expense and the OOG shall not be liable in any manner to Grantee’s subcontractor(s); (2) Grantee will be the sole contact for the OOG; and (3) Pursuant to Chapter 2251 of the Texas Government Code, Grantee will make any payments owed to subcontractors within ten (10) calendar days of Grantee’s receipt of funds from the OOG. Page 13 of 30 15.3. No Assignment. This Agreement is not assignable by Grantee. Notwithstanding any attempt to assign the Agreement, Grantee shall remain fully liable on this Agreement and shall not be released from performing any of the terms, covenants, and conditions herein. Grantee shall be held responsible for all funds received under this Agreement. 15.4. Records Retention. Records shall be maintained and made available to the OOG or its authorized representatives upon request during the entire performance period of this Agreement and until three (3) years from date of final payment by the OOG for the services provided under this Agreement. In addition, those records relating to any dispute, litigation, or the settlement of claims arising out of such performance, or costs or items to which an audit exception has been taken, shall be maintained and made available to the OOG or its designee until completion of such action and resolution of all issues which arise from it, or until the end of the aforementioned three (3) year period, whichever is later. Failure to provide reasonable access to authorized OOG representatives shall give the OOG the right to terminate this Agreement pursuant to Section 16 of this Agreement for reason of default. 15.5. Right to Audit. Grantee will cooperate fully in any review conducted by the OOG or its authorized representatives related to services provided under this Agreement. The OOG has the authority to monitor, inspect, assess, and review the fiscal and contractual performance of Grantee with respect to the Agreement, including all information related to any services provided under this Agreement or billed to the OOG. Grantee will remedy in a timely manner, any weaknesses, deficiencies, Agreement noncompliance, or audit exceptions found as a result of a review by the OOG or its authorized representatives. Such remedy can include a refund or offset of Agreement payments or any other appropriate actions deemed necessary by the OOG. Acceptance of funds under this Agreement acts as acceptance of the authority of the State Auditor’s Office to audit or investigate the expenditure of funds under this Agreement or any subcontract. Grantee will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Grantee and the requirement to cooperate is included in any subcontract Grantee awards. 15.6. State Auditor. In addition to and without limitation on the other audit provisions of this Agreement, pursuant to Section 2262.154 of the Texas Government Code, the State Auditor’s Office or successor agency may conduct an audit or investigation of Grantee or any other entity or person receiving funds from the State of Texas directly under this Agreement or indirectly through a subcontract under this Agreement. The acceptance of funds by Grantee or any other entity or person directly under this Agreement or indirectly through a subcontract under this Agreement 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 shall provide the State Auditor’s Office with prompt 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 Grantee awards. The State Auditor’s Office shall at any time have access to and the right to Page 14 of 30 examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of Grantee related to this Agreement. This Agreement may be amended unilaterally by the OOG to comply with any rules and procedures of the State Auditor’s Office in the implementation and enforcement Section 2262.154 of the Texas Government Code. 15.7. Texas Public Information Act. Notwithstanding any provisions of this Agreement to the contrary, Grantee acknowledges that the State of Texas, the OOG, and this Agreement are subject to the Texas Public Information Act, Texas Government Code Chapter 552, and (the “PIA”). Grantee acknowledges that the OOG will comply with the PIA. Grantee acknowledges that information created or exchanged in connection with this Agreement is subject to the PIA, and Grantee agrees that information not otherwise excepted from disclosure under the PIA, will be available in a format that is accessible by the public at no additional charge to the OOG or State of Texas. Grantee will cooperate with the OOG in the production of documents or information responsive to a request for information. Information provided by or on behalf of Grantee under, pursuant to, or in connection with this Agreement that Grantee considers proprietary, financial, or trade secret information (collectively “Confidential Information”) shall be designated as such when it is provided to the OOG or State of Texas or any other entity in accordance with this Agreement. Merely making a blanket claim that all documents are protected from disclosure will not render the whole of the information confidential. Any information not clearly identified as proprietary or confidential is subject to release in accordance with the PIA. The OOG agrees to notify Grantee in writing within a reasonable time from receipt of a request for information covering Grantee’s Confidential Information. The OOG will make a determination whether to submit a Public Information Act request to the Attorney General. Grantee agrees to maintain the confidentiality of confidential information received from the OOG or State of Texas during the performance of this Agreement, including information that discloses confidential personal information particularly, but not limited to, personally identifying information, personal financial information, and social security numbers. Grantee agrees that if any of Grantee’s agents receives any third-party request for the disclosure of information relating to this Agreement, Grantee shall notify the OOG of any such request within three (3) business days of receipt of the request. 