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HomeMy WebLinkAboutAgenda Packet City Council - 10/12/2021 o',A.,5r.,f,�r s City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 _ x w cctexas.com \ Meeting Agenda - Final-revised City Council Tuesday, October 12,2021 11:30 AM Council Chambers Addendums may be added on Friday. Public Notice: Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. This meeting may be held via videoconference call pursuant to Texas Government Code § 551.127. If this meeting is held via videoconference call or other remote method of meeting, then a member of this governmental body presiding over this meeting will be physically present at the location of this meeting unless this meeting is held pursuant to Texas Government Code § 551.125 due to an emergency or other public necessity pursuant to Texas Government Code § 551.045. A. Mayor Paulette M. Guajardo to call the meeting to order. B. Invocation to be given by Chaplain, Detective Mike Ilse, Corpus Christi Police Department. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Aanya Wheat, Mary Carroll High School Student. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 21-1403 Proclamations declaring September 8, 2021 as "International Literacy Day" and September 2021 as "National Literacy Month". Proclamations declaring October 10-16, 2021 as "Court Observance Week". Proclamation declaring October 2021 as "Domestic Violence Awareness and Prevention Month". Commendation recognizing International Westside (IWS) Astros Shetland Baseball Team. City of Corpus Christi Page 1 Printed on 10/11/2021 City Council Meeting Agenda-Final-revised October 12, 2021 F. PUBLIC COMMENT -APPROXIMATELY 12:00 P.M. To speak during this public comment period, you must sign up before the meeting begins. Each speaker is limited to a total of no more than 3 minutes per speaker. 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. COVID-19 / Flu Season Update b. FY 2022 Adopted Budget Initiatives C. Infrastructure Design Standards Manual Update d. Potential Impact of Natural Gas Price Surge e. Recognition of Service and Retirement of Lisa Aguilar, Sr. Assistant City Attorney H. BOARD &COMMITTEE APPOINTMENTS: 2. 21-1408 Corpus Christi Convention & Visitors Bureau (7 vacancies) Nueces County Tax Appraisal District (2 vacancies) I. EXPLANATION OF COUNCIL ACTION: J. CONSENT AGENDA: ITEMS 3 - 17) 3. 21-1407 Approval of the September 21, 2021 Regular Meeting Minutes and May 21-22, 2021 City Council Retreat. sponsors: City Secretary's Office Consent-Second Reading Ordinances 4. 21-1178 Zoning Case No. 0821-01, Jeffery C. Lundquist: (District 4) Ordinance rezoning a property at or near 4121 Waldron Road from the "FR" Farm Rural District to the "RE" Estate Residential District. (Planning Commission and Staff recommend Approval) City of Corpus Christi Page 2 Printed on 10/11/2021 City Council Meeting Agenda-Final-revised October 12, 2021 Sponsors: Development Services 5. 21-1179 Zoning Case No. 0821-03, Sima and Steve, Inc.: (District 2) Ordinance rezoning property at or near 3413 South Staples Street from the "ON" Neighborhood Office District to the "CN-1" Neighborhood Commercial District. (Planning Commission and Staff recommend Approval) Sponsors: Development Services 6. 21-1189 Zoning Case No. 0821-02, Dominga Flores: (District 1) Ordinance rezoning property at or near 3617 Violet Road from the "FR" Farm Rural District to the "RS-22" Single-Family 22 District. (Planning Commission and Staff recommend Approval) Sponsors: Development Services 7. 21-1222 Ordinance amending the Unified Development Code to establish tree requirements in residential street yards for new construction within the City and its extraterritorial jurisdiction, reducing impermeable surface allowed in residential street yards, increasing open space requirements for residential street yards, modifying landscaping requirements for residential districts; modifying alternative compliance for landscaping; and providing for penalty. (Planning Commission and Staff recommend Approval) Sponsors: Development Services 8. 21-1257 Ordinance authorizing a second amendment to the Wastewater Lift Station Construction and Reimbursement Agreement with Peterson Properties, Ltd. to construct the Wastewater Lift Station for the Greenwood Service Area 5 and according to the Wastewater Master Plan approved on July 6, 2020 and located at the intersection of Westpoint Rd. and S. Padre Island Drive (Highway 358 FWY); and appropriating $33,921.16 from the Wastewater Trunk System Trust Fund to reimburse developer. (District 3) Sponsors: Development Services 9. 21-1221 Ordinance amending Chapter 21 of the Corpus Christi Code by adding compliance provisions pertaining to recyclables, use of recycling carts, and establishing a special collection fee for servicing contaminated carts. Sponsors: Solid Waste Operations Consent-Public Safety First Reading Ordinances 10. 21-1325 Ordinance accepting a grant in the amount of$59,000.00 from the State of Texas Governor's Homeland Security Grants Division for overtime and retirement for sworn police officers supporting the FY 2022 Local Border Security Program; and appropriating $59,000.00 in the Police Grants Fund. Sponsors: Police Department City of Corpus Christi Page 3 Printed on 10/11/2021 City Council Meeting Agenda-Final-revised October 12, 2021 Consent- Contracts and Procurement 11. 21-0725 Resolution authorizing a two-year service agreement with an additional two-year option period, in an amount not to exceed $433,890.21 and a maximum amount not to exceed $883,890.21 if the option period is exercised, for preventative maintenance and repairs of the Breakpoint Chlorination equipment feed system at the Oso Water Reclamation Plant with Grace Water Services, LLC from Katy, Texas, effective upon issuance of notice to proceed, with first-year funding in the amount of$216,945.11 available from the FY 2022 Wastewater Fund. Sponsors: Utilities Department and Finance & Procurement 12. 21-0740 Resolution authorizing a two-year supply agreement for the purchase of laboratory supplies to conduct enterococci testing at the Greenwood Wastewater Treatment Plant Laboratory with IDEXX Distribution Inc. of Westbrook, Maine for an estimated amount of$60,749.82, with FY 2022 funding in an amount not to exceed $30,374.91 available from the Wastewater Fund. Sponsors: Utilities Department and Finance & Procurement 13. 21-1051 Motion authorizing two three-year supply agreements with Sames Motor Company, Inc. of Corpus Christi, Texas and Arnold Oil Company of Corpus Christi, Texas, for Original Equipment Manufacturer Ford Parts for Fleet for a total estimated amount not to exceed $725,000.00, with FY 2022 funding in an amount not to exceed $241,666.00 available through the Fleet Maintenance Service Fund. Sponsors: Asset Management Department and Finance & Procurement 14. 21-1210 Resolution authorizing a two-year service agreement extension to provide investment advisor services with Meeder Public Funds, Inc., in an amount not to exceed $60,000.00 for the first of two option periods, effective September 4, 2021, with first year funding available in the FY 2021-2022 Budget through the General Fund. Sponsors: Finance &Procurement Consent- Capital Projects 15. 21-1218 Motion awarding a construction contract to MAX Underground Construction, LLC, Corpus Christi, Texas, for the Storm Water Infrastructure Indefinite Delivery Indefinite Quantity program, which includes Bridge Rehabilitation, Channel Ditch Improvements, and Citywide Storm Water Infrastructure Rehabilitation/Replacement, in an amount up to $6,000,000.00 for a one-year term, with FY 2022 funding available from Storm Water Capital Fund. Sponsors: Engineering Services, Public Works/Street Department and Finance & Procurement City of Corpus Christi Page 4 Printed on 10/11/2021 City Council Meeting Agenda-Final-revised October 12, 2021 16. 21-1305 Motion authorizing the approval of Change Order No. 1 with Jhabores Construction Company, Inc., Corpus Christi, Texas, for the installation of a wastewater main crossing under Crosstown Expressway at Holly Road, located in Council District 3, in a total amount of$170,108.24, with FY 2022 funding available from the Wastewater Fund. sponsors: Engineering Services and Water Utilities Department General Consent Items 17. 21-1091 Motion authorizing seven Corpus Christi B Corporation Small Business Assistance Agreements with the following entities for one year: LiftFund, Inc., Service Corps of Retired Executives, Texas A&M University - Corpus Christi, and Del Mar College for a total amount not to exceed $701,800 to support small businesses within the City of Corpus Christi. sponsors: Corpus Christi Regional Economic Development Corporation K. RECESS FOR LUNCH L. PUBLIC HEARINGS: (ITEMS 18 - 19) 18. 21-1277 Zoning Case No. 0821-04, Michael Gallardo and Nancy Torres: (District 2) Ordinance rezoning property at or near 4110 Molina Drive from the "CN-1" Neighborhood Commercial District to the "RS-6" Single-Family 6 District. (Planning Commission and Staff recommend Approval) sponsors: Development Services 19. 21-1278 Zoning Case No. 0821-05, Michael McDonough: (District 3) Ordinance rezoning property at or near 6342 Old Brownsville Road from the "RS-6" Single-Family 6 District to the "FR" Farm Rural District. (Planning Commission and Staff recommend Approval) sponsors: Development Services M. INDIVIDUAL CONSIDERATION ITEMS: N. FIRST READING ORDINANCES: (ITEMS 20 -23) 20. 21-0997 Zoning Case No. 0721-01, Southern Builders Co, LLC (District 2). Ordinance rezoning a property located at or near 548 Cole Street from the "CG-2" General Commercial District and "RS-6" Single-Family 6 District to the "RS-TH/PUD" Townhouse District with a Planned Unit Development. (Planning Commission and Staff recommend Approval) sponsors: Development Services 21. 21-1213 Ordinance authorizing the execution of the First Amended Lease and Operating Agreement with Texas State Aquarium Association to adjust the term to 20 years from the effective date of this amendment and provide up to $3,000,000.00 for construction of new Wildlife Rescue Center. City of Corpus Christi Page 5 Printed on 10/11/2021 City Council Meeting Agenda-Final-revised October 12, 2021 Sponsors: Finance &Procurement 22. 21-1395 Ordinance amending the City's Film Ordinance to only require permits for filming that excludes the public from public property, providing for fee and insurance waivers, and providing for existing penalties. Sponsors: Finance &Procurement 23. 21-1185 Ordinance authorizing execution of all documents necessary to accept, amend, and appropriate a grant contract between the Department of State Health Services (DSHS) and the Corpus Christi-Nueces County Public Health District in the amount of$1,550,000 for the period August 18, 2021 through June 30, 2023 for activities to establish, expand, train and sustain public health workforce in support of Coronavirus 2019 (COVID-19) response through the following: hiring four full-time public health positions (two project managers, one public information officer and one accountant), adjusting compensation for current Health District staff who were involved in the pandemic response March 2020 through May 2021, providing indirect cost reimbursement for general government support, and procuring office supplies. Sponsors: Health Department O. BRIEFINGS: P. EXECUTIVE SESSION: (ITEMS 24) 24. 21-1321 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning the acquisition and negotiation of property rights adjacent or near the Laguna Madre, Hustlin' Hornet Drive, Redhead Pond, Debra Lane, and/or Beasley Road and Texas Government Code § 551.072 to discuss and deliberate the potential purchase, exchange, lease, and/or value of real property rights in the aforesaid area(s) where deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. Q. ADJOURNMENT City of Corpus Christi Page 6 Printed on 10/11/2021 CORPUS CHRISTI CONVENTION&VISITORS BUREAU Seven(7)vacancies with term to 10-1-23,representing the following categories:2-Community At-Large,1-Restaurant,1-Attraction Industry and 3-Lodging Industry.[The CCCVB always shall nominate one(1)more individual than the number of positions available in each category]. (The CCCVB is recommending the reappointments of Blanche Candelaria-Morris(Lodging),Johnny Philipello(Attraction),Ramon Pineda(At-Large)and the realignment of Mitchell Kalogridis from Attraction to Restaurant).They are also recommending the following new appointments:Lance Hancock(Attraction)or Steve Banta(Attraction):Deven Bhakta (Lodging),Amy Granberry(Lodging)or Jeremy Clayton(Lodging):and Gabriele Hilpold(At-Large)or Michelle Fraedrick(At-Large). Duties The Corpus Christi Convention&Visitors Bureau solicits various organizations and associations to conduct meetings/conventions/tradeshows within Corpus Christi year- round;to promote the City as a year-round destination;to design and implement an advertising campaign with state,national and international coverage to feature the Corpus Christi area as an attractive region in which to vacation or have conventions or group meetings;to provide support services to conventions in Corpus Christi;to operate visitor information centers;to provide information and advice to businesses interested in tourism and convention-related business in the Corpus Christi area; and to advise the City on projected growth of tourism and convention-related businesses to assist City planning efforts. Composition CCCVB shall be governed by a board of directors(BOARD),which must be composed of twenty-four(24)members.Thirteen(13)will be selected directly by the City Council.The members shall include persons from all areas of the City in order to assure diverse geographic representation on the Board.The members shall be representatives of the following groups:3-lodging industry;3-attraction industry;2-restaurant industry;and 5-community at-large. The following persons or entities,or their designees or representatives,shall serve as additional voting members of the Board by virtue of position held:The Mayor or designee,City Manager or designee General Manager of the Corpus Hooks and Director of Corpus Christi International Airport.The following persons or entities,or their designee or representatives,shall serve as additional non-voting members of the Board by virtue of position held:State Representative from district 32 or designee,State Representative 34 or designee,Director of Regional Transportation Authority,President&CEO of Port of Corpus Christi or designee,President&CEO of Corpus Christi Regional Economic Development Corporation,General Manager of American Bank Center and Athletic Director of Texas A&M University Corpus Christi or designee. Appointments will be for two-year staggered terms.No person may serve as a voting member of the Board for a period longer than six years consecutively,unless such service is required by virtue of the person's position or title or to complete an unexpired term.The CCCVB always shall nominate one(1)more individual than the number of positions available in each category.The City Council will provide serious consideration to the Board's recommendations,but it is not restricted to select members submitted by the CCCVB or any other group. Member size Term Length Term limit 24 2 years 6 years Appointing AttendanceName District Term Appt.date End date Authority Position Status Category Blanche Candelaria Other/Non- Seeking Morris Resident Partial 9/29/2020 10/1/2021 City Council reappointment Lodging Industry 8/10 meetings-80% Seeking Johnny Philipello District 4 2 1/10/2017 10/1/2021 City Council Vice-Chair reappointment Attraction Industry 8/10 meetings-80% Seeking Ramon J.Pineda I District 4 1 Partial 5/11/2021 10/1/2021 lCity Council I Ireappointment lCommunity At-Large 3/4 meetings-75% 10-12-2021 Appointing AttendanceName District Term Appt.date End date Authority Position Status Category Mitchell Davis Kalogridis District 4 1 9/29/2020 10/1/2022 City Council Realign Attraction Industry Not seeking Fred F Soward III District 4 2 5/9/2017 10/1/2021 City Council reappointment Restaurant Industry Not seeking Kendra L Kinnison District 4 2 10/10/2017 10/1/2021 City Council Ireappointment Lodging Industry Melody Nixon-Bice District 5 3 2/10/2015 10/1/2021 City Council Resigned Lodging Industry Alex Harris Other 1 9/29/2020 10/1/2022 City Council Resigned Community At-Large Sam Canavati District 5 2 9/11/2018 10/1/2022 City Council Active Community At-Large Ed Cantu District 5 3 2/9/2016 10/1/2022 City Council Active Community At-Large Richard Lomax District 4 1 9/29/2020 10/1/2022 City Council Active Restaurant Industry Daniel R Suckley District 4 2 9/11/2018 10/1/2022 City Council Chair Active Community At-Large Jennifer J Vela Other 1 9/29/2020 10/1/2022 City Council Active Attraction Industry Corpus Christi Ex-Officio, Corpus Christi Hooks Brady Ballard 1 N/A N/A Hooks Voting Active General Manager America Bank Ex-Officio, American Bank Center Matt Blasy 1 N/A N/A Center Non-voting Active General Manager Ex-Officio, Jorge Cruz-Aedo N/A N/A N/A City Council Non-voting Active RTA State Rep. Ex-Officio, State Rep. Abel Herrero 1 N/A N/A District 34 Non-voting Active District 34 or designee Ex-Officio, Lisa Hinojosa District 4 1 N/A N/A City Council Non-voting Active Port of C.C.Authority Ex-Officio, Michael T.Hunter 1 8/14/2019 N/A Voting Active Mayor's Rep. State Rep. Ex-Officio, State Rep. Todd Hunter 1 N/A N/A District 32 Non-voting Active District 32 or designee Texas A&M Ex-Officio, Texas A&M Athletic Jon Palumbo District 4 1 N/A N/A University-CC Non-voting Active Director or designee Ex-Officio, C.C.International Kevin Smith 1 N/A N/A City Council Voting Active Airport Ex-Officio, Iain D Vasey District 5 1 N/A N/A CCREDC Non-voting Active ICCREDC Ex-Officio, City Manager or Peter Zanoni 11 N/A N/A Voting jActive designee 10-12-2021 CORPUS CHRISTI CONVENTION &VISITORS BUREAU Applicants Name District Status Category Ulysses Arrigoitia District 1 Applied At-Large At-Large *Steve Banta District 5 Applied Attraction Industry At-Large Deven S Bhakta District 5 Applied Lodging Industry At-Large Curt L Broomfield District 1 Applied Restaurant Industry At-Large Blanche Candelaria-Morris Other/ Non-Resident Seeking reappointment Lodging Industry Jeremy C Clayton District 4 Applied Lodging Industry At-Large Hotel Industry Brandon Crowson District 4 Applied Restaurant Industry At-Large Michelle Fraedrick District 4 Applied Restaurant Industry At-Large Amy Granberry Other/ Non-Resident Applied Lodging Industry At-Large Lance N Hancock Other/ Non-Resident Applied Attraction Industry Gabriele Hilpold District 4 Applied At-Large At-Large Attraction Industry Mitchell Davis Kalogridis District 4 Realignment Restaurant Industry At-Large Johnny Philipello District 4 Seeking reappointment Attraction Industry Ramon J. Pineda District 5 Seeking reappointment At-Large Priscilla San Miguel District 5 Applied At-Large At-Large Kirby D Tello District 2 Applied Attraction Industry *Currently serves on TIRZ#4, but appointed by virtue of position. Consequently, he may serve on both boards if appointed. CITY OF CORPUS CHRISTI Submit Date: Aug 02, 2021 Application for a City Board, Commission, Committee or Corporation Profile Ulysses Arrigoitia First Name Last Name Email Address 302 Circle Dr. Street Address Corpus Christi TX 78412 City State Postal Code What district do you live in? W District 4 Current resident of the city? r Yes r• No If yes, how many years? 3 Mobile: (860) 713-9504 Business: (361) 857-0998 Pnmary Phone Alternate Phone Spectrum Reach Advertising Manager Employer Joc--tle Work Address - Street Address and Suite Number 4060 SPID Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78411 1 Ilxiccoc Arrinnitin Work Phone 361.857.0998 Work E-mail address ulysses.arrigoitia@charter.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? c' Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) High School If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) None Why are you interested in serving on a City board, commission or committee? I can contribute with marketing and advertising expertise. uoioad a resume Are you an ex-Officio member of a City Board, commission or committee? r Yes (-. No Ihiccoc Arrinnitin No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r• No Demographics Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes r No Does your employer or your spouse's employer have a City contract? r' Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r^ No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r` Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter NiA. Working with water department marketing creative services. Board-specific questions (if applicable) Ilvccoc Orrinnitin Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Ilxiccoc Orrinnitin Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Ilxiccoc Arrinnitin Ulysses Arrigoitia Greater Corpus Christi Area 860-713-9504 ® linkedin.com/in/ulyssesa Summary Dynamic leader and articulate communicator with a talent for developing highly motivated teams with the mutual goal of company growth and profitability. I am known for inspiring teams to achieve corporal goals and follow through with assignments at the highest level. I am driven to achieve success, in every undertaking, utilizing motivational leadership and business acumen to produce record-breaking results, including over 100% year-on- year base revenue increases. Financial Leadership, Operational Excellence, Performance Management, and TV-Radio-Digital Market Results are assets in action demonstrated throughout my career. Achieving and exceeding revenue, curtailing cost, and driving towards record-breaking results are paramount. Achieved key results by... • Team empowerment • Community involvement • Strategic planning • Strong political alliances • Consumer research • Collaborative leadership • Cross-functional management • Operational excellence Civic Involvement Developed cost-effective campaigns in numerous community efforts including • St. Jude Children's Hospital Radiothon • Educational Awareness Campaign • Don't Drive Distracted Campaign • 1st Annual Univision Career Fair • Hispanic Heritage Month Community Champion Recognition Experience Sales Manager Spectrum Reach Jun 2018- Present (3 years 3 months +) Our core purpose as the markets sales leader is to build and direct a cohesive team of Advertising Account Executives, develop market approach plans, create, communicate and execute sales plans and other market initiatives to meet and exceed expected revenue goals. The team of Advertising Account Executives are responsible for developing, servicing and maintaining a base of local clients Ulysses Arrigoitia - page 1 and/or agencies purchasing advertising on our 300+ cable TV channels, and our digital audience network of online and mobile websites. o Vice President & General Manager MundoFox 2014 - 2015 (2 years) Recruited to launch a MundoFox affiliate and its digital platforms. Tasked with building a team to execute sales, production, news, promotions, social media engagement, public relations, and community engagement. Developed strategic plans to achieve rapid revenue growth, brand recognition, ratings and public service initiatives. Responsible for technical aspects of signal delivery and building new office and studio facilities. Senior Vice President & General Manager Entravision Communications 2004 -2014 (11 years) Led range of functional divisions for Univision/Unimas, LATV television and WNUE-FM radio and its associated websites. Functional areas included sales, marketing, finance, human resources, community relations, and operations. Professional achievements include: *Development and execution of strategic plans impacting the reversal of the declining automotive business resulting in a 51% YOY revenue increase and up to 44% YOY growth in sales for the local automotive category. *Credited for leading community events with cross-functional teams raising funding for: -St. Jude Children's Hospital Radiothon -Educational Awareness Campaign -Don't Drive Distracted Campaign -Hispanic Heritage Month community Champion Recognition *Achieved 44% net revenue growth for Univision, earning a reputation as the fastest growing station among 22 other Univision affiliate stations. ® General Manager Mega Communications 2003 - 2004 (2 years) Monitored ratings, directed operations, and developed action plans to improve station performance. Professional achievements include: • Improved the positioning and image of Hispanic media among local advertisers by drafting a rebuttal book depicting the value and significance of the Hispanic audience. • Promoted a cohesive work environment, ascertaining needs, forecasting future growth, and strategizing with staff, that resulted to a leaner, more productive business model. General Sales Manager Hispanic Broadcasting Corporation 1994-2003 (10 years) Developed sales programs and monitored sales activities, pricing and forecast and budget attainment. Professional achievements include: • Contributed to margin improvement by optimizing cost structure through the creation of an inventory tracker system and cost per point analysis tool. • Controlled major accounts for a staff of 11, resolved escalated client issues and created new revenue- generating programs. $� Operations Consultant Fleming Foods 1982 - 1994 (13 years) Provided consultation and advice to independent grocery operators on sales and operational efficiencies. Liaised with the grocery operators on a daily basis in ensuring the achievement of sales, profit and market share objectives. Improved operational systems and conductive competitive and SWOT analysis. Developed Actionable Plans for improvement leveraging Managing by Objectives methodology. Licenses & Certifications Advanced Broadcast Management - Notre Dame, IN Karrass Effective Negotiations Skills Broadcast • Television • Advertising • Radio • Digital Media • Management • Leadership • Social Media • Marketing Strategy • Video Production Honors & Awards Top 25 Most Influential Hispanics in Central Florida Ad Council PSA Station of the Year Registro Newspaper Executive of the Year Entravision Best Market Proposal of the Year CITY OF CORPUS CHRISTI Submit Date:Apr 01, 2021 Application for a City Board, Commission, Committee or Corporation Profile Steve Banta First Name Last Name Email Address 4833 Wooldridge Rd. Street Address Corpus Christi TX 78413 City State Postal Code What district do you live in? W District 5 Current resident of the city? t' Yes r No If yes, how many years? 7 Mobile: (904) 472-7443 Business: (361) 888-4873 Primary Phone Alternate Phone USS Lexington Museum Executive Director Employer Joe Title Work Address - Street Address and Suite Number P.O. Box 23076 Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78403-3076 Cto%io Rnntn Work Phone 361-888-4873 x310 Work E-mail address steveb@usslexington.com Preferred Mailing Address W Work Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? r Yes c- No Do you currently serve on any other City board, commission or committee at this time? If so, please list: My term on the Housing Authority board expires on April 27, 2021. Education, Professional and/or Community Activity (Present) - Retired Navy. Last job held was Commanding Officer of NASCC. - Member of the South Texas Military Task Force. - Member of TIRZ#4. - Member of CC Rotary. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) N/A Why are you interested in serving on a City board, commission or committee? My position on the LEX, one of the premier tourist attractions in Corpus Christi, makes me uniquely suited to serve the city on the VCC board. Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r• Yes r No Cto%io Rnntn Demographics Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes (. No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes c No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r: No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "N4" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Ctovo Rnntn Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W Attraction Industry Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree cto"o Rnntn Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless 1 am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Ctlawa Renta CITY OF CORPUS CHRISTI Submit Date:Aug 24, 2021 Application for a City Board, Commission, Committee or Corporation Profile Deven S Bhakta First Name Middle Initial Last Name Email Address 40 E Bar Le Doc Dr Street Address Corpus Christi TX 78414 City State Postal Code What district do you live in? W District 5 Current resident of the city? r Yes r No If yes, how many years? 12 Mobile: (361)442-3005 Business: (361) 855-1549 Primary Phone Alternate Phone ZJZ Hospitality Inc President/CEO Employer Job Tstle Work Address - Street Address and Suite Number 1410 Crescent Drive Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78412 rlovon C Rhahtn Work Phone 361-855-1549 Work E-mail address deven@zjzhospitality.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? Yes (- No Do you currently serve on any other City board, commission or committee at this time? If so, please list: Nothing direct but Chairman of the Air Services Task Force with the United Chamber and Airport leadership to engage businesses to fly CRP. Education, Professional and/or Community Activity (Present) Texas Hotel & Lodging Association (THLA) - Board Member- Nueces Country Representative- 11 Years Port Aransas Tourist Bureau/Chamber of Commerce- Immediate Past Chair Ronald McDonald House- Board Member Art Museum of South Texas Board of Trustees United CC Chamber Air Services Task Force - Chairman Corpus Christi Country Club Board of Governors Why are you interested in serving on a City board, commission or committee? I am interested in the VCC Board as I have been in and around the tourism business my whole life. My company currently owns 7 hotels in Corpus Christi and is in development of another in the SEA District. I have worked with Brett since the day he took his role at VCC and feel like the organization has outstanding leadership and i feel i can help him achieve what we in the hotel industry have expected for a long time. I have served on leadership roles in the industry from nationally with Holiday Inn Hotels to being on the Texas state board for over a decade as well as serving on Port Aransas CVB Board for over a decade as well. My reach and networking will help VCC progress in where they want and need to be and as one of the largest hotel owners in Corpus Christi, their success will bring us success. -.pied s Res:me Are you an ex-Officio member of a City Board, commission or committee? c Yes (-. No rloion C Rh�Ut� No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics Gender W Male Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes (-. No Do you, your spouse, your business or your spouse's business have a City contract? Yes r No Does your employer or your spouse's employer have a City contract? r Yes r• No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes (.- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) rlo%ion C Rhnlstn Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W Hotel Industry Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 9 1 Agree nn%/nn C IQhoLtf3 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath 1 swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree rlo%ion C RhnLtn ' COMMUNITY INVOLVEMENT 2009 2012 IHG Owners Association Extended Stay Committee 2010 2019 United Corpus Christi Chamber of Commerce 2018 Chairman 2018 Chairman of Foundation 2017 Merger with Hispanic Chamber Committee 2017 Government Affairs Chairman 2009 Present Port Aransas Chamber of Commerce 2016 Present Chairman 2018 Present Chairman of Foundation 2012 Present Economic Development Committee 2009 Present Texas Hotel and Lodging Association 2016 2019 Labor Relations Chairman 2011 2017 Ronald McDonald House Charities of Corpus Christi 2015 2017 House and Grounds Chairman 2012 2016 March of Dimes 2014 2016 Board Chairman 2014 2016 State Advisory Committee 2012 2016 Del Mar College Foundation Board of Trustees 2015 2016 Executive Committee 2016 Signature Chefs Chairman - March of Dimes 2019 American Heart Association Heartwalk Chairman 2019 Present Air Service Task Force Committee - Chairman Citywide Committee by City to study direct flights 2019 Present Corpus Christi Country Club Board of Governors Vice President 2020 Present Ronald McDonald House Charities of Corpus Christi Task Force to Develop New House 2020 Present Art Museum of South Texas - Board of Trustees CITY OF CORPUS CHRISTI Submit Date: Jun 30, 2021 Application for a City Board, Commission, Committee or Corporation Profile Curt L Broomfield First Name Middle Initial -ast Name Email Address 3725 Castle View Cir Street Address Corpus Christi TX 78410 Citi' State Festal erode What district do you live in? W District 1 Current resident of the city? r: Yes r No If yes, how many years? Over 50 Mobile: (361) 765-8472_ Mobile: (361) 765-8472 Primary Phone Alternate Phrne Retired US Marine/CEO South Beach Grill/ Photographer N/A Employer Job?itle Work Address - Street Address and Suite Number N/A Work Address - City N/A Work Address - State N/A Work Address - Zip Code N/A ('r trt I Rrnnmfiolrl Work Phone N/A Work E-mail address N/A Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Roy Miller High School Many Schools From The US Marine Corps. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Just Airport Board. Marina Board Why are you interested in serving on a City board, commission or committee? I have been on the CVB Board and Chairman of the Marina board for 4 years. I know this City and I have ideas to help. Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No ('i in I Rrnnmfinlrl Demographics Gender W Male Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) ('i in I Rrnnmfiolrl Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W Restaurant Industry Question applies to MARINA ADVISORY COMMITTEE The Marina Advisory Committee preferred representatives from certain categories. Do you qualify for any of the following categories? * W Employee or Affiliate of Restaurant located within boundaries of Corpus Christi Downtown Management District Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree ('i in I Rrnnmfiolrl Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree (`i in I Rrnnmfinlri CITY OF CORPUS CHRISTI Submit Date: Aug 18, 2021 Application for a City Board, Commission, Committee or Corporation Profile Mrs. Blanche Candelaria-Morris Prefix First Name Last Name Email Address 1014 Adeline Street Address Sinton TX 78387 City State Postal Code What district do you live in? W Other/Non-Resident Current resident of the city? Yes r No Business: (361) 886-3557 Mobile: (832) 971-5146 Primary Phone Alternate Phone Omni Hotels & Resorts Corpus Christi Director, Sales & Marketing Employer Job Title _ Work Address - Street Address and Suite Number 900 North Shoreline Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78401 Work Phone 361-886-3557 KArc Pinnrho ('fanrJol!nri!a_AAnrric Work E-mail address bcmorris@omnihotels.com Preferred Mailing Address W Work Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) High School Dipoloma Former Greater Corpus Christi Hospitality Board Member PAC Member Sinton ISD If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) NA Why are you interested in serving on a City board, commission or committee? Serving on the Convention &Visitors Board would be an honor. As an ambassador for the Corpus Christi Community, bringing business to our great city is my passion. I have also had the pleasure of being part of a team that recogonizes the potential and future potential of targeting like markets to showcase what Corpus Christi has to offer. The full experience. I would appreciate the opportunity. Jplcud a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No hArc Pinnnho r'nnrJ,mInrin_nArirric Demographics Gender W Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r• No Does your employer or your spouse's employer have a City contract? rYes r' No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes c: No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "Na" to all questions above, please enter N/A. NA Board-specific questions (if applicable) AArc Rlnnnhn ('nnrJolnrin_KAnrric Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W Hotel Industry Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree KArc Rlonrhn ('nnrJolfarin_AAnrric Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree KArc PInnrho 1'anr1n1nrin_KAnrric Blanche Candelaria-Morris 1014 Adeline Sinton, Texas 78387 832.971.5146 2007- Current Omni Hotels & Resorts Omni Corpus Christi Hotel Current Role: Director Sales & Marketing The Director of Sales and Marketing's role is to conceive, plan, direct, control and implement all strategies and activities to generate and maximize overall hotel revenues, through marketing, sales, promotion, advertising and public relations that will impact positively on all operating departments of the hotel, thereby resulting in a profitable return on the ownership's investment. To oversee, stimulate, guide and support the Sales operation and the Convention Services Department; work closely with the Catering Department to maximize catering revenues: maintain positive interdepartmental communications; contribute to the overall direction and operation of the hotel and to effectively control and minimize all marketing expenses while exceeding overall budgeted revenues and occupancy. Responsibilities • Ensure full maximization of room's potential. • Maintain emphasis on exceeding established group rate guidelines. • Develop, maintain and implement strategies/action plans to generate revenues for the hotel. • Stimulate productivity of all sales staff through guidance, development and support. • Develop, maintain and implement creative packages to fill identified need periods in all markets. • Active solicitation of key accounts to generate direct sales. • Responsible for all Social Media • Maintain Sales Team's focus on a Proactive Solicitation environment. • Assist in the achievement of overall Food and Beverage revenue. • Design and seize all advertising and public relations opportunities. • Develop, maintain and implement the budgeting and forecasting process. • Effectively control all marketing expenses to insure optimum operating profit. • Ensure that all administration procedures are in place and functioning effectively. • Promote high visibility of hotel through active involvement in industry associations and trade shows. • Provide proper collateral and information vehicles to keep customers informed an updated on the hotel. • Ensure a challenging and exciting environment to encourage full career development and personal growth. • Support and promote all corporate programs to increase customer awareness of Omni Hotels and ensure that the customer receives the appropriate benefits of each program. • Through the Convention Services Department, maintain product and assure the protection and cleanliness of the owner's physical assets. 2015-2017 Omni Corpus Christi Hotel Director of Group Sales 2011-2014 Omni Corpus Christi Hotel Express Sales 2007-2011 Omni Corpus Christi Hotel Director of Banquets 2006-2007 Holiday Inn Houston Airport Houston, TX Director of Catering 1996-2006 Hyatt Regency Houston Airport Houston. TX Catering Sales Manger Director of Outlets Banquet Manager Banquet Captain Achievements: 2011 Manager of the Quarter Omni Hotels & Resorts 2014 Sales Manager of the Year Omni Hotels & Resorts 2016 Manager of the Quarter 2017 Achieved 106% Total Hotel Revenue & GOP/ .1% Positive Rev Par Growth 2018 Achieved 101% Total Hotel Revenue & GOP/ .3% Positive RevPAR Growth 2018 Director, Sales & Marketing of the Year Nominee Omni Hotels & Resorts 2018 Team of the Year Nominee Omni Hotels & Resorts 2019 Forecasted to achieve 99% Hotel Revenue &GOP/ .6% positive RevPAR growth. Finished +- .2% RevPAR growth 2019 # 2 for all of Omni Hotels & Resorts Meeting Planner Medallia Survey Score 2019 Director, Sales & Marketing of the Year Nominee Omni Hotels & Resorts CITY OF CORPUS CHRISTI Submit Date: Sep 27, 2021 Application for a City Board, Commission, Committee or Corporation Profile Mr. Jeremy C Clayton Prefix First Name Middle Initial Last Name Email Address 15245 Capstan St. -------------------- ------------------------------ Street Address Corpus Christi TX 78418 City State Postal Code What district do you live in? P District 4 Current resident of the city? r Yes r No If yes, how many years? 20 Mobile: (361) 960-7873 Business: (361) 949-0430 Primary Phone Alternate Phone Padre Escapes VacationRentalsManaging Partner __- Employer Job Title Work Address-Street Address and Suite Number 14945 S. Padre Island Dr. Work Address-City Corpus Christi Work Address-State TX Work Address-Zip Code 78418 KAr lorcmw r ('Inxrtnn Work Phone 361-949-0430 Work E-mail address jeremy@padreescapes.com Preferred Mailing Address Pr Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity(Present) BBA In Business Administration with Emphasis on Marketing from TAMUCC Halfway through MBA at TAMUCC Coastal Conservation Member Surfrider Foundation Member Trout Unlimited Member If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) I only applied for one. Why are you interested in serving on a City board, commission or committee? Because I believe I can have a meaningful impact and help the city continue in the positive direction it's been going while also give a voice to the (legal) short-term rental community. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No AAr lcromw r ('Inxitnn No person shall be appointed by the Mayor or Council Members to serve on more than one board,commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics Gender rJ Male Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse,your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer"Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) KAr laromv r rInxitrm Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention &Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W Lodging Industry Verification City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. PJ I Agree City Code Requirement-Attendance As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination.An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. rJ I Agree hAr loromw (' ('Iwtnn Consent for Release of Information understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. rJ I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. rJ I Agree Ur lornmw (` r''Iaxitnn WORK EXPERIENCE JEREMY MANAGING PARTNER CLAYTON PADRE ESCAPES I March 2013 - Present • Founding Partner of Padre Escapes Vacation Rentals. • Manage up to 100 employees across 5 departments. MANAGING • Collaborate with department managers on new ideas, strategies,&department performance. PARTNER • Responsible for acquiring new property owners to join Padre Escapes,over 300 properties added. • Senior level participant in all aspects of the business. • Budget forecasting for peak and non-peak seasons based on SKI LLS past performance and current market conditions. • Review financial documents of potential condominium teamwork. complexes during RFP process to assess past performance management and find opportunities to increase revenue generation. Data analysis for clata-driven management • Monthly reconciliation of property owner statements Budget management& planning • Prepare and present reports on rental performance to Financial & business operations analysis property owners at quarterly&annual association meetings. Analytics tracking & reporting • Implement&manage dynamic pricing software, Beyond Dynamic rate management Pricing,to maximize nightly rental rates&revenue. Marketing campaign management • Identify trends in rates,occupancy, booking source,customer Client&vendor relations demographics, location, property size, bed size &more to find &address market needs&opportunities. • Define customer personas&how to best reach them at different stages of the customer journey. COMMUNITY . Research,design,& manage digital advertising including SEO, SEM,targeted marketing to guests&new owners, retargeting, Surfrider Foundation website content,e-mail campaigns&social media ads. Montessori School Corpus Christi • Analyze campaign data to provide actionable insights on BaseballVisit Corpus Christi performance of seasonal marketing campaigns. Laguna Little League • Manage property listings including property descriptions Coastal • • • • Trout Unlimited photos,&videos. • Manage advertising channels such as VRBO,AirBnB,etc. Work with third party vendors to design company website, app,&implementing new operations management systems. ACADEMIC HISTORY • Research,implement&train staff on new technologies to Texas us Christi improve user experience&improve company efficiency. Bachelor of Business Administration• • Troubleshoot issues within property management system, website,&other 3rd party platforms. • Oversee guest experience,ensuring every guest has a pleasant stay&resolving any customer issues. REFERENCES OWNER/OPERATOR Doug Covered Up Surf & Skate LLC 1 2008 - 2013 Client with Padre Escapes • Developed &presented business plan to acquire start-up ' ••• capital from financial institutions&investors. doug@goshaw.cornManaged all aspects of the business. • Strategically selected store location&negotiated terms of Mike Thompson lease,designed &merchandised store layout. Account - Researched industry trends to discover new opportunities. 805-816-5543 • Planed &executed traffic driving events such as art shows, ' ' ' ' movie premieres,&surf contests. • Directed on-air commercials,TV&radio production. • Developed surf team to compete in regional competitions. CONTACT DETAILS PLATFORMS • Escapia Property Management System, Beyond Pricing, Behome247, Breezeway,Google Analytics,Google Ads,Google 15245 Capstan St. My Business. Facebook Business Manager,Wordstream,Asana, Corpus Christ,TX 78418 Zoom,Canva, Microsoft 365 including Excel,Word, PowerPoint, Outlook,Adobe Pro, Rush,&Spark CITY OF CORPUS CHRISTI Submit Date: Apr 09, 2021 Application for a City Board, Commission, Committee or Corporation Profile Brandon Crowson First Name Last Name Email Address 8110 Denali Dr Street Address Corpus Christi TX 78414 Cdy State Postal Code What district do you live in? W District 4 Current resident of the city? r Yes r No If yes, how many years? 25 Mobile: (361) 585-9977 Home: (361) 585-9977 Primary Phone Alternate Phone IBC Bank Senior Loan Analyst Emcloyer Job Title Work Address - Street Address and Suite Number 221 S Shoreline Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78401 RrnnrJnn (`rn%Arcnn Work E-mail address brandoncrowson@ibc.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: I do not serve currently on a City board. Why are you interested in serving on a City board, commission or committee? am a young professional seeking involvement in the city to help support and serve my community. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r• Yes r No Demographics Gender W Male Code of Ethics- Rules of Conduct/Conflicts of Interest Rrnnrinn rrr%Mcnn Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r• Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r' Yes r No Does your employer or your spouse's employer have a City contract? r• Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r• Yes rNo Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r• Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r• Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to BUILDING STANDARDS BOARD The Building Standards Board preferred representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to BUILDING STANDARDS BOARD Are you a Homeowner in the City of Corpus Christi? r• Yes r No Question applies to CIVIL SERVICE COMMISSION,CIVIL SERVICE BOARD Have you resided in the City for at least 3 years? r Yes r' No Rrnnrinn ('rnMenn Question applies to CIVIL SERVICE COP;MISSION,CIVIL SERVICE BOARD Have you held public office during the past 3 years? r Yes r No Question applies to CIVIL SERVICE COMMISSION,CIVIL SERVICE BOARD Are you over 25 years of age? r Yes r No Queston applies to CIVIL SERVICE COMMMISSION,CIVIL SERVICE BOARD Are you a U.S. Citizen r Yes r No Question applies to CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION LOAN REVIEW COMMITTEE The CCCIC/Loan Review Committee must include representatives from certain categories. Do you qualify for any of the following categories? W Financial Institutions Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? • Hotel Industry • Restaurant Industry Question applies to HUMAN RELATIONS COMMISSION The Human Relations Commission preferred representatives from certain categories. Do you qualify for any of the following categories? 9 None of the above Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY;TX (For Port of CC) Are you a resident of the Port Authority district and an elector" of Nueces County? r Yes r• No Questcn applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX (For Port of CC) Have you been a resident of Nueces County for at least 6 months? r Yes r No Rrnnrinn r'Yn\A/Cnn Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r•' Yes r- No Question applies to CORPUS CHRISTI COMMISSION ON CHILDREN&YOUTH The Commission on Children & Youth preferred representatives for adult membership from certain categories. High school students must be a Junior or Senior at time of appointment. Do you qualify for any of the following categories? W Adult At-Large Question applies to CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT The Corpus Christi Downtown Management District must include representatives from certain categories. Do you qualify for any of the following categories? " W Agent Employee or Tenant Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a registered voter? r Yes r No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree PronrJnn (`rn1n1cnn City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree RrnntAnn ('rnlnrcnn BRANDON CROWSON 8110 Denali Dr. Corpus Christi, Texas 78414 • 361-585-9977 Detail-oriented professional with experience in hospitality operations management, strategic planning, marketing, and training development. Natural leader with the ability to lead teams to process and manage large volumes without compromising service and quality. Excellent communicator with the ability to identify problems and organize solutions to gain revenue for overall budgeting. SKILLS Communication (Verbal & Written) Service Oriented Adaptability Strong Work Ethic Goal Oriented Organization High Stress Tolerance Critical Thinking - Decision Microsoft Office Making Training & Development Public Speaking Independent EDUCATION 2014 - 2019 BACHELOR OF BUSINESS ADMINISTRATION - MANAGEMENT, TEXAS A&M UNIVERSITY - CORPUS CHRISTI 01-2019 - PRESENT BACHELOR OF BUSINESS ADMINISTRATION - ACCOUNTING, TEXAS A&M UNIVERSITY - CORPUS CHRISTI EXPERIENCE 01-2020 - Present DIRECTOR - OPERATIONS, DIAMOND BEACH HOLDINGS - WAVES RESORT CC • Guided training and development of employees to increase employee morale • Reduced operating costs by 25% by negotiating price points with multiple vendors • Achieved high guest satisfaction rates • Initiated and led a cross functional team of management team members to enhance guest experience • Developed and implemented Sales and Marketing campaigns that include web, print, and social media platforms to increase property revenue • Analyzed financials to ensure proper budgeting between property departments • Directed and developed a staff of 4 managers, 2 supervisors, and 150 seasonal BRANDON CROWSON 8110 Denali Dr. Corpus Christi, Texas 78414 361-585-9977 associates to achieve the organization's vision, • Processed Accounts Payable transactions which included generating checks, organizing, distributing, and month end journal entries. 12-2018 - 12-2019 DIRECTOR - OPERATIONS, PORT ROYAL OCEAN RESORT • Budget preparation and cost analysis reporting • Lead teams in high profile and volume events • Achieve high guest satisfaction during peak/non-peak seasons • Responsible for operations within the Food and Beverage and Guest Services Departments • Developed and implemented Sales and Marketing campaigns that include web, print, and social media platforms • Directed and developed a staff of 2 managers, 3 supervisors, 12 FOH employees, and 35 seasonal student associates to achieve the organization's vision. 06-2017 - 12-2018 FOOD AND BEVERAGE MANAGER, PORT ROYAL OCEAN RESORT • Assisted in hiring and training of F&B employees for all levels including hourly and leadership positions. • Prepare annual and monthly budgets, cost analysis, employee performance reviews, and additional quarterly and weekly department progress reports. • Oversee administrative tasks, including reporting, training, equipment and food ordering, maintenance, and other needs as they arise. • Responsible for directing all aspects of catered events including menu development, contracts, and vendor relations. • Interact daily with hotel and dining guests to promote brand and accept feedback. • Maintain communication with management staff of hotel and operation directors. • Reduce food, liquor and supply cost significantly and maintained a consistent 28% food cost and 16% liquor cost, by implementing policies and inventory control. • Through cross training, integrated personnel to maximize efficiencies and maintained low employee turnover. • Created detailed events for groups (Banquet Event Order) 07-2016 - 06-2017 FOOD & BEVERAGE SUPERVISOR, PORT ROYAL OCEAN RESORT • Managed staff of up to 30 service and kitchen, including hiring, training, and scheduling • Responsible for assisting in all aspects of catered events including menu 2 BRANDON CROWSON 8110 Denali Dr. Corpus Christi, Texas 78414 361-585-9977 development, contracts, and vendor relations • Responded to sales and catering inquiries, scheduled site tours and met with potential clients to educate and sell them on the services that the hotel offers. • Coordinated with the catering and banquet staff to ensure the efficient execution of all events. • Hire, train, schedule catering staff, and actively involved with labor cost control, food cost control, and preparation, transportation, setup, operation and break-down of all events. 3 CITY OF CORPUS CHRISTI Submit Date: Aug 30, 2021 Application for a City Board, Commission, Committee or Corporation Profile Michelle Fraedrick First Name Last Name Email Address 4106 Tarpon PI. Street Address Corpus Christi TX 78411 City State Postal Code What district do you live in? W District 4 Current resident of the city? r• Yes r No If yes, how many years? 10 Mobile: (361) 903-0688 Home: (361) 903-0688 Primary Phone Alternate Phone Matcha Konomi LLC & Bien Merite LLC President Emoloyer Job`itle Work Address- Street Address and Suite Number 110 Tarlton St Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78415 AAirhollo Crnor-Irirl- Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? (.- Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Why are you interested in serving on a City board, commission or committee? To serve my community in a an area that I contribute in. Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r: No Demographics Gender W Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r• No AAirhollo C:rnnrJri/`I! Do you, your spouse, your business or your spouse's business have a City contract? r• Yes �- No Does your employer or your spouse's employer have a City contract? r• Yes r• No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r' Yes (-. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r' Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. if you answer "NO" to all questions above, please enter N/A. NA Board-specific questions (if applicable) Ouestion applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W Restaurant Industry KAirrhollo Crnor1rirr1s Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree KAinhollo CrnorJrit-L CITY OF CORPUS CHRISTI Submit Date: Aug 20, 2021 Application for a City Board, Commission, Committee or Corporation Profile Amy Granberry First Name Last Name Email Address 209 Pecos Street Address Porltand TX 78374 City State Postal Code What district do you live in? W Other/ Non-Resident Current resident of the city? r• Yes r No Home: (361) 774-2320 Home: (361) 749-3705 Primary Phone Alternate Phone Port Royal Ocean Resort General Manager Employer Job Title Work Address - Street Address and Suite Number 6317 State Hwy 361 Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78373 Work Phone 361-749-3705 Am%/ (,rnnhorni Work E-mail address agranberry@port-royal.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: no Education, Professional and/or Community Activity (Present) United Corpus Christi Chamber of Commerce (UCCCC) Board of Directors UCCCC Public Policy Chair American Heart Association-Circle of Red Why are you interested in serving on a City board, commission or committee? As a member of the hospitality industry, I want to be a part of the exciting growth in Corpus Christi. We have a beautiful city and tourism supports economic growth. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r• Yes r•' No Demographics Gender W Female Code of Ethics - Rules of Conduct/Conflicts of Interest Amxi (,rnnhnrni Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r' No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r: No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes (-. No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes (-. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r: No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. NA Board-specific questions (if applicable) Question applies:Q CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W Hotel Industry Amv (,rnnharrw Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Amv (_rnnhorni Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Amv (;rnnhorrxi Amy Rhoads Granberry, BS, MBA, SPHR 209 Pecos, Portland,Texas 78374*(361) 774-2320 Executive Leadership/Business Development/Leadership development Goal-oriented, internally motivated professional with twenty-two years'experience in business development, fundraising, marketing, fiscal management, organizational development and government/public relations. Seeking senior level position where my skills can be utilized to support the growth of a mission driven organization. Hospitality Management ❑ Provide oversight, leadership and guidance to staff in operations of condos/resort. ❑ Work with condo owner's association to achieve the goals of the organization ❑ Customer service and guest experience Leadership and Planning ❑ Create leadership development program and act as mentor for program managers and supervisors to create stronger teams and individual leaders. ❑ Created and served as lead for Employee Council (a multi discipline, cross agency team)- utilized to create, implement, and monitor employee retention, morale and wellness programs ❑ Led the creation and implementation of first strategic plan for Charlie's Place. ❑ Led the creation of a quality management program including serving as lead of cross functional/discipline team as well as writing, implementation, follow up and reporting. ❑ Led organization through rebranding process including development of mission, vision, core values. Support team in creating a culture where values are exhibited daily reducing staff turnover from 85%to 12%in an industry with an average of 53% annual turnover. ❑ Led fifty-three-year-old organization (Charlie's Place)through merger with larger company (Cenikor Foundation) to create expanded services for the community. Business Development/Marketing/Communications ❑ Redesign business development department and team including developing metrics, marketing materials and collateral for use across 13 locations. ❑ Manage marketing team including digital, social, traditional media and website. ❑ Develop video campaign to highlight success stories from across the foundation. ❑ Manage relationship with marketing firm including contracting, creative development and reporting to the Board of Directors. ❑ Liaison with crisis media firm to ensure appropriate proactive responses as needed. ❑ Develop external and internal communication and messaging during COVID 19 to ensure continued referrals and maintain positive relationships. ❑ Responsible for writing and editing all external messaging including quarterly newsletter and annual report ❑ Community outreach and networking and public speaking to improve agency relations, increase awareness and grow base of supporters. ❑ Writing Op-Eds and press releases as needed to promote services. Development/Fundraising ❑ Workwith decision makers in business to gain sponsorship for events. ❑ Project management of construction and fundraising for a $4 million capital campaign for Charlie's Place. Delivered project on time and under budget. ❑ Responsible for all grant writing for non-profit agency. Have written over $20+ million in new funding for the agency. Handled renewal process for an additional $25+ million in funding. Supervision of grant team in the writing of$15 million in funding. ❑ Responsible for working with the Board of Directors to plan and execute at least two fundraising events per year while working at Charlie's Place. Research and development of new funding sources and foundation support. ❑ Act as spokesperson for Cenikor Foundation as needed, handle all media relations and coordinate appropriate spokesperson for ten local markets. ❑ Create and provide training to local facility leadership across foundation to develop and grow relationships with referral partners, donors, foundations, and community stakeholders. ❑ Act as spokesperson for Charlie's Place, handling all media relations for agency Policy and Government Affairs ❑ Manage public and government affairs for Cenikor Foundation in Texas and Louisiana including management of Texas lobbyists. ❑ Plan, manage and execute government and public relations for Charlie's Place and the Association of Substance Abuse Programs. ❑ Develop and maintain relationships with government and elected officials at local, county, state and federal level throughout 19 counties of South Texas. ❑ Served as Legislative Chair for Texas Homeless Network-hosting the first annual Homelessness Awareness Day at the Capitol during 2011 Legislative Session. ❑ Hosted legislative luncheon during both the 815` -85d' legislative sessions for all elected officials in South Texas. Hosted inaugural event for Cenikor Foundation during 86' legislative session for delegation across all communities served. ❑ Served as legislative Committee chair for Association of Substance Abuse Programs since 2012. Coordinating statewide legislative and policy work for the Association and members. ❑ Created collaborative to host Recovery Day at the Capitol in 85`'' and 86d' sessions, planning in progress for next session as well as Advocacy training of over 350 advocates. ❑ Worked with Association of Substance Abuse Programs to obtain successful passage of HB 3105 (83`d Session), HB 3135 and HB 3136(82°d session) benefiting all substance abuse providers in Texas, SB 1506(84d'session), HB 1486(85d'session) ❑ Testify as necessary to legislators, councils and commissioners' courts, and state agencies throughout 19 counties of South Texas and at the state level. Provided invited testimony to Select Committee on Mental Health(85 ) and Select Committee on Opiates and Addiction (86d') Medical ❑ Recruit, contract and manage 8 medical directors and 4 Nurse Practitioners ❑ Manage Director of Nursing. ❑ Oversee and lead standardization of all medical protocols, policies and procedures for 6 detox units. Human Resource Management ❑ Certified Senior Professional in Human Resource Management(2013-present. Professional in Human Resource Management(2000-2012) ❑ Responsible for creating human resource department for non-profit organization including all aspects of human resources including policy creation, compliance to all laws and regulation, benefits program design and purchasing, employee relations, and creation of ❑ Direct reports ranging from 4 to 20 staff in various positions and indirect reports of up to 96 employees. ❑ Manage remote work force and teams in multiple locations. Fiscal Management ❑ Develop, implement and manage agency and department budgets. ❑ Fiduciary responsibility for organization. ❑ Worked with team to grow agency from $1.4 million revenue to $8 million revenue with $2 million net last year before merger. Other Non-profit experience ❑ Responsible for compliance with all regulatory agencies associated with Charlie's Place. ❑ Serve as liaison for regulatory agencies, contracting agencies, government agencies, foundations and businesses who provide funding to Charlie's Place and Cenikor Foundation. ❑ Serve as Project Director for SAMHSA funded grant/research project. ❑ Oversight of 25 seat, multiple location call center for client access. Manage leadership of call center.Work with cross functional team to create efficiencies, reducing dropped call rate from 52%to 13%while improving customer service. Work Experience Port Royal Ocean Resort General Manager Dec 1, 2020-present Cenikor Foundation Vice President-Client October 1, 2018-Nov, 20,2020 Engagement Charlie's Place Chief Executive Officer April 2014-Sept 30, 2018 Chief Operating Officer January 2013-March 2014 Dir. Of Organizational August 2004-January 2013 Development Women's Shelter of South Texas Internal Operations September 2002-July 2003 Director Charlie's Place HR Manager March 1999-August 2002 Business Affiliations/Community Service/Awards ❑ United Corpus Christi Chamber of Commerce Board of Directors, January 2021-present ❑ American Heart Association-Circle of Red, June 2020-present ❑ United Corpus Christi Chamber of Commerce Government Affairs committee chair January 2018-present ❑ Board Member-Association of Substance Abuse Programs January 2012-September 2019, Legislative Director February 2012—November 2020 ❑ Governor Appointee to Specialty Courts Advisory Committee January 2012-November 2020 ❑ Nueces County Opioid Task Force 2019-November 2020(Government Committee Chair) ❑ Leadership Corpus Christi Advisory Committee 2014-2016 ❑ Leadership Corpus Christi Class 40, Class 42 Steering Committee ❑ Governor Appointee to Housing and Health Services Coordination Council-November 2009-2015 ❑ MHMR of Nueces County Planning and Networking Advisory Committee June 2005-2013, Chair 2008-2009, Vice Chair 2005-2006, 2013 ❑ Board Member-Texas Homeless Network January 2007-2013, Policy and Advocacy Chair ❑ Corpus Christi Human Relations Commission 2001-2004 ❑ Corpus Christi Business and Professional Women-1997-1999 Served on Individual Development committee 1997, chair in 1998. Vice President 1998. Public Relations chair 1998, and Newsletter Co-editor 1998. ❑ Corpus Christi Southside Kiwanis—Distinguished Secretary 2004. Distinguished President 2000-Academic Athletic Breakfast Chair for 1997, 1998, 1999. Board of Directors 1998-2004. Kiwanian of the Year 1997-1998 year. ❑ Ready or Not Foundation Best Dressed Awardee(2019) ❑ Y Woman in Careers honoree(2014) ❑ Corpus Christi Top 40 under 40 honoree (2010) ❑ Texas Homeless Network Volunteer of the Year 2004 Education/Other MBA in Strategic Leadership(Amberton University May 2020). Bachelor of Science- Human Relations and Business Administration 2008 (Amberton University). CITY OF CORPUS CHRISTI Submit Date: Sep 22, 2021 Application for a City Board, Commission, Committee or Corporation Profile Lance N Hancock First Name Middle Initial Last Name Email Address 4005 Ridge Trail Street Address Robstown TX 78380 City State Postal Cade What district do you live in? W Other/Non-Resident Current resident of the city? r Yes No Mobile: (832) 205-44.82_ Business: (361) 221-0828 Primary Phone Alternate Phone General Manager Retail King Ranch Operations_ _ Employer Job Title Work Address - Street Address and Suite Number 201 E. Kleberg St Work Address - City Kingsville Work Address - State Tx Work Address - Zip Code 78363 Work Phone 3612210828 I �nro fel I-I�nrnrle Work E-mail address Ihancock@king-ranch.com Preferred Mailing Address W Work Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? r• Yes r, No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. Education, Professional and/or Community Activity (Present) I have a BBA in Accounting from Sam Houston State University and I also have my MBA from Sam Houston State University. I participate in several events through Robstown Hardware and the other business I manage as it relates to community involvement.We also opened King Ranch Ag &Turf in Corpus Christi in November 2020. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) I am interested in the Visit Corpus Christi Board. Why are you interested in serving on a City board, commission or committee? I work very closely with Visit Corpus Christi on a number of projects and feel I can be a valuable asset as the city continues to grow the outreach of the Coastal Bend. I am very well versed in tourism and retail as manage both on a daily basis. jec4d a resume Are you an ex-Officio member of a City Board, commission or committee? r Yes (-. No I nnt-o rel Wnnrni-li No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r: No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r: No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) I nnnn IV Wnnnnrls Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? " W Attraction Industry Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree I onro fel Wfanrnrl/ Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree I nnro rel Wnnrnrll LANCE HANC OCK 4005 Ridge Trail Robstown,TX 78380 832.205.44821 PROFESSIONAL EXPERIENCE King Ranch, Inc., Kingsville, TX 2016- Present General Manager Retail Operations • Responsible for the retail operations of King Ranch which include the King Ranch Saddle Shop, Robstown Hardware Co., King Ranch Visitor Center, King Ranch Museum, and co-branding relationships with Ford, Lucchese, Textron, and others. • Manage multiple store front locations, e-commerce websites, social media platforms, email marketing and overall marketing budgets. • Manage and supervise 100+ employees across agriculture, high end luxury retail goods, and visitor experience industries. • Report directly to CEO and Board of Director's for King Ranch, Inc. • Responsible for the strategic plans of retail operations and communication of these plans to executive management and board. • Currently managing three different construction projects for retail operations. • Interact with a wide array of community leaders at both the city and county levels. • Responsible for all social media and marketing efforts of every retail operations plus the corporate King Ranch social media accounts. King Ranch, Inc.. Houston, TX 2012- 2016 Assistant Corporate Controller/Retail Controller • Responsible for the monthly and quarterly corporate accounting including consolidation and elimination,journal entries, as well as financial schedules, narratives, and variance analysis. • Manage the accounts payable, accounts receivable, and fixed asset departments of the Company. • Responsible for accounting of mineral interests on the Ranch (approx. 450 operating wells). • Prepared corporate and mineral budget every year. Also consolidated business segment budgets and was involved in executive budgeting process with the various business segments. • Managed both internal and external auditors during the year. Prepared the annual report including financial disclosures and concept layouts. • Prepared all Board of Director's presentations quarterly, consolidated and formatted presentations for the annual stockholders forum for the Company. Involved in meetings to discuss theme of Board meetings and direction of annual stockholder meeting. • Involved in strategic planning meetings within the Company throughout the year. Also have been a presenter to stockholders of the Company. • Involved in risk management for the Company including the annual renewal program with our insurance broker, including several presentations to underwriters. • Work on several special projects within various segments of the Company including our retail, cattle, and pecan operations. Able to manage several different projects while also handling day to day duties of the corporate accounting office. Lance Hancock • Page 2 - • Have been involved in due diligence for acquisitions of the Company. • Highly motivated and have been commended on the work I have performed within the Company including performance evaluations from upper management. • Performed an ERP implementation of NetSuite for one of our Retail operations. Ernst & Young, LLP, Houston, TX 2008- 2012 Audit Senior • Organize, execute, and supervise Integrated Audit Procedures for Fortune 500 companies, for Sarbanes-Oxley 404 Compliant Public Companies, and for private companies with revenues ranging from$4 million to $38 billion. • Perform manager duties on the Hess Corporation E&P audit as an experienced senior auditor. • Supervise and train junior staff and seniors. Directly manage people throughout numerous engagements, including Hess Corporation, Legend Natural Gas, and WildHose Resources. • Consistently exceeded expectations on performance evaluations for both quality of work and people interaction. Performed senior duties as a staff, and manager duties as a senior. • Excellent client relations. • Lead budget discussions with senior management and the client. • Diverse audit experience including Oil &Gas, Manufacturing, and Food Services. • Experience with start-up companies with large growth through acquisitions and private equity firms. • Lead two engagements on first year audit clients with plans for IPO's in the near future. Helped implement 404 compliance, set accounting policies, format and draft SEC financial statements. EDUCATION/HONORS MBA, emphasis in Accounting, Sam Houston State University, Huntsville,TX, 2008 (3.50 GPA) BBA—Accounting, Sam Houston State University, Huntsville,TX, 2007(3.10 GPA) Southland All Conference Football Player(Junior& Senior Year) Academic All Conference Football Player(Freshman-Senior Year) Dean's List, (Fall 2005) SKILLS Windows XP, Microsoft Office, Quickbooks, Ernst&Young, LLP proprietary auditing software, Infinium A/S 400, NetSuite, JD Edwards CITY OF CORPUS CHRISTI Submit Date:Aug 24, 2021 Application for a City Board, Commission, Committee or Corporation Profile Gabriele Hilpold First Name Last Name Email Address 13701 THREE FATHOMS BANK DR. Street Address CORPUS CHRISTI TX 78418 City State Postal Code What district do you live in? W District 4 Current resident of the city? r Yes r No If yes, how many years? 26 Mobile: (361) 548-6279 Business: (361) 949-2611 Primary Phone Alternate Phone iNC. REALTY AND DEVELOPMENT CORPORATION PRESIDENT/OWNER Employer Job Title Work Address - Street Address and Suite Number 15481 SPID#101 Work Address - City CORPUS CHRISTI Work Address - State TX Work Address - Zip Code 78418 (;nhriolo Wilnnlrl Work Phone 361-548-6279 Preferred Mailing Address W Work Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? (.- Yes (- No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) HIGH SCHOOL/COLLEGE/UNIVERSITY INNSBRUCK/AUSTRIA. EQUIVALENT MASTERS FOR WORLD HISTORY/ECONOMIC HISTORY AND ENGLISH.TEACHING COLLEGE. LEADING GOVERNOR OF STATE Representative for state of Tyrol When AUSTRIA JOINed THE EUROPEAN UNION. MANAGING AUSTRIAN COUNTRY CLUB AND INTERNATIONAL REAL ESTATE. SINCE 1994 SUCCESS WITH 100 PLUS EUROPEAN CLIENTS INVESTED IN CC AND OVER 80 PROJECTS BUILT WITH PARTNERS.ASSIST IN VOEST ALPINE COMMITTMENT TO CC. LAND DEVELOPMENT AND TOURISM PROMOTION FOR CC. Past President of Ccta Corpus Christi Tennis Association lead assist implementing 3 Million Dollar Bond for Heb Tennis Center Past chair of Isac ( Island Strategic Action Committee- lead assist implementing build out of Aquarius street , pass of golf cart ordinance etc Active chair of BMAC ( Beach Management Committee Nueces County Why are you interested in serving on a City board, commission or committee? Passionate about promoting high quality tourism for Cc hand in hand with working on related logistic and infrastructure issues. Focusing on our natural assets/beach, national seashore and coordinating well with tourism business partners. Are you an ex-Officio member of a City Board, commission or committee? c Yes r No r;nhriolo Wi1nnirl No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? G Yes r No Demographics Ethnicity W Caucasian/Non-Hispanic Gender W Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r• No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes (.- No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A rnhrin1n Wilnnlrl Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree rohriolo I-lilnnlrl City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree (,ahriolo Wilnnlrl CITY OF CORPUS CHRISTI Submit Date: Sep 27, 2021 Application for a City Board, Commission, Committee or Corporation Profile Mr. Mitchell Davis Kalogridis Prefix First Name Middle Initial Last Name Email Address 2504 PEBBLE BEACH DRIE Street Address AUSTIN TX 78747 City State Postal Code What district do you live in? - W District 4 Current resident of the city? - Yes r No If yes, how many years? 15 Mobile: (512) 627-8106 Business: (512) 282-6060 Primary Phone Alternate Phone OWNER-MARKER 37 MARINA &SNOOPY'S RESTAURANT; MK DEVELOPMENTS OWNER/PRESIDENT Employer Job Title Work Address - Street Address and Suite Number 2110-B BOCA RATON DR STE 100 Work Address - City AUSTIN Work Address - State TX Work Address - Zip Code 78747 r%Ar AAitrholl rin%iic kInInryrii-is Work Phone 512-282-6060 Work E-mail address mitchell@mkdevelopments.com Preferred Mailing Address W Work Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? (-. Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) BUSINESS DEGREE FROM UNIV OF TEXAS; REAL ESTATE BROKER; REAL ESTATE DEVELOPER If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) VISIT CORPUS CHRISTI Why are you interested in serving on a City board, commission or committee? OWNER OF SUNSET ISLAND - COMPRISED OF MARKER 37 MARINA AND SNOOPY'S RESTAURANT;ASKED BY A BOARD MEMBER OF VISIT CORPUS CHRISTI. I HAVE HAD A HOME ON NORTH PADRE ISLAND FOR 15 YEARS. I SPEND HALF OF MY TIME ON THE ISLAND AND HALF IN AUSTIN TEXAS. MY HOMESTEAD IS LISTED IN AUSTIN TEXAS. Are you an ex-Officio member of a City Board, commission or committee? r• Yes r No KAr Mitt-holl flnxiic VnInnrirlic No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. NA Board-specific questions (if applicable) NAr AAitr holl nnxiic Voinririrlic Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? • Attraction Industry • Restaurant Industry Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree nnr nnitrholl na"ic VnIrinrirlic Consent for Release of information 1 understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which 1 seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree KAr AAitrholl flwic VninnriAc CITY OF CORPUS CHRISTI Submit Date: Aug 25, 2021 Application for a City Board, Commission, Committee or Corporation Profile Johnny Philipello First Name Last Name Email Address 3718 Santa Fe St. Street Address Corpus Christi TX 78411 City State Pos[al Code What district do you live in? W District 4 Current resident of the city? r• Yes (- No If yes, how many years? 6 years Mobile: (512) 461-3781 Business: (361) 882-3242 Primary Phone Alternate Phone Buccaneer Commission President/CEO Employer Joe'tle- Work Address- Street Address and Suite Number 1823 N. Chaparral St. Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78401 lnhnn%i Dhilinnlln Work Phone 361-882-3242 Work E-mail address johnny@bucdays.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: Corpus Christi Convention and Visitors Bureau (Visit Corpus Christi) Education, Professional and/or Community Activity (Present) Formerly Chief Operating Officer of Rodeo Austin an event that created a$68 million economic impact on the Austin Economy. Recently accepted the President/CEO position of the Buccaneer Commission to grow and develop all Buc Days events. We currently host the parade,festival and Rodeo Corpus Christi that draw approximately 200,000 visitors each year. Member of Downtown Rotary and Nueces County Texas A&M Alumni Association. Bachelors of Science from Texas A&M University. Why are you interested in serving on a City board, commission or committee? Have served 2 terms on this board and look forward to completing my 3rd and final term. Enjoy helping move the city forward with branding and promoting the City to out of town visitors. '..Jpicad a esu-ie Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No Demographics lnhnnxi Dhilinialln Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? rYes (.- No Do you, your spouse, your business or your spouse's business have a City contract? (-- Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r• No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. Buc Days has a building lease with the City and we are currently negotiating our agreement for shared services with the city for Buccaneer Days. Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W Attraction Industry lnhnnxi Dhilinolln Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree lnhnnxi Dhilinnlln Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. 1 understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree lnhnnxi Dhilinolln JOHNNY PHILIPELLO 3718 Santa Fe, Corpus Christi,TX 78411 • (512) 461-3781 • johnny@bucdays.com NON-PROFIT EXECUTIVE Over 12+ years' experience driving strategic growth and innovative concepts for a leading nonprofit organizations within Texas. Highly competitive, passionate, persuasive and articulate, able to achieve results others believed to be impossible. Experienced in business development, negotiating, public relations, partnership building and volunteer management. CORE COMPETENCIES • Competent Leader • Innovative Marketing • Public Speaking • Sponsorship Development • Strategic Planning • Budgeting/Forecasting PROFESSIONAL EXPERIENCE BUCCANEER COMMISSION, Corpus Christi,Texas 2015—Present President/Chief Executive Officer, 07115 to Present • Lead a full-time staff of 4 and seasonal staff of 200+, collectively working with 500+ volunteers to support the mission,A tradition of changing lives through fun. • Oversee the day to day operation of Buc Days Festival and Rodeo Corpus Christi. Includes development, oversight and responsibility of a multi-million-dollar budget. RODEO AUSTIN,Austin,Texas 2003-2015 Chief Operating Officer, 04113 to 7115 • Lead a full-time staff of 14 and seasonal staff of 900+, collectively working with 1,500 volunteers to support the Rodeo Austin mission, Promoting Youth Education—Preserving l�estern Heritage. • Oversee the day to day operation of Rodeo Austin. Includes development, oversight and responsibility of a $10+ million budget. • Negotiate and execute facility rental, vender services, entertainment and sponsorship agreements. • Oversaw$600,000 capital improvement project. Effectively negotiated in-kind sponsorships and that defrayed project cost by more than $300,000. • Gained sanctioning from PRCA to host a first of its kind "Ride for the Brand" Cowboy Tournament format. • Developed RFP, oversaw selection, contract negotiation and development of RodeoAus6n.com • Work alongside CEO and city and county leaders to establish and fund a facility feasibility study for the Travis County Expo Center and adjacent park land. • Developed strong relationships with local and national media to promote the Rodeo Austin brand. 5 performances of Rodeo Austin were broadcast via ESPN's Longhorn Network nationally in 2015. Senior Manager, 05/09 to 03113 • Successfully outlined, planned and implemented a new Client Relationship Management database for entire organization. • Serve as liaison to Long Range Planning Committee; successfully developed RFP and awarded contract to consulting firm for an ongoing facility feasibility study, presented goals and objectives to local elected officials. • Implemented token system/revenue sharing policies,procedures, operation and staffing for the entire fairground; Gained 40% revenue increase in food concessions. • Negotiated carnival contract extension, achieved additional percentages of revenue share and additional operational requirements/expectations of operator. Johnny Philipello Results-focused Professional Competitive Events &Operations Manager, 05/06 to 05/09 • Promoted to manage a $3.5 million budget and engineer improvements and oversight of the logistical operation of the Fairgrounds. • Lead staff of three full time employees, 30 seasonal interns, and 300 seasonal employees including security, EMS, janitorial, event staff, electricians, superintendents, production crews and veterinarians. • Inherited oversight of commercial exhibits program, resulting in 28% increase in revenue within the first year of management. • Negotiated vender service contracts resulting in savings totaling$120,000, through effective implementation of sponsorship trade contracts and creation of more extensive pre-event scheduling of service providers. • Recruitment and retention over 30 corporate sponsors generating$850,000 of in-kind trade contributions and $175,000 in cash sponsorships annually. • Budgeted, bid, contracted, and executed capital improvement projects exceeding$2.2 million in cost. • Successfully increased competitive event entries by 931% by establishing new events and broadening from a regional scope to state-wide eligibility. • Developed incentive plan and strengthen Auction Committee structure resulting in $250,000 increase in Auction contributions within the first year of improvements. • Volunteer management of 1,000 members serving on 15 committees, including Competitive Events, Operations,Acts & Exhibits, BBQ Cook-off,Youth Auction, 100X Club. Competitive Events Manager, 04/04 to 05/06 • Promoted to manage competitions department including the Youth Auction and Animal Care Committee, managed one full time employee and 16 seasonal interns. • Implemented the nation's first ever Livestock Show internet broadcast and Pro Rodeo internet broadcast resulting in 20,000 viewers watching Rodeo and Stock Show events in 5 countries and 28 states. • Proactively marketed the Competitive Events program at industry functions through,public speaking engagements. • Brought the competitive events department from an annual lost to a profit generator within the first three years of oversight. Competitive Events Coordinator, 10/03 to 04/04 • Coordinator of all competitions during the Fair and Rodeo; managed entry system, established drug residue avoidance program, developed and implemented animal care and use procedures, contracted and arranged travel for all show officials. • Developed and implemented the first livestock show online entry program in the nation. TEXAS COOPERATIVE EXTENSION, College Station, Texas 2000—2003 4-H/FFA Validation Coordinator • Oversight and management of the 4-H/FFA Steer Validation program; assisted with implementation of DNA verification. • Assist Associate Director and other staff with day to day operations of the County Programs Department. Johnny Philipello Results-focused Professional LEADERSHIP ACTIVITIES Downtown Rotary,Corpus Christi,TX Nueces County A&M Club Member Texas Association of Fairs and Events Convention,Competitive Events&Exhibits Speaker Austin Under 40 Awards Ceremony,Co-Chair Young Men's Business League of Austin,Member of the Month North American Livestock Show& Rodeo Managers Association Conference,Animal Welfare Presenter National Swine Registry Leadership Conference,Stock Show Management Speaker Young Men's Business League of Austin,Member International Association of Fairs and Expositions Convention,Technology Presenter Texas Association of Fairs and Events Convention,Competitions Speaker 2003 TAMU Saddle&Sirloin Club,President 2003 Texas Department of Agriculture—Government Relations,Intern 2002 Congressman Ciro Rodriquez,TAMU Congressional Intern EDUCATION Bachelor of Science—Animal Science,Texas A&M University, 2003 CITY OF CORPUS CHRISTI Submit Date: Sep 28, 2021 Application for a City Board, Commission, Committee or Corporation Profile Mr. Ramon J. Pineda Prefix First Name Middle Initial Last Name Email Address 301 Artesian Street Address corpus ChristiTX 78401 ---------—----- City State Postal Code What district do you live in? V District 4 Current resident of the city? r Yes r No If yes, how many years? Mobile: (201) 696-7463 Business: (361) 886-6111 Primary Phone Alternate Phone Scripps Media General Manager Employer Job Title Work Address-Street Address and Suite Number 301 Artesia Work Address-City Corpus Christi Work Address-State Texas Work Address-Zip Code 78401 KAr 10nmr-in 1 Dinatin Work Phone 361 8666111 Work E-mail address ramon.pineda@kristv.com Preferred Mailing Address rJ Work Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity(Present) Board Member Coastal Bend Food Bank Board Member, USS Lexington Why are you interested in serving on a City board, commission or committee? Be able to contribute to the growth of Corpus City and utilize Broadcast stations to serve the community when possible. Are you an ex-Officio member of a City Board, commission or committee? r Yes r No Demographics Gender Pr Male Code of Ethics- Rules of Conduct/Conflicts of Interest KAr Dmmnn 1 Dinarin Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse,your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you,your spouse,your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer"Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention &Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? V None of the above KAr Dmm�n 1 Dinorin Verification City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. V I Agree City Code Requirement-Attendance As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. V I Agree hAr Dnmr%n 1 Dinorin Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. PJ I Agree KAr DmmrNn 1 Dinnrin CITY OF CORPUS CHRISTI Submit Date: Jun 01, 2021 Application for a City Board, Commission, Committee or Corporation Profile Mrs Priscilla San Miguel Prefix First Name Last Name Email Address 8029 Villefranche Dr Street Address Corpus Christi TX 78414 City Stare Postal Code What district do you live in? W District 5 Current resident of the city? (-. Yes t No If yes, how many years? 15 Mobile: (361) 445-1143 Home: (361) 445-1143 Primary Phone Alternate Phone Draco Fire and Safety LLC Chief Financial Officer Emrloyer Job-itle Work Address - Street Address and Suite Number 5151 Flynn Parkway Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78411 AArc Dricr ills Cnn AAirrr tol Work Phone 3614152390 Work E-mail address priscilla@dracofs.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? r• Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: None Education, Professional and/or Community Activity (Present) Bachelors Degree in Business Management Current CFO If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Human Relations but any board to help represent our City Why are you interested in serving on a City board, commission or committee? I would very much like to represent our beautiful City in any capacity Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No Demographics Gender W Female hArc Dricf-illn Cin Uim iol Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes a No Do you, your spouse, your business or your spouse's business have a City contract? r Yes a No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes a No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to ANIMAL CARE ADVISORY COMMITTEE The Animal Care Advisory Committee preferred representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to ARTS&CULTURAL COMMISSION The Arts & Cultural Commission preferred representatives from certain categories. Do you qualify for any of the following categories? • Economic Development/Tourism • Business Development Groups/Corporate Representative hArc Dricrilln Cnn AAir loll Question applies to CIVIL SERVICE COMMISSION,CIVIL SERVICE BOARD Have you resided in the City for at least 3 years? (.- Yes r No Question applies to CIVIL SERVICE COMMISSION,CIVIL SERVICE BOARD Have you held public office during the past 3 years? r Yes r No Question applies to CIVIL SERVICE COMMISSION,CIVIL SERVICE BOARD Are you over 25 years of age? r• Yes r No Question applies to CIVIL SERVICE COMMISSION,CIVIL SERVICE BOARD Are you a U.S. Citizen r Yes r No Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to HUMAN RELATIONS COMMISSION The Human Relations Commission preferred representatives from certain categories. Do you qualify for any of the following categories? W Business of Renting of Dwellings Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r• Yes r No Queston applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORP`jS CHRISTI B CORPORATION PLAHNING COibIMISSION Are you a registered voter? (.- Yes r No AArc Dricr ills Cnn hAim iol Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement- Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree hArc Dricr-ills Can KAini iol CITY OF CORPUS CHRISTI Submit Date: Aug 02, 2021 Application for a City Board, Commission, Committee or Corporation Profile Kirby D Tello First Name Middle Initial Last Name Email Address 522 Hancock Ave Apt 208 Street Address Suite or Apt Corpus Christi TX 78404 City State Postal Cede What district do you live in? W District 2 Current resident of the city? r Yes (- No If yes, how many years? 8 Mobile: (713) 213-5314 Business: (361) 825-3522 Primary Phone Alternate Phone Art Museum of South Texas Marketing Coordinator Employer Jab Title Work Address- Street Address and Suite Number 1902 N Shoreline Blvd Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78401 Virhxi fl Tolln Work Phone 3618253522 Work E-mail address kirby.tello@tamucc.edu Preferred Mailing Address W Work Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) BA in Marketing, Howard University Library Board Member Marketing Director(Volunteer), Enrich Local (Corpus Christi Hot Tamale Festival) If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) I have not applied to multiple boards at this time. Why are you interested in serving on a City board, commission or committee? City board Jol,ad a es^'i2 Are you an ex-Officio member of a City Board, commission or committee? r Yes r. No Virh%/ n Malin No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics Gender W Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r• No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes (.- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes s No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Virhxi n Tolln Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W Attraction Industry Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Virhxi rl Tonn Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. 1 understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 1 hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Virhxi n Malin KIRBY TELLO PH: 713.213.5314 Email: 1 Linkedln: https://www.linkedin.com/in/kirby-tello- 6619/ PROFESSIONAL EXPERIENCE MARKETING COORDINATOR ART MUSEUM OF SOUTH TEXAS I OCTOBER 2019-PRESENT • Manages the execution of marketing programs to promote the Art Museum of South Texas' programs, services, events, and products to achieve overall business objectives • Creates and implements marketing, advertising, and promotional campaigns • Develop brand strategy and marketing plan to enhance the Art Museum of South Texas' brand image • Assist in quality control of data and marketing materials • Works collaboratively with department heads to create competitive benchmarking to analyze campaign success and effectiveness to provide informed marketing strategies such as marketing direction, product segmentation, and customer targeting • Creates, edits, and schedules all marketing communication for media placement in a variety of channels including, but not limited to, web, print, email, and other online media • Conducts campaigns through various media channels to promote services, facilities, and conferences with the intent to build membership and drive traffic to the Art Museum of South Texas PROPOSAL MANAGER INDEPENDENT CONTRACTOR I APRIL 2018-OCTOBER 2019 • Managed all aspects of the proposal process including identifying new solicitations, development of project management plan and response template, proofreading, coordinate color reviews with internal partners, and track completion of all proposals • Created boilerplate documents for standardized responses to RFPs/RFIs/RFQs/Sources Sought • Experienced in working with several federal government agencies • Understanding of writing technical and non-technical documents and explaining in a clear and concise way • Research and compile information from internal and external sources as required by grantor • Provided comprehensive, strategic writing and editing for all grant components • Strategically crafted the organization's "story" for compelling executive summary, benefit statements, program details, etc. • Created grant proposals with budgets ranging from $480K to $5M+ ADVERTISING MANAGER GANNETT/USA TODAY NETWORK, Corpus Christi, TX I December 2016-March 2018 • Manage marketing communications campaigns from planning, budgeting, campaign strategy and execution • Develop and execute clear strategies to meet organizational objectives • Write and edit proposals, brochures and marketing communication content for internal and external partners • Write and edit content for website, social media, email marketing and display advertising clients • Provide research and industry statistics and data for field sales reps • Maintain media relations, serving as main point of contact for advertising department • Develop, monitor and optimize budget spends and ROI for marketing campaigns of$300K+ • Recruit and retain a full-staffed team of high performing professionals MARKETING STRATEGIST TEGNA MEDIA/KIII TV, Corpus Christi, TX I May 2015-December 2016 • Generate new business for interactive media, digital products and television platforms • Develop and execute branding strategies using Email Marketing, SEO, PPC, Digital Display Ads, and Custom Websites • Create all ad copy, commercial story boards and digital display ads for advertising clients • Responsible for generating over $30K per month in ad sales and/or sponsorships in existing business • Efficiently and effectively monitor accounting and billing practices for each client (i.e. collect payment each month, create payment plans/schedules for each client) • Manage a book of 20+ clients simultaneously MARKET DEVELOPMENT MANAGER COCA-COLA, Corpus Christi, TX I Feb 2014-May 2015 • Develop business relationships with prospective clients through face-to-face and online mediums such as personal connections with local business owners, networking events, local magazines/newspapers, social networking sites, etc. • Create customized marketing collateral (banners, window perfs, table tents, menu inserts, etc.) to drive community awareness and promote consistent, repeat business • Manage communication with managers and internal cross-functional partners (Operations, Media Planning/Scheduling and Production) to successfully execute on promised deliverables • Aided in the training of newly hired employees by providing ride-a-longs to demonstrate proper job function • Analyze business reports to track monthly volume, profit, sales trends, and identify areas of opportunity RTM BUSINESS GROUP, New York, NY I Nov 2012-Oct 2013 • Generated new leads through online research using industry specific keywords and concepts - K-12 education market • Build client database for 6213 sales start-up in the Event/Tradeshow/Conference sector • Pioneered Online Delegate Acquisition sales campaign • Manage all communication and operations between sales team and C-level management for onsite conferences • Initiate vendor registration and meeting rescheduling process for 1-on-1 Exchange Style conferences • Set weekly/monthly/quarterly sales targets - meet and exceed benchmarks EDUCATION HOWARD UNIVERSITY, WASHINGTON, D.C. Bachelor of Business Administration (BBA) in Marketing ASSOCIATIONS/MEMBERSHIPS ASSOCIATION OF PROPOSAL MANAGEMENT PROFESSIONALS (APMP) Member, Lone Star Chapter OF NOTE COMPUTER SKILLS • MS Office (Word, Excel, PowerPoint, Outlook) • Adobe Creative Suite • Salesforce CRM • Basic SEO PROFESSIONAL SKILLS • Excellent Communication and Written Skills • Strong Analytical Thinker • Results Driven • Detail Oriented and extremely organized • Self-StarterlTakes Initiative • Adaptable in new and foreign environments with the ability to learn quickly and multi-task WRITING SKILLS • Proofreading/grammar checking • Research &fact-checking • Target readership analysis • Creating proper tonality • Editing for style NUECES COUNTY TAX APPRAISAL DISTRICT Two(2)vacancies with terms to 12-31-23,representing the following categories:1-Place 3(City)and 1-Place 4(City). Duties The Nueces County Tax Appraisal District is responsible for making general policies regarding the operation of the appraisal district(i.e.,reappraisal programs,analysis of procedures,etc.). They are also responsible for appointing the Appraisal Review Board. Composition Eight(8)members,each shall serve a two-year term and shall have one vote. Each member of the board shall be selected or elected to fill one place on the board, which places shall be numbered one through seven. The term of each member shall begin on January 1 of each even-numbered year.A member must be a resident of the district,reside in the district for at least two(2)years immediately preceding the date the individual takes office,and not owe delinquent property taxes to the taxing entity.A person may not be appointed or continue to serve if related within second degree of consanguinity to an appraiser who appraises property for use in the Appraisal Review Board proceedings or represents property owners for compensation before the Appraisal District's Appraisal Review Board.The following entities will designate board members for the places as listed: PLACE NUMBER and JURISDICTION VOTING ON THIS PLACE 1 and 2 Corpus Christi ISD 3 and 4 City of Corpus Christi 5 Nueces County 6 Urban-Port Aransas to be decided by the following ISDs:Calallen,Flour Bluff,Port Aransas,City of Port Aransas,Tuloso-Midway,and West Oso. 7 Rural-Agribusiness to be decided by these: Agua Dulce ISD,City of Agua Dulce,Banquete ISD,Bishop ISD,City of Bishop,Driscoll ISD,City of Driscoll,London ISD, Robstown ISD,City of Robstown,and Santa Cruz ISD. 8-Del Mar College The City of Corpus Christi shall submit names for Places 3 and 4 to the Nueces County Appraisal District before October 30th,and each odd-numbered year thereafter. Member size Term length 8 2 years AppointingName District Term Appt.date End date Seeking Robert Adler District 4 8 1/1/2020 12/31/2021 City Council reappointment Place 3(City) 5/6 meetings-83% Gerardo"Jerry" Seeking Garcia District 4 5 1/1/2020 12/31/2021 City Council Chair reappointment Place 4(City) 6/6 meetings-100% Place 8 Armando Chapa 1 District 5 12 1/1/2020 12/31/2021 Del Mar College I lActive (Del Mar College) 10-12-2021 Name District Term Appt.date End date Appointing Place 7 Luis Elizondo 4 1/1/2020 12/31/2021 Rural-Agribusiness Vice-Chair Active (Rural) Leo Gonzalez 3 1/1/2020 12/31/2021 Urban-Robstown Secretary Active Place 6(Urban) Place 5 Gabriele Hilpold District 4 2 1/1/2020 12/31/2021 Nueces County Active (Nueces County) Corpus Christi Independent School Rex A.Kinnison District 1 3 1/1/2020 12/31/2021 District Active Place 1(CCISD) Corpus Christi Independent School Corbett Pool District 4 1 1/1/2020 12/31/2021 District Active Place 2(CCISD) 10-12-2021 NUECES COUNTY TAX APPRAISAL DISTRICT Applicants Name District Status Category Robert Adler I District 4 ISeeking reappointment Icity Gerardo "Jerry" Garcia I District 4 Iseeking reappointment ICity CITY OF CORPUS CHRISTI Submit Date: Sep 20, 2021 Application for a City Board, Commission, Committee or Corporation Profile Robert Adler First Name Last Name Email Address 106 RAINBOW LANE Street Address CORPUS CHRISTI TX 78411 City State Postal Code What district do you live in? W District 4 Current resident of the city? Yes r No If yes, how many years? 64 Mobile: (361) 877-5993 Business: (361) 884-7781 P^mary Phone Alternate Phone Atlas Iron & Metal Inc. President Employer Job Title Work Address - Street Address and Suite Number 4000 agnes st Work Address - City corpus christi Work Address - State TX Work Address - Zip Code 78405 Dnhort Arilor Work Phone 3618775993 Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? NUECES COUNTY TAX APPRAISAL DISTRICT: Submitted Interests & Experiences Are you a registered voter? (-. Yes r• No Do you currently serve on any other City board, commission or committee at this time? If so, please list: no Education, Professional and/or Community Activity (Present) See attached sheet Why are you interested in serving on a City board, commission or committee? to serve my city. Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r• Yes r No Demographics Ethnicity W Caucasian/Non-Hispanic Dnhort Arlhar Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes (- No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NQ" to all questions above, please enter N/A. n/a Board-specific questions (if applicable) Qnhort 4rllor Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT (For NCAD) Are you a resident and qualified elector* of the District (Nueces County)? r Yes r' No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT (NCAD) Have you resided in the District for at least 2 years? (-. Yes (- No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. IW I Agree Onknrt Orllor Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Dnknrt Arlhar CITY OF CORPUS CHRISTI Submit Date: Sep 17, 2021 Application for a City Board, Commission, Committee or Corporation Profile Gerardo"Jerry" Garcia First Name Last Name Email Address 1626 CANTERA BAY DR. Street Address CORPUS CHRISTI TX 78418 City State Postal Code What district do you live in? W District 4 Current resident of the city? r Yes r No If yes, how many years? 31 Home: (361) 937-3744 Primary Phone Alternate Phone SELF-EMPLOYED Pres Employer Joe`itle Work Address - Street Address and Suite Number Work Address - State TX Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? NUECES COUNTY TAX APPRAISAL DISTRICT: Submitted Interests & Experiences r;orarrri "lorrw" Are you a registered voter? (.- Yesc- No Do you currently serve on any other City board, commission or committee at this time? If so, please list: no Education, Professional and/or Community Activity (Present) Del Mar College-A.A., various classes throughout career,teaching seminars for TX Assoc. of Bldvs, Corpus Christi Councilman 2005-07, Life Director-TAB, Dir.-NAHB, President C.C. Builders Assoc, Assoc Board of Dir- 1st Community Bank, Governor Appointee-911 Emer Comm Vice Charirman TX Residential Const Comm, TX Board of Professional Land Surveyors, National Association of Homebuilders Why are you interested in serving on a City board, commission or committee? continuation to give back to the community and I enjoy the board Are you an ex-Officio member of a City Board, commission or committee? Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics Ethnicity W Hispanic Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r- Yes (-. No r;ornrdn "lorrN/" (;nrrrin Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r• Yes (-. No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes (-. No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO"to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT (For NCAD) Are you a resident and qualified elector* of the District (Nueces County)? r Yes r No Question applies to iNUECES COUNTY TAX APPRAISAL DISTRICT (NCAD) Have you resided in the District for at least 2 years? s Yes r No r=ornrrin "lorni" r;nrrin Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public information Act. W I Agree r_orcirrin "lorni" r,nrrin Oath 1 swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree (_ornrrin "lornf" City of Corpus Christi 1201 Leopard Street � Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Tuesday, September 21, 2021 11:30 AM Council Chambers Addendums may be added on Friday. A. Mayor Paulette M. Guajardo to call the meeting to order. Mayor Guajardo called the meeting to order at 11:35 a.m. B. Invocation to be given by Mayor Paulette Guajardo. Jude Guajardo gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Patrick Colunga, Richard King High School Student. Patrick Colunga, Richard King High School student, led the Pledge of Allegiance to the Flag of the United States and to the Texas Flag. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles K. Risley and City Secretary Rebecca L. Huerta. NOTE: Council Member Smith joined at 12:05 p.m. Council Member Hunter joined at 12:30 p.m. and participated by video conference. Present: 9- Mayor Paulette M. Guajardo,Council Member Roland Barrera,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Billy A. Lerma,Council Member John Martinez,Council Member Ben Molina,Council Member Mike Pusley, and Council Member Greg Smith E. Proclamations /Commendations 1. 21-1255 Proclamation declaring October 2, 2021 as "Coastal Bend Heart Walk Day". Proclamation declaring October 5, 2021 as "National Night Out Day". Proclamation declaring September 15, 2021 - October 15, 2021 as "National Hispanic Heritage Month". Swearing-In Ceremony for Newly Appointed Board, Commission, Committee and Corporation Members. City of Corpus Christi Page 1 Printed on 913012021 City Council Meeting Minutes September 21,2021 The Proclamations and Swearing-In Ceremony were presented. F. PUBLIC COMMENT: Mayor Guajardo opened the public comment period. Melissa Zamora, 3917 Brawner Parkway, spoke in opposition to the desalination plant funding in the proposed Capital Improvement Program (CIP) budget that Council passed. Bill Green, Texas A&M Forest Service, South Texas Regional Forester and John Wood, 1122 Sea Lane spoke in support of Item 18. Larry White, 5506 Sarazen Dr., spoke in support of the desalination plant. James Klein, 3501 Monterrey St., spoke regarding an event being held on September 26, 2021 called the Electric Vehicle Rally. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Guajardo referred to City Manager's comments. a. Infrastructure Management Plan (IMP) Quarterly Update (May through June) City Manager Peter Zanoni gave a quarterly report on the FY 2021 streets projects. b. Education to Employment Partners Program Overview by Jeffrey West, Director of Programs and Operations Director of Programs and Operations for Education to Employment Partners Jeffrey West stated that the Education to Employment Partners Program, formerly known as Citizens for Education Excellence, is a program that allows Senior high school students an opportunity to work from 2 p.m. to 5 p.m., gaining valuable work experience. Coastal Compass Education and Career Resource Center is a one-stop education and workforce destination in the country. C. Oso Bay Wetlands Preserve StoryWalk Trail Overview by Sara Jose, Oso Bay Wetlands Preserve Manager Oso Bay Wetlands Preserve Manager Sara Jose stated that the mission within the Parks Department is to enhance the community's understanding for the need to preserve our natural resources and presented information on the following topics: programs-education, recreation and access; and 2021 Heart Your Park. H. BOARD &COMMITTEE APPOINTMENTS: 2. 21-1300 Corpus Christi B Corporation (3 vacancies) Corpus Christi Business and Job Development Corporation (3 vacancies) Mayor Guajardo referred to Item 2. After considering the legal opinion, tabled from the City of Corpus Christi Page 2 Printed on 913012021 City Council Meeting Minutes September 21,2021 09/14/21 motion, the following board appointments were made: Corpus Christi B Corporation and Corpus Christi Business and Job Development Corporation: Scott Harris (Reappointed) John Valls (Reappointed) Alan Wilson (Reappointed) I. EXPLANATION OF COUNCIL ACTION: J. CONSENT AGENDA: (ITEMS 3 - 13) Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. Council Members requested that Items 5, 7, 8, 11, 12 and 13 be pulled for individual consideration. A motion was made by Council Member Smith, seconded by Council Member Molina to approve the Consent Agenda. The motion carried by the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 3. 21-1293 Approval of the September 14, 2021 Regular Meeting Minutes. The Minutes were approved on the consent agenda. 4. 21-1198 One-Reading Ordinance appropriating $293,171 in additional funding from the Texas Department of State Health Services grant contract for Public Health Crisis Response Cooperative Agreement to perform monitoring and possible mitigation activities to address Coronavirus for the contract period through March 15, 2022. This Ordinance was passed on emergency on the consent agenda. Enactment No: 032559 Consent-Second Reading Ordinances 5. 21-1211 Ordinance authorizing acceptance of grant funds in an amount of$182,000.00 from the Texas Department of Transportation for the 2022 Comprehensive Selective Traffic Enforcement Project for overtime for police officers to increase traffic enforcement in the city limits with a City match of$57,234.24 in fringe benefits and fuel expenses with funds available from the FY 2022 General Fund; and appropriating $182,000.00 in the Police Grants Fund. City of Corpus Christi Page 3 Printed on 913012021 City Council Meeting Minutes September 21,2021 Mayor Guajardo referred to Item 5. Council Members, Police Chief Mike Markle and City Manager Peter Zanoni discussed the following topics: the goal for Vision Zero is zero deaths on the roadways, sidewalks and waterways; and Council Members' request for traffic support from Corn Products Road to Calallen. Council Member Molina made a motion to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on second reading and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 Enactment No: 032560 Consent-Procurement 6. 21-1210 Resolution authorizing a two-year service agreement extension to provide investment advisor services with Meeder Public Funds, Inc., in an amount not to exceed $60,000.00 for the first of two option periods, effective September 4, 2021, with first year funding available in the FY 2021-2022 Budget through the General Fund. This Item was postponed until October 12, 2021. 7. 21-1199 Motion authorizing a three-year supply agreement with two additional one-year period options with G.P. Transport, Inc., of Gregory, Texas, for Sandy Loam Soil for the Public Works Storm Water Operations for an estimated amount of $165,000.00 for the first three years and an estimated amount of$58,000.00 for each one-year option, for a total estimated five-year amount not to exceed $281,000.00, with funding requested in the FY 2022 proposed budget in an amount not to exceed $55,000.00 available through the Storm Water Fund. Mayor Guajardo referred to Item 7. A Council Member and Interim Director of Public Works Rolando Mata discussed the following topics: this supply agreement locks in the prices for the next five years. Council Member Pusley made a motion to approve the motion, seconded by Council Member Smith. This Motion was passed and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 City of Corpus Christi Page 4 Printed on 913012021 City Council Meeting Minutes September 21,2021 Enactment No: M2021-182 8. 21-1079 Motion authorizing a one-month service agreement with Reiter ABC &Ass., Inc. of Corpus Christi, Texas in an amount not to exceed $77,675.00 for performing improvements along right of ways in North Beach with FY 2021 funding available through the General Fund. Mayor Guajardo referred to Item 8. Council Members, Interim Director of Parks and Recreation Dante Gonzalez, City Manager Peter Zanoni and Assistant City Manager Neiman Young discussed the following topics: Council Members' concern that decomposed granite would not weather well in the North Beach area because of flooding; and a Council Member's request to consider using river rock or similar material heavier than decomposed granite. Council Member Pusley made a motion to approve the motion, seconded by Council Member Hernandez. This Motion was passed and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 Enactment No: M2021-183 General Consent Items 9. 21-1030 Motion authorizing an amendment to the Service Agreement with BlueCross BlueShield of Texas, a Division of Health Care Service Corporation, to add stop loss coverage for the City's self-funded employee health benefits from October 1, 2021 to September 30, 2022 with funding in the FY 2022 Operating Budget in an estimated amount of$3,252,100.00 through the Fire, Police and Citicare Employee Health Funds. This Motion was passed on the consent agenda. Enactment No: M2021-184 10. 21-1214 Resolution amending the City Council Policy 29 - Charitable Care Policy for City Emergency Medical Services specifying guidelines for waiving Emergency Medical Services charges to increase the income requirements for patients eligible to participate in Government Healthcare Programs from at or below 200% to at or below 400% the Family Poverty Line. This Resolution was passed on the consent agenda. Enactment No: 032561 11. 21-0872 Resolution authorizing a three-year agreement with Coastal Bend Air Quality Partnership for Ozone Program to address issues related to air quality in an City of Corpus Christi Page 5 Printed on 913012021 City Council Meeting Minutes September 21,2021 amount of$25,000 annually. Mayor Guajardo referred to Item 11. Interim Director of the Coastal Bend Air Quality Partnership Gretchen Arnold presented information on the following topics: Coastal Bend Air Quality Partnership; Corpus Christi urban airshed; impacts to air quality; partnership accomplishments; airshed ozone trending; economic impact; critical action economic impacts of non-attainment; challenges and critical response; critical response-next steps; transition team; transition team accomplishments; average annual operating budget; current financial commitments; and transition goals. Council Members, Director Arnold and Program Manager of the Pollution Prevention Partnership at Texas A&M Corpus Christi University Trent Thigpen discussed the following topics: a Council Member recommends that the City look into the auto check program and the fleet testing program to ensure that all vehicles are in compliance with the Environmental Protection Agency (EPA) standards. Council Member Hernandez made a motion to approve the resolution, seconded by Council Member Smith. This Resolution was passed and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 Enactment No: 032562 12. 21-1215 Motion approving a five-year Business Incentive Agreement between the Corpus Christi B Corporation and Texas A&M University - Corpus Christi (TAMU-CC) in the amount of$4,000,000 for the Lone Star Unmanned Aircraft System Center downtown, effective upon signature of the City Manager or designee. Mayor Guajardo referred to Item 12. Council Members, President and CEO with the Corpus Christi Regional Economic Development Corporation Iain Vasey and President of Texas A&M Corpus Christi University Dr. Kelly Miller discussed the following topics: the timeline for completion is within the next three years; and certification is required through the Federal Aviation Administration (FAA) to become a drone pilot. Council Member Pusley made a motion to approve the motion, seconded by Council Member Lerma. This Motion was passed and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 City of Corpus Christi Page 6 Printed on 913012021 City Council Meeting Minutes September 21,2021 Enactment No: M2021-185 13. 21-1256 Resolution authorizing outside city limits water contract with J and N Hill Country Investments, LLC, to provide public water to its property located outside the city limits described as Hale Horse Ranch, Block 1, Lot 1, also commonly known by its street address as 1851 Co. Rd. 32, located nearest City Council District 3, under Corpus Christi Code Section 55-113. Mayor Guajardo referred to Item 13. Council Members and City Attorney Miles Risley discussed the following topics: a Council Member's request to have these contracts authorized administratively rather than brought to Council. Council Member Barrera made a motion to approve the resolution, seconded by Council Member Smith. This Resolution was passed and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 Enactment No: 032563 K. RECESS FOR LUNCH Mayor Guajardo recessed the Council meeting for lunch at 1:56 p.m. Executive Session Item 25 was held during the lunch recess. Mayor Guajardo reconvened the meeting at 2:45 p.m. M. INDIVIDUAL CONSIDERATION ITEMS: (ITEM 17) 17. 21-1274 Motion approving the format and terms of the proposed petition, cover sheet, and Service Plan for a proposed Corpus Christi Tourism Public Improvement District. Mayor Guajardo deviated from the agenda and referred to Item 17. Council Members, CEO and President of Visit Corpus Christi Brett Oetting, President and CEO of the Texas Hotel & Lodging Association Scott Joslove and City Manager Peter Zanoni discussed the following topics: the Tourism Public Improvement District (TPID) will allow sales and marketing for tourism promotion; a non-profit corporation will be created, and that corporation will have a Board of Directors that will consist of hoteliers and will work under a contract with the City and the CVB; and the board will have approximately 10 members. Mayor Guajardo opened the public comment. City of Corpus Christi Page 7 Printed on 913012021 City Council Meeting Minutes September 21,2021 There were no comments from the public. Mayor Guajardo closed the public comment. Council Member Barrera made a motion to approve the motion, seconded by Council Member Pusley. This Motion was passed and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Absent: 1 - Council Member Hunter Abstained: 0 Enactment No: M2021-186 L. PUBLIC HEARINGS: (ITEMS 14 - 16) 14. 21-1178 Zoning Case No. 0821-01, Jeffery C. Lundquist: (District 4) Ordinance rezoning a property at or near 4121 Waldron Road from the "FR" Farm Rural District to the "RE" Estate Residential District. (Planning Commission and Staff recommend Approval) Mayor Guajardo referred to Item 14. Director of Development Services Al Raymond presented information on the following topics: aerial overview; zoning pattern and adjacent development; public notification; air installation compatibility use zone; and planning commission and staff recommend approval. Mayor Guajardo opened the public hearing. There were no comments from the Council or the public. Mayor Guajardo closed the public hearing. Council Member Smith made a motion to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Absent: 1 - Council Member Hunter Abstained: 0 15. 21-1179 Zoning Case No. 0821-03, Sima and Steve, Inc.: (District 2) Ordinance rezoning City of Corpus Christi Page 8 Printed on 913012021 City Council Meeting Minutes September 21,2021 property at or near 3413 South Staples Street from the "ON" Neighborhood Office District to the "CN-1" Neighborhood Commercial District. (Planning Commission and Staff recommend Approval) Mayor Guajardo referred to Item 15. Director of Development Services Al Raymond presented information on the following topics: aerial overview; zoning pattern and adjacent development; public notification; and planning commission and staff recommend approval. A Council Member and Director Raymond discussed the following topics: the purpose of this item is for the allowance of commercial uses in tenant spaces. Mayor Guajardo opened the public hearing. There were no comments from the public. Mayor Guajardo closed the public hearing. Council Member Molina made a motion to approve the ordinance, seconded by Council Member Smith. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Absent: 1 - Council Member Hunter Abstained: 0 16. 21-1189 Zoning Case No. 0821-02, Dominga Flores: (District 1) Ordinance rezoning property at or near 3617 Violet Road from the "FR" Farm Rural District to the "RS-22" Single-Family 22 District. (Planning Commission and Staff recommend Approval) Mayor Guajardo referred to Item 16. Director of Development Services Al Raymond presented information on the following topics: aerial overview; zoning pattern and adjacent development; public notification; and planning commission and staff recommend approval. A Council Member and Director Raymond discussed the following topics: the purpose of this item is to bring the property into compliance so the owner can sell it. Mayor Guajardo opened the public hearing. There were no comments from the public. City of Corpus Christi Page 9 Printed on 913012021 City Council Meeting Minutes September 21,2021 Mayor Guajardo closed the public hearing. Council Member Lerma made a motion to approve the ordinance, seconded by Council Member Smith. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Absent: 1 - Council Member Hunter Abstained: 0 N. FIRST READING ORDINANCES: (ITEMS 18 -20) 18. 21-1222 Ordinance amending the Unified Development Code to establish tree requirements in residential street yards for new construction within the City and its extraterritorial jurisdiction, reducing impermeable surface allowed in residential street yards, increasing open space requirements for residential street yards, modifying landscaping requirements for residential districts; modifying alternative compliance for landscaping; and providing for penalty. (Planning Commission and Staff recommend Approval) Mayor Guajardo referred to Item 18. Director of Development Services Al Raymond presented information on the following topics: facts about Corpus Christi; why now?; positive contributions; tree survey; existing development; new development; street yard planting requirements; implementation plan; tree types; site plan; existing development; maintenance and enforcement; and planning commission and staff recommend approval. Council Members and Director Raymond discussed the following topics: a Council Member's concern of not having ADA accessibility of the new development in District 5; a one-inch tree caliper costs about $150; and some developers do not plant trees at new homes, so homeowners are planting their own trees. Mayor Guajardo opened the public comment. There were no public comments. Mayor Guajardo closed the public comment. Council Member Smith made a motion to approve the ordinance, seconded by Council Member Lerma and passed unanimously. Council Member Martinez made a motion to amend the ordinance to remove the following paragraph from Article 713: Properties with existing development that has been City of Corpus Christi Page 10 Printed on 913012021 City Council Meeting Minutes September 21,2021 in place since or before October 1, 2021 and do not meet the minimum landscape requirements of this Section shall be considered nonconforming. Nonconforming landscape may continue until such time a building permit is issued for any of the following, seconded by Council Member Pusley and passed unanimously. Council Member Smith made a motion to approve the ordinance as amended, seconded by Council Member Lerma. This Ordinance was passed on first reading as amended and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Absent: 1 - Council Member Hunter Abstained: 0 19. 21-1257 Ordinance authorizing a second amendment to the Wastewater Lift Station Construction and Reimbursement Agreement with Peterson Properties, Ltd. to construct the Wastewater Lift Station for the Greenwood Service Area 5 and according to the Wastewater Master Plan approved on July 6, 2020 and located at the intersection of Westpoint Rd. and S. Padre Island Drive (Highway 358 FWY); and appropriating $33,921.16 from the Wastewater Trunk System Trust Fund to reimburse developer. (District 3) Mayor Guajardo referred to Item 19. Director of Development Services Al Raymond presented information on the following topics: aerial overview; parcel vicinity map; lift station location; and trust fund balance as of July 31, 2021. Mayor Guajardo opened the public comment. There were no comments from the Council or the public. Mayor Guajardo closed the public comment. Council Member Barrera made a motion to approve the ordinance, seconded by Council Member Smith. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 20. 21-1221 Ordinance amending Chapter 21 of the Corpus Christi Code by adding compliance provisions pertaining to recyclables, use of recycling carts, and establishing a special collection fee for servicing contaminated carts. City of Corpus Christi Page 11 Printed on 913012021 City Council Meeting Minutes September 21,2021 Mayor Guajardo referred to Item 20. Director of Solid Waste David Lehfeldt presented information on the following topics: historical contamination; what is contamination; what items are considered contamination; cost of contamination; recycle clean; Way Forward; and staff recommends approval. Council Members and Director Lehfeldt discussed the following topics: the top items that are recycled in our City are cardboard and paper; and a Council Member's suggestion to remove the recycle carts from households who are putting trash, landscape clippings, or other non-recyclable items in their cart. Mayor Pro Tem Lerma opened the public comment. There were no public comments. Mayor Pro Tem Lerma closed the public comment. Council Member Smith made a motion to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on first reading and approved with the following vote: Aye: 6- Council Member Barrera, Council Member Hernandez, Council Member Lerma, Council Member Martinez, Council Member Molina and Council Member Smith Nay: 1 - Council Member Pusley Absent: 2- Mayor Guajardo and Council Member Hunter Abstained: 0 O. BRIEFINGS: (ITEM 21) 21. 21-1288 Water Utilities staff will provide a seawater desalination briefing to Mayor and City Council members. This briefing will answer any questions and deliver beneficial information following staff's previous workshop from July 2021. Mayor Guajardo referred to Item 21. Chief Operations Officer Mike Murphy, Water Resource Manager Esteban Ramos, Environmental Engineer Maria Corona, Director of Operations Kevin Norton and Strategic Communications Manager Amber Oetting presented information on the following topics: a history of Corpus Christi water; credibility and expertise; what would it take; San Patricio Municipal water District pipeline; environmental discharge study; comparing production cost; what is seawater desalination; and staff's recommendation. City of Corpus Christi Page 12 Printed on 913012021 City Council Meeting Minutes September 21,2021 Council Members, Chief Operations Officer Murphy, Strategic Communications Manager Oetting, Water Resource Manager Ramos, Environmental Engineer Corona, Director of Operations Norton, San Patricio Water District General Manager Brian Williams, Assistant Director of Water Quality and Treatment Gabriel Ramirez, Professional Engineer with Freese and Nichols Jason Cocklin, and Assistant Director of Wastewater Daniel Deng discussed the following topics: the maximum production at the Inner Harbor site is 30 Million Gallons Per Day (MGD); whether or not the pipeline that was constructed from the O.N. Stevens plant to the Exxon plant can be used to transport water back and forth; the O.N. Stevens plant is currently pumping about 75 MGD; a Council Member's request for more information on the water exchange; CC Polymers desalination plant currently only creates raw water; the permit for discharge has to account for high salinities in the Bay; the City must decide that a procurement method brings the best value and those decisions include ownership, financing, design, construction, operations and maintenance; a Council Member's request for more information from other sources before making a decision; cost is the key element when it comes to a desalination plant; a Council Member's request to change the projections based on 5,000 gallons per month for residential customers to 1,000 gallons per month; a 30 MGD plant would create about four truckloads of sludge a day; if a 20 MGD plant is built, the estimated rate for all users will go up about $.35 per year for the next ten years; either the Inner Harbor or La Quinta plant will cover about $96M in debt services; as of 2014 up until now, the City has spent about$4.5M towards desalination; and the Request for Qualifications (RFQ) process was completed in 2014 and overseen by Dr. Daniel Deng, Assistant Director of Wastewater. P. EXECUTIVE SESSION: (ITEMS 22 -25) Mayor Guajardo referred to Executive Session Items 21, 23 and 24. The Council went into Executive Session at 5:58 p.m. The Council returned from Executive Session at 7:51 p.m. 22. 21-1282 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 Robert's Rules of Order, firearms, Texas Penal Code §§ 30.06 and 30.07, Texas Government Code § 551.007, AG Op. No. KP-0300, Ream v. City of Heath, and related statutes, cases, and other laws regarding public comment, public forums, and the First and Fourteenth Amendments to the U.S. Constitution. This E-Session Item was withdrawn. 23. 21-1284 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning construction claims including, but not limited to, the acquisition and negotiation of property rights in the Harbor Del Sol Marina and Texas Government Code § 551.072 to discuss and deliberate the potential lease, sale, and/or value of real property rights in said marina, and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or City of Corpus Christi Page 13 Printed on 913012021 City Council Meeting Minutes September 21,2021 financial information pertaining to the aforesaid business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s). This E-Session Item was discussed in executive session. 24. 21-1283 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning construction claims and litigation including, but not limited to, the case of City of Corpus Christi v. JS Haren Company and Merchants Bonding Company and legal issues related to the McBride Lift Station and Force Main Improvements Project. This E-Session Item was discussed in executive session. 25. 21-1285 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning construction claims and litigation including, but not limited to, the case of State of Texas and City of Corpus Christi v. Valero Marketing and Supply Company and Ergon Asphalt and Emulsions, Inc., including potential consideration of a settlement offer in the amount of approximately $2.6 million and the City's obligation to implement a Backflow Prevention Project. This E-Session Item was approved after executive session. The following motion was considered: Motion to authorize the City Manager to execute all documents necessary to settle the future lawsuit of State of Texas and City of Corpus Christi v. Valero Marketing and Supply Company and Ergon Asphalt and Emulsions, Inc., and all documents necessary to receive and administer approximately $1.3 million from the two defendants to be used for the reimbursement to the City for its expenditures incurred for a Backflow Prevention Compliance Project intended to reduce the risk to the City's water supply posed by commercial and industrial connections. Aye: 7- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Lerma, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 2- Council Member Hunter and Council Member Martinez Enactment No: M2021-187 Q. ADJOURNMENT There being no further business, Mayor Guajardo adjourned the meeting at 7:51 p.m. City of Corpus Christi Page 14 Printed on 913012021 City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Friday, May 21, 2021 8:00 AM American Bank Center-Henry Garrett Ballroom 1901 Shoreline Boulevard CITY COUNCIL RETREAT A. Mayor Paulette M. Guajardo to call the meeting to order. Mayor Guajardo called the meeting to order at 8:31 a.m. B. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles K. Risley and City Secretary Rebecca L. Huerta. Present: 9- Mayor Paulette M. Guajardo,Council Member Roland Barrera,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Billy A. Lerma,Council Member John Martinez,Council Member Ben Molina,Council Member Mike Pusley, and Council Member Greg Smith C. City Council Retreat for setting City Council Policy and Project Goals The retreat was facilitated by Mr. Patrick Ibarra. Mr. Ibarra provided a review of the retreat agenda including: identify and discuss benefits from good government; lasting community impacts; enhancing credibility as a governing body; strategies for creating a more credible, effective governing body; wouldn't it be great if...?; stages of group/team development; characteristics of effective groups; establishing guidelines for effective council relations; refresher on the Council-Manager form of government; review and update from City Manager; headwinds: review external and internal factors; discuss mission statement; and discuss potential strategic objectives. Council Members and Mr. Ibarra discussed the following topics: Elected Official Guidelines: 1) Set goals and policy and rely on City Manager to execute and perform; 2) Ask City Manager or Assistant City Managers questions; 3) Communicate with City Manager and staff regarding agenda items; 4) Communicate with other public entities; 5) Be honest and maintain healthy relationships; and 6) Trust is the foundation of a good leader. City of Corpus Christi Page 1 Printed on 101112021 City Council Meeting Minutes May 21,2021 Benefits from Good Government: 1) Improve quality of life; 2) Provide environment that enhances economic development; 3) Deliver services needed by the community; 4) Be transparent; 5) Keep the people first; 6) Create jobs for the future; 7) Maintain infrastructure; 8) Diversity in every aspect; 9) Eliminate wasteful spending; 10) Work as a team; and 11) Protect the environment. Wouldn't it be Great If: 1) Fixing streets; 2) Creating tourist attractions; 3) Fiscally responsible; 4) Diversifying economy; 5) Jobs; 6) Accountability for decisions made; 7) Expanding higher education; 8) Ensure preventative maintenance; 9) Air service expansion; 10) Water security; and 11) Being proactive and responsive. Stages of Group/Team Development: Strengths: 1) All want to move the city forward; 2) Reflection of the Community; 3) Open minded; 4) Complement each other; and 5) Being prepared. Areas of Improvement: 1) Be more honest and build more trust; 2) Direct and tactful; 3) Not be a divided Council; 4) Working relationships with other jurisdictions; and 5) Be more engaged with District council members. Refresher on the Form of Government: Role of the Mayor 1) Preside over meetings; City of Corpus Christi Page 2 Printed on 101112021 City Council Meeting Minutes May 21,2021 2) Sets the tone in the community regarding direction; 3) Keep Council abreast of current developments; 4) Working with other public entities; and 5) Call special meetings. Role of Council Members: 1) Set policies; 2) Serve as liaison between community and organization; 3) Setting City up for success; 4) Bring individual strengths; 5) Advocate for what we believe is right; and 6) Represents community on issues. Role of City Manager: 1) Oversees Day to Day operations; 2) Implement Council policies and goals; 3) Develop budget; 4) Provide leadership to staff; and 5) Keep Council informed of finances. Role of Department Directors: 1) Honest, accurate and timely information; 2) Know and manage their budget; 3) Ambassadors to the community; and 4) Leaders of services and manage the business. Role of city staff: 1) Serve the citizens 2) Problem solvers; and 3) Follow good leadership. Role of community members: 1) Provide input and feedback; 2) Be engaged; and 3) Serve on Boards and committees. "Headwinds" Examine the Present and the Future: 1) New development; 2) Water issues; 3) Small businesses; 4) Primary job growth; 5) Heavy industry; 6) Need tech jobs; and 7) Telling our story. City of Corpus Christi Page 3 Printed on 101112021 City Council Meeting Minutes May 21,2021 Mayor Guajardo recessed the meeting for lunch at 12:00 p.m. Mayor Guajardo reconvened the meeting at 12:50 p.m. City Manager Peter Zanoni provided a report on the City's initiatives and projects in progress as follows: 1) Solid Waste; 2) Parks and Recreation; 3) Neighborhood Housing; 4) Gas; 5) Finance; 6) Office of Management and Budget; 7) Asset Management; 8) IT; 9) City Attorney's Office; 10) Human Resources; 11) Police; 12) Fire; 13) Engineering Services; 14) Public Works; 15) Libraries; 16) Development Services; 17) Planning; 18) Airport; 19) Health District; 20) Water and Wastewater System. D. ADJOURNMENT The meeting was adjourned at 4:43 p.m. City of Corpus Christi Page 4 Printed on 101112021 City of Corpus Christi 1201 Leopard Street / Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Saturday, May 22,2021 8:00 AM American Bank Center-Henry Garrett Ballroom 1901 Shoreline Boulevard CITY COUNCIL RETREAT CONTINUED A. Mayor Paulette M. Guajardo to call the meeting to order. Mayor Guajardo called the meeting to order at 8:39 a.m. B. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles K. Risley and City Secretary Rebecca L. Huerta. Present: 9- Mayor Paulette M. Guajardo,Council Member Roland Barrera,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Billy A. Lerma,Council Member John Martinez,Council Member Ben Molina,Council Member Mike Pusley, and Council Member Greg Smith C. Continuation of the City Council Retreat for setting City Council Policy and Project Goals The retreat continued and was facilitated by Mr. Patrick Ibarra. Mr. Ibarra referred to Potential Strategic Objectives. Council Members and City Manager Peter Zanoni discussed the following topics: INFRASTRUCTURE 1) Alternative water supply discussion 2) Importance of selecting a desalination location 3) Drainage 4) Airport 5) Streets 6) Wastewater/sewer LAND USE 1) Role of Planning Commission to work with Development Services on zoning cases 2) More infill development ECONOMIC DEVELOPMENT City of Corpus Christi Page 1 Printed on 101112021 City Council Meeting Minutes May 22,2021 1) Focus on downtown growth 2) Role of the Port 3) Role of Economic Development Corporation PUBLIC SAFETY 1) Enhance public safety AFFORDABLE HOUSING & HOMELESSNESS 1) Establish shelter with very little restrictions CITY'S APPROACH TO CUSTOMER SERVICE 1) Utility Billing department ANIMAL CARE SERVICES 1) Role of Animal Care Advisory Board AMENITIES AT CITY PARKS 1) Prioritize swim programs and lessons 2) Improve shade structures at playgrounds CENSUS DATA AND CITY DEMOGRAPHICS 1) Review and explore potential impacts to redistricting D. ADJOURNMENT The meeting was adjourned at 11:31 a.m. City of Corpus Christi Page 2 Printed on 101112021 mejorande group MAYOR AND CITY COUNCIL i STRATEGIC PLANNING SUMMARY May 21-22, 2021 Facilitated by Patrick lbarraL The Mejorando Group City of Corpus Christi BENEFITS FROM GOOD GOVERNMENT "Role of local government is to be the protagonisUadvocate for a better quality of life. " • Being there — a sounding board for the community • Maintain infrastructure • Diversity in every aspect • Work as a team • Improve quality of life • Provide environment that enhances economic development • Deliver services needed by the community • Address forgotten areas • Be transparent • Keep the people first • Create jobs for the future • Eliminate wasteful spending • Protect the environment 2 The Mejorando Group City of Corpus Christi WOULDN 'T IT BE GREAT Imagining a time in the future, what would you want residents and future elected officials saying about this governing body in regard to: • Putting the shine on • Accountability for decisions made • To ensure preventive maintenance and asset lifecycle • Provide facilities for people to learn to swim • Fixing streets • Regional leaders • Bringing air service back • Creating tourist attractions • Being proactive • Responsiveness • Expanding air service • Fiscally responsible • Diversifying economy • Brining in minor league basketball • Jobs • Water security • Expanding higher ed • Regional tollway — moving it along 3 The Mejorando Group City of Corpus Christi STAGES OF GROUP/TEAm DEVELOPMENT • Strengths o Think regionally o Complement each other o All want to move the city forward o Reflection of the community o Open minded o Being prepared Areas of Improvement o Maintaining boundaries between policy and administration o Be more engaged with District councilmembers o Be more honest and build more trust o Be direct and tactful o Lack of cohesive ideal for the future o Be careful about getting into the "weeds" o Not be a divided Council o Working with other public entities — County, Port, School District, other cities, etc. 4 The Mejorando Group City of Corpus Christi ELECTED OFFICIALS' GUIDELINES (SUGGESTIONS FROM THE GROUP) • Give each other a ``heads up" regarding issues in their District, other members are contacted about. • Be honest and maintain healthy relationships • Set policy and goals and rely on city manager to execute and perform. • Ask city manager questions • Trust is our foundation • Communicate about agenda items before the Council meeting by working with the city manager and city staff ahead of time. • Communicate with other public entities 5 The Mejorando Group City of Corpus Christi REFRESHER ON THE FORM OF GOVERNMENT • Role of the Mayor o Support for projects identified by Councilmembers o Call special meetings o Preside over meetings o Along with city manager and Councilmembers, set the council meeting agenda o Leader of Council — sets the tone in the community regarding direction o Work with individual Councilmembers to bring people together o Be face of the City — public relations o Work with other public entities o During natural disasters, has lots of authority to make decisions o Cheerleader o Keeping Council abreast of current developments • Role of Councilmembers Set policy and vision o Represents community on issues Vote on legislation, zoning matters; etc. Serve as liaison between community and organization Hire city manager, auditor, secretary, and Municipal Court Judge Bring individual strengths Advocate for what we believe is right Champion for community goals Setting City up for success • Role of City Manager o Provide leadership to staff o Do the hiring o Oversees Day to Day operations o CEO 6 The Mejorando Group City of Corpus Christi o Implement Council policies and goals o Opera tionaliz es vision o Provide accurate and timely information o Advise Council o Develop budget o Keep Council informed of finances o Provides support and to address constituent issues • Role of Department Directors o Honest and accurate and timely information o Serve as member of team to implement goals, policies, etc. o Leaders of services/business areas and manage the business o Ambassadors to the community o Know and manage their budget o Doing terrific job o Make Peter look good o Don't take direction from individual Councilmembers o Situational awareness • Role of city staff o Serve the citizens o Forward facing — community sees them o Ambassadors o Problem solvers o Follow good leaders • Role of community members o Provide input and feedback o Provide funds o Help us help themselves o Be engaged — do their part o Active participants o Inform us about real and perceived issues o Provide services to help fellow citizens o Serve on Boards, Commissions, and committees 7 The Mejorando Group City of Corpus Christi " HEADWIND EXAMINE THE PRESENT AND THE FUTURE • L Citizen Activism ZSOCIal Media • i Service Delivery •. i •• • • Role of airport • Telling our story • New infrastructure • Water issues • Small businesses • Primaryjob growth • Raising bar on tourism and retirement community • Heavy industry • Need tech jobs The Mejorando Group City of Corpus Christi POTENTIAL STRATEGIC OBJECTIVES 1 . Infrastructure Water — staff is to provide options asap. Wastewater/Sewer Drainage — Oso and Flour Bluff areas Airport Streets 2. Land Use — Monitor potential uses for undeveloped land as it relates to infill versus sprawl. 3. Economic Development — EDC will be target tech jobs. • Role of the Port • Downtown 4. Public Safety — Continue 5, 5, 5 Plan with second round of 5 to be addressed this Fall and prior to the FY 22 budget. 5. Affordable Housing — Proposal for Lennar is forthcoming and will be reviewed by Mayor and Council. 6. City's approach to Customer Service — In particular, Utility billing area , 9 The Mejorando Group City of Corpus Christi 7. Animal Care services — Review Live Release Policy, role of Animal Care Advisory Board and possible pay increases for staff. 8. Amenities at City parks — Examine condition of city pools and consider "Learn to Swim" program for city's youth. 9. Census Data and City Demographics - Review and explore potential impacts to redistricting. 10 so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 09/21/21 1852 Second Reading Ordinance for the City Council Meeting 10/12/21 DATE: August 5, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning a property at or near 4121 Waldron Road CAPTION: Zoning Case No. 0821-01, Jeffery C. Lundquist: (District 4) Ordinance rezoning a property at or near 4121 Waldron Road from the"FR" Farm Rural District to the"RE" Estate Residential District. SUMMARY: The purpose of the rezoning request is to allow for the construction of a single-family home. BACKGROUND AND FINDINGS: The subject property is 1.11 acres in size. The subject property is currently zoned "FR" Farm Rural District, consists of vacant land, and has remained since 1983. To the north are properties zoned "FR" Farm Rural District, "RMH" Manufacture House District, and "RS-6" Single-Family 6 District and consist of single-family homes. To the south are properties zoned "FR" Farm Rural District and "RE" Estate Residential District. To the east is a large tract property zoned "FR" Farm Rural District. To the west, across Waldron Road, are large tract single-family properties zoned "FR" Farm Rural District and RE" Estate Residential District. Conformity to City Policy The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for a low-density residential use. The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, and does not have a negative impact upon the adjacent properties. Adjacent properties of similar character were rezoned to the "RE" District in 2008 and 2010. Public Input Process Number of Notices Mailed 5 within 200-foot notification area 1 outside notification area As of August 17, 2021: I n Favor In Opposition 0 inside notification area 0 inside notification area 0 outside notification area 0 outside notification area Totaling 0.00% of the 200-foot notification area* is in opposition. "Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom.The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet/Total square footage of all property in the notification area=Percentage of public opposition ALTERNATIVES: 1. Denial of the zoning to the "FR" Farm Rural District to the "RE" Estate Residential District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Planning Commission recommended approval of the zoning to the "FR" Farm Rural District to the "RE" Estate Residential District on August 4, 2021. Vote Count: For: 6 Opposed: 0 Absent: 3 Abstai ned: 0 Staff recommends approval of the zoning request. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0821-01, Jeffery C. Lundquist: (District 4) Ordinance rezoning a property at or near 4121 Waldron Road from the "FR" Farm Rural District to the "RE" Estate Residential District WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as being a 1 .11-acre tract out of a 55.363-acre tract described in the deed recorded under Clerk's File No. 2021023284, Official Public Records of Nueces County, Texas, as shown in Exhibit "A": from the "FR" Farm Rural District to the "RE" Estate Residential District The subject property is located at or near 4121 Waldron Road. Exhibit A, which is the Metes and Bounds of the subject property with an associated map attached to and incorporated in this ordinance. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1 , 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1 , Section 1 .10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 2 of 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021 , by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021 , by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021 . ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 3 of 5 Exhibit A MURRAY Boss, 1R.-PTE—R-P.L5, 3054S.ALAMF.n�, T.xP:8444 N9XQN M.WEL58, PF.,RP.LS. 861 882-5521—rAx S61 932-1265 ,p-ww.bass-weksh..cam e-mail:mnrragirSi,aol.com e-mail:nizmwliikgmail.com BASS & WELSH ENGINEERING I1 Registration No. F-32 SurTe; Registration 'No. 100[+17-00 P-a- 3nx 6347 Corpna Christi, TX 78466-6347 May 17,2021 Field Nobe Description Being a track situated in Corpus Christi,Nueces County,Texas,a portion of that 55-363 acre tract described in the deed recorded under Clerk's File No-2021023284,Official Public Records of Nueces County,Texas, and bei ng more particularly desscribed by metes and bounds as follows: REGI NIhtING at a 518 inch iron rod set in the existing east right-of-way line of the 40-foot wide Waldron Road, %ience the norlh4vest corner of the 55.363 acres bears S 61'23'53'E 20-00 feet and N 28°36'07°E 200-00 feet: THENCE S 61`23'53"E a distance of 277.50 feet to a 518 inch fort rod set for the northeast comer of this tract, THENCE S 28°36'07'W a distance of 174.24 feet to a 518 inch iron rod set for the southeast comer of this tract; THENCE N 61'23!53"W a distance of 277-50 feet to a 518 inch iron rod set in the existing east rig ht-Gf-way line of Waldron Road for the southwest corner of this tract, THENCE N 28°36'07'E a distance of 174.24 feet to the POINT OF BEGINNING forming a tract embracing 1.11 acres. �IURIiAY BASS,, JR. M Bass, ,R-P.L.S. , f V-44 2128 SUR Nate:Basis of Bearing la 5131e of Texan Lambed G[Id,South Zone,NAD 1963 ?&j:ead 21016-FILM Male deet-UE.tloo EXHIBIT "A" Mage 1 of 1 Page 4 of 5 FAD CL)TTCW 4 ')9"W 1969 9 N b 1'29', eY PLAi 7ATF0 0 S5' 2 t 3"E 277 AREA=4a352 SQ-FT. A1REA=1.11 ACRES .sir ;'Y 0 N 6 J"N I II REIVAJNDER OF 5�- �n < n Li _5 IJI ul FL.':1 IN L,-FF A%-l' E'-.-'-NAL FlI FA7Y T�A"'kS Ci Ir7 ::'L..,`.'E A "3 E PA, I IC-4 cr) co m kxq2' PROPERTY SKETCH5c�- 016 (361) 882-552' 'rI' (361) 582—'D7-' Firr— RCd-37r.-mor NC,. F-52 of 1 Page 5 of 5 PLANNING COMMISSION FINAL REPORT Case No. 0821-01 INFOR No. 21ZN1027 Planning Commission Hearing Date: August 4, 2021 Owner: Jeffery C. Lundquist Applicant: Jeffery C. Lundquist aa�a Location Address: 4121 Waldron Road Legal Description: Being a 1 .11-acre tract out of a 55.363-acre tract described Qin the deed recorded under Clerk's File No. 2021023284, Official Public Records 0 of Nueces County, Texas, located along the east side of Waldron Road, south of Yorktown Boulevard, and north of the BarneyM. Davis Energy Center. From: "FR" Farm Rural District To: "RE" Estate Residential District io Area: 1 .11 acres Purpose of Request: To allow for the construction of a single-family home. Existing Zoning District Existing Future Land Use Land Use Site "FR" Farm Rural District Vacant Low Density Residential "FR" Farm Rural District and Vacant and Low = Low Density North "RMH" Manufactured House Density District Residential Residential "FR" Farm Rural District and Vacant Low Density 0 South "RE" Estate Residential District Residential a� J East "FR" Farm Rural District Vacant Low Density N Residential X Vacant, "FR" Farm Rural District and Public/Semi- Low Density West "RE" Estate Residential District Public, and Low Residential Density Residential 06 Area Development Plan: The subject property is located within the boundaries a of the Flour Bluff Area Development Plan and is planned for a low-density residential use. The proposed rezoning to the "RE" Estate Residential District is a o consistent with the adopted Comprehensive Plan (Plan CC). 