15.8. Media Releases or Pronouncements. Grantee understands that the OOG does not endorse any vendor, commodity good, or service. Grantee, Grantee’s employees, representatives, subcontractors, or other agents may not issue any media release, advertisement, publication, or public pronouncement which pertains to this Agreement or the services or Grant Project to which this Agreement relates, or which mentions the OOG, without the prior written approval of the OOG. 15.9. Indemnification. TO THE EXTENT ALLOWED BY LAW, GRANTEE SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE STATE OF TEXAS, THE OOG, Page 15 of 30 AND/OR THEIR EMPLOYEES, AGENTS, OFFICERS, REPRESENTATIVES, CONTRACTORS, AND/OR DESIGNEES FROM ANY CLAIMS, ACTIONS, SUITS, DEMANDS, PROCEEDINGS, COSTS, DAMAGES, AND LIABILITIES, INCLUDING, WITHOUT LIMITATION, ALL RELATED COSTS, ATTORNEY’S FEES AND EXPENSES ARISING OUT OF, OR RESULTING FROM ANY ACTS OR OMISSIONS OF GRANTEE OR ANY OF GRANTEE’S AGENTS, EMPLOYEES, SUBCONTRACTORS, OR SUPPLIERS IN THE EXECUTION OR PERFORMANCE OF THIS AGREEMENT. GRANTEE SHALL COORDINATE GRANTEE’S DEFENSE WITH THE TEXAS ATTORNEY GENERAL AS REQUESTED BY THE OOG. THIS PARAGRAPH IS NOT INTENDED TO AND WILL NOT BE CONSTRUED TO REQUIRE GRANTEE TO INDEMNIFY OR HOLD HARMLESS THE STATE OR THE OOG FOR ANY CLAIMS OR LIABILITIES RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF THE OOG OR ITS EMPLOYEES. 15.10. Intellectual Property. TO THE EXTENT ALLOWED BY LAW, GRANTEE SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE STATE OF TEXAS, THE OOG, AND/OR THEIR EMPLOYEES, AGENTS, OFFICERS, REPRESENTATIVES, CONTRACTORS, AND/OR DESIGNEES FROM AND AGAINST ANY AND ALL CLAIMS, VIOLATIONS, MISAPPROPRIATIONS, OR INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS AND/OR OTHER INTANGIBLE PROPERTY, PUBLICITY, OR PRIVACY RIGHTS, AND/OR IN CONNECTION WITH OR ARISING FROM: (1) THE PERFORMANCE OR ACTIONS OF GRANTEE PURSUANT TO THIS GRANT AGREEMENT; (2) ANY DELIVERABLE, WORK PRODUCT, CONFIGURED SERVICE, OR OTHER SERVICE PROVIDED HEREUNDER; AND/OR (3) THE OOG’S AND/OR GRANTEE’S USE OF OR ACQUISITION OF ANY REQUESTED SERVICES OR OTHER ITEMS PROVIDED TO THE OOG BY GRANTEE OR OTHERWISE TO WHICH THE OOG HAS ACCESS AS A RESULT OF GRANTEE’S PERFORMANCE UNDER THE GRANT AGREEMENT. GRANTEE AND THE OOG AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. GRANTEE SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE, INCLUDING ATTORNEYS’ FEES. THE DEFENSE SHALL BE COORDINATED BY GRANTEE WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL (“OAG”) WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT, AND GRANTEE MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OAG. IN ADDITION, GRANTEE WILL REIMBURSE THE OOG AND THE STATE OF TEXAS FOR ANY CLAIMS, DAMAGES, COSTS, EXPENSES, OR OTHER AMOUNTS, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES AND COURT COSTS ARISING FROM ANY SUCH CLAIM. IF THE OOG DETERMINES THAT A CONFLICT EXISTS BETWEEN ITS INTERESTS AND THOSE OF GRANTEE, OR IF THE OOG IS REQUIRED BY APPLICABLE LAW TO SELECT SEPARATE COUNSEL, THE OOG WILL BE PERMITTED TO SELECT SEPARATE COUNSEL AND GRANTEE WILL PAY ALL REASONABLE COSTS OF THE OOG’S COUNSEL. 15.11. Taxes/Workers’ Compensation/Unemployment Insurance. GRANTEE IS FULLY Page 16 of 30 RESPONSIBLE FOR GRANTEE’S OWN FEDERAL, STATE, AND LOCAL TAXES. GRANTEE AGREES AND ACKNOWLEDGES THAT DURING THE EXISTENCE OF THIS AGREEMENT, GRANTEE SHALL BE ENTIRELY RESPONSIBLE FOR THE LIABILITY AND PAYMENT OF GRANTEE’S AND GRANTEE’S EMPLOYEES’ TAXES OF WHATEVER KIND, ARISING OUT OF THE PERFORMANCES IN THIS AGREEMENT. GRANTEE AGREES TO COMPLY WITH ALL STATE AND FEDERAL LAWS APPLICABLE TO ANY SUCH PERSONS, INCLUDING LAWS REGARDING WAGES, TAXES, INSURANCE, AND WORKERS' COMPENSATION. THE OOG AND/OR THE STATE OF TEXAS SHALL NOT BE LIABLE TO GRANTEE, GRANTEE’S EMPLOYEES, AGENTS, OR OTHERS FOR THE PAYMENT OF TAXES OR THE PROVISION OF UNEMPLOYMENT INSURANCE AND/OR WORKERS’ COMPENSATION OR ANY BENEFIT AVAILABLE TO A STATE EMPLOYEE OR EMPLOYEE OF THE OOG. 15.12. Tax Identification Information Required. As a prerequisite to the OOG’s ability to process any payments to Grantee under this Agreement, Grantee shall provide the OOG with required tax and payee identification information in the form of a completed “Application for Texas Identification Number” (available on the Comptroller of Public Accounts’ website at http://www.window.state.tx.us/taxinfo/taxforms/ap-152.pdf). If Grantee has previously completed the required documentation to obtain a Texas Identification Number (TIN) prior to the Effective Date of this Agreement, Grantee may satisfy this requirement by providing the OOG with Grantee’s current TIN, name, and address to permit the OOG to verify registration in TINS with the Texas Comptroller of Public Accounts. 15.13. Insurance. Unless otherwise noted in this Agreement, and to the extent that Grantee does not have or maintain insurance or does not have or maintain sufficient insurance, Grantee acknowledges and agrees that Grantee will be solely responsible for any losses or damages related to or caused by Grantee’s performing Grantee’s duties and obligations under this Agreement. The OOG will have no obligation to reimburse or otherwise pay Grantee for any costs incurred related to any such losses or damages. 15.14. Fraud, Waste and Abuse. Grantee understands that the OOG does not tolerate any type of fraud, waste, or misuse of funds received from the OOG. The OOG’s policy is to promote consistent, legal, and ethical organizational behavior, by assigning responsibilities and providing guidelines to enforce controls. Any violations of law, OOG policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. In the event Grantee becomes aware of any allegation or a finding of fraud, waste, or misuse of funds received from the OOG that is made against Grantee, Grantee is required to immediately notify the OOG of said allegation or finding. Grantee is also obliged to inform the OOG of the status of any on-going investigations regarding allegations of fraud, waste, or abuse. Grantee is expected to report any possible fraudulent or dishonest acts, waste, or abuse to the OOG’s Fraud Coordinator or Ethics Advisor at (512) 463- 1788 or in writing to: Ethics Advisor, Office of the Governor, P.O. Box 12428, Austin, Texas 78711. 15.15. Saturdays, Sundays, Holidays. If the last or appointed day for the taking of any action or the expiration of any right required or granted in this Agreement is a Saturday or a Sunday or a Page 17 of 30 scheduled State of Texas or national holiday, then such action may be taken or such right may be exercised on the next succeeding business day that is not a Saturday, Sunday, or holiday. A schedule of State of Texas holidays is located at: http://www.hr.sao.texas.gov/Holidays/. 15.16. Applicable Law and Venue. This Agreement is made and entered into in the State of Texas. This Agreement 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. Venue for any Grantee-initiated action, suit, or litigation arising out of or in any way relating to this Agreement shall be commenced exclusively in the Travis County District Court or the United States District Court for the Western District of Texas, Austin Division. Venue for any OOG- initiated action, suit, or litigation arising out of or in any way relating to this Agreement may be commenced in a Texas state district court or a United States District Court selected by the OOG in its sole discretion. Grantee hereby irrevocably and unconditionally consents to the exclusive jurisdiction of the courts referenced above for the purpose of prosecuting and/or defending such litigation. Grantee hereby waives and agrees not to assert as a defense, or otherwise, in any suit, action or proceeding, any claim that Grantee is not subject to the jurisdiction of the above-named courts; the suit, action or litigation is brought in an inconvenient forum; or the venue is otherwise improper. 15.17. No Waiver of Sovereign Immunity. The OOG is immune from suit and from liability. No part of this Agreement, nor the conduct or statement any person, will be construed as a waiver of the doctrines of sovereign immunity and official immunity, or of any of the privileges, rights, defenses, remedies, or immunities available to the OOG or the State of Texas, and their officers, employees, or agents as provided by law. SECTION 16. TERMINATION. 16.1. Convenience. The OOG may, at its sole discretion, terminate this Agreement without recourse, liability, or penalty, against the OOG, upon thirty (30) calendar days’ notice to Grantee. 16.2. Cause/Default. In the event that Grantee fails to provide the agreed upon services according to the provisions of this Agreement, or fails to comply with any of the terms or conditions of this Agreement, the OOG may, upon written notice of default to Grantee, immediately terminate all or any part of this Agreement. 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 Agreement. 16.3. Rights upon Termination or Expiration. In the event that the Agreement is terminated for any reason, or upon its expiration, the OOG shall be obligated to pay Grantee only for actual, reasonable, and allowable costs incurred up to the Effective Date of termination. Termination is not an exclusive remedy, but will be in addition to any other rights and remedies as provided in equity, by law or under the Agreement. The OOG will not be liable to Grantee or to Grantee’s Page 18 of 30 creditors for any costs incurred subsequent to receipt of a Notice to Terminate or any unacceptable or disallowed costs as determined by the OOG. 16.4. Liability after Termination. Notwithstanding any exercise by the OOG of its right of early termination pursuant to this section, Grantee shall not be relieved of any liability to OOG for damages due to the OOG by virtue of any breach of this Agreement by Grantee. The OOG may withhold payments to Grantee until such time as the exact amount of damages due to the OOG from Grantee is agreed upon or is otherwise determined. 16.5. Refunds of Overpayment. Grantee shall refund to the OOG any sum of money paid to Grantee by the OOG, which the OOG determines is an overpayment to Grantee, or in the event the OOG determines funds spent by Grantee were not an allowable cost of this Grant Project. No refund payment(s) may be made from local, state, or federal grant funds unless statute or regulation specifically permits repayment with grant funds. Such refund shall be made by Grantee to the OOG within thirty (30) calendar days after such refund is requested in writing by the OOG, or within thirty (30) calendar days of a notice from the OOG indicating the request is the result of a final determination that the refund is owed. 16.6. Failure to Comply with Agreement. In the event Grantee fails to comply with any provision as specified in this Agreement, Grantee may be liable for damages under this Agreement and barred from applying for or receiving additional funding under the DEAAG program until repayment is made and any other compliance or audit findings are resolved or any issue of