05 City Council District: 4 Zoning Violations: None Staff Report Page 2 0 Transportation and Circulation: The subject property has approximately 180 o feet of street frontage Waldron Road which is designated as a "A1" Minor Arterial Street. According to the Urban Transportation Plan, "A1" Minor Arterial Streets = can convey a capacity between 15,000 and 24,000 Average Daily Trips (ADT). ca L Street Urban Transportation Proposed Existing Traffic � Plan Type Section Section Volume " O Williams95' ROW 70' ROW Not Drive Al Minor Arterial 64' paved 30' paved Available Staff Summary: Development Plan: The subject property is 1 .11 acres in size. The applicant is proposing a single-family home. Existing Land Uses & Zoning: The subject property is currently zoned "FR" Farm Rural District, consists of vacant land, and has remained since 1983. To the north are properties zoned "FR" Farm Rural District, "RMH" Manufacture House District, and "RS-6" Single- Family 6 District and consist of single-family homes. To the south are properties zoned "FR" Farm Rural District and "RE" Estate Residential District. To the east is a large tract property zoned "FR" Farm Rural District. To the west, across Waldron Road, are large tract single-family properties zoned "FR" Farm Rural District and RE" Estate Residential District. AICUZ: The subject property is located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ), specifically Accident Potential Zone 2 (APZ-2). According to the Compatible Land Use Guidelines, a residential use with a density of 1-2 dwelling units per acres is acceptable in the APZ-2 designated areas. Plat Status: The property is not platted. Utilities: Water: 12-inch ACP line located along Waldron Road. Wastewater: Not Available. Gas: 2-inch Service Line located along Waldron Road. Storm Water: Roadside ditches located along Waldron Road. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for a low-density residential use. The proposed rezoning to the "RE" Estate Residential District is consistent with the adopted Comprehensive Plan (Plan CC). The following policies should be considered: • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). Staff Report Page 3 • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, and does not have a negative impact upon adjacent properties. • Adjacent properties are in proximity to the subject property were rezoned to the "RE" District in 2008 and 2010. Planning Commission and Staff Recommendation (August 4, 2021): Approval of the change of zoning from the "FR" Farm Rural District to the "RE" Estate Residential District. Number of Notices Mailed — 5 within 200-foot notification area. 1 outside notification area As of July 30, 2021: In Favor — 0 inside notification area _ — 0 outside notification area 0 In Opposition — 0 inside notification area — 0 outside notification area 0 Z Totaling 0.00% of the land within the 200-foot notification area in opposition. a *Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom. The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet / Total square footage of all property in the notification area = Percentage of public opposition Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) Staff Report Page 4 RMH 3 5 4 FR 1 0 FR 2 SUBJECT PROPERTY FR Oc Q� �V R Date Created:712012021 0 250 - Prepared By:JeremyM F2CI Departmem of Oevelopmenr Servk es CASE: 0829-09 LOCATION MAP ZONING & NOTICE AREA RM.1 Multifamilyi IL 4ightl.ndustrial RM2 Multiramtly2 IH Hsavy Industrial RM-3 Multifamily 3PUO Planned Unit Oev.Overlay _ ON Professional OW"e RS-10 Single-Family 10 RM-AT Multifamify AT RS-6 Single-Family0 SUBJECT CN-1 Nelghbcrhood Commertlal RS4.6 Single-Family is CN-2 Neighborhood Commercial RS-TF 1Way /PROPERTY CR-1 Resort Commerciatl RS-16 Single-Family 16 CR-2 Resort Commercial RE Residential Estate CG.1 General Commercial RS-TH 1—h—e, CG-2 General Commercial Sp Special Permit Cl Intensive Commerclal RV Recreational Vehicle Park BD CDowntown.Commercial RMH Manufactured Home CR-3 Resort Commsrciai FR Farm Rural H wetori,Overlay Sources,Esri,HERE,Garmin,USGS, BP Business Park Intermap,INCREMENT P,NRCan, REI SubjeclPwerry awes " Esri Japan,METI,Esn China(Hong n m 200 a xer 0 in!a w City of a.ner:waomsao•ti�redee y aw,�ers Ca�'pus " r Kong(,Esri Korea,Esri(Thailand(, 4 adamadownarshipreele X mopvosil;vn Cht'i I.i NGCC,(c)OpenStreetMap S s Zoning Case #0821 -01 Jeffery C. Lundquist Rezoning for a Property at 4121 Waldron Road From "FR" To "RE" s All al Oma. ,� gm k ",,, Vicinity Map City Council i ; `� September 21, 2021 Aerial Overview �" ,�'„ g�' •SUBJECT P,ROPER+TY Z Zoning Pattern and Adjacent Development �o N � o0 loss i 1061 1989 9 ®PCS `y o �4U 3 Public Notification 5 Notices mailed inside 200' buffer N 1 Notices mailed outside 200' buffer a R Notification Areas � 3 Opposed: 0 (0.00%) R Separate Opposed Owners. 0 .R SUBJECT PROPERTY o; In Favor: 0 (0.00%) 3v Notified property owner's land in square feet/Total square footage of all property in the notification area2.0 = RE Percentage of public opposition Air Installation Compatibility Use Zone (AICUZ) 36 f. h f► Legend 2009 AICUZ APZs 2020 AICUZ APZs "w SNJac4 f Clear Zone Clear Zone SPE APZ I APZ I APZ II APZ II NOLF Waldron ��- Runway Road 5 Planning Commission and Staff Recommendation Approval of the "RE" Estate Residential District Utilities 1ouE N Water: 12-inch ACP 1�UE UBJE Wastewater: Not Available #, 8 Gas: 2-inch Service Line Storm Water: Roadside ditches „*.. Nf f4 ai4 ► a i M 4 w!„ PR E OP R,tTY 't FRTF lK �.z s .a F .w r. r 4 RE Daze Created:7/20/2021 r 0.,” •E 2 , Prepared 8y:JeremyM F Feer 4 4 Deparrmen[ofDevefapmen[3ervices CASE: 0821-01 'LOCATION MAP Aerial with Subject Property M, 4 Subject Property Wald°"w.H o C-.k SUBJECT PRO PER TY Tailings Pond Sources: Esri, HERE,Garmin, USGS, Intermap, INCREMENT P, NRCan, City of Esri Japan, METI, Esri China(Hang Corpus tivr Kang), Esri Korea, Esri(Thailand), Christi NGCC,(c)OpenStreetMap so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 09/21/21 1852 Second Reading Ordinance for the City Council Meeting 10/12/21 DATE: August 5, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning a property at or near 3413 South Staples Street CAPTION: Zoning Case No. 0821-03, Sima and Steve, Inc.: (District 2) Ordinance rezoning property at or near 3413 South Staples Street from the "ON" Neighborhood Office District to the "CN-1" Neighborhood Commercial District. SUMMARY: The purpose is for the allowance of commercial uses in tenant spaces. BACKGROUND AND FINDINGS: The subject property is 0.65 acres in size. The subject property is currently zoned "ON" Neighborhood Office District, consists of a commercial building, and was rezoned from the "RS- 6" Single-Family 6 District in 2017. To the north is a single-family subdivision (Casa Linda Estates; 1955) zoned "RS-6" Single-Family 6 District and an apartment complex (Buccaneer Apartments) zoned "RM-1" Multifamily District. To the south is a commercial multi-tenant strip center zoned "CN-1" Neighborhood Commercial District. To the east is a school and dry cleaners zoned "CN- 1" Neighborhood Commercial District. To the west is a single-family subdivision (Casa Linda Estates; 1955) zoned "RS-6" Single-Family 6 District. Conformity to City Policy The subject property is located within the boundaries of the Midtown Area Development Plan and is planned for a commercial use. The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, and does not have a negative impact upon the adjacent properties. Adjacent properties consist of similar commercial zoning districts near a minor commercial node at the intersection of South Staples Street and Carroll Lane. Additionally, the subject property is within '/4 mile of W.B. Ray High School. Public Input Process Number of Notices Mailed 22 within 200-foot notification area 1 outside notification area As of August 19, 2021: I n Favor In Opposition 1 inside notification area 0 inside notification area 0 outside notification area 0 outside notification area Totaling 0.00% of the 200-foot notification area* is in opposition. "Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom.The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet/Total square footage of all property in the notification area=Percentage of public opposition ALTERNATIVES: 1. Denial of the zoning from the "ON" Neighborhood Office District to the "CN-1" Neighborhood Commercial District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Planning Commission recommended approval of the zoning from the "ON" Neighborhood Office District to the "CN-1" Neighborhood Commercial District on August 4, 2021. Vote Count: For: 6 Opposed: 0 Absent: 3 Abstai ned: 0 Staff recommends approval of the zoning request. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0821-03, Sima and Steve, Inc.: (District 2) Ordinance rezoning property at or near 3413 South Staples Street from the "ON" Neighborhood Office District to the "CN-1" Neighborhood Commercial District WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as Lot 1, Block 2, W.B. Ray Heights Unit 3, as shown in Exhibit "AH: from the "ON" Neighborhood Office District to the "CN-1" Neighborhood Commercial District. The subject property is located at or near 3413 South Staples Street. 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. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1 , Section 1 .10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 2 of 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 3 of 4 Exhibit A SPP \ JG RM-1� \�s9 SUBJECT $y PROPERTY �oP� R 6 f s G? / Ay rp / gam• r a S'6 CT CN-1 A. s T)= CR•1 CreaId.711.' 021 / RS-TF D '-250 500 Ptirepared By:-UeremyM Felt Departmerrr of Developrrienr Service CASE: 0$21-03 a", r�`e LOCATION MAP SUBJECT PROPERTY WITH ZONING ElSubject Property ' b RM-1 Multifamilyi IL Lightlndustual - R•y SUBJECT RM-2 Mult-rfamity 2 IR Heavy d Unit Industrial M4 PROPERTY RM-3 MUIt0am lly 3 PUD Planned Unit ial Overlay ON Professiona10 Rioe RS-10 Single-Family 10 - e" RMATMugf roily AT RS-g Si ng:.F.mily8 a CN-1 Neighborhood Commercial RS4 .5 Single-Family d.6 g,r a CN-2 Neighborhood Commercial RS-TF Two-Family, vQ. h4"yeu CR-1 Resort Commercial RS-15 Single-Family 15 rJ Sa CR-2 Resort Commercial RE Residential Estate CG-1 General Commercl al Rg,TM{Tommhouse CG-2 Gemeral Commercial gp 5pecisl Permit CI I.-Ile Commercial Ry Rec eagonal Vehtde Park Sources Esri,HERE,Garmin,USGS, Cao rwwmb'wn commercial RMH Manufactured Home Intermap,INCREMENT P.NRCan, CR-3 wort Carmn—al Esri Japan,METI:Esli China(Hon FR Farm Rvral City of p g H Historic Overlay Coipus w r '* ,,. Kong(,Esri Korea:,Esri(Thailandd, BP Bualnese Park ChrlStt � NGCC,(c)OpenStree"tMapas s ; Page 4 of 4 PLANNING COMMISSION FINAL REPORT Case No. 0821-03 INFOR No. 21ZN1029 Planninq Commission Hearin Date: August 4, 2021 r_ Owner: Sima and Steve, Inc. o Applicant: Sima and Steve, Inc. u .� Location Address: 3413 South Staples Street a N Legal Description: Lot 1 , Block 2, W.B. Ray Heights Unit 3, located along the Q °� o west side of South Staples Street, south of Texan Trail, and north of Hayward Drive. From: "ON" Neighborhood Office District To: "CN-1" Neighborhood Commercial District io Area: 0.65 acres Purpose of Request: For the allowance of commercial uses in tenant spaces. Existing Zoning District Existing Future Land Use Land Use Site "ON" Neighborhood Office Commercial Commercial Low and Medium Medium and 00 North "RS-6" Single-Family 6 Density High Density r_ m and "RM-1" Multifamily •E u, Residential Residential 0 "RS-6" Single-Family 6 and Commercial and Commercial and C South "CN-1" Neighborhood Low Density Medium Density Commercial Residential Residential •�' Commercial and x "CN-1" Neighborhood Commercial and LU East Public/Semi- Commercial Public Government West "RS-6" Single-Family 6 Low Density Medium Density Residential Residential 06 Area Development Plan: The subject property is located within the boundaries a of the Midtown Area Development Plan and is planned for a commercial. The 2 - proposed rezoning to the "CN-1" Neighborhood Commercial District is a o consistent with the adopted Comprehensive Plan (Plan CC). Q City Council District: 2 Zoning Violations: None o Transportation and Circulation: The subject property has approximately 140 feet of street frontage along South Staples Street which is designated as a "Al" o Minor Arterial Street and approximately 200 feet of street frontage along Hayward Drive which is designated as a "Local / Residential" Street. According = to the Urban Transportation Plan, "Al" Minor Arterial Streets can convey a ca capacity between 15,000 and 24,000 Average Daily Trips (ADT). Staff Report Page 2 Street Urban Transportation Proposed Existing Traffic Plan Type Section Section Volume O South Staples "A1" Minor Arterial 95' ROW 100' ROW 18,088 Street 64' paved 55' paved ADT (2013) m Cn Hayward "Local/Residential" 50' ROW 60' ROW Not Drive 28' paved 30' paved Available Staff Summary: Development Plan: The subject property is 0.65 acres in size. The applicant is proposing commercial uses in tenant spaces. Existing Land Uses & Zoning: The subject property is currently zoned "ON" Neighborhood Office District, consists of a commercial building, and was rezoned from the "RS-6" Single-Family 6 District in 2017. To the north is a single-family subdivision (Casa Linda Estates; 1955) zoned "RS-6" Single-Family 6 District and an apartment complex (Buccaneer Apartments) zoned "RM-1" Multifamily District. To the south is a commercial multi-tenant strip center zoned "CN-1" Neighborhood Commercial District. To the east is a school and dry cleaners zoned "CN-1" Neighborhood Commercial District. To the west is a single-family subdivision (Casa Linda Estates; 1955) zoned "RS-6" Single-Family 6 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: 6-inch ACP line located along Hayward Drive. Wastewater: 8-inch CIPP line located along Hayward Drive. Gas: 4-inch Service Line located along Hayward Drive. Storm Water: Roadside inlets located along Hayward Drive. 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 commercial use. The proposed rezoning to the "CN-1" Neighborhood Commercial District is consistent with the adopted Comprehensive Plan (Plan CC). The following policies should be considered: • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote compact and walkable mixed-use urban villages that concentrate retail and services within walking distance of neighborhood residences and where they Staff Report Page 3 could support improved public transportation service, such as expected major bus stations and future stops for bus rapid transit, creating "transit-ready" locations. (Future Land Use, Zoning, and Urban Design Policy Statement 2). • 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. • Adjacent properties consist of similar commercial zoning districts near a minor commercial node at the intersection of South Staples Street and Carroll Lane. Additionally, the subject property is within '/4 mile of W.B. Ray High School. Planning Commission and Staff Recommendation (June 9, 2021): Approval of the change of zoning from the "ON" Neighborhood Office District to the "CN- 1" Neighborhood Commercial District. Number of Notices Mailed — 22 within 200-foot notification area. 1 outside notification area As of August 17, 2021: In Favor — 1 inside notification area _ — 0 outside notification area 0 In Opposition — 0 inside notification area — 0 outside notification area 0 Z Totaling 0.00% of the land within the 200-foot notification area in opposition. a *Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom. The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet / Total square footage of all property in the notification area = Percentage of public opposition Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) Staff Report Page Staff Report Page 5 f Persons with 6Fwb&1*%Wanrung to elfend this rneelrng,who may require specarl services.are regueeted to Ccrn'lerct tic 13trri uWe"t:, -vj"I. Deportment AI amt 48 hours In advance at(3611 825.3240 PerslYras conInc4p8COW@LSLVd¢;lf^_tr la mtenC�rl de r3sfl�esta jtola t'ode ---- ttt0.1 3tfrvtg�,aeaeciales.se jos sunt�Ca aao den ave-<Q tares;�-e' N_L4_t r?ta If0,Mr1#n al JepatamtlntA de seN 9s de dessrrvrlo,al hlimerQ 136f 1 240.17 If you msn to address Ise Corlriossrwr during the rreeMg and ymur English is lvnreia poasp.Call the r]eweLprrvril T�rvlces Cepanrrcrt at i 3615 82115-3240 at least 48 hours in ediranW to request an onterpreter be prsrWt during trw meet 7g Sr usled des a Mir girse sl_[ r�rnrnsv Lqw*le Id tunl&w su rrrsl@B..!"r!+T!0lr o favor de Hamar al de�a tarrrenln de servicibs de lesarrnik:a' r mere 1351;a2A_a-Y�ranan_a_l*es de is lWM Dari sgirr.-liar in intf-r•-vte W pMfe40 L _si_e a juntil. . CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No, 0827-03 Sima and Steve.Irac. r,aL,lthe City Of Corpus C^ristl'o ccnslcer a charge of zon ing frons the"ON" Neighboft9d Office District tc the 'CN-1" Neighborhood Commercial District, not resulting_in_a change to the Future Land Use Map- The prepeny to be rezoned is.Jescrir.ad as A property located at or near 3413 South Staples Street and described as Lot 1, Block 2, W.B. Ray Heights Unit 3, located along the west side of South Staples Street„ south of Texan Trail, and north of Hayward Chive. The Planning Commission may recommend to City Council approval or dental.or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning if inconsistent with the City's Comprehensive Plan,will also have the effect of amending the Comprehensive Placa to reflect the approved zoning The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council The public hearing will be held Wedriesdal, August 4 2021, during one of the Planning Commissions regular meetings, which begins at 5:30 a.m., in the City Council Chambers 1201 Leopard Street. You are Invited to attend this public hearing to express your view's on this rezoning request For more information please call u;3151;1 826.3240 TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNERI;S;I AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O BOX 9277 CORPUS CHRISTI TEXAS 78469-9277 ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD NOTE: In accordance with the Planning Commission By-Laws. no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office, or in person, by telephone call or by letter. 6 Printed Name ,-m, Address: Jl Le l . e,n, h, City/State '6p,-p. mal jAr ' ` (14I IN FAVOR ( ) IN OPPOSITION Phone: REASON. 4� 1) Sig nature SEL YAP 0 F REVERSE SOF Case No 0621,03 INFOA Carso No 21ZN1029 Project marr;;,pr An&"D"s prcoertyOwner to 13 Em?1 Mdmvw02@cc1@xae com Zoning Case #0821 -03 Sima and Steve, Inc. Rezoning for a Property at 3413 South Staples Street From "ON" To "CN-1" 9 o� a Ice Vicinity Map P - City Council � �, September 21, 2021 Aerial Overview °oz PROP�jE,R�T�Y'� �op� 1 ^► r s r / ` c 4 30 �'' Zoning Pattern and Adjacent Development N goo 1933 1930 p Af 3 Public Notification 22 Notices mailed inside 200' buffer�' � lo 1 Notices mailed outside 200' buffer �� ���� � RM_ "110 SUBJECT PROPERTY Notification Area ' Opposed: 0 (0.00%) ` Separate Opposed Owners-0 14 In Favor: 1 (4.14%) Notified property owner's land in square feet/Total square footage of all property in the notification area A \ RS TF yQ. Percentage of public opposition f / 4 Planning Commission and Staff Recommendation Approval of the "CN- 1 " Neighborhood Commercial District Utilities 6'UE n8 �h GQ o'UE U,E.6 dVQ �a 0 Water: ,o 6-inch ACP rm 6'U.EWastewater: . P 1 8-inch CIPP E. ', pf30OpC . Fiv ar, Gas: 5'U,E, 4-inch Service Line JE�� V e'U,E. ,OL<a E tia Storm Water: Roadside inlets �y ry Q �4' e � 6 ii G I , SUBJECT ova` PROPERi�Y, d r S ,. .. �► o :,� ,� ait � :Grp'� �• �rr s . O ' an �, w a , C. +m** � ♦F „ OW y w <) ° r JR 7 ,F Si T r°�% C if J Y, r . ' . t M1 a �� f� '7319 � �r .�• ^� �, 60P , �•,..+".. /�� ,4 ii %.�,, '^ Y _ f ,.d �ti .- 00, } ` w O , '.k G ;� •, �d� ' �a... Date Created 71191 02i 01, ♦ 50 0• y ": s \ R 5-TF �- Prepare- rem-s Deparnrwr of Development S�ices A CASE: 0827!03 LOCATION MAP Aerial with Subject Property Subject Property SUBJECT PROPERTY n Q r� Sources: Esri HERE Garmin USGS Intermap, INCREMENT i Ni City of Esri Japan, METI, Esri China(Hong Corpus """' I Kong), iKorea Esri (Ti Christi NGCC,(c)OpenStree i ''_ so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 09/21/21 1852 Second Reading Ordinance for the City Council Meeting 10/12/21 DATE: August 24, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning a property at or near 3617 Violet Road CAPTION: Zoning Case No. 0821-02, Dominga Flores: (District 1) Ordinance rezoning property at or near 3617 Violet Road from the "FR" Farm Rural District to the "RS-22" Single-Family 22 District. SUMMARY: The purpose is for the allowance of an existing non-conforming home to become conforming to the standards of the Unified Development Code (UDC) for purposes of selling the property. BACKGROUND AND FINDINGS: The subject property is 0.96 acres in size. The subject property is currently zoned "FR" Farm Rural District, the property was owned by a Baptist Church until 2010 and was purchased by the current owner in 2011. To the north, east, and west are single-family residential subdivisions zoned "RS-6" Single-Family 6 District. To the south is a remaining large tract zoned "FR" Farm Rural District. Conformity to City Policy The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for government uses. The proposed rezoning to the "RS-22" Single-Family 22 District is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map (FLUM). The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, and does not have a negative impact upon the adjacent properties. The existing structure was constructed in 1980 on platted property that was annexed into the City in 1962. The church was converted to a home in 2010-2011. Public Input Process Number of Notices Mailed 24 within 200-foot notification area 2 outside notification area As of August 24, 2021: In Favor In Opposition 0 inside notification area 1 inside notification area 0 outside notification area 0 outside notification area Totaling 2.16% 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 from the "FR" Farm Rural District to the "RS-22" Single-Family 22 District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Planning Commission recommended approval of the zoning from the "FR" Farm Rural District to the "RS-22" Single-Family 22 District on August 4, 2021. Vote Count: For: 6 Opposed: 0 Absent: 3 Abstai ned: 0 Staff recommends approval of the zoning request. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0821-02, Dominga Flores: (District 1) Ordinance rezoning property at or near 3617 Violet Road from the "FR" Farm Rural District to the "RS-22" Single- Family 22 District WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as Lot 2, Kocurek Estates, as shown in Exhibit "K.- from the "FR" Farm Rural District to the "RS-22" Single-Family 22 District. The subject property is located at or near 3617 Violet 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. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1 , Section 1 .10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 2 of 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 3 of 4 Exhibit A RM-2 °o �qr RS-6 G �G O� SUBJ'EC r PR&ER I FR R5-& SrgR[ITF D&.Cre&m 7,012321 0 750 3Q0 � v.— By. �yH Fee[ Deparbnenr oy Oevefopment Services Case: 0821-02 e, SUBJECT PROPERTY WITH ZONING ® SuFged 4 Property _ BJECT --- ePOPER RM-1 Multifam ilyl L Lot hdus,ml ~xx RM 2 Multifamily 3 ea H Hvy hdurtral Y _ RM-3 Multifamily3 P116 Plan ned Unit Qev.Overlay J�8 � ON PrrdessI nnal Office RS1Q Slrtgle-Family 10 & ----- \ RIM Mult'damily Al RS-6 Si ngle-Famlly6 Corp Chriak®ay CN-1 Neighborhoo4Commercal R, 5ligle-Fami ly 4.5 \ CN-2 Neighborhood Commerc al RSTF Tna-Famiy \ CR-1 Resort Comore m'wl ui R8-75 Single-FarnilE CR-2 Resort Commemlal RE Residental Estate AII� CCs1 RSTH Toxnhouse _ C 2 General Cnnmemal SP Special Pemeit q CI htenslveCommercal Ry Recreational Yhide Park Pj CBGOmvn1own Commercial RMH Manufactured Home CR.3 R'esart Commemial FR Farm Rural s C�[yr pf H HM.N.Overlay \'� ,,,,� rap BusiressPark LOCATION MAP LCh%.li Page 4 of 4 Zoning Case #0821 -02 Dominga Flores Rezoning for a Property at 3617 Violet Road From "FR" To "RS-22" �. aM�t N � kqY K� V SUBJECT ?' ��4 ' qa City Council f September 21, 2021 Aerial Overview 9y cR OQ w 1 - aPROPERTY t Tn« Zoning Pattern and Adjacent Development Fa N Ra 4o3 G�3���1 RX-1 19816 g77g 2007 FRO-6 RM-2 QO-Z.0 moo®�' q�og FR �Ig6� 3 Public Notification 24 Notices mailed inside 200' buffer 2 Notices mailed outside 200' buffer RF rz .i F'kp o e G1P Notification Area x o _ P 18 i5 J �O� Opposed: 1 (2.15%) 2' Separate Opposed Owners: 0 B J SUUBJECT PROPERTY 0 G I] In Favor: 0 (0.00%) Rs. 9 Notified property owner's land in square feet/Total square footage of all property in ST9 the notification area Percentaqe of public opposition 4 Planning Commission and Staff Recommendation Approval of the "RS-22" Single-Family 22 District Utilities - Water: 8-inch DIP Wastewater: SUBJECT[PROPERTY 10-inch PVC 8 Gas: 8-inch ,r Storm Water: f 60-inch RCP C PLANNING COMMISSION FINAL REPORT Case No. 0821-02 INFOR No. 21ZN1029 Planning Commission Hearin Date: August 4, 2021 Owner: Dominga Flores Applicant: Dominga Flores Location Address: 3617 Violet Road •Q J '� Legal Description: Lot 2, Kocurek Estates and located along the west side of a m Violet Road (Farm to Market 24), south of Woodway Creek Drive, northwest of o Starlite Lane. From: "FR" Farm Rural District To: "RS-22" Single-Family 22 District E Area: 0.962 acres �o Purpose of Request: Will result in an existing non-conforming home to become conforming to the standards of the Unified Development Code (UDC)for purposes of selling the property. Existing Zoning District Existing Future Land Use Land Use Site "FR" Farm Rural Public Semi-Public Government North "RS-6" Single-Family 6 Low Density Medium Density Residential Residential yMedium Density o M South "FR" Farm Rural Vacant N Residential Low Density J "T Low Density Single Family X East RS-6" Single-Family 6 Residential Residential/ Medium Density Residential West "RS-6" Single-Family 6 Low Density Medium Density Residential Residential Area Development Plan: The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for governmental uses. o The proposed rezoning to the "RS-22" Single-Family 22 District is generally consistent with the adopted Comprehensive Plan (Plan CC) but warrants an amendment to the Future Land Use Map. aMap No.: 063048 City Council District: 1 Zoning Violations: None Staff Report Page 2 ° Transportation and Circulation: The subject property has approximately 90 feet of street frontage along Violet Road (Farm to Market 24)which is designated ° as a "A2" Secondary Arterial Street. According to the Urban Transportation Plan, a N "A2" Secondary Arterial can convey a capacity between 20,000-32,000 Average Daily Trips (ADT). Violet Road is maintained by TXDOt. Urban Proposed Existing Traffic *05 Street Transportation Plan Section Section Volume Type U) (Farm Road 24 "A2" Secondary 100' ROW 120' ROW 9501 ADT Market 2 (Farm Arterial 54' paved 62' paved (2019) Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "FR" Farm Rural District to the "RS-22" Single-Family 22 District to allow for an existing single-family home to be in a conforming zoning district. Development Plan: The subject property is 0.962 acres in size. The applicant has an existing home that was converted from a small church. The purpose of the rezoning is to bring the property into conformance with the Unified Development Code (UDC), Rezoning to the "RS-22" Single-Family 22 District will bring the property into conformity with the development requirements, specifically minimum lot size, set forth in the Unified Development Code (UDC). Existing Land Uses & Zoning: The subject property is currently zoned "FR" Farm Rural District, the property was owned by a Baptist Church until 2010 and was purchased by the current owner in 2011 . To the north, east, and west are single-family residential subdivisions zoned "RS-6" Single-Family 6 District. To the south is a remaining large tract zoned "FR" Farm Rural District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. Utilities: Water: 8-inch DIP line located along Violet Road. Wastewater: 10-inch PVC line located along Violet Road. Gas: 8-inch Service Line located along Violet Road. Storm Water: 60-inch RCP line located along Violet Road. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for government uses. The proposed rezoning to the "RS-22" Single-Family 22 District is generally Staff Report Page 3 consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map (FLUM). The following policies should be considered: • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3) Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, and does not have a negative impact upon the adjacent properties. • The existing structure was constructed in 1980 on platted property that was annexed into the City in 1962. The church was converted to a home in 2010-2011 . Planning Commission and Staff Recommendation (August 4, 2021): Approval of the change of zoning from the "FR" Farm Rural District to the "RS-22" Single- Family 22 District. Number of Notices Mailed — 24 within 200-foot notification area 2 outside notification area As of August 4, 2021: In Favor — 0 inside notification area o — 0 outside notification area ca In Opposition — 1 inside notification area o — 0 outside notification area Z Totaling 2.16% of the land within the 200-foot notification area in opposition. *Created by calculating the area of land immediately adjoining the subject a 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 RM-2 OQ AFF R -6 20 121 .t. 23 14 7 16 0 11. 49 T3 20 i8 i5 3 21 5 1 22 24 susJECr PROPERTY 0 s 17 Rs- 4 9 srgR err Dae crpaed:712112021 o zsa soa J —P—d By ReyR Feet Deyarhnent ofDeeefopmernt Send— Case: 0821-42 ZONING & NOTICE AREA RM-7 Multifam ilyl LLight In dustrial 4 RM-2 MUltifam ily1, IHH—y Industrial EJECT RM-3 Multifamily 3 PUO Planned Unit Der.Orerlay _ __ ON ProfessionaIOffce RS-IA Single-Familyf0 ?ROPER T RM-AT Multifamily AT R5-& Single_Fam ily9 `- - CN-1 NeighborhoodCanmercial RS-4.5 Si rvgle-Fam ily 4.5 orl j CN-2 NeighhhoodC.omme rcial RS-TF TwoFamlly l�8� CR-I Resort CommercialRS-15 Single-Family 15 CR-2 Resort Commercial RE Resident'al Estate CGI Genera l Comma rcia l RS-TH Townlwose Co chligh CG2 General Commercial GI ketervsire Cmnmercal SP Special Penn it `,Q CBD Downs aCommerce) Ry Recreatbrvel Vehicle Park CR-3 Resort Commercial MH Manufxtnred Horne `Q FR Farm.Roral H Historic Overlay a Bp Busi—Park r {� 00'b�ft OOwes inlawr \ , CSV 4°a�a � � x� LOCATION Alr w xt 40 'PO 16 `` r Jx w � 'Y SUB.IEG7r R©PFR ' , �A w : t :A roe, Case: 0821-02 ,.. Aerial with Subject Property BJEC T Subject - _ eROPER ' Property ,'•�. •'� Cor '.C�rrrsrrBay •w \, Map Scale: is?,600 11 ' 9 City of LocArrory n P c°�ti ctno"") PH AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting 9/21/21 Second Reading Ordinance for the City Council Meeting 10/12/21 DATE: September 1, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 UDC Text Amendment to Articles One, Four and Seven that are relative to Landscaping and Tree Planting in single- and two-family residential zoning districts CAPTION: Ordinance amending the Unified Development Code to establish tree requirements in residential street yards for new construction within the City and its extraterritorial jurisdiction, reducing impermeable surface allowed in residential street yards, increasing open space requirements for residential street yards, modifying landscaping requirements for residential districts; modifying alternative compliance for landscaping; and providing penalty for violations. SUMMARY: At the August 10, 2021, public meeting, the Mayor and City Council directed Development Services staff to draft text amendments to the Unified Development Code, or UDC, to require the planting of trees on single-family and two-family residential lots. In order to carry out this task, amendments to the following portions of the UDC appear to be necessary: • Article One — General Provisions; • Article Four— Base Zoning Districts; and • Article Seven — General Development Standards Penalties for violations of the UDC include the denial of Certificate of Occupancy, as well as a fine of up to $2,000.00 per day per violation for any Code Enforcement issues after the fact. BACKGROUND: The City Council adopted the UDC on May 10, 2011, via Ordinance number 029048. Article Seven of the UDC addresses universal minimum development standards such as, but not limited to, off-street parking, landscaping, signage and site lighting. While Article Seven addresses streetscape and vegetative treatments for buffers and parking lots, it is largely concentrated on commercial and industrial development, all the while imposing little to no regulation for single- family or duplex residential development. Article One (General Provisions) provides a number of definitions to support the landscape regulations of Article Seven. Article Four (Base Zoning Districts), specifically §4.2.5.E, references mandatory open space requirements for single- and two-family off-street parking provisions. According to §3.2.1 of the UDC, text amendments may be made from time to time in order to: (a) establish and maintain sound, stable and desirable development within the City or its ETJ; (b) correct textual errors; or (c) adjust the text of the UDC in response to changes in conditions either in a particular area or in the city in general. The effect of these proposed text amendments will be city-wide. This round of amendments was driven by the Mayor and City Council. Since the original Planning Commission hearing on August 181h, Staff has met with the Costal Bend Home Builders Association and found consensus on the proposed text amendments. Additionally, the City is conducting an ongoing survey of the community on their opinions of trees in residential areas. ANALYSIS AND FINDINGS: Per §3.2.3 of the UDC, in determining whether to approve, approve with modifications, or deny a proposed Unified Development Code text amendment, the applicable review bodies shall consider the following criteria: 1. The amendment promotes the purpose of this Unified Development Code as established in Section 1.2. The UDC was established to reflect the City's Comprehensive Plan and its goal to improve and protect public health, safety and welfare. The proposed text amendments appear to further the following goals outlined in Section 1.2: • Subsection A — ensuring that all growth and development which occurs is consistent with this Unified Development Code and with the City's Comprehensive Plan and its adopted components; • Subsection I — minimizing the adverse environmental impacts of development; • Subsection J -- improving the design, quality and character of new development; and • Subsection M —ensuring that development proposals are sensitive to the character of existing neighborhoods. 2. The amendment is consistent with the Comprehensive Plan. The proposed text amendments further the following goals, objectives and policies of the adopted Comprehensive Plan: • Natural Systems, Parks and Recreation Goal 6.1 —Promote tree preservation and tree planting on public spaces and major corridor. • Resilience and Resource-Efficiency Goal 5.2 — Support passive design strategies, such as site designs that take advantage of prevailing winds, sunlight, shade trees, etc. to reduce energy consumption. • Housing and Neighborhoods Goal 3.2 — Quality housing meets the diverse needs of households at all income levels and all stages of the life cycle. • Housing and Neighborhoods Goal 3.5 — New and redeveloped housing is resource- efficient. • Housing and Neighborhoods Goal 3.9—The design of new developments promotes a broader sense of neighborhood and community rather than creating isolated subdivisions or apartment complexes developments with a lack of interconnection. 3. The amendments are consistent with other codes and ordinances adopted by the Citv and are otherwise internally consistent with other provisions of this Unified Development Code, or that any provisions with which the amendments are or may be inconsistent also are proposed to be modified. The effects of all such modifications shall meet the above criteria, promote the public health, safety, and welfare, and be consistent with any applicable federal and state requirements. Parallel amendments to other sections of the UDC are also proposed to maintain consistency throughout. 4. The fiscal impact on the Citv and the effect on taxpayers and ratepayers of the proposed amendment. There are no fiscal impacts anticipated with the adoption of these text amendments, save for nominal adjustments in permitting, review, and existing compliance inspection processes and procedures, as well as enforcement. ALTERNATIVES: 1. Approval of an Ordinance of the City of Corpus Christi, Texas adopting text amendments to the Unified Development Code, or UDC, a component of the City's Code of Ordinances, involving the addition and removal of certain language contained in Articles One, Four, and Seven that are relative to Landscaping and Tree Planting in single- and two-family residential zoning districts; providing for severability; and establishing an effective date; OR 2. Approval of an amended Ordinance of the City of Corpus Christi, Texas adopting text amendments to the Unified Development Code, or UDC, a component of the City's Code of Ordinances, involving the addition and removal of certain language contained in Articles One, Four, and Seven that are relative to Landscaping and Tree Planting in single- and two- family residential zoning districts; providing for severability; and establishing an effective date; OR 3. Denial of an Ordinance of the City of Corpus Christi, Texas adopting text amendments to the Unified Development Code, or UDC, a component of the City's Code of Ordinances, involving the addition and removal of certain language contained in Articles One, Four, and Seven that are relative to Landscaping and Tree Planting in single- and two-family residential zoning districts; providing for severability; and establishing an effective date. FISCAL IMPACT: There are no fiscal impacts associated with this item. RECOMMENDATION: Planning Commission recommended approval of the proposed UDC text amendments on September 1, 2021. Vote Count.- For: ount.For: 6 Opposed: 2 Absent: 1 Abstained: 0 Staff recommends approval of the UDC text amendments. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance amending the Unified Development Code to establish tree requirements in residential street yards for new construction within the City and its extraterritorial jurisdiction, reducing impermeable surface allowed in residential street yards, increasing open space requirements for residential street yards, modifying landscaping requirements for residential districts; modifying alternative compliance for landscaping; and providing for penalty. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding this amendment of the City's Unified Development Code(" UDC"); WHEREAS, a public hearing was held on Wednesday, September 1, 2021, during a meeting of the Planning Commission when said Commission recommended approval of the proposed UDC amendments, and with proper notice to the public, an additional public hearing was conducted on Tuesday, September 21, 2021, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, amendments are to promote public safety, enhance quality of life through visual relief and facilitate development and redevelopment; and WHEREAS, the City Council has determined that this amendment to the UDC would best serve the public's health, necessity, convenience and the general welfare of the City and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The recitals contained in the preamble of this Ordinance are determined to true and correct and are hereby adopted as a part of this Ordinance. SECTION 2. UDC Article 1 " General Provisions", Section 1. 11 Definitions, Subsection 1. 11. 3 Defined Terms is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: ARTICLE 1 . GENERAL PROVISIONS §1.11. Definitions 1.11.3 Defined Terms Canopy Tree: see "Tree, Canopy" Tree, Canopy: Also referred to as a shade tree, is a A tree species designated as such in the Tree List found in the ppegGIOX teSeet+e;To X7.3, Appendix A of this UDC Tree, Understory: May also be referred to as an ornamental tree, is a,4 tree species designated as such in the Tree List found in the Appendix X7.3, Appendix A of this UDC. 1 \\prod-neta pp-gm-as-fsas.tops.gd i\i nsite_data_prod\fi les\CORP\Attach men ts\b26b9f46-77bc-447d-94fa-9ffc2e26899d.docx Xeriscape: The conservation of water through common sense and creative landscaping including good design, soil improvements, limiting lawn areas, use of mulch, use of low- water use drought-tolerant plants, efficient use of water, and good maintenance techniques. More detailed information of Xeriscape techniques and recommended plant material shall be included in the L andgnape Handbn^'- &7.3, Appendix A of the UDC. SECTION 3. UDC Article 4 "Base Zoning Districts", Section 4.2 Measurements, Subsection 4.2.5.E Single and Two-family Residential Parking, is amended by adding the following language that is underlined (added)and deleting the language that is stricken (deleted)as delineated below: ARTICLE 4. BASE ZONING DISTRICTS §4.2. Measurements 4.2.5. Yards 4.2.5.E Single and Two-family Residential Parking 1. The parking of vehicles shall be prohibited in any required street yard except on a paved surface. 2. The cumulative area of any impermeable surface area located in the required street yard, shall not exceed 7-9-04 50% of the area of the required street yard. SECTION 4. UDC Article 7 "General Development Standards", Section 7.3 Landscaping, Subsections 7.3.3 (Application), 7.3.5 (Landscape Handbook), 7.3.6 (Requirements for All Street Yards), 7.3.12 (Measured Compliance) and 7.3.13 (Interior of Vehicular Use Areas), is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: ARTICLE 7. GENERAL DEVELOPMENT STANDARDS §7.3 Landscaping 7.3.3. Application The landscaping requirements of this Section shall apply to building permits for the following: A. New Development 1. New construction on property in all zoning districts, eXGep+ RV, Q_nnu nr r+nnc+r. +inn emeses except for properties located in either the RV or R-MH districts, both of which are subject to separate and distinct design criteria in the UDC; 2. Landscape plans submitted as part of the sited commercial building permit application shall be signed and sealed by a Texas Registered Landscape Architect or certified nursery professional. ' aRGIS ape regi iiromon+c k4i+hin +hic con+inn pro 2 \\prod-neta pp-gm-as-fsas.tops.gd i\i nsite_data_prod\fi les\CORP\Attach men ts\b26b9f46-77bc-447d-94fa-9ffc2e26899d.docx a#er aS aMeRded, fshS;I-pZ49 eVffesrt+v f I I„ 31, I2011. aPIIrIGI-laRt-t8 (`hapten 245 of the GG-VGmfGi TnT+ G-A-de,�this SeGtip.p. NfnT be plinahlo a Valid hi I111lINlr r it applin� N nr lil! n n� ,�. a���te tFe,�,--Q�va,�-cert ate tA-I,ili31�zs11, shSI�ho h�i te thc�P,FOG—F aI Reg liFeMeRtc QFd 20986 C)rd , 2/3/2999 ; Card. 25454, 3/2&2003; Ord. a. For one- and two-family residential building permit applications, proposed site landscaping and supporting information may be indicated on a site plan in lieu of providing a full landscape plan. Content and information to be provided on the site plan shall be at the discretion of the Director of Development Services or designee. B. Existing Development All property With eXiStiRg deVelOpMeRt OR j61IY 31, 2011 V.4hir--h 06 RGt OR GGMPIiaRGe With 6� as a h,I 1 I GI 1 N Pert 06 gFaPtP-d VA.- Construction, or alteration within the street yard results in either of the following: a. Any increase in ground level area by 1,000 square feet or more of existing structures up to 10,000 square feet, or any increase in the floor area by 10% or more of existing structures greater than 10,000 square feet. However, destruction of more than 50% of an existing nonconforming structure as defined by Section 9.4 whose reconstruction does not qualify for an exception under 9.2.1.E of this UDC, shall comply with all landscape requirements and be treated as new development. If destruction is less than 50%, compliance shall not be required unless the ground level floor area is increased beyond the 1,000 square feet or 10% area set forth; or b. Any buildings subsequently added within the street yard. C. Any demolitions and subsequent one- or two-family redevelopment of a residential property that is exempted under 9.2.1.E and/or X9.5.2 of this UDC may be eligible for a reduced tree planting requirement up to 50% of the requirement. 7.3.4 Alternative Compliance The + r f AdjustmoN+ Assistant City Manager of Development Services or designee may approve alternative compliance with Section 7.3 in special cases where there are practical difficulties with the development of a site to strictly comply with the requirements of this Section. Pursuant to Section 3.27 of this UDC, the determination of the Assistant City Manager of 3 \\pred-neta pp-gm-as-fsas.tops.gd i\i nsite_d ata_p rod\fi les\CORP\Attach ments\b26b9f46-77bc-447d-94fa-9ffc2e26899d.docx Development Services or designee may be appealed with the Board of Adiustment. The following guidelines shall be used by the Q^ard "f 4d stmor,+ Assistant City Manager of Development Services or designee to determine if alternative compliance may be approved: A. That satisfying the requirements of this Section would prohibit an owner of property from using land for a use that this Unified Development Code expressly permits; B. That the practical difficulties of meeting the requirements of this Section are unique to that property, and not general in character; C. That the alternative compliance will not adversely affect: the adjoining property; the health, safety and welfare of the general public; the purpose and intent of this Section; or the Comprehensive Plan; and the alternative compliance is done in the public interest. D. Financial hardship due to meeting the requirements of this Section is not sufficient for alternative compliance. 7.3.5. LandsGapee Handbook Reserved Th t_Q Bev pmerat Ser%s Department Gha; 1Ma;Ata iA a d- revTse the La GISGape 7.3.6. Requirements for Street Yards The following landscape requirements shall be a^hioac��rcvedfcr applied to each respective zoning category, eXGept fer GiRgle aPd- b.AVG family Kesical ept0al ses a+�d nn Stared Wprn LQ ;;rd VLQhinlo PArk ,-lic+rin+c A. Farm-Rural (FR), Residential Estate (RE), Single Family1, 2 3 4 T-E)WRhE)a Tw a Camil,' Multifamily 4 2, g Single-family (RS-4.5, RS-6, RS-10, RS-15 and RS-22), Two-family (RS-TF), and Townhouse (RS-TH) Zoning Districts. €XGeptasPeted elsewhere,the rpipi Te96i;redlea;assapedareaOs '-n�f—t#e Of 0.06 PGORtS per sq6iare feet of tetal street yard are.a. k1l,_00-family resideRtial 61ses ron„iFed h„+hiss ihcon+iep For FR, RE, all RS, Townhouse and Two-family zoning districts, except as noted elsewhere, the minimum required open space shall be 50% of the total street yard. Open space shall consist of ground cover and free of any impervious material. 1. For new single-and two-family residential construction, the following minimum number of street yard trees shall be installed prior to the issuance of a Certificate of Occupancy/Completion: a. RS-4.5 and 6 zones and RS-TH zones, two canopy trees or one canopy tree and one understory tree; b. RS-10 and 15 zones and RS-TF zones, two canopy trees; 4 \\pred-neta pp-gm-as-fsas.tops.gd i\i nsite_d ata_p rod\fi les\CORP\Attach ments\b26b9f46-77bc-447d-94fa-9ffc2e26899d.docx C. RS-22 zones, three canopy trees; d. RE zones, four canopy trees; e. FR zones, five canopy trees; f. Within the City's Extra-territorial Jurisdiction (ETJ), residential properties that are not intended for multi-family housing shall abide by the following schedule: (1) Properties 0.50-acre to one acre in size, three canopy trees; (2) Properties greater than one acre in size, four canopy trees; 2. Required street yard trees shall be planted outside of any recorded or prescriptive easement and in a manner that maintains a minimum 5-foot diameter clear space ring that is centered on the tree planting to ensure that on-premise utility lines or building foundations are not compromised due to root spread. 3. All required street yard trees shall be in accordance with the approved plant list outlined in Appendix A. 4. All residential sites shall abide by section 7.3.6.A.1 except if the predominant soil is sandy loam. In this scenario, a palm tree with a minimum trunk height of five feet may be planted to meet the requirements of this section. ISI hbGFhGGGI 'no hbGFhGA-d- mm �I G I mm �I o B. ,-rc+g-r, ;��Pdcig-r, �„,,,�er�;����ee �„,,,�er�;�l+�teesw� GAMMorn431 fl nWm4nWn ('`nmm9rn431 7nninrr I,ic4ri n4c 0 be IaRGIGGaped with plapt Material te �ar--hftavea �;; M....P...rnu.rn A-f 0.02 PGiRtG per square feet A tetaa strop+ yard area. For RM-1, RM-2 and RM-3 Multifamily Districts and the RM-AT Multifamily AT District, except as noted elsewhere, the minimum required landscaped area shall be 30% of the total street yard. Open space shall consist of ground cover and free of any impervious material. The street yard shall be landscaped with plant material to achieve a minimum of 0.06 points per square foot of total street yard area. Multi-family residential uses within commercial zones shall provide the minimum required landscape area and points as required in this subsection. C Re-.,..+ rn—rn.. Wr^;al wing nisWG* Neighborhood Office, Neighborhood Commercial, General Commercial, Intensive Commercial, Central Business Zoning Districts. The minimum required landscaped area is 15% of the total street yard. The street yard shall be landscaped with plant material to achieve a minimum of 0.02 points per square foot of total street yard area. D. ^��� Resort Commercial Zoning District 1. In a Resort Commercial District, the minimum required landscaped area is either 80% of the entire area within the required street yard setback or 100% of the street yard setback area exclusive of driveway approaches, whichever is the less. The area shall be landscaped with plant material to achieve a minimum of 0.15 points per square foot of the area within the required street yard setback. The area within the remaining street yard is required to have a minimum of 15% landscaped area 5 \\pred-neta pp-gm-as-fsas.tops.gd i\i nsite_d ata_p rod\fi les\CORP\Attach ments\b26b9f46-77bc-447d-94fa-9ffc2e26899d.docx and shall achieve a minimum of 0.02 points per square foot of the remaining street yard. Each of these landscape areas and point requirements shall be calculated and complied with separately. In a Resort Commercial District for any use other than a single-family or two-family residential use, if the lot or parcel does not abut a local street, the minimum required landscaped area is either 80% of the entire area within the required street yard setback or 100% of the street yard setback area exclusive of driveway approaches, whichever is the less. In a Resort Commercial District, any use other than a single-family or two-family residential use, if the lot or parcel abuts a local street, shall include a 20-foot landscaped setback area with a 6 foot stucco-type fence, required by Section 6.4.7, behind the landscaped setback area. The minimum required landscaped area is 100% of the entire area between the right-of-way line and the required stucco-type fence. The area shall be landscaped with plant material to achieve a minimum of 0.20 points per square foot of the area between the side yard property lines, the fence, and the local street right-of-way. A canopy tree listed in the Plant List shall be planted in the designated landscape areas every 30 feet on center. E. Business Park. Light Industrial. Heavy Industrial Zoning Districts The minimum required landscaped area is 15% of the total street yard. The street yard shall be landscaped with plant material to achieve a minimum of 0.02 points per square foot of total street yard area. When a building site is used for uses permitted only in the Heavy Industrial District, the site may alternatively have a continuous screen of trees and shrubs planted adjacent to property lines abutting non-industrial zoning districts and street frontages so that such site is totally screened from all such zones and streets. The trees and/or shrubs shall be of a variety that will mature to at least 8 feet in height. This planting shall not be provided within the visibility triangles of driveways or streets. 7.3.12. Measured Compliance The following point schedule and requirements apply in all zones to ground planted with established perennial plants in landscaped areas. New or existing plants which are larger than the maximum size listed shall not be credited with additional points. See the '' 'pie #apbeek Appendix A for the Plant List. D. Existing Trees Healthy existing trees inches in caliper or greater and healthy existing palms of a minimum 21 5 feet trunk height achieve the same amount of points as indicated in point schedules. 6 \\prod-neta pp-gm-as-fsas.tops.gd i\i nsite_data_prod\fi les\CORP\Attach men ts\b26b9f46-77bc-447d-94fa-9ffc2e26899d.docx 7.3.13. Interior of VehiGUlar Use Areas Required Tree and Shrub Plantings A. All trees-iPthe—iPterire#wehi^, 'mese areas shall 2 202' er greater All trees within the vehicular use areas of either non-residential or multi-family properties shall be 2.5-inches caliper in size or greater. B. All palms Op the Epterler of vehi^,�r—Hse areas sh^;;11 be—a minim m of 7 feet tp* All trees within one- and two-family residential street yards shall be 1.5-inches caliper in size or greater. C. All palms within one- and two-family residential street yards shall be a minimum of 5-foot trunk height, while all palms within it the ipte.ri^r .,f the vehicular use areas of either non- residential or multi-family properties shall be a minimum of 7-foot trunk height D. Minimum three-gallon container size shrubs are required for all required effective visual screens for vehicular use areas. 7.3.17. Maintenance and Inspection B. The installation of Landscape material, as shown on the approved landscape plan, shall be certified by the property owner's Landscape Architect, Certified Nursery Professional, or registered professional engineer, and shall be inspected and approved by the Assistant City Manager of Development Services prior to the issuance of a certificate of occupancy. Landscape installation may be delayed for up to six months during a declared natural disaster or demonstration of supply chain interruption. Any extension beyond six months requires approval by the Board of Adjustment. F. All residential structures constructed after October 1, 2022, in single-family, two-family, and townhouse districts are required to have the required landscaping per Section 7.3.6, A. of this UDC. 7.3.18 Enforcement A. The Assistant City Manager of Development Services or designee shall review each landscape plan submitted to determine if it complies with the requirements of this Code and other applicable sections of the Municipal Code. All landscape plans must comply with the mandatory requirements for the site. However, effective October 1, 2021, all new single and two-family residential building permits may be subject to abbreviated landscaping requirement of one canopy tree or one understory tree within the street yard at a minimum size of a one inch caliper until October 1, 2022. 7 \\prod-neta pp-gm-as-fsas.tops.gd i\i nsite_data_prod\fi les\CORP\Attach men ts\b26b9f46-77bc-447d-94fa-9ffc2e26899d.docx C. If the required landscaping is not submitted, the landscape inspector may, when demonstrated extenuating circumstances prevent the installation of landscape improvements, issue a temporary certificate of occupancy. The owner of the property will have a period of 90 days to provide the necessary landscaping to meet the requirements of this Code for commercial building permits, as shown on the approved landscape plan or a revised landscape plan shall be submitted for review and approval. SECTION 6. If for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this Ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this Ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision of this Ordinance be given full force and effect for its purpose. SECTION 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. 8 \\prod-neta pp-gm-as-fsas.tops.gd i\i nsite_data_prod\fi les\CORP\Attach men ts\b26b9f46-77bc-447d-94fa-9ffc2e26899d.docx That the foregoing Ordinance was read for the first time and passed to its second reading on this day, the day of , 2021, by the following vote: Paulette 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 day, the day of 2021, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this day, the day of , 2021. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor 9 Tree Planting Ordinance Unified Development Code (UDC) Text Amendment City Council September 21, 2021 Facts about Corpus Christi • Western Gulf Coastal ,.5 Plain • Relatively Flat topography 26"- 37" Annual Precipitation • 71 % Clay soil • 7t" Windiest City Why now? t • Promoted by the Comprehensive Plan • Encourage tree protection • Positive contributions to environment = " - positive contributions to people. Positive Contributions • Storm Water Management (Low Impact Development), • Street Infrastructure • Reduced impervious surface leads to reduced runoff which leads to longer street lifespan. • Quality of Runoff • Nitrates, Phosphorous, petroleum runoff, and heavy metals • Energy (Heat Island Effect) • 10°- 20° F reduction of ground temperature • Air Quality • Odors, Temperature, Velocity, and Noise Reduction. • Pedestrian Safety • Physical and mental health • Complete Streets and Neighborhood Aesthetics Tree Survey ... . . Tree Planting Requirements 2,320,268 HOUSTON A.Lot 5,000 SF or less:(1)tree.New or Preserved.(1)in the right-of-way. B.Lot 5,000 SF or greater: (2)Trees New or preserved.(2)in the right-of-way. 1,547,253 SAN ANTONIO 38%Tree Canopy Cover Requirement per lot. A.7,500 SF or More:(3)Min.large or medium nursery stock trees in the front yard. 1,343,573 DALLAS B.Between 4,000 and 7,499 SF:Min.(2)large or medium nursery stock trees in the front yard. C.4,000 SF or less:Min.(1)large or medium nursery stock tree per lot. 978,908 AUSTIN A. At least(2)trees of at least two different species if the lot is in a single family residence small lot(SF4A-3600 SF) B. At least(3)trees of at least two different species if the lot in zonings other than SF4A. Minimum retained or planted canopy coverage:40%.Reduced to 25%if: a.One tree per lot is planted on all lots up to 5,000 square feet in area 741,206 FORT WORTH b.One additional tree for each additional 5,000 square feet of lot area,or fraction thereof is planted,up to a maximum of nine trees per residential lot C.The remaining portion of the 25%canopy coverage may be provided in public rights-of-way,parks,homeowner's association lots or boundary street parkways. 649,121 EL PASO Every lot over twenty feet wide shall have at least one street tree.The spacing for all street trees shall be at thirty feet or less for all streets. Front Yard landscaping:15%vegetative cover,or at least 10 shrubs or one tree(at least 25%of vegetative cover). (A)Single-family detached Streetscape: 365,438 ARLINGTON (1)Lots with 60 linear feet or less of street frontage:(1)tree per lot,evenly spaced. (2)Lots with greater than 60 linear feet of street frontage:(2)trees per lot,evenly spaced.(iii)For the length of frontage on the side street of corner lots:(1)street tree per 35 linear feet,evenly spaced (B)Single-family attached Streetscape:One tree per lot,evenly spaced. 259,841 PLANO One shade tree(3-inch caliper minimum)or an approved ornamental tree per lot. 259,151 LAREDO A.5,000 SQF or Less:(1)three inch caliper tree planted in front B.5,000 SQF or more:(1)three inch caliper tree planted in front,(1)located per owner/developer preference. 253,851 LUBBOCK Either one canopy tree or two ornamental tree per street frontage. 5 Existing Development INS ,.0 �e 40 �li E r � - 1,BoherT�i�_h Colony, ` ' "' -- Rancho Vista �' New Development t .caa.. .. 4:. :✓ .w�.. .,...... Street Yard Planting Requirements Zoning Districts: • RS-4.5, RS-6, and RS-TH — 2 Canopy or 1 Canopy and 1 Understory Tree • RS-10, RS-15, and RS-TF — 2 Canopy Trees • RS-22 — 3 Canopy Trees • RE — 4 Canopy Trees • FR — 5 Canopy Trees • Extra Territorial Jurisdiction (ETJ): • 0.50 to 1 acre — 3 Canopy Trees • 1 acre and greater — 4 Canopy Trees Size: • 1 .5-inch caliper • If predominantly Sandy Loma soils option for a palm tree at a minimum of 5-foot trunk height Implementation Plan Incremental Implementation: • October 2021 • 1 Canopy Tree or 1 Understory Tree • 1-inch caliper in size • October 2022 • 2 Canopy Trees or 1 Canopy Tree 1 Understory Tree • Outside setbacks and easements • 1 .5-inch caliper size Tree Types CANOPY Scientific Name Common Name *Carya illinoensis Pecan Casuarina cunninghamiana Australian Pine (Island Only) Chilopsis linearis Desert Willow *Ehretia anacua Anaqua Fraxinus berlandieriana Mexican Ash Fraxinus velutina Arizona Ash *Pinus eldarica Afgan Pine (sandy soils only) *Pinus elliotti Slash Pine (sandy soils only) Pinus halepensis Alleppo Pine (sandy soils only) Pithecellobium flexicaule Texas Ebony *Prosopis glandulosa Mesquite *Quercus macrocarpa Bur Oak *Quercus virginiana Live Oak (nursery grown) *Sapindus drummondii Western Soapberry Taxodium distichum montezuma Montezuma Bald Cypress *Ulmus crassifolia Cedar Elm *Indicates protected tree as per UDC Section 7.3.5. Tree Types UNDERSTORY TREES Scientific Name Common Name Acacia farnesiana Huisache, Sweet Acacia Cordia boissiere Wild Olive Ilex decidua Possumhaw Holly Ilex vomitoria Yaupon Holly Tree Lagerstroemia indica Crapemyrtle Laurus nobilis Bay Laurel (in sandy soils only) Parkinsonia aculeata Retama, Jerusalem Thorn Persea borbonia Native Sweetbay(in sandy soils only) Pinus thunbergiana Japanese Black Pine(sandy soils only) Pyrus kawkamii Ornamental Evergreen Pear Sophora secundiflora Texas Mountain Laurel Vitex agnus-castus Lavender Tree Site Plan Single-Family Home -- --- © ------ y Zoning: cv - - - RS-4.5 - -� --- --t----- m Trees: r W I 2 Canopy or 1 Canopy and 1 25'Y11 I Understory ing Tree w� 1 .5" Caliper c�ricsis, < w OF A Location: � R 5' �J ® 9 55.61 5' Ring • Outside of Easements Water Source IS'-o' 12 J• 26'-''/a• 15'-0• Existing Development UDC Section 7.3.3.6 1. Construction, or alteration within the street yard results in either of the following: a. Any increase in ground level area by 1,000 square feet or more of existing structures up to 10,000 square feet, or any increase in the floor area by 10% or more of existing structures greater than 10,000 square feet. However, destruction of more than 50% of an existing nonconforming structure as defined by Section 9.4, whose reconstruction does not qualify for an exception under 9.2.1 .E of this UDC, shall comply with all landscape requirements and be treated as new development. If destruction is less than 50%, compliance shall not be required unless the ground level floor area is increased beyond the 1 ,000 square feet or 10% area set forth; or a. Any buildings subsequently added within the street yard. b. Any demolitions and subsequent one- or two-family redevelopment of a residential property that is exempted under $9.2.1 .E and/or § 9.5.2 of this Section may be subiect to abbreviated landscaping requirements. 14 Maintenance and Enforcement Single-Family Homes • Site Plan Review • Inspections • Issuance of Certificate of Occupancy • Enforcement: • Existing Trees • New language for installation Planning Commission and Staff Recommendation Approval of the proposed UDC Text Amendments Questions? Development Services I City of Corpus Christi (cctexas.com) https://www.surveymonkey.com/r/MV88MXW Survey Results • 252 Respondents • Highlights: • 77.50% want a street with substantial tree coverage • 75% Strongly Agree or Agree that Trees make property more valuable • 40% of respondents have moderate greenery • 76% have at least one tree in their front yard • 31 % want a small/medium tree, 40% large tree • Respondents: 51 % District 4; 21 % District 5; 13% District 2; 8% District 1 ; and 7% District 3. 18 Tree Protection 7.3.12.11): Existing Trees Healthy existing trees 2- 1_5 inches in caliper or greater and healthy existing palms of a minimum -2 5 feet trunk height achieve the same amount of points as indicated in point schedules. 7.3.15: Tree Protection Credit 1. Credit shall be given for tree and palm preservation within the street yard or landscaping areas. Trees and/or palms preserved from the Plant List in compliance with this Section may satisfy the tree and palm requirements of Subsection 7.3.12. 2. All trees and palms to be preserved within an approved building site shall be flagged and encircled with protective fencing that extends beyond the full spread of the tree branches. No construction activity shall occur in an area that constitutes more than 50% of the critical root zone (as measured from the edge of the drip line to the trunk of the tree and palm) for each tree or palm being reserved. The critical root zone shall be left in a pervious condition after construction and development are completed. The root protection zone for each preserved tree or palm must remain unpaved until approval has been given by the Assistant City Manager of Development Services. 3. A reduction of up 5% of the required parking spaces shall be permitted when healthy, existing trees or palms identified in the Plant List are preserved on the property to satisfy the tree and palm requirement of Subsection 7.3.12. Landscape areas which qualify for the reduction of required parking spaces must provide impervious area of the critical root zone on a square foot for square foot basis.An average parking space, including aisles, is 350 square feet. Water Consumption Use Tree Watering: • Once a day for two weeks • 10 gallons per inch of caliper • 1 .5" = 15 gallons • 2 weeks = 210 gallons • Texans use 164 gallons a day, roughly 5,000 gallons a month • Water Rate: • $13 first 2000 gallons • $0.10 for 15 gallons • $0.0065 per gallon Residential use Tree watering 14 days = $1 .36 Soil Types Map D Victoria Clay Victoria Loam Nueces Fine Sand _ Victoria Fine " Sandy Loam Lomalta Clay Corpus Christi Clay Coastal Beach 21 Soil Type Percentages Soil Type �i ■ Victoria Clay m Victoria Loam Nueces Fine Sand ■ Victoria Fine Sandy Loam • Lomalta Clay Corpus Christi Clay ■ Coastal Beach Flood increase • 100-year Flood Event 24-hour event • Original level was 12.5 inches New level is 14 inches Higher interval of 100- _., g _ year events. TEXAS .,. ... .. Appendix A The plant list will be incorporated into the Landscape Handbook and amended from time to time by a committee represented by the Corpus Christi Botanical Gardens, Nueces County Agricultural Extension Services, a practicing professional landscape architect, Xeriscape Corpus Christi, Beautify Corpus Christi and other recognized experts in local .......................................................... ............................. plant material. .......................................... Plant List. Plants in this list were selected based on average use and sustainability in commercial landscape applications and maintenance. Landscape plants have been classified for local desirability according to the amount of litter they produce, their ability to withstand prevailing winds, compatibility with overhead and underground utilities and have been proven ...................... locally. It is important to note that not all of these plants can be used throughout the Corpus Christi area. Specific plant selection should be made after a thorough analysis of each site considering prevailing wind, salt spray, soil type and hydrology, shade or sun situation and size of plant at maturity. Plants qualified for inclusion in the Plant List and Points are as follows: Scientific Name Common Name *Carya illinoensis Pecan Casuarina cunninghamiana Australian Pine (Island Only) Chilopsis linearis Desert Willow *Ehretia anacua Anaqua Fraxinus berlandieriana Mexican Ash Fraxinus velutina Arizona Ash *Pinus eldarica Afgan Pine (sandy soils only) *Pinus elliotti Slash Pine (sandy soils only) Pinus halepensis Alleppo Pine (sandy soils only) Pith ecellobium flexicaule Texas Ebony *Prosopis glandulosa Mesquite *Quercus macrocarpa Bur Oak *Quercus virginiana Live Oak (nursery grown) *Sapindus drummondii Western Soapberry Taxodium distichum montezuma Montezuma Bald Cypress *Ulmus crassifolia Cedar Elm *Indicates protected tree Scientific Name Common Name Acacia farnesiana Huisache, Sweet Acacia Cordia boissiere Wild Olive Ilex decidua Possumhaw Holly Ilex vomitoria Yaupon Holly Tree Lagerstroemia indica Crapemyrtle Laurus nobilis Bay Laurel (in sandy soils only) Parkinsonia aculeata Retama,Jerusalem Thorn Persea borbonia Native Sweetbay(in sandy soils only) Pinus thunbergiana Japanese Black Pine (sandy soils only) Scientific Name Common Name Pyrus kawkamii Ornamental Evergreen Pear Sophora secundiflora Texas Mountain Laurel Vitex agnus-castus Lavender Tree Scientific Name Common Names Acalypha spp. Copperleaf, Copperplant Agapanthus spp. Blue Lily of the Nile Agave americana Century Plant Antigonon leptopus Coral Vine, Rosa-De-Montana, Queens Aptinia condifolia Heart and Flowers Asparagus sprengeri Asparagus Fern Aspidistra elatior Aspidistra, Cast Iron Plant Berberis(Mahonia) trifoliata Agarita, Agarito Bamboo spp. Bamboo Bougainvilla spp. Bougainvillea Caesalpinia spp. Bird of Paradise Bush, Mexican Poinsianna Callistemon spp. Bottlebrush Campsis radicans Trumpet Vine,Trumpet Creeper Capsicum annuum Chilipiquin Carissa spp. Natal Plum Cassia alata Candlestick Tree Cassia spp. Cassia Cortaderia selloana Pampas Grass Cuphea hyssopifolia Mexican Heather Dasylirion texanum Sotol Delosperma spp. Ice Plant Duranta repens Brazalian Sky Flower Elaeagnus pungens Silverberry Eriobotrya x "Coppertone" Coppertone Loquat Erythina herbacea Coral Bean Euryops pactinatus Grayleaf Euryops Feijoa sellowiana Pineapple Gauva Ficus pumila(repens) Fig Ivy Gamolepis chrysanthemoides Golden Shrub Daisy Ginger spp. Flowering Ginger Hamelia patens Fire Bush, Hummingbird Bush Hedera canariensis Algerian Ivy Hedera helix English Ivy Hemerocallis spp. Daylillies Hesperaloe parviflora Red Yucca Hibiscus syriacus Althea, Rose-of-Sharon Ilex cornuta Dwarf Chinese Holly Ilex decidua Possumhaw Holly Scientific Name Common Names Ilex vomitoria Yaupon Ilex vomitoria nana Dwarf Yaupon Ipomea fitulosa Bush Morning-Glory Jasminum floridum Italian Jasmine Jasminum mesnyi Primrose Jasmine Jatropha spp. Jatropha Juniper spp. Juniper Justicia brandegeana Shrimp Plant Justicia suberecta Mexican Shrimp Plant Lagerstroemia spp. Crapemyrtle Lantana spp. Lantana Leucophyllum spp. Texas Silverleaf, Sage, Cenizo Ligustrum spp. Ligustrum Liriope gigantean Giant liriope Liriope muscari vars. Lily Turf, Liriope (Std., "Big Blue") Lonicera japonica chinensis Japanese Purple Honeysuckle Malpighia glabra Barbados Cherry Malvaviscus drummondii Turk"s Cap Moraea spp. African Iris Musa spp. Banana Plant Nandina domestica Nandina Nandina domestica "Nana" Dwarf Nandina Nerium oleander Oleander Ophiopogon japonica Mondo Grass, Monkey Grass Passiflora alatocaerulea Passion Vine (P. pfordtii) Philodendron selloum Philodendron Pittosporum spp. Pittosporum (excluding Dwarf) Plumbago auriculata(P. Capensis) Blue Plumbago Podocarpus macrophyllus Yew Poliomentha longiflora Mexican Oregano Puncia granatum Pomegranate (Regular& Dwarf) Pyracantha spp. Firethorn, Pyracantha Raphiolepis indica Indian Hawthorne Rosemarinus officinales Prostrate Rosemary Russelia equisetiformis Firecracker Plant Sabal minor Palmetto Palm Salvia farenaceae Blue Sage, Mealy Sage Salvia greggii Autumn Sage Schinus molle California Pepper Tree Stralitzia spp. Bird of Paradise Senecio confusus Mexican Flame Vine, Mexican Love Vine Setcreasea purpurea Purple Heart Tecoma stans Yellowbells Tecomaria capensis Cape Honeysuckle (Tecoma capensis) Scientific Name Common Names Thyrallis glauca Yellow Plumbago Trachelospermum asiaticum Asian Jasmine, Trachelospermum jasminoides Confederate Jasmine, Star Jasmine Verbena bipinnapifida and rigida Perennial Verbena Viburnum spp. Viburnum Vinca major Large Vinca Vinca minor Small Vinca Xylosma congestum Xylosma Yucca pendula Softleaf Yucca Yucca thompsonia Thompson Yucca Yucca treculeana Spanish Dagger Wedelia trilobata Wedelia Scientific Name Common Name Arecastrum romanzoffinum Queen Palm (Cocus Plumose) Brahea armata Mexican Blue Palm Butia capitata Pindo, Cocos Australis,Jelly Palm Chamaerops humulis Mediterranean Fan Palm Livistona chinensis Chinese Fan Palm Phoenix canariensis Canary Island Date Phoenix dactalifera Texas Date Palm Sabal palmetto Cabbage Palm (Florida Sabal) Sabal texana Texas Sabal Syagrus romanzonffiana Cocus Plumosa Trachycarpus fortunei Windmill Palm Washingtonia filifera Fan Palm (Freeze Hardy) Washingtonia robusta Fan Palm PLANTS NOT REQUIRED TO HAVE PERMANENT IRRIGATION The following plants do need watering the first year to successfully establish. The plants listed in the Shrubs, Vines, Groundcover and Herbaceous Perennials category cannot be planted with plants that are on the following list. In order to create a landscape area without irrigation, only the following plants from this list can be used in that landscape area. These plants are not acceptable as parking buffers for vehicular use areas. ..................... ......................................................... Scientific Name Common Name Agave spp. Agave Aloe spp. Aloe Vera Asparagus densiflorus Sprengeri Asparagus Fern Bulbine frutescens Bulbine Cacti spp. Cactus Sciei,i^fi:il;ame Common Name Scientific Name Common Name Arecastarum romanzoffinum Queen Palm (Cocus Plumose) Brahea armata Mexican Blue Palm Chamaerops humulis Mediterranean Fan Palm Sabal palmetto Cabbage Palm Sabal texana Texas Sabal Washingtonia robusta Fan Palm Washingtonia filifera Fan Palm (Freeze Hardy) AGENDA MEMORANDUM r First Reading Ordinance for September 21, 2021 Second Reading Ordinance for October 12, 2021 DATE: August 10, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director, Development Services Al Raymond(a)cctexas.com (361) 826 - 3276 Second Amendment to the Wastewater Lift Station Construction and Reimbursement Agreement with Peterson Properties, Ltd. to increase the total reimbursement amount in the agreement by $33,921 .16. CAPTION: Ordinance authorizing a second amendment to the Wastewater Lift Station Construction and Reimbursement Agreement with Peterson Properties, Ltd.to construct the Wastewater Lift Station for the Greenwood Service Area 5 and according to the Wastewater Master Plan approved on July 6, 2020 and located at the intersection of Westpoint Rd. and S. Padre Island Drive (Highway 358 FWY); and appropriating $33,921.16 from the Wastewater Trunk System Trust Fund to reimburse developer. (District 3) SUMMARY: Peterson Properties, Ltd entered into a wastewater lift station construction and reimbursement agreement to provide wastewater service for Westpoint Crossing Unit 2, Block 2, Lot 1 . The developer has requested a second amendment to the reimbursement agreement for reimbursement of additional costs associated with the project. BACKGROUND AND FINDINGS: Peterson Properties, Ltd requested, and was approved for the Wastewater Lift Station Construction and Reimbursement Agreement for the construction wastewater lift station. The approved reimbursement amount for the agreement is $712,412.82 under Ordinance 0322665 dated November 10, 2020. Peterson Properties, Ltd is installing a lift station, 75 linear feet of 8-inch force main line, and 110 linear feet of 10-inch collection line in order to provide wastewater service to a planned commercial subdivision that will be constructed within City limits along Westpoint Road and Highway 358. The planned subdivision property encompasses approximately 6.91 acres with a proposed VA Community Based Outpatient Clinic to be constructed on the property. The lift station will extend wastewater service to approximately 483 acres of property in the surrounding area, is in accordance with the wastewater master plan, and is in the Greenwood Wastewater Service Area 5. The property in this service area is predominately Zoned IL and CG-2 and nearly all the land is undeveloped. The project is currently under construction. On April 20, 2021, City Council through Ordinance 032410 authorized an amendment request to the Wastewater Lift Station System Trust Fund for the construction and reimbursement agreement for the additional expense of $44,057.00 due to increased costs to construction for this project. This second amendment will allow for reimbursement of an increase in the cost of the project by $33,921.16 for two change orders for SCADA and associated electrical conduit and piping improvements. The city wastewater staff requested the changes to ensure future compatibility with SCADA system upgrades. ALTERNATIVES: Deny the request and have the developer pay for the cost difference. FISCAL IMPACT: If approved, the additional funds requested would be added to the reimbursement associated with the agreement and would be a debt against the Wastewater Trunk System Trust Fund. The encumbered funds for this project would increase by $33,921.16 and would raise the total reimbursable amount in the agreement to $790,390.98. $756,469.82 is encumbered in the Wastewater Trunk System Trust Fund for this agreement. Currently $116,572.31 is available in the Wastewater Trunk System Trust Fund to cover this additional funding request. Funding Detail: Fund: 4220 Wastewater Trunk System Trust Fund Organization/Activity: 21800 Wastewater Trunk System Trust Fund Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers RECOMMENDATION: Staff recommends approval of the amendment request for this reimbursement agreement. These additional costs are reimbursable under UDC Section 8.5.2 Wastewater Trust Fund and Wastewater Master Plan. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibit) Presentation Location Map Ordinance authorizing a second amendment to the Wastewater Lift Station Construction and Reimbursement Agreement with Peterson Properties, Ltd. to construct the Wastewater Lift Station for the Greenwood Service Area 5 and according to the Wastewater Master Plan approved on July 6, 2020 and located at the intersection of Westpoint Rd. and S. Padre Island Drive (Highway 358 FWY); and appropriating $33,921.16 from the Wastewater Trunk System Trust Fund to reimburse developer. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute an amendment to the Wastewater Lift Station Construction and Reimbursement Agreement ("Amendment") attached hereto, with Peterson Properties, Ltd., to increase reimbursement amount to reflect actual bid cost. SECTION 2. Funding in the amount of$33,921 .16 is appropriated from the No. 4220-21800-777 Wastewater Trunk System Trust Fund to reimburse the Developer. Page 1 of 2 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 the day of 2021: ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Paulette M. Guajardo City Secretary Mayor (date) Page 2 of 2 AMENDMENT OF WASTEWATER LIFT STATION CONSTRUCTION AND REIMBURSMENT AGREEMENT This is an amendment to the Wastewater Lift Station Construction and Reimbursement Agreement,attached hereto as Exhibit A and made a part hereof, document number 2020052434, originally dated November 17, 2020 by and between: Peterson Properties, Ltd., and the City of Corpus Christi. NOW,THEREFORE, in consideration of the mutual covenants herein,the Parties agree to Wastewater Lift Station Construction and Reimbursement Agreement, with the following amendment as follows: Section 16. (a) is amended as follows:Section 16. Reimbursement. a. The cost for the Wastewater Lift Station less$10,337.18 lotfacreage fee credit is $790,390.98. Subject to the conditions for reimbursement from the Wastewater Lift Station System Trust Fund and the appropriation of funds,the City will reimburse the developer, the reasonable actual cost of the Wastewater Lift Station up to an amount not to exceed $790,390.98 as shown in the attached Exhibit 4C,the contents of such exhibit being incorporated by reference into this Agreement. Exhibit 2. Update to the request for reimbursement attached, added,and incorporated. Exhibit 4C. Reimbursement Estimate/Actual Bid Contract, is attached, added, and incorporated. All other terms and conditions of the original agreement remain effective and in full force. EXECUTED IN ONE ORIGINAL and made effective this day of 12021. CITY OF CORPUS CHRISTI Al Raymond III,CBO,AIA Director of Development Services APPROVED AS TO FORM: Buck Brice Date Assistant City Attorney PETERSON PRO IERT S LTD. Patricia Peterson Nuss, General Parti6er STATE OF TEXAS § County of § This instrument was acknowledged beforemeon the Fl day ofU tJ 2021, by Patricia G Peterson Nuss, General Partner, on behalf of Peterson Texas Limited Part ership,on behalf of said corporation. IF NA JEAN BARTON Public.State of TexasExpira$08.03.2025 Notary 10 10868786 Nowry Public's Si ature PETERSON PROPERTIES LTD. Scott Douglas Peterson,General Partner STATE OF TEXAS § § County of § This instrument was acknowledged beforemeon the day of , 2021, by Scott Douglass Peterson,General Partner, on behalf of Peterson Texas Limited Partnership, on behalf of said corporation. Notary Public's Signature PETERSON PROPERTIES LTD. Patricia Peterson Nuss, General Partner STATE OF TEXAS § County of § This instrument was acknowledged before me on the day of , 2021, by Patricia Peterson Nuss,General Partner,on behalf of Peterson Texas Limited Partnership, on behalf of said corporation. Notary Public's Signature PETERSON PROPERTIES LTD. Cott Douglas Peterson, Gi eral Partner STATE OF North Carolina § County of Buncombe § This instrument was acknowledged before me on the I day of AtAu f 2021, by Scott Douglass Peterson,General Partner,on behalf of Peterson Texas Limited Partnership,on behalf of said corporation. CONNIE S.BOLDING NOTARY PUBLIC Buncombe County Notary /Z /l� North Carolina C My Commission Expires&- °�� Notary Public's Signature PETERSON PROPERTIES LTD. aid Chris Ann Peterson Brown, Gene 1P,rtn� STATE OF TEXAS § County of § This instrument was acknowledged beforemeon the day of vr 2021, by Chris Ann Peterson Brown, General Partner, on behalf of Peterson Texas Limited Paership, on behalf of said corporation. _ r JUAN JEAN BARTON Notary Public,State of Texas -- *: Comm.Expire,06.03.2025 Notary Public's Signature `,tone��4` Notary 10 10869260 APPLICATION FOR WASTE WATER CREDIT We, Peterson Properties Ltd, a Texas limited partnership, owners and developers of proposed Westpoint Crossing Unit 2, Block 2, Lot 1, whose address is P. O.Box 8229, Corpus Christi,Texas 78468,hereby apply for $10,337.18 credit towards the waste water acreage feeforthe wastewater lift station in conjunctionwith said subdivision asprovided for by City Ordinance No. 17396. $800,728.16 is the construction cost, including 12% Engineering and Surveying,as shown bythe cost supporting docu men ts attached herewith. �ak Patricia Peterson Nuss,General Pa ner Date Peterson Properties, Ltd. THE STATE OF X°1 S § COUNTY OF lyve �L.5 § /� This instrumentwas acknowledged before me on /—►�'' 2021, by Patricia Peterson Nuss,General Partner, of Peterson Properties, Ltd., a Texas limited partnership,on behalf of the said partnership. ANA JEAN BARTON .`at,....�'a'•. _C. Nr JUtery Public,State of Texas � +r Comm.Expires 06•03.2025 Public in an` forthe State of Texas '�°�+�`�`` Natary 1D 10868260 Exhibit 2 Page 1 of 2 APPLICATION FOR WASTEWATER REIMBURSEMENT We, Peterson Properties Ltd, a Texas limited partnership, owners and developers of proposed Westpoint Crossing Unit 2, Block 2, Lot 1, whose address is P. O. Box 8229, Corpus Christi, Texas 78468, hereby request reimbursement of $790,390.98 for the installation ofthewastewater liftstation in conjunction with said lot,as provided for by City Ordinance No.17396.$800,728.16 is theconstruction cost,including 12%Engineertngand Surveying,as shown by the cost supporting documents attached herewith. Patricia Peterson Nuss,Gener I Partner Date Peterson Properties, Ltd. THE STATE OF COUNTY OF �U Q C�ZS § This instrumentwas acknowledged before me on A{J ,2021, by Patricia Peterson Nuss,General Partner, of Peterso roperties, Ltd., a Texas limited partnership,on behalf of the said partnership. °`°�'A`•° JU4NA JEAN BAFJ ON Notafy Pu blic,irf-a-6-dfor the State of Texas NOW s'.tiy y Public,SYaYe o{Texas Co ttm.Expires 06.03.2025 Notary IG 70868280 CERTIFICATION The information submitted with this application for reimbursement has been reviewed. Reimbursement is subject to: (a) Suff iciency of funds in the Sanitary SewerTrunk System Trust, and (b)Appropriation and approval by the City Council. 7),4 Development Services Date Exhibit 2 APPLICATION FOR WASTE,WAIER CREDIT We, Peterson Properties, Ltd, a Texas limited partnership, owners and developers of proposed Westpoint Crossing Unit 2, Block 2, Lot 1,whose address is P.O. Box 8229, Corpus Christi, Texas 78468, hereby apply for$x, 7.18 credit towards the waste water acreage fee for the wastewater lift station in conjunction with said subdivision as provided for by City Ordinance No. 17396. $800,728.16 is the construction cost, including 12%Engineering and Surveying,as shown by the cost supporting documents attached herewith. z � Scott Douglas Peterson, General Partner Date Peterson Properties,Ltd. THE STATE OF TJEX § COUNTY OF § ZoA ,,,�,,,,t,H l+Cr�lrrprr This instrument was acknowledged before me o u ���� 2020, �� E� by Scott Douglas Peterson,General Partner of Peterso Properties,Ltd.,a Texas a`�\ � Q�et s '� limited partnership,on behalf of the said partnership. IApia(l Abe _ $Uneo Co"nty,FxP COM 2 Notary Public in and for the State of Tateem,� '�,,��pRTH C SPO\ l llf!11111 Exhibit 2 Page f of 2 APPLICATION FOR WASTE WATER REIMBURSEMENT We, Peterson Properties, Ltd, a Texas limited partnership, owners and developers of proposed Westpoint Crossing Unit 2, Block 2, Lot 1,whose address is P.O. Box 8229, Corpus Christi, Texas 78468, hereby request reimbursement of $790,390.98 (total reimbursement request, less lot acreage fee credit) for the installation of the waste water Lift Station in conjunction with said lot, as provided for by City Ordinance No. 17396.$800,728.16_is the construction cost,including 12%Engineering and Surveying, as shown by the cost supporting documents attached herewith. Scott Douglas Peterson, General Partner Date Peterson Properties,Ltd. THE STATE OF//UU rok. 1� § COUNTY OF+&ECES— I'W 4140,A — § This instrument as acknowledged before me on ZZ e 202', by Scott Douglas Peterson,General Partner of Peterson♦rope ies,Ltd.,a Texas o° 4N I H aG 1j1 limited partnership,on behalf of the said partnership. Notary Public , a .r buncombe County Nota Public in and for the State of frf4 any Comm.Exp. = Notary , 2 07-26-2022 aT ~ 0 CERTIFICATION ,�19TH C ARO o` The information submitted with this application for reimbursement has been /!1111 11 V14N4% reviewed.Reimbursement is subject to; (a)Sufficiency of funds in the Collection Line Trust Fund,and (b)Appropriation and approval by the City Council. 7)"4 01,5 ad, -z-1 Development Services (Date) Exhibit 2 APPLICATION FOR WASTE WATER CREDIT We, Peterson Properties Ltd, a Texas limited partnership, owners and developers of proposed Westpoint Crossing Unit 2, Block 2, Lot 1, whose address is P. O. Box 8229, Corpus Christi,Texas 78468,hereby apply for $10,337.18 credit towards the wastewater acreage fee forthe wastewater liftstation in conjunctionwith said subdivision as provided for by City Ordinance No. 17396. $800,728,16 is the construction cost, including 12% Engineering and Surveying,as shown by th a cost su pporting docu ments attached herewith. L 44A �'////Zlo Zf Chris Ann Peterson Brown,General Partner Date Peterson Properties,Ltd. THE STATE OFxvn s § / COUNTY OF 1 Vv�«-S § This instrumentwas acknowledged before me on ��� ( ,2021, by Chris Ann Peterson Brown,General Partner, of Peters& Properties, Ltd., a Texas limited partnership,on behalf of the said partnership. Nota . ublic in andt6rthe State o Texas JUANA JEAN BAR70N ,- �r Notary Public,State of Texes Comm.Expires o6-03-2025 Notary}D 10888260 anu Exhibit 2 Page 1 of 2 APPLICATION FOR WASTEWATER REIMBURSEMENT We, Peterson Properties Ltd, a Texas limited partnership, owners and developers of proposed Westpoint Crossing Unit 2, Block 2, Lot 1, whose address is P. O. Box 8229, Corpus Christi, Texas 78468, hereby request reimbursement of $790,390.98 for the installation of the wastewater lift station in conjunction with said lot,as provided forby City Ordinance No.17396.$800,728.16 is theconstruction cost,including 12%Engineeringand Surveying,as shown by the cost supporting documents attached herewith. Z��A 44�k - of p 6,I Chris Ann Peterson town,General Partner Dat Peterson Properties,Ltd. THE STATE OF le �1 § COUNTY OF § This instrumentwas acknowledged before me on U ' 2021, by ChrisAnn Peterson Brown,General Partner, of Peter n Properties, Ltd., a Texas limited partnership,on behalf of the said partnership. r JUA.NA JEAN BARTON Note Public in add forthe State of Texas Notery Public,State of Texas Comm.Expires 06-03-2025 Notary ID 10868260 CERTIFICATION The information submitted with this application for reimbursement has been reviewed. Reimbursementis subject to: (a)Sufficiency offunds in the Sanitary Sewer Trunk System Trust, and (b)Appropriation and approval by the City Council. —Au b, Development Services Date Exhibit 2 Exhibit 4C REIMBURSEMENT ESTIMATE/ACTUAL BID CONTRACT West Pant Phase II Lift Station REIMSUREMENT ESTMATE ACTUAL 610 CONTRACT REIMBURSEMENT No, Doscrlpti. Quantityj Unit unit Pdre I TntalAmount tluanaty Unit Viet Pllce total Prke Completedlodate I Towl Cos: 1 Rands,Irrsvance 1 LS $ 13400,00 15 13,400.00 Nd fiords,lnsmme-SaNtary Sewer"iscellanacm 1 is $ 12,000.00 $ 12,00000 2 MCNIItaNrn l LS 5 26,8017,00 5 26800.00 Bid Mahilixa[ion-3en[ary Sewer 1 LS $ 21,500.00 $ 21,500.00 B 13'Dlam,L S.5tmmre 1 1 S $ 125,000.00 5 12.S,OOP.00 i Eo'.,orn Slab,Top 51ab,W eL W ell) Bid 19-Dlam.lift Station Structure 1 IS 5 195,00300 5 195,00000 a Wcll Ppindng fw Lift Station 1 -5 _L_ 15,000.00 5 15,x70.00 Bid Well POindng for th.Station 1 A $ 24,S50.00 $ 24,500.58 Durile rnn Piping,Ghinge,Valves 1 S 5 80,000.W $ 80,000.00 Nd 1luctd—Pipe,rit:ingsand Valves 1 L5 $ 61,00000 $ 61,000.03 6umpsBases , ,Gad,Ra11s,and C—,6 P-11 LS 5 120,000,00 $ 120000.W, 3 Bid Pumps,Bases,Guide Fads,tine!Control Panz1 l LS 5 152 OW.00 5 152,000.00 7 Lift Station Nec-ncal 15 7x0.00 5 Nd Oft Station Elec—1 1 LS 5 601 5 60,000.00 B Ultra sonic Flowmeter and 4'Flberglas'"t'hanher 'ti 8!IJ 5 1=J0140U Bid Lift—mic Flowmelerand 4'Fiberglasr'vain. 1 t5 $ 12,OODAO $ 12,000.00 9 R"PVC 5—2.900� ,Maur 0 1 7i 5008I 5 3,750.00 BW 10"Green PVC C-9006825 Farce Main 65 LF 5 BSOO 5 5,525.00 W Ti.W.8"Force Main to E-tfg6"F—Main 1 LS S e,OwTA $ 4,000.UU Bid 7le New iT Wrce Mainie Edging 6",N Mel. 1 I LS $ 6,500-00 $ 6,500.00 it 71.Edctin,6'=ores Mali,to N..D!Sla:icn lvlaNlolr 1 LS 1 5 3,00000 1 S 3,000.0glLs Nd lie Edsdng 6"Sorce Mainm New Lit Sm:ran Manhole�nd6"Green WC C 9806825 Force Main $ 6250.00 5 6250.00 12 T'Thick Concre Le Urireway 'x)0 5': S t':00 $ I,,:00,0Bid P'Thkk Concrete)riL-eveal- 5 000 $ R,2532"'HDPE Waterline by Oil Cut 95 LF 5 3808 5 2,500Nd 1"HDPE Waterline by Open Cut $ 1.2 00 5 lu0 2.00 14 Water Mere, l EA 53,uoaouNd Water Meter $ 500.00 $ 50,).03 15 Ire Piopxed 2"HDPf WatxlirewEnimrB—,ine 1 LS 5 3,000.00 $ 3,000.0Bid 1'le P,000s dl"HOPSWatedit—MstN waterline 5 1,200.00 5 1,2w.w16 7"-x11 PVC O,7M Chad0inl;`ence with Barbed UW re 1 1S S 1P fr00.o0 S 9k,550,0 Bid V iAl NC Cpatcd Cha Iml,F—wilh 3ar6ed Wire 1 .5 $ 17;503.01 5 17,500.00 17 Twin W'BCP.,rSE.7 I ] LS $ 1500808 5 L3,0J030 18 5')lam.FRP Mani'-16'Deepl 1 EA 5 2530808 5 25.210.30 Nd T Oiam.FRP Manhole{I6'-LB'Deep) -A 5 11,00o 00 $ 22,00000 19 IT WC Gmnty Lim 114'-16'0eap) Il. L- 5 LED.00 5 I1WU.01 Bid S R'WC Grav'•ty Lim 114'16'Deepl d2 '.F $ 10000 S 4,200.00 Bid 12"WC Gravity Lim 116'18'0eepl 87 '..F 5 120.00 $ 10,449.0.9 27 'ollLrzmn Prevention Flan 1 LS 5 8p0?.?? 5 4?]000 6i1 :.,odrAinrrPreven:ron In, 1 LS 5 1.000.00 5 3,MOM 79 1A 1A Tench Fe.ec-ion 110 5 ;00 S `70CjO Bid OSifh Trench Pratecion 129 LF 4080 5 5160.DO 22 'Wattewafer=low Control o f Umneai�i.fL S!aBon 1 L5 $ SV05,OJ 5 S,JJ000 bidWa5l0rvaier=lOvu Grnlrol dl Upstream tuft S'.xl,lun 1Al $ 45n:1.i1:1 23 AC?Mlowance for:le.ctrical3ervice:ollft Stalinn Su-e 1 I.5 5 25,2mrin S )5,20000 Bid AEPf]k—Lar 111 c ical Se mi,lift Statlon Site 1 l5 $ 25,28700 1 5 25,20]0:1 Nd 7-1,Orcin 1 EA $ 12.001.00 $ 1),00:1.08 Engineer's Estimate S 5]4,350.00 Nd Schedule $ 6]1,257.01 Complete to pale $OAU URBAN ENGINEERING 2725 S WANTNER a,TC]8404 Page 1 of 2 UE Pros—Na.40706 B9 W Exhibit 4C REIMBUR5EM ENT ESTIMATE/ACTUAL BID CONTRACT REIMBUREMENT ESfMATE ACTUAL BID CONTRACT IMINMRSEMENT Corttinmy llO%) 57,5W,00 Total$ 631,&am $ 671,257.00 Engineering.Su"Ing,Starve Testing(t2%) 75,00800 S W1550.00 Geotechnical 15,wam 5 LS,00D.00 Grand Total 77,,,a. t 756,8.7 o0 Charees to ReimbuisabeAmourrt- AOJ $ M,VS/00 This amountwasadded amendment#1 CXAWGE ORDER No:l Us 10"N RLG.45 Bend Offset in Wet W HI - i1,55]00$ 6,10 �0 a 225AmBMain Nsconneri,Widr:gand Conduit. I IS JXANGE ORDER Nn:2 A2S SL'AOA lmpros�men� 1 A $1702000$ 1;02].nO CHANGE ORDER TOTAL:$ 3:1,286.0 REu15_D CONTRACT TOTAL:$ 701,Sa3.00 tnlAneering SurveNns,Stadrg,Testing(12%) $ &1,1$5.16 Geotechnical S 15,000.00 Grand Total $ 800,72&16 Chareesm ReimbumabieAmount- ADD 5 33,921.16 Thisamourrtwlllbeadded Na amentlmerrt A2 JRBAN ENGINFERI NG 7725 SWANTNER CC,TC]8904 Page 2.cf 2 JE PrelecT No:AME B9.00 Peterson Properties Agreement Second Amendment to Wastewater Lift Station Construction and Reimbursement Agreement with Peterson Properties, Ltd. September 21 , 2021 ",a ��•';ionic RcJ �` l'1 Aerial Overview 3581 .� My ,,q�r ♦'.' 286 �r ;�, •.gyp , �. Parcel Vicinity Map U my 7 LOCAnON MAP Chn.0 3 Lift Station Location PARCEL South Padre h Island Drive PERIMETER -A N PROPOSED LIFT STATION main i CL�11C:t NA F11C �� El / Trust Fund Balance as of July 31 , 2021 Water Arterial Water Distribution Sanitary Sewer Sanitary Sewer Transmission& Main Trust Trunk System Trust Collection Line Grid Main Trust Trust lot&acreage fees pro-rata fees lot&acreage fees pro-rata fees 75%surcharge 25%surcharge 75%surcharge 25%surcharge $102,273.83 $22,225.16 $116,572.31 $28,235.67 Wastewater Trunk System Trust Fund's Balance is $116,572.31. Recommendation Approval The request is in accordance with UDC Section 8.5.2.E.4 Wastewater Trunk System Trust Fund Wastewater Collection System Master Plan LIFT STATION` " . LOCATION 1 ® go WE �EG r r 7 Plat l.nr is a9r;nnrl s ARr162'F711 _sit, flll11ENH9101 3 CnHrl'6 rfiA&1 Ln79 �ti��� rns. fi, as. ss, ra.a.rl.n,r. N1o�A?,dog 1 - •...•.. Gann r. - CC p J � Z p i 1.4 �s WEST POINT RD a x p z W w OC c1+: H x Date Created:3N3/2020 0 125 250 500 750 Prepared e�ReyR F@@t Department of Development Services O� Westpoint Crossing Unit 2 W Block 21 Lot 1do C BEAR-L:N 4 QNg Rp 5C, P� 'p Map Scale: 1:5,000 SUBJECT \ PR`O d\IDkRTY Asa ti \ /yy�s8 City of �M.666 O Corpus LOCATION MAP Christi SC 00 � 0 � AGENDA MEMORANDUM � CORPO0.P1�0 First Reading for the City Council Meeting of September 21 , 2021 N ' 1852 Second Reading for the City Council Meeting of October 12, 2021 DATE: September 2, 2021 TO: Peter Zanoni, City Manager FROM: David S. Lehfeldt, Director of Solid Waste Operations David L3(a)cctexas.com (361) 826-1966 Ordinance — Solid Waste Services Recycling Program CAPTION: Ordinance amending Chapter 21 of the Corpus Christi Code by adding compliance provisions pertaining to recyclables, use of recycling carts, and establishing a special collection fee for servicing contaminated carts. SUMMARY: The amendments to Chapter 21 provide the framework for the Recycle Contamination Lowering Education and inspection (Recycle CLEAN) Program, designed to reduce recycling contamination. BACKGROUND AND FINDINGS: The contamination found in our recycling carts has been increasing for several years and presently comprises 40% of the materials processed under the City's Recycling Processing Services Agreement. The City spends over $500,000 annually to process and remove materials that are not recyclable in our program. It's believed that while most residents are doing a great job recycling, many residents are placing well over 40% contamination, or trash, in their recycling carts. Recycling programs vary on what their Material Recycling Facility (MRF) machines are equipped to process. Not every item with the recycle triangle (a) is recyclable in every program; however, the presence of a recycling triangle has led many customers to mistakenly assume that products with the symbol are approved for our program. We frequently find contamination in the recycling carts consisting of items such as garbage, plastic bags, toys, appliances, clothing, diapers, hoses, electrical cords, yard waste, electronics, and Styrofoam. To find a solution to the growing contamination problem, staff has studied recycling inspection programs implemented by other cities and relied on the findings reported by the Applied Research Foundation of the Solid Waste Association of North America (SWANA). When recycling carts are found to be contaminated through the City's Recycle CLEAN program, the following enforcement actions are supported through this amendment. - first and second violations o notifying customers of recycling contamination o providing customers the option of removing contamination and placing the recycling cart out for collection the next recycling day, or o allowing the customers to schedule a special waste collection for $25 collection fee - a third violation will result in the materials collected for a $25 special collection fee - a fourth violation will result in removal of the recycling cart, with written notification of the action Customers may elect to not participate in the recycling program at any time. After 6 months, customers may apply to have the recycling cart returned. ALTERNATIVES: Alternatives include a multitude of recycling education, inspection, and enforcement programs with varying degrees of effectiveness as experienced by other cities. FISCAL IMPACT: This policy will lead to a reduction of $100,000 in the costs associated with processing and removing contaminated recyclables in FY 2022. Funding Detail: Fund: n/a Organization/Activity: n/a Mission Element: n/a Project # (CIP Only): n/a Account: n/a RECOMMENDATION: Staff recommends amending the Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance amendments to Chapter 21 of Corpus Christi City Code. Ordinance amending Chapter 21 of the Corpus Christi Code by adding compliance provisions pertaining to recyclables, use of recycling carts, and establishing a special collection fee for servicing contaminated carts. SECTION 1. Chapter 21 , Sections 21-1 , 21-11 , and 21-40(a), of the Corpus Christi Code of Ordinances are amended by incorporating various necessary edits, adding compliance provisions applicable to recyclables and the use of recycling carts for the purpose of reducing contamination that is occurring in collected recyclables, and establishing a special collection fee for servicing contaminated recycling carts, with the amended sections' new text shown underlined and deleted text shown stricken, to read as follows: "Sec. 21-1. Definitions. "Department: The solid wastes services department of the city. "Recycling -6,F cart: A container issued by solid waste Vis- ervices and utilized for the placement and collection of recyclable materials. "Sec. 21-11. Recycling program. "(a) The recycling program of the solid waste epeFatiGR& services department collects recyclables from residences and commercial accounts that receive collection services from the department. "(b) Recyclables shall be set out for collection before 7:30 a.m. on the designated collection day. "(c) Recyclables shall be placed in a recycling hop e cart available from the solid wastes services department ^r ether +i,,,,Ai ref, so r8^ 8 provided by the department that is clearly identified with the recycling symbol pFevided by the depa GRt. r^"+ Carts with recyclables to be collected shall be separated from other solid waste set out for collection and from any fixed object that impedes collection by the department by at least five (5) feet. "(d) Recyclables set out for collection are city property. Removal of recyclables from a ^^tee recycle cart set out for collection by other than an occupant of the premises or a department employee is a violation of this ordinance. Theft of recyclables may be prosecuted under the Texas Penal Code. "(e) Recycling "iia carts may not be placedA_.P the Street paPern 0r, +ho g tte+ in a drainage ditch; or on a sidewalk, except the director may allow recycling bins—and carts to be placed in roadside drainage ditches when there is no practical alternative. However, the person who places any recyclingh� cart in a roadside drainage ditch may be liable for any flooding damage caused by the rof, .o A_Q-eptaGcarts. "(f) Recycling "iia carts set out for collection must be removed from the collection location not later than midnight on the designated collection day. "(g) Acceptable recyclable materials shall be designated by the city and include: (1) Newspaper. (2) Mixed paper. (3) Magazines. (4) Cardboard (clean only). (5) Aluminum and tin cans. (6) Plastic bottles with tops removed. (7) Plastics marked Type 1 through 6. "(h) Department staff, police, code enforcement, and other city personnel may inspect recycling carts and recyclable content. Recycling carts will not be serviced and recyclables will not be collected if the recycling cart is contaminated with non- recyclable solid waste including, but not limited to, the following: (1) Garbage. (2) Plastic bags. (3) Styrofoam. (4) Appliances/electronics. (5) Clothing/shoes. (6) Hoses/electrical cords. (7) Toys. (8) Diapers. (9) Yard waste (grass clippings, leaves, etc.) (10) Hazardous waste. (11) Glass/ceramics. (12) Lightbulbs. (13) PVC pipe. (14) Aluminum foil. "(i) If a recycling cart is not serviced due to a contamination occurrence under subsection (h), the department shall notify the customer in writing when and for what reason the recycling cart was not serviced. Following a second occurrence, the same written notification of no service to the customer is required. Upon a first and a second notification, the customer shall have the option of either removing @ BCL@90OF2FOA.docx 2 of 4 the contaminated material from the cart and placing the cart out for collection on the next recycling collection day or scheduling a special waste collection by the department and incurring a special waste collection fee. Upon a third occurrence, in addition to written notification, a special waste collection fee for servicing the contaminated recycling cart will be applied to the customer's bill. A fourth occurrence will result in removal of the recycling cart for a period of six months and written notification to the customer of such removal; in this event, the customer is ineligible to participate in the recycling program for a minimum of six months. Following the six-month period, a customer may request to have a recycling cart re-delivered. "(i) For the purposes of subsection (i), the time period during which such contamination occurrences are measured is 24 months from the date of first occurrence to removal. Following re-delivery of a customer's recycling cart under subsection (i), the 24-month measurement period begins anew. "(k) Customers may elect at any time not to participate in the city recycling program; these locations/units do not receive a recycling cart. "Sec. 21-40. Charges—For collection services within the City of Corpus Christi. "(a) The following charges apply to the collection of solid waste from solid wastes services department customers located within the limits of the City of Corpus Christi. In addition to the charges listed below, each customer is liable for any applicable federal/state surcharges or fees specified in section 21- 20 and state and city taxes. The charges for collection services are: Type Description Minimum Charge Per Month or Fraction Thereof Collection Special waste collection fee— $25.00 recycling cart (b) SECTION 2. Chapter 21 is further amended by replacing the word "operations" with the word "services" wherever it may appear preceded by the phrase "solid waste" to recognize a change in the department's name to the "solid waste services" department. @ BCL@900F2FOA.docx 3 of 4 SECTION 3. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every portion or provision of this ordinance be given full force and effect for its purpose. SECTION 4. This ordinance takes effect on October 15, 2021 . 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: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor @BCL@900F2FOA.docx 4 of 4 SERVICES Recycle CLEAN Amending Chapter 21 October 12, 2021 Historical Contamination SERVICES The contamination of our recycling program continues to increase It is now over 40% Recycling Contamination 50.00% 40.00% 30.00% 20.00% 10.00% _. 0.00% 2010 2012 2014 2016 2018 2020 2022 2 W q�l� What is Contamination? SERVICES To identify what contamination is in our recycling program we installed inspectors at the Recycling Facility to monitor incoming loads o Started the last week of August o Identified types of contamination o Identified the most contaminated loads o Contamination is measured by weight, not volume opus Cy 1 I O J' �@ m r kContamination - SERVICES s " W q�l� Contamination SERVICES R" Foil Bag A/C Unit Diaper PVC /* .. �. Pipe Clothe \ s W q�l� Contamination SERVICES Arl Yard Waste Insulation. Ilk f 14 Furniture 6 W q�l� lip _r. Contamination SERVICES .4 4 k `r e K Garden Hose r Pipe p Garbage . { W q�l� lip _r. Contamination SERVICES Y y • Yard Waste , Pillows a A: Garbage R Cost of Contamination SERVICES Contamination is expensive! • Contamination adds to- o The collection cost for recyclables o The processing cost of$126 per ton for sorting recyclables o The Citizens spend $500 thousand in tax dollars annually to process contaminated waste • Identified Contaminates are transported to the landfill, adding an additional cost of$126 ($162/ton vs $36/ton) • Contamination decreases the value of the recyclable increasing the residential bill 9 --k qw. Education and Outreach SERVICES All Recycle carts have a sticker when they are delivered, but they fade over time New Recycling stickers are being applied to all recycling carts that need them 4, ��I Oa NOT place(hese Ite I Ihls cart Place ONLY recyclaele nems in Nis can Vcorpus chnstr Io[/Te esttUa �/y�j recyclesV P vPec �SryP��Bo���� � v r aNboaN.HUuak xa /Ce M.,cic .en aim _ ner ry 61 s'ngle.Useoe aze ss�eaB ® Num[num in bs[ee Cana For questions aboutRecycles cal: 361-826-2489 www.corpuschristirecycles.com Education and Outreach SERVICES !J The Solid Waste Customer Service Guide is mailed to >100,000 residential customers annually, includes customers who pay water bills electronically. Includes information on what and how to recycle with links to the City's website page Js� and Recycle Coach App. In I Looking to increase this mail out. g W q�l� Education and Outreach SERVICES Utility Bill Insert (Recycling Contamination) • Mail Out, May 2021 Al • Mail Out, August 2021 `e • Upcoming Mailouts, October 2021 • Upcoming Mailouts, December 2021 i KEEP THE DIRTY DOZE 1) W q�l� Education and Outreach SERVICES Communities In Schools Recycling Communities Education Project I Schools Programs in 19 schools reaching g The Coastal Berid over 12,000 students 5 components • 45-minute presentations .� • Grade level poster contests 4Yta • Parent meetings • School newsletter messaging U ° • Campus clean up events ;. Education and Outreach SERVICES Curby is getting a makeover to .. prepare him for community events including: America Recycles Day ., November 15, 2021 y Global Recycling Day a� t� March 18, 2022 t _ Earth Day "' �a °•,. April 22, 2022 cc RQ°` World Environment Day June 5, 2022 ;. Education and Outreach SERVICES Band Tango Radio Promotional Campaign Recycling Contamination Radio Spots • Campaign began in April 2021, ongoing • Schedule: 8:13am, 9:13am, 10:13am, 12:43pm, 3:13pm (Monday — Friday) • Radio buy includes on air interviews Social Media Statistics .rx. SERVICES October 2020 to September 2021 Exponential growth for the Solid Waste Facebook Page, CC Waste Place. 94% of posts promote education (recycling contamination) 6% of posts promote collection schedules (brush, bulky, recycling, garbage) j CC Waste Place- ftimre solid Waste * 373 posts (91.3% growth) services .cwa'siepilacL Govemmenl J � Lear MOM rga,,zabaa 0 2,999 fans (14.82% growth) aWvt JobWre a T 0 363,788 impressions (171.7% growth) Times posts were seen 0 13,274 engagements (128.5% growth) Likes, shares, comments I,,,eq__Mel Education and Outreach � SERVICES Recycle Coach App Web-Application Tool recycle • Garbage and Recycling Schedule coach • Reminders for garbage/recycling collections • Boost your recycling knowledge • Added to all recycling messaging Tr II • Used in Social Media advertising recycles • Recycle Coach Download Events _ d -:. - • Winners announced in April 2021 _ • Upcoming download event, November 2021 W q�l� Education and Outreach SERVICES • Touch-A-Truck Event ? • FREE Family Educational Event • Kids explore working trucks ;!, ? , Kids meet the drivers • Informational brochures and promo items provided to attendees • Focus is appreciation for Solid Waste Workers & how to reduce recycling contamination rate ;. Education and Outreach SERVICES Adopt-A-Beach Event ' • FREE Family Educational Event x � • 4 cleanups scheduled each year Volunteers clean beaches & parks M. • Items collected are logged • Cleanup results sent to TGLO ;. Education and Outreach SERVICES Currently working to hire two Recycling Outreach Coordinators • One to manage the recycling program including: • Cost and Contracts (Community in Schools) • Community Event Outreach (Adopt-A-Beach, Earth Day, Nat'l Recyling Day, Garbage Man Day, Touch-A-Truck event) • Mayor and Council Interaction • One to handle educational outreach including: • Public Schools • Charter/Private Schools • Civic Groups klk 5��\D W q�f Recycle CLEAN SERV Recycle CLEAN program which replicates similar programs that are employed in other Texas localities that have effectively reduced their contamination rate. M %of Ist Offense 2nd Offense 3 rd Offense 4 th Offense Contarninati on Corpus Christi >40% Notice- Notice- Remove Cart "Recycle CLEAN" No Collection- No Collection- Collection Education Education Fee *This is a fee, not a fine. It is needed to pay for the extra cost of sending a truck and driver to collect the waste. 21 -- & \� W qr f� Recycle CLEAN ' SERVICES The Recycle Rangers Los guardaparques de reciclaje 'Thank You' decir fcr 'Gracias'por Recycling CLEAN! For the 40% of customers Derecho de recic!aje! r e re, le that do their recycling well . _ RUM we have a "Thank You" c 1 cart tag. vim.orm,.. Su carrito de let's CLE! recylcing ester Info Graphics will be in !!eno de VACIO. Your Recycling Car[is Full of LIMPIO. SECO. EMPTY,CLEAN,DRY English and Spanish y and 9 h ACEPTABLE ACCEPTABLE RECYCLABLE ITEMS. RECICLABLE ARTICULOS. GREAT JOB! GRAN TRABAJO! ZEN' I",""@ Recycle CLEAN SERVICES OOPS ! OOPS! For the 30% that tooksl.Ydm wrong lM1inq ended up in Thanks for recycling!But, yopr reeyeM1ny Dart. we note-d-Pefocowing issues... almost have it down Do not pu[lM1ese items in your recycling Gracias lar!Pera, cart. notamos los siguientes problemas... THESE fTEMS ARE NOT ACCEPTED IN y� // // ❑Plastic Bags�, THE CURBSIDE RECYCLE PROGRAM /at, we have an bops FL�ROGRAMA Df RFRCWEFN LA niTA L— Ll Milk Cartons LO � cart tag. '_7V 171 Pizza Boxes oonutlug"I I. pust"bagsu wraps Ll Clothes " usa pie a<<e�na,�q� Designed to encourage ❑ Hoses or Cords E�- - E0 and educate. ❑Aluminum Foil, (".. of 0= ° °,o:°h;, ❑Hazardous Waste` pla�=de��o" 'aRYeomae,,, Ceramics LU Electronics aanmq or Inen�s om". El Brush # A80' Moving forward,please do not put ❑Glass these items in your cart. All—nd,vo,fav r h.e Styrofoam Questions a boutyou curbside ecycling se '����` Recycle CLEAN ' SERVICES 1ST NOTICE QUESTIONS? WAs 1st thru 4th Notice Cart -p ,a,ail to todiscaeseonrecn,a11 explain how to achieve compliance Call (761)826-CITY(2089)between 8:011 a.m. SERVICES Tags have been designed. "anday.""°ay Solid Waste Tne,e iLLms\F ER nelm,g m year Tags will be in English and "ng`a`' COMPLIANCE •Fiaaie Bay •lla.arenn wa,1e (� •Milk Canons •Ceramics (1fi1)83fi-CITY(2489) Spanish.hi r •Styrofoam Blectranics tiirli�l\\:iii.('�e�l�.(�.nililr�n��.�•:rl�rrni.�l:iii i���r ���i rr iM1c Arlin ii n,l�Ii.,�,.ricJ •Clothes •Brush Hoses/Cords .Crlas, Foil l'it.Boxes ��1��ui.'rn,���il��r.tn_ncmr a,c no1 ullorr N in Keep up with Solid Waste Services by - - downloading the Recycle Coach App! "�° cC1a1Ng Designed to encourage y w. �ra�� recycle n.m �a.m aomwml. coach ..a B�mCnm and educate. Acceptable Recyclable Items: la Fanallar vcl'n,question.,at u uu.cctcxat.coro/sus •Cmnre.arr .Hamra mart ra rw Fnllnw us mi Facehnok C`CC\\nr1c Place xnnrcxs, •�' RECYCLErRIGHT oRP�s:iasr Recycle CLEAN SERVICES The Recycle CLEAN Program: • Goal is to reduce contamination from 40% to 20% or less • Cost savings from reduced collection costs and processing fees • Resources: 0 5 Full time employees 0 4 inspection vehicles with an annual lease-purchase of approximately $37,146.93 0 1 automated refuse collection truck with an annual lease-purchase of$69,713.65 Way Forward ' SERVICES 1. Modify city ordinances 2. Hire the inspectors (in process) 3. Purchase the 4 right hand drive trucks (already funded) 4. Begin inspections in fall of 2021 G.. Recommendation Q SERVICES Staff recommends Council amends chapter 21 of the Code of Ordinances to implement the Recycle CLEAN program which replicates similar programs that are employed in other Texas localities that have effectively reduced their contamination rate. so �o o� A PH AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 12, 2021 µCORPOR I Second Reading Ordinance for the City Council Meeting of October 19, 2021 1852 DATE: October 12, 2021 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(a)-cctexas.com (361)-886-2603 Acceptance of a Grant for the Local Border Security Program CAPTION: Ordinance accepting a grant in the amount of $59,000.00 from the State of Texas Governor's Homeland Security Grants Division for overtime and retirement for sworn police officers supporting the FY 2022 Local Border Security Program; and appropriating $59,000.00 in the Police Grants Fund. SUMMARY: This ordinance accepts and appropriates $59,000.00 in grant funding to support the FY 2022 Local Border Security Program. BACKGROUND AND FINDINGS: The Local Border Security Program (LBSP) grant focuses on the use of intelligence to increase the effectiveness of federal, state, and local law enforcement assets. The purpose of LBSP is to sustain interagency law enforcement operations and enhance local law enforcement patrols in order to facilitate directed actions that deter and interdict criminal activity. All law enforcement agencies that receive funding through LBSP shall assist in the execution of coordinated border security operations. The purpose of this effort is to reduce border-related criminal activity, decrease the supply of drugs smuggled into and through Texas from Mexico, and disrupt and deter operations of gang and cartel criminal organizations. As part of this effort, the Corpus Christi Police Department (CCPD) will deploy officers on an overtime basis to conduct direct actions and operations within the city limits and extra territorial jurisdiction (ETJ) targeting known drug, currency, and human trafficking routes operating in the South Texas area. The funding provides for overtime and retirement for sworn officers. There is no City match required. Funding is available from September 1, 2021 — August 31, 2022. The City has been receiving the grant since 2008. This year's grant is an increase of $9,000.00 over the previous year's amount. ALTERNATIVES: The alternative is not to accept the grant which will result in CCPD providing less law enforcement on criminal activity. FISCAL IMPACT: The fiscal impact for FY 2022 is accepting funds and appropriating $59,000 to the Police Grants Fund. Funding Detail: Fund: 1061 Organization/Activity: Police Grants Fund Mission Element: 151 Project # (CIP Only): N/A Account: 510000 RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award document Ordinance accepting a grant in the amount of $59,000.00 from the State of Texas Governor's Homeland Security Grants Division for overtime and retirement for sworn police officers supporting the FY 2022 Local Border Security Program; and appropriating $59,000.00 in the Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant in the amount of $59,000 from the Office of the Governor's Homeland Security Grants Division (HSGD) for funding eligible under the FY 2022 Local Border Security Program (LBSP) grant. SECTION 2. The City of Corpus Christi designates the City Manager or designee as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. SECTION 3. That $59,000 is appropriated in the No 1061 Police Grants Fund from the HSGD for eligible overtime and operational costs. SECTION 4. In the event of the loss or misuse of the HSGD funds, the City of Corpus Christi assures that the funds will be returned to the HSGD in full. 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 Statement of Grant Award(SOGA) The Statement of Grant Award is the official notice of award from the Office of the Governor(OOG). This Grant Agreement and all terms, conditions,provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies,departments, divisions,governmental entities,public corporations, and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants,agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the`Narrative' and Budget/Details' tabs.By accepting the Grant Award in eGrants,the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes,regulations,policies, guidelines and requirements.In instances where conflicting requirements apply to a Grantee,the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award;the OOG Grantee Conditions and Responsibilities;the Grant Application in eGrants; and the other identified documents in the Grant Application and Grant Award,including but not limited to:2 CFR Part 200,Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards;Chapter 783 of the Texas Government Code,Title 34,Part 1,Chapter 20, Subchapter E,Division 4 of the Texas Administrative Code,and the Uniform Grant Management Standards (UGMS)developed by the Comptroller of Public Accounts;the state Funding Announcement or Solicitation under which the grant application was made, and for federal funding,the Funding Announcement or Solicitation under which the OOG was awarded funds;and any applicable documents referenced in the documents listed above.For grants awarded from the U.S. Department of Justice,the current applicable version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply. For grants awarded from the Federal Emergency Management Agency(FEMA),all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply. The OOG reserves the right to add additional responsibilities and requirements,with or without advance notice to the Grantee. By clicking on the'Accept'button within the'Accept Award'tab,the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement,including all provisions incorporated herein, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s)of Funding and Other Fund-Specific Requirement(s), if any, cited below: Grant Number: 3404805 Award Amount: $59,000.00 Date Awarded: 9/13/2021 Grantee Cash Match: $0.00 Grant Period: 09/01/2021 -08/31/2022 Grantee In Kind Match: $0.00 Liquidation Date: 11/29/2022 Total Project Cost: $59,000.00 Program Fund: BL-Local Border Security Program(LBSP) Grantee Name: Corpus Christi,City of Project Title: Local Border Security Program Grant Manager: Lynne Crow DUNS Number: 069457786 CFDA: N/A Federal Awarding N/A-State Funds Agency: Federal Award Date: N/A- State Funds Federal/State Award 2022-BL-ST-0016 ID Number: Total Federal Award/State Funds $5,100,000.00 Appropriated: Pass Thru Entity Texas Office of the Governor—Homeland Security Grants Division(HSGD) Name: Is the Award R&D: No Federal/State Award Grants for local law enforcement agencies to support Operation Border Star.The grant funds may Description: also support the humane processing of remains of undocumented migrants,when specifically SC 00 Ik 0 � NCORPOR 1�'0 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of October 12, 2021 DATE: October 12, 2021 TO: Peter Zanoni, City Manager FROM: Kevin Norton, Director of Water Utilities Kevin N(a)cctexa s.co m (361) 826-1874 Josh Chronley, Assistant Director of Procurement Josh C2(a)cctexas.com (361) 826-3169 Preventative Maintenance and Repairs for Breakpoint Chlorination Equipment Feed System CAPTION: Resolution authorizing a two-year service agreement with an additional two-year option period, in an amount not to exceed $433,890.21 and a maximum amount not to exceed $883,890.21 if the option period is exercised, for preventative maintenance and repairs of the Breakpoint Chlorination equipment feed system at the Oso Water Reclamation Plant with Grace Water Services, LLC from Katy, Texas, effective upon issuance of notice to proceed, with first-year funding in the amount of $216,945.11 available from the FY 2022 Wastewater Fund. SUMMARY: This is a two-year service agreement, with an additional two-year option period, for preventative maintenance and repairs of the Breakpoint Chlorination System (BPC) that removes ammonia from wastewater during the treatment process at Oso Water Reclamation Plant (WRP). This service is necessary to maintain the normal operations of Oso WRP in compliance with environmental regulatory requirements. The contract price is the same as the current contract. BACKGROUND AND FINDINGS: The Oso WRP is the largest of the City's six wastewater treatment plants and serves approximately 50% of the City's population. The Oso WRP was constructed in 1941 and has a rated treatment capacity for average daily flows of 16.2 million gallons per day (MGD) and peak 2- hour flows up to 98.0 MGD. In 2011 , the Texas Commission on Environmental Quality (TCEQ) implemented stringent restrictions on ammonia levels with the intention of protecting grasses in bay ecosystems. A renewal permit issued to the City by the TCEQ on April 29, 2011 , required the effluent limit for ammonia at the Oso WRP be in compliance with new regulations by October 29, 2013. To attain compliance within the allotted time frame, the City adopted a two-phase implementation strategy for improvements at the Oso WRP. The two phases consist of the short-term BPC & Step Feed project and the long-term Oso WRP Phase 2 Biological Nutrient Removal and Upgrade Capital Improvement Project. The short-term BPC & Step Feed project is a temporary solution that was executed through construction of step feed pumps and a BPC process facility that chemically removes ammonia to meet the new TCEQ ammonia limit. The BPC system was intended to be temporary due to high chemical costs, risks from potential over-dosing of sodium hypochlorite, and the frequent required maintenance that demands the operator's time and attention. The BPC & Step Feed project has been in service since September 2013. Grace Water Services, LLC, a contractor based in Katy, Texas, installed the original BPC equipment and configured the automatic programming function of the control system. Since 2013, Grace Water Services, LLC has provided maintenance services to the system, including the following: • Monthly preventative maintenance, such as checking on operations, analyzing system performance, and cleaning of system components (chemical feed pumps, tanks, analyzers, sample pumps, strainers, mixers, lines, injection points) • Analyzer and chemical feed pump replacement • Adjustment and calibration of instrumentation and control system • Computer programming maintenance for chemical feed and dosing control system • On-call services to address emergencies and any additional problem-solving The BPC system is a complicated process that exceeds the skillsets of in-house operators. One purpose of the Oso WRP Process Upgrade and BPC Facility Decommissioning Capital Improvement Project (CIP), which is expected to begin construction in Fiscal Year 2022, is to decommission the BPC system at the Oso WRP and significantly reduce the plant's chemical consumption. This service contract is necessary to maintain normal operations of the BPC system at the Oso WRP until the planned CIP is completed in FY 2025. PROCUREMENT DETAIL: This is a sole source procurement. Grace Water Services, LLC is the sole source manufacturer and supplier of the items needed for the Breakpoint Chlorination equipment feed system. Grace Water Services is the vendor that has provided this service to the City since 2013. This is a new agreement to continue to provide the same service. 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 and increasing the time delay due to the procurement process, which in turn could increase the system downtime and negatively impact operations, potentially resulting in TCEQ violations. FISCAL IMPACT: The fiscal impact for the Wastewater Fund in FY 2022 is $216,945.11 . The remaining amount will be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 4200 Wastewater Organization/Activity: 33110 Oso Water Reclamation Plant Mission Element: 064 Treat wastewater Project # (CIP Only): N/A Account: 530215 Maint & repairs - contracted RECOMMENDATION: Staff recommends approval of this resolution authorizing a two-year service agreement with Grace Water Services, LLC for preventative maintenance and repairs of the breakpoint chlorination equipment feed system for the Utilities Department as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Service Agreement Resolution Resolution authorizing a two-year service agreement with an additional two- year option period, in an amount not to exceed $433,890.21 and a maximum amount not to exceed $883,890.21 if the option period is exercised, for preventative maintenance and repairs of the Breakpoint Chlorination equipment feed system at the Oso Water Reclamation Plant with Grace Water Services, LLC from Katy, Texas, effective upon issuance of notice to proceed, with first-year funding in the amount of$ 216,945.11 available from the FY 2022 Wastewater Fund. WHEREAS, these services will be used by the Utilities Department; WHEREAS, Grace Water Services, LLC, will provide maintenance, troubleshooting, and repair/replacements of components for the short-term breakpoint chlorination system used in the wastewater treatment process at the Oso Water Reclamation Plant, which is 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 or protect the public health or 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 Grace Water Services, LLC of Katy, Texas based on a sole source for a total amount not-to-exceed $ 433,890.21 . Page 1 of 3 PASSED AND APPROVED on the day of , 2021 : Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 2 of 3 Page 3 of 3 ATTACHMENT B: PRICE SHEET Grace Water Services,LLC 19406 Little Pine Lane Katy,Texas77449 Quotation #: Q-16465-1 YEAR ONE ITEM DESCRIPTION QTY UNIT UNIT PRICE PRICE TOTAL 1 Monthly PM Service Visits 12 EA $3,850.00 $46,200.00 2 Emergency Service "Call-out" 4 EA $3,850.00 $15,400.00 3 Total Chlorine Probes 8 EA $3,243.75 $25,950.00 4 Free Chlorine Probes 6 EA $3,243.75 $19,462.50 5 PH Probes 8 EA $2,476.47 $19,811 .76 6 ORP Probes 8 EA $2,476.47 $19,811 .76 7 DO Probes 1 EA $5,045.00 $5,045.00 8 HA8 Chemtrac Controller 1 EA $11,400.00 $11,400.00 9 HA4 Controller Replacement 1 EA $8,972.00 $8,972.00 for Junction Box 10 Probe Cables, Membrane 1 EA $9,600.00 $9,600.00 Caps 11 S26 Keco Peristaltic 9 EA $1,200.00 $10,800.00 Replacement Hoses 12 M40 Keco Peristaltic 2 EA $2,150.00 $4,300.00 Replacement Hoses 13 Admin PC Upgrade, includes 1 EA $18,650.00 $18,650.00 GE License 14 GE Fanuc Replacement Part 1 EA $13,500.00 $13,500.00 15 Sodium Bisulfite Chemical 1 EA $9,250.00 $9,250.00 Feed Pump 16 S26 Peristaltic Chemical Feed 2 EA $9,325.00 $18,650.00 Pump SUBTOTAL — YEAR ONE $256,803.02 YEAR TWO ITEM DESCRIPTION QTY UNIT UNIT PRICE PRICE TOTAL 1 Monthly PM Service Visits 12 EA $3,850.00 $46,200.00 2 Emergency Service "Call-out" 4 EA $3,850.00 $15,400.00 3 Total Chlorine Probes 8 EA $3,503.25 $28,026.00 4 Free Chlorine Probes 7 EA $3,503.25 $24,522.75 5 PH Probes 8 EA $2,674.59 $21,396.72 6 ORP Probes 8 EA $2,674.59 $21,396.72 7 DO Probes 1 EA $5,045.00 $5,045.00 8 S26 Keco Peristaltic 9 EA $1,200.00 $10,800.00 Replacement Hoses 9 M40 Keco Peristaltic 2 EA $2,150.00 $4,300.00 Replacement Hoses SUBTOTAL — YEAR TWO $177,087.19 2-YEAR TOTAL $433,890.21 DocuSign Envelope ID:83F8063B-33FB-4CDE-9547-605D512DFB92 �yV S C� G° a 0 H SERVICE AGREEMENT NO. 3707 U Preventative Maintenance and Repairs for Breakpoint yeanaonnf� 1852 Chlorination System THIS Preventative Maintenance and Repairs for Breakpoint Chlorination System Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Grace Water Services, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Preventative Maintenance and Repairs for Breakpoint Chlorination System in response to Request for Bid/Proposal No. SS-3707 ("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 Preventative Maintenance and Repairs for Breakpoint Chlorination System ("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. (A) This Agreement is for two years. The parties may mutually extend the term of this Agreement for up to one additional two-year periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. 3. Compensation and Payment. This Agreement is for an amount not to exceed $433,890.21 , subject to approved extensions and changes. Payment will be made Service Agreement Standard Form - Consent Decree Page 1 of 8 DocuSign Envelope ID:83F8063B-33FB-4CDE-9547-605D512DFB92 for Services provided 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. While the pricing may change for the option period based on changing market conditions, the total compensation for the Option Period, if exercised, may not exceed $450,000.00. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next Option Period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: 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 Service Agreement Standard Form - Consent Decree Page 2 of 8 DocuSign Envelope ID:83F8063B-33FB-4CDE-9547-605D512DFB92 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. 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. Service Agreement Standard Form - Consent Decree Page 3 of 8 DocuSign Envelope ID:83F8063B-33FB-4CDE-9547-605D512DFB92 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. 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: (361) 826-4495 Service Agreement Standard Form - Consent Decree Page 4 of 8 DocuSign Envelope ID:83F8063B-33FB-4CDE-9547-605D512DFB92 IF TO CONTRACTOR: Grace Water Services, LLC Attn: Mario Zanelli Title: Sales Representative Address: 19406 Little Pine Lane, Katy, Texas 77449 Phone: (281) 851-5544 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 ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. Service Agreement Standard Form - Consent Decree Page 5 of 8 DocuSign Envelope ID:83F8063B-33FB-4CDE-9547-605D512DFB92 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the Service Agreement Standard Form - Consent Decree Page 6 of 8 DocuSign Envelope ID:83F8063B-33FB-4CDE-9547-605D512DFB92 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. 28. Consent Decree Requirements. This Agreement is subject to certain requirements provided for by the Consent Decree entered into as part of Civil Action No. 2:20- cv-00235, United States of America and State of Texas v. City of Corpus Christi in the United States District Court for the Southern District of Texas, Corpus Christi Division (the "Consent Decree"). A set of Wastewater Consent Decree Special Conditions has been attached as Attachment E, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. The Contractor must comply with Attachment E while performing the Services. [Signature Page Follows] Service Agreement Standard Form - Consent Decree Page 7 of 8 DocuSign Envelope ID:83F8063B-33FB-4CDE-9547-605D512DFB92 CONTRACTOR DocuSigned by: Signature: Mario Zanelli Printed Name: Owner Title: Date: 9/8/2021 CITY OF CORPUS CHRISTI Josh Chronley 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 and Bond Requirements Attachment D: Warranty Requirements Attachment E: Wastewater Consent Decree Special Conditions Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. SS-3707 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form - Consent Decree Page 8 of 8 DocuSign Envelope ID:83F8063B-33FB-4CDE-9547-605D512DFB92 ATTACHMENT A: SCOPE OF WORK 1.1 General Requirements A. The Contractor shall provide monthly preventative maintenance service and repairs for the breakpoint chlorination equipment feed system at the Oso Wastewater Treatment Plant. B. In addition to monthly PM service, the Contractor shall provide service and repairs on an as needed "call out" basis. C. The Contractor shall provide labor, materials, parts, and transportation necessary to perform the services. 1.2 Preventative Maintenance/Repairs A. The Contractor shall perform preventative maintenance and repairs as per manufacturer recommendation. B. Preventative maintenance shall include: 1 . Addressing issues reported by the operators 2. Inspecting analyzers 3. Cleaning/replacing/calibrating probes 4. Inspecting chemical pumps 5. Lubricating hoses 6. Cleaning historian software program 7. Performing instrument calibrations C. The Contractor shall repair/replace parts during scheduled preventative maintenance. Replacement of parts shall be made to extend the useful life of the equipment feed system. D. The Contractor shall use Original Equipment Manufacturer (OEM) parts and lubricants. E. All preventative maintenance work shall be scheduled between 7:00 AM and 5:00 PM, Monday through Friday, excluding City holidays. 1.3 Service Personnel A. The Contractor's service technician must be trained, experienced, and qualified to perform the services outlined in this contract. B. The Contractor's technician shall check in with the onsite personnel prior to commencing work and check out after completing the work. DocuSign Envelope ID:83F8063B-33FB-4CDE-9547-605D512DFB92 C. Upon completion of work, the technician shall clean the work area and secure all equipment in a safe condition. 1.4 Warranty The Contractor shall provide a one-year warranty on parts and service. 1.5 Invoicing A. The Contractor shall submit an itemized invoice for payment, which shall include the following: 1 . Service Agreement No. and PO No, 2. Name and address of service location 3. Description of service work 4. Itemized list of parts repaired/replaced B. The Contractor shall mail the original invoice to the address below and email a copy to Utilitiesdept@cctexas.com. City of Corpus Christi ATTN: AP/Utilities Dept PO Box 9277 Corpus Christi, TX 78469-9277 DocuSign Envelope ID:83F8063B-33FB-4CDE-9547-605D512DFB92 ATTACHMENT B: PRICE SHEET P Grace Water Services,LLC 19406 Little Pine Lane Katy,Texas77449 Quotation #: Q-16465-1 YEAR ONE ITEM DESCRIPTION QTY UNIT UNIT PRICE PRICE TOTAL 1 Monthly PM Service Visits 12 EA $3,850.00 $46,200.00 2 Emergency Service "Call-out" 4 EA $3,850.00 $15,400.00 3 Total Chlorine Probes 8 EA $3,243.75 $25,950.00 4 Free Chlorine Probes 6 EA $3,243.75 $19,462.50 5 PH Probes 8 EA $2,476.47 $19,811.76 6 ORP Probes 8 EA $2,476.47 $19,811.76 7 DO Probes 1 EA $5,045.00 $5,045.00 8 HA8 Chemtrac Controller 1 EA $11,400.00 $11,400.00 9 HA4 Controller Replacement 1 EA $8,972.00 $8,972.00 for Junction Box 10 Probe Cables, Membrane 1 EA $9,600.00 $9,600.00 Caps 11 S26 Keco Peristaltic 9 EA $1,200.00 $10,800.00 Replacement Hoses 12 M40 Keco Peristaltic 2 EA $2,150.00 $4,300.00 Replacement Hoses DocuSign Envelope ID:83F8063B-33FB-4CDE-9547-605D512DFB92 13 Admin PC Upgrade, includes 1 EA $18,650.00 $18,650.00 GE License 14 GE Fanuc Replacement Part 1 EA $13,500.00 $13,500.00 15 Sodium Bisulfite Chemical 1 EA $9,250.00 $9,250.00 Feed Pump 16 S26 Peristaltic Chemical Feed 2 EA $9,325.00 $18,650.00 Pump SUBTOTAL — YEAR ONE $256,803.02 YEAR TWO ITEM DESCRIPTION QTY UNIT UNIT PRICE PRICE TOTAL 1 Monthly PM Service Visits 12 EA $3,850.00 $46,200.00 2 Emergency Service "Call-out" 4 EA $3,850.00 $15,400.00 3 Total Chlorine Probes 8 EA $3,503.25 $28,026.00 4 Free Chlorine Probes 7 EA $3,503.25 $24,522.75 5 PH Probes 8 EA $2,674.59 $21,396.72 6 ORP Probes 8 EA $2,674.59 $21,396.72 7 DO Probes 1 EA $5,045.00 $5,045.00 8 S26 Keco Peristaltic 9 EA $1,200.00 $10,800.00 Replacement Hoses 9 M40 Keco Peristaltic 2 EA $2,150.00 $4,300.00 Replacement Hoses SUBTOTAL — YEAR TWO $177,087.19 2-YEAR TOTAL $433,890.21 DocuSign Envelope ID:83F8063B-33FB-4CDE-9547-605D512DFB92 Attachment C - Insurance Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Commercial General Liability Including: $1 ,000,000 Per Occurrence 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000 POLLUTION LIABILITY $1 ,000,000 Per Occurrence (Including Cleanup and Remediation) 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:83F8063B-33FB-4CDE-9547-605D512DFB92 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. DocuSign Envelope ID:83F8063B-33FB-4CDE-9547-605D512DFB92 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. 2021 Insurance Requirements Ins. Req. Exhibit 4-C Contracts for General Services -Services Performed Onsite - Pollution 03/25/2021 Risk Management - Legal Dept. DocuSign Envelope ID:83F8063B-33FB-4CDE-9547-605D512DFB92 Attachment C - Bond Requirements "No bonds required for this Agreement." DocuSign Envelope ID:83F8063B-33FB-4CDE-9547-605D512DFB92 Attachment D - Warranty Requirements All parts are guaranteed for one year (manufacturer defect) all service to replace damage units gets done on the monthly visit or gets quoted for work outside the scope, all service work performed by GWS is guaranteed for one year. 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting October 12, 2021 DATE: October 12, 2021 TO: Peter Zanoni, City Manager FROM: Kevin Norton, Director of Water Utilities Kevin N(a)cctexas.com (361) 826-1874 Josh Chronley, Assistant Director of Contracts and Procurement Josh C2(a)cctexas.com (361) 826-3169 Laboratory Supplies for Greenwood Wastewater Treatment Plant CAPTION: Resolution authorizing a two-year supply agreement for the purchase of laboratory supplies to conduct enterococci testing at the Greenwood Wastewater Treatment Plant Laboratory with IDEXX Distribution Inc. of Westbrook, Maine for an estimated amount of$60,749.82, with FY 2022 funding in an amount not to exceed $30,374.91 available from the Wastewater Fund. SUMMARY: This is a two-year laboratory supplies agreement for the Greenwood Wastewater Treatment Plant Laboratory to conduct enterococci sample testing for the City's six wastewater treatment plants in compliance with the Texas Commission on Environmental Quality (TCEQ) requirements. BACKGROUND AND FINDINGS: The TCEQ requires enterococci sample testing at the City's six wastewater treatment plants. Enterococci testing for all the wastewater treatment plants is conducted in-house at the Greenwood Wastewater Treatment Plant Laboratory. In-house testing is cost-effective and provides the flexibility to test during off-shift hours when necessary. IDEXX is the vendor currently providing our laboratory supplies. This agreement will replace the recently expired contract with a longer-term supply agreement. The unit price in this supply agreement is approximately 5% cheaper than that of last year. PROCUREMENT DETAIL: IDEXX Distribution, Inc. is the sole manufacturer and supplier in the US water testing market. This testing is required by the Texas Commission on Environmental Quality (TCEQ). ALTERNATIVES: An alternative is to not enter into a supply agreement, which would require separate procurements on an as-needed basis, potentially reducing the economies of scale pricing secured through a long-term contract, and increasing the time delay due to the procurement process, which in turn could negatively impact operations. FISCAL IMPACT: The FY2022 fiscal impact for the Utilities Department is an amount not to exceed $30,374.91 from the Wastewater Fund, with the remaining cost of $30,374.91 to be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 4200 Wastewater Organization/Activity: 33120 Greenwood Wastewater Plant Mission Element: 064 Project # (CIP Only): N/A Account: 520030 Chem/hsld. supplies RECOMMENDATION: Staff recommends approval of this resolution authorizing a two-year supply agreement with IDEXX Distribution, Inc. for laboratory supplies for the Greenwood Wastewater Treatment Plant as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Supply Agreement Resolution Resolution authorizing a two-year supply agreement for the purchase of laboratory supplies to conduct enterococci testing at the Greenwood Wastewater Treatment Plant Laboratory with IDEXX Distribution Inc. of Westbrook, Maine for an estimated amount of $60,749.82 with FY 2022 funding in an amount not to exceed $30,374.91 available from the Wastewater Fund. WHEREAS, these services will be used by the Utilities Department; WHEREAS, IDEXX Distribution, Inc., will provide laboratory supplies to conduct enterococci testing at the Greenwood Wastewater Treatment Plant Laboratory for the City's six wastewater treatment plants, 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 or 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 IDEXX Distribution, Inc. of Westbrook, Maine based on a sole source for a total amount not-to-exceed $ 60,749.82. Page 1 of 2 PASSED AND APPROVED on the day of , 2021 : Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 2 of 2 ATTACHMENT B: PRICE SHEET Quotation #: 20233718 YEAR ONE AND YEAR TWO ITEM DESCRIPTION QTY UNIT UNIT PRICE PRICE TOTAL 1 WENT200 ENTEROLERT 100ML 34 EA $765.00 $26,010.00 200/PACK 2 WP2001-18 GAMMA IRAD COLILERT-18 6 EA $546.00 $3,276.00 200/PACK 3 WQTK QUANTI-TRAY 2000 DISPOSABLE 78 EA $168.00 $13,104.00 100/BX 4 WV120SBST-200, VESSELS W/ST AND SB, 40 EA $74.00 $2,960.00 200/PACK 5 WV290SBST-100, 290 ML VESSEL W/NA 70 EA $117.00 $8,190.00 100/PACK 6 WQT2KC, PRE-DISP QT 2000 6 EA $26.00 $156.00 COMPARATOR 7 UN3373-WQC ENTEROCOCCI 6 EA $243.62 $1,461 .72 8 UN3373-WQC FECAL COLIFORM 6 EA $175.15 $1,050.90 9 IDEXX SEALER CARE 2 EA $750.00 $1,500.00 10 FREIGHT 1 EA $3,041.20 $3,041.20 TOTA L $60,749.82 mUs c,� G� A SUPPLY AGREEMENT NO. 3716 U Laboratory Supplies for Greenwood Wastewater Treatment Plant h 1852 (WWTP) THIS Laboratory Supplies for Greenwood WWTP Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and IDEXX Distribution, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Laboratory Supplies for Greenwood WWTP in response to Request for Bid No. SS-3716 ("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 Laboratory Supplies for Greenwood WWTP in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. (A) This Agreement is for 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. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. 3. Compensation and Payment. This Agreement is for an amount not to exceed $60,749.82, subject to approved extensions and changes. Payment will be made Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form May 20, 2021 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: 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. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form May 20, 2021 7. Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Contractor, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In providing the Goods, Contractor will not enter into subcontracts or utilize the services of subcontractors. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form May 20, 2021 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: (361) 826-4495 IF TO CONTRACTOR: IDEXX Distribution, Inc. Attn: Amanda Nowinski Title: Inside Sales Account Manager Address: One IDEXX Drive, Westbrook, Maine 04092 Phone: 1- 800-321-0207 ext. 66179 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 Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form May 20, 2021 AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the 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. Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form May 20, 2021 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. (SIGNATURE PAGE FOLLOWS) Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form May 20, 2021 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI Josh Chronley Assistant Director, Contracts and Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB No. SS-3716 Exhibit 2: Contractor's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form May 20, 2021 ATTACHMENT A: SCOPE OF WORK 1. General Requirements The Contractor shall supply the Greenwood Wastewater Treatment Plant with laboratory supplies to conduct enterococci testing. 2. Specifications A. Laboratory supplies will be ordered on an as needed basis. B. Delivery shall be made between the hours of 7:OOAM - 3:OOPM to Greenwood Wastewater Treatment Plant 6541 Greenwood Dr. Corpus Christi, TX 78415 3. Invoices Invoices shall be mailed to the address below, and a copy emailed to Utilitiesdept@cctexas.com. City of Corpus Christi ATTN: Accounts Payable/Utilities Department P.O. Box 9277 Corpus Christi, TX 78469 ATTACHMENT B: PRICE SHEET Quotation #: 20233718 YEAR ONE AND YEAR TWO ITEM DESCRIPTION QTY UNIT UNIT PRICE PRICE TOTAL 1 WENT200 ENTEROLERT 100ML 34 EA $765.00 $26,010.00 200/PACK 2 WP2001-18 GAMMA IRAD COLILERT-18 6 EA $546.00 $3,276.00 200/PACK 3 WQTK QUANTI-TRAY 2000 DISPOSABLE 78 EA $168.00 $13,104.00 100/BX 4 WV120SBST-200, VESSELS W/ST AND SB, 40 EA $74.00 $2,960.00 200/PACK 5 WV290SBST-100, 290 ML VESSEL W/NA 70 EA $117.00 $8,190.00 100/PACK 6 WQT2KC, PRE-DISP QT 2000 6 EA $26.00 $156.00 COMPARATOR 7 UN3373-WQC ENTEROCOCCI 6 EA $243.62 $1,461 .72 8 UN3373-WQC FECAL COLIFORM 6 EA $175.15 $1,050.90 9 IDEXX SEALER CARE 2 EA $750.00 $1,500.00 10 FREIGHT 1 EA $3,041 .20 $3,041 .20 TOTAL $60,749.82 Attachment C: Insurance and Bond Requirements No insurance or bonds are required for this supply agreement. Page 1 of 1 Attachment D - Warranty Requirements "No manufacturer's warranty required for this Agreement." �os�� ri yaApoRAEO AGENDA MEMORANDUM 1,852 Action Item for the City Council Meeting October 12, 2021 DATE: October 12, 2021 TO: Peter Zanoni, City Manager FROM: Charles Mendoza, Director of Asset Management CharlesM2(u-)cctexas.com (361) 826-1941 Josh Chronley, Assistant Director of Procurement Josh C2(a)cctexas.com (361) 826-3169 Original Equipment Manufacturer (OEM) Ford parts for Fleet CAPTION: Motion authorizing two three-year supply agreements with Sames Motor Company, Inc. of Corpus Christi, Texas and Arnold Oil Company of Corpus Christi, Texas, for Original Equipment Manufacturer (OEM) Ford Parts for Fleet for a total estimated amount not to exceed $725,000.00, with FY 2022 funding in an amount not to exceed $241 ,666.00 available through the Fleet Maintenance Service Fund. SUMMARY: This item is to approve two supply agreements for Fleet Maintenance, a division of Asset Management, to buy OEM parts for Ford vehicles from Sames Motor Company, Inc and Arnold Oil Company, both from Corpus Christi Texas as shown below: Primary Secondary Sames Motor Company Inc. Arnold Oil Company, Inc Corpus Christi, Texas Corpus Christi, Texas $435,000 $290,000 BACKGROUND AND FINDINGS: Fleet Maintenance has an ongoing need to purchase OEM Ford parts to sustain the maintenance and repair requirements of Ford vehicles, including first responder vehicles. The purchase of these goods is essential for Fleet Maintenance to maintain the fleet so that departments, in turn, can accomplish their missions. It is also important that these parts be delivered in a timely manner so that vehicles and equipment can be turned around, placed back in service, and continue to perform required operations. These supply agreements will significantly assist Fleet Maintenance in ensuring the above is accomplished. The incumbent for OEM Ford parts were also a primary and secondary and were awarded to Arnold Oil Company, Inc as primary and Lithia FLCC, LLC dba Access ford Lincoln as secondary. PROCUREMENT DETAIL: The Purchasing Division conducted a competitive request for bids (RFB) process to obtain bids. The City received two responsive bids. The bid included 20 commonly used part numbers to be priced with included catalog price discount. This bid indicated a primary and secondary award would be established in the event the primary contractor is unable to provide the parts on a timely basis as indicated. An estimated 60/40 percentage split is projected for each of the contractors. Staff is recommending Sames Motor Company Inc. of Corpus Christi, Texas, the lowest, responsive, responsible bidder as the primary contractor. Arnold Oil Company of Corpus Christi, Texas as the secondary contractor. Therefore, staff recommends award to these two Contractors to provide these needed fleet vehicle and equipment supplies. ALTERNATIVES: The alternative would be to not secure a long-term supply agreement. This would have Asset Management Fleet Division purchase on individual purchase orders which would be time consuming and not be as productive. In addition, a long-term agreement allows for a better economy of scale. FISCAL IMPACT: The three-year supply agreement for OEM Ford Parts for Fleet is for an estimated amount not to exceed $725,000.00 with FY 2022 funding in an amount not to exceed $241 ,666.00 available through the Fleet Maintenance Service Fund. FUNDING DETAIL: Fund: 5110 Fleet Maintenance Service Organization/Activity 40180 Parts Room Operation Mission Element: 202 Maintain the Fleet Project # (CIP Only): N/A Account: 520210 Cost of Goods Sold RECOMMENDATION: Staff recommends the approval of this agreement with Sames Motor Company Inc. of Corpus Christi, Texas and Arnold Oil Company of Corpus Christi, Texas, for OEM Ford Parts for Fleet. LIST OF SUPPORTING DOCUMENTS: Bid Tab Service Agreements City of Corpus Christi Bid Tabulation Contracts and Procurement RFB#3605 Buyer:Marco Lozano OEM Ford Parts for Fleet Sames Motor Company- Arnold Oil Company- Corpus Christi,Texas Corpus Christi,Texas Percent Unit Percent ITEM Description Unit Qty Unit Price Discount Total Price Price Discount Total Price 1 Air Filter, Part#FA-1884 EA 1 $ 21.95 42.0% $ 12.73 $ 21.95 40.0% $ 13.17 2 Air Filter, Part#FA-1092 EA 1 $ 37.85 42.0% $ 21.95 $ 37.85 40.0% $ 22.71 3 Air Filter, Part#FA-1927 EA 1 $ 89.75 42.0% $ 52.06 $ 89.75 40.0% $ 53.85 4 Air Filter, Part#FA-1796 EA 1 $ 15.00 42.0% $ 8.70 $ 15.00 45.1% $ 8.23 s Blower Motor, Part#MM852 EA 1 $ 68.73 42.0% $ 39.86 $ 68.73 37.5% $ 42.96 6 Cabin Air Filter, Part#FP-79 EA 1 $ 29.95 42.0% $ 17.37 $ 29.95 40.0% $ 17.97 7 Front Pads, Part#BRF-1475 EA 1 $ 110.00 42.0% $ 63.80 $ 110.00 41.7% $ 64.17 8 Fuel Filter, Part#FD-4625 EA 1 $ 103.64 42.0% $ 60.11 $ 103.64 40.0% $ 62.18 9 Oil Filter, Part#FL-20515 EA 1 $ 24.38 42.0% $ 14.14 $ 24.38 40.0% $ 14.64 10 Oil Filter, Part#FL-2016 EA 1 $ 32.11 42.0% $ 18.62 $ 32.11 40.0% $ 19.27 11 Rear Pads, Part#BRF-1383 EA 1 $ 71.71 42.0% $ 41.59 $ 71.71 40.9% $ 42.41 12 Front Pads, Part#BRF-1922 EA 1 $ 208.73 42.0% $ 121.06 $ 208.73 41.7% $ 121.76 13 Rear Pads, Part#BRF-1903 EA 1 $ 163.00 42.0% $ 94.54 $ 163.00 41.7% $ 95.09 14 Stabilizer Bar Link, Part#MEF-350 EA 1 $ 76.55 42.0% $ 44.40 $ 76.55 37.5% $ 47.85 15 Stabilizer Bar Link, Part#MEF-351 EA 1 $ 76.55 42.0% $ 44.40 $ 76.55 37.5% $ 47.85 16 Oxygen Sensor, Part#DY-1292 EA 1 $ 92.55 42.0% $ 53.68 $ 92.55 41.7% $ 53.99 17 Oxygen Sensor, Part#DY-1290 EA 1 $ 50.55 42.0% $ 29.32 $ 50.55 41.7% $ 29.49 18 Control Arm Assembly, Part#MCF-2392 EA 1 $ 285.45 42.0% $ 165.56 $ 285.45 41.7% $ 166.52 19 Control Arm Assembly, Part#MCF-2391 EA 1 $ 283.64 42.0% $ 164.51 $ 283.64 41.7% $ 165.46 20 Spark Plug, Part#SP-546 EA 1 $ 17.42 42.0% $ 10.10 $ 17.42 40.1% $ 10.44 Sample Catalog Items $ 1,078.52 $ 1,100.01 mUs c,� G� A SUPPLY AGREEMENT NO. 3605 U OEM Ford Parts for Fleet fhaaaoRp 1852 THIS OEM Ford Parts for Fleet Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Sames Motor Company Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide OEM Ford Parts for Fleet in response to Request for Bid No. 3605 ("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 OEM Ford Parts for Fleet in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for three years. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods ("Option Period(s)"), provided, the parties do so 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 $435,000.00, 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 must be mailed to the following address with a copy provided to the Contract Administrator: Supply Agreement Standard Form Page 1 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: Benjamin Sanchez Department: Fleet Maintenance Phone: 361-826-1959 Email: BenjaminS@CCtexas.com 5. Insurance. Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Contractor until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Contractor, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Contractor within 30 days of receipt of City's invoice. Supply Agreement Standard Form Page 2 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 Supply Agreement Standard Form Page 3 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: Benjamin Sanchez Title: Parts Foreman Address: 5352 Ayers, BIdg.3B, Corpus Christi, Texas 78415 Phone: 361-826-1959 Fax: N/A IF TO CONTRACTOR: Sames Motor Company Inc. Attn: Shawn McCurdy Title: Parts Manager Address: 4721 Ayers St., Corpus Christi, Texas 78415 Phone: 361-851-7600 Fax: 361-851-7640 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 Supply Agreement Standard Form Page 4 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 Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be 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. Supply Agreement Standard Form Page 5 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) Supply Agreement Standard Form Page 6 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 l : RFB No. 3605 Exhibit 2: Contractor's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form March 12, 2021 use GO I� a ATTACHMENT A: SCOPE OF WORK c1832F General Requirements/Background Information The Contractor shall provide OEM Ford parts for the City's Asset Management Department as outlined in this Scope of Work. Only Original Equipment Manufacturer Ford parts will be considered. Scope of Work: A. The Contractor shall provide parts on an as needed basis. Parts may include but are not limited to: filters, brakes, control arms, shocks, engine parts, body parts, supplies, and other automotive parts. B. The Contractor shall deliver parts to the City Garage, City Service Center located at 5352 Ayers Street, Building 3B, Corpus Christi, Texas 78415. The cost of delivery shall be incorporated in the cost of the items under this contract. The Contractor shall not charge extra for delivery. C. The Contractor shall deliver parts between the hours of 8:OOAM to 5:OOPM. 1 . The Contractor shall deliver in-stock parts by 5:OOPM same business day if ordered by 2:OOPM. 2. The Contractor shall deliver in-stock parts by 5:OOPM next business day if ordered after 2:OOPM. D. The Contractor shall provide bill of sale upon delivery. E. The Contractor must be located within forty miles of the City Garage City Service Center. SC w � CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT U BID FORM OORPORpE 1852 RFB No. 3605 OEM Ford Parts for Fleet ��,-�- � J PAGE OF Date: / Authorized Bidder: S � d Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. * RFB was bid out awarding Primary 60% and Secondary 40% Contractors. This Contractor is Primary Item Description Percent Discount from List 1 OEM Ford Parts Catalog Discount 'L 7. Total Three-Year Contract Value Not to Exceed $725,000.00 *The Contractor must provide copies of catalog pages including the list price for the following items: 1. Air Filter, Part # FA-1884 11 . Rear Pads, Part # BRF-1383 2. Air Filter, Part # FA-1092 12. Front Pads, Part # BRF-1922 3. Air Filter, Part # FA-1927 13. Rear Pads, Part # BRF-1903 4. Air Filter, Part # FA-1796 14. Stabilizer Bar Link, Part # MEF-350 5. Blower Motor, Part # MM852 15. Stabilizer Bar Link, Part # MEF-351 6. Cabin Air Filter, Part # FP-79 16. Oxygen Sensor, Part # DY-1292 7. Front Pads, Part # BRF-1475 17. Oxygen Sensor, Part # DY-1290 8. Fuel Filter, Part # FD-4625 18. Control Arm Assembly, Part # MCF-2392 9. Oil Filter, Part # FL-2051 S 19. Control Arm Assembly, Part # MCF-2391 10. Oil Filter, Part # FL-2016 20. Spark Plug, Part # SP-546 CARPUS CHRISTI sar., mes Texas'Oldest Dealership 4721 AYERS STREET CORPUS CHRISTI, TEXAS 78415 (361) 851-7600 Parts Direct Line (361) 851-7640 www.samesfordcc.com RETURN/REFUND POLICY: ALL RETURNS MUST BE ACCOMPANIED BY THIS INVOICE AND ARE SUBJECT TO A 20% RESTOCKING CHARGE. RETURNED ITEMS MUST BE IN THE ORIGINAL UNOPENED BOX OR CONTAINER. PLEASE NOTE THAT THE DEALERSHIP WILL NOT ACCEPT RETURNS OR MAKE REFUNDS AFTER 10 DAYS. NO REFUNDS OR RETURNS ON SPECIAL ORDER PARTS OR ELECTRICAL PARTS. DISCLAIMER OF WARRANTY: ALL PARTS AND ACCESSORIES ARE SOLD BY THE DEALERSHIP AS-IS. ANY WARRANTIES ON THE PARTS OR PRODUCTS DESCRIBED BELOW AIETHTHOSE OF THE MANUFACTURER OR DISTRIBUTOR OF THE PARTS OR PRODUCTS. THE DEALERSHIP HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, WITH RESPECT TO THE SAME. THE DEALERSHIP NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY LIABILITY IN CONNECTION WITH THE SALE OF SAID PARTS OR PRODUCTS. CUSTOMER SHALL NOT BE ENTITLED TO RECOVER FROM THE DEALERSHIP ANY CONSEQUENTIAL DAMAGES, DAMAGES TO PROPERTY, DAMAGES FOR LOSS OF USE, LOSS OF TIME, LOSS OF PROFIT OR INCOME, OR ANY OTHER INCIDENTAL DAMAGES. THIS DISCLAIMER IN NO WAY AFFECTS THE PROVISIONS OF ANY MANUFACTURER OR DISTRIBUTOR WARRANTIES. 1DATE ENTERED YOUR ORDER NO. DATE SHIPPED INVOICE DATE INVOICE 1-1 JUN 21 ill JUN 21 NUMBER Q443118 _09 : 28 **** I N V O I C E Q U 0 T E DO NOT PAY **** C ACCOUNT NO. 28070 H PAGE 1 OF 2. L I 0 P CITY OF CORPUS CHRISTI FLEET TPO BOX 9277 0 CORPUS CHRISTI, TX 78469-9277 ('361) 826-11919 SHIP VIA SLSM. B/L NO. TERMS F.O.B. POINT 3939 _ CHARGE CORPUS CHRISTI, niJANTITY PART NO. _ DESCRIPTION LIST NET AMOUNT 0 BRF*1903* KIT - B 163 . 00 94 . 54 94 . 54 1 0 BRF*1922* KIT - B 208 . 73 121 . 06 12.1 . 06 1 1 0 FA*1796* FILTER 16 . 50 9 . 57 9 . 57 0 GB5Z*3079*H ARM ASY 283 . 64 164 . 51 164 . 51 1 0 DG1Z*2001*F 103 KIT - B 110 . 00 - 63 . 80 63 . 80 11 1 0 DG1Z*2200*B 105 PAD - B 72 .71 42 . 17 42 . 17 1 1 0 GB5Z*5K483*A 115 LINK 76 . 55 44 . 40 44 .40 I 0 GB5Z*5K484*A 116 LINK 76 . 55 44 . 40 44 .40 O FL3Z*9G444*A 144 SENSOR 50 . 55 29 . 32 29 . 32 0 IJ'B5Z*9F472*A 146 SENSOR 92 . 55 53 . 68 53 . 68 0 KL3Z*19N619*AA 198 FILTER 29 . 95 17 . 37 17 . 37 Part number KL3Z*19 619*AA replaces FL3Z*19 0 HC3Z*9601*A 200 ELEMENT 89 . 75 52 . 05 52 . 05 0 HC3Z*9601*A 200 ELEMENT 89 . 75 52 . 05 52 . 05 1 0 '7T4Z*9601*A 201 ELEMENT 21 . 95 12. . 73 12 . 73 0 XC3Z*19805*CA 209 MOTOR - 68 . 73 39 . 86 39 . 86 0 GB5Z*3078*E 258 ARM ASY 285 . 45 165 . 56 165 . 56 0 3C3Z*6731*AA ALL KIT - E 32 . 11 18 . 62 18 . 62 1 O FL*2051*S ALL KIT - E 2.4 . 38 14 . 14 14 . 14 0 HC3Z*9N184*J ALL ELEMENT 103 . 64 60 . 11 60 . 11 Part number HC3Z*9N184*J replaces HC3Z*9N I PARTS _ SUBLET FREIGHT SALES TAX CUST(JMER'S SIGNATURE TOTAL _ DO:lerCAF zo,.,C,)K .IIC 10,,,"FAar, 01c, 'p ""'C' �s-is -,E�,E„�� ,,,,��,,,� CUSTOMER COPY CORPUS CHRISTI scar., mes Texas'Oldest Dealership 4721 AYERS STREET CORPUS CHRISTI, TEXAS 78415 (361) 851-7600 Parts Direct Line (361) 851-7640 www.samesfordcc.com RETURN/REFUND POLICY: ALL RETURNS MUST BE ACCOMPANIED BY THIS INVOICE AND ARE SUBJECT TO A 20% RESTOCKING CHARGE. RETURNED ITEMS MUST BE IN THE ORIGINAL UNOPENED BOX OR CONTAINER. PLEASE NOTE THAT THE DEALERSHIP WILL NOT ACCEPT RETURNS OR MAKE REFUNDS AFTER 10 DAYS. NO REFUNDS OR RETURNS ON SPECIAL ORDER PARTS OR ELECTRICAL PARTS. DISCLAIMER OF WARRANTY: ALL PARTS AND ACCESSORIES ARE SOLD BY THE DEALERSHIP AS-IS. ANY WARRANTIES ON THE PARTS OR PRODUCTS DESCRIBED BELOW ARE THOSE OF THE MANUFACTURER OR DISTRIBUTOR OF THE PARTS OR PRODUCTS. THE DEALERSHIP HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SAME. THE DEALERSHIP NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY LIABILITY IN CONNECTION WITH THE SALE OF SAID PARTS OR PRODUCTS. CUSTOMER SHALL NOT BE ENTITLED TO RECOVER FROM THE DEALERSHIP ANY CONSEQUENTIAL DAMAGES, DAMAGES TO PROPERTY, DAMAGES FOR LOSS OF USE, LOSS OF TIME, LOSS OF PROFIT OR INCOME, OR ANY OTHER INCIDENTAL DAMAGES.THIS DISCLAIMER IN NO WAY AFFECTS THE PROVISIONS OF ANY MANUFACTURER OR DISTRIBUTOR WARRANTIES. _ DATE ENTERED YOUR ORDER NO. DATE SHIPPED INVOICE DATE INVOICE Ill JUN 21 �11 JUN 21 NUMBER Q4431.18 09 : 28 **** I N V O I C E Q U 0 T E - DO NOT PAY **** H ACCOUNT NO. 28070 H PAGE 2 OF' 2 L I D CITY OF CORPUS CHRISTI FLEET P e PO BOX 9277 0 CORPUS CHRISTI, TX '78469-9277 (361) 826-1919 SHIP VIA SLSM. B/L NO. TERMS F.O.B. POINT QUANTITY 1 3939 CHARGE CORPUS CFiRIS`TI, PART NO. DESCRIPTION LIST NET AMOUNT 0 SP*546* ALL SPARK P 17 . 42 10 . 10 1.0 . 10 NEW PRICING QUOTE FOR BID **** I N V O I C E Q U 0 T E - DO NOT PAY I I i i NO CASH REFUND ON ANY RETURN OVER $50 RETURNS AND CORES MUST BE IN ORIGINAL PARTS 1, 110 . 04 PACKAGING AND IN SALEABLE CONDITION. SUBLET _ PLEASE SEND A COPY OF INVOICE WITH FREIGHT _ 0 . 00 ALL RETURNS FOR PROMPT CREDIT. SALES TAX 0 . 00 &sTbME'S SIGN FURE X TOTAL $1, 110 . 041 _j D�aIPfrAP. 1n 1 coz 51,1,111.ILC 1(-)171 PARTS ItIVOICE IUP-2PI3CI. ASIS-uHERiC 1696-) CUSTOMER COPY Attachment C: Insurance and Bond Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Commercial General Liability $1,000,000 Per Occurrence Including: 1. Commercial Broad Form 2. Premises -Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury-Advertising Injury GARAGE KEEPERS PHYSICAL DAMAGE Actual Cash Value of Vehicles and COVERAGE including: Equipment While in Care, Custody Physical Damage on a Direct Primary Basis or Control, up to $600,000 C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Page 1 of 3 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. Page 2 of 3 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. 2021 Insurance Requirements Ins. Req. Exhibit 4-13 Contracts for General Services -Services Performed Onsite 05/10/2021 Risk Management- Legal Dept. Page 3 of 3 ATTACHMENT D: WARRANTY REQUIREMENTS No additional warranty required outside of standard manufacturer's warranty. Page 1 of 1 DocuSign Envelope ID:C648FD39-65C7-449A-9C01-297C1413A4AA SC G� > SUPPLY AGREEMENT NO. 3605 U OEM Ford Parts for Fleet fhaaaoRp 1852 THIS OEM Ford Parts for Fleet Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Arnold Oil Company ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide OEM Ford Parts for Fleet in response to Request for Bid No. 3605 ("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 OEM Ford Parts for Fleet in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for three years. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods ("Option Period(s)"), provided, the parties do so 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 $290,000.00, 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 must be mailed to the following address with a copy provided to the Contract Administrator: Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:C648FD39-65C7-449A-9C01-297C1413A4AA City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Benjamin Sanchez Department: Fleet Maintenance Phone: 361-826-1959 Email: BenjaminS@CCtexas.com 5. Insurance. Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Contractor until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Contractor, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Contractor within 30 days of receipt of City's invoice. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:C648FD39-65C7-449A-9C01-297C1413A4AA 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 Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:C648FD39-65C7-449A-9C01-297C1413A4AA Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Benjamin Sanchez Title: Parts Foreman Address: 5352 Ayers, Bldg.3B, Corpus Christi, Texas 78415 Phone: 361-826-1959 Fax: N/A IF TO CONTRACTOR: Arnold Oil Company Attn: Jonathan Arnold Title: Vice President Address: 5422 Ayers St., Corpus Christi, Texas 78415 Phone: 361-884-6621 Fax: 361-883-8977 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 Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:C648FD39-65C7-449A-9C01-297C1413A4AA ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be 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. Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:C648FD39-65C7-449A-9C01-297C1413A4AA 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:C648FD39-65C7-449A-9C01-297C1413A4AA CONTRACTOR E�,JlrjPP7FWll DocuSigned W..O&J4'A&A, A"OU Signature: Printed Name: Jonathan Arnold Title: vP Date: 8/12/2021 CITY OF CORPUS CHRISTI Josh Chronley Interim Assistant Director, Contracts and Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit l : RFB No. 3605 Exhibit 2: Contractor's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:C648FD39-65C7-449A-9C01-297C1413A4AA �v�c . - ATTACHMENT A: SCOPE OF WORK \ rS832Fo General Requirements/Background Information The Contractor shall provide OEM Ford parts for the City's Asset Management Department as outlined in this Scope of Work. Only Original Equipment Manufacturer Ford parts will be considered. Scope of Work: A. The Contractor shall provide parts on an as needed basis. Parts may include but are not limited to: filters, brakes, control arms, shocks, engine parts, body parts, supplies, and other automotive parts. B. The Contractor shall deliver parts to the City Garage, City Service Center located at 5352 Ayers Street, Building 3B, Corpus Christi, Texas 78415. The cost of delivery shall be incorporated in the cost of the items under this contract. The Contractor shall not charge extra for delivery. C. The Contractor shall deliver parts between the hours of 8:OOAM to 5:OOPM. 1 . The Contractor shall deliver in-stock parts by 5:OOPM same business day if ordered by 2:OOPM. 2. The Contractor shall deliver in-stock parts by 5:OOPM next business day if ordered after 2:OOPM. D. The Contractor shall provide bill of sale upon delivery. E. The Contractor must be located within forty miles of the City Garage City Service Center. DocuSign Envelope ID:C648FD39-65C7-449A-9C01-297C1413A4AA SC CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT BID FORM QAC I PONAI O 1852 RFB No. 3605 OEM Ford Parts for Fleet PAGE 1 OF 1 Authorized Bidder: Acnou a i Q9(hikAv Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. * RFB was bid out awarding Primary 60% and Secondary 40% Contractors. This Contractor is Secondary Item Description Percent Discount from List 1 OEM Ford Parts Catalog Discount Ava 40.5 V Total Three-Year Contract Value Not to Exceed $ 5,000.00 *The Contractor must provide copies of catalog pages including the list price for the following items: 1 . Air Filter, Part # FA-1884 11 . Rear Pads, Part # BRF-1383 2. Air Filter, Part # FA-1092 12. Front Pads, Part # BRF-1922 3. Air Filter, Part # FA-1927 13. Rear Pads, Part # BRF-1903 4. Air Filter, Part # FA-1796 14. Stabilizer Bar Link, Part # MEF-350 5. Blower Motor, Part # MM852 15. Stabilizer Bar Link, Part # MEF-351 6. Cabin Air Filter, Part # FP-79 16. Oxygen Sensor, Part # DY-1292 7. Front Pads, Part # BRF-1475 17. Oxygen Sensor, Part # DY-1290 8. Fuel Filter, Part # FD-4625 18. Control Arm Assembly, Part # MCF-2392 9. Oil Filter, Part # FL-2051 S 19. Control Arm Assembly, Part # MCF-2391 10. Oil Filter, Part # FL-2016 20. Spark Plug, Part # SP-546 DocuSign Envelope ID:C648FD39-65C7-449A-9C01-297C1413A4AA Arnold Oil Response to: RFB 3605 OEM Ford Parts for Fleet Part Number Description Order IJOM List Price Unit Price MOTFA1 B84 ELEMENT ASY-AIR CL 1 EA 21.950 13.170 MOTFA1902 ELEMENT ASY-AIR CL 1 EA 37.850 22.710 MOTFA1927 ELEMENT ASY-AIR CLEANER 1 EA 89.750 53.850 MOTF'-0796 FILTER-AIR 1 Erb. 15.13�G 8.230 MOTMM852 MOTOR-COOLING BLOW 1 EA 68.730 42.960 MOTFP92 FILTER-POLLEN 1 EA 29.9F0 11.970 MOTBRF1475 KIT-BRAKE LINING 1 EA 110.000 64.170 MOTFD4625AA ELEMENT(WITH COLLAR) 1 EA 103.640 62.180 MOTFL2051S KIT-ELEMENT&GASK 1 EA 24.380 14.640 MOTFL2016 KIT-ELEMENT&GASK 1 EA 32.110 19.270 MOTBRF1383 KIT-BRAKE LINING 1 EA 72.710 42.410 MOTBRF1922 KIT-BRAKE LINING 1 EA 208.730 121.760 MOTBRF1903 KIT-BRAKE LINING 1 EA 163.000 95.090 MOTMEF350 LINK(PCA) 1 EA 76.550 47.850 MOTMEF351 LINK(PCA) 1 EA 76.550 47.850 MOTDY1292 SENSOR-HEGO 1 EA 92.550 53.990 MOTDY1290 SENSOR-EXHAUST GAS 1 EA 50.550 29.490 MOTMCF2392 ARM ASY-FRONTSUSPE14SION 1 EA 285.450 166.520 MOTMCF2391 ARM ASY-FRONTSUSPENSION 1 EA 283.640 165.460 MOTSP546 SPARK PLUG@MOTSP515 1 EA 17.420 10.440 DocuSign Envelope ID:C648FD39-65C7-449A-9C01-297C1413A4AA Attachment C: Insurance and Bond Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Commercial General Liability $1,000,000 Per Occurrence Including: 1. Commercial Broad Form 2. Premises -Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury-Advertising Injury GARAGE KEEPERS PHYSICAL DAMAGE Actual Cash Value of Vehicles and COVERAGE including: Equipment While in Care, Custody Physical Damage on a Direct Primary Basis or Control, up to $600,000 C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Page 1 of 3 DocuSign Envelope ID: C648FD39-65C7-449A-9C01-297C1413A4AA 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. Page 2 of 3 DocuSign Envelope ID: C648FD39-65C7-449A-9C01-297C1413A4AA 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. 2021 Insurance Requirements Ins. Req. Exhibit 4-13 Contracts for General Services -Services Performed Onsite 05/10/2021 Risk Management- Legal Dept. Page 3 of 3 DocuSign Envelope ID:C648FD39-65C7-449A-9C01-297C1413A4AA ATTACHMENT D: WARRANTY REQUIREMENTS No additional warranty required outside of standard manufacturer's warranty. Page 1 of 1 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting October 12, 2021 DATE: September 21 , 2021 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA, CGFO, Director of Finance and Business Analysis HeatherH3(u-)cctexas.com (361) 826-3227 Josh Chronley, Assistant Director of Contracts and Procurement Josh C2Ca-)cctexas.com (361) 826-3169 Extension for Investment Advisor Services CAPTION: Resolution authorizing a two-year service agreement extension to provide investment advisor services with Meeder Public Funds, Inc., in an amount not to exceed $60,000.00 for the first of two option periods, effective September 4, 2021 , with first-year funding available in the FY 2021- 22 Budget through the General Fund. SUMMARY: This resolution extends the current contract with Meeder Public Funds, to provide investment consulting services for an additional two years in an amount not to exceed $60,000.00. These services are necessary to assist City Investment Officers, in the Finance Department, with investment decisions. BACKGROUND AND FINDINGS: Meeder Public Funds, Inc. presents market information to the Investment Committee during the quarterly Investment Committee meetings. The Investment Committee is made up of the City Manager, Chief Financial Officer, Director of Finance and Business Analysis, Assistant Director of Finance and Business Analysis and the Director of Management and Budget. During the past year, Patterson & Associates has provided training to City Investment Officers as required by the Public Funds Investment Act, increased interest earnings on investments, and assisted in the annual review of the City of Corpus Christi Investment Policy and Investment Strategies as well as four City associated investment policies and investment strategies. The City of Corpus Christi's Investment Policy and Investment Strategies was certified by the Government Treasurers' Organization of Texas earlier this year for the second time. The City does not have the resources to view current market activity. Prior to the contract with Meeder Public Funds, Inc. our brokers were the only ones providing the City with investment options. Meeder Public Funds, Inc. has access to the Bloomberg financial system that provides them with access to market availability and yield for investments. Because of the knowledge they have about the market activity, they are able to negotiate for the best price of a security. Meeder Public Funds, Inc. provides investment options available to the City's Investment Officers. The City's Investment Officers will determine if they want to act on the investment and then contact the City approved brokers to transact the purchase of the security. Additionally, Meeder Public Funds, Inc. assisted with the depository contract solicitation and review, assisted in the development of treasury policies and procedures, and presented cash handling training. Meeder Public Funds, Inc. is an SEC registered investment advisory firm which has provided independent and objective portfolio management advice and management since 1994. Linda Patterson is President of Meeder Public Funds, Inc. and was previously the City Treasurer of Fort Worth and Deputy state Treasurer for Texas. She draws her knowledge from these experiences in public finance and her experience working with clients on investment portfolios, policies, controls and depository contracts. This is the first of two, two-year extensions included in the original contract. Per Public Funds Investment Act (PFIA) a contract for investment services cannot be longer than two years and each extension must be approved by the governing body. This contract has a third two-year extension that may be acted on in 2024 for an amount not to exceed $64,000 for the two-year period. ALTERNATIVES: The alternative is to have the City's brokers provide investment options; however, this would not meet the Finance Department's goal of achieving the best investment for the City. Meeder Public Funds, Inc. has access to the Bloomberg financial system that provides them with access to market availability and yield for investments. Because of the knowledge they have about the market activity, they are able to negotiate for the best price of a security. FISCAL IMPACT: The financial impact for the Finance Department is an amount not to exceed $60,000.00 for the first two-year extension. FUNDING DETAIL: Fund: 1020 - General Fund Organization/Activity: 10830 — Cash Management Mission Element: 184 — Treasury for Debt & Cash Management Project # (CIP Only): Account: 530000 — Professional Services RECOMMENDATION: Staff recommends approval of this resolution authorizing a two-year service agreement extension with Meeder Public Funds, Inc. for investment advisor services as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution authorizing a two-year service agreement extension to provide investment advisor services with Meeder Public Funds, Inc., in an amount not to exceed $60,000.00 for the first of two option periods, effective September 4, 2021, with first-year funding available in the FY 2021-22 Budget through the General Fund. WHEREAS, these services will be used for investment advisor services for the Finance and Business Analysis Department; WHEREAS, the current agreement, which was assigned to Meeder Public Funds, Inc., after it acquired Patterson Capital Management, L.P., dba Patterson & Associates, expired on September 4, 2021 ; and WHEREAS, Government Code Chapter 2256, Section 2256.003(b) provides that the governing body of an investing entity may contract with an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) or with the State Securities Board to provide for the investment and management of its public funds or other funds under its control. A contract made under authority of this subsection may not be for a term longer than two years. A renewal or extension of the contract must be made by the governing body of the investing entity by order, ordinance, or resolution; Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or designee, is authorized to execute all documents necessary to renew or extend the service agreement with Meeder Public Funds, Inc., of Austin, Texas based on a total amount not to exceed $60,000. Section 2. Authorization of this service agreement renewal is ratified back to the effective date of September 4, 2021 . Page 1 of 2 PASSED AND APPROVED on the day of , 2021 : Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 2 of 2 0 v AGENDA MEMORANDUM NOflPORAS E� 1852 Action Item for the City Council Meeting of October 12, 2021 DATE: September 21, 2021 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P.E., Director of Engineering Services 0effreye(a)-cctexas.com (361) 826-3851 Rolando Mata, Interim Director of Public Works rolandom2(a-)-cctexas.com (361) 826-1677 Heather Hurlbert, Finance & Business Analysis Heatherh3(a)cctexas.com (361) 826-3227 Construction Contract Award Storm Water Infrastructure IDIQ CAPTION: Motion awarding a construction contract to MAX Underground Construction, LLC, Corpus Christi, Texas, for the Storm Water Infrastructure Indefinite Delivery Indefinite Quantity (IDIQ) program, which includes Bridge Rehabilitation, Channel Ditch Improvements, and Citywide Storm Water Infrastructure Rehabilitation/Replacement, in an amount up to $6,000,000.00 for a one-year term with FY 2022 funding available from Storm Water Capital Fund. SUMMARY: This motion approves a construction contract for the Storm Water IDIQ program. The IDIQ provides for the rehabilitation/replacement of manholes, curb inlets, existing culvert bridge infrastructure, and storm water pipes or box culverts by open cut installation methods, bridge railings, markers, crack and spall repairs, concrete/stone riprap, headwall installation/repair, well pointing, cleaning and televised inspection of conduits, channel excavation, channel maintenance, as required Storm Water Pollution Prevention Plan (SWPPP) permit compliance, resultant pavement, curb and gutter, sidewalk and driveway repairs, and temporary traffic control measures. BACKGROUND AND FINDINGS: The IDIQ program will identify, prioritize, and implement specific capital improvement projects in a phased design and construction approach to extend service life, improve drainage, mitigate flooding, and reduce long-term maintenance costs. The IDIQ contract method provides for multiple delivery orders (DO's) that are developed utilizing the contractor's unit bid prices. This allows for a more rapid turnaround on construction delivery. The project scope includes rehabilitation and/or replacement of manholes, curb inlets, existing culvert bridge infrastructure, and storm water pipes or box culverts by open cut installation methods, bridge railings, markers, crack and spall repairs, concrete/stone riprap, headwall installation/repair, well pointing cleaning and televised inspection of conduits, channel excavation, channel maintenance, as required SWPP/permit compliance, resultant pavement, curb and gutter, sidewalk and driveway repairs, and temporary traffic control measures. The current Citywide Stormwater Infrastructure Rehabilitation IDIQ contract is for $1.5M through one base year and two renewals with MAX Underground Construction, LLC. The contract has been renewed administratively for year two. The current FY 2021 and the proposed FY 2022 Capital Improvement Program (CIP) has a construction budget of $6,000,000 for Bridge Rehabilitation, Channel Ditch Improvements, and Citywide Storm Water Infrastructure Rehabilitation. Additional Storm Water System IDIQ contracts are required to meet the project goals. The proposed stormwater IDIQ contract is for an initial one-year term, with the option to renew for two additional one-year periods administratively in an amount up to $6,000,000.00 for a total amount not to exceed $18,000,000.00. However, the City is not going to pursue the renewal options. This is due to the fact that the City relies heavily on a low bid procurement process. Instead, City staff will be elevating our procurement process to a values-based assessment which will include more in-depth interviews, a review of a bidder's performance, and an evaluation of a bidder's ability to complete a project with minimal amendments to its scheduling and timelines. These improvements are expected to be completed in one year and this City service requirement will be evaluated against the new procurement system. PROJECT TIMELINE: 2021 2022 J J A S O N D J F M A M J J A S O Bid/ Construction Award Project schedule reflects City Council award in September 2021 with anticipated construction completion in October 2022. COMPETITVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Bids. On June 28, 2021, the City received bids from three bidders. The City analyzed the bids in accordance with the contract documents and determined MAX Underground Construction, LLC is the lowest responsive and responsible bidder. A summary of the bids is provided below: BID SUMMARY CONTRACTOR BASE BID MAX Underground Construction, LLC $17,614,830.00 Clark Pipeline Services, LLC $22,392,870.22 National Power Rodding Corp. $34,702,017.27 Engineer's Opinion of Probable $18,000,000.00 Construction Cost MAX Underground Construction, LLC is the incumbent for the current IDIQ contract. MAX Underground Construction, LLC has successfully completed numerous projects for the City including Slough Road from Rodd Field to Amethyst Drive, Laguna Shores Road Force Main Replacement, Staples from Alameda to Morgan. ALTERNATIVES: The alternative is not to award the construction contract to the low-bidder, MAX Underground Construction, LLC. This would delay the repairs to the storm water infrastructure. FISCAL IMPACT: The fiscal impact in FY 2022 is an amount of$6,000,000.00 with funding available from the Storm Water Capital Fund. FUNDING DETAIL: The CIP shows these projects have funding available for FY 2021 and are ready to be implemented. Refer to projects E12199 — Bridge Rehabilitation, 21044 — Channel Ditch Improvements, and 18100 Citywide Storm Water Infrastructure Rehabilitation in the FY 2021- 2022 Capital Budget guide. Fund: Storm Water 2022 CIP (Fund 4533) Mission Elem: Storm Water Drainage (043) Project: Channel Ditch Improvements (Project No. 21044) Account: Construction (550910) Activity: 21044-4533-EXP Amount: $500,000.00 Fund: Storm Water 2022 CIP (Fund 4533) Mission Elem: Storm Water Drainage (043) Project: Bridge Rehabilitation FY21-23 (Project No. 21105) Account: Construction (550910) Activity: 21105-4533-EXP Amount: $500,000.00 Fund: Storm Water 2022 CIP (Fund 4533) Mission Elem: Storm Water Drainage (043) Project: Citywide Storm Water Infrastructure Rehabilitation FY21-23 (Project No. 21107) Account: Construction (550910) Activity: 21107-4533-EXP Amount: $5,000,000.00 RECOMMENDATION: Staff recommends awarding the construction contract for the Storm Water Infrastructure IDIQ to MAX Underground Construction, LLC, in the amount of$6,000,000 for a one-year contract.. The services are planned to start in October 2021 with completion in October 2022. LIST OF SUPPORTING DOCUMENTS: Location Map Bid Tabs; CIP Pages N SCALE: N.T.S. D CITYWIDE PROJECT �o m NUECES BAY 0 AN^ BG' CORPUS CNR6B .q i rnvwo s � WMIIS plRHll M CORPUS CHRISTI Brtt � OSO BAY nax4i Nn sinnon FLOUR FF xe LAGUNA RAORE GULF OF YE)OCO Project Numbers: LOCATION MAP 21044, 21105, 21107 NOT TO SCALE STORM WATER CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXAS INFRASTRUCTURE IDIQ DEPARTMENT OF ENGINEERING SERVICES SCALE: N.T.S. CITYWIDE PROJECT 4 M V4i v. t'n i r + I n Project Numbers: " vUNITY MAP 9lnAA 21105, 21107 ... NOT TO SCALE STORM WATER CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXAS VONI INFRASTRUCTURE I DIQ DEPARTMENT OF ENGINEERING SERVICES TABULATION OF BIDS CITY OF CORPUS CHRISTI,TEXAS-CONTRACTS AND PROCUREMENT BID DATE:Thursday,July 29,2021 STORM WATER INFRASTRUCTURE MICE FY21-23 MAX UNDERGROUND CONSTRUCTION CLARK PIPELINE SERVICES NATIONAL POWER ROADDING CORP. PROJECT NO.21044,21105,21107 3729 CORINA LN. 6229 LEOPARD ST. 2500 W.ARTHINGTON ST. FEB lJ 3703 CORPUS CHRISTI,TEXAS 78427 CORPUS CHRISTI,TX 78409 CHICAGO,IL 60612 ITEM DESCRIPTION I UNITI QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT BASE BID PART A-GENERAL(ITEMSAS THRU AS) Al MOBILIZATION(MAX.S%OF PROJECTTOTAL) LS 1 $ 815,000.00 $ 815,000.00 $ 405,000.00 $ 405,000.00 $ 1,592,084.88 $ 1,592,084.88 A2 BONDSAND INSURANCE AL 1 $ 55,000.00 $ 55,000.00 $ 89,250.00 $ 89,250.00 $ 60,000.00 $ 60,000.00 A3 STORM WATER POLLUTION PREVENTION PLAN(SMALL CONSTRUCTION SITE(1-5 ACRES)) EA 5 $ 500.00 $ 2,500.00 $ 22,015.00 $ 110,075.00 $ 10,000.00 $ 50,000.00 A4 STORMWATER POLLUTION PREVENTION PLAN(LARGE CONSTRUCTION SITE X25 ACRES) EA 5 $ 950.00 $ 4,750.00 $ 32,725.00 $ 163,625.00 $ 15,000.00 $ 75,000.00 AS OZONEADVISORYDAYS DAYS 5 $ 1.00 $ 5.00 $ 178.50 $ 892.50 $ 5,000.00 $ 25,000.00 SUBTOTAL PART A-GENERAL $ 877,255.00 $ 768,842.50 $ 1,802,084.88 PART B-DEMOLITION(ITEMS BS THRU B66) Bl REMOVE EXISTING CURB INLET EA 10 $ 1,825.00 $ 18,250.00 $ 1,071.00 $ 10,710.00 $ 1,877.86 $ 18,778.60 B2 REMOVE EXISTING GRATE INLET EA 10 $ 1,250.00 $ 12,500.00 $ 1,071.00 $ 10,710.00 $ 1,877.86 $ 18,778.60 B3 REMOVE EXISTING POST INLET EA 10 $ 1,450.00 $ 14,500.00 $ 1,071.00 $ 10,710.00 $ 1,877.86 $ 18,778.60 B4 REMOVE EXISTING FLUME LF 100 $ 25.00 $ 2,500.00 $ 47.60 $ 4,760.00 $ 50.62 $ 5,062.00 B5 REMOVE EXISTING STORM MANHOLE EA 10 $ 1,850.00 $ 18,500.00 $ 1,487.50 $ 14,875.00 $ 2,321.54 $ 23,215.40 B6 REMOVE EXISTING JUNCTION BOX EA 10 $ 2,000.00 $ 20,000.00 $ 1,785.00 $ 17,850.00 $ 5,360.21 $ 53,602.10 B7 REMOVE EXISTING S.E.T. EA 10 $ 1,200.00 $ 12,000.00 $ 476.00 $ 4,760.00 $ 1,399.80 $ 13,998.00 B8 REMOVE EXISTING HEADWALL/WINGWALL(HW=3') LF 100 $ 12.00 $ 1,200.00 $ 35.70 $ 3,570.00 $ 230.26 $ 23,026.00 B9 IREMOVE EXISTING HEADWALL/WINGWALL(HW=4') LF 100 $ 15.00 $ 1,500.00 $ 37.58 $ 3,758.00 $ 230.26 $ 23,026.00 B10 REMOVE EXISTING HEADWALL/WINGWALL(HW=S') LF 100 $ 20.00 $ 2,000.00 $ 39.67 $ 3,967.00 $ 246.82 $ 24,682.00 Bll REMOVE EXISTING HEADWALL/WINGWALL(HW=6') LF 100 $ 25.00 $ 2,500.00 $ 42.00 $ 4,200.00 $ 345.32 $ 34,532.00 B12 REMOVE EXISTING HEADWALL/WINGWALL(HW=7') LF 100 $ 30.00 $ 3,000.00 $ 44.63 $ 4,463.00 $ 345.32 $ 34,532.00 B13 REMOVE EXISTING HEADWALL/WINGWALL(HW=B') LF 100 $ 35.00 $ 3,500.00 $ 47.60 $ 4,760.00 $ 418.17 $ 41,817.00 B14 REMOVE EXISTING HEADWALL/WINGWALL(HW=9') LF 100 $ 40.00 $ 4,000.00 $ 51.00 $ 5,100.00 $ 422.03 $ 42,203.00 B15 REMOVE EXISTING HEADWALL/WINGWALL(HW=10') LF 100 $ 48.00 $ 4,800.00 $ 54.92 $ 5,492.00 $ 422.03 $ 42,203.00 B16 REMOVE EXISTING HEADWALL/WINGWALL(HW=11') LF 100 $ 52.00 $ 5,200.00 $ 59.50 $ 5,950.00 $ 422.03 $ 42,203.00 B17 REMOVE EXISTING HEADWALL/WINGWALL(HW=12') LF 100 $ 55.00 $ 5,500.00 $ 64.91 $ 6,491.00 $ 422.03 $ 42,203.00 B18 IREMOVE EXISTING HEADWALL/WINGWALL(HW=13') LF 100 $ 60.00 $ 6,000.00 $ 71.40 $ 7,140.00 $ 494.88 $ 49,488.00 B19 REMOVE EXISTING HEADWALL/WINGWALL(HW=14') LF 100 $ 65.00 $ 6,500.00 $ 79.33 $ 7,933.00 $ 494.88 $ 49,488.00 B20 REMOVE EXISTING HEADWALL/WINGWALL(HW=15') LF 100 $ 75.00 $ 7,500.00 $ 89.25 $ 8,925.00 $ 494.88 $ 49,488.00 B21 REMOVE EXISTING HEADWALL/WINGWALL(HW=16') LF 100 $ 85.00 $ 8,500.00 $ 102.00 $ 10,200.00 $ 604.15 $ 60,415.00 B22 REMOVE EXISTING RETAINING WALL LF 100 $ 20.00 $ 2,000.00 $ 76.28 $ 7,628.00 $ 175.40 $ 17,540.00 B23 REMOVE METAL BEAM GUARD FENCE LF 500 $ 6.00 $ 3,000.00 $ 5.95 $ 2,975.00 $ 15.13 $ 7,565.00 B24 REMOVE DELINEATOR SIGN AND POST EA 100 $ 17.50 $ 1,750.00 $ 17.85 $ 1,785.00 $ 6.05 $ 605.00 B25 REMOVE PEDESTRIAN RAILING LF 500 $ 6.00 $ 3,000.00 $ 5.95 $ 2,975.00 $ 4.68 $ 2,340.00 Page 1 of 9 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT B26 REMOVE CHAINLINK RAILING LF 300 $ 20.00 $ 6,000.00 $ 49.58 $ 14,874.00 $ 4.68 $ 1,404.00 B27 REMOVE CONCRETE RAILING FOUNDATION PIER EA 25 $ 350.00 $ 8,750.00 $ 2,082.50 $ 52,062.50 $ 467.64 $ 11,691.00 B28 REMOVE EXISTING CURB AND GUTTER LF 1000 $ 10.00 $ 10,000.00 $ 23.80 $ 23,800.00 $ 5.14 $ 5,140.00 B29 SAWCUT EXISTING ASPHALT/CONCRETE(0"-6") LF 2500 $ 8.00 $ 20,000.00 $ 7.14 $ 17,850.00 $ 4.40 $ 11,000.00 B30 SAWCUT EXISTING ASPHALT/CONCRETE(7"-12") LF 2500 $ 16.00 $ 40,000.00 $ 14.28 $ 35,700.00 $ 7.43 $ 18,575.00 B31 SAWCUT EXISTING ASPHALT/CONCRETE(>12") LF 2500 $ 24.00 $ 60,000.00 $ 16.66 $ 41,650.00 $ 10.45 $ 26,125.00 B32 REMOVE EXISTING ASPHALT PAVEMENT SY 2500 $ 10.00 $ 25,000.00 $ 5.41 $ 13,525.00 $ 9.52 $ 23,800.00 B33 IREMOVE EXISTING CONCRETE PAVEMENT SY 2500 $ 35.00 $ 87,500.00 $ 11.90 $ 29,750.00 $ 14.13 $ 35,325.00 B34 REMOVE EXISTING ASPHALT DRIVEWAY SF 5000 $ 3.00 $ 15,000.00 $ 2.48 $ 12,400.00 $ 1.28 $ 6,400.00 B35 REMOVE EXISTING CONCRETE DRIVEWAY SF 5000 $ 6.00 $ 30,000.00 $ 2.98 $ 14,900.00 $ 2.58 $ 12,900.00 B36 REMOVE EXISTING SIDEWALK SF 5000 $ 8.00 $ 40,000.00 $ 2.70 $ 13,500.00 $ 2.58 $ 12,900.00 B37 REMOVE EXISTING SIDEWALK RAMP SF 2500 $ 10.00 $ 25,000.00 $ 3.97 $ 9,925.00 $ 2.58 $ 6,450.00 B38 REMOVE EXISTING CONCRETE RIPRAP SY 1000 $ 35.00 $ 35,000.00 $ 9.92 $ 9,920.00 $ 4.47 $ 4,470.00 B39 REMOVE EXISTING CONCRETE CHANNEL LINING SY 1000 $ 35.00 $ 35,000.00 $ 14.88 $ 14,880.00 $ 4.50 $ 4,500.00 B40 PLUG EXISTING 6"-18"PIPE EA 5 $ 1,250.00 $ 6,250.00 $ 1,388.33 $ 6,941.65 $ 302.59 $ 1,512.95 B41 PLUG EXISTING 24"-36"PIPE EA 5 $ 1,450.00 $ 7,250.00 $ 1,983.33 $ 9,916.65 $ 453.88 $ 2,269.40 B42 1GROUTFILLANDABAN DON 6"-18"PIPE LF 1 200 $ 40.00 $ 8,000.00 $ 30.94 $ 6,188.00 $ 52.19 $ 10,438.00 B43 GROUTFILLANDABAN DON 24"-36"PIPE LF 200 $ 60.00 $ 12,000.00 $ 48.79 $ 9,758.00 $ 85.19 $ 17,038.00 B44 REMOVE EXISTING 6"-18"CMP/HDPE LF 50 $ 22.00 $ 1,100.00 $ 33.32 $ 1,666.00 $ 33.63 $ 1,681.50 B45 REMOVE EXISTING 24"-36"CMP/HDPE LF 50 $ 29.00 $ 1,450.00 $ 36.22 $ 1,811.00 $ 38.44 $ 1,922.00 B46 REMOVE EXISTING 42"-54"CMP/HDPE LF 50 $ 45.00 $ 2,250.00 $ 55.53 $ 2,776.50 $ 52.49 $ 2,624.50 B47 REMOVE EXISTING 60+"CMP/HDPE LF 50 $ 59.00 $ 2,950.00 $ 83.30 $ 4,165.00 $ 86.15 $ 4,307.50 B48 REMOVE EXISTING 6"-18"RCP LF 1000 $ 22.00 $ 22,000.00 $ 33.32 $ 33,320.00 $ 39.11 $ 39,110.00 B49 REMOVE EXISTING 24"-36"RCP LF 500 $ 40.00 $ 20,000.00 $ 36.22 $ 18,110.00 $ 98.95 $ 49,475.00 B50 REMOVE EXISTING 42"-54"RCP LF 100 $ 48.00 $ 4,800.00 $ 63.47 $ 6,347.00 $ 149.95 $ 14,995.00 B51 IREMOVE EXISTING 60+"RCP LF 100 $ 75.00 $ 7,500.00 $ 95.20 $ 9,520.00 $ 168.67 $ 16,867.00 B52 REMOVE EXISTING BOX CULVERT(0-10SF EFFECTIVE OPENING) LF 500 $ 60.00 $ 30,000.00 $ 95.20 $ 47,600.00 $ 153.32 $ 76,660.00 B53 REMOVE EXISTING BOX CULVERT(11-20 SF EFFECTIVE OPENING) LF 500 $ 100.00 $ 50,000.00 $ 105.78 $ 52,890.00 $ 162.10 $ 81,050.00 B54 REMOVE EXISTING BOX CULVERT(21-30 SF EFFECTIVE OPENING) LF 250 $ 125.00 $ 31,250.00 $ 119.00 $ 29,750.00 $ 199.51 $ 49,877.50 B55 REMOVE EXISTING BOX CULVERT(31-40 SF EFFECTIVE OPENING) LF 100 $ 150.00 $ 15,000.00 $ 136.00 $ 13,600.00 $ 217.88 $ 21,788.00 B56 REMOVE EXISTING BOX CULVERT(41-50 SF EFFECTIVE OPENING) LF 50 $ 175.00 $ 8,750.00 $ 158.67 $ 7,933.50 $ 230.71 $ 11,535.50 B57 REMOVE EXISTING BOX CULVERT(51-60 SF EFFECTIVE OPENING) LF 50 $ 185.00 $ 9,250.00 $ 190.40 $ 9,520.00 $ 243.34 $ 12,167.00 B58 REMOVE EXISTING BOX CULVERT(61-70 SF EFFECTIVE OPENING) LF 50 $ 200.00 $ 10,000.00 $ 297.50 $ 14,875.00 $ 253.89 $ 12,694.50 B59 REMOVE EXISTING BOX CULVERT(71-80 SF EFFECTIVE OPENING) LF 50 $ 215.00 $ 10,750.00 $ 333.20 $ 16,660.00 $ 261.21 $ 13,060.50 B60 IREMOVE EXISTING BOX CULVERT(81-90 SF EFFECTIVE OPENING) LF 50 $ 225.00 $ 11,250.00 $ 416.50 $ 20,825.00 $ 273.55 $ 13,677.50 B61 REMOVE EXISTING BOX CULVERT(91-100 SF EFFECTIVE OPENING) LF 50 $ 245.00 $ 12,250.00 $ 476.00 $ 23,800.00 $ 297.79 $ 14,889.50 B62 REMOVE EXISTING BOX CULVERT(101-110 SF EFFECTIVE OPENING) LF 50 $ 255.00 $ 12,750.00 $ 535.50 $ 26,775.00 $ 333.27 $ 16,663.50 B63 REMOVE EXISTING BOX CULVERT(111-120 SF EFFECTIVE OPENING) LF 50 $ 265.00 $ 13,250.00 $ 595.00 $ 29,750.00 $ 333.27 $ 16,663.50 B64 REMOVE EXISTING BOX CULVERT(121-130 SF EFFECTIVE OPENING) LF 50 $ 275.00 $ 13,750.00 $ 669.38 $ 33,469.00 $ 347.94 $ 17,397.00 B65 REMOVE EXISTING BOX CULVERT(131-140 SF EFFECTIVE OPENING) LF 50 $ 285.00 $ 14,250.00 $ 714.00 $ 35,700.00 $ 347.94 $ 17,397.00 B66 REMOVE EXISTING BOX CULVERT(141-150 SF EFFECTIVE OPENING) LF 50, 0 $ 300.00 $ 15,000.00 $ 892.50 1$ 44,625.00,1$ 347.94 $ 17,397.00 SUBTOTALPARTB-DEMOLITION $ 960,000.00 $ 994,715.80 $ 1,475p08.15 Page 2 of 9 ITEM DESCRIPTION UNIT CITY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT PART C-STORM CULVERTS(ITEMS Cl TH RU C81) Cl CIPP LINING OF EXISTING 18"-30"PIPE LF 150 $ 525.00 $ 78,750.00 $ 952.00 $ 142,800.00 $ 540.00 $ 81,000.00 C2 CIPP LINING OF EXISTING 36"-42"PIPE LF 100 $ 750.00 $ 75,000.00 $ 1,309.00 $ 130,900.00 $ 630.00 $ 63,000.00 C3 CIPP LINING OF EXISTING 48"-60"PIPE LF 50 $ 1,100.00 $ 55,000.00 $ 1,785.00 $ 89,250.00 $ 900.00 $ 45,000.00 C4 STORM SEAL OF EXISTING 18"-30"PIPE LF 150 $ 350.00 $ 52,500.00 $ 604.52 $ 90,678.00 $ 400.00 $ 60,000.00 C5 STORM SEAL OF EXISTING 36"-42"PIPE LF 100 $ 400.00 $ 40,000.00 $ 700.91 $ 70,091.00 $ 500.00 $ 50,000.00 C6 STORM SEAL OF EXISTING 48"-60"PIPE LF 50 $ 450.00 $ 22,500.00 $ 821.10 $ 41,055.00 $ 750.00 $ 37,500.00 C7 18"-24"HP PIPE LF 100 $ 75.00 $ 7,500.00 $ 126.40 $ 12,640.00 $ 194.13 $ 19,413.00 C8 30"-36"HP PIPE LF 100 $ 140.00 $ 14,000.00 $ 211.67 $ 21,167.00 $ 214.26 $ 21,426.00 C9 18"-24"CLASS III RCP LF 5000 $ 90.00 $ 450,000.00 $ 129.79 $ 648,950.00 $ 213.34 $ 1,066,700.00 C10 30"-36"CLASS III RCP LF 2000 $ 150.00 $ 300,000.00 $ 210.47 $ 420,940.00 $ 296.75 $ 593,500.00 Cil 42"-48"CLASS III RCP LF 100 $ 200.00 $ 20,000.00 $ 298.61 $ 29,861.00 $ 405.52 $ 40,552.00 C12 54"-60"CLASS III RCP LF 100 $ 300.00 $ 30,000.00 $ 433.53 $ 43,353.00 $ 627.22 $ 62,722.00 C13 REINFORCED CONCRETE ARCH PIPE CLASS III(DESIGN 1)(18"EQUIVALENT DIAMETER) LF 500 $ 165.00 $ 82,500.00 $ 197.62 $ 98,810.00 $ 263.26 $ 131,630.00 C14 REINFORCED CONCRETE ARCH PIPE CLASS III(DESIGN 3)(24"EQUIVALENT DIAMETER) LF 250 $ 185.00 $ 46,250.00 $ 214.04 $ 53,510.00 $ 295.45 $ 73,862.50 C15 REINFORCED CONCRETE ARCH PIPE CLASS III(DESIGN 4)(30"EQUIVALENT DIAMETER) LF 100 $ 215.00 $ 21,500.00 $ 286.16 $ 28,616.00 $ 375.76 $ 37,576.00 C16 REINFORCED CONCRETE ARCH PIPE CLASS III(DESIGN 5)(36"EQUIVALENT DIAMETER) LF 100 $ 285.00 $ 28,500.00 $ 341.13 $ 34,113.00 $ 393.45 $ 39,345.00 C17 18"-24"CLASS IV RCP LF 2500 $ 100.00 $ 250,000.00 $ 139.79 $ 349,475.00 $ 229.76 $ 574,400.00 cis 30"-36"CLASS IV RCP LF 1000 $ 165.00 $ 165,000.00 $ 251.01 $ 251,010.00 $ 334.36 $ 334,360.00 C19 42"-48"CLASS IV RCP LF 50 $ 300.00 $ 15,000.00 $ 376.44 $ 18,822.00 $ 505.36 $ 25,268.00 C20 54"-60"CLASS IV RCP LF 50 $ 350.00 $ 17,500.00 $ 577.04 $ 28,852.00 $ 752.22 $ 37,611.00 C21 REINFORCED CONCRETE ARCH PIPE CLASS IV(DESIGN 1)(18"EQUIVALENT DIAMETER) LF 300 $ 185.00 $ 55,500.00 $ 219.04 $ 65,712.00 $ 281.42 $ 84,426.00 C22 REINFORCED CONCRETE ARCH PIPE CLASS IV(DESIGN 3)(24"EQUIVALENT DIAMETER) LF 200 $ 200.00 $ 40,000.00 $ 238.32 $ 47,664.00 $ 303.70 $ 60,740.00 C23 REINFORCED CONCRETE ARCH PIPE CLASS IV(DESIGN 4)(30"EQUIVALENT DIAMETER) LF 100 $ 225.00 $ 22,500.00 $ 316.86 $ 31,686.00 $ 393.65 $ 39,365.00 C24 REINFORCED CONCRETE ARCH PIPE CLASS IV(DESIGN 5)(36"EQUIVALENT DIAMETER) LF 100 $ 285.00 $ 28,500.00 $ 383.26 $ 38,326.00 $ 472.42 $ 47,242.00 C25 PRECAST REINFORCED CONCRETE BOX CULVERT(0-10 SF EFFECTIVE OPENING) LF 500 $ 330.00 $ 165,000.00 $ 503.14 $ 251,570.00 $ 487.08 $ 243,540.00 C26 PRECAST REINFORCED CONCRETE BOX CULVERT(11-20 SF EFFECTIVE OPENING) LF 500 $ 370.00 $ 185,000.00 $ 658.37 $ 329,185.00 $ 601.83 $ 300,915.00 C27 1PRECAST REINFORCED CONCRETE BOX CULVERT(21-30 SF EFFECTIVE OPENING) LF 500 $ 475.00 $ 237,500.00 $ 1,059.02 $ 529,510.00 $ 782.86 $ 391,430.00 C28 PRECAST REINFORCED CONCRETE BOX CULVERT(31-40 SF EFFECTIVE OPENING) LF 500 $ 625.00 $ 312,500.00 $ 1,240.28 $ 620,140.00 $ 1,035.70 $ 517,850.00 C29 PRECAST REINFORCED CONCRETE BOX CULVERT(41-50 SF EFFECTIVE OPENING) LF 500 $ 675.00 $ 337,500.00 $ 1,615.13 $ 807,565.00 $ 1,317.35 $ 658,675.00 C30 PRECAST REINFORCED CONCRETE BOX CULVERT(51-60 SF EFFECTIVE OPENING) LF 250 $ 715.00 $ 178,750.00 $ 1,757.63 $ 439,407.50 $ 1,434.64 $ 358,660.00 C31 PRECAST REINFORCED CONCRETE BOX CULVERT(61-70 SF EFFECTIVE OPENING) LF 250 $ 850.00 $ 212,500.00 $ 1,793.33 $ 448,332.50 $ 1,641.23 $ 410,307.50 C32 PRECAST REINFORCED CONCRETE BOX CULVERT(71-80 SF EFFECTIVE OPENING) LF 250 $ 900.00 $ 225,000.00 $ 1,894.58 $ 473,645.00 $ 1,662.57 $ 415,642.50 C33 PRECAST REINFORCED CONCRETE BOX CULVERT(81-90 SF EFFECTIVE OPENING) LF 250 $ 955.00 $ 238,750.00 $ 2,020.62 $ 505,155.00 $ 1,870.12 $ 467,530.00 C34 PRECAST REINFORCED CONCRETE BOX CULVERT(91-100SF EFFECTIVE OPENING) LF 250 $ 1,005.00 $ 251,250.00 $ 2,136.94 $ 534,235.00 $ 2,199.16 $ 549,790.00 C35 PRECAST REINFORCED CONCRETE BOX CULVERT(101-110 SF EFFECTIVE OPENING) LF 100 $ 1,150.00 $ 115,000.00 $ 2,305.33 $ 230,533.00 $ 2,494.04 $ 249,404.00 C36 PRECAST REINF ORCED CONCRETE BOX CULVERT(111-120 SF EFFECTIVE OPENING) LF 100 $ 1,350.00 $ 135,000.00 $ 2,424.63 $ 242,463.00 $ 2,535.98 $ 253,598.00 C37 PRECAST REIN F ORCED CONCRETE BOX CULVERT(121-130 SF EFFECTIVE OPENING) LF 100 $ 1,475.00 $ 147,500.00 $ 2,484.13 $ 248,413.00 $ 2,874.72 $ 287,472.00 C38 PRECAST REIN F ORCED CONCRETE BOX CULVERT(131-140 SF EFFECTIVE OPENING) LF 100 $ 1,650.00 $ 165,000.00 $ 2,609.37 $ 260,937.00 $ 2,971.69 $ 297,169.00 C39 PRECASTREINF ORCED CONCRETE BOX CULVERT(141-150 SF EFFECTIVE OPENING) LF 100 $ 1,850.00 $ 185,000.00 $ 2,787.11 $ 278,711.00 $ 3,641.68 $ 364,168.00 C40 CAST-IN-PLACE REIN FORCED CONCRETE BOX CULVERT(0-10 SF EFFECTIVE OPENING) LF 100 $ 360A0 $ 36,000.00 $ 687.23 $ 68,723.001$ 1,281.09 $ 128,109.00 C41 CAST-IN-PLACE REINFORCED CONCRETE BOX CULVERT(11-20 SF EFFECTIVE OPENING) LF 100 $ 400.00 1$ 40,000.00 1$ 900.43 1$ 90,043.00 1$ 1,690.83 1$ 169,083.00 Page 3 of 9 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT C42 CAST-IN-PLACE REIN FORCED CONCRETE BOX CULVERT(21-30 SF EFFECTIVE OPENING) LF 100 $ 525.00 $ 52,500.00 $ 1,445.85 $ 144,585.00 $ 1,800.39 $ 180,039.00 C43 CAST-IN-PLACE REINFORCED CONCRETE BOX CULVERT(31-40SF EFFECTIVE OPENING) LF 100 $ 650.00 $ 65,000.00 $ 1,710.63 $ 171,063.00 $ 2,082.64 $ 208,264.00 C44 CAST-IN-PLACE REINFORCED CONCRETE BOX CULVERT(41-50SF EFFECTIVE OPENING) LF 100 $ 725.00 $ 72,500.00 $ 2,213.40 $ 221,340.00 $ 2,395.62 $ 239,562.00 C45 CAST-IN-PLACE REINFORCED CONCRETE BOX CULVERT(51-60SF EFFECTIVE OPENING) LF 50 $ 750.00 $ 37,500.00 $ 2,380.00 $ 119,000.00 $ 2,479.24 $ 123,962.00 C46 CAST-IN-PLACE REINFORCED CONCRETE BOX CULVERT(61-70SF EFFECTIVE OPENING) LF 50 $ 800.00 $ 40,000.00 $ 2,499.00 $ 124,950.00 $ 2,667.10 $ 133,355.00 C47 CAST-IN-PLACE REINFORCED CONCRETE BOX CULVERT(71-80SF EFFECTIVE OPENING) LF 50 $ 925.00 $ 46,250.00 $ 2,634.53 $ 131,726.50 $ 2,999.03 $ 149,951.50 C48 CAST-IN-PLACE REINFORCED CONCRETE BOX CULVERT(81-90SF EFFECTIVE OPENING) LF 50 $ 1,000.00 $ 50,000.00 $ 2,841.13 $ 142,056.50 $ 3,433.26 $ 171,663.00 C49 CAST-IN-PLACE REINFORCED CONCRETE BOX CULVERT(91-100 SF EFFECTIVE OPENING) LF 50 $ 1,100.00 $ 55,000.00 $ 2,945.25 $ 147,262.50 $ 3,852.79 $ 192,639.50 C50 1HYDRO EXCAVATETRENCH LF 100 $ 20.00 $ 2,000.00 $ 267.75 $ 26,775.00 $ 75.00 $ 7,500.00 C51 TRENCH SAFETY FOR PIPE/BOX(4'-6') LF 5000 $ 30.00 $ 150,000.00 $ 4.76 $ 23,800.00 $ 4.27 $ 21,350.00 C52 TRENCH SAFETY FOR PIPE/BOX(6'4) LF 2500 $ 50.00 $ 125,000.00 $ 7.14 $ 17,850.00 $ 4.27 $ 10,675.00 C53 TRENCH SAFETY FOR PIPE/BOX(8'-10') LF 2500 $ 55.00 $ 137,500.00 $ 9.52 $ 23,800.00 $ 6.46 $ 16,150.00 C54 TRENCH SAFETY FOR PIPE/BOX(10'-12') LF 1000 $ 115.00 $ 115,000.00 $ 11.90 $ 11,900.00 $ 7.15 $ 7,150.00 C55 TRENCH SAFETY FOR PIPE/BOX(12'-14') LF 1000 $ 150.00 $ 150,000.00 $ 14.28 $ 14,280.00 $ 9.21 $ 9,210.00 C56 TRENCH SAFETY FOR PIPE/BOX(14'-16') LF 500 $ 185.00 $ 92,500.00 $ 16.66 $ 8,330.00 $ 13.34 $ 6,670.00 C57 TRENCH SAFETY FOR PIPE/BOX(16'-18') LF 500 $ 200.00 $ 100,000.00 $ 19.04 $ 9,520.00 $ 18.43 $ 9,215.00 C58 TRENCH SAFETY FOR PIPE/BOX(18'-20') LF 500 $ 295.00 $ 147,500.00 $ 21.42 $ 10,710.00 $ 27.65 $ 13,825.00 C59 ICCTV INSPECTION OF EXISTING PIPE/BOX LF 5000 $ 8.00 $ 40,000.00 $ 29.75 $ 148,750.00 $ 5.00 $ 25,000.00 C60 MANNED INSPECTION OF EXISTING PIPE/BOX LF 1000 $ 12.00 $ 12,000.00 $ 23.80 $ 23,800.00 $ 10.00 $ 10,000.00 C61 CLEAN OUT EXISTING CURB INLET EA 10 $ 750.00 $ 7,500.00 $ 833.00 $ 8,330.00 $ 500.00 $ 5,000.00 C62 CLEAN OUT EXISTING STORM MANHOLE EA 5 $ 550.00 $ 2,750.00 $ 1,388.33 $ 6,941.65 $ 650.00 $ 3,250.00 C63 CLEAN OUT EXISTING PIPE(6"-18") LF 2500 $ 10.00 $ 25,000.00 $ 41.65 $ 104,125.00 $ 5.00 $ 12,500.00 C64 CLEAN OUT EXISTING PIPE(24"-36") LF 1500 $ 17.50 $ 26,250.00 $ 46.28 $ 69,420.00 $ 12.50 $ 18,750.00 C65 CLEAN OUT EXISTING PIPE(42"-54") LF 500 $ 20.00 $ 10,000.00 $ 138.83 $ 69,415.00 $ 20.00 $ 10,000.00 C66 CLEAN OUT EXISTING PIPE(60'4) LF 250 $ 30.00 $ 7,500.00 $ 166.60 $ 41,650.00 $ 40.00 $ 10,000.00 C67 CLEAN OUT EXISTING BOX CULVERT(2'SPAN) LF 500 $ 30.00 $ 15,000.00 $ 83.30 $ 41,650.00 $ 10.00 $ 5,000.00 C68 ICLEAN OUT EXISTING BOXCULVERT(3'SPAN) LF 250 $ 35.00 $ 8,750.00 $ 92.56 $ 23,140.00 $ 15.00 $ 3,750.00 C69 CLEAN OUT EXISTING BOX CULVERT(4'SPAN) LF 100 $ 40.00 $ 4,000.00 $ 104.13 $ 10,413.00 $ 20.00 $ 2,000.00 C70 CLEAN OUT EXISTING BOX CULVERT(5'SPAN) LF 100 $ 45.00 $ 4,500.00 $ 119.00 $ 11,900.00 $ 30.00 $ 3,000.00 C71 CLEAN OUT EXISTING BOX CULVERT(6'SPAN) LF 100 $ 50.00 $ 5,000.00 $ 138.83 $ 13,883.00 $ 40.00 $ 4,000.00 C72 CLEAN OUT EXISTING BOX CULVERT(7'SPAN) LF 50 $ 60.00 $ 3,000.00 $ 166.60 $ 8,330.00 $ 50.00 $ 2,500.00 C73 CLEAN OUT EXISTING BOX CULVERT(8'SPAN) LF 50 $ 65.00 $ 3,250.00 $ 208.25 $ 10,412.50 $ 60.00 $ 3,000.00 C74 CLEAN OUT EXISTING BOX CULVERT(9'SPAN) LF 50 $ 85.00 $ 4,250.00 $ 277.67 $ 13,883.50 $ 70.00 $ 3,500.00 C75 CLEAN OUT EXISTING BOX CULVERT(10'SPAN) LF 50 $ 95.00 $ 4,750.00 $ 416.50 $ 20,825.00 $ 80.00 $ 4,000.00 C76 CLEAN OUT EXISTING BOX CULVERT(11'SPAN) LF 50 $ 115.00 $ 5,750.00 $ 520.63 $ 26,031.50 $ 90.00 $ 4,500.00 MDISPOSALOF EXISTING BOX CULVERT(12'SPAN) LF 50 $ 125.00 $ 6,250.00 $ 694.17 $ 34,708.50 $ 100.00 $ 5,000.00 TING LF 5000 $ 60.00 $ 300,000.00 $ 77.35 $ 386,750.00 $ 75.00 $ 375,000.00 TING(ON PADRE/MUSTANG ISLAND/FLOUR BLUFF) LF 2500 $ 65.00 $ 162,500.00 $ 101.15 $ 252,875.00 $ 95.00 $ 237,500.00 ABILIZED SAND CY 250 $ 55.00 $ 13,750.00 $ 208.25 $ 52,062.50 $ 112.09 $ 28,022.50 OF CONTAMINATED GROUNDWATER ALLOWANCE AL 1 $ 7,500.00 $ 7,500.00 $ 7,500.00 $ 7,500.00 $ 7,500.00 $ 7,500.00 SUBTOTAL PARTC-STORM CULVERTS $ 7,202,750.00 $ 11,882,593.65 $ 11,973,935.00 Page 4 of 9 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT PART D-STORM STRUCTU RU ES(ITEMS DS THRU D71) Dl 5'CURB INLET EA 5 $ 5,250.00 $ 26,250.00 $ 5,117.00 $ 25,585.00 $ 5,792.29 $ 28,961.45 D2 5'CURB INLET(TYPE 2) EA 1 $ 5,750.00 $ 5,750.00 $ 5,117.00 $ 5,117.00 $ 8,581.60 $ 8,581.60 D3 5'CURB INLET(TYPE 3) EA 1 $ 5,500.00 $ 5,500.00 $ 5,117.00 $ 5,117.00 $ 9,957.00 $ 9,957.00 D4 5'CURB INLET(TYPE 4) EA 1 $ 5,500.00 $ 5,500.00 $ 5,117.00 $ 5,117.00 $ 9,819.46 $ 9,819.46 D5 5'CURB INLETTHROAT EXTENSION EA 5 $ 2,500.00 $ 12,500.00 $ 2,458.54 $ 12,292.70 $ 4,313.26 $ 21,566.30 D6 CITY STANDARD GRATE INLET EA 5 $ 4,500.00 $ 22,500.00 $ 4,430.77 $ 22,153.85 $ 7,316.23 $ 36,581.15 D7 3'X3'GRATE INLET EA 5 $ 3,500.00 $ 17,500.00 $ 4,224.50 $ 21,122.50 $ 6,353.45 $ 31,767.25 D8 4'X4'GRATE INLET EA 5 $ 4,000.00 $ 20,000.00 $ 5,533.50 $ 27,667.50 $ 7,591.31 $ 37,956.55 D9 3'X3'POST INLET EA 5 $ 3,300.00 $ 16,500.00 $ 3,689.00 $ 18,445.00 $ 5,528.21 $ 27,641.05 D10 4'X4'POST INLET EA 5 $ 3,600.00 $ 18,000.00 $ 4,760.00 $ 23,800.00 $ 6,628.53 $ 33,142.65 Dll 4'DIAMETERTYPE'A'MANHOLE(DEPTH<6') EA 10 $ 3,750.00 $ 37,500.00 $ 5,355.00 $ 53,550.00 $ 5,115.59 $ 51,155.90 D12 5'DIAMETERTYPE'A'MANHOLE(DEPTH<6') EA 5 $ 3,950.00 $ 19,750.00 $ 7,973.00 $ 39,865.00 $ 7,556.93 $ 37,784.65 D13 6'DIAMETERTYPE'A'MANHOLE(DEPTH<6') EA 5 $ 6,150.00 $ 30,750.00 $ 9,639.00 $ 48,195.00 $ 10,213.45 $ 51,067.25 D14 3'X3'MANHOLE RISER EA 5 $ 3,500.00 $ 17,500.00 $ 3,867.50 $ 19,337.50 $ 640.35 $ 3,201.75 D15 4'MANHOLE EXTRA DEPTH(DEPTH>6') VF 20 $ 1,000.00 $ 20,000.00 $ 910.35 $ 18,207.00 $ 594.98 $ 11,899.60 D16 5'MANHOLE EXTRA DEPTH(DEPTH>6') VF 20 $ 1,250.00 $ 25,000.00 $ 999.60 $ 19,992.00 $ 705.01 $ 14,100.20 D17 6'MANHOLE EXTRA DEPTH(DEPTH>6') VF 20 $ 1,500.00 $ 30,000.00 $ 1,076.95 $ 21,539.00 $ 975.88 $ 19,517.60 D18 IJUNCTION BOX WITH 0-10 SF TOP SLAB AREA EA 5 $ 7,500.00 $ 37,500.00 $ 5,271.70 $ 26,358.50 $ 5,106.72 $ 25,533.60 D19 JUNCTION BOX WITH 11-20 SF TOP SLAB AREA EA 5 $ 10,000.00 $ 50,000.00 $ 6,973.40 $ 34,867.00 $ 6,903.61 $ 34,518.05 D20 JUNCTION BOX WITH 21-30 SF TOP SLABAREA EA 5 $ 11,500.00 $ 57,500.00 $ 8,675.10 $ 43,375.50 $ 7,629.55 $ 38,147.75 D21 JUNCTION BOX WITH 31-40 SF TOP SLABAREA EA 2 $ 12,500.00 $ 25,000.00 $ 16,826.60 $ 33,653.20 $ 12,476.53 $ 24,953.06 D22 JUNCTION BOX WITH 41-50 SF TOP SLABAREA EA 2 $ 15,000.00 $ 30,000.00 $ 20,289.50 $ 40,579.00 $ 17,968.50 $ 35,937.00 D23 JUNCTION BOX WITH 51-70 SF TOP SLABAREA EA 2 $ 19,000.00 $ 38,000.00 $ 24,835.30 $ 49,670.60 $ 21,743.69 $ 43,487.38 D24 JUNCTION BOX WITH 71-90 SF TOP SLABAREA EA 2 $ 20,000.00 $ 40,000.00 $ 31,761.10 $ 63,522.20 $ 39,636.28 $ 79,272.56 D25 JUNCTION BOX WITH 91-110 SF TOP SLABAREA EA 1 $ 25,000.00 $ 25,000.00 $ 45,362.80 $ 45,362.80 $ 62,436.56 $ 62,436.56 D26 JUNCTION BOX WITH 111-130 SF TOP SLAB AREA EA 1 $ 28,000.00 $ 28,000.00 $ 52,312.40 $ 52,312.40 $ 77,772.27 $ 77,772.27 D27 IJUNCTION BOX WITH 131-150 SF TOP SLAB AREA EA 1 $ 31,000.00 $ 31,000.00 $ 59,262.00 $ 59,262.00 $ 89,688.18 $ 89,688.18 D28 JUNCTION BOX WITH 151-170 SF TOP SLAB AREA EA 1 $ 33,000.00 $ 33,000.00 $ 66,211.60 $ 66,211.60 $ 105,405.16 $ 105,405.16 D29 JUNCTION BOX WITH 171-200 SF TOP SLAB AREA EA 1 $ 35,000.00 $ 35,000.00 $ 76,041.00 $ 76,041.00 $ 103,904.87 $ 103,904.87 D30 JUNCTION BOX WITH 201-230 SF TOP SLAB AREA EA 1 $ 38,000.00 $ 38,000.00 $ 87,060.40 $ 87,060.40 $ 118,346.57 $ 118,346.57 D31 TRENCH SAFETY FOR MANHOLE/JUNCTION BOX/INLET(4'-6') EA 10 $ 1,000.00 $ 10,000.00 $ 595.00 $ 5,950.00 $ 687.70 $ 6,877.00 D32 TRENCH SAFETY FOR MANHOLE/JUNCTION BOX/INLET(6--g-) EA 5 $ 2,000.00 $ 10,000.00 $ 714.00 $ 3,570.00 $ 1,031.55 $ 5,157.75 D33 TRENCH SAFETY FOR MANHOLE/JUNCTION BOX/INLET(8'-10') EA 2 $ 2,750.00 $ 5,500.00 $ 892.50 $ 1,785.00 $ 1,719.25 $ 3,438.50 D34 TRENCH SAFETY FOR MANHOLE/JUNCTION BOX/INLET(10'-12') EA 2 $ 4,000.00 $ 8,000.00 $ 1,011.50 $ 2,023.00 $ 2,406.95 $ 4,813.90 D35 TRENCH SAFETY FOR MANHOLE/JUNCTION BOX/INLET(12'-14') EA 2 $ 4,500.00 $ 9,000.00 $ 1,130.50 $ 2,261.00 $ 3,438.50 $ 6,877.00 036 TRENCH SAFETY FOR MANHOLE/JUNCTION BOX/INLET(14'-16') EA 2 $ 5,500.00 $ 11,000.00 $ 1,249.50 $ 2,499.00 $ 6,877.00 $ 13,754.00 D37 TRENCH SAFETY FOR MANHOLE/JUNCTION BOX/INLET(16'-18') EA 2 $ 6,500.00 $ 13,000.00 $ 1,487.50 $ 2,975.00 $ 10,315.50 $ 20,631.00 D38 TRENCH SAFETY FOR MANHOLE/JUNCTION BOX/INLET(18'-20') EA 2 $ 8,500.00 $ 17,000.00 $ 1,785.00 $ 3,570.00 $ 13,754.00 $ 27,508.00 D39 REPLACEEXISTING STORM WATER MANHOLE RING AND COVER EA 3 $ 2,500.00 $ 7,500.00 $ 3,272.50 $ 9,817.50 $ 2,656.02 $ 7,968.06 D40 ADJUST EXISTING STORM WATER MANHOLE RING AND COVER EA 3 $ 1,250.00 $ 3,750.00 $ 1,487.50 $ 4,462.50 $ 3,003.21 $ 9,009.63 D41 SAFETY END TREATMENT(TYPE I)(3:1)(0-10 SF EFFECTIVE OPENING) EA 10 $ 1,250.00 1$ 12,500.00 1$ 1,868.30 1$ 18,683.00 $ 16,458.04 $ 164,580.40 Page 5 of 9 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT D42 SAFETY END TREATMENT(TYPE 1)(3:1)(11-20 SF EFFECTIVE OPENING) EA 6 $ 2,500.00 $ 15,000.00 $ 3,272.50 $ 19,635.00 $ 20,065.98 $ 120,395.88 D43 SAFETY END TREATMENT(TYPE 1)(3:1)(21-30 SF EFFECTIVE OPENING) EA 2 $ 5,500.00 $ 11,000.00 $ 13,663.58 $ 27,327.16 $ 26,181.57 $ 52,363.14 D44 SAFETY END TREATMENT(TYPE 1)(6:1)(0-10 SF EFFECTIVE OPENING) EA 10 $ 6,800.00 $ 68,000.00 $ 3,094.00 $ 30,940.00 $ 16,870.66 $ 168,706.60 D45 SAFETY END TREATMENT(TYPE 1)(6:1)(11-20 SF EFFECTIVE OPENING) EA 6 $ 2,650.00 $ 15,900.00 $ 4,462.50 $ 26,775.00 $ 20,065.98 $ 120,395.88 D46 SAFETY END TREATMENT(TYPE 1)(6:1)(21-30 SF EFFECTIVE OPENING) EA 2 $ 5,800.00 $ 11,600.00 $ 18,147.50 $ 36,295.00 $ 26,594.19 $ 53,188.38 D47 SAFETY END TREATMENT(TYPE 11)(3:1)(18"-30") EA 50 $ 2,500.00 $ 125,000.00 $ 2,885.75 $ 144,287.50 $ 6,454.20 $ 322,710.00 D48 SAFETY END TREATMENT(TYPE 11)(3:1)(36"-42") EA 20 $ 5,500.00 $ 110,000.00 $ 5,236.00 $ 104,720.00 $ 10,599.93 $ 211,998.60 D49 SAFETY END TREATMENT(TYPE 11)(3:1)(48"-60") EA 10 $ 6,800.00 $ 68,000.00 $ 15,874.60 $ 158,746.00 $ 26,125.03 $ 261,250.30 D50 ISAFETY END TREATMENT(TYPE 11)(6:1)(18"-30") EA 50 $ 2,650.00 $ 132,500.00 $ 2,469.25 $ 123,462.50 $ 6,454.20 $ 322,710.00 D51 SAFETY END TREATMENT(TYPE 11)(6:1)(36"-42") EA 20 $ 5,800.00 $ 116,000.00 $ 7,080.50 $ 141,610.00 $ 10,599.93 $ 211,998.60 D52 SAFETY END TREATMENT(TYPE 11)(6:1)(48"-60") EA 10 $ 8,500.00 $ 85,000.00 $ 20,527.50 $ 205,275.00 $ 31,964.99 $ 319,649.90 D53 HEADWALL/WINGWALL(HW=3') LF 100 $ 75.00 $ 7,500.00 $ 107.10 $ 10,710.00 $ 1,013.67 $ 101,367.00 D54 HEADWALL/WINGWALL(HW=4') LF 100 $ 85.00 $ 8,500.00 $ 113.45 $ 11,345.00 $ 1,201.28 $ 120,128.00 D55 HEADWALL/WINGWALL(HW=S') LF 100 $ 95.00 $ 9,500.00 $ 119.85 $ 11,985.00 $ 1,569.61 $ 156,961.00 D56 HEADWALL/WINGWALL(HW=6') LF 100 $ 105.00 $ 10,500.00 $ 126.32 $ 12,632.00 $ 1,736.58 $ 173,658.00 D57 HEADWALL/WINGWALL(HW=7') LF 100 $ 120.00 $ 12,000.00 $ 132.88 $ 13,288.00 $ 2,091.16 $ 209,116.00 D58 HEADWALL/WINGWALL(HW=B') LF 100 $ 135.00 $ 13,500.00 $ 139.55 $ 13,955.00 $ 2,340.65 $ 234,065.00 D59 HEADWALL/WINGWALL(HW=9') LF 100 $ 150.00 $ 15,000.00 $ 146.37 $ 14,637.00 $ 2,576.40 $ 257,640.00 D60 HEADWALL/WINGWALL(HW=10') LF 100 $ 180.00 $ 18,000.00 $ 153.38 $ 15,338.00 $ 3,214.86 $ 321,486.00 D61 HEADWALL/WINGWALL(HW=11') LF 100 $ 200.00 $ 20,000.00 $ 163.63 $ 16,363.00 $ 3,638.21 $ 363,821.00 D62 HEADWALL/WINGWALL(HW=12') LF 100 $ 210.00 $ 21,000.00 $ 171.70 $ 17,170.00 $ 4,150.96 $ 415,096.00 D63 HEADWALL/WINGWALL(HW=13') LF 100 $ 220.00 $ 22,000.00 $ 180.48 $ 18,048.00 $ 4,631.25 $ 463,125.00 D64 HEADWALL/WINGWALL(HW=14') LF 100 $ 230.00 $ 23,000.00 $ 195.16 $ 19,516.00 $ 4,827.65 $ 482,765.00 D65 HEADWALL/WINGWALL(HW=15') LF 100 $ 245.00 $ 24,500.00 $ 208.25 $ 20,825.00 $ 6,360.95 $ 636,095.00 D66 HEADWALL/WINGWALL(HW=16') LF 100 $ 260.00 $ 26,000.00 $ 226.10 $ 22,610.00 $ 7,155.52 $ 715,552.00 D67 CONNECTTO EXISTING CURB INLET EA 10 $ 2,000.00 $ 20,000.00 $ 2,975.00 $ 29,750.00 $ 673.95 $ 6,739.50 D68 ICONNECTTOEXIST11NG MANHOLE EA 5 $ 2,500.00 $ 12,500.00 $ 3,272.50 $ 16,362.50 $ 605.18 $ 3,025.90 269C2NNEC112 EXISTING HEADWALL/WINGWALL EA 5 $ 2,500.00 $ 12,500.00 $ 3,867.50 $ 19,337.50 $ 1,925.56 $ 9,627.80 D70 CON N ECT TO EXISTING BOX CULVERT EA 5 $ 2,500.00 $ 12,500.00 $ 5,057.50 $ 25,287.50 $ 2,269.41 $ 11,347.05 D71 ITEMPORARY COFFERDAM LF 1000 $ 400.00 $ 400,000.00 $ 72.59 $ 72,590.00 $ 230.00 $ 230,000.00 SUBTOTALPARTD-STORM STRUCTURUES $ 2,352,250.00 $ 2,523,797.91 $ 8,621,702.19 PART E-BRIDGE IMPROVEMENTS(ITEMS ES THRU E5) El METAL BEAM GUARD FENCE LF 5000 $ 65.00 $ 325,000.00 $ 45.22 $ 226,100.00 $ 43.70 $ 218,500.00 E2 TYPE PRSS PEDESTRIAN RAIL LF 1000 $ 175.00 $ 175,000.00 $ 184.45 $ 184,450.00 $ 178.25 $ 178,250.00 E3 TYPE PR22 PEDESTRIAN RAIL LF 1000 $ 155.00 $ 155,000.00 $ 160.65 $ 160,650.00 $ 155.25 $ 155,250.00 E4 DELINEATOR SIGN AND POST EA 100 $ 125.00 $ 12,500.00 $ 130.90 $ 13,090.00 $ 126.50 $ 12,650.00 E5 GUARDRAIL TERMINAL EA 10 $ 3,250.00 $ 32,500.00 $ 3,391.50 $ 33,915.00 $ 3,277.50 $ 32,775.00 SUBTOTAL PARTE-BRIDGE IMPROVEMENTS $ 700,000.00 $ 618,205.00 $ 597,425.00 PART F-CHANNEL IMPROVEMENTS(ITEMS FS THRU F6) Fl CHANNEL EXCAVATION CY 50000 $ 16.00 $ 800,000.02 $ 5.95 $ 297,500.00 $ 32.30 $ 1,615,000.00 F2 DETENTION POND EXCAVATION CY 10000 $ 13.00 $ 130,000.00 $ 17.00 $ 170,000.00 $ 32.30 $ 323,000.00 F3 5"CONCRETE CHANNEL LINING SY 7500 $ 71.00 $ 532,500.00 $ 105.12 $ 58s,a00.00 $ 96.19 $ 721,425.00 Page 6 of 9 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT F4ARTICULATED CONCRETE BLOCK MATTING SF 5000 $ 13.00 $ 65,000.00 $ 38.08 $ 190,400.00 $ 25.00 $ 125,000.00 FS SOIL RETENTION BLANKET SY 1000 $ 7.00 $ 7,000.00 $ 13.09 $ 13,090.00 $ 10.00 $ 10,000.00 F6 ITURF REINFORCEMENT MATTING SY 1000 $ 13.00 $ 13,000.00 $ 10.71 $ 10,710.00 $ 15.00 $ 15,000.00 SUBTOTAL PARTF-CHANNEL IMPROVEMENTS $ 1,547,500.00 $ 1,470,100.00 $ 2,809,425.00 PART G-UTILITY ADJUSTMENTS(ITMES GS THRU G6) Gl ADJUST EXISTING WATERLINE(3/4"-4") LF 50 $ 125.00 $ 6,250.00 $ 29.09 $ 1,454.50 $ 345.81 $ 17,290.50 G2 ADJUST EXISTING WATERLINE(6"-10") LF 20 $ 150.00 $ 7,500.00 $ 59.50 $ 2,975.00 $ 524.11 $ 26,205.50 G3 ADJUST EXISTING WATERLINE(12"-16") LF 50 $ 250.00 $ 12,500.00 $ 134.05 $ 6,702.50 $ 703.79 $ 35,189.50 G4 ADJUST EXISTING WATER VALVE BOX EA 5 $ 1,250.00 $ 6,250.00 $ 602.14 $ 3,010.70 $ 302.59 $ 1,512.95 G5 ADJUST EXISTING GAS LINE(BACKFILL&COMPACTION ONLY) LF 50 $ 25.00 $ 1,250.00 $ 27.37 $ 1,368.50 $ 41.25 $ 2,062.50 G6 ADJUST EXISTING GAS VALVE BOX EA 5 $ 950.00 $ 4,750.00 $ 1,071.00 $ 5,355.00 $ 302.59 $ 1,512.95 SUBTOTAL PART G-UTILITY ADJUSTMENTS $ 38,500.00 $ 20,866.20 $ 83,773.90 PART H-REHABILITATION AND REPAIRS(ITEMS HS THRU HS) Hl REMOVE CULVERTAND REPAIR WALL(0-10 SF) EA 2 $ 2,500.00 $ 5,000.00 $ 1,388.33 $ 2,776.66 $ 5,330.78 $ 10,661.56 H2 REMOVE CULVERTAND REPAIR WALL(11-20 SF) EA 2 $ 3,00000 $ 6,000.00 $ 2,082.50 $ 4,165.00 $ 5,124.47 $ 10,248.94 H3 CLEAN AND REPAIR STALLING(0-10 SF) EA 2 $ 1,500.00 $ 3,000.00 $ 2,677.50 $ 5,355.00 $ 2,000.00 $ 4,000.00 H4 CLEAN AND REPAIR STALLING(11-20 SF) EA 2 $ 2,000.00 $ 4,000.00 $ 2,975.00 $ 5,950.00 $ 4,000.00 $ 8,000.00 ITS REHABILITATE EXISTING MANHOLE EA 2 $ 7,500.00 $ 15,000.00 $ 8,925.00 $ 17,850.00 $ 4,000.00 $ 8,000.00 SUBTOTAL PART H-REHABILITATION AND REPAIRS $ 33,000.00 $ 36,096.66 $ 40,910.50 PART 1-SITE WORK(ITEMS 11 TH RU 19) 11 SITE CLEARING AND STRIPPING AC 1 $ 3,500.00 $ 3,500.00 $ 12,495.00 $ 12,495.00 $ 9,765.34 $ 9,765.34 12 HAND CLEARING AC 1 $ 20,000.00 $ 20,000.00 $ 17,850.00 $ 17,850.00 $ 9,765.34 $ 9,765.34 13 HEAVY BRUSH REMOVAL AN D STRIPPING(MULCH IN PLACE) AC 1 $ 8,500.00 $ 8,500.00 $ 22,015.00 $ 22,015.00 $ 9,765.34 $ 9,765.34 14 H EAVY BRUSH REMOVAL AN D STRIPPING(HAU L OFF) AC 1 $ 15,000.00 $ 15,000.00 $ 20,825.00 $ 20,825.00 $ 11,140.74 $ 11,140.74 15 SITE GRADING AC 1 $ 5,000.00 $ 5,000.00 $ 11,900.00 $ 11,900.00 $ 7,564.70 $ 7,564.70 J6 STREET EXCAVATION(1'B.O.C.-2'AVG.DEPTH) SY 2500 $ 12.00 $ 30,000.00 $ 14.88 $ 37,200.00 $ 27.82 $ 69,550.00 17 SUBGRADE PREPARATION(6"-12") SY 2500 $ 3.00 $ 7,500.00 $ 9.52 $ 23,800.00 $ 15.74 $ 39,350.00 J8 SELECT FILL CY 500 $ 22.00 $ 11,000.00 $ 23.80 $ 11,900.00 $ 37.13 $ 18,565.00 19 RESHAPE/REGRADE DITCH(04) LF 1000 $ 25.00 $ 25,000.00 $ 35.70 $ 35,700.00 $ 15.44 $ 15,440.00 SUBTOTAL PARTJ-SITEWORK $ 125,500.00 $ 193,685.00 $ 190,906.46 PART K-FLAT W ORK(ITEMS KS THRU K37) Kl 4"CURBANDGU7TER LF 500 $ 22.00 $ 11,000.00 $ 21.42 $ 10,710.00 $ 49.52 $ 24,760.00 K2 STD.6"CURB AND GUTTER LF 500 $ 35.00 $ 17,500.00 $ 23.80 $ 11,900.00 $ 52.27 $ 26,135.00 K3 6"REVERSE CURB AND GUTTER LF 100 $ 40.00 $ 4,000.00 $ 27.37 $ 2,737.00 $ 52.27 $ 5,227.00 K4 BOLLARD EA 10 $ 750.00 $ 7,500.00 $ 750.00 $ 7,500.00 $ 330.10 $ 3,301.00 K5 4"-6"CONCRETE RIPRAP SY 1000 $ 80.00 $ 80,000.00 $ 101.15 $ 101,150.00 $ 90.07 $ 90,070.00 K6 6"-8"STONE RIPRAP SY 1000 $ 75.00 $ 75,000.00 $ 113.05 $ 113,050.00 $ 90.90 $ 90,900.00 K7 5'VALLEY GUTTER LF 100 $ 50.00 $ 5,000.00 $ 45.22 $ 4,522.00 $ 107.28 $ 10,728.00 K8 CITY STANDARD SIDEWALK DRAIN EA 5 $ 450.00 $ 2,250.00 $ 3,213.00 $ 16,065.00 $ 2,200.64 $ 11,003.20 K9 CONCRETE FLUME LF 25 $ 125.00 $ 3,125.00 $ 74.97 $ 1,874.25 $ 28.89 $ 722.25 K10 CONCRETE DRIVEWAY SF 5000 $ 25.00 1$ 125,000.00 1$ 10.12 $ 50,600.00 $ 24.21 $ 121,050.00 Page 7 of 9 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT KSS CONCRETE SIDEWALK SF 5000 $ 25.00 $ 125,000.00 $ 10.71 $ 53,550.00 $ 21.18 $ 105,900.00 K12 CONCRETE SIDEWALK RAMP SF 2500 $ 20.00 $ 50,000.00 $ 23.80 $ 59,500.00 $ 28.89 $ 72,225.00 K13 MILL EXISTING ASPHALT PAVEMENT(0"-3") SY 500 $ 10.00 $ 5,000.00 $ 15.47 $ 7,735.00 $ 28.03 $ 14,015.00 K14 6"TYPE A,GRADE I-2 CRUSHED LIMESTONE BASE SY 2500 $ 18.00 $ 45,000.00 $ 33.32 $ 83,300.00 $ 57.14 $ 142,850.00 K15 7"TYPE A,GRADE I-2 CRUSHED LIMESTONE BASE SY 2500 $ 20.00 $ 50,000.00 $ 34.51 $ 86,275.00 $ 58.79 $ 146,975.00 K16 8"TYPE A,GRADE I-2 CRUSHED LIMESTONE BASE SY 2500 $ 22.00 $ 55,000.00 $ 35.70 $ 89,250.00 $ 65.69 $ 164,225.00 K17 9"TYPE A,GRADE I-2 CRUSHED LIMESTONE BASE SY 2500 $ 24.00 $ 60,000.00 $ 36.89 $ 92,225.00 $ 67.34 $ 168,350.00 K18 110"TYPE A,GRADE 1-2 CRUSHED LIMESTONE BASE SY 2500 $ 26.00 $ 65,000.00 $ 38.08 $ 95,200.00 $ 72.08 $ 180,200.00 K19 11"TYPE A,GRADE 1-2 CRUSHED LIMESTONE BASE SY 2500 $ 28.00 $ 70,000.00 $ 39.27 $ 98,175.00 $ 77.20 $ 193,000.00 K20 12"TYPE A,GRADE 1-2 CRUSHED LIMESTONE BASE SY 2500 $ 30.00 $ 75,000.00 $ 40.46 $ 101,150.00 $ 87.29 $ 218,225.00 K21 6"REINFORCED CONCRETE PAVEMENT SY 2500 $ 65.00 $ 162,500.00 $ 88.33 $ 220,825.00 $ 170.73 $ 426,825.00 K22 7"REINFORCED CONCRETE PAVEMENT SY 2500 $ 70.00 $ 175,000.00 $ 93.33 $ 233,325.00 $ 175.15 $ 437,875.00 K23 8"REINFORCED CONCRETE PAVEMENT SY 2500 $ 75.00 $ 187,500.00 $ 98.33 $ 245,825.00 $ 180.23 $ 450,575.00 K24 9"REINFORCED CONCRETE PAVEMENT SY 2500 $ 80.00 $ 200,000.00 $ 103.33 $ 258,325.00 $ 184.53 $ 461,325.00 K25 10"REINFORCED CONCRETE PAVEMENT SY 2500 $ 85.00 $ 212,500.00 $ 108.33 $ 270,825.00 $ 190.85 $ 477,125.00 K26 11"REINFORCED CONCRETE PAVEMENT SY 2500 $ 88.00 $ 220,000.00 $ 113.33 $ 283,325.00 $ 196.51 $ 491,275.00 K27 12"REINFORCED CONCRETE PAVEMENT SY 2500 $ 90.00 $ 225,000.00 $ 118.33 $ 295,825.00 $ 249.88 $ 624,700.00 K28 3"TYPE'B'HMAC SY 2500 $ 30.00 $ 75,000.00 $ 30.94 $ 77,350.00 $ 84.55 $ 211,375.00 K29 4"TYPE'B'HMAC SY 2500 $ 36.00 $ 90,000.00 $ 33.32 $ 83,300.00 $ 91.60 $ 229,000.00 K30 5"TYPE'B'HMAC SY 2500 $ 45.00 $ 112,500.00 $ 35.70 $ 89,250.00 $ 96.88 $ 242,200.00 K31 1.5"TYPE'D'HMAC SY 2500 $ 20.00 $ 50,000.00 $ 19.04 $ 47,600.00 $ 74.87 $ 187,175.00 K32 2"TYPE'D'HMAC SY 2500 $ 30.00 $ 75,000.00 $ 20.23 $ 50,575.00 $ 78.38 $ 195,950.00 K33 2.5"TYPE'D'HMAC SY 2500 $ 33.00 $ 82,500.00 $ 21.42 $ 53,550.00 $ 81.47 $ 203,675.00 K34 3"TYPE'D'HMAC SY 2500 $ 35.00 $ 87,500.00 $ 22.61 $ 56,525.00 $ 84.55 $ 211,375.00 K35 TX-5 GEOGRID SY 2500 $ 6.00 $ 15,000.00 $ 6.95 $ 17,375.00 $ 9.90 $ 24,750.00 K36 IPRIME COAT(0.2 SY/GAL) GAL 500 $ 20.00 $ 10,000.00 $ 9.52 $ 4,760.00 $ 30.26 $ 15,130.00 K37 FULL-DEPTH PAVEMENT REPAIR SY 500 $ 200.00 $ 100,000.00 $ 156.28 $ 78,140.00 $ 180.65 $ 90,325.00 SUBTOTAL PART K-FLAT WORK $ 3,010,375.00 $ 3,453,168.25 $ 6,770,516.45 PART L-TREE AND FENCE REMOVAL/REPLACEMENT(ITEMS LS TH RU L8) Ll TREE REMOVAL UP T08"IN DIAMETER EA 2 $ 750.00 $ 1,500.00 $ 595.00 $ 1,190.00 $ 385.11 $ 770.22 L2 TREE REMOVAL GREATER THAN 8"IN DIAMETER EA 2 $ 1,250.00 $ 2,500.00 $ 892.50 $ 1,785.00 $ 687.70 $ 1,375.40 L3 CUT SH RU BS AN D APPLY HERBICI DE AC 1 $ 7,500.00 $ 7,500.00 $ 23,205.00 $ 23,205.00 $ 3,851.12 $ 3,851.12 L4 REMOVE AND REPLACE EXISTING WOODEN FENCE LF 100 $ 60.00 $ 6,000.00 $ 47.60 $ 4,760.00 $ 44.01 $ 4,401.00 L5 REMOVE AN D REPLACE EXISTING CHAIN LIN K F ENCE LF 100 $ 60.00 $ 6,000.00 $ 65.45 $ 6,545.00 $ 39.88 $ 3,988.00 L6 REMOVE AND REPLACE EXISTING SECURITY FENCE LF 100 $ 75.00 $ 7,500.00 $ 101.15 $ 10,115.00 $ 22.01 $ 2,201.00 L7 REMOVE AN D REPLACE EXISTING WROUG HT I RON F ENCE LF 100 $ 125.00 $ 12,500.00 $ 178.50 $ 17,850.00 $ 64.64 $ 6,464.00 L8 REMOVE AND REPLACE EXISTING BARBED W IRE FENCE LF 100 $ 60.00 $ 6,000.00 $ 17.85 $ 1,785.00 $ 28.89 $ 2,889.00 SUBTOTAL PART L-TREE AND FENCE REMOVAL/REPLACEMENT $ 49,500.00 $ 67,235.00 $ 25,939.74 PART M-STORM WATER POLLUTION PREVENTION(ITEMS MS TH RU M7) Ml INLETPROTECTION EA 20 $ 150.00 $ 3,000.00 $ 138.50 $ 2,770.00 $ 300.00 $ 6,000.00 M2 SILT FENCE LF 5000 $ 3.50 $ 17,500.00 $ 5.95 $ 29,750.00 $ 5.00 $ 25,000.00 M3 SEEDING SY 50000 $ 8.00 $ 400,000.00 $ 1.79 $ 89,500.00 $ 1.00 $ 50,000.00 Page 8 of 9 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT M4 SODDING SY 10000 $ 13.00 $ 130,000.00 $ 7.14 $ 71,400.00 $ 5.00 $ 50,000.00 MS ROCK FILTER DAM EA 10 $ 1,650.00 $ 16,500.00 $ 2,785.00 $ 27,850.00 $ 500.00 $ 5,000.00 M6 STABILIZED CONSTRUCTION ENTRANCE/EXIT EA 10 $ 2,500.00 $ 25,000.00 $ 1,380.00 $ 13,800.00 $ 5,000.00 $ 50,000.00 M7 ITREE PROTECTION FENCE EA 10 $ 500.00 $ 5,000.00 $ 892.50 $ 8,925.00 $ 350.00 $ 3,500.00 SUBTOTALPARTM-STORM WATER POLLUTION PREVENTION $ 597,000.00 $ 243,995.00 $ 189,500.00 PART N-STRIPING AND TRAFFIC CONTROL(ITEMS NS THRU N20) Nl REFL PAV MARKTV I(W)4"(SLD)(090 MIL) LF 250 $ 3.00 $ 750.00 $ 2.38 $ 595.00 $ 2.40 $ 600.00 N2 REFL PAV MARKTV I(W)4"(BRK)(090 MIL) LF 250 $ 4.00 $ 1,000.00 $ 3.57 $ 892.50 $ 3.60 $ 900.00 N3 REFL PAV MARKTV I(W)8"(SLD)(090 MIL) LF 150 $ 5.00 $ 750.00 $ 4.76 $ 714.00 $ 4.80 $ 720.00 N4 REFL PAV MARKTV I(W)12"(SLD)(090 MIL) LF 150 $ 7.00 $ 1,050.00 $ 7.14 $ 1,071.00 $ 7.20 $ 1,080.00 N5 REFL PAV MARKTV I(Y)4"(SLD)(090 MIL) LF 250 $ 3.00 $ 750.00 $ 2.38 $ 595.00 $ 2.40 $ 600.00 N6 REFL PAV MARKTV IFY)4"(BRK)(090 MIL) LF 250 $ 4.00 $ 1,000.00 $ 3.57 $ 892.50 $ 3.60 $ 900.00 REFL PAV MRKTV C HEATAPPLIED PREFAB PREFORMED THERMOPLASTIC(W)24"(SLD)(125 N7 MIL) LF 150 $ 18.00 $ 2,700.00 $ 19.04 $ 2,856.00 $ 19.20 $ 2,880.00 N8 IREFIL PAV MRKTV C HEATAPPLIED PREFAB PREFORMED THERMOPLASTIC(Y)24"(SLD)(125 MIL)LF 150 $ 22.00 $ 3,300.00 $ 21.42 $ 3,213.00 $ 21.60 $ 3,240.00 REFL PAV MRKTV C HEAT APPLIED PREFAB PREFORMED THERMOPLASTIC(W)(ARROW)(125 N9 MIL) EA 5 $ 375.00 $ 1,875.00 $ 386.75 $ 1,933.75 $ 390.00 $ 1,950.00 N10 REFL PAV MRK TY CHEAT APPLIED PREFAB PREFORMED THERMOPLASTIC(W)(WORD)(125 MIL)EA 5 $ 450.00 $ 2,250.00 $ 476.00 $ 2,380.00 $ 480.00 $ 2,400.00 REFL PAV MRK TY CHEAT APPLIED PREFAB PREFORMED THERMOPLASTIC(W)18"(YLDTRI)(125 Nll MIL) LF 50 $ 55.00 $ 2,750.00 $ 59.50 $ 2,975.00 $ 60.00 $ 3,000.00 N12 REFL PAV MRKRTV II-A-A EA 10 $ 15.00 $ 150.00 $ 11.90 $ 119.00 $ 12.00 $ 120.00 N13 REFL PAV MRKRTV I-C EA 10 $ 15.00 $ 150.00 $ 11.90 $ 119.00 $ 12.00 $ 120.00 N14 REFL PAV MRKRTV II-C-R EA 10 $ 15.00 $ 150.00 $ 11.90 $ 119.00 $ 12.00 $ 120.00 N15 REFL PAV MRKRTV II-B-B EA 5 $ 15.00 $ 75.00 $ 11.90 $ 59.50 $ 12.00 $ 60.00 N16 REMOVEAND REPLACESIGNAGE EA 50 $ 950.00 $ 47,500.00 $ 1,071.00 $ 53,550.00 $ 1,080.00 $ 54,000.00 N17 PORTABLE CHANGEABLE MESSAGE SIGNS(PCMS) DAV 30 $ 150.00 $ 4,500.00 $ 148.75 $ 4,462.50 $ 150.00 $ 4,500.00 N18 FLASHING ARROW BOARDS DAV 30 $ 100.00 $ 3,000.00 $ 89.25 $ 2,677.50 $ 90.00 $ 2,700.00 N19 TEMPORARY TRAFFIC SIGNALS DAV 30 $ 1,250.00 $ 37,500.00 $ 1,011.50 $ 30,345.00 $ 1,020.00 $ 30,600.00 N20 PREPARATION AND IMPLEMENTATION OF TRAFFIC CONTROL PLAN ALLOWANCE AL 1 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 SUBTOTAL PART N-STRIPING AND TRAFFIC CONTROL $ 121,200.00 $ 119,569.25 $ 120,490.00 TOTAL BASE BID(PARTS ATHRU N) $ 17,614,830.00 $ 22,392,870.22 $ 34,702,017.27 Page 9 of 9 Capital Improvement Flan 2019 rhru 2023 City of Corpus Christi, Texas Project 4 E12199 Project Name Bridge Rehabilitation Type Reconditioning-Asset Longevit Department Storm Water Useful Life 25 years Contact Director of Water Utilities Category Site Improvements Priority 2 Critical-Asset Condition\longe Status Active Description This project is to develop a bridge assessment and repair program. Existing City of Corpus Christi Bridges will be inspected to develop a bridge CIP program for maintenance and repairs,and recommendations for regular inspection cycles. Justification Consistency with the Comprehensive Plan:Policy Statements pg.48: 1,3&6;pp. 55,56&58-60;2009 Storm Water Master Plan(draft), Sustainability Initiative Expenditures 2019 2020 2021 2022 2023 Total Construction/Rehab 83,700 45,100 500,000 500,000 1,128,800 Inspection 20,000 50,000 50,000 120,000 Design 98,800 98,800 Contingency 50,000 50,000 100,000 Total 202,500 45,100 600,000 600,000 1,447,600 Funding Sources 2019 2020 2021 2022 2023 Total Revenue Bonds 202,500 45,100 600,000 600,000 1,447,600 Tom 202,500 45,100 600,000 600,000 1,447,600 Budget Impact/Other 71 Funding rehab/construction of bridges will decrease operational costs by reducing"emergency" responses and more costly maintenance actions during lifecycle of bridges. 612 Capital Improvement Flan 2019 thru 2023 City of Corpus Christi, Texas Project# 21044 Project Name Channel Ditch Improvements Type Improvement/Additions Department Storm Water Useful Life 25 years Contact Category Site Improvements Priority 2 Critical-Asset Condition\longe .M Status Active Description —1 0m This yearly project will involve minor storm water conveyance improvements,rehab to critical concrete sections,re-contouring,excavation, clearing,upgrading culverts,scour protection and other miscellaneous best management practices throughout the City to create more positive drainage flow during low water conditions and rain events.Improvements will address critical upgrades to reduce flooding on public and private property,improve public safety,improve water quality,improve vector(pest)control,and reduce long-term maintenance costs.Improvements will take place on a routine basis to extent funding allows. Justification Consistency with the Comprehensive Plan:Policy Statements pg.48: 1,3&6;pp. 55,56&58-60;2009 Storm Water Master Plan(draft), Sustainability Initiative Expenditures 2019 2020 2021 2022 2023 Total Construction/Rehab 500,000 500,000 500,000 2,215,000 3,715,000 Inspection 20,000 20,000 20,000 185,000 245,000 Design 40,000 40,000 40,000 400,000 520,000 Contingency 40,000 40,000 40,000 120,000 Total 600,000 600,000 600,000 2,800,000 4,600,000 Funding Sources 2019 2020 2021 2022 2023 Total Revenue Bonds 600,000 600,000 600,000 2,800,000 4,600,000 Tom 600,000 600,000 600,000 2,800,000 4,600,000 Budget Impact/Other 71 Restoration of channels and ditches is critical to avoid potential"washouts"that may result in encroachment,flooding and undermining of adjacent public/private structures including streets,bridges,utility lines,buildings,and homes.Additionally,fully funding rehab/construction of major channels can ultimately reduce operational cost by reducing "emergency"responses and more costly maintenance actions during lifecycle of channel. The City complies with regulatory permits by using the following measures: pollution prevention,treatment of pollution removal, storm water monitoring,and minimizing introduction ofpollutants into the municipal separate storm sewers stem(MS4). 613 Capital Improvement Flan 2019 thru 2023 City of Corpus Christi, Texas Project# 18100 Project Name Citywide Storm Water Infrastructure Rehabilitation Type Improvement/Additions Department Storm Water Useful Life 25 years Contact Director of Water Utilities Category Storm Drainage Priority 2 Critical-Asset Condition\longe n Status Active R Description This project will systematically rehabilitate and/or replace aging storm water infrastructure city-wide. Project will assess existing conditions of storm water pipe,ditches,channels,and other aging systems that have reached the end of their useful service life and correct as warranted.IDIQ (Indefinite Delivery Indefinite Quanity)contract is included in the 2019 budget. Justification Restoration of underground storm water systems,channels,and ditches is critical to avoid potential failures that may result in encroachment, flooding and undermining of adjacent public/private structures including streets,bridges,utility lines,buildings,and homes.Fully funding rehab/construction of storm water infrastructure can reduce operational cost by reducing"emergency"responses and more costly maintenance actions during lifecycle of infrastructure. Expenditures 2019 2020 2021 2022 2023 Total Construction/Rehab 1,800,000 5,050,000 5,050,000 5,050,000 16,950,000 Inspection 4,300 50,000 200,000 200,000 200,000 654,300 Design 69,314 46,240 300,000 300,000 300,000 1,015,554 Contingency 50,000 400,000 400,000 400,000 1,250,000 Engineering Svc 40,000 40,000 40,000 120,000 Admin Reimbursement 10,000 10,000 10,000 30,000 Total 73,614 1,946,240 6,000,000 6,000,000 6,000,000 20,019,854 Funding Sources 2019 2020 2021 2022 2023 Total Revenue Bonds 73,614 1,946,240 6,000,000 6,000,000 6,000,000 20,019,854 Total 73,614 1,946,240 6,000,000 6,000,000 6,000,000 20,019,854 Budget Impact/Other 71 This project will systematically rehabilitate and/or replace aging storm water infrastructure city-wide. Project will assess existing conditions of storm water pipe,ditches,channels,and other aging systems that have reached the end of their useful service life and correct as warranted. 