non- compliance is cured to the satisfaction of the OOG. SECTION 17. AVAILABILITY OF FUNDS. This Agreement is subject to the availability and receipt of funds appropriated by the Texas Legislature that the OOG has allocated to this Agreement. If funds for this Agreement become unavailable during any budget period, the OOG may terminate this Agreement, without penalty, or reduce the amount of this Agreement at the discretion of the OOG. Grantee will have no right of action against the OOG if the OOG cannot perform its obligations under this Agreement as a result of lack of legislative appropriations in amounts sufficient to fund any activities or functions contained within the scope of this Agreement. SECTION 18. MONITORING. The OOG or its designee may perform periodic on-site monitoring of Grantee’s compliance with the terms and conditions of this Agreement and of the adequacy and timeliness of Grantee’s performance. After each monitoring visit, the OOG will provide Grantee with a written report of the monitor’s findings. If the monitoring report notes deficiencies in Grantee’s performances under the terms of this Agreement, the monitoring report shall include requirements for the timely correction of such deficiencies by Grantee. Failure by Grantee to take action specified in the monitoring report may be cause for termination of this Agreement in accordance with Section 16 of this Agreement. SECTION 19. CONFLICT OF INTEREST. 19.1. No Conflicts of Interest. Grantee shall ensure that no employee, officer, or agent of Grantee shall participate in the selection, award, or administration of a subcontract supported by funds provided hereunder if a conflict of interest, real or apparent, would be involved. Such conflict Page 19 of 30 of interest would arise when: (1) the employee, officer, or agent; (2) any member of his or her immediate family; (3) his or her partner; or, (4) any organization which employs, or is about to employ any of the above, has a financial or other interest in the firm or person selected to perform the subcontract. Grantee shall comply with Chapter 171 of the Texas Local Government Code. 19.2. No Inside Information. No employee, agent, consultant, officer, or elected or appointed official, of either Grantee or of a subcontractor, who exercises or has exercised any functions or responsibilities or is in a position to participate in decision-making or gain inside information in regard to the activities involved in the Grant Project, shall be permitted to have or obtain a financial interest in or benefit from the Grant Project or any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties. SECTION 20. REGULATORY AND LEGAL ACTIONS AND CLAIMS. 20.1. No Pending or Threatened Actions Impairing Performance. Grantee represents and warrants that Grantee is not aware of and has received no notice of any court or governmental agency actions, proceedings or investigations, etc., (collectively “actions”), pending or threatened against Grantee within the five (5) calendar years immediately preceding the Effective Date of this Agreement that would or could impair Grantee’s performance under this Agreement. In addition, Grantee shall notify the OOG in writing within five (5) business days of any changes to the representations or warranties in this clause or of any actions that Grantee may become aware of and receives notice of on or after the Effective Date of this Agreement. Grantee agrees that failure to so timely update the OOG of actions shall constitute breach of this Agreement and may result in immediate termination of this Agreement. 20.2. Notice of Actions Arising Out of Performance of Agreement. Grantee shall give the OOG immediate notice in writing of any action, including any proceeding before an administrative agency, filed against Grantee arising out the performance of this Agreement. Except as otherwise directed by the OOG, Grantee shall immediately furnish to the OOG copies of all pertinent papers received by Grantee with respect to such action or claim. Grantee shall notify the OOG of any legal action filed against Grantee or any subcontractor, or of any proceeding filed under the federal bankruptcy code. Grantee shall submit a copy of such notice to the OOG within thirty (30) calendar days after receipt. No funds provided under this Agreement may be used in the payment of any costs incurred as the result of any claims, judgments, fines, or settlements. 20.3. Governmental Units of the State of Texas. The OOG and Grantee acknowledge that they are governmental units of the State of Texas and are subject to, and shall comply with, the applicable provisions of the Texas Tort Claims Act, as set out in Chapter 101 of the Texas Civil Practice and Remedies Code. 20.4. No Liability. Grantee acknowledges that the OOG, the State of Texas, and their employees and officials shall not be held liable for any claims or causes of action whatsoever which may occur in the course of performing the services described in this Agreement, or from the award, cancellation, or withdrawal of this Grant. Page 20 of 30 SECTION 21. NOTICE OF MATERIAL EVENTS. Grantee shall furnish to the OOG prompt written notice upon becoming aware or having knowledge of the occurrence of any event or development that has, or would reasonably be expected to have, a material adverse effect on the completion of the Grant Project. Grantee shall inform the OOG in writing within ten (10) business days after Grantee learns of the existence of such material event. SECTION 22. FORCE MAJEURE. Neither party shall be liable to the other for any delay in, or failure of performance of, any requirement included in this Agreement caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed provided the non-performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, which by the exercise of all reasonable due diligence, such party is unable to overcome. Each party must inform the other in writing, with proof of receipt, within ten (10) business days after the existence of such force majeure, or otherwise waive this right as a defense. SECTION 23. DISPUTE RESOLUTION. 