614 .gyri cr� o� 0 t � NoAPORpYEo AGENDA MEMORANDUM xs52 Action Item for the City Council Meeting of October 12, 2021 DATE: October 12, 2021 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P.E., Director of Engineering Services 6effreye(a)cctexas.com (361) 826-3851 Kevin Norton, Director of Utilities kevi n n(a)cctexas.com (361) 826-1874 Construction Change Order Holly Road — Crosstown Expressway to Greenwood Drive CAPTION: Motion authorizing the approval of Change Order No. 4 with Jhabores Construction Company, Inc., Corpus Christi, Texas, for the installation of a wastewater main crossing under Crosstown Expressway at Holly Road, located in Council District 3, in a total amount of$170,108.24, with FY 2022 funding available from the Wastewater Fund. SUMMARY: This Change Order authorizes the installation of a 15-inch wastewater main in an existing 24-inch casing that runs from the Westside to Eastside under Crosstown Expressway at Holly Road. BACKGROUND AND FINDINGS: On August 18, 2020, City Council approved the rehabilitation of Holly Road from Crosstown Expressway to Greenwood Drive, with asphalt pavement rehabilitation and utility improvements that include the wastewater line being extended through the project limits. The construction was projected to be completed by October 2021. The Crosstown Expressway was built and is maintained by the Texas Department of Transportation (TxDOT). At the time of construction, wastewater service was not extended from the west to the east side of the interchange. TxDOT was expected to include a 24-inch steel casing under the interchange to accommodate a future wastewater extension. There was not good documentation to confirm that the casing had, in fact, been installed. The wastewater extension under Crosstown Expressway was not included in the original Holly Road project due to uncertainty about the existence of the casing. In March 2021, Jhabores Construction Company, Inc. was able to confirm that the 24-inch casing under Crosstown Expressway does exist. In August 2021, the contractor concluded that the casing was in good condition and at proper elevations to be utilized for extending gravity wastewater service to the east side of the interchange. The wastewater masterplan indicates gravity wastewater service to the east side of the interchange by crossing under the Crosstown Expressway with a gravity line. The Utilities Department recommended including the extension of the wastewater main through the casing to comply with the masterplan and to allow removal of a private lift station. Change Order Number 4 proposes the extension of the 15-inch wastewater main, approximately 410 linear feet through the casing from the originally proposed terminus to the east side of the interchange. This wastewater main will allow for development of the undeveloped properties located on the east side of Crosstown Expressway and allow the removal of a private wastewater lift station. PROJECT TIMELINE WITH CHANGE ORDER: Change Order Number 4 will add 42 days to the current construction contract. The anticipated construction substantial completion date of the project is November 2021. ALTERNATIVES: The City could defer this work until a future date, but this would delay development along the Eastside of Crosstown Expressway and likely result in additional construction cost since the contractor is already mobilized on site. FISCAL IMPACT: The fiscal impact for FY 2022 is an amount of $170,108.24 with funding available from the Wastewater Fund. FUNDING DETAIL: Fund: WW 2021 CIP (Fund 4258) Mission Elem: Wastewater Maintenance of Lines (042) Project: Holly Road — (Greenwood to SH 286) (Project No. 6470) Account: Construction (550910) Activity: 170371-01-4258-EXP Amount: $170,108.24 RECOMMENDATION: Staff recommends approval of this Change Order No.4 in an amount of $170,108.24, with Jhabores Construction Company, Inc., Corpus Christi, Texas, for installation of a 15-inch wastewater line in the 24-inch casing located beneath the Crosstown Expressway at Holly Road. LIST OF SUPPORTING DOCUMENTS: Location Maps Change Order No. 4 CIP Page CITY OF CORPUS CHRISTI ENGINEERING SERVICES CHANGE ORDER PROJECT: Holly Road(SH 286 to Greenwood Drive)(Bond 2012) CHANGE ORDER NO: 4 CONTRACTOR: Jhabores Construction Company Inc. CHANGE ORDER DATE: 9/23/2021 ENGINEER: LNV(Ardurra) PROJECT NUMBER: 6470 PROJECT MANAGER: Mai Bernal ORIGINAL CONTRACT TIME: 300 CD's Make the following additions,modifications or deletions to the work described in the Contract Documents: ADDITIONS HOLLY 24"CASING INVESTIGATION Quantity Unit Unit Price Total PART F-WASTEWATER IMPROVEMENTS IT Mobilization(5%Max.Part F) 0.07710 LS $ 75,000.00 $ 5,782.25 F14.12 Post TVI of Sewer Main 460 LF $ 3.54 $ 1,626.10 F14.13 Install 15"SDR 26 with Casing Spacers 410 LF $ 170.69 $ 69,982.90 F14.14 Install New MH 4"Dia.East Side 0-6"Depth 1 EA $ 14,836.90 $ 14,836.90 F14.15 Extra Depth MH 5 VF $ 999.90 $ 4,999.50 F14.16 Connect to Existing MH 2 EA $ 6,756.90 $ 13,513.80 F14.17 16"DR 26 by Open Cut 60 LF $ 496.92 $ 29,815.20 F14.18 Sidewalk Removal and Replacement 1 LS $ 2,525.00 $ 2,525.00 F14.19 Barricades/Traffic Control East Side 1 LS $ 6,810.43 $ 6,810.43 F14.20 Cut,Cap&install 2"Bypass on Waterline 2 EA $ 3,619.84 $ 7,239.68 - Fiber to be Adjusted for Open Cut(by others,if required) 1 LS $ - $ - F14.21 Reinstall Waterline 100 LF $ 96.96 $ 9,696.00 - West Side Conflicts 1 LS $ - $ - F14.22 Remove and Replace 24'RCP 16 LF $ 205.03 $ 3,280.48 Additional Calendar Days due to:Added Scope of Work 42 DAY $ - $ - Additions Total: $ 170,108.24 DELETIONS none 1 n/a 0 LS $ - $ - Deletions Total: $ - Additional Calendar Days requested 42 NET TOTAL OF THIS CHANGE ORDER: $ 170,108.24 Why was this Change necessary: This Change Order authorizes the installation of a 15-inch wastewater main in an existing 24-inch casing running from the Westside to Eastside under Crosstown Expressway at Holly Road. This Contract Modification represents Final Adjustment for any and all amounts due or to become due to Contractor for changes referred to herein.Contractor further releases all other claims,if any(except those claims previously submitted in writing in strict accordance with the Contract),for additional compensation under this Contract,including without limitation any rights Contractor may have for additional compensation arising out of delays or disruption of Contractor's schedule as may have arisen prior to the date of this Contract Modification.Unless otherwise expressly provided herein,the time of completion and all other terms and conditions of the Contract remain unchanged. Original Contract Amount $ 3,349,518.32 Maximum Change Order Contingency Amount(25%) $ 837,379.58 Remaining Available Contingency Amount(including this CO) $ 488,240.08 Previously Approved Change Order Amount $ 179,031.26 Proposed Change Order Amount $ 170,108.24 Revised Contract Amount $ 3,698,657.82 Percent of Total Change Orders(including this CO) 10.42% Original Contract Time for Substantial Completion 300 CD's Notice to Proceed Date 9/28/2020 Original Substantial Completion Date 7/25/2021 Previously Approved Change Order Time 81 CD's Additional Time on This Change Order 42 CD's Revised Contract Time for Substantial Completion 423 CD's Revised Substantial Completion Date 11/25/2021 Page 1 of 2 CITY OF CORPUS CHRISTI ENGINEERING SERVICES CHANGE ORDER PROJECT: Holly Road(SH 286 to Greenwood Drive)(Bond 2012) CHANGE ORDER NO: 4 CONTRACTOR: Jhabores Construction Company Inc. CHANGE ORDER DATE: 9/23/2021 ENGINEER: LNV(Ardurra) PROJECT NUMBER: 6470 PROJECT MANAGER: Mai Bernal ORIGINAL CONTRACT TIME: 300 CD's REVIEWED BY: Initial Date REQUESTED BY:Jhabores Construction Company Inc. Eng.Proj.Specialist Liza Steele LS 9/23/2021 Constr.Supervisor Amie Wojtasczyk ADW 9/28/2021 Constr.Inspector Jamie Gutierrez J.G. 9/27/2021 212 Constr.Sr.Project Mgr. Ruben Barrera R.B. 9/27/2021 Gregory K. orle ate Vice-President CITY OF CORPUS CHRISTI Brett Van WW 2021 CIP Digitally signed by Brett Van Hazel'' FUND: 4258-042 n/a Hazel Date:2021.10.04 16:27:30-0500ACCOUNT: 550910 n/a RECOMMENDED BY: ACTIVITY: 170371-01-4258-EXP n/a Brett Van Hazel Date AMOUNT: $170,108.24 n/a Construction Engineer RECOMMENDED BY: APPROVED BY: Jeff H.Edmonds Date Neiman Young Date Director of Engineering Services Assistant City Manager RECOMMENDED BY: APPROVED AS TO Kamil Taras Date FORM: Kent Mcllyar Date Management and Budget Designee Assistant City Attorney ATTEST: Authorized number Rebecca Huerta Date By Council date City Secretary initials Page 2 of 2 Jhabores Construction Company, Inc. P.O. Box 60089 Corpus Christi,Texas 78466 361-852-8858 Fax 361-852-7979 PROJECT #: 6470 Construction Proposal HOLLY 24" CASING INVESTIGATION CITY OF CORPUS CHRISTI CONSTRUCTION SERVICES CORPUS CHRISTI,TEXAS Attn: MR. DAVID THORNBURG DavidTH(aD-cctexas.com HOLLY 24" CASING INVESTIGATION 02-Sep-21 HOLLY ROAD AND 286 ID# Description Quantity Unit Price Ext Price Totals(incl.bond 11/6) F1 -a- MOBILIZATION EAST SIDE OF 286@HOLLY 0.07710 LS $75,000.00 $5,782.25 $5,782.25 F14.122 POST TVI OF SEWER MAIN 460.00 LF $3.54 $1,626.10 $1,626.10 F14.13 3 INSTALL 15"SDR 26 WITH CASING SPACERS 410.00 LF $170.69 $69,982.90 $69,982.90 F14.14 4 INSTALL NEW MH 4'DIA.EAST SIDE 0-6'DEPTH 1.00 EA $14,836.90 $14,836.90 $14,836.90 F14.15 5 EXTRA DEPTH MH 5.00 VF $999.90 $4,999.50 $4,999.50 F14.16 5 CONNECT TO EXISTING MH 2.00 EA $6,756.90 $13,513.80 $13,513.80 F14.17.7 16"DR 26 BY OPEN CUT 60.00 LF $496.92 $29,815.20 $29,815.20 F14.185 SIDEWALK REMOVAL AND REPLACEMENT 1.00 LS $2,525.00 $2,525.00 $2,525.00 F14.19 9 BARRICADES/TRAFFIC CONTROL EAST SIDE 1.00 LS $6,810.43 $6,810.43 $6,810.43 F14.2o 49 CUT,CAP&INSTALL 2"BYPASS ON WATERLINI 2.00 EA $3,619.84 $7,239.68 $7,239.68 11 FIBER TO BE ADJUSTED FOR OPEN CUT 1.00 LS BY OTHERS BY OTHERS F14.21 4.2 REINSTALL WATERLINE 100.00 LF $96.96 $9,696.00 $9,696.00 12 WEST SIDE CONFLICTS 0 F14.22 42 REMOVE AND REPLACE 16'OF 24"RCP 16.00 LF $205.03 $3,280.48 $3,280.48 Tot 1 Bid Amount CG r-Lj $170,108.24 lopt 12 30 WORKING DAYS TO COMPLETE AFTER RE IPT OF PIPE PIPE PRICE GOOD FOR 4 DAYS FROM PROPOSAL DATE. PIPE MUST BE ORDERED WITHIN THE NEXT 4 DAYS TO GUARANTEE AVAILABILITY. IF ORDERED AS REQUIRED PIPE SHOULD DELIVER IN OCTOBER. CANNOT GURANTEE LESS THAN 5%SAGS ON SEWERLINE INSTALLED IN CASING BECAUSE IT WAS INSTALLED BY OTHERS FIBER MAY NEED TO BE ADJUSTED FOR INSTALLATION OF 60' OF 15"SDR 26 WILL BE BY OTHERS 6"GAS LINE MAY CONFLICT WITH INSTALLATION OF 15" SDR 26 AT EXISTING MH DUE TO DEPTH CASING SPA RS ARRIVE TWO WEEKS AFTER ORDER PLACED PIPE MID OCTOBER WORKING D S DO NOT INCLUDE QNY A- USTM TS OF EXISTING UTILITIES BY OTHERS IF REQUIRED GREGORY OR Confidential Bid Proposal Page 1 Project _ Location Map e �,, HALA`PIT w w 110!4 HOLLY EL MONTE ' JOYCE - ' CAROLYN � . it Awk Q a O Q FREDERICK COAHUILA a o DORADO MISSION �� � � �� ,w Y Legend ��� Holly Road CKY DERBY �� Wastewater Line y, GOLLIHAR ROAD - CITY COUNCIL EXHIBIT GREENWOOD TO CITY OF CORPUS CHRISTI,TEXAS CROSSTOWN EXPRESSWAY DEPARTMENT OF ENGINEERING SERVICES Capital Improvement Flan 2019 thru 2023 City of Corpus Christi, Texas Project# 170371 Project Name Holly Road (Ctwn Freeway to Greenwood) Type Reconditioning-Asset Longevit Department Street Department Useful Life 25 years Contact Director of Public Works Category Street-Rehabilation Priority 2 Critical-Asset Condition\longe Status Active Description This was originally a joint City/TxDOT funded project providing for full-depth reconstruction and widening of the existing 2-lane roadway to a 4- lane roadway. Based on state funding limitations,this project has been revised and now has two phases. Phase 1 will be fully funded by the City and has been re-designed with full reconstruction and widening as a 3-lane roadway with planning for Phase 2 to expand to a 4-lane roadway. Phase 2 is planned for 2023. Utility improvements include water,wastewater,storm water and gas. Justification Consistency with the Comprehensive Plan;Policy Statements pp.25-32;Transportation Master Plan. This project will improve the road and accommodate heavier traffic flows and provide a safer driving experience. Expenditures 2019 2020 2021 2022 2023 Total Construction/Rehab 380,017 380,017 Total 380,017 380,017 Funding Sources 2019 2020 2021 2022 2023 Total G.O. Bond 2012 380,017 380,017 Total 380,017 380,017 Budget Impact/Other 71 There is no direct operational budget impact. 539 so �o o� A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting October 12, 2021 DATE: August 17, 2021 TO: Peter Zanoni, City Manager FROM: Mike Culbertson (361) 882-7448 mculbertson@ccredc.com Type B Small Business Assistance Programs CAPTION: Motion authorizing seven Corpus Christi B Corporation Small Business Assistance Agreements with the following entities for one year: LiftFund, Inc., Service Corps of Retired Executives, Texas A&M University — Corpus Christi, and Del Mar College for a total amount not to exceed $701 ,800 to support small businesses within the City of Corpus Christi. SUMMARY: This agenda item approves agreements for the Del Mar College Small Business Development Center (SBDC), Procurement Technical Assistance Center (PTAC), Contractor Resource Center (CRC), and Internship programs, LiftFund, Service Corps of Retired Executives (SCORE), and Texas A&M University — Corpus Christi Internship program with funding from the Corpus Christi B Corporation in Fiscal Year (FY) 2022. BACKGROUND AND FINDINGS: On July 19, 2021, the Corpus Christi Business and Job Development Corporation's Board (Type A Board) approved the FY 2021-2022 operating budget for all three Type A funds: Seawall, Arena, and Business and Job Development. Included in the Type A Business and Job Development Fund's budget was $701 ,800 for seven Small Business Assistance programs. On August 16, 2021 , the Type A Board approved agreements for each of the seven Small Business Assistance programs. On August 30, 2021 , a special meeting of the Type A Board was held to address City staff's recommendation to cancel these contracts with the Type A Corporation and instead move the funding to the Corpus Christi B Corporation. The Type A Board voted at the special meeting to reallocate $701 ,800 from the small business agreements to another project for FY 2022. The Corpus Christi B Corporation also held a special meeting on August 30, 2021 and voted to amend their FY 2022 Business and Job Development budget to appropriate $701 ,800 and approve the agreements for the seven Small Business Assistance Programs. Below is a list of the programs. Small Business Projects Grant Amounts LiftFund, Inc $ 49,300 SCORE 70,000 Texas A&M Internship 100,000 Del Mar College Internship 100,000 Del Mar College— PTAC (Process Technical Assistance Center) 99,500 Del Mar College— CRC (Contract Resource Center) 133,000 Del Mar College— SBDC (Small Business Development Center) 150,000 Totals $ 701,800 LiftFund Interest Buy-Down Program The goal of this program is to level the financial "playing field" in entrepreneurship by ensuring every entrepreneur has access to the financial support needed to start or grow their business. The Service Corps of Retired Executives (SCORE) SCORE is a nonprofit association dedicated to educate entrepreneurs and to help small businesses start, grow, and succeed nationwide by providing mentoring and training for small business owners. Both TAMUCC & Del Mar College Internship programs Benefits of the internship programs include increasing graduate retention rates by exposing students to local companies prior to graduation and increasing local companies' access to a high quality, educated workforce. The Procurement Technical Assistance Center (PTAC) PTAC is a federally sponsored program located at Del Mar College's Small Business Development Center that assists any business interested in pursuing federal, state, or local government contracts through a wide range of services. The Contract Resource Center (CRC) CRC offers one-on-one advising to better prepare and connect small businesses with large, multi-year projects. Some of the benefits of becoming a CRC client are the following: • Training and development in specific areas • Access to be listed on the Contractor Ready List shared with Corpus Christi Regional Economic Development Corporation (CCREDC) and large industry partners • Access to the Plan Room to print bids and specs for local commercial contracts Small Business Development Center (SBDC) The primary goal of the SBDC is to provide technical support that businesses need, when they need it, and for however long they need it. Some clients have been working with the Center for over 20 years. As businesses grow and move on to new levels, they have new issues, challenges, and opportunities that require expert guidance. The Corpus Christi Business and Job Development Corporation (Type A Board)approved these agreements at their August 16, 2021 meeting. Funding for these agreements was subsequently moved to the Corpus Christi B Corporation at their August 30, 2021 meeting. ALTERNATIVES: The City Council may choose to not fund these agreements or could choose to fund them at a lesser amount. FISCAL IMPACT: The financial impact is an amount not to exceed $701 ,800 to be funded with the Type B Economic Development Fund in FY 2022. Funding Detail: Fund: 1146 Economic Development Fund Organization/Activity: 15020 Small Business Projects Mission Element: Project # (CIP Only): Account: 530000 Professional Services Expense RECOMMENDATION: Staff recommends approval of these seven agreements in an amount not to exceed $701 ,800 to be funded by the Corpus Christi B Corporation in FY 2022. LIST OF SUPPORTING DOCUMENTS: Agreements SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI B CORPORATION AND DEL MAR COLLEGE FOR DEL MAR COLLEGE'S CONTRACTOR RESOURCE CENTER This Small Business Incentives Agreement ("Agreement") is entered into between the Corpus Christi B Corporation ("Corporation") and Del Mar College, a Texas institution of higher learning ("Del Mar"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now Title 12, Subtitle C1 (Chapters 501 — 507), Texas Local Government Code, 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 of Corpus Christi, Texas ("City") passed Proposition 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 repair 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; WHEREAS,the Corpus Christi B Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on August 16, 2021, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council approved on August 31, 2021; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that small business development funds be provided to Del Mar, through this Agreement with Del Mar, to be used by Del Mar, which seeks to create a Contractor Resource Center within the City to assist companies looking for contracts with existing and potential future large industrial companies in our area; In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Del Mar agree as follows: 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement or the date on which this Agreement is approved by City Council, whichever is later. Page 1 of 7 @BCL@280FEFC9.docx 2. Term. The term of this Agreement is for one year from January 1, 2022, through December 31, 2022. 3. Performance Requirements and Grants. Del Mar shall operate the Contractor Resource Center, which will provide job training by educating small businesses on the requirements of large company procurement, helping them get certified to qualify to bid on contracts, and providing them with information on where to find these contracts. Del Mar shall create or retain at least one full-time employee for the management of the Contractor Resource Center and shall provide the office space and any other materials needed to operate the Contractor Resource Center. Del Mar will provide an annual report detailing the contracts awarded, jobs created/retained through the contracts, and business expansions. The Corporation will pay to Del Mar, as a grant, an amount not to exceed $133,000 for the operation of the Contractor Resource Center. The Corporation will pay the grant to Del Mar as invoices are received. Del Mar will display signage that states that they are recipients of Type A funding. This signage will be provided to Del Mar by the Corporation and will be displayed in a location that is visible to a visitor to their Center for Economic Development on Staples Street. 4. Living Wage Requirement. In order to count as a permanent full-time job under this agreement, the job should provide a "living wage" for the employee. The target living wage under this agreement is that annual amount equal or greater than poverty level for a family of three, established by the U.S. Department of Health and Human Services Poverty Guidelines, divided by 2,080 hours per year for that year. 5. Health Insurance. To qualify for this incentive, an employer shall certify that it has offered a health insurance program for its full-time employees during the term of the Agreement. 6. Warranties. Del Mar warrants and represents to Corporation the following: a. Del Mar is a Texas institution of higher learning duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. Del Mar has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. Del Mar has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all taxes, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid, during the term of this Agreement. d. Del Mar has access to the Texas Development Corporation Act, Title 12, Subtitle C1 (Chapters 501 — 507), Texas Local Government Code, on the State's website, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. Page 2 of 7 @BCL@280FEFC9.docx e. The person executing this Agreement on behalf of Del Mar is duly authorized to execute this Agreement on behalf of Del Mar. f. Del Mar does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, Del Mar is convicted of a violation under 8 U.S.C. Section 1324a(f), Del Mar shall repay the payments received under this Agreement to the City, with interest at the Wall Street Journal Prime Rate, not later than the 120th day after the date Del Mar has been notified of the violation. 7. Compliance with Laws. During the Term of this Agreement, Del Mar shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 8. Non-Discrimination. Del Mar covenants and agrees that Del Mar will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 9. Force Majeure. If the Corporation or Del Mar is prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or Del Mar are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 10. Assignment. Del Mar may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 11. Events of Default by Del Mar. The following events constitute a default of this Agreement by Del Mar: a. The Corporation or City determines that any representation or warranty on behalf of Del Mar contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; b. Del Mar fails to comply with one or more terms of this Agreement. 12. Notice of Default. Should the Corporation or City determine that Del Mar is in default according to the terms of this Agreement, the Corporation or City shall notify Del Mar in writing of Page 3 of 7 @BCL@280FEFC9.docx the event of default and provide 60 days from the date of the notice ("Cure Period") for Del Mar to cure the event of default. 13. Results of Uncured Default by Del Mar. After exhausting good faith attempts to address any default during the Cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of Del Mar, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. Del Mar shall immediately repay all funds paid by Corporation to them under this Agreement. b. Del Mar shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by Del Mar of all sums due, the Corporation and Del Mar shall have no further obligations to one another under this Agreement. 14. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of Del Mar's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Del Mar is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 15. Del Mar specifically agrees that Corporation shall only be liable to Del Mar for the actual amount of the money grants to be conveyed to Del Mar, and shall not be liable to Del Mar for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total Page 4 of 7 @BCL@280FEFC9.docx sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties'grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from Del Mar to be accompanied by all necessary supporting documentation. 16. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council; that each fiscal year's funding must be included in the budget for that year; and the funding is not effective until approved by the City Council. 17. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Del Mar College: Del Mar College Attn: Lenora Keas Vice-President of Workforce Development and Strategic Initiatives 101 Baldwin Blvd Corpus Christi, Texas 78404-3897 Corporation: Corpus Christi B Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager 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. 18. Incorporation of other documents. The Type A Guidelines, as amended, are incorporated into this Agreement. Page 5 of 7 @BCL@280FEFC9.docx 19. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 20. Relationship of Parties. In performing this Agreement, both the Corporation and Del Mar will 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. 21. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 22. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 23. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 24. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and Del Mar. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 25. Survival of terms of Agreement and obligations of parties. The terms of this Agreement and the obligation of the parties relating to Section 14.a and b shall survive the termination of this Agreement. Page 6 of 7 @BCL@280FEFC9.docx APPROVED AS TO FORM: day of , 2021. Aimee Alcorn-Reed Assistant City Attorney For City Attorney Corpus Christi B Corporation By: Scott Harris President Date: Attest: By: Rebecca Huerta Assistant Secretary Del Mar College By: Lenora Keas Vice-President of Workforce Development and Strategic Initiatives Date: THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 2021, by Lenora Keas, Vice-President, Del Mar College, a political subdivision of the State of Texas, on behalf of the college district. Notary Public State of Texas Page 7 of 7 @BCL@280FEFC9.docx SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI B CORPORATION AND DEL MAR COLLEGE FOR DEL MAR COLLEGE'S PROCUREMENT TECHNICAL ASSISTANCE CENTER This Small Business Incentives Agreement ("Agreement") is entered into between the Corpus Christi B Corporation ("Corporation") and Del Mar College, a Texas institution of higher learning ("Del Mar"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now Title 12, Subtitle C1 (Chapters 501 — 507), Texas Local Government Code, 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 of Corpus Christi, Texas ("City") passed Proposition 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 repair 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; WHEREAS,the Corpus Christi B Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on August 16, 2021, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council approved on August 31, 2021; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that small business development funds be provided to Del Mar, through this Agreement with Del Mar, to be used by Del Mar, which seeks to create at least one new job for every$50,000 in contracts awarded to businesses within the City who are awarded contracts with Federal, State, or local agencies through Del Mar College's Procurement Technical Assistance Center's activities; In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Del Mar agree as follows: Page 1 of 7 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement or the date on which this Agreement is approved by City Council, whichever is later. 2. Term. The term of this Agreement is for one year from January 1, 2022, through December 31, 2022. 3. Performance Requirements and Grants. Del Mar shall educate small businesses on the requirements of government procurement, help them get certified to qualify to bid on contracts, and give them access to a portal to find these contracts. Del Mar shall create or retain at least one full-time employee for the management of the Procurement Technical Assistance Center and shall provide the office space and any other materials needed to operate the Procurement Technical Assistance Center. Del Mar will provide an annual report detailing the contracts awarded, jobs created/retained through the contracts, and business expansions. The grant shall not to exceed $99,500.00. The Corporation will pay the grant to Del Mar as invoices are received. Del Mar will display signage that states that they are recipients of Type A funding. This signage will be provided to Del Mar by the Board and will be displayed in a location that is visible to a visitor to their facility. 4. Living Wage Requirement. In order to count as a permanent full-time job under this agreement, the job should provide a "living wage" for the employee. The target living wage under this agreement is that annual amount equal or greater than poverty level for a family of three, established by the U.S. Department of Health and Human Services Poverty Guidelines, divided by 2,080 hours per year for that year. 5. Health Insurance. To qualify for this incentive, an employer shall certify that it has offered a health insurance program for its full-time employees during the term of the Agreement. 6. Warranties. Del Mar warrants and represents to Corporation the following: a. Del Mar is a Texas institution of higher learning duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. Del Mar has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. Del Mar has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all taxes, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid, during the term of this Agreement. d. Del Mar has access to the Texas Development Corporation Act, Title 12, Subtitle C1 (Chapters 501 — 507), Texas Local Government Code, on the State's website, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. Page 2 of 7 e. The person executing this Agreement on behalf of Del Mar is duly authorized to execute this Agreement on behalf of Del Mar. f. Del Mar does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, Del Mar is convicted of a violation under 8 U.S.C. Section 1324a(f), Del Mar shall repay the payments received under this Agreement to the City, with interest at the Wall Street Journal Prime Rate, not later than the 120th day after the date Del Mar has been notified of the violation. 7. Compliance with Laws. During the Term of this Agreement, Del Mar shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 8. Non-Discrimination. Del Mar covenants and agrees that Del Mar will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 9. Force Majeure. If the Corporation or Del Mar is prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or Del Mar are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 10. Assignment. Del Mar may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 11. Events of Default by Del Mar. The following events constitute a default of this Agreement by Del Mar: a. The Corporation or City determines that any representation or warranty on behalf of Del Mar contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; b. Del Mar fails to comply with one or more terms of this Agreement. 12. Notice of Default. Should the Corporation or City determine that Del Mar is in default according to the terms of this Agreement, the Corporation or City shall notify Del Mar in writing of Page 3 of 7 the event of default and provide 60 days from the date of the notice ("Cure Period") for Del Mar to cure the event of default. 13. Results of Uncured Default by Del Mar. After exhausting good faith attempts to address any default during the Cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of Del Mar, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. Del Mar shall immediately repay all funds paid by Corporation to them under this Agreement. b. Del Mar shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by Del Mar of all sums due, the Corporation and Del Mar shall have no further obligations to one another under this Agreement. 14. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of Del Mar's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Del Mar is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 15. Del Mar specifically agrees that Corporation shall only be liable to Del Mar for the actual amount of the money grants to be conveyed to Del Mar, and shall not be liable to Del Mar for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total Page 4 of 7 sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties'grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from Del Mar to be accompanied by all necessary supporting documentation. 16. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council; that each fiscal year's funding must be included in the budget for that year; and the funding is not effective until approved by the City Council. 17. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Del Mar College: Del Mar College Attn: Lenora Keas Vice-President of Workforce Development and Strategic Initiatives 101 Baldwin Blvd Corpus Christi, Texas 78404-3897 Corporation: Corpus Christi B Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager 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. 18. Incorporation of other documents. The Type A Guidelines, as amended, are incorporated into this Agreement. Page 5 of 7 19. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 20. Relationship of Parties. In performing this Agreement, both the Corporation and Del Mar will 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. 21. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 22. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 23. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 24. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and Del Mar. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 25. Survival of terms of Agreement and obligations of parties. The terms of this Agreement and the obligation of the parties relating to Section 14.a and b shall survive the termination of this Agreement. Page 6 of 7 APPROVED AS TO FORM: day of , 2021. Aimee Alcorn-Reed Assistant City Attorney For City Attorney Corpus Christi B Corporation By: Scott Harris President Date: Attest: By: Rebecca Huerta Assistant Secretary Del Mar College By: Lenora Keas Vice-President of Workforce Development and Strategic Initiatives Date: THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 2021, by Lenora Keas, Vice-President, Del Mar College, a political subdivision of the State of Texas, on behalf of the college district. Notary Public State of Texas Page 7 of 7 SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI B CORPORATION AND DEL MAR COLLEGE FOR AN INTERN PROGRAM TO SUPPORT SMALL BUSINESSES This Small Business Incentives Agreement for ("Agreement") is entered into between the Corpus Christi B Corporation ("Corporation") and Del Mar College, a Texas institution of higher education ("Del Mar"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now Title 12, Subtitle C1 (Chapters 501 — 507), Texas Local Government Code, 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 of Corpus Christi, Texas ("City") passed Proposition 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 repair 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; WHEREAS,the Corpus Christi B Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on August 16, 2021, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council approved on August 31, 2021; WHEREAS, Section 501.073 of The Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, Del Mar has requested business development funds from the Board to assist businesses by providing access to students, who will serve as interns in professional level positions; WHEREAS, the small businesses will pay student interns minimum wage (currently $7.25 per hour) and Del Mar will match the business contribution up to $5.00 per hour. WHEREAS, the interns will be selected based on the needs of the small businesses with the goal of providing the small businesses with resources that make the small businesses more effective and provide growth opportunities; WHEREAS, the primary goal of the program is to provide support to small businesses in Corpus Christi that will encourage growth, retention, economic development, and job creation; Page 1 of 9 WHEREAS, the goal of the project is the creation of 1 new full time job for every 10 internship positions funded (a 10% new job "return on investment"); WHEREAS, a secondary benefit of the small business intern program is providing students real- world experience, while they are making a living wage without working extended hours and developing potential full-time employment opportunities following graduation; In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Del Mar agree as follows: 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement is for fifteen months from January 1, 2022, through December 31, 2022. 3. Grant. a. The Corporation will grant Del Mar an incentive of up to $100,000.00, which must be used to fund up to$5.00 per hour the salary of up to a total of the interns during the Spring Semester of 2022, Summer Session in 2022, and the Fall Semester 2022, and the entire salary on two interns hired to help administer the program during the Fall and Spring Semesters and Summer Session. The interns will be paid $12.25 per hour, while participating in Del Mar's Small Business Employer Intern Program. b. The Corporation's grant is conditioned upon Del Mar's successful completion of the terms of this Agreement. c. The Corporation's grant shall be paid in monthly installments based upon evidence of the amount paid by Del Mar to the small business employers during the prior month. 4. Del Mar's Duties and Responsibilities. a. Del Mar shall provide administrative oversight and direct supervision for the placement of interns in the Del Mar's Business Employer Intern Program. b. Del Mar shall create and maintain not less than two part-time intern (2) employment positions to assist in the Business Employer Intern Program in Corpus Christi, Nueces County, Texas, during the term of this Agreement. The intern must be paid $12.25 per hour. c. Del Mar shall place, with businesses in Corpus Christi, up to the total number of interns specified in Schedule A, during the academic year. (1) Since the primary goal of the Del Mar's Business Employer Intern Program is to provide support to small businesses in Corpus Christi that will encourage growth, retention, economic development, and job creation, placements must be based on the needs of the small business with the goal of providing the small business with resources that make the business more effective and provide growth opportunities for the businesses. Page 2 of 9 (2)Additionally, interns may be placed at companies that need work skills that have been supported by the Corporation such as Process and Instrumentation and Aviation skills. (3) For the purpose of this section a small business may include chambers of commerce, non-profit organizations, and other entities that will use the intern to assist existing, start-up, and home based small businesses in the City; recruit new small business to the City; assist the expansion of existing small businesses in the City; help entrepreneurs create start-up businesses; or help the owners and managers of small businesses develop their businesses. d. Del Mar shall ensure that the business employer of each intern pays the student intern the minimum wage, and Del Mar shall match the small business employer's payments to the interns up to $5.00 per hour. e. Del Mar shall try to place the interns for 19 hours per week and 12 weeks per semester or summer session. f. Del Mar shall work with the businesses that receive interns under the program to encourage the creation of permanent full time jobs for the interns or similarly qualified individuals. 5. Job Creation/Training Qualification. a. In order to count as a created job under this Agreement, the job must pay wages at least as high as the wages required by Section 501.162 of the Act, which is the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. b. In order to qualify for funds to provide job training under this Agreement, Del Mar agrees to create new jobs that pay wages at least as high as the wages required by Section 501.162 of the Act, which is the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. c. A "job" is defined in the Type A Guidelines as a full-time employee, contractor, consultant, or leased employee who has a home address in the Corpus Christi MSA. d. Del Mar agrees to confirm and document to the Corporation that the minimum number of jobs created as a result of funding provided by this Agreement is maintained throughout the term by the Business. e. Del Mar agrees to provide Corporation with a sworn certificate by an authorized representative of each business assisted under this Agreement certifying the number of full-time permanent employees employed by the business. f. Del Mar shall ensure that the Corporation is allowed reasonable access to personnel records of the businesses assisted under this Agreement. 6. Reports and Monitoring. Page 3 of 9 a. Del Mar shall provide a report at the end of each semester or summer session certifying the status of compliance through the life of the Agreement. Documentation for jobs may be in the form of quarterly IRS 941 returns, TAMUCC employer Quarterly Reports, or employee rosters and other reports listed below: i. number of interns ii. name of companies using interns iii. intern duties iv. whether the intern received a job at that company V. whether the intern received a job in the area. b. Del Mar, during normal working hours shall allow the Corporation and its designee, Corpus Christi Regional Economic Development Corporation, reasonable access to Del Mar's employment records and books, to verify employment and all other relevant records related to each of the other economic development considerations and incentives, as stated in this Agreement, but the confidentiality of the records and information must be maintained by Corporation and its designee, unless such records and information shall be required by a court order, a lawfully issued subpoena, or at the direction of the Office of the Texas Attorney General. 7. Warranties. Del Mar warrants and represents to Corporation the following: a. Del Mar is a Texas institution of higher education duly organized, validly existing, and in good standing under the laws of the State of Texas, and further has all institutional power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. Del Mar has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. Del Mar has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid , during the term of this Agreement. d. Del Mar has received a copy of the Act, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. The parties executing this Agreement on behalf of Del Mar are duly authorized to execute this Agreement on behalf of Del Mar. f. Del Mar does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, Del Mar is convicted of a violation under 8 U.S.C. Section 1324a(f), Del Mar shall repay the payments at the rate and according to the terms as specified by City Ordinance, as amended, not later than the 120th day after the date Del Mar has been notified of the violation. 8. Compliance with Laws. Del Mar shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. Page 4 of 9 9. Non-Discrimination. Del Mar covenants and agrees that Del Mar will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 10. Force Majeure. If the Corporation or Del Mar are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or Del Mar are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 11. Assignment. Del Mar may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 12. Indemnity. To the extent authorized by law Del Mar covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ("Indemnitees') against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with Del Mar activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. Del Mar must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 13. Events of Default by Del Mar. The following events constitute a default of this Agreement by Del Mar: a. The Corporation or City determines that any representation or warranty on behalf of Del Mar contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made. b. Any judgment is assessed against Del Mar or any attachment or other levy against the property of Del Mar with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. c. Del Mar makes an assignment for the benefit of creditors. d. Del Mar files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. e. If taxes owed by Del Mar become delinquent, and Del Mar fails to timely and properly follow the legal procedures for protest or contest. Page 5 of 9 f. Del Mar changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. 14. Notice of Default. Should the Corporation or City determine that Del Mar is in default according to the terms of this Agreement, the Corporation or City shall notify Del Mar in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for Del Mar to cure the event of default. 15. Results of Uncured Default by Del Mar. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of Del Mar, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period: a. Del Mar shall immediately repay all funds paid by Corporation to them under this Agreement. b. Del Mar shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by Del Mar of all sums due, the Corporation and Del Mar shall have no further obligations to one another under this Agreement. d. Neither the City, the Corporation, nor Del Mar may be held liable for any consequential damages. 16. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of Del Mar's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Del Mar is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 17. Del Mar specifically agrees that Corporation shall only be liable to Del Mar for the actual amount of the money grants to be conveyed to Del Mar, and shall not be liable to Del Mar for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to Page 6 of 9 budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties'grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from Del Mar to be accompanied by all necessary supporting documentation. 18. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council; that each fiscal year's funding must be included in the budget for that year; and the funding is not effective until approved by the City Council. 19. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Del Mar: Del Mar College Attn: President 101 Baldwin Corpus Christi, Texas 78404 Corporation: Corpus Christi B Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager 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. 20. Incorporation of other documents. The Corpus Christi B Corporation Guidelines and Criteria for Granting Business Incentives ("Corporation Guidelines"), as amended, are incorporated into this Agreement. 21. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. Page 7 of 9 22. Relationship of Parties. In performing this Agreement, both the Corporation and Del Mar will 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. 23. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 24. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 25. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 26. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and Del Mar. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 27. Survival of terms of Agreement and obligations of parties. The terms of this Agreement shall survive the termination of this Agreement. Page 8 of 9 APPROVED AS TO FORM: day of , 2021. Aimee Alcorn-Reed Assistant City Attorney For City Attorney Corpus Christi B Corporation By: Scott Harris President Date: Attest: By: Rebecca Huerta Assistant Secretary Del Mar College By: Dr. Mark Escamilla, Ph.D President Date: THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 2021, by Dr. Mark Escamilla, Ph.D, for Del Mar College, a political subdivision of the State of Texas, on behalf of the college district. Notary Public State of Texas Page 9 of 9 SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI B CORPORATION AND DEL MAR COLLEGE FOR DEL MAR COLLEGE'S SMALL BUSINESS DEVELOPMENT CENTER This Small Business Incentives Agreement ("Agreement') is entered into between the Corpus Christi B Corporation ("Corporation") and Del Mar College, a Texas institution of higher learning ("Del Mar"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now Title 12, Subtitle C1 (Chapters 501 — 507), Texas Local Government Code, 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 of Corpus Christi, Texas ("City") passed Proposition 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 repair 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; WHEREAS,the Corpus Christi B Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on August 16, 2021, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council approved on August 31, 2021; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that small business development funds be provided to Del Mar, through this Agreement with Del Mar, to be used by Del Mar, which will help fund the Small Business Development Center (SBDC) within the City to continue to advise and help small businesses start, grow, and create jobs and investment within the City; In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Del Mar agree as follows: 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement or the date on which this Agreement is approved by City Council, whichever is later. Page 1 of 7 @BCL@FCOF8FO3 2. Term. The term of this Agreement is for one year from January 1, 2022, through December 31, 2022. 3. Performance Requirements and Grants. Del Mar shall operate, on a continuous basis, the SBDC to advise and help small businesses start, grow, and create jobs and investment within the City. The SBDC will operate with regular business hours, at least 40 hours per week, throughout the term of this Agreement. The grant shall be $150,000 for the one-year term. The Corporation will pay the $150,000 in January to Del Mar. Del Mar will maintain current staff levels to the best of its ability and contribute at least $150,000 to the SBDC for the term of this agreement. Del Mar will display signage that states that they are recipients of Type A funding. This signage will be provided to Del Mar by the Board and will be displayed in a location that is visible to a visitor to their Center for Economic Development on Staples Street. 4. Living Wage Requirement. In order to count as a permanent full-time job for purposes of annual reporting, the job should provide a "living wage" for the employee. The target living wage under this agreement is that annual amount equal or greater than poverty level for a family of three, established by the U.S. Department of Health and Human Services Poverty Guidelines, divided by 2,080 hours per year for that year. 5. Health Insurance. To qualify for this incentive, an employer shall certify that it has offered a health insurance program for its full-time employees during the term of the Agreement. 6. Warranties. Del Mar warrants and represents to Corporation the following: a. Del Mar is a Texas institute of higher learning duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. Del Mar has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. Del Mar has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all taxes, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid, during the term of this Agreement. d. Del Mar has access to the Texas Development Corporation Act, Title 12, Subtitle C1 (Chapters 501 — 507), Texas Local Government Code, on the State's website, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. The person executing this Agreement on behalf of Del Mar is duly authorized to execute this Agreement on behalf of Del Mar. Page 2 of 7 @BCL@FCOF8FO3 f. Del Mar does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, Del Mar is convicted of a violation under 8 U.S.C. Section 1324a(f), Del Mar shall repay the payments received under this Agreement to the City, with interest at the Wall Street Journal Prime Rate, not later than the 120th day after the date Del Mar has been notified of the violation. 7. Compliance with Laws. During the Term of this Agreement, Del Mar shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 8. Non-Discrimination. Del Mar covenants and agrees that Del Mar will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 9. Force Majeure. If the Corporation or Del Mar is prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or Del Mar are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 10. Assignment. Del Mar may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 11. Events of Default by Del Mar. The following events constitute a default of this Agreement by Del Mar: a. The Corporation or City determines that any representation or warranty on behalf of Del Mar contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; b. Del Mar fails to comply with one or more terms of this Agreement. 12. Notice of Default. Should the Corporation or City determine that Del Mar is in default according to the terms of this Agreement, the Corporation or City shall notify Del Mar in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for Del Mar to cure the event of default. Page 3 of 7 @BCL@FCOF8FO3 13. Results of Uncured Default by Del Mar. After exhausting good faith attempts to address any default during the Cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of Del Mar, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. Del Mar shall immediately repay all funds paid by Corporation to them under this Agreement. b. Del Mar shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by Del Mar of all sums due, the Corporation and Del Mar shall have no further obligations to one another under this Agreement. 14. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of Del Mar's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Del Mar is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 15. Del Mar specifically agrees that Corporation shall only be liable to Del Mar for the actual amount of the money grants to be conveyed to Del Mar, and shall not be liable to Del Mar for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall Page 4 of 7 @BCL@FCOF8FO3 receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties'grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from Del Mar to be accompanied by all necessary supporting documentation. 16. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council; that each fiscal year's funding must be included in the budget for that year; and the funding is not effective until approved by the City Council. 17. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Del Mar College: Del Mar College Attn: Lenora Keas Vice-President of Workforce Development and Strategic Initiatives 101 Baldwin Blvd Corpus Christi, Texas 78404-3897 Corporation: Corpus Christi B Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager 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. 18. Incorporation of other documents. The Type A Guidelines, as amended, are incorporated into this Agreement. 19. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. Page 5 of 7 @BCL@FCOF8FO3 20. Relationship of Parties. In performing this Agreement, both the Corporation and Del Mar will 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. 21. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 22. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 23. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 24. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and Del Mar. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 25. Survival of terms of Agreement and obligations of parties. The terms of this Agreement and the obligation of the parties relating to Section 14.a and b shall survive the termination of this Agreement. Page 6 of 7 @BCL@FCOF8FO3 APPROVED AS TO FORM: day of , 2021. Aimee Alcorn-Reed Assistant City Attorney For City Attorney Corpus Christi B Corporation By: Scott Harris President Date: Attest: By: Rebecca Huerta Assistant Secretary Del Mar College By: Lenora Keas Vice-President of Workforce Development and Strategic Initiatives Date: THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 2021, by Lenora Keas, Vice-President, Del Mar College, a political subdivision of the State of Texas, on behalf of the college district. Notary Public State of Texas Page 7 of 7 @BCL@FCOF8FO3 SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI B CORPORATION AND TEXAS A&M UNIVERSITY—CORPUS CHRISTI FOR AN INTERN PROGRAM TO SUPPORT SMALL BUSINESSES This Small Business Incentives Agreement for ("Agreement") is entered into between the Corpus Christi B Corporation ("Corporation") and Texas A&M University — Corpus Christi, a Texas institution of higher education ("TAMU-CC"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now Title 12, Subtitle C1 (Chapters 501 — 507), Texas Local Government Code, 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 of Corpus Christi, Texas ("City") passed Proposition 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 repair 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; WHEREAS, the Corpus Christi B Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on August 16, 2021, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council approved on August 31, 2021; WHEREAS, Section 501.073 of The Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, TAMU-CC has requested business development funds from the Board to assist businesses by providing access to students, who will serve as interns in professional level positions; WHEREAS, the small businesses will pay student interns minimum wage (currently $7.25 per hour) and TAMU-CC will match the business contribution up to $5.00 per hour. WHEREAS, the interns will be selected based on the needs of the small businesses with the goal of providing the small businesses with resources that make the small businesses more effective and provide growth opportunities; WHEREAS, the primary goal of the program is to provide support to small businesses in Corpus Christi that will encourage growth, retention, economic development, and job creation; Page 1 of 10 WHEREAS, the goal of the project is the creation of 1 new full time job for every 10 internship positions funded (a 10% new job "return on investment"); WHEREAS, a secondary benefit of the small business intern program is providing students real- world experience, while they are making a living wage without working extended hours and developing potential full-time employment opportunities following graduation; In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and TAMU-CC agree as follows: 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement shall be for a period of January 1, 2022 through December 31, 2022. 3. Grant. a. The Corporation will grant TAMU-CC an incentive of up to $100,000.00, which must be used to fund up to$5.00 per hour the salary of up to a total of the interns during the Spring Semester of 2022, Summer Session in 2022, and the Fall Semester 2022, and the entire salary on two interns hired to help administer the program during the Fall and Spring Semesters and Summer Session. The interns will be paid $12.25 per hour, while participating in TAMU-CC's Small Business Employer Intern Program. b. The Corporation's grant is conditioned upon TAMU-CC's successful completion of the terms of this Agreement. c. The Corporation's grant shall be paid in monthly installments based upon evidence of the amount paid by TAMU-CC to the small business employers during the prior month. 4. TAMU-CC's Duties and Responsibilities. a. TAMU-CC shall provide administrative oversight and direct supervision for the placement of interns in the TAMU-CC's Business Employer Intern Program. b. TAMU-CC shall create and maintain not less than two part-time intern (2) employment positions to assist in the Business Employer Intern Program in Corpus Christi, Nueces County, Texas, during the term of this Agreement. The intern must be paid $12.25 per hour. c. TAMU-CC shall place part-time interns with businesses in Corpus Christi. (1) Since the primary goal of the TAMU-CC's Business Employer Intern Program is to provide support to small businesses in Corpus Christi that will encourage growth, retention, economic development, and job creation, placements must be based on the needs of the small business with the goal of providing the small business with resources that make the business more effective and provide growth opportunities for the businesses. Page 2 of 10 (2)Additionally, interns may be placed at companies that need work skills that have been supported by the Corporation such as Process and Instrumentation and Aviation skills. (3) For the purpose of this section a small business may include chambers of commerce, non-profit organizations, and other entities that will use the intern to assist existing, start-up, and home based small businesses in the City; recruit new small business to the City; assist the expansion of existing small businesses in the City; help entrepreneurs create start-up businesses; or help the owners and managers of small businesses develop their businesses. d. TAMU-CC shall ensure that the business employer of each intern pays the student intern the minimum wage, and TAMU-CC shall match the small business employer's payments to the interns up to $5.00 per hour. e. TAMU-CC shall try to place the interns for 19 hours per week and 12 weeks per semester or summer session. f. TAMU-CC shall work with the businesses that receive interns under the program to encourage the creation of permanent full time jobs for the interns or similarly qualified individuals. 5. Job Creation/Training Qualification. a. In order to count as a created job under this Agreement, the job must pay wages at least as high as the wages required by Section 501.162 of the Act, which is the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. b. In order to qualify for funds to provide job training under this Agreement, TAMU-CC agrees to create new jobs that pay wages at least as high as the wages required by Section 501.162 of the Act, which is the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. c. A "job" is defined in the Type A Guidelines as a full-time employee, contractor, consultant, or leased employee who has a home address in the Corpus Christi Metropolitan Statistical Area ("MSA"). d. TAMU-CC agrees to confirm and document to the Corporation that the minimum number of jobs created as a result of funding provided by this Agreement is maintained throughout the term by the Business. e. TAMU-CC agrees to provide Corporation with a sworn certificate by an authorized representative of each business assisted under this Agreement certifying the number of full-time permanent employees employed by the business. f. TAMU-CC shall ensure that the Corporation is allowed reasonable access to personnel records of the businesses assisted under this Agreement. Page 3 of 10 6. Reports and Monitoring. a. TAMU-CC shall provide a report at the end of each semester or summer session certifying the status of compliance through the life of the Agreement. Documentation for jobs may be in the form of quarterly IRS 941 returns, TAMUCC employer Quarterly Reports, or employee rosters and other reports listed below: i. number of interns ii. name of companies using interns iii. intern duties iv. whether the intern received a job at that company V. whether the intern received a job in the area. b. TAMU-CC, during normal working hours and the term of this Agreement shall allow the Corporation and its designee, Corpus Christi Regional Economic Development Corporation, reasonable access to TAMU-CC's employment records and books, to verify employment and all other relevant records related to each of the other economic development considerations and incentives, as stated in this Agreement, but the confidentiality of the records and information must be maintained by Corporation and its designee, unless such records and information shall be required by a court order, a lawfully issued subpoena, or at the direction of the Office of the Texas Attorney General. 7. Warranties. TAMU-CC warrants and represents to Corporation the following: a. TAMU-CC is a Texas institution of higher education duly organized, validly existing, and in good standing under the laws of the State of Texas, and further has all institutional power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. TAMU-CC has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. TAMU-CC has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid , during the term of this Agreement. d. TAMU-CC has received a copy of the Act, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. The parties executing this Agreement on behalf of TAMU-CC are duly authorized to execute this Agreement on behalf of TAMU-CC. f. TAMU-CC does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, TAMU-CC is convicted of a violation under 8 U.S.C. Section 1324a(f), TAMU-CC shall repay the payments at the rate and according to the terms as specified by City Ordinance, as amended, not later than the 120th day after the date TAMU-CC has been notified of the violation. Page 4 of 10 8. Compliance with Laws. TAMU-CC shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 9. Non-Discrimination. TAMU-CC covenants and agrees that TAMU-CC will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 10. Force Majeure. If the Corporation or TAMU-CC are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or TAMU-CC are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 11. Assignment. TAMU-CC may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 12. Indemnity. To the extent authorized by Texas State law TAMU-CC covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents("Indemnitees')against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with TAMU-CC activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. TAMU-CC must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 13. Events of Default by TAMU-CC. The following events constitute a default of this Agreement by TAMU-CC: a. The Corporation or City determines that any representation or warranty on behalf of TAMU-CC contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made. b. Any judgment is assessed against TAMU-CC or any attachment or other levy against the property of TAMU-CC with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. c. TAMU-CC makes an assignment for the benefit of creditors. d. TAMU-CC files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. Page 5 of 10 e. If taxes owed by TAMU-CC become delinquent, and TAMU-CC fails to timely and properly follow the legal procedures for protest or contest. f. TAMU-CC changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. 14. Notice of Default. Should the Corporation or City determine that TAMU-CC is in default according to the terms of this Agreement, the Corporation or City shall notify TAMU-CC in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for TAMU- CC to cure the event of default. 15. Results of Uncured Default by TAMU-CC. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of TAMU-CC, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period: a. TAMU-CC shall immediately repay all funds paid by Corporation to them under this Agreement. b. Corporation may seek reasonable attorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by TAMU-CC of all sums due, the Corporation and TAMU-CC shall have no further obligations to one another under this Agreement. d. Neither the City, the Corporation, nor TAMU-CC may be held liable for any consequential damages permitted by law. 16. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of TAMU-CC's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time TAMU-CC is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 17. TAMU-CC acknowledges specifically agrees that Corporation shall only be liable to TAMU- CC for the actual amount of the money grants to be conveyed to TAMU-CC, and shall not be Page 6 of 10 liable to TAMU-CC for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. This Section will not apply to damages that cannot be excluded by law (in which event the liability shall be limited to the fullest extent permitted). Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from TAMU-CC to be accompanied by all necessary supporting documentation. 18. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council; that each fiscal year's funding must be included in the budget for that year; and the funding is not effective until approved by the City Council. 19. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: TAMU-CC: Texas A&M University— Corpus Christi Attn: Contracts Administration 6300 Ocean Drive, Unit 5731 Corpus Christi, Texas 78412 Email: contracts@TAMU-CC.edu Corporation: Corpus Christi B Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: Page 7 of 10 City of Corpus Christi Attn.: City Manager 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. 20. Incorporation of other documents. The Corpus Christi B Corporation Guidelines and Criteria for Granting Business Incentives ("Corporation Guidelines"), as amended, are incorporated into this Agreement. 21. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 22. Relationship of Parties. In performing this Agreement, both the Corporation and TAMU-CC will 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. 23. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 24. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 25. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 26. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and TAMU-CC. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 27. Survival of terms of Agreement and obligations of parties. The terms of this Agreement shall survive the termination of this Agreement. Page 8 of 10 28. Conflict of Interest. By executing this Agreement, Corporation and each person signing on behalf of Corporation certifies, and in the case of a sole proprietorship, partnership or corporation, each party thereto certifies as to its own organization, that to the best of their knowledge and belief, no member of The Texas A&M University System or The Texas A&M University System Board of Regents, nor any employee, or person, whose salary is payable in whole or in part by The Texas A&M University System or its members, has direct or indirect financial interest in the award of this Agreement, or in the services to which this Agreement relates, or in any of the profits, real or potential, thereof. [Signature Page Follows] Page 9 of 10 APPROVED AS TO FORM: day of 12021. Assistant City Attorney For City Attorney Corpus Christi B Corporation By: Scott Harris President Date: Attest: By: Rebecca Huerta Assistant Secretary Texas A&M University— Corpus Christi By: Dr. Kelly M. Miller President / CEO Date: THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 20217 by Kelly M. Miller for Texas A&M University— Corpus Christi, a political subdivision of the State of Texas, on behalf of the university. (Notary signature) Notary Public State of Texas My commission expires: Page 10 of 10 SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI B CORPORATION AND SERVICE CORPS OF RETIRED EXECUTIVES CHAPTER 221 FOR JOB TRAINING This Small Businesses Incentives Agreement ("Agreement") is entered into between the Corpus Christi B Corporation ("Corporation") and Service Corps of Retired Executives Chapter 221, a Washington D.C. nonprofit corporation ("SCORE"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now Title 12, Subtitle C1 (Chapters 501 — 507), Texas Local Government Code, 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 of Corpus Christi, Texas ("City") passed Proposition 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 repair 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; WHEREAS,the Corpus Christi B Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas. WHEREAS, the Board of Directors of the Corporation ("Board"), on August 16, 2021, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council approved on August 31, 2021; WHEREAS, Section 501.073 of The Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, SCORE will provide assistance to small businesses, persons, and entities desiring to begin and operate a small business in Corpus Christi by mentoring clients; conducting workshops; and advising clients as to business plans, pro-forma statements. forms of business entity, financial implications of business decisions, and all other aspects of small business operations; WHEREAS, SCORE proposes to retain an executive assistant/coordinator to assist SCORE volunteers in administrating the assistance program; and WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi. Texas that business development funds be provided to SCORE, through this Agreement with SCORE, to be used by SCORE to provide assistance to small businesses. Page 1 of 8 @BCL@280F3475.docx In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and SCORE agree as follows: 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement is for one year from October 1, 2021, through September 30, 2022. Per the guidelines, SCORE must reapply every year for the grant. 3. Performance Requirements and Grants. The Performance Requirements and Grants are listed below: • Corporation will reimburse SCORE by grant for all direct expenses related to the project. The total reimbursements may not exceed $70,000. No payments will be made before October 31, 2021. • SCORE will provide 1,620 hours of general and technical services to small businesses through volunteer counselors. • SCORE agrees to the following reporting and monitoring provisions, and failure to fully and timely comply with any one requirement is an act of default. • SCORE shall provide quarterly reports on its performance requirements. The reports must document: o Number of face to face consultations between SCORE volunteers and small business owners or prospective owners. o Number of workshops with description of workshop and number of attendees. o Number of small business owners or prospective owners who were provided counseling by email or on-line services. • SCORE, during normal working hours, at its Corpus Christi, Texas, facility, shall allow Corporation and its designee, the Corpus Christi Regional Economic Development Corporation ("CCREDC"), reasonable access to SCORE's employment records and books, to verify employment and all other relevant records related to each of the other economic development considerations and incentives, as stated in this agreement, but the confidentiality of records and information shall be maintained by Corporation and CCREDC, unless the records and information shall be required by a court order, a lawfully issued subpoena, or at the direction of the Office of the Texas Attorney General. this Agreement. 4. Utilization of Local Contractors and Suppliers SCORE agrees to exercise reasonable efforts in utilizing local contractors and suppliers in the construction of the Project, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business, with a goal of 50% of the total dollar amount of all construction contracts and supply agreements being paid to local contractors and suppliers. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. SCORE agrees, during the construction of the Project and for four years after Completion to maintain written records documenting the efforts of SCORE to comply with the Local Requirement and to provide an annual report to the City Manager or designee from which the City Manager or designee shall determine if SCORE is in compliance with this requirement. Failure to substantially comply with this requirement in the sole determination of the City Manager or designee, shall be a default hereunder. Page 2 of 8 @BCL@280F3475.docx 5. Utilization of Disadvantaged Business Enterprises (DBE). SCORE agrees to exercise reasonable efforts in utilizing contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women-owned business enterprises and historically-underutilized business enterprises. In order to qualify as a business enterprise under this provision, the firm must be certified by the City, the Regional Transportation Authority or another governmental entity in the jurisdiction of the home office of the business as complying with state or federal standards for qualification as such an enterprise. SCORE agrees to a goal of 30% of the total dollar amount of all construction contracts and supply agreements being paid to disadvantaged business enterprises, with a priority made for disadvantaged business enterprises which are local. SCORE agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of SCORE to comply with the DBE Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if SCORE is in compliance with this requirement. Failure to substantially comply with this requirement in the sole determination of the City Manager' or designee, shall be a default hereunder. For the purposes of this section, the term "local" as used to describe contractors and suppliers that are determined to be disadvantaged business enterprises including minority business enterprises women-owned business enterprises and historically-underutilized business enterprises includes firms, businesses and persons who reside in or maintain an office within a 50 mile radius of Nueces County 6. Living Wage Requirement. In order to count as a permanent full-time job under this agreement, the job should provide a "living wage" for the employee. The target living wage under this agreement is that annual amount equal or greater than poverty level for a family of three, established by the U.S. Department of Health and Human Services Poverty Guidelines, divided by 2,080 hours per year for that year. 7 Health Insurance. To qualify for this incentive an employer shall certify that it has offered a health insurance program for its employees during the term of the Agreement. 8. Warranties. SCORE warrants and represents to Corporation the following: a SCORE is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. SCORE has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. SCORE has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid, during the term of this Agreement. d. SCORE has received a copy of the Act, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e.The person executing this Agreement on behalf of SCORE is duly authorized to execute this Agreement on behalf of SCORE. f. SCORE does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, SCORE is convicted of a violation under 8 U.S.C. Section 1324a(f), SCORE shall repay the payments received under this Agreement to the City, with interest at the Wall Street Journal Prime Rate, not later than the 120th day after the date SCORE has been notified of the violation. Page 3 of 8 @BCL@280F3475.docx 9. Compliance with Laws. During the Term of this Agreement, SCORE shall observe and obey all applicable laws ordinances, regulations.. and rules of the Federal State, county, and city governments. 10. Non-Discrimination. SCORE covenants and agrees that SCORE will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at on or in the Facility on the grounds of race religion, national origin, marital status, sex, age disability, or in any manner prohibited by the laws of the United States or the State of Texas. 11. Force Majeure. If the Corporation or SCORE is prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies fires.. floods, governmental restraint or regulation, other causes of force majeure or by reason of circumstances beyond its control, then the obligations of the Corporation or SCORE are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 12. Assignment. SCORE may not assign all or any part of its rights privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void and constitutes a breach of this Agreement. 13. Indemnity. SCORE covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ("Indemnitees") against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with SCORE activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. SCORE must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 14. Events of Default by SCORE. The following events constitute a default of this Agreement by SCORE: a. The Corporation or City determines that any representation or warranty on behalf of SCORE contained in this Agreement or in any financial statement, certificate, report, or opinion Page 4 of 8 @BCL@280F3475.docx submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; b. Any judgment is assessed against SCORE or any attachment or other levy against the property of SCORE with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. c. SCORE makes an assignment for the benefit of creditors. d. SCORE files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. e. If taxes owed by SCORE become delinquent, and SCORE fails to timely and properly follow the legal procedures for protest or contest. f. SCORE changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. g. SCORE fails to comply with one or more terms of this Agreement. 15. Notice of Default. Should the Corporation or City determine that SCORE is in default according to the terms of this Agreement, the Corporation or City shall notify SCORE in writing of the event of default and provide 60 days from the date of the notice ("Cure Period))) for SCORE to cure the event of default. 