23.1. Informal Meetings. The parties’ representatives shall meet as needed to implement the terms of this Agreement and shall make a good faith attempt to informally resolve any disputes. The Parties agree to make a good faith effort to identify, communicate, and resolve problems found by either the OOG or Grantee. 23.2. Grantee’s Continued Performance. Grantee shall not be excused from performance during any pending dispute, unless approved in writing by the OOG. SECTION 24. CHANGES AND AMENDMENTS. 24.1. Alterations, Additions, Deletions. Any alterations, additions, or deletions to the terms of this Agreement shall be by a written amendment executed by both parties. 24.2. Policy Directives. During the term of this Agreement, the OOG may issue policy directives to establish, interpret, or clarify requirements under this Agreement. Policy directives from the OOG shall be binding upon Grantee. SECTION 25. SEVERABILITY. In case any one or more of the parts or provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other parts or provisions thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable parts or provisions had never been contained herein. SECTION 26. ENTIRE AGREEMENT. This Agreement is intended as a full and complete expression of and constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and all prior and contemporaneous understandings, agreements, promises, Page 21 of 30 representations, terms and conditions, both oral and written, are superseded and replaced by this Agreement. SECTION 27. CONSTRUCTION. The language in all parts of this Agreement shall be construed, in all cases, according to its fair meaning. The parties acknowledge that each party and its counsel have reviewed this Agreement and that any rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement. Any vague, ambiguous, or conflicting terms shall be interpreted and construed in such a manner as to accomplish the purpose of the Agreement. SECTION 28. HEADINGS. The headings of the sections and subsections of this Agreement are inserted for convenience only and shall not be deemed to constitute a part hereof. SECTION 29. SURVIVAL OF CERTAIN PROVISIONS. Notwithstanding any expiration, termination, or cancellation of this Agreement, the rights and obligations pertaining to repayment of grant funds or damages, limitation of liability, indemnification, public information, reporting requirements, retention and accessibility of records, audit rights, rights upon termination, and any other provision implying survivability shall remain in effect after this Agreement ends. SECTION 30. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but such counterparts shall together constitute one and the same instrument. IN TESTIMONY HEREOF, Grantee and the OOG have executed this Defense Economic Adjustment Assistance Grant Agreement, effective as of the date of the last signature below. OFFICE OF THE GOVERNOR GRANTEE _________________________________ ____________________________ Chief of Staff or Designee Mr. Peter Zanoni, City Manager _________________________________ ____________________________ Date Date Page 22 of 30 GRANT AGREEMENT BETWEEN THE OFFICE OF THE GOVERNOR AND THE CITY OF CORPUS CHRISTI EXHIBIT A GRANT BUDGET $901,952.00 Budget. Subject to the limitations within this Agreement, the OOG will reimburse Grantee for actual and allowable allocable costs paid according to the following amounts and budget categories: Budget Category Infrastructure – Purchase of property Infrastructure - Professional & Consultant Services Infrastructure – New Construction Infrastructure - Rehabilitation and Renovation Infrastructure – Capital Equipment 1 Infrastructure – Capital Supplies3 Infrastructure – Facilities Insurance Training Equipment 2 Training Supplies 3 Total $901,952.00 1 Per the UGMS, "Equipment'' means an article of nonexpendable, tangible personal property having a useful life of more than one year and a per-unit acquisition cost of $5,000 or more. 2 Id. 3 Per the UGMS, items of equipment with a per unit acquisition cost of less than $5,000 are considered to be supplies. $654,651.00 $247,301.00 Page 23 of 30 GRANT AGREEMENT BETWEEN THE OFFICE OF THE GOVERNOR AND THE CITY OF CORPUS CHRISTI EXHIBIT B GRANT NARRATIVE UNLESS OTHERWISE LIMITED, DEEMED INAPPROPRIATE BY SPECIAL CONDITIONS OR ALTERED BY APPROVED BUDGET ADJUSTMENTS/BUDGET MODIFICATIONS, the following narrative provided by Grantee in Grantee’s October 30, 2020 grant application applies to this Agreement: Replace a cumulative total of approximately 45,700 linear feet of severely deteriorated 78- year-old steel natural gas main lines and services lines with new six- (6“), four- (4”), and two- (2”) inch medium density polyethylene (MDPE) DR11 pipe, as appropriate, as well as installation of isolation valves, valve boxes, and other fittings, as needed. The new primary natural gas distribution system will be equipped with locator wire(s). Upon installation, the project site areas (parking lot, asphalt roadway and steel reinforced sidewalks and compacted aggregate base and a compacted sub-base) will be restored to at least their original condition. The NASCC base commander had discussions about the importance of this project with the Assistant Secretary of the Navy for Installations and Facilities, who agrees this project is a priority to drive modernization, spur resiliency initiatives and motivate quality customer service. The system is in a state of severe deterioration after decades of constant exposure to severe corrosive and erosive service environments. These system failures and leakages have resulted in significant operational losses of often critical services that subsequently required emergency repairs in order to restore and attempt to ensure both safety and continued reliable operation of the primary natural gas distribution system. These failing service lines are the backbone of Naval Air Station Corpus Christi’s (NASCC) entire natural gas distribution system. The base and its 40 tenants in approximately 75 buildings is one of the top five customers of the City’s natural gas utility. Currently, the base accounts for approximately three to four percent of the natural gas consumed (127,827 MBtu annually). Natural gas provides hot water, heat, humidity control, and is used as a power source for some boiler units. For critical facilities such as the Navy’s Calibration Lab and Air Traffic Control Tower, and other critical areas, maintaining 50 percent or less humidity is required. Natural gas is used for major processes in many Corpus Christi Army Depot (CCAD) areas such as the Plating Shop. Natural gas also provides hot water for sanitization in multiple facilities, including the Naval Health Clinic, Family Housing, and the Commissary. All food services use natural gas for cooking. Page 24 of 30 EXHIBIT C UNIFORM STATE GRANT ASSURANCES Grantee must assure and certify compliance with any and all applicable federal and state statutes, regulations, policies, guidelines and requirements, including, but not limited to, the Uniform Grant Management Standards (UGMS); and Title 1, Part 1, Chapter 4 of the Texas Administrative Code, that govern the application, acceptance and use of federal and state funds for this project. In instances where multiple requirements apply to a Grantee, the more restrictive requirement applies. By accepting the grant award, Grantee certifies and assures that Grantee complies and will continue to comply with the following: 1.Grantee 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 applicant’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 their designee of the organization to act in connection with the application and to provide such additional information as may be required. State agencies are not required to adopt a resolution. 2.A grantee must comply with Chapter 573 of the Texas Government Code by ensuring that no officer, employee, or member of the applicant’s governing body or of the applicant’s contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. 3.A grantee must insure that all information collected, assembled or maintained by the applicant relative to a project will be available to the public during normal business hours in compliance with Chapter 552 of the Texas Government Code, unless otherwise expressly prohibited by law. 4.A grantee must comply with Chapter 551 of the Texas Government Code, which requires all regular, special or called meeting of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. 5.A grantee must comply with Section 231.006 of the Texas Family Code, which prohibits payments to a person who is in arrears on child support payments. 6.No health and human services agency or public safety or law enforcement agency may contract with or issue a license, certificate or permit to the owner, operator or administrator of a facility if the license, permit or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. 7.A grantee that is a law enforcement agency regulated by Chapter 1701 of the Texas Occupations Code must be in compliance with all rules adopted by the Texas Commission on Law Enforcement ("TCOLE"), unless TCOLE certifies that Grantee is in the process of achieving compliance with such rules. 8.When incorporated into a grant award or contract, standard assurances contained in the application package become terms or conditions for receipt of grant funds. Administering state agencies and local grantees shall maintain an appropriate contract administration system to insure that all terms, conditions, and specifications are met. 9.A grantee must comply with Section 261.101 of the Texas Family Code, which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Grantees shall also ensure that all program personnel are properly trained and aware of this requirement. 10.Grantees will comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a)Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans With Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Page 25 of 30 Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 11. Grantees will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. § § 276a to 276a-7), the Copeland Act (40 U.S.C. § § 276c and 18 U.S.C. § § 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. § § 327-333), regarding labor standards for federally assisted construction sub-agreements. 12. Grantees will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P. L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 13. Grantees will comply with the provisions of the Hatch Political Activity Act (5 U.S.C. § 7321-29) which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. 14. Grantees will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. 15. Grantees will insure that the facilities under Grantee’s ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protections Agency’s (EPA) list of Violating Facilities and that Grantee will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. (EO 11738). 16. Grantees will comply with the flood insurance purchase requirements of 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234. Section 102(a) requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. 