16. Results of Uncured Default by SCORE. After exhausting good faith attempts to address any default during the Cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of SCORE, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. SCORE shall immediately repay all funds paid by Corporation to them under this Agreement. b. SCORE shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by SCORE of all sums due, the Corporation and SCORE shall have no further obligations to one another under this Agreement. 17. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of SCORE's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time SCORE is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 18. SCORE specifically agrees that Corporation shall only be liable to SCORE for the actual amount of the money grants to be conveyed to SCORE, and shall not be liable to SCORE for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court Page 5 of 8 @BCL@280F3475.docx for any act of default by Corporation under the terms of this Agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year. less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from SCORE to be accompanied by all necessary supporting documentation. 19. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council; that each fiscal year's funding must be included in the budget for that year: and the funding is not effective until approved by the City Council. 20 Notices. a. Any required written notices shall be sent mailed certified mail, postage prepaid, addressed as follows SCORE Chapter 221: SCORE 221 Chapter Chair 2820 South Padre Island Drive Suite 108 Corpus Christi, Texas 78408 Corporation Corpus Christi B Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn. City Manager 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 21. Incorporation of other documents. The Type A Guidelines, as amended, are incorporated into this Agreement. 22. Amendments or Modifications No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. Page 6 of 8 @BCL@280F3475.docx 23. Relationship of Parties. In performing this Agreement, both the Corporation and SCORE will 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. 24. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 25. Severability. a. If for any reason, any section, paragraph subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose b. To the extent that any clause or provision is held illegal invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 26. Venue. Venue for any legal action related to this Agreement is in Nueces County Texas. 27. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and SCORE. Any prior Agreements promises, negotiations, or representations verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 28. Survival of terms of Agreement and obligations of parties. The terms of this Agreement and the obligation of the parties relating to Section 14.a and b shall survive the termination of this Agreement. Page 7 of 8 @BCL@280F3475.docx APPROVED AS TO FORM: day of 12021. Aimee Alcorn-Reed Assistant City Attorney For City Attorney Corpus Christi B Corporation By: Scott Harris President Date: Attest: By: Rebecca Huerta Assistant Secretary Service Corps of Retired Executives Chapter 221 By: Debbie Fernandez SCORE Chapter Chair Date: THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 20217 by Debbie Fernandez, as Chair of Service Corps of Retired Executive Chapter 221, a Washington D.C. non- profit corporation, on behalf of the corporation. Notary Public State of Texas Page 8 of 8 @BCL@280F3475.docx SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI B CORPORATION AND LIFTFUND, INC. FOR AN INTEREST BUY DOWN PROGRAM FOR SMALL BUSINESSES This Small Businesses Incentives Agreement for an Interest Buy Down Program for Small Businesses ("Agreement') is entered into between the Corpus Christi B Corporation ("Corporation") and LiftFund, Inc., a Texas nonprofit corporation WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now Title 12, Subtitle C1 (Chapters 501 — 507), Texas Local Government Code, 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 of Corpus Christi, Texas ("City") passed Proposition 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 repair 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; WHEREAS,the Corpus Christi B Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas. WHEREAS, the Board of Directors of the Corporation ("Board"), on August 16, 2021, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council approved on August 31, 2021; WHEREAS, Section 501.073 of The Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, LiftFund is a Texas nonprofit corporation whose principal mission is to provide loans to small business owners lacking access to commercial credit; WHEREAS, LiftFund anticipates, over the next twelve months, providing interest buy down to 5.5% for approximately 60 loans with an average value of$25,000 to low and moderate income micro and small business owners in Corpus Christi to generate 20 new permanent full-time jobs; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to LiftFund, through this contract with LiftFund, to be used by LiftFund to buy down the interest on commercial loans to 5.5% interest for small businesses and establish a small business grant program, both of which will result in creation of new full-time permanent jobs in the city of Corpus Christi. In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and LiftFund agree as follows: Page 1 of 10 @BCL@ACOC1210 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement is for one year from October 1, 2021, through September 30, 2022. Per the guidelines, LiftFund must reapply every year for the grant. 3. Interest Buy Down Program. a. In consideration for creation and maintenance of new jobs as provided in this Agreement, the Corporation agrees to pay LiftFund up to $49,300 for the Interest Buy-Down Program as follows: i. LiftFund must first receive a request for a loan from a small business or start-up company that has the ability to produce jobs in the future and is located in Corpus Christi or will be locating in Corpus Christi ("Business") ii. The request from the applicant must include a notarized affidavit stating that they have applied for normal financing from a bank, or similar lending institution, and have been denied a loan. iii. LiftFund shall review the request for a loan from the Business. iv. Upon LiftFund approval of a loan, and prior to the closing of the loan, LiftFund shall submit Attachment "A" to the Corporation requesting funds to buy down the interest rate from the interest rate allowable per the underwriting criteria to 5.5% or 0% interest for loans related to recovery from damage caused by a hurricane. The Corporation authorizes an interest buy down up to 7% of the interest rate to finance the loan. Payment by Corporation shall not exceed $17,500 per loan and shall be calculated using the following formula: (Loan amount x interest rate to buy down to 5.5%) / 12 = N N x number of payments=interest buy down reimbursement to LiftFund for business loan. (The number of monthly payments shall not exceed sixty (60).) Example: ($10,000 x 7%) / 12 = 58.33 58.33 x 36 = $2,100 = amount to be reimbursed to LiftFund for business loan. v. The Corporation shall provide a response to approve or deny the reimbursement for the Interest Buy Down Program funds to LiftFund within 2 business days of receipt of Attachment "A." The Corporation shall reimburse funds within 30 days after evidence of closing the loan is submitted. vi. The total funds available on an annual basis under the Interest Buy Down Program under this agreement are $49,300. b. The loans assisted with the program must be within the range of$5,000 to $75,000. Page 2 of 10 @BCL@ACOC1210 c. This program must result in the creation of one permanent full-time job per every loan of at least $50,000 assisted with the Interest Buy Down Program. LiftFund shall ensure that the loan will result in the creation of one new full-time permanent job in the city of Corpus Christi. d. Businesses assisted through this program must be: i. A start-up or existing small business that is unable to obtain a loan from a traditional financial institution or unable to qualify for the total needed for a business loan through a bank or credit union, in which case LiftFund can loan the remaining amount with the buy down interest rate program in conjunction with the bank\credit union. ii. An existing small business that needs assistance to expand. iii. Any business assisted under the provisions of paragraphs i or ii of this subsection, must be: A. Located in or locating in Corpus Christi city limits. B. Current on payment of all sales taxes. C. Current on payment of all ad valorem taxes in the City of Corpus Christi. e. The following projects are ineligible for this program: i. Refinancing of existing loans or debt ii. Businesses located outside the Corpus Christi city limits iii. Home-based businesses iv. Loans to existing businesses which are not planning on expanding v. Business retention. f. LiftFund may use up to $49,300 to assist start-up and existing small businesses that have little or no access to traditional credit. g. LiftFund shall provide the Corporation with quarterly reports as provided in Attachment "B" to identify the loans made, name and address of the business receiving the loan, jobs created under the Interest Buy Down Program, and other reports as requested by the Corporation. h. LiftFund shall provide funds for operations and loan capital to implement and sustain the program. i. LiftFund shall develop loan underwriting criteria and payment terms and conditions for its loan program and provide to the Corporation. 4. Job Creation Qualification. Page 3 of 10 @BCL@ACOC1210 a. In order to count as a created job under this Agreement, the job must pay wages at least as high as the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. b. A "job" is defined in the Type A Guidelines as a full-time employee, contractor, consultant, or leased employee who has a home address in the Corpus Christi MSA. c. LiftFund agrees to confirm and document to the Corporation that each job created as a result of funding provided by this Agreement is maintained throughout the term of the loan to the Business. d. LiftFund agrees to provide Corporation with a sworn certificate by authorized representative of each shall business assisted under this Agreement certifying the number of full-time permanent employees employed by the small business. e. LiftFund shall ensure that the Corporation is allowed reasonable access to personnel records of the small businesses assisted under this Agreement. 5. Buy Local Provision. a. LiftFund agrees to use its best efforts to give preference and priority to local manufacturers, suppliers, contractors, and labor, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency. b. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50-mile radius of Nueces County. 6. Local Offices. Two staff persons of LiftFund offices shall be located in Corporation designated offices or a mutually agreeable location. 7. Representation on LiftFund governing board. LiftFund agrees to appoint a person designated by the Corporation as a member of LiftFund governing board. 8. Warranties. LiftFund warrants and represents to Corporation the following: a. LiftFund is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas, and further has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. LiftFund has the authority to enter into and perform, and will perform, the terms of this Agreement. c. LiftFund has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid, during the term of this Agreement. Page 4 of 10 @BCL@ACOC1210 d. LiftFund has received a copy of the Act and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. If an audit determines that the funds were not used for authorized purposes, LiftFund agrees to reimburse Corporation for the sums of money spent for purposes not authorized by law within 30 days written notice requesting reimbursement. f. The parties executing this Agreement on behalf of LiftFund are duly authorized to execute this Agreement on behalf of LiftFund. g. LiftFund does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, LiftFund is convicted of a violation under §U.S.C. Section 1324a(f), LiftFund shall repay the payments at the rate and according to the terms as specified by City Ordinance, as amended, not later than the 120th day after the date LiftFund has been notified of the violation. 9. Compliance with Laws. LiftFund shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 10. Non-Discrimination. LiftFund covenants and agrees that LiftFund will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 11. Force Majeure. If the Corporation or LiftFund is prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or LiftFund are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 12. Assignment. LiftFund may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 13. Indemnity. LiftFund covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ("Indemnitees') against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with LiftFund activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. LiftFund must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys Page 5 of 10 @BCL@ACOC1210 and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 14. Events of Default. The following events constitute a default of this Agreement: a. Failure of LiftFund to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Agreement. b. The Corporation or City determines that any representation or warranty on behalf of LiftFund contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made. c. Any judgment is assessed against LiftFund or any attachment or other levy against the property of LiftFund with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 30 days. d. LiftFund makes an assignment for the benefit of creditors. e. LiftFund files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. f. If taxes owed by LiftFund become delinquent, and LiftFund fails to timely and properly follow the legal procedures for protest or contest. g. LiftFund changes the general character of business as conducted of the date this Agreement is approved by the Corporation. 15. Notice of Default. Should the Corporation or City determine that LiftFund is in default according to the terms of this Agreement, the Corporation or City shall notify LiftFund in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for LiftFund to cure the event of default. 16. Results of Uncured Default. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of LiftFund, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. LiftFund shall immediately repay all funds paid by Corporation under this Agreement. b. LiftFund shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation. c. The Corporation shall have no further obligations to LiftFund under this Agreement. d. Neither the City nor the Corporation may be held liable for any consequential damages. e. The Corporation may pursue all remedies available under law. 17. No Waiver. Page 6 of 10 @BCL@ACOC1210 a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of LiftFund' default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time LiftFund is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 18. LiftFund specifically agrees that Corporation shall only be liable to LiftFund for the actual amount of the money grants to be conveyed to LiftFund, and shall not be liable to LiftFund for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this agreement, being October 1, 2017, through September 30, 2018. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from LiftFund to be accompanied by all necessary supporting documentation. 19. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: LiftFund: LiftFund, Inc. Attn.: Janie Barrera 2007 West Martin Street San Antonio, Texas 78207 Page 7 of 10 @BCL@ACOC1210 Corporation: Corpus Christi B Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager 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. 20. Incorporation of other documents. The Corpus Christi B Corporation Guidelines and Criteria for Granting Business Incentives ("Corporation Guidelines"), as amended, are incorporated into this Agreement. 21. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 22. Relationship of Parties. In performing this Agreement, both the Corporation and LiftFund will 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. 23. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 24. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. Page 8 of 10 @BCL@ACOC1210 25. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 26. Sole Agreement. This Agreement constitutes the sole agreement between Corporation and LiftFund. Any prior agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 27. Survival of terms of agreement and obligations of parties. The terms of this agreement and the obligation of the parties relating to the Interest Buy Down Program shall survive the termination of this agreement. [The remainder of the page intentionally left blank] Page 9 of 10 @BCL@ACOC1210 APPROVED AS TO FORM: day of , 2021. Aimee Alcorn-Reed Assistant City Attorney For City Attorney Corpus Christi B Corporation By: Scott Harris President Date: Attest: By: Rebecca Huerta Assistant Secretary LiftFund, Inc. By: Janie Barrera President and Chief Executive Officer Date: THE STATE OF TEXAS § COUNTY OF BEXAR § This instrument was acknowledged before me on 2021, by Janie Barrera, President and Chief Executive Officer for LiftFund, Inc., a Texas non-profit corporation, on behalf of the corporation. Notary Public State of Texas Page 10 of 10 @BCL@ACOC1210 so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 10/12/21 1852 Second Reading Ordinance for the City Council Meeting 10/19/21 DATE: August 19, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning a property at or near 4110 Molina Drive CAPTION: Zoning Case No. 0821-04, Michael Gallardo and Nancy Torres: (District 2) Ordinance rezoning property at or near 4110 Molina Drive from the "CN-1" Neighborhood Commercial District to the "RS-6" Single-Family 6 District. SUMMARY: The purpose of the rezoning request is to allow for the construction of a single-family home. BACKGROUND AND FINDINGS: The subject property totals 0.46 acres in size and is currently zoned "CN-1" Neighborhood Commercial District, consists of vacant land (former single-family home until the late 1970s). The subject property was annexed in 1954. To the north is a single-family residential home zoned "CN-1" Neighborhood Commercial District. To the south are single-family residential homes zoned "RS-6" Single-Family 6 District. To the east and west are single-family residential homes zoned "CN-1" Neighborhood Commercial District. Conformity to City Policy The subject property is located within the boundaries of the Westside Area Development Plan and is planned for a medium density 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. The former Corpus Christi Zoning Ordinance allowed single-family homes as a by right use in the former "B-1" Neighborhood Business District (now known as the "CN-1" Neighborhood Commercial District). Public Input Process Number of Notices Mailed 24 within 200-foot notification area 1 outside notification area As of August 19, 2021: In Favor In Opposition 0 inside notification area 1 inside notification area 0 outside notification area 0 outside notification area Totaling 1.88% 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"CN-1" Neighborhood Commercial District to the"RS-6" Single- Family 6 District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: The Planning Commission recommended approval of the zoning to the "CN-1" Neighborhood Commercial District to the "RS-6" Single-Family 6 District on August 18, 2021. Vote Count: For: 8 Opposed: 0 Absent: 1 Abstai ned: 0 Staff recommends approval of the zoning request. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0821-04, Michael Gallardo and Nancy Torres: (District 2) Ordinance rezoning property at or near 4110 Molina Drive from the "CN-1" Neighborhood Commercial District to the "RS-6" Single-Family 6 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 2, Block 2, Molina Unit 1 , as shown in Exhibit "K.- from the "CN-1" Neighborhood Commercial District to the "RS-6" Single-Family 6 District The subject property is located at or near 4110 Molina Drive. 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. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1 , Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 2 of 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 3 of 4 Exhibit A CN-4 CNA SUB:IEcrj PROPERTY cd .. J 44 m RS-6 Dare c,eared.-�,r�aaze 0 250 500 Repared By ReyA Feet Pgiartmenr of erefopment�erHca CASE: 0829-04 SUBJECT PROPERTY WITH ZONING as Su6jea �4Gp Prty c a SUBJECT PROPER RM-1 Multifamiy l IL Light RM-2 Multifam 3y2 H Heart'hdustnal RM-3 Muldfamlly3 puo Planned Unit Per,Orerlay ON Professiona10ff RS-f0 Single-Fam lly 10 RMAT MuItifam 3y A T RS-6 Single-Fan,iy6 �^ rpv. hr�sn bay CN-1 Neigh—l—odC--n,'al RS4.5 5ingle-Family 4.5 CN-2 Neighhortwod Commercel RSTF Two-Fam Ay CR-1 Resort Commercial RS 15 Single-Fam,ily 15 CR-2 Resort Commercial RE Res houslEstate CG1 General Commercal qE ReM.use CG-2 Ge—ICwnmerc'aI patio CI IMenslre Commercul SP 5 I n lV CBP flow Mown Commercial RV Recreationald Ia H—:Park 9a RMH Manu facturetl Home -. � - E CR d Resort Commercial - FR Farm Rural e cky of H H'stork;Orerlay '- er a`i e`s Pak Lco OCATION MAP o�� `�` cmn Page 4 of 4 PLANNING COMMISSION FINAL REPORT Case No. 0821-04 INFOR No. 21ZN1030 Planninq Commission Hearin Date: August 18, 2021 r- Owner: Michael Gallardo and Nancy Torres a Applicant: Michael Gallardo and Nancy Torres 0•CL Location Address: 4110 Molina Drive QLegal Description: Lot 2, Block 2, Molina Unit 1 , located along the east side of o Molina Drive, south of Horne Road, and east of Old Brownsville Road. From: "CN-1" Neighborhood Commercial District To: "RS-6" Single-Family 6 District io Area: 0.46 acres Purpose of Request: To allow for the construction of a single-family home. Existing Zoning District Existing Future Land Use Land Use Site "CN-1" Neighborhood Vacant Medium Density ca Commercial District Residential North "CN-1" Neighborhood Low Density Medium Density E Commercial District Residential Residential o N South "RS-6" Single-Family 6 District Low Density Medium Density Residential Residential JLow and Medium "CN-1" Neighborhood Medium Density X East Commercial District Density Residential Residential West "CN-1" Neighborhood Commercial Commercial Commercial District 06 Area Development Plan: The subject property is located within the boundaries 0- of the Westside Area Development Plan and is planned for a medium density residential use. The proposed rezoning to the "RS-6" Single-Family 6 District is a o consistent with the adopted Comprehensive Plan (Plan CC). Q City Council District: 3 Zoning Violations: None 0 Transportation and Circulation: The subject property has approximately 100 o feet of street frontage Molina Drive which is designated as a "Local/Residential' Street. According to the Urban Transportation Plan, "Local / Residential' Streets = can convey a capacity up to 500 Average Daily Trips (ADT). ca L Staff Report Page 2 Street Urban Transportation Proposed Existing Traffic � Plan Type Section Section Volume }' 50' ROW 50' ROW Not U Molina Drive "Local / Residential" 28' paved 20' paved Available Staff Summary: Development Plan: The subject property is 0.46 acres in size. The applicant is proposing the construction of a single-family home. Existing Land Uses & Zoning: The subject property is currently zoned "CN-1" Neighborhood Commercial District, consists of vacant land (former single-family home until the late 1970s). The subject property was annexed in 1954. To the north is a single- family residential home zoned "CN-1" Neighborhood Commercial District. To the south are single-family residential homes zoned "RS-6" Single-Family 6 District. To the east and west are single-family residential homes zoned "CN-1" Neighborhood Commercial District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. Utilities: • Water: 8-inch ACP line located along Molina Drive. • Wastewater: 8-inch VCP line located along Molina Drive. • Gas: 2-inch Service Line located along Molina Drive. • Storm Water: 24-inch line located along Molina Drive. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for a medium density residential use. The proposed rezoning to the "RS-6" Single-Family 6 District is consistent with the adopted Comprehensive Plan (Plan CC). The following policies should be considered: • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote the stabilization, revitalization, and redevelopment of older neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage the protection and enhancement of residential neighborhoods. (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 • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3) Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, and does not have a negative impact upon adjacent properties. • The former Corpus Christi Zoning Ordinance allowed single-family homes as a by right use in the former "B-1" Neighborhood Business District (now known as the "CN-1" Neighborhood Commercial District). Planning Commission and Staff Recommendation (August 18, 2021): Approval of the change of zoning from the "CN-1" Neighborhood Commercial District to the "RS-6" Single-Family 6 District. Number of Notices Mailed — 24 within 200-foot notification area. 1 outside notification area As of August 13, 2021: In Favor — 0 inside notification area _ — 0 outside notification area 0 In Opposition — 1 inside notification area — 0 outside notification area 0 Z Totaling 1 .88% of the land within the 200-foot notification area in opposition. a *Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom. The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet / Total square footage of all property in the notification area = Percentage of public opposition Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) Staff Report Page 4 HORN MN- 22 i& 74 24 CN-7 rJ O e 77 /0 2 5 1111' j osusrEcr PROPERFY 76 3 Qat++ 9 17 77 W 72 7 20 79 7 R5-6 13 27 95 naeereaed-71wzi e 250 500 FY.Pared 11 ReyR Feet pePartrnert[of evefopm-I�erricec CASE: 0821-04 ZONING 8 NOTICE AREA @ pear, RM-1 MultlFam ily7 IL Lght Industrial IH H-"Indk 4B J�C7 RM-2 Multlfamily2 ustrial RM-3 Multlfamily1 pLlp Planned Mt D—.Overlay ON Professional Office RS-70 SingltFamiy 10 W ; OPER 4��( RM-AT Alultifamily AT RSE Singk-Family6 CN-7 NeighlwrhoodCmkmercial RS-4.5 Single-Family 4.5 CN-2 Neigh horhood Commercial RS-TF Two-Family h GR-7 Resort Commercial RS-15 Simgle-Family 15 CR-2 Resort Cmrmercial RE Residential Estate �� rpu. Arisli Say CG7 General Gommerc'el RSTH Tanmhouse CG-2 Ge neral Commercal SP Special p—k CI Futens've Commerc ial RV Recreational Vehicle Park CBD Downtown Lommemial RxIH Manufxtured Home CR-3 Resort Commercial FRF—R-15 H H'storicO-r6y & �r BP Business Park 9 mw m ® Subied Pmper[ypmera City of❑ wtq 2f10'bufler Oielawr % ] 4°name h,200.0'h kdde X 0 LOCATION MAP �e rr cwti Staff Report Page 5 Persons with disabilities planning to attend this meeting,who may require special sennaes. are requested to wntact the Derveioprnent Services Department at least 48 hours on advance at(361)826-3240 Pamwas GQELI ides. q 9 tigngn I@ intend i of a este ilinta ue r reren lice n avi 4B horas .n la unto Raman I e aAarnento de servicios I al n6 r 3240 If you wish to address the Cornmfssioi'i during the meeting and your English is limited, please call the Development Services Department at(361 i 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting I usted dere# it a la commission du u 09!b es 6mitaed Ila r al departamento de serocios de 4gHrMllo al numero(3611826.3240 pi menus 48 hQfflj jintesde la r sol un ruts- rete.ser presents durante la tpta CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0877.04 Michael Gallardo and Nancy Torres has petitioned the City of Corpus Christi to consider a change of zoning from the"CN-1 Neighborhood Commercial District to the"RS-6"Sintale-Fanrtily 6 District not resultina in a charge to the Future Land Lige ilAap. The property to be rezoned is described as. 4110 Molina Drive and described as Lots 2, Block 2, Molina Unit 1, located along the east side of Molina Drive,south of Horne Road,and east of Old Brownsville Road. This Piwwn iy Cul Remission may recommend to City Council approval or denial,or approval of an intermilirliAiP zoning classification andlor Special Permit. Approval of a change of zoningif inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning The Planning Commission will conduct a pub4c hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will to held on Wednesday,_August 1§.2021,during one of the Planning Commission's regular meetings,which begins at 6.30 p.m.,in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more Information, please c,alt(361)$26-3240. r RF ON RECORD,THIS FORM MUST BE FILLED OUT,SIGNED BY THE CURRENT PROPERTY OWNERIS;•+SNI.•MAILED IN ITS ENTIRETY TO 7 H E DEVELOPMENT SER%ACES OEPARTMENf P O. Box 9277, CORPUS CHRIST`. Trxr,S 9277 ANY+NFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NATE: In accordance wfth the Planning Commission Ely-Uws,no discussion shall be held by a member or members of this Commission with an applicant or appsilant concerning an appllcatioDn or appeal.either at home or office,or in person, by telephone call or by letter, PrInted Name, 7 r e" v7-P1WC►e 4r,. �^ Address V,-efts. 2)• , City/State: ( } IN FAVOR ?C}IN OPPOSITION Phone REASON: . ,t 'f +tlGn- Q rse rr-4 2r—�- L/ S"gnat re -E VAr^!1RURC4'E�_ �-ii'atVi� :flii ut INFraii i:3;.(R ivc "ZN1,230 ^'r�.Ie:f'�ranage Andrew L7rrasr Prr rTy:Twrr.r Ifi 15 F ma•i Arc,-r.rW C,-�1•yk:.;'.^'<g rr.T Zoning Case #0821 -04 Michael Gallardo and Nancy Torres Rezoning for a Property at 4110 Molina Drive From "CN-1" To "RS-6" de F O O O u ti Homo Road PG3oPwry 9 g I D g o0 a City Council October 12,2021 Aerial Overview HORNE RD ,� II w PROPERTY;..,. = : Zoning Pattern and Adjacent Development N tBuffer Yards: Knims Road - RS-6 to CN-1: Type B: 10' & 10 pts. 2000 Setbacks: Street: 25 feet �gg4 Side & Rear: 5 feet ,,_w. PG.tOOPC�G35�f Parking: 2 per single-family home e Uses Allowed: Single-Family RIM � o � Detached Housing, Day care �Igg4 home, Educational Facilities, �g�' Place of Worship. Land Use Existing Land Use Future Land Use ►, HORN ARD ►, HDRNE-RD CN I N SUBJECT SUBJECT��' PROPERTY PROPERTY z O Vacant Med.Density Commercial O Low Density o Commercial O Mixed Use Residential Residential OLow Density O professional Office ParkGovernment Med.Density Permanent Residential O Residential Open Space 4 Public Notification 24 Notices mailed inside 200' buffer N 1 Notices mailed outside 200' buffer MO[dN E—INS Notification Area CR-1 aoQ 13 16 L 14 6 G 11 18 24 a Opposed: 1 (1 .88%) - Separate Opposed Owners. 1 z i / 5 o SUBJECT PROPERTY m a 4 17 17 W� 12 ] 16 In Favor: 0 (0.00%) 9 9 RS-6 1J 21 Xi5 Notified property owner's land in square feet/Total square footage of all property in the notification area = Percentage of public opposition rim a 5 Planning Commission and Staff Recommendation Approval of the "RS-6" Single-Family 6 District Utilities Homs R@ad N tWater: 8-inch ACP Wastewater: 8-inch VCP SUBJECT T g PROOPER7V 8 Gas: g 2-inch Service Line Storm Water: 24-inch Line 4� A0 r �p SUBJEGF , PROPERTY 1 y 1 s W 4 Jt a 2q0 CASE. 0821-04 AQIE Aerial with Subject Property a SUBJECT Subject x PROPERTY Property 5 r Map Scale: ?:1,2fld `•.�' ry9 o •.w City of tQCATlQN 119AP �¢w Christi so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 10/12/21 1852 Second Reading Ordinance for the City Council Meeting 10/19/21 DATE: August 19, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning a property at or near 6342 Old Brownsville Road CAPTION: Zoning Case No. 0821-05, Michael McDonough: (District 3) Ordinance rezoning property at or near 6342 Old Brownsville Road from the "RS-6" Single-Family 6 District to the "FR" Farm Rural District. SUMMARY: The purpose of the rezoning request is to allow for the continued use of horse stables. BACKGROUND AND FINDINGS: The subject property totals 14.89 acres in size and is currently zoned "RS-6" Single-Family 6 District and consists of horse stables that have been in operation since the 1970s. The subject property was annexed in 1962. To the north, east, and west are large tract vacant properties zoned "FR" Farm Rural District and "RS-6" Single-Family 6 District respectively. To the south are two single-family homes zoned "RS-6" Single-Family 6 District. Conformity to City Policy The subject property is located within the boundaries of the Westside Area Development Plan and is planned for a commercial use. The proposed rezoning is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map compatible with the adjoining properties. The proposed rezoning does not have a negative impact upon adjacent properties. The use has been in operation since the 1970s. The former Corpus Christi Zoning Ordinance did not allow farm, agricultural, and livestock uses by-right in the former "R-1B" One-Family Dwelling District (now known as the "RS-6" Single-Family 6 District). The proposed rezoning would bring the livestock use into compliance with the UDC. According to AICUZ Compatible Land Use Guidelines, a farm or livestock use is acceptable in the APZ-2 designated areas. Section 5.2.19 of the Unified Development Code (UDC) states, "A public or private stable shall be permitted in accordance with the use tables in Article 4 provided that the stable shall be located a minimum of 300 feet from a residential structure that is located on any property in separate ownership." Public Input Process Number of Notices Mailed 6 within 200-foot notification area 1 outside notification area As of August 19, 2021: I n Favor In Opposition 1 inside notification area 0 inside notification area 0 outside notification area 0 outside notification area Totaling 0.00% of the 200-foot notification area* is in opposition. "Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom.The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet/Total square footage of all property in the notification area=Percentage of public opposition ALTERNATIVES: 1. Denial of the zoning to the "RS-6" Single-Family 6 District to the "FR" Farm Rural District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: The Planning Commission recommended approval of the zoning to the "RS-6" Single-Family 6 District to the "FR" Farm Rural District on August 18, 2021. Vote Count: For: 8 Opposed: 0 Absent: 1 Abstai ned: 0 Staff recommends approval of the zoning request. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0821-05, Michael McDonough: (District 3) Ordinance rezoning property at or near 6342 Old Brownsville Road from the "RS-6" Single-Family 6 District to the "FR" Farm Rural District WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as being 14.89 acres situated in the "Rincon Del Oso" Enriquez Villareal Grant, A-1 , and being part of that same 16.437-acre tract described in a Warranty Deed recorded in Document No.2004027432 of the Nueces County Official Records, as shown in Exhibit "A": from the "RS-6" Single-Family 6 District to the "FR" Farm Rural District The subject property is located at or near 6342 Old Brownsville Road. Exhibit A, which is the Metes and Bounds of the subject property with an associated map attached to and incorporated in this ordinance. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1 , 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1 , Section 1 .10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 2 of 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021 , by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021 . ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 3 of 5 Exhibit A 14.9891 ACRES DESCRIPTION of tract or parcel of land cowl m :,n, 14.8891 acres.9itusted in the"Rincon Del Gsd' Enriqucx Villareal Grant,A-1,and beim ,F,:,rt t t11:i1 ,.irill, 16.13?;acre tract described in a Warranty Deed recorded in Document No.2004t727432 of the Nucces Co.,i I Ii,ml Records and bring more ftirlly described as follows: BEGINNING at a point for the Southwest comer of this• I I.}l8't 1 acre tract if, i ,<%d eAern line ofthe said 16. 37 acre tract located at the point of ill r,.is°ior,"Vith tttc t_ ,�rt,i.,(.'hristi City Limits Line alvei,heing the Northwest corner r•(a 1. 1 '.a.t;r'�mut out r,l-ihe will 16.437 acne tract; THENCE,N 01°27'12"W,with the Western line of rite said 16,437 acre tr:a,t.7 distaricr of 863.99 feet to the Northwest corner of the said 16.437 seri tract for the Nortlt«eyt comer of this 14.8891 acre being described.; THENCE,N 88°3 3'2-6-E.with the Nntthern line of the said 16.437 acre tract,a distance of 737.39 feet to the N.,i r°,L•,:It carr,:,r of tha saI, 16.4'3^ .Icre tract for the Northeast comer of this 11.8891 :pct 75�i:i :c- rif+cJ- 1'It•'%" S 01127 16"F.w•idi v,: f°a:t rn line, t thw-:-dd op ;3 acre trict.:i i' Ci'-;[ t 114- ��,rrrrrl.+lt����r:i:r�H1 11 ,'6d 16.4+7 ,rt'4• Ir.i.r }.vkr)l ..w re LL:iur; S r,Lr Jiq;' 11 tk_ ,•.IRII t1i ti,nrr.i, tcrn fine of the ,irlii li.•:.," acre tract, a Iivi,,rr•'r l wmr of the said ! ri I',;tract and this 1=.RK'71 .avtr h�isr.•cl��cril��til. IF11': f"1:.`ill •9 1S { 1Lt1t iwcrI ;: ilii,lineofsaid16.437acre ULI tr1a- .hlpata 1i.t,,rr i f --:ct tlic lir:° (,I +)Irl Brownsville Road i i •%I. r r,;y ill ;111 r .1,,'ilrr:l+°r '�".)rncr of thk 14.8891 mere u,i,:t anL. ILL: i I541`14 mire tr.!Lr rrr tli_h<•rtiaµcstrm margin of Old Brownsr•ilk Road at we r+,i.rt rr1 ir:'crr,rction with die t-grpii<t"iirl,li City Lirl line; I I I F NCF,N 610 51'21"W.•with Erie Corpus Christi City L1miN Line and the Northeast Ilia III rh.I%.ri,1 179 acre tr.r.1. k RKSing the° .rid 16.437 aert tract to the PLACE OF RF': ANNING; (ONT,i SLING lNit;rin tlr.� nictesandbounrf, i4.8891 acreaofrvhich 10,00W6 .•i4 being In tl c R.r-r "s .of Old ills'Rc,:r+l(F tl.665), Page 4 of 5 NW33'26*E rp,19' (Out Of f6.4J7 Ac. 7,--) r i av'roe (/a,,.r"Mgw;, F ped da W Page 5 of 5 PLANNING COMMISSION FINAL REPORT Case No. 0821-05 INFOR No. 21ZN1031 Planninq Commission Hearin Date: August 18, 2021 Owner: Michael McDonough Applicant: Michael McDonough r �a o Location Address: 6342 Old Brownsville Road M �.� Legal Description: 14.89 acres situated in the "Rincon Del Oso" Enriquez a u Villareal Grant, A-1 , and being part of that same 16.437-acre tract described in 0_06 a Warranty Deed recorded in Document No.2004027432 of the Nueces County Official Records, located along north side of Old Brownsville Road and west of Saratoga Boulevard State Highway 357). From: "RS-6" Single-Family 6 District To: "FR" Farm Rural District io Area: 14.89 acres Purpose of Request: To allow for the continued use of horse stables. Existing Zoning District Existing Future Land Use Land Use ca Site "RS-6" Single-Family 6 District Commercial Commercial a� N N North "FR" Farm Rural District Vacant Light Industrial o N South "RS-6" Single-Family 6 District Commercial Commercial T X East "FR" Farm Rural District Vacant Light Industrial West "RS-6" Single-Family 6 District Vacant Light Industrial Area Development Plan: The subject property is located within the boundaries 06 u, of the Westside Area Development Plan and is planned for a commercial use. M o The proposed rezoning to the "FR" Farm Rural District is generally consistent _ a with the adopted Comprehensive Plan (Plan CC) and warrants an amendment a o to the Future Land Use Map. Q City Council District: 3 Zoning Violations: None ° Transportation and Circulation: The subject property has approximately 350 feet of street frontage Old Brownsville Road which is designated as a "A3" ° Primary Arterial Street. According to the Urban Transportation Plan, "A3" a N Primary Arterial Streets can convey a capacity between 30,000 and 48,000 Average Daily Trips (ADT). Staff Report Page 2 Street Urban Transportation Proposed Existing Traffic Plan Type Section Section Volume O Old 130' ROW 120' ROW 6,737 ADT 0 Brownsville "C3" Primary Collector 79' paved 50' paved (2014) Road Staff Summary: Development Plan: The subject property is 14.89 acres in size. The applicant is proposing the continued use of horse stables. Existing Land Uses & Zoning: The subject property is currently zoned "RS-6" Single- Family 6 District and consists of horse stables that have been in operation since the 1970s. The subject property was annexed in 1962. To the north, east, and west are large tract vacant properties zoned "FR" Farm Rural District and "RS-6" Single-Family 6 District respectively. To the south are two single-family homes zoned "RS-6" Single-Family 6 District. AICUZ: The subject property is located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ), specifically Accident Potential Zone 2 (APZ-2). According to the Compatible Land Use Guidelines, a farm or livestock use is acceptable in the APZ-2 designated areas. Plat Status: The property is not platted. Utilities: • Water: 16-inch DIP line located along Old Brownsville Road. • Wastewater: 4-inch PVC FM line located along Old Brownsville Road. • Gas: 6-inch Service Line located along Old Brownsville Road. • Storm Water: Roadside ditches located along Old Brownsville Road. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for a commercial use. The proposed rezoning to the "FR" Farm Rural District is generally 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). • Continue to consider the compatibility of proposed uses with military airfield operations when making decisions on rezoning requests. (Future Land Use, Zoning, and Urban Design Policy Statement 4). Staff Report Page 3 • Avoid development that is incompatible with the operation of military airfields and the airport. (Future Land Use, Zoning, and Urban Design Policy Statement 4). Department Comments: • The proposed rezoning is generally consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, and does not have a negative impact upon adjacent properties. The proposed rezoning warrants an amendment to the Future Land Use Map. • The use has been in operation since the 1970s. The former Corpus Christi Zoning Ordinance did not allow farm, agricultural, and livestock uses by-right in the former"R- 1 B" One-Family Dwelling District (now known as the "RS-6" Single-Family 6 District). The proposed rezoning would bring the livestock use into compliance with the UDC. • According to AICUZ Compatible Land Use Guidelines, a farm or livestock use is acceptable in the APZ-2 designated areas. • Section 5.2.19 of the Unified Development Code (UDC) states, "A public or private stable shall be permitted in accordance with the use tables in Article 4 provided that the stable shall be located a minimum of 300 feet from a residential structure that is located on any property in separate ownership." Planning Commission and Staff Recommendation (August 18, 2021): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "FR" Farm Rural District. Number of Notices Mailed — 6 within 200-foot notification area. 1 outside notification area As of August 13, 2021: In Favor — 1 inside notification area _ — 0 outside notification area 0 In Opposition — 0 inside notification area — 0 outside notification area 0 Z Totaling 0.00% of the land within the 200-foot notification area in opposition. a *Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom. The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet / Total square footage of all property in the notification area = Percentage of public opposition Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) Staff Report Page 4 FR 4 - R, ; sUs.7Ecr PROPFRFY i a 5 0 3 I OR0114�� '��p�a. p1.0 �ecrexed:a.��n 0 250 500 Repaed'By RetyR Feet Departrrr Aof tJeve7opm�rt Ser It CASE: 4829-45 ZONING & NOTICE AREA RM-1 Multifamilyl IL Lghtlndustrial RM-2 Multifam ily2 Pt Heavy l ndustrial r SUBJECT RM-1 Multifamily3 PUD Planced Unit D-0—lay ;PROPER ON Professional QFflce RS-10 Sirrgle-Family 10 RM-AT MultifZ llv AT R58 Single-Family6 CN-1 Nei ghbarh ood'Commercia l R5-4.5 Singlo-Family 4.5 CN-2 Nei gh boyhood Commercial RS-TF Two-Family CR-1 ResortCommercial RS-15 Single-Family 15 C CR-2 Resort Commercial RE Residential Estate Carpus CFrisa✓ C61 General Commem e l RS-TH Townhouse Gfr2 General Cwnmercial SP Special Penna CI kkensire Commercial Ry Rxreational Vehic'e Park CRD Dm Mown Commercial RMH Manufactured Home CR.y ResortCommercial --r1- FR Fann Rural H HistoricQrertay BP Business Park a fp ® s a a pens orne,� City of 1° b Xa n LOCATIOnr n�aP y C Staff Report Page 5 Persons with dlsabrhtles planning to attend this meeting,who may require special services are requested to contact the Development Seraaces Department at least 48 hours in advance at(361)826.3240 personas con incapKi tides ague tienen la intencrbn.de as stn a esti ivnr y_gg.P,r grieren 60ryIM 080eciales. ye,118s suplacague dtn avrsa 48 horas antes de la iunta Ilamandv_a'departamentodes i I at n6mero�3gl�826-3244 tf you wish to address the Commission during the meeting and your English is limoted please call the Development Services Department at{351;826-3240 at least AIB hours In advance to request an Interpreter be present durng the meeting SI usted desea d�irgA_reg commisslon durante, to writa y su ingles_e's.?,nntado favor de Ilamar al deparjmgnta de serulcips de desarrol=o_71 1_r-enct L36.1.1 82§- 4 al mentis 48 horas an de la lunla para soiiptfr un nterprete sear presen! _duu ante la unta_ CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0821-05 Michael illAcl use has petitioned the City of Corpus Christi to consider a change of zoning from the'$; 6" Single-Family 6 Di§ttrlct to the"FR"Farm Rural District resuttino in a change to the Fut_4 a Land Use Map, The property to be rezoned is described as: 6342 Old Brownsville Road and described as being 14.89 acres situated in the "Rincon Del Oso" Fnriquez Villareal Grant,A-1, and being part of that same 16.437-acre tract described in a'Warranty Deed recorded in Document No-2004027432 of the Nueces County Official Records, Iocatled along north side of Old Brownsville Road and west of Saratoga Boulevard(State Highway 357). The Planning Commission may recommend to City Council approval or denial,or approval of an Intermediate zoning classification and/or Special Permed Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council The public heanng will be held on Wedne.4day. Aggust 18,2421,during one of the Planning Commission's regular meetings which begins at 5:3�in the City Council Chambers, 1241 Leopard.Street You are Invited to attend this public hearing to express your views on this rezoning request. For more information, please call(361)826.3240. To 81t:ON RECORD,THIS FDRM MUST Nt r It t FCS OUT SIGNED BY THE GIURRFNT PROPERTY O'.rvNERiS)AND h1All rr) IN ITS ENTIRETY TO THE DEVt_t.OPMFNT SFRVICFS DFPARTMENT, P 0 BOX 9277, CORPUS CHRISTI TLXA, rJ5469- 9277 ANY INFCRMATIl7N PR{3V0En HF:t?'.'V ESP J0J�;R.I.:-CORD NOTE: In accordance with the Planning Commission By-taws, no ttiseussion shall be held by a mctnb>er or members of this Commission with an applicant or appellant concerninct an ap{alscdti4rt ot appeal either at h time or office or in person, by talephone call or by letter. Printed Name 4� 1 4 I 'ilaa i, Address. `�� -- city/state: ac.>wA (A IN FAVOR ( )IN OPPOSI TION REASON: 44, U f' �3d +r5 t J v'��+.^I of +S�E'� { ' /'� r� _,4LS jotf4l r �T � �f"f'pt i V7 ��G' f ►r i r �j l i7 Com' 12`-00 r / J � Signature ` SEE MAP ON REVERSE SJDE Casa No 0021-D5 INFOR Gass Na 21ZN1031 Pfopat Managiv Andrew ornas Ptooeety Gena+0 6 Emerr Ary 2 Icrla:as csxr Zoning Case #0821 -05 Michael McDonough Rezoning for a Property at 6342 Old Brownsville Road From "RS-6" To "FR" b N NO UBJIE PIED O0� O City Council October 12, 2021 Aerial Overview N K. FP 1 SUBJECT 77 PROPERTY i F'✓�. R OL� 2 Zoning Pattern and Adjacent Development N -w Buffer Yards: RS-6 to FR: N/A 1902 Setbacks: Street: 50 feet R24 Side& Rear: 25 feet 1962 R' Sl1UN1LSC II PROO PERW Parking: 1:150 Square feet 00-2 00-2 Uses: Single-Family Home, Gold Course, OCL (QQ4 6L Utilities,Agricultural, and Stables. X00.1 . was� Stables: A public or private stable shall be 0 permitted in accordance with the use � 1� opo o tables in Article 4 provided that the stable 06 CoQ shall be located a minimum of 300 feet from a residential structure that is located on any property in separate ownership. f Land Use Existing Land Use Future Land Use FR F1 as SUBJECT N SUBJECT PROPERTY PROPERTY R �yJN�lttH �N�FR ''cQOR� CtTe." S-1 O Vacant O Med.Density Commercial O Low Density O Commercial O Mixed Use Residential Residential 0 Low Density public/Semi-Public Med.Density Light Industrial Residential Light Industrial Government O O 9 Residential 4 Public Notification 6 Notices mailed inside 200' buffer N 1 Notices mailed outside 200' buffer FR Notification Area Opposed: 0 (0.00%) Separate Opposed Owners: 0 PRoRn In Favor: 6 (5.42%) Notified property owner's land in square S feet/Total square footage of all property in the notification area = owl109 Percentage of public opposition Planning Commission and Staff Recommendation Approval of the "FR" Farm Rural District Utilities N 1 Water: 16-inch DIP SUBJEC7 Wastewater: p�QOp� 4-inch PVC FM Gas: 6-inch Service Line Storm Water: �p4M Roadside ditches 6 5 60P o��Q Air Installation Compatibility Use Zone (AICUZ) FR T R, SUBJECT PROPERTY i CASE: 0821-05 AIR INSTALLATION COMPATIBLE USE ZONE �N�1kt�R Runway s Clear Zone A cciden t Po ten tial Zon e 1 r� S-P Accident Potential Zone 2 o�NSv a''gB / O�p� by d ecrebV.P Seale.1.3.000 ee mme/roere -21 p Ergu F.R Y 1h Ate. " VIC , �... r - a �x �F�Qa�Fli'� y1 ^ ' vvt yTA . .r s 0o L ` I IW .. #e 0 f 1 00 Pr epar 'Pfc 7 y7 -eA�Y � • D 'artn [ 1v m �� �� Y CASE: 0821-05 t` Aerial with Subject Property Subject ` SUBJECT Property PROPERTY CorpusCfrris' ay [Cti Map Scale: 1.-3,000 Mhnsti LOCATION MRP �vs cr �o o AGENDA MEMORANDUM Public Hearing & First Reading for the City Council Meeting 09/07/2021(Tabled) CORPOR I First Reading Ordinance for the City Council Meeting 10/12/2021 1852 Second Reading Ordinance for the City Council Meeting of 10/19/2021 DATE: July 22, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning a property at or near 548 Cole Street CAPTION: Zoning Case No. 0721-01, Southern Builders Co, LLC (District 2). Ordinance zoning a property located at or near 548 Cole Street from the "CG-2" General Commercial District and the"RS-6" Single-Family 6 District to the "RS-TH/PUD" Townhouse District with a Planned Unit Development. SUMMARY: The purpose of the rezoning request is to allow for the construction of an 8-unit townhome development. BACKGROUND AND FINDINGS: The subject property is 0.44 acres in size. The applicant is proposing a townhouse style development consisting of approximately 8 units. The Del Mar Townhomes, Planned Unit Development, will utilize existing public roadways and sidewalks for access. Access to the townhomes will be granted through an internal 24-foot-wide drive. Amenities include open space and a pool. The property is currently zoned "CG-2" General Commercial District and "RS-6" Single-Family 6 District and consists of vacant land. To the north is a is a mixed-use district with commercial uses, parking lots, and residential homes zoned as "CG-2" General Commercial District and "Cl" Commercial Intensive District. To the south are single-family residential homes and an office building zoned "RS-6" Single-Family 6 District and "CG-2" General Commercial District. To the east are single-family residential homes zoned "RS-6" Single-Family 6 District. To the west are commercial uses, and by Wynn Seale Junior High/ Metro Elementary School of Design and zoned a "RS-TF" Two-Family District and "CG-2" General Commercial District. Conformity to City Policy The subject property is located within the boundaries of the Midtown Area Development Plan and is planned for mixed-use development. The proposed rezoning to the "RS-TH/PUD" Townhouse District with a Planned Unit Development is consistent with the adopted Comprehensive Plan (Plan CC). 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 for rentals of less than thirty days. 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. This development potentially adds to the character of the neighborhood and helps establish an "urban village" which is an intention of Plan CC. Public Input Process Number of Notices Mailed 22 within 200-foot notification area 2 outside notification area As of May 28, 2021: I n Favor In Opposition 1 inside notification area 2 inside notification area 0 outside notification area 8 outside notification area Totaling 4.79% 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 from the "CG-2" General Commercial District and "RS-6" Single-Family 6 District to the "RS-TH/PUD" Townhouse District with a Planned Unit Development. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: The Planning Commission recommended approval of the change of zoning from the"CG-2" General Commercial District and "RS-6" Single-Family 6 District to the "RS-TH/PUD" Townhouse District with a Planned Unit Development on July 7, 2021. Vote Count: For: 8 Opposed: 0 Absent: 1 Abstai ned: 0 Staff recommends approval of the zoning request. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0721-01, Southern Builders Co, LLC (District 2). Ordinance zoning a property located at or near 548 Cole Street from the "CG-2" General Commercial District and "RS-6" Single-Family 6 District and to the "RS-TH/PUD" Townhouse 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 being the south 20,782.67 sq. ft. tract. being out of the west ten feet of Lot 9 and all of Lots 10, 11 , and 12, Block 35, Del Mar Addition as shown in Exhibit "A". "CG-2" General Commercial District and "RS-6" Single-Family 6 District to the "RS- TH/PUD" Townhouse District with a Planned Unit Development The subject property is located at or near 548 Cole Street. 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 Del Mar Townhomes PUD (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 Del Mar Townhomes PUD (PUD) Guidelines and Master Site Plan and the satisfaction of all Technical Review Committee (TRC) requirements. 2. Pedestrian Access: Sidewalk abutting the property along Cole Street, South Brownlee Boulevard, and South Staples Street shall be rebuilt to city of Corpus Christi Engineering Standards if in disrepair. 3. Solid Waste: The solid waste collection point must be easily accessible by city personnel by a solid waste vehicle. 4. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 5. 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 2 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021 , by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021 . ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 3 of 3 Texas GeoTech LAND SURVEYING, INC. EXHIBIT "A" Being the south 20782.67 sq. ft. tract, being out of the west ten feet of Lot 9 and all of Lots 10, 11 and 12, Block 35 of the Del Mar Addition, recorded in Volume 4, Pages 8-10 of the Map Records Nueces County, Texas, being more particularly described as follows; BEGINNING on the east right of way line of Staples Street, same being the northwest corner of said Lot 12, same being the northwest corner of this tract; THENCE N 580 54' 00"E with the north line of said Lots 12, 11, 10 and 9, a distance of 113.35 feet to a point for the north corner of this tract; THENCE S 310 06' 00" E being ten feet parallel to the west line of Lot 9, a distance of 135.00 feet to a point of the north right of way line of Cole Street, same being the most easterly corner of this tract; THENCE S 580 54' 00" W with the north right of way line of said Cole Street and with the south line of said Lots 9, 10, 11 and 12, a distance of 153.00 feet to a point of curvature to the right, same being a corner of this tract; THENCE with the curve to the right having a radius of 7.00 feet, an arc length of 11.00 feet, a chord distance of 9.90 feet, a chord bearing of N 76° 06' 00" W and delta angle of 90° 00' 00", said point being a corner of this tract; THENCE N 310 06' 00" W a distance of 93.41 feet to a point on the east right of way line of said Staples Street, same being the southwest corner of this tract; THENCE N 220 20' 38" E with the east right of way line of said Staples Street, a distance of 58.25 feet to POINT OF BEGINNING and containing 20782.67 sq. ft. more or less. 1, JARRE1, L. MOORE. A REGISTERED PROFESSION4L LA.W) SURI'EYOR, DO HEREB)' CERTIFY THAT TO THF. BEST OF A4)" KNOII'LFl>C;E. THIS PLAT RE-PRESENTS AN ACTU.-IL S('UFLY MADE ON THE GROUND UNDER h1Y S1PI:RI"IS90N' AND SUB:S7,1\I/ ILLY COMPLIES H777/ 771E III:\7A11.11.SVA I)RI)S FOR LAND S'URI'E>'ING IN TEXASAS SET FORTH B)" IBE TEXAS BOARIMI PROFESSIONAL LA\/)S( R1/,)016. :11.1) '-. 2II11. OF JARREL L. MOORE el L. Moore MAY 27, 2021 �, 4854 P� ' Register Professional Land Surveyor 210427.doc ���FSUR° yob License Number 4854 1 LOT 9 ND. 5/8" I.R. 3' o' 00 LOT 9Al E 5 $s LOT 9 FND. 5/8" I.R. BLOCK 35 +tom 20782.67 Sq.ft. LOT 10 ry i LOT 11 FND. 5/8" I.R. FND. 5/ LOT 12 FND. 5/8" I.R. FND. 5/8" I.R. r-7.00' cd-9.90' PLAT OF: d— 90''06'0" Being a total of 20782.67 s ft.,made u o d= soroo'oo' g q• P the ten southwest feet of Lot 9, all of Lots 10, 11 and 12, Block 35 of the Del Mar Addition, as recorded in Volume 4, Pages 8-10 Map Records ofNueces County,Texas I, JARREL L. MOORE, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT TO THE BEST OF MY KNOWLEDGE, THIS PLAT RE— BEARINGS AND DISTANCES ARE BASED ON THE PRESENTS AN ACTUAL SURVEY MADE ON THE GROUND UNDER MY SUPERVISION TEXAS STATE PLANE COORDINATE SYSTEM NAD 83 AND SUBSTANTIALLY COMPLIES WITH THE MINIMUM STANDARDS FOR LAND TEXAS SOUTH TEXA ZONE. SURVEYING IN TEXAS AS SET FORTH BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYORS THIS THE 27TH DAY OF APRIL, 2021 TEXAS GEO TECH G;S7eR LAND SURVEYING, INC �F. * c�;•, 6330 SARATOGA BLVD. SUITE C �S( Corpus Christi, TX 78414 :::::::::::::::.:: (361) 993- 0808 Fax (361) 993-2955 4854 v ' DATE: 04/27/20210 DRAWN: RC JA EL L. MOORS fSS\0?P GISTERED PROFESSIONAL LAND SURVEYOR SCALE: 1" = 30' JOB NUMBER: 210324 LICENSE No. 4854 APPROVED: JLM SURVEY: JN & GC Del Mar Townhomes, P. U. D. Cole and Brownlee Corpus Christi, Texas 78404 Owner / Developer Southern Builders co, LLC 5702 S Staples Ste E-1, Corpus Christi, Texas 78413 Prepared by Chris Montalvo, Developer 5702 S Staples ste E-1, Corpus Christi, Texas 78413 361-765-1725 Chris@corpuschris.com Sept 1, 2021 Del Mar townhomes, P. U. D. Cole & Brownlee Corpus Christi, Texas 78404 Development Description: Delmar townhomes, P.U.D. is a proposed townhome community that will include 8 residential units on 0.477 Acres of land for a density of 17 Units per Acre. The proposed community will be a redevelopment of 0.477 Acres out of Lots 10,11,12 w10' of It 9, block 35, of the Del Mar Addition, recorded in Volume 4, Pages 8-10 of the Map Records Nueces County, Texas The redevelopment will utilize existing public roadways and, sidewalks for access. This development will complement existing developments in the area. – — – 13 r e a; ,5 • ,.�u r Y". ,ern 4 J s ` i Via. J 3 LOCATION MAP Development Standards per City of Corpus Christi Unified Development Code Minimum Site Area 20782.67 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 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) 11,400 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 Additional parking rear 3 required Total provided 19 provided Maintenance: 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. Development Guidelines For Common Area Lots Use: Non-residential structures for enjoyment and benefit of Del Mar townhome 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. 8' foot privacy trellis o� r z 0 0 � m m m p M O CD D- � zm mm�� o yN� x/10 J]D .T1� OZ po p C D O~ O D O O D y(7 ti Z O D cl w D N o cn ms � �m r A y m N D A m o ■ J \ J 1 \ NG LINE 90�� \QM. IPF DPOSE TWO TORY ^` • F MON CAR RGE ■ i ■ I I 1 PARKING SPAC S ■ ' I r n n 1 ■ m • mm I co • ^� n ■ I i i 8 PARKING PACES m� 1 A y z Dom ■ � m I m 7FO OPOS D TWO STOR C D> RPLE ONE C R GAI GE r m A z n ■ 7y < z � ■ IL H� do Z m 0 D z T U A Z U O • CK� ti m co a y D m= Hao � D mm a�ym Z r p s C7 G7 z 7 7 7 7 m~ co H O O O O 7 anz m m m m co CO) s o 0 0 n N r W O C1 az F m z m m m O_ z co z H m G) a m a m o "' x m m z 22.0' 24.0' 22.0' PARKING SPACE PRIVATE DRIVE PARKING SPACE m CONCRETE PAVEMENT CROSS SECTION x ` e. , + „ n y R 4P . n ter v! : i � r w. tip. to l Ow �X yJ. fm - � w 1 I y ;.A A4.z._. . • Zoning Case #0721 -01 Southern Builders Co, LLC Rezoning for a Property at 548 Cole Street From "CG-2" and "RS-6" To "RS-TH/PUD" . yam° ..��� �.�".,� � "�• � �' �. � w r w i_ r r \ is t � K cow >, City Council IF October 12, 2021 Aerial Overview ��{y r�.. r� 5g�F PROPERTY h 1 Zoning Pattern and Adjacent Development 1684 1cgs 200M X00� g IBM o Y los JVl 0 !C -2 CR OH 0 A Io 23 1 colt 601 Gd04 1036 Q�d� 1923 1920 4 `W' 11938 3 Public Notification 22 Notices mailed inside 200' buffer 2 Notices mailed outside 200' buffer s F� � atiF Fa � s Notification Area �G Opposed: 2 (4.79%) gym - - - Separate Opposed Owners: 2 �' SUBJECT s G� � PRO.PERTS' _ In Favor: 1 (3.09%) - Notified property owner's land in squaree�'jO feet/Total square footage of all property in the notification area = m➢ �_��q Percentage of public opposition 4 PUD Deviations Minimum "RS-TH" District Proposed PUD Dimensions Standards (TRC Reviewed) 1,600 sf. 1,100 sf. Yes Minimum Lot 16 ft. 16 ft. No Width Street • 10 ft. 10 ft. No Street Yard 10 ft. 10 ft. No • 0 ft. 0 ft. No • 5 ft. 5 ft. No Buffer • 5ft. and fence 5ft. and fence No PUD Deviations cont. ProposedMinimum "RS-TH" District StandardsDimensions Reviewed) Parking 1.5/unit(1 bedroom) 1.5/unit(1 bedroom) Requirement 2/unit(2 bedroom) 2/unit(2 bedroom) No 1/5 units (guests) 1/5 units (guests) Sidewalks on 5 ft. both sides 5 ft.on one side (existing) No perimeter streets Internal Drive 28 ft. 24 ft. Yes Width No internal curb along drive and 6 in. curb&gutter is •- 6 in. curb&gutter Yes required on surrounding streets Rental Time Minimum 30-day rentals Short Term Allowed Yes . E IBB 6 Master Site Plan IIz. 7 -POOL . 2 OON TREES �TM 1/ oLc vnAxixc i L_N-- SOACFs I S�YUUIX e iPL W-0 APNG a RA Ott RAM FO NAL£ 0 vROPOSEPCONCRE EPF FMENT I T � z it _.� u -._ _ _ PROPOSER OVEN SPECS l CIA TREES Ir "�d1 f '-, ---; I vROvpSER BU LR xG EvvROx _.._ PROPF—LINE TEAR1GxW%HflWi N TM BE R5 M� (i A. LL I EE w O w n Orc 11 s sR�toM+Na cAIIASS ICIAL _ E �tts�'�' ; tx.x rwL. '- AL 4— TREES COLE SEEw 1111 SpITW V FEET OF LOT 9,Pll -ILAAGS OF LOIS 10,11,ANO 1Z BLOCN 11. U ix 0i91EPUR. DEL MAR AOOIIION —E I'- 7 Planning Commission and Staff Recommendation Approval with conditions: 1. Planned Unit Development Guidelines and Master Site Plan: Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with Del Mar Townhomes Planned Unit Development (PUD) Guidelines and Master Site Plan and the satisfaction of all Technical Review Committee (TRC)requirements. 2. Pedestrian Access: Sidewalk abutting the property along Cole Street, South Brownlee Boulevard, and South Staples Street shall be rebuilt to city of Corpus Christi Engineering Standards if in disrepair. 3. Solid Waste:The solid waste collection point must be easily accessible by city personnel 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. 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. Land Use Existing Land Use Future Land Use s F 6L � 6G 0 5t N 9qo �5j SU9JECT PROPERTY PROPERTY O Vacant Med.Density Commercial O Low Density Commercial Mixed Use Residential Residential OLow Density O Professional Office-Public/Semi-Public High Density O Med.Density Residential Residential Residential 9 Utilities 1 4 .� Water: 6-inch C900 Wastewater: SUBJECT 8-inch PVC PROP 5 8 Gas: 4-inch Service Line W °F@ 6' 2 Storm Water: .y 21-inch and 18-inch � w RCP Lines � . p Elevations Ba 71 11 1St Story Floor Plan 11 COLE STREET P.U.D. 1ST FLOOR PLRR A6EALALGllLAD4N5: DMO ROOM trvnOulE� t(0 MOUMME RX ¢w�O4 MF11 .1 MMIC I-T 12 2nd Story Floor Plan ❑ L'Y" _ F me.m -= io COLE STREET P.U.D. 1ND FLOOR PLAN pa Fp A_,�_I�lJi_enpNC; GM,nGE cu[� TI��fOucnREUFLET� 13 t 5 a� 1- M � .. � iii � T } ♦ � .. .� PLANNING COMMISSION FINAL REPORT Case No. 0721-01 Planning Commission Hearin Date: July 7, 2021 Owner: Southern Builders Co, LLC Applicant: Christopher P. Montalvo Location Address: 548 Cole Street u Legal Description: 20,782.67 square foot tract, being out of the west ten feet of a Lot 9 and all of Lots 10,11, and 12. Block 35 of the Del Mar Addition, recorded Q °� in Volume 4, Pages 8-10 of the Map Records Nueces County, Texas, located along the east side of South Staples Street, north side of Cole Street, and south of Clifford Street. From: "CG-2" General Commercial District and "RS-6" Single-Family 6 District To: "RS-TH/PUD" Townhouse District with a Planned Unit Development 'E s Area: 0.477 Acres N Purpose of Request: To allow for the construction of a townhouse style development. Existing Zoning District Existing Future Land Use Land Use "CG-2" General Commercial Site District and "RS-6" Single-Family Vacant Mixed-Use 6 District "CG-2" General Commercial North District and "Cl" Commercial Commercial Mixed-Use 'E Intensive District ° Low-Density "RS-6" Single-Family 6 District Residential and J South and CG-2 General Commercial Professional Mixed-Use u, District Office X LU Low-Density East "RS-6" Single-Family 6 District Residential Mixed-Use "RS-TF" Two Family District and Mixed-Use and West "CG-2" General Commercial Commercial Commercial District 06 Area Development Plan: The subject property is located within the boundaries a of the Midtown Area Development Plan and is planned for mixed-use. The M ° proposed rezoning to the "RS-TH/PUD" Townhouse District with a Planned Unit a o Development is consistent with the adopted Comprehensive Plan (Plan CC). Q City Council District: 2 Zoning Violations: None Staff Report Page 2 Transportation and Circulation: The subject property has approximately 150 feet of street frontage along Cole Street which is designated as a Local Street, ° approximately 95 feet of street frontage along South Brownlee Boulevard which is also designated as a Local Residential, and approximately 60 feet of street ° frontage along South Staples Street which is designated as a "Al"Arterial street. a N According to the Urban Transportation Plan, "Al" Arterial Streets can convey a L capacity between 15,000 and 24,000 Average Daily Trips (ADT), and "Cl" Minor Collector Streets can convey a capacity between 1 ,000 and 3,000 Average Daily Tris (ADT). Street Urban Transportation Plan Proposed Existing Traffic Type Section Section Volume Cole Local Residential 50' ROW 80' ROW Not C; Street 28' paved 50' paved Available South 50' ROW 50' ROW Not Brownlee Local Residential Boulevard 28' paved 30' paved Available Cn South 95' ROW 1 00' ROW 7979 Staples "A1" Arterial street 64' paved 60' paved ADT Street 2013 Staff Summary: Development Plan: The subject property is 0.477 acres in size. The applicant is proposing a townhouse style development consisting of approximately 8 units. The Del Mar Townhomes, Planned Unit Development, will utilize existing public roadways and sidewalks for access. Access to the townhomes will be granted through an internal 24- foot-wide drive. Amenities include open space and a pool. Additional information may be found in the PUD documents. Minimum "RS-TH"District Proposed PUD Dimensions Standards TRC Reviewed) Deviation Lot Area 1,600 sf. 1,400 sf. Yes Minimum Lot 16 ft. 16 ft. No Width Street Yard 10 ft. 10 ft. No Street Yard 10 ft. 10 ft. No Corner Side Yard 0 ft. 0 ft. No Rear Yard 5 ft. 5 ft. No Buffer Yard 5ft. and fence 5ft. and fence No Parking 1.5/ unit(1 bedroom) 1/ unit (2 bedroom) Requirement 2/ unit (2 bedroom) 1/4 units (guests) Yes 1/5 units (guests) Sidewalks along 5 ft. both sides 5 ft. on one side (existing) No perimeter streets Staff Report Page 3 Internal 28 ft. 24 ft. Yes Drive Width No internal curb along drive and Curb Type 6 in. curb & gutter 6 in. curb & gutter is required on Yes surrounding streets Rental Time Minimum 30-day rentals Short Term Allowed Yes Existing Land Uses & Zoning: The subject property is currently zoned "CG-2" General Commercial District and "RS-6" Single-Family 6 District and consists of recently vacant land. To the north is a mixed-use district with commercial uses, parking lots, and residential homes zoned as "CG-2" General Commercial District and "Cl" Commercial Intensive District. To the south are single-family residential homes and an office building zoned "RS-6" Single-Family 6 District and "CG-2" General Commercial District. To the east are single-family residential homes zoned "RS-6" Single-Family 6 District. To the west are commercial uses, and by Wynn Seale Junior High/ Metro Elementary School of Design and zoned a "RS-TF" Two-Family District and "CG-2" General Commercial District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. Utilities: Water: 6-inch C900 line located at Cole Street. Wastewater: 8-inch PVC line located at Cole Street Gas: 4-inch Service Line located at South Brownlee Boulevard. Storm Water: 21-inch and 18-inch RCP along South Brownlee Boulevard and Cole Street respectively. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Midtown Area Development Plan and is planned for mixed-use development. The proposed rezoning to the "RS-TH/PUD" Townhouse District with a Planned Unit Development is consistent with the adopted Comprehensive Plan (Plan CC) and does not warrant an amendment to the Future Land Use Map. The following policies should be considered: • Support programs to encourage infill development and rehabilitate housing stock in established neighborhoods. (Housing and Neighborhoods Policy Statement 7). • Encourage the protection and enhancement of residential neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational Staff Report Page 4 needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3). Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, and does not have a negative impact upon adjacent properties. • The property is designated as per the future land use as mixed-use. As per Plan CC, there is no maximum density for mixed-use area. This adds to the character of the neighborhood and helps establish an "urban village" which is an intention of Plan CC. • Technical Review Committee's only comments came from the Fire Department, including, but not limited to these Requirements: will include 2-hour fire separation between units, sprinklers in units with three stories, the access drive to the townhomes shall be built as to support the imposed load of fire apparatus weighing at least 75,000 lbs., and a "No Parking Fire-Lane" shall be provided. Staff Recommendation: Approval of the change of zoning from the "CG-2" General Commercial District and "RS- A" Single-Family 6 District to the "RS-TH/PUD" Townhouse 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 Del Mar Townhomes (PUD) Guidelines and Master Site Plan and the satisfaction of all Technical Review Committee (TRC) requirements. 2. Pedestrian Access: Sidewalk abutting the property along Cole Street, South Brownlee Boulevard, and South Staples Street shall be rebuilt to city of Corpus Christi Engineering Standards if in disrepair. 3. Solid Waste: The solid waste collection point must be easily accessible by city personnel 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. 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. Staff Report Page 5 Number of Notices Mailed — 22 within 200-foot notification area 2 outside notification area As of July 22, 2021: In Favor — 1 inside notification area _ — 0 outside notification area 0 In Opposition — 2 inside notification area — 8 outside notification area 0 z Totaling 4.79% of the land within the 200-foot notification area in opposition. *Created by calculating the area of land immediately adjoining the subject a property and extending 200-foot therefrom. The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet / Total square footage of all property in the notification area = Percentage of public opposition Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) Staff Report Page 6 CP 13 21 r3 Lf} C9 _L7 22 14 (A 20 E5 PROPERTY 3 Rs- z CG-2 HE-TF .2 16 2 1OXY 0 7511 Dam clund-&2&2w 1 CASE: 0721-01 ZONING & NOTICE AREA s JECT OhIE PR PERT vYf ME -^ _ [,r_ _ 5`] PA1k Ami a/mmrd.:owie � 111 0 X, ILOCATION MAP Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact 'ie Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades gue tienen la intencian de asistir a esta Punta y cue re uieren servicios es eciales se les su lieu que den aviso 48 horas antes de la 'unta Ilamando al de artamento de sarvicios de dr,sarrolio, al numero[3617 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at(361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting.Si usted desea dirrglrse a la commission durante la unta y su in les es limitado favor de Ilamar al de artamento de servicios de desarrollo al numero 361 826-3240 al menos 48 horas antes de la unta Para solicitar un inter rete ser presente durante la 'unta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0721-01 Southern Builders Co, LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "CG-2" General Commercial District and the RS-6" Single-Family 6 District to the "RS-THIPUD" Townhouse District with a Planned Unit Development, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Located at or near 548 Cole Street and described as being the south 19,219, 90 sq. ft. tract. being out of the west ten feet of Lot 9 and all of Lots 10, 11, and 12, Block 35, Del Mar Addition, recorded in Volume 4, Pages 8-10 of the Map Records Nueces County, Texas, located along the east side of South Staples Street, north side of Cole Street, and south of Clifford Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council, The public hearing will be held on Wednesday. July 7, 2021, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O, BOX 9277, CORPUS CHRISTI, TEXAS 78469- 777. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or in person, by telephone call or by letter. Printed Name: 41 V W Address: ON City/State: $ IN FAVOR ( } IN OPPOS!TION Phone REASON: VV Signature SEE MAP ON REVERSE !bE Case No.0721-01 INFOR Case No.: 21ZN4 Project Manager:Craig Garrison Property Owner ID: 17 ' Email: CraigG1g2exas.com Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at(361) 826-3240. Personas con incapacidades aue tienen la intencibn de asistir a esta junta yclue requieren servicios especiales se les suprica aue den aviso 48 horas antes de la junta Ilamando al devartamento de servicios de desarrollo. al numero(361)826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at(361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting.Si usted desea dingirse a fa commission durante la junta v su inalas es limitado favor de Ilamar al departamento de servicios de desarrollo al numero (361)826-3240 al menos 48 horas antes de la junta para solicitar un int6rorete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0721-01 Southern Builders Co, LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "CG-2" General Commercial District and the RS-6" Single-Family 6 District to the "RS-THIPUD" Townhouse District with a Planned Unit Development, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Located at or near 548 Cole Street and described as being the south 19,219. 94 sq. ft. tract. being out of the west ten feet of Lot 9 and all of Lots 10, 11, and 12, Block 35, Del Mar Addition, recorded in Volume 4, Pages 8-10 of the Map Records Nueces County, Texas, located along the east side of Scuth Staples Street, north side of Cole Street, and south of Clifford Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, July 2021, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240- TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. D. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or in person, by telephone call or by letter. Printed Name: T�F wl-9 �-r TAA l tX Address: ( 7 �6 S .z . City/State: C '1 T_Y_' (?�} IN FAVOR ( ) IN OPPOSITION Phone: REASON: Signature SEE MAP ON Rr=VERSESID Case No.0721-01 IN FOR Case No.: 21ZN1025 Project Manager:Craig Garrison Property Owner ID:14 Email: Crai GC(kketexas-com Persons with disabilities planning to attend this meeting who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incaoacidades. cue tienen la intenciyn de asistir a esta junta v que requieren servicios especiales se les suplica gue den aviso_48 horas antes de la junta Ilamando al de artamento de servicics de desarrollo al n6mero_(361)826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services department at(361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting.Si usted desea dirigirse a la commission durance la junta v su inches es limitado,favor de Lamar al departamento de servicios de desarrollo at numero(361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser oresente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0729-01 Southern Builders Co, LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "CG-2" General Commercial District and the RS-6" Single-Family 6-District to the "RS-THIPUD" Townhouse District with a Planned Unit Development, not resulting in a change to the Future Land Use Mao. The property to be rezoned is described as: Located at or near 548 Cole Street and described as being the south 19,219. 