17. Grantees will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (f) conformity of federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205). 18. Grantees will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 19. Grantees will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.). 20. Grantees will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 21. Grantees will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residential structures. 22. Grantees must adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of State Health Services as required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq. 23. Grantees will comply with Public Law 103-277, also known as the Pro-Children Act of 1994, which prohibits smoking within any portion of any indoor facility used for the provision of services for children as defined by the Pro-Children Act of 1994. 24. Grantees will comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. Page 26 of 30 25. Grantees will comply with all applicable requirements of all other federal and state laws, executive orders, regulations and policies governing this program. 26. Grantee must certify that they are not debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs. Page 27 of 30 EXHIBIT D QUARTERLY PROJECT STATUS REPORT THE CITY OF CORPUS CHRISTI TMPC GRANT NUMBER: 2020-02-06 Expenditures for Quarter Ending [DATE]: Expenditures Description Percentage of Grant Project Completed: Summary of Expenditures to Date: Quarter Ending Expenditures Brief Narrative Explaining Expenditures: Grant Project Status: Grantee’s Duly Authorized Representative: Date: Page 28 of 30 EXHIBIT E PROJECT COMPLETION REPORT THE CITY OF CORPUS CHRISTI TMPC GRANT NUMBER: 2020-02-06 Percent Completed: GRANTEE has successfully completed, and in a satisfactory manner, the GRANT PROJECT. The purpose of the grant was to [GRANT PURPOSE]. The total cost for the Grant Project is as follows: • Grant Project Total $ • Total $ The following is a brief Grant Project scope summary: This is to certify that an inspection of 100% of the completed Grant Project described below was conducted on the ___ day of ________, 20__. Contracts were entered into for GRANT PROJECT between GRANTEE and the following subcontractors: [SUBCONTRACTORS.] This is to further certify that any and all Equipment included as part of the grant budget has been purchased with the specified grant purpose, timeline, budget, and all addenda, change orders, and supplemental agreements thereto. NAME OF GRANTEE: _____________________________________________ Signature of Grantee’s Duly Authorized Representative _____________________________________________ Print Name _____________________________________________ Title _____________________________________________ Date Page 29 of 30 Exhibit F DEAAG PROJECT IMPACT REPORT THE CITY OF CORPUS CHRISTI TMPC GRANT NUMBER: 2020-02-06 Project Name: Grantee Name: Address: Telephone: Fax: Contact Person: E-mail: Time Period Covered by Report: to ________ Grant Project Performance Measures: • Create, retain, or train _____ Jobs by the completion of the Grant Project • Grant Project Description: • Grant Project Address: Jobs Created Time Period Active Full Time Jobs Created, Retained or Students Trained EX. 01/12 – 03/12 Total Page 30 of 30 Breakdown of Jobs Created Job Type Jobs Created or Retained This Reporting Period Total Jobs Created to Date Direct Permanent Jobs Indirect Permanent Jobs Individuals Trained Total Businesses assisted or created this period: _____________________ Businesses assisted or created to date: _____________________ Grant Project Financial Impact • Narrative summary of Impact: • Update on current Grant Project Status (include curriculum updates): THE SIGNATURE BELOW CERTIFIES THAT THE INFORMATION SUBMITTED IN THIS REPORT IS TRUE AND CORRECT TO THE BEST KNOWLEDGE OF GRANTEE. FOR GRANTEE: ______________________________ Signature ______________________________ Print Name ______________________________ Title ______________________________ Date CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year’s portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: July 20, 2021 Legistar Number: 21-0745 Agenda Item: Ordinance accepting and appropriating $901,952 grant from the Office of the Governor from the Texas Military Preparedness Commission’s Defense Economic Adjustment Assistance Grant (DEAAG) in the 1072 Community Development Grant Fund for Naval Air Station Corpus Christi (NASCC) gas distribution system improvements; appropriating $242,818 from the Texas Military Preparedness Commission CIP Fund 3543 as a City match; amending the FY 2021 Capital Budget to add DEAAG NASCC Gas Line Replacement project; and amending the FY 2021 Budget to increase revenues and expenditures by $1,144,770. Amount Required: $ 1,144,770 Fund Name Accounting Unit Account No. Activity No. Contract Amount Certified Amount TMPCCO 3543-051 530010/548130 /550880 21114-3543-EXP 242,818.00 242,818.00 Community Development Grant 1072 550950 870105S 901,952.00 901,952.00 1,144,770.00 1,144,770.00 □ Certification Not Required Director of Financial Services Date: DATE: June 18, 2021 TO: Peter Zanoni, City Manager FROM: Sarah F. Munoz, Interim Director, Parks and Recreation sarahm@cctexas.com (361) 826-3460 STAFF PRESENTER(S): Name Title/Position Department 1. Sarah F. Munoz Interim Director Parks and Recreation 2. Lisa Oliver Interim Assistant Director Parks and Recreation ISSUE: The City of Corpus Christi Parks and Recreation Department will host the Summer Games of Texas on July 29-August 1, 2021. BACKGROUND: The Games of Texas are a series of amateur Olympic-style events held each summer and winter in the State of Texas. They are organized by the Texas Amateur Athletic Federation (TAAF) and are part of the National Congress of State Games. Medalists from the Games qualify to participate in the State Games of America, a biennial multi-sport event. In July 2012 and 2013, the Parks and Recreation Department hosted the Summer Games of Texas. The two-year event had an estimated $15,000,000 economic impact for the City of Corpus Christi. Participants, family members, coaches, sponsors and spectators filled hotels, restaurants, beaches and all the entertainment venues that the City had to offer. Because the Games were so successful, the Parks & Recreation Department applied to TAAF in 2016 to host the Games of Texas for Summer 2020 and 2021 and was selected to host once again. However, the COVID-19 pandemic led to the event being postponed in 2020 and rescheduled for 2021 and 2022. LIST OF SUPPORTING DOCUMENTS: Presentation – Summer Games of Texas Presentation FY 21-22 City of Corpus Christi Hosting Summer Games of Texas 2021 and 2022 AGENDA MEMORANDUM City Council Meeting of June 29, 2021 Games of Texas 2021 1 2 Texas Amateur Athletic Federation (TAAF) •The TAAF is a non-profit organization established in 1925 to promote and organize amateur athletics across the state. Membership includes over 140 organizations and agencies. •The TAAF membership consists of 17 regions within the state of Texas. •Corpus Christi is a part of Region 16 which also includes the cities of Portland and Victoria. Counties are Aransas, Bee, Calhoun, Goliad, Jackson, Jim Wells, Kleberg, Nueces, Refugio, San Patricio and Victoria. 3 Games of Texas •In 1986, TAAF established the Games of Texas. The Games of Texas is a state level competition of which the winning athletes or teams in this event are allowed to advance to national competition. •The Games of Texas has grown to become the largest amateur sporting event in Texas with 10,000 athletes expected to compete in 2021. 4 Games of Texas •In 2012 and 2013 the City of Corpus Christi Parks and Recreation Department was chosen by the Texas Amateur Athletic Federation to host the Summer Games of Texas. •With the success of those games and positive community impact, the Department chose to submit a bid to host the Games of Texas for the summer of 2020 and 2021 and won. •Due to COVID-19 pandemic, the Games were postponed in 2020 and rescheduled for 2021 and 2022. 5 2021-2022! 6 Games of Texas July 29- August 1, 2021 Sporting Events •Opening Ceremony * •Baseball •Beach Volleyball •Boxing * •Disc Golf •Golf * •Flag Football •Soccer •Softball •Swimming * •Tennis * •Track and Field * •Water Polo *Required Events 7 Community Partners/Stakeholders •Corpus Christi Independent School District –Corpus Christi Natatorium –Cabiness Sports Complex Stadium –Ray High School •Visit Corpus Christi •Downtown Management District •Corpus Christi Regional Transportation Authority •13 Sports Organizers 8 Event Budget 9 Operations $ 70,000.00 Professional Services $ 70,000.00 Supplies/Equipment $ 40,000.00 Total Budget $ 180,000.00 10 Games of Texas 2021 Questions ? DATE: June 22, 2021 TO: Peter Zanoni, City Manager FROM: Bill Mahaffey, Director of Gas Operations BillM@cctexas.com 361-826-1801 STAFF PRESENTER(S): Name Title/Position Department Bill Mahaffey Director of Gas Operations Gas ISSUE: The presentation is being delivered in response to City Council’s request for information on the Gas Department’s strategy to expand its presence in the residential market. BACKGROUND: The City Gas Department continues to execute its strategy to expand its’ distribution system and extend gas services to new residential accounts. The success of this plan has come through the leveraging of the department’s Home Builder Program and rebates. To date, there are approximately sixty developers enrolled in the program. LIST OF SUPPORTING DOCUMENTS: PowerPoint – Natural Gas Distribution Expansion The City of Corpus Christi – Gas Department Natural Gas Distribution Expansion Update AGENDA MEMORANDUM City Council Meeting of June 29, 2021 Council Presentation June 29,2021 THE CITY OF CORPUS CHRISTI-GAS DEPARTMENT Natural Gas Distribution Expansion Update 1 Background The City of Corpus Christi Gas Department collaborated with builders to offer Natural Gas as a standard feature in newly constructed homes. An incentive rebate is offered to all builders that commit to building homes with Natural Gas. $1,000 rebate is given to the builder after an inspection of the Natural Gas appliances. Program established- 2009 Approx. 60 builders enrolled Builder Incentives REBATE PER APPLIANCE(S) INSTALLED: •WATER HEATER •CLOTHES DRYER •FURNACE OR STOVE $1,000 •FIREPLACE $75.00 •POOL HEATER $75.00 Builder Program rebates 252 526 463 502 596 605 602 612 2013 2014 2015 2016 2017 2018 2019 2020 PAYOUT •2013 $252,000 •2014 $526,000 •2015 $463,000 •2016 $502,000 •2017 $596,000 •2018 $605,000 •2019 $602,000 •2020 $612,000 Builders Program Taps PER YEAR 138 332 320 475 593 527 629 514 690 668 826 818 0 100 200 300 400 500 600 700 800 900 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 The City of Corpus Christi Gas Distribution System 6 •Mains 1509 Miles •Services 61, 818 •Customers: - Residential 56, 095 - Commercial 3, 117 Home Builder Program Comparison Gas Distributor Appliances Rebate City of Corpus Christi Gas W/H, Dryer or Furnace, Stove, Fireplace, Pool Heater $1,150 Florida Public Utilities W/H, Dryer, Stove, Furnace $1,100 Florida City Gas W/H, Dryer, Stove, Furnace $1,575 SoCal Gas W/H, Dryer, Stove, Furnace, Fireplace, Pool Heater $1,250 CPS Energy W/H, Dryer, & Stove $1,420 Atmos Energy W/H, Dryer, Furnace $600 Questions 8