90 sq. ft. tract. being out of the west ten feet of Lot 9 and all of Lots 10, 11, and 12, Block 35, Del Mar Addition, recorded in Volume 4, Pages 8-10 of the Map Records Nueces County, Texas, located along the east side of South Staples Street, north side of Cole Street, and south of Clifford Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council- The public hearing will be held on Wednesday, July 7, 2021,_ during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST 6E FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Laws, no discussion shaii be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter, Printed Name: —Jo� ° �i s4 �.C- Address: � � �' 0 Z� A Cit ate -z� y�'- ,- ( ) IN FAVOR IN OPPOSITION Phone: REASON: nature SEE MRP ON REVERSE SIDE Case No.0721-01 IN! OR Case No.: 21ZN1425 Project Manager:Craig Garrison Properly Owner ID: 22 Email:CraigGCdcctexas-com JOSEEPHINE HERRO 501 DEL MAR BLVD CORPUS CHRISTI,TEXAS 78404 361-882-8557 JULY 6,2021 RE: REZONING CASE NO. 0721-01 Dear City Planning Commission: I am in opposition to this zoning change. Although this may bring future business to the area for Six Points it is not a choice I can make right now. I foresee increase traffic in this area. I live in a residential area and would like to keep this area for residential. I would like to know how many of these type of PLANNED UNIT DEVELOPMENT(PUD)are in our Corpus Christi community right now and are they selling well. Sincerely, Josephine 1erro vp [Department rsons with disabilities planning to attend this meeting, who may r wire s at least 48 hours in advance at (361) 826-3240. Personas cpn incaraa d des ue tenensla ntencianted to adect tasishe ti ,met Saervices reavieren servicios es eciales se les su lica ue den aviso 48 horas antes de la junta Ilamando al de anamenta de serviaos de d rrolloal mero 361 $26 3240ou wish to address the Commission during the meeting and your English is limited, please call the Developmerii Services Department at(361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting,Si usted desea diriaiM a!a commission durante la unto su in les es limitado favor de Ilamar ai de artamento de servicios de desarmllo al numero 361 826-3240 al menos 48 horns antes de is Lnta ora solicit run ir:fe rete er resente durante la"unto. CITY PLANNING COMMISSION PUBLIC NE�4RING NOTICE Rezoning Case No. 0721-01 Southern Builders Co LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "CG-2" General Commercial District ant! the RS-6" Sin le-Famil 6 District to the "RS-TH/PUD" Townhouse District with a Planned Unit Development not resulting in a change to the Future Land Use Man. The property to be rezoned is described as: Located at or near 548 Cole Street and described as being the south 19,219. 90 sq. ft. tract. being out of the west ten feet of Lot 9 and all of Lots 10, 11, and 12, Block 35, Del Mar Addition, recorded in Volume 4, Pages 8-10 of the Map Records Nueces County, Texas, located along the east side of South Staples Street, north side of Cole Street, and south of Clifford Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate. zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesda Jul 7 T021, during one of the Planning Commission's regular meetings, which begins at 5:3D pM in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277, ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD- NOTE: In accordance with the Planning Commission 13y-Laws, no discussion sIt -e held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office or in by telephone call or by letter. person, Printed Name: .� i -- Address.,_ pCity/State: r 1-51; (--}-W-FAVOR 04N OPPOSITION j I Phone: REASC)N D n_„�i� �(� vw,?v jZ,o b I�vl.3 cot emn eIV f 4�/r` ' ImAla 205,5 nature ,EE MAP ON REVERSE SIDE I FOR Case No.:21ZN1025 Case No.0721-01 Prop,y owner ID.:22 Project Manager.Craig Garrison Email;CraiG coexas.com City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi,Texas 78469 a4 �o PHl3P6�TY CASE: 0721-01 - _ scWjEcr PROPERTY Wfffi ZONNO via �I� JvV• _ v"`___. R-f �T [ tly M.t fir! �q■6��YtiN mi:r�yr�p..w� ss a.sw�rs b./ err*�w..Hwi �3G�wytF NLTr msrrrr�e.rpri.w �� twb a-t M�i+Wrr�'y w =""Yet �' MfilR�6weas J c Persons with disabilities planning to attend this meeting, who may require special services, are requested-to-c-0 ntact the Development Services ) �epartmenf at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intention de asistir a esta junta y aue re uieren servicios espe se les su lica ue den aviso 48 hams antes de la unta Ilamando al de artamento de servicics de desarrollo al LB-2y6-3240 ery 361 826-3240. u wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at(361) at least 48 hours in advance to request an interpreter be present during the meeting.Si usted desea dirt irse a Ia commission durante la su in lbs es iimitado favor de Itamar al de artamento de servcics de desarrollo al numery 381 825-3240 al menos 48 horas antes de la ara solicitor un into rete ser resente durante Ia ilintA. CITY PLANNING COMMISSION PUBLIC WEARING NOTICE Rezoning Case No. 4721-01 Southern Builders Co LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "CG-2" General Commercial District and the RS-6" Sinale-Family 6 District to the "RS-THIPUD" Townhouse District with a Planned Unit Development, not resultin in a char ie to the Future Land Use Map. The property to be rezoned is described as: Located at or near 548 Cole Street and described as being the south 19,219. 90 sq, ft. tract. being out of the west ten feet of Lot 9 and all of Lots 10, 11, and 12, Block 35, Del Mar Addition, recorded in Volume 4, Pages 8-10 of the Map Records Nueces County, Texas, located along the east side of South Staples Street, north side of Cole Street, and south of Clifford Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesda July-7, 2021, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THiS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER{5J AND M IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS MAILED 9277, ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD- k&E.- - accorda - — - --- OTE: fn nce with the Planning Commission ey-Law_—s, no discussion shalt be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office, or in person, by telephone call or by letter. Printed Name:-0R Cr D -t- ?Qo X►1 h1 A 46 by A 1L 1 D CS Address: S-el2 0tz MAR & iI City/State: 6aef'od+5 t�r�rrF'!S 7� ,lam kms ( ) 1N FAVOR IN OPPOSITION Phone,_ ,,3� j- 99z REASON: 1, �f6 U�. ..� ��►v S r �y r 5 -X Ce,6 Z)-e P/j0P,60eTr ull,tvcs ga daww 3 — 8 --s,. S4'� P977-AChrG CI' PAY-G- Signature _15EE MAP ON REVERSE SIDE INFOR Case No.: 21ZN1025 Case No. 0721-01 Property Owner ID. 22 Project Manager:Craig Garrison Email:Grai G cctexas.com The Reasons against zoning changes. (There are too many reasons to fit in the snail area on the form). 1- Housing density is exceeded 2- Property values goes down 3-AirBNB bring a different kind of people a revolving door every 2 days 4-There would not be enough parking 5-A nonresident is doing this zoning change and project 6-Traffic / noise on such small streets 7- Del Mar has been a prestigious single family housing neighborhood since the 1920's 8-Surfside has reminded us that building codes and rules need to be followed forever Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas_ con incaoacidades que tienen la intencian de asistir a esta junta y aue requieren servicios especiales, se les suolica clue den aviso 48 horas antes de la junta llamando al deDartamento de servicios de desarroll_o al numero(361)826-3240 - - It you wish to address the Commission during the meeting and your English is limited. please call the Development Services Department at(361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting.St usted desea dirigirse a la commission durance la unto y su fin !es as limitado favor de hamar al ftipartamento de servicics de desarrollo al numero 351 826-3240 al menos 48 horas antes de la unto Para solicitar un int6r rete ser presente durante la'unto. CITY PLANNING COMMISSiON PUBLIC HEARING NOTICE Rezoning Case No. 0721-01 Southern Builders Co, LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "CG-2" General Commercial District and the RS-6" Single-Family 6 District to the "RS-THiPUD" Townhouse District with a Planned Unit Development, not resultin-q in a change to the Future Land Use Marg. The property to be rezoned is described as: Located at or near 548 Cole Street and described as being the south 19,219. 90 sq, ft. tract. being out of the west ten feet of Lot 9 and all of Lots 10, 11, and 12, Block 35, Del Mar Addition, recorded in Volume 4, Pages 8-10 of the Map Records Nueces County, Texas, located along the east side of South Staples Street, north side of Cole Street, and south of Clifford Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, July 7, 2021, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, T­HfS FORM MUST BE FILLED OUT, SfGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED iN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277, ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Laws, no discusslon shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or in person, by telephone call or by letter, Printed Name: Address: 2_,) City/State: ( } IN FAVOR ( POSITION Phone: REASON: Signatu e _.SEE MAP ON REVERSE SIDE INFOCase No. 0721-01 Props Case er 121ZN1025 Project Manager:Craig Garrison Prope y owner!D: 22 Email:Grafi G cctexas.com Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services D epartment at feast 48 hours in advance at (361) 826-3240. Personas cern inca acidades ue tienen la intention de asistir a esta junta Y gue re uieren servicios es eC1aleS se les su lica nige den aviso 48 horas antes de la junta llamando at departamento de servidos de desarrollo al numerc 361 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at(361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting,Sj usted desea diri irse a is commission durante la junta V su in ids es limitado favor de"n—al de arta ngnto de servicios de desarrollo al numero 361 826-3240 al mends 48 horas antes de la junta para solicitar un intj6r rete ser resente durante la unta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0721-01 Southern Builders Co. LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "CG-2" General Commercial District and the RS-S" Sin-gle-Family 6 District to the "RS-TH/PUD" Townhouse District with a Planned Unit Develo mens not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Located at or near 548 Cole Street and described as being the south 19,219. 90 sq. ft, tract. being out of the west ten feet of Lot 9 and all of Lots 10, 11, and 12, Block 35, Del Mar Addition, recorded in Volume 4, Pages 8-10 of the Map Records Nueces County, Texas, located along the east side of South Staples Street, north side of Cole Street, and south of Clifford Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Pian to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council- The public hearing will be held on Wednesday,July 7, 2021, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TD 8E ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNERS)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P- D, BOX 9277, CORPUS CHRISTI, TEXAS 784�i9- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. -_ __ NOTE: In accordance with the Planning Commission ay-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office, or in person, by telephone call or by letter. Printed Name: Address: ,5D DX MtJ r 044 • City/State: r �s Ch�l s� ( 7 iN FAVOR IN OPPOSITION Phone: REASON; t JvL . U 5lgnature - SEE MAP ON REVERSE SIDE WFOR Case No.. 21ZN1025 Case No. 0721-01 Property Owner ID; 22 Project Manager:Craig Garrison Email:Crai G _cctexas.com Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Developmeni Services Department at least 46 hours in advance at (361) 826-3240. Personas con inca acidades ue tienen la intenci6n de asistir a esta unta ue re uieren servicios es gciales se les su lica Que den aviso 48 hams antes de la junta Ilamando al departamenta de servicins de desarrollo, al numero 361 826-3240, It you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at(361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting.Si usted desea dirigirse a la commission durante la unto y su in les es limitada favor de Ilamar al de artamento de servicios de desarrollo al numero 361 826-3240 a!menos 48 horas antes de la junta para soticitar un interorete ser present-durante la Lunta CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0721-01 Southern Builders Co LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "CG-2" General Commercial District and the RS-6" Single-Family 6 District to the "RS-THIPUD" Townhouse District with a Planned Unit Development, not resultina in a Chan-e to the Future Land Use Map. The property to be rezoned is described as: Located at or near 548 Cole Street and described as being the south 19,219.. 90 sq. ft. tract. being out of the went ten feet of Lot 9 and all of Lots 10, 11, and 12, Block 35, Del Mar Addition, recorded in Volume 4, Pages 8-10 of the Map Records Nueces County, Texas, located along the east side of South Staples Street, north side of Cole Street, and south of Clifford Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification andlor Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Pian, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, July 7 2021, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FELLED OUT, SIGNED BY THE CURRENT PROPERTY OWNERS}AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. ❑. BOX 9277, CORPUS CHRISTI, TEXAS 78459- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office, or in person, by telephone call or by letter, Printed dame: r i Q �hC��_ \J'or) Address: '509 �� tOjr O b A City/State:QI? ( } IN FAVOR (}�} IN OPPOSITION PhonOZW PS'S_-- " REASON; !V (i C{ (JjCt YVI:74� 4opee4y Va (U_e/�, Signat�e ��� SEE MAP ON REVERSE SIDE Case No.0721-01 iNFOR Case No. 21ZN1025 Project Manager:Craig Garrison Prope,ly Owner ID: 22 Email:CraigGt5cclexas.com Texas GeoTech LAND SURVEYING, INC. EXHIBIT "A" Being the south 20782.67 sq. ft. tract, being out of the west ten feet of Lot 9 and all of Lots 10, 11 and 12, Block 35 of the Del Mar Addition, recorded in Volume 4, Pages 8-10 of the Map Records Nueces County, Texas, being more particularly described as follows; BEGINNING on the east right of way line of Staples Street, same being the northwest corner of said Lot 12, same being the northwest corner of this tract; THENCE N 580 54' 00"E with the north line of said Lots 12, 11, 10 and 9, a distance of 113.35 feet to a point for the north corner of this tract; THENCE S 310 06' 00" E being ten feet parallel to the west line of Lot 9, a distance of 135.00 feet to a point of the north right of way line of Cole Street, same being the most easterly corner of this tract; THENCE S 580 54' 00" W with the north right of way line of said Cole Street and with the south line of said Lots 9, 10, 11 and 12, a distance of 153.00 feet to a point of curvature to the right, same being a corner of this tract; THENCE with the curve to the right having a radius of 7.00 feet, an arc length of 11.00 feet, a chord distance of 9.90 feet, a chord bearing of N 76° 06' 00" W and delta angle of 90° 00' 00", said point being a corner of this tract; THENCE N 310 06' 00" W a distance of 93.41 feet to a point on the east right of way line of said Staples Street, same being the southwest corner of this tract; THENCE N 220 20' 38" E with the east right of way line of said Staples Street, a distance of 58.25 feet to POINT OF BEGINNING and containing 20782.67 sq. ft. more or less. 1, JARRE1, L. MOORE. A REGISTERED PROFESSION4L LA.W) SURI'EYOR, DO HEREB)' CERTIFY THAT TO THF. BEST OF A4)" KNOII'LFl>C;E. THIS PLAT RE-PRESENTS AN ACTU.-IL S('UFLY MADE ON THE GROUND UNDER h1Y S1PI:RI"IS90N' AND SUB:S7,1\I/ ILLY COMPLIES H777/ 771E III:\7A11.11.SVA I)RI)S FOR LAND S'URI'E>'ING IN TEXASAS SET FORTH B)" IBE TEXAS BOARIMI PROFESSIONAL LA\/)S( R1/,)016. :11.1) '-. 2II11. OF JARREL L. MOORE el L. Moore MAY 27, 2021 �, 4854 P� ' Register Professional Land Surveyor 210427.doc ���FSUR° yob License Number 4854 1 LOT 9 ND. 5/8" I.R. 3' o' 00 LOT 9Al E 5 $s LOT 9 FND. 5/8" I.R. BLOCK 35 +tom 20782.67 Sq.ft. LOT 10 ry i LOT 11 FND. 5/8" I.R. FND. 5/ LOT 12 FND. 5/8" I.R. FND. 5/8" I.R. r-7.00' cd-9.90' PLAT OF: d— 90''06'0" Being a total of 20782.67 s ft.,made u o d= soroo'oo' g q• P the ten southwest feet of Lot 9, all of Lots 10, 11 and 12, Block 35 of the Del Mar Addition, as recorded in Volume 4, Pages 8-10 Map Records ofNueces County,Texas I, JARREL L. MOORE, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT TO THE BEST OF MY KNOWLEDGE, THIS PLAT RE— BEARINGS AND DISTANCES ARE BASED ON THE PRESENTS AN ACTUAL SURVEY MADE ON THE GROUND UNDER MY SUPERVISION TEXAS STATE PLANE COORDINATE SYSTEM NAD 83 AND SUBSTANTIALLY COMPLIES WITH THE MINIMUM STANDARDS FOR LAND TEXAS SOUTH TEXA ZONE. SURVEYING IN TEXAS AS SET FORTH BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYORS THIS THE 27TH DAY OF APRIL, 2021 TEXAS GEO TECH G;S7eR LAND SURVEYING, INC �F. * c�;•, 6330 SARATOGA BLVD. SUITE C �S( Corpus Christi, TX 78414 :::::::::::::::.:: (361) 993- 0808 Fax (361) 993-2955 4854 v ' DATE: 04/27/20210 DRAWN: RC JA EL L. MOORS fSS\0?P GISTERED PROFESSIONAL LAND SURVEYOR SCALE: 1" = 30' JOB NUMBER: 210324 LICENSE No. 4854 APPROVED: JLM SURVEY: JN & GC Del Mar Townhomes, P. U. D. Cole and Brownlee Corpus Christi, Texas 78404 Owner / Developer Southern Builders co, LLC 5702 S Staples Ste E-1, Corpus Christi, Texas 78413 Prepared by Chris Montalvo, Developer 5702 S Staples ste E-1, Corpus Christi, Texas 78413 361-765-1725 Chris@corpuschris.com Sept 1, 2021 Del Mar townhomes, P. U. D. Cole & Brownlee Corpus Christi, Texas 78404 Development Description: Delmar townhomes, P.U.D. is a proposed townhome community that will include 8 residential units on 0.477 Acres of land for a density of 17 Units per Acre. The proposed community will be a redevelopment of 0.477 Acres out of Lots 10,11,12 w10' of It 9, block 35, of the Del Mar Addition, recorded in Volume 4, Pages 8-10 of the Map Records Nueces County, Texas The redevelopment will utilize existing public roadways and, sidewalks for access. This development will complement existing developments in the area. – — – 13 r e a; ,5 • ,.�u r Y". ,ern 4 J s ` i Via. J 3 LOCATION MAP Development Standards per City of Corpus Christi Unified Development Code Minimum Site Area 20782.67 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 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) 11,400 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 Additional parking rear 3 required Total provided 19 provided Maintenance: 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. Development Guidelines For Common Area Lots Use: Non-residential structures for enjoyment and benefit of Del Mar townhome 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. 8' foot privacy trellis o� r z 0 0 � m m m p M O CD D- � zm mm�� o yN� x/10 J]D .T1� OZ po p C D O~ O D O O D y(7 ti Z O D cl w D N o cn ms � �m r A y m N D A m o ■ J \ J 1 \ NG LINE 90�� \QM. IPF DPOSE TWO TORY ^` • F MON CAR RGE ■ i ■ I I 1 PARKING SPAC S ■ ' I r n n 1 ■ m • mm I co • ^� n ■ I i i 8 PARKING PACES m� 1 A y z Dom ■ � m I m 7FO OPOS D TWO STOR C D> RPLE ONE C R GAI GE r m A z n ■ 7y < z � ■ IL H� do Z m 0 D z T U A Z U O • CK� ti m co a y D m= Hao � D mm a�ym Z r p s C7 G7 z 7 7 7 7 m~ co H O O O O 7 anz m m m m co CO) s o 0 0 n N r W O C1 az F m z m m m O_ z co z H m G) a m a m o "' x m m z 22.0' 24.0' 22.0' PARKING SPACE PRIVATE DRIVE PARKING SPACE m CONCRETE PAVEMENT CROSS SECTION s c� Ga � -�J AGENDA MEMORANDUM r+9 First Reading for the City Council Meeting of October 12, 2021 Second Reading for the City Council Meeting of November 9, 2021 DATE: August 26, 2021 TO: Peter Zanoni, City Manager FROM: Neiman Young, Assistant City Manager Neimany(d)-cctexas.com 361-826-3898 Heather Hurlbert, CPA, CGFO, Director of Finance & Business Analysis Heatherh3(a)cctexas.com 361-826-3227 Texas State Aquarium Amended Lease Agreement CAPTION: Ordinance authorizing the execution of the First Amended Lease and Operating Agreement with Texas State Aquarium Association to adjust the term to 20 years from the effective date of this amendment and provide up to $3,000,000.00 for construction of new Wildlife Rescue Center. SUMMARY: This ordinance executing a First Amended Lease and Operation Agreement with Texas State Aquarium Association (TSAA) restates and replaces in its entirety the prior Lease and Operating Agreement between the Texas State Aquarium Association and the City of Corpus Christi. The amendment will extend the lease term for an additional 20 years and provide funding of up to $3,000,000 in voter-approved general obligation bond funding for the construction of a new Wildlife Rescue Center. BACKGROUND AND FINDINGS: In Bond 2020, Proposition B included $3,000,000 for the City of Corpus Christi to provide leverage funding to assist the Texas State Aquarium with the construction of the new Texas Center for Wildlife Rescue and Research. The total cost for the project is $15,000,000, and the remainder of the funds will come from fundraising by the Texas State Aquarium. The City of Corpus Christi has a current lease agreement with the TSA. This lease needs to be amended to provide for the allocation of$3,000,000 for construction of the new Texas Center for Wildlife Rescue and Research and to extend the lease for an additional 20 years. Per City Charter, the approval of any lease exceeding 5 years requires 2 readings, no less than 28 days apart with the lease becoming effective on the 61 st day after the 2nd reading. In addition, a notice of the lease must be published within 5 days after each reading. To comply with this requirement the first reading of the lease ordinance is scheduled for October 12, 2021, the second reading of the lease ordinance is scheduled for November 9, 2021, and the amended lease will be effective on January 9, 2022. ALTERNATIVES: City Council could choose not to approve the amended Lease and Operating Agreement with TSA or could make additional recommendations. FISCAL IMPACT: The fiscal impact to the City of Corpus Christi is the remittance of up to $3,000,000.00 from general obligation bond proceeds to the TSA for the construction of a new Texas Center for Wildlife Rescue and Research. The City plans on issuing bonds in several tranches beginning in FY 2022. On December 1, 2020, the City Council approved a reimbursement resolution for the projects approved by the voters for Bond 2020 that included funding to the Texas State Aquarium for the Texas Center for Wildlife Rescue and Research. The resolution allows the City to begin expending funds for these projects prior to the issuance of general obligation bonds and can reimburse itself with bond proceeds for related expenditures. Section 4 of the amendment between the TSA and the City of Corpus Christi delineates the process by which the TSA can request funding from the City of Corpus Christi. The TSA may submit to the City of Corpus Christi's Director of Finance a "certification for payment" for reimbursement of actual costs related to the Rescue Center in a form outlined in Exhibit E of the amendment. The City will reimburse the TSA from Bond 2020 Proposition B funds in an amount up to $3,000,000.00 for construction of the Rescue Center. The agreement stipulates that the TSA may only submit one "certification for payment" form in each 30-day period. If the TSA fails to complete construction of the Rescue Center Project within three years of the commencement date, the City shall notify the TSA in writing of the event of default and provide 60 days from the date of the notice for TSA to cure the event of the default. If, after 60 days, and taking into account any extenuating circumstances that might have occurred through no fault of the TSA as determined by the City, the TSA shall immediately repay all funds paid by the City from Bond 2020 Proposition B. Funding Detail: Fund: 3296 — Park & Rec Bond 2020 Organization/Activity: 21081 —Texas State Aquarium — Rescue Center Mission Element: 141 Project # (CIP Only): 210813296EXP Account: 40500 RECOMMENDATION: City Staff recommends approval of the Amended Lease Agreement. LIST OF SUPPORTING DOCUMENTS: Ordinance Redline Copy - Amended Lease of Texas State Aquarium Amended Lease of Texas State Aquarium (Clean Version) Ordinance authorizing the execution of the First Amended Lease and Operating Agreement with Texas State Aquarium Association to adjust the term to 20 years from the effective date of this amendment and provide up to $3,000,000.00 for construction of new Wildlife Rescue Center. Whereas, the City and Texas State Aquarium Association have previously entered into multiple agreements to acquire and develop the Texas State Aquarium; Whereas, on November 3,2020, voters in the City of Corpus Christi approved Proposition B in an amount not to exceed $12,000,000 with priority projects including Texas State Aquarium Center for Wildlife Rescue and Research and other named projects; Whereas, the City's Voter's Guide for Bond 2020 stated "The City will provide leverage funding in the amount of$3M to assist the Texas State Aquarium with the construction of the new Texas Center for Wildlife Rescue and Research. Total costs for the project is $15 M and the remainder of the funds will come from fundraising by the Texas State Aquarium." Whereas, Texas Local Government Code Section 252.022 provides that a procurement of items that are available from only one source, including management services provided by a nonprofit organization to a municipal museum, park, zoo, or other facility to which the organization has provided significant financial or other benefits and a payment under a contract by which a developer participates in the construction of a public improvement as provided by Subchapter C, Chapter 212 are exempt from competitive bidding requirements; Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager or his designee is authorized to execute First Amended Lease and Operating Agreement with Texas State Aquarium Association to extend term and provide up to $3,000,000 for construction of new Wildlife Rescue Center. A copy of the First Amended Lease and Operating Agreement is on file 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 C:\Users\legistar\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@24138050\@BCL@2413B050.docx 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 C:\Users\legistar\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@24138050\@BCL@2413B050.docx First Amended Lease-Purchase and Operating Agreement between Texas State Aquarium Association and City of Corpus Christi State of Texas § County of Nueces § This First Amended Lease-Purchase and Operating Agreement (the "Lease" or "Lease- Purchase Agreement") dated as of the Commencement Date (as defined herein), amends, restates and replaces in its entirety that prior Lease and Operating Agreement between Texas State Aquarium Association and City of Corpus Christi dated Jttly 5, 2000.January 18, 2015. Recitals: The Texas State Aquarium Association, a Texas nonprofit corporation ("TSA" or "Lessee"), acting through its duly authorized President and CEO, or designee, ("President"), of 2710 N. Shoreline Blvd., Corpus Christi, Nueces County, Texas, 78402, has constructed and operates a public aquarium (the "Aquarium" as more specifically defined in Section 3) in Corpus Christi, Texas, on a nonprofit basis for multiple public purposes including the education and enjoyment of visitors from inside and outside of Texas, promotion and growth of scientific knowledge, advancement of interest in marine resources and the study thereof, and promotion of interest in the Corpus Christi Bay Area for both business and personal pursuits. The City of Corpus Christi, a Texas home-rule municipal corporation("City"or"Lessor"), acting through its duly authorized City Manager, or designee, ("City Manager") of 1201 Leopard, Corpus Christi, Nueces County, Texas 78401, is the owner of certain real property in Texas State Aquarium Subdivision on Corpus Christi Beach in Corpus Christi ("Aquarium Property") and on the Rincon Channel ("Sealab Property"). The State Legislature of the State of Texas has designated the Aquarium facility operated by TSA as the official Aquarium of the State of Texas. TSA has operated the Aquarium to deliver the above-mentioned public benefits in a manner reflecting favorably upon both TSA and the City while assuring appropriate accountability for all public monies previously contributed thereto. The City purchased certain property for the Aquarium pursuant to Ordinance No. 19619, adopted on February 2, 1987, which authorized the City to spend up to $1.3 million for the acquisition of certain property, improvement to certain property, and the form of lease for certain property acquired and improved. Further,the City and TSA j ointly funded the design of the Aquarium pursuant to Ordinance No. 19764, adopted on June 3, 1987, which authorized the City to spend up to $500,000 on Aquarium design, with TSA to pay for 50% of the design, and all design costs in excess of $1,000,000. L:\Legal Admin Attorneys\Lisa\2021 Parks\Redline City 09-14-2021 edits First Amended Lease to 2014 Lease and Operating Agreement-as final in 2014.TS edits(3)(1).docx 2 The City and TSA entered into a Purchase Agreement, whereby TSA would construct the Aquarium on land it had separately acquired and subsequently convey said land and the completed Aquarium to the City in consideration of the City's paying the purchase price for such completed Aquarium,then the City would lease the property back to TSA along with other property acquired by City for a 20-year lease term for TSA to operate the Aquarium, authorized by Ordinance No. 019674, adopted on June 15, 1987. The City actually leased the Aquarium Property to TSA by virtue of a lease dated October 5, 1988, authorized by City Ordinance No. 020507 on March 29, 1988,which included a five-year lease on adjacent subsurface area. The City subleased certain parking lots, leased by the City from the Texas Department of Transportation, to TSA with the agreement that TSA would operate the parking lots and pay a portion of the debt service related to construction of the parking lots by virtue of a lease authorized by Ordinance No. 021839, adopted on December 21, 1993. By Agreement of March 20, 1996, authorized by City Council Resolution 022500 on February 27, 1996, TSA conveyed certain additional real property to the City in consideration of TSA revenue-backed Certificates of Obligation ("Certificates") in the amount of$4,400,000. The City and TSA entered into a new 20-year lease covering all of the above referenced properties by a lease dated July 5, 2000, authorized by City Ordinance No. 024083 on June 27, 2000, providing for the continued occupancy and operation of the Aquarium by TSA until September 5, 2020. The City and TSA also entered into multiple other agreements to acquire and develop the Aquarium, and all such agreements are of public record. TSA desires to expanded the Aquarium to construct the Caribbean Building " , as more particularly described below, and in order to finance such expansion plans TSA require-sd a long-term leasehold interest in the Property, and both the City and TSA desit:eeentered into a Lease-Purchase Agreement effective January 18, 2015 to provide the option to purchase and extend the other terms, conditions and provisions of the then-current lease and operating agreement in order to facilitate such expansion plans and assure the continued maintenance and modernization of the Aquarium on a long-term basis. The City and TSA further 4e4e4-e-provided for the purchase and re-acquisition of the land and improvements comprising the Aquarium by TSA conditioned on the faithful performance by TSA of its obligations under this Lease-Purchase Agreement and continuation of the operation of an aquarium and sea life park for a minimum of fifty (50)years. TSA desires to construct new Texas State Aquarium Wildlife Rescue Center on the Aquarium Property which the Wildlife Rescue Center is depicted on the attached Exhibit C. On November 3,2020, voters in the City of Corpus Christi approved Proposition B in an amount not to exceed $12,000,000 with priori . projects including Texas State Aquarium Center for Wildlife Rescue and Research and other named projects. 2 3 The City's Voter's Guide for Bond 2020 stated"The City will provide leverage funding in the amount of $3M to assist the Texas State Aquarium with the construction of the new Texas Center for Wildlife Rescue and Research. Total costs for the project is $15 M and the remainder of the funds will come from fundraising by the Texas State Aquarium." NOW, THEREFORE, the City and TSA, in consideration of the covenants contained herein, do mutually agree as follows: Agreement: 1. Premises. The City leases to TSA all of the property described in the attached and incorporated Exhibit A, all of City's interest in the Sealab Property described in the attached and incorporated Exhibit B, and all improvements located thereon (collectively called "Aquarium Property" or "Lease Premises") for and in consideration of the covenants and conditions of this Lease. 2. Term. This Lease-Purchase Agreement is for a term of f4tytwen (45 820) years, commencing on the 61st day after final City Council approval, which is , 20142021, and terminating on December 31, 2"42041. 3. Consideration and Permitted Use. The Aquarium Property must be used solely as an aquarium and sea life park, and rescue center, herein referred to as either "Aquarium" or "Aquarium Facility"; provided, however, that TSA may operate food, drink, souvenir, and such other concessions as the President may deem consistent with, but secondary to, operation of the Aquarium, including without limitation participating in fundraising activities. 4. The Project. TSA will ee, design, bttild, maintain and opefatefinanced, designed, built, and currently maintains and operates theme Caribbean Journey building (the "Caribbean Building")-based on plans and specifications approved by the City Manager of the City (the "Caribbean Building -Project"). The Caribbean Building_Prcject eempl-emefi4 o lements the e�Eisfing Gulf of Mexico Exhibit Building (the "Gulf of Mexico Building"), in order to further the Aquarium experience in: • Interpreting the unique biodiversity and culture of the Yucatan region; • Utilizing state-of-the-art, immersive, interactive aquarium exhibitions; • Incorporating a multi-sensory 4D-theater experience; • Adding the capacity and building infrastructure to expand the Aquarium's research and conservation programs, guest and event services, and catering capabilities. TSA ..,:' was solely responsible for the design, construction and furnishing of the Caribbean Building Project and wi44 expended an amount not less than $45 million therefor. me n 14AQ 4wds The Wildlife Rescue Center Proiect. TSA will finance, design, build, maintain and operate a new Wildlife Rescue Center on the Aquarium PropertM (the"Rescue Center"). The Rescue Center 3 4 and its location are depicted on the attached Exhibit C. TSA will be solely responsible for the design, construction and furnishing of the Rescue Center and will expend not less than $15 million therefor. TSA has full funding-a available, raised from donors, and from cash reserves. These funds include $3 million available through _Proposition B of the City Proposition B of the City 2020 bond election. TSA may submit to the City Director of Finance a Certification for Payment,in the form attached hereto as Exhibit E for reimbursement of actual costs related to the Rescue Center. The Ci . will reimburse the TSA from Bond 2020 Proposition B funds in an amount up to $3,000,000.00 for construction of the Rescue Center. TSA may only submit one Certification for Payment in each 30 dayperiod. If TSA fails to complete construction of the Rescue Center Project within three years of the Commencement Date, the City shall notify TSA in writing of the event of default and provide 60 days from the date of the notice for TSA to cure the event of the default. If, after 60 days, and taking into account any extenuating circumstances that might have occurred through no fault of TSA, as determined by the City, TSA shall immediately repay all funds paid by the City from Bond 2020 Proposition B. Upon completion of the Rescue Center Project, TSA Pfe ,fty , ewffed by the Pef+ of re�„� Ghfisti At4hofiW, may w4l—vacate the Sealab property which will then revert back to its respective owner. th nor TSA shall notify the City Risk Manager in writing if TSA vacates the Sealab property. 5. TSA Responsibility. TSA shall be exclusively responsible for all planning, design, financing, advertising for bids, choice of contractor, supervision of construction, construction, equipping, stocking, establishment, operation, maintenance, management, and all other activities related to the Aquarium. TSA is not relieved of such responsibility by any approval of the plans and specifications, inspection or approval by City or its agents of the Aquarium or any part thereof or any activity connected therewith,nor by any right of City,under this Lease-Purchase Agreement or otherwise, whether exercised or not, to make any such inspection or approval. Nothing in this Lease shall commit any City funds to pay for any maintenance or improvements to the Aquarium, and nothing herein shall commit the credit of the City for the payment of any obligations incurred by TSA in connection with its operation of the Aquarium and the construction of the Project or any improvements to the Aquarium. 6. Aquarium Operation, Admission. TSA must operate the Aquarium in a businesslike manner at all times. TSA shall furnish and stock the Aquarium with all marine life, exhibits, artifacts, equipment and facilities consistent with a quality aquarium operation. The Aquarium shall be operated by TSA for the use and benefit of the public and must be open during a reasonable portion of the daytime hours of most days of the year; provided however, that TSA may charge a fee for admission to the Aquarium Facility on a nondiscriminatory basis and TSA may fence the Aquarium Property and restrict access. TSA may adopt admission fee rate structures of the type normally adopted by public zoological institutions. 7. Revenues Generated. All funds generated by the operation of the Aquarium and/or private fund raising efforts of TSA shall be used exclusively by TSA for the benefit of programs and facilities supporting the purposes specified in TSA's mission statement or as otherwise 4 5 allowed under Section 501(c)(3) of the Internal Revenue Code. TSA will use its best efforts during the term of this Lease to raise sufficient funds to fully support the Aquarium. 8. Safety. TSA must operate, inspect, and maintain adequate firefighting and safety systems on the Aquarium Property. 9. Maintenance. At all times during this Lease TSA must keep and maintain in good repair and clean and attractive condition all buildings, improvements, grounds, and personal property on the Aquarium Property, and if any improvement erected on the Aquarium Property for Aquarium purposes is damaged or destroyed, TSA, as soon as the same may be done, must repair or restore the improvement to as good condition and value as existed before such damage or destruction, unless prohibited by law. Until the termination or expiration of this Lease, TSA shall continue to maintain the buildings,improvements, grounds, and personal property in the condition required in the preceding sentence. 10. Pollution of Bay. TSA shall make reasonable efforts to ensure that no pollutant, effluent, liquid or solid waste material, fresh or salt water discharge (except salt water discharges authorized by applicable local, state and federal government permits), litter, trash, or garbage that originates from the Aquarium Property is allowed to collect in Corpus Christi Bay, Nueces Bay, or neighboring property. TSA shall be solely responsible for any pollutant, effluent, liquid or solid waste material, fresh or salt water discharge (except salt water discharges authorized by applicable local, state and federal government permits),litter,trash, or garbage that originates from the Aquarium Property. 11. Financial Statements. TSA shall keep strict and accurate books of account and shall deliver to the City's Director of Finance an annual financial statement prepared by an independent certified public accounting firm reflecting financial operations of TSA for such calendar year, no later than May 31 annually. The books of account must be available to City Manager upon request during normal business hours. 12. Transfer of Funds Regarding 1996 Certificates. TSA has paid the debt service on the 1996 $4.4 million Combination Tax and Revenue Certificates of Obligation 13. Assignment or Sublease. TSA may not assign this Lease nor sublease the Aquarium Property, nor any part thereof, without the prior written consent of the City, except in connection with a permitted leasehold mortgage as provided below. Provided, however, TSA may contract for and/or sublease concessions for the Aquarium and space rent any portion of the facilities for special events, so long as TSA maintains control over such areas and assures that their operation is consistent with this Lease. Provided, further, TSA may sublease dock space to allow tourist boat, water taxi, research and university boat access. 14. Leasehold Mortgages. TSA shall have the right to pledge its rights under this Lease in one or more successive leasehold mortgages to secure any indebtedness borrowed by TSA for the construction of the Project or any subsequent improvements by TSA during the term of this 5 6 Lease. No more than two leasehold mortgages may be in effect at any time, but the term of any such leasehold mortgages can be renewed, extended and modified from time to time as required by TSA and its lenders. TSA shall provide written notice to the City of any such leasehold mortgages, the name of the lenders and addresses for notice purposes, the loan amount, and the terms of the loans prior to the creation of any such leasehold mortgages. Any such leasehold mortgagees shall be entitled to the rights and benefits as provided in this Lease for any leasehold mortgagee. 15. Sanitation. Garbage and trash must be stored on the Aquarium Property in normal containers or dumpster type containers inside a screened or appropriately landscaped area. Garbage pick-up service must be obtained by TSA on a schedule sufficient to maintain the Aquarium Property in a clean and sanitary condition. 16. Parking. Parking shall be provided pursuant to one or more leases of the adjacent parking lot subject to the covenants of the Certificates of Obligation issued for construction of the parking lot. The City and TSA agree to negotiate in good faith for the addition of the parking lot to the Aquarium Property during the term of this Lease. The City and TSA will request TxDOT to declare the property that is currently leased from TxDOT, and subleased to TSA for the parking lots, to be surplus property, appraised and conveyed by TxDOT to the City for resale by the City to TSA. 17. Nondiscrimination. TSA is and will continue to be an equal opportunity employer and hereby covenants that no employee or customer will be discriminated against because of race, creed, color, sex, disability, or national origin. 18. Inspection. City personnel may enter upon the Aquarium Property, including all improvements thereon, at all times, for purposes of any inspection, repair, fire or police action, and the enforcement of this Lease. 19. Contractor's Insurance. During this Lease, TSA shall require all contractors employed for the construction of the Project, and all other Aquarium improvements or additions, to maintain at the contractor's sole expense (and provide documentation thereof prior to commencement of construction): insurance coverage throughout the construction period in at least the following amounts: (a) commercial general liability insurance, with TSA and City named as Additional Insureds. Such coverage must have either a minimum liability limit of$1,000,000 per occurrence an $2,000,000 aggregate. Additional Insured Endorsement must be provided with Certificate of Liability Insurance (b) automobile liability insurance, with $1,000,000 combined single limit.; TSA and the City shall be listed as an additional insured on the policy. (c) Workers' Compensation insurance covering all employees of TSA's contractor(s) and subcontractor(s) engaged in any work at or on the Aquarium Property, or TSA's contractor(s) and subcontractor(s) must be a "Certified Self-Insurer" as that term is 6 7 defined in Chapter 401 of the Texas Labor Code, as it may be amended ("Approved Equivalent"). If an Approved Equivalent to Workers' Compensation for compensating injured employees is utilized a current copy of each contractor and subcontractor policy must be kept on file with the City Secretary's copy of this Lease, incorporated and attached as Exhibit 281). Any time such policy is revised,the newest revision becomes the attached and incorporated Exhibit 281). If Workers' Compensation insurance is provided, a certificate of insurance must be provided, together with notice of cancellation,non-renewal, or material change as set out in Section 20 herein. A waiver of subrogation shall be provided on behalf of TSA and the City; (d) builder's risk insurance written on an all risk basis with valuation at replacement cost for the full value of improvements will be required on construction projects estimated to cost more than Two Hundred Fifty Thousand Dollars ($250,000); (e) performance and payment bonds for the full value of the contract are required on projects estimated to cost more than One Hundred Thousand Dollars ($100,000). 20. Texas State Aquarium Insurance. TSA shall obtain at its own expense: (a) commercial general liability insurance, with City named as Additional Insured. Such coverage must have minimum liability limit of $1,000,000 per occurrence and $2,000,000 aggregate. (b) automobile liability insurance, with liability limits of $1,000,000 combined single limit. The City shall be listed as an additional insured on the policy.; (c) Workers' Compensation insurance or its approved equivalent, covering all employees of TSA engaged in any work at or on the Aquarium Property. If an approved equivalent to Workers' Compensation for compensating injured employees is utilized a current copy of TSA's policy must be kept on file with the City Secretary's copy of this Lease, incorporated and attached as Exhibit 281). Any time such policy is revised,the newest revision becomes the attached and incorporated Exhibit 281). If Workers' Compensation insurance is provided, a certificate of insurance must be provided, together with notice of cancellation, non-renewal, or material change as set out in this Section 20 herein. A waiver of subrogation shall be provided. (d) property insurance, throughout the term of this Operating Lease, in the amount of no less than 80% of the full replacement value of all TSA real and personal property on an "all risk basis" subject to normal and customary exclusions, however, the flood insurance requirement may be limited to the maximum available through the Federal Flood Insurance Program; provided, however, if excess flood insurance is available in the standard insurance market, TSA will provide no less than 50% of the coverage set out above. Further provided, however, that the windstorm insurance requirement may be limited to the maximum available through available markets;provided, however, if excess windstorm insurance is available in the standard insurance market, TSA will provide no less than the 80% coverage set out above. 7 8 TSA shall provide City Manager with evidence of insurance coverage annually within thirty (30) days of the anniversary of each such insurance policy. Such insurance must contain a provision that it may not be canceled or materially changed or not renewed without thirty days written notice to the City Manager. If TSA fails to maintain such insurance, City may terminate this Lease, or at its option procure such insurance, in which case any monies paid by City must be repaid by TSA upon City Manager's written demand, with interest at the maximum permissible legal rate. TSA shall decide whether to repair, rebuild, or replace any damaged property. If TSA decides to repair, restore, or rebuild, it shall develop plans and specifications as appropriate, and submit them to the City Manager for approval,which approval shall not be unreasonably withheld and shall be granted or denied within thirty (30) days of any request by TSA. If TSA determines not to repair, rebuild, or replace the property, all insurance proceeds remaining after the payment of the indebtedness to any leasehold mortgagee shall be paid to the City up to but not in excess of its unpaid obligations under this Lease. Any excess insurance proceeds may be retained by TSA. Further, TSA shall have the option, but not the requirement, to participate in the City Property Insurance program when such participation is deemed beneficial to the Aquarium. Should this option be exercised, As the named insured on the property policy, TSA shall pay the City for their portion of the insurance coverage billed by the City. Property damage caused by an insurable peril above the established deductibles shall be reported to the City's Risk Management Division. The City shall submit all claims to City's Insurance Agent/Broker who will in turn,notify the necessary property insurance carriers of the damage. The City shall be responsible for the coordination of all claims with the carrier(s). In the event of a large property loss, the City, as the named insured will receive disbursement of payment from the insurance carrier(s) and then disburse accordingly. 21. Indemnity, Hold Harmless and Waiver of Subrogation. TSA agrees to indemnify, defend and hold harmless the City, its officers, employees, and agents against any and all liability, damage, loss, claims, demands, suits, and causes of action of any nature whatsoever on account of personal injuries, property loss or damage, or any other kind of damage, including all expenses of litigation, court costs, and attorney's fees, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any way connected with, TSA's performance under this Lease or TSA's or any of its agents', employees', officers', or invitees' use, operation, or occupancy of the Aquarium Property or the Aquarium. TSA and City shall mutually agree to waive any rights of subrogation to each other as respects insurance claims, injuries, or property damage. TSA shall at its own expense investigate all such claims and demands, attend to their settlement or other disposition, defend all actions based thereon, and pay all charges of attorneys and all other costs and expenses of any kind arising from any such liability, damage, loss, claims, demands, and actions. 22. Access for Individuals With Disabilities. The Aquarium and all improvements thereto must be constructed to be readily accessible to individuals with disabilities and in compliance with all applicable state and federal laws. 8 9 23. Utilities. City has made sewer, water, and natural gas service available to the Aquarium Property, at standard rates offered by City for comparable users. TSA must pay for all utility services whether provided by City or another supplier. TSA will make every effort to establish itself as a utility conservation leader,particularly in the area of adaptive water re-use. 24. Compliance With Laws, Permits. In the planning, design, construction, and operation of the Aquarium and future improvements, TSA shall comply with all applicable federal, state, and local laws, ordinances, rules and regulations. All applicable permits and licensees must be obtained by TSA. City shall cooperate in obtaining permits and licenses from other agencies by applying or joining TSA in applying for such where City is a necessary party t to the application. TSA shall, however, prepare all documents, information, and materials necessary to support any such application. TSA recognizes that as to City licenses or permits, City must apply its rules in an objective, uniform manner. 25. City Financial Contribution. City does not assume, and has no other responsibility whatever for, any financial obligations incurred or created by TSA or its officers, employees or agents, in connection with the planning, design, financing, construction, equipping, stocking, establishment, operation, or other activity relating to the Aquarium, and TSA shall not represent or infer otherwise to any third party. 26. Prior Agreements. 4te 20 Yea-r- Lease bets=een City and TC^, her-izedb-Y > > at whieh t4me it > > The 50-year Lease-Purchase Agreement between City and TSA, authorized by Ordinance 030345 adopted on November 18, 2014 and dated January 18, 2015 remains in full force and effect, except as inconsistent herewith, until the Commencement date, at which time it expires automatically.All bond covenants and covenants related to the 1996 Tax and Revenue Certificates of Obligation or any other financing that was provided to TSA by City using City's credit, tax base, etc. for the Aquarium remain in full force and effect until said indebtedness is fully retired. All other prior agreements between City and TSA are of no force and effect. 27. Lease Relationship. The parties intend to create a landlord/tenant relationship, and this Lease must be construed conclusively in favor of that relationship. Nothing herein contained may be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto, it being understood and agreed that no provision contained herein, nor any of the acts of the parties hereto, may be deemed to create any relationship between the parties herein other than that of landlord and tenant. 28. Modifications. No changes or modifications to this Lease may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each parry. In the event any leasehold mortgages are in effect concerning this Lease- Purchase Agreement, such changes or modifications also will be subject to approval by any leasehold mortgagees. 9 10 29. Termination of Lease. Upon occurrence of any Event of Default (as defined below), the City may, at its option, in addition to any other remedy or right hereunder by law, give notice to TSA's President, and any leasehold mortgagee for which written notice has been provided to the City pursuant to the terms of this Lease, that unless such Event of Default has been cured as required herein that this Lease shall terminate upon the date specified in the notice, which date will not be earlier than sixty (60) days after the giving of such notice. Each of the following will be deemed an Event of Default: (a) failure to have in effect, at all applicable times, policies of contractor's insurance, liability insurance, workers' compensation insurance or its approved equivalent, and property insurance as required elsewhere herein; (b) intentional, knowing, or fraudulent failure to maintain strict and accurate books of account, or to furnish said books of account to City Manager for inspection, as provided elsewhere herein; (c) abandonment of the Aquarium Property; (d) failure of TSA for a period exceeding 180 days to regularly operate the Aquarium, open to the public, at least five days per week during reasonable business hours; provided, however, that there will be subtracted from such calculation of days any period during which TSA's failure is attributable to acts of God or public enemy, the elements, fire, flood, labor dispute, civil disturbance, or other similar cause beyond TSA's control, without the City Manager's prior written approval as an exception; (e) failure of TSA to correct any default in the performance or observance of any other covenant or condition of this Lease; or (f) in the event any securities issued by the City are outstanding that are conditioned upon TSA's tax-exempt status under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, written notice by the Internal Revenue Service that the exemption of the TSA from federal income taxation under Section 501(c)(3) of the Internal Revenue Code of 1986 has been finally revoked; provided, however, the parties agree that in the event this Lease is canceled by reason of such loss of tax exemption under such Section 501(c)(3), then, in good faith, the parties will negotiate and execute a lease or management contract which complies with the provisions of the Internal Revenue Code of 1986, as amended, so that the interest on any securities issued by City to acquire the Aquarium will not be subject to federal income taxes. (g) failure to repair or replace,and dedicate a new easement if necessary,that 48-inch storm water line that Phase 11-A of the Aquarium was constructed over, upon the City Manager's written request, all as provided in Section 38 below. (h) Provided, however, that in the event curing any of the above Events of Default would reasonably require more than sixty (60) days, TSA shall have an extension of the time 10 11 required to cure such Event of Default for so long as City may reasonably determine that TSA is proceeding diligently with curing such Event of Default. 30. Leasehold Mortgagee Rights in Event of Default. If notice has been provided to City of a leasehold mortgage pursuant to the provisions of this Lease and indebtedness remains secured by such leasehold mortgage, this Lease may not be terminated unless and until the City has provided a second notice of default after expiration of the time required for cure under the notice of default provided above and afforded said leasehold mortgagee an additional thirty (30) days to cure any such default in the case of any monetary default and an additional sixty (60) days to cure any such default in the case of any non-monetary default. In any event, this Lease shall not be terminated if a leasehold mortgage is in place with indebtedness outstanding unless the City has afforded said leasehold mortgagee the opportunity to assume and assign this Lease, and arrange for the assumption of this Lease by another qualified tax exempt lessee,pursuant to a foreclosure of the leasehold mortgage or such other rights as said leasehold mortgagee may have and comply with the requirements of this Lease. Such opportunity may require additional time to the notice periods provided above, and for so long as City reasonably determines that the leasehold mortgagee is diligently proceeding with curing any such Event of Default the time for curing the Event of Default shall be extended accordingly. Alternatively, the City may, at its option but without any obligation to do so, pay any remaining indebtedness secured by such leasehold mortgage and terminate this Lease immediately after providing the initial notice of the Event of Default as required above. In any event, the City is under no obligation to pay any such indebtedness, and the full faith and credit of the City is in no way obligated under the terms of this Lease. 31. City's Rights on Termination. Upon termination of this Lease as hereinabove provided, or pursuant to statute, or by summary proceedings or otherwise, City may take possession of the Aquarium Property either by summary proceedings, or by action at law or in equity, or by force, or otherwise, as City may determine,without being liable in trespass or for any damages. The foregoing rights and remedies given to the City are, and will be deemed to be, cumulative of any other rights of the City under law, and the exercise of one will not be deemed to be an election, and the failure of the City at any time to exercise any right or remedy will not be deemed to operate as a waiver of its right to exercise such right or remedy at any other future time. 32. Effect of Termination or Expiration. Upon termination or expiration of this Lease, the Aquarium Property and all buildings on the Aquarium Property shall become the property of the City; provided that, TSA shall have the right to remove all furnishings and personal property placed in such buildings at TSA expense, at TSA's option, at any time until one hundred eighty days (180) days after termination or expiration of the Lease. If TSA fails to remove such fixtures and personal property within that time period, such property shall become the property of the City. Any City monies payable under this Lease which, at the time of termination or expiration, remain unspent, must be returned to or retained by City and spent by City as it sees fit. 33. Publication Costs. TSA shall pay the cost of publishing in the legal section of the local newspaper any provisions of this Lease required by the City Charter. 11 12 34. Taxes and Assessments. (a) In addition to the foregoing sums, TSA shall, as further consideration for this Lease, pay and discharge all ad valorem taxes, general and special assessments, and other charges of every description which during the term of this Lease may be levied on or assessed against the Lease Premises, including all interests therein, improvements thereto, or property thereon, whether belonging to the City or TSA or to which either of them may become liable in relation thereto. (b) Timely Payment by TSA. TSA agrees to and shall pay all the foregoing ad valorem taxes, if any, assessments and charges not less than twenty (20) days prior to the delinquency thereof, and give written notice of such to Lessor within five (5) days after such payment is made. (c) Advance by Lessor. If Lessee fails to pay any such ad valorem taxes or assessments or fails to give written notice of any payment thereof at least ten (10) days prior to the time the same becomes delinquent, the City may, at its option, at any time within or after such ten (10) day period, pay any ad valorem taxes or assessments, together with all penalties and interest which may have been added thereto. Any such amount so paid by Lessor shall become immediately due and payable by TSA to the City, together with interest thereon at the highest rate authorized by law. Any such payment which the City may make pursuant to this Section 34 shall not constitute a waiver of any rights which the City may have under the provisions of this Lease or as provided by law. (d) Tax Exemption. Notwithstanding anything to the contrary in this Section 34, the TSA and the City agree the Lease Premises are exempt from taxation in accordance with the laws of the State of Texas, and that TSA shall have the full right to administratively or judicially challenge any tax or assessment levied or attempted to be levied on the Lease Premises. Save and except to the extent it becomes necessary to pay any tax or assessment to protect the property and security interests of TSA, the City and any assignee, TSA may, in its sole discretion, elect not to pay any tax or assessment until such time as the tax or assessment is determined to be due and owing on the Lease Premises by a final judgment issued by a court of competent jurisdiction. 35. Notices. Any notices provided for under this Lease must be given in writing, to the City, by delivering or mailing the notice as follows: To the City: City Manager City Hall P.O. Box 9277 Corpus Christi, Texas 78469-9277 To TSA: Texas State Aquarium Association 2710 N. Shoreline Blvd. Corpus Christi, Texas, 78402 To Leasehold Mortgagee: [Address to be provided by written notice.] 12 13 The parties may from time to time designate new addresses for notice purposes by written notice pursuant to this provision. All notices will be deemed delivered on the third day after mailed by prepaid postage in U.S. mail. 36. Captions. Captions employed in this Lease are for convenience only and are not intended to and do not in any way limit or amplify the terms or provisions herein. 37. Future Additions. Both parties to this Lease recognize that improvements to the Aquarium Property may be required from time to time in order to maintain a state of business which produces adequate funds to meet the debt service requirements of this Lease. For interior construction that does not involve a structural change and for incidental exterior construction (e.g. sidewalks, open air structures) the President has the authority to undertake such improvements, subject to compliance with applicable City building codes and regulations, without prior City Manager approval. For interior construction that does involve a structural change, for exterior construction that involves changing the footprint of the existing Aquarium, or for additional structures (e.g. new phases) that are desired by TSA, plans and specifications shall be submitted by TSA to the City Manager for City Manager's approval which will not be unreasonably withheld. 38. Storm Water Line. The parties acknowledge that Phase II-A of the Aquarium facility was constructed over a 48-inch storm water line that is the major storm drain for the south end of North Beach. The City agreed to continue to maintain the storm drain and water inlet regulator. The parties further acknowledge that parts of the Caribbean Building also may be built over the 48-inch storm water line. If the storm water line within the Aquarium Property needs to be repaired or replaced, TSA shall pay for all costs associated with repair or replacement, including granting any additional easement needed to relocate the storm water line. The City Manager will make written demand to the President for repair or replacement of the storm water line within the Aquarium Property and set a reasonable time frame to accomplish same. Failure to repair or replace, or at least begin to repair or replace, within the time frame set out by the City Manager is grounds for City to terminate this Lease. City does not warrant the 48-inch storm water line, and the construction by TSA of any improvements over the 48-inch storm water line is expressly at its own risk. 39. Representations; Cooperation. TSA acknowledges and agrees that the Aquarium Property and all improvements thereon, or to be constructed thereon, are leased by City to TSA, and are accepted by TSA "AS IS", in their current condition and appearance, and without any warranties by City, expressed or implied, with respect to appearance, condition, defects, habitability, fitness for any specific purpose, or the availability of access. TSA agrees that TSA is not relying and will not rely on any statement, covenant, representation, or warranty pertaining to any of the matters described in this paragraph which is not expressly set forth in this Lease. City and TSA shall cooperate to enforce all warranties and causes of action available to either parry against third parties arising out of or in any way related to this Lease. 40. Options to Purchase. In consideration of the timely performance by TSA of each and all of its obligations pursuant to this Lease-Purchase Agreement, including,but not limited to, the financing, design and construction of the Project in compliance with Section 4 above, the 13 14 payment of all the debt service on the 1996 $4.4 million Combination Tax and Revenue Certificates of Obligation in compliance with Section 12 above, TSA shall have the option to purchase the City's interest in this Lease and the Lease Premises, as follows: (a) Option to Purchase at Expiration of Lease Term. Upon the expiration of this Lease-Purchase Agreement and TSA having timely performed all of its obligations under this Lease-Purchase Agreement as above provided, TSA shall have the option to purchase the City's interest in this Lease and the Lease Premises for the additional sum of Ten Dollars ($10.00), provided: (i) Lessee is not in default under the Lease; (ii) Lessee gives notice to the City of its intention to exercise this option within sixty (60) days from the expiration date of this Lease, and (iii) City is provided a Special Warranty Deed, containing the provisions set forth in Section 41 below and in form and content otherwise acceptable to the City, with directions for delivery of the Special Warranty Deed by the City to TSA; and (iv) Lessee complies with all applicable laws concerning acquisition of the Lease Premises. (b) Early Option to Purchase. In consideration of the performance by TSA of all of its obligations under this Lease-Purchase Agreement and the payment to City in full of the funds required to be paid under this Lease, TSA shall have the option to purchase the Lease Premises from City upon the terms and conditions set forth in this subsection 40(b). This early e. !hase ftiay be eieef:eised a+ Imease er- eo ao earlier- date after- TSA has eeffi-pleted t4e payffietit ef debt set=viee Prvfe"cam-as r-e"ir-e r-taderSeetioiTF--ittto2r-fefinecr-all all This early option to purchase may be exercised at any time after the later of (a) expiration of 7 (seven) years from the Commencement Date of this Lease, or (b) when the tax exempt certificates allocated to the Rescue Center(or any obligations issued to refund such certificates) are no longer outstanding_ (b)Lc) TSA may exercise this option by providing at least sixty (60) days' written notice to City of its intention to exercise the option on the following terms: i. The consideration for the sale shall be the payments and performance above provided and the additional sum of $100.00, and TSA's acceptance of a covenant running with the land, as provided in Section 41 below, to continue the operation of the Aquarium Property as an aquarium and sea life park in the manner required under Section 3 above. ii. Any survey, title insurance, title searches or similar closing expenses shall be at the sole cost and expense of TSA. 14 15 iii. Closing of the purchase and re-acquisition of the Aquarium Property shall occur at the offices of a title company selected by TSA or at City's offices as designated in the notice of exercise of the option provided by TSA. iv. The Aquarium Property shall be conveyed by City to TSA "AS IS" in its then existing condition, subject to those matters of record as set forth in the deeds obtained by City when it acquired the Aquarium Property, without any warranties or representations of City whatsoever except for the limited warranty of title provided in the form of special warranty deed promulgated by the State Bar of Texas. V. No brokerage fees or commissions shall be due or owing to any party arising from the transaction. vi. The Aquarium Property conveyed specifically shall exclude any parking lots being leased by City from the State of Texas and subleased to TSA vii. The Lease Premises will be conveyed to TSA by the City by a Special Warranty Deed containing the provisions set forth in Section 41 below, and in form and content otherwise acceptable to the City. Upon the closing of the purchase under either of Subsection 40(a) or 40(b), this Lease shall terminate and be of no further force or effect, and the parties shall be released from all obligations hereunder; provided that, TSA shall have the continuing obligation to fund, operate and maintain the Lease Premises for the purposes set forth in this Lease, as provided in this Lease, and nothing in this section shall be construed as releasing TSA from its obligations under the deed to continue operation of an aquarium and sea life park as provided above. 41. Special Warran . Deed. Upon TSA's exercising its option to purchase in compliance with the terms and conditions of this Lease-Purchase Agreement, the City shall convey the Lease Premises to TSA by Special Warranty Deed. In addition to other terms and conditions acceptable to the City, the Special Warranty Deed shall contain and include the following provisions: (a) Right of First Refusal. If TSA shall decide to sell the above described property to a third parry on established terms and conditions acceptable to TSA, TSA shall first offer the property to the City for the price and on the same terms and conditions as are offered by the third parry. The City shall have ninety (90) days from the date of the offer to the City in which to accept or reject the offer. In connection with any such exercise of this right of first refusal by the City, the City shall be entitled to a credit against the purchase price equal to the $14,5000,000 bond indebtedness issued by the City in connection with the initial construction of the Aquarium. This right of first refusal shall inure to the benefit of City, and the City's successors, representatives, and assigns, and shall continue in full force and effect for a period of seventy-five (75) years from and after December 31, 2014, and at the expiration of that period shall be of no further force or effect. In the 15 16 event that the City elects not to exercise the right of first refusal, the City shall be repaid the $14,5000,000 bond indebtedness issued by the City in connection with the initial construction of the Aquarium out of the sales price. Nonetheless, the City Council may agree to subordinate this$14,500,000 repayment obligation to future specified mortgage indebtedness. (b) Subordination to Caribbean Building _Mortgage Indebtedness. The Indebtedness. The obligations of TSA to reimburse the $14,500,000 bond indebtedness to the City shall be expressly subordinate to the obligations for payment of mortgage indebtedness incurred by TSA pursuant to the terms and conditions of this Lease-Purchase Agreement for the construction of the Caribbean Building Project. Such subordination shall be included in the Special Warranty Deed provided above and identify the leasehold mortgages, if any remain in effect at such time, by date and recording information. (c) Restrictive Covenant. The above described property shall be used, occupied and maintained solely as an aquarium and sea life park ("Aquarium"); provided, however,that Grantee may operate food,drink,souvenir,and such other concessions as the Grantee may deem consistent with, but secondary to, operation of the Aquarium, including without limitation participating in fundraising activities; and provided further that if the property is damaged by fire, storm or other event beyond Grantee's control the Grantee shall not be in violation of this Restrictive Covenant so long as Grantee is taking such action as is necessary to finance, design, rebuild, reconstruct or repair the damages to the property in a timely manner. This restrictive covenant shall expire on December 31, 2089. (d) Utility Easements. The City shall have the right to reserve in the Special Warranty Deed utility easements as needed to accommodate public utilities maintained in areas being conveyed to TSA. (e) Storm Water Line. The obligations of TSA in Section 38 above concerning the 48- inch storm water line shall be continued in the Special Warranty Deed unless TSA has relocated such storm water line into a new easement without any encroachments of TSA improvements. (f) Reverter Clause. If TSA violates the above and foregoing Restrictive Covenant, after the lapse of sixty (60) days' written notice and the opportunity to cure such violation the ownership and title to above described property and all improvements and fixtures thereon shall revert to the City immediately upon the City giving TSA written notice of reversion. EXECUTED in duplicate originals this day of , 2021, by duly authorized representatives of the parties. Attest: City of Corpus Christi, Texas 16 17 By: By: Rebecca Huerta, City Secretary Name: Title: Legal form approved on , 2021. By: Assistant City Attorney Texas State Aquarium Association By: Thomas H. Schmid, President& CEO Acknowledgements STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the , 2021,by Thomas H. Schmid,as President&CEO of the Texas State Aquarium Association,a Texas non-profit corporation, on behalf of said corporation. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the , 2021, by as of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. 17 is Notary Public, State of Texas 19 Exhibit 1 Actions related to land acquisition for Agatarium: 30 year lease from Port Authority of Corpus Christi, authorized by Ordinance No. 19619 on January 27, 1987 Resolution authorizing the condemnation of 8 tracts, authorized by Resolution 20214 on February 16, 1988 Multiple Use Agreement with Texas Department of Transportation to allow parking under the SH 181 bridge adjacent to TSA Closing and abandoning N. Shoreline from Canal Street to 200 feet North of Bennett Street, portions of Canal Street, Surfside, and Bennett Streets, subject to a replat, authorized by Ordinance No. 20244, on March 15, 1988 Acquisition of Parcel 15, authorized by Resolution No. 20353 on June 21, 1988 Acquisition of Parcels 1 and 10, authorized by Motion No. M87-0215 on June 2, 1987 Acquisition of Parcel 12, authorized by Motion No. M87-0284 on August 11, 1987 Acquisition of Parcel 16, authorized by Motion No. M87-0364 on November 3, 1987 Authorizing acquisition of Parcels 2, 3, 4, 5, 6, 7, 8, 11, 15, and 16 by Condemnation by Resolution No. 19941 on August 25, 1987 Acquisition of Parcels 5 and 6, authorized by Motion No. M88-0038 on February 16, 1988 Acquisition of Parcel 7, authorized by Motion No. M88-0055 on March 15, 1988 Acquisition of Parcel 4, authorized by Motion No. M88-0066 on March 22, 1988 Acquisition of Parcels 2 and 3, authorized by Motion No. M88-0120 on May 24, 1988 Acquisition of Parcels 13 and 14, authorized by Resolution 20147 on January 5, 1988 Acquisition of Lots 3, 4, 5, and 6, Block 69, Beach Portion authorized by Resolution No. 20210 on February 16, 1988 Acquisition of Parcel 15, authorized by Resolution No. 20353 on June 21, 1988 Page 1 of 3 20 Acquisition of Parcel 11, authorized by Motion No. M88-0078 on April 5, 1988 Acquisition of Parcel owned by Helen Royal, authorized by Resolution No. 20346 on June 21, 1988 Actions related to parking Lot A for Aquarium: - Multiple Use Agreement with Texas Department of Transportation to allow parking under the SH 181 bridge adjacent to TSA - 5 year parking lease with TSA for parking lots A, B, C authorized by Ordinance No. 021839 on December 21, 1993 - Contact between City and TSA to construct a parking lot, issue Certificates of Obligation, set out payment obligations, etc., authorized by Motion No. M89-0344 on November 28, 1989 - Contract between City and Haas Construction Co. for paving streets,parking lots,bus loop, irrigation, and landscaping improvements, authorized by Resolution No. 020852 on December 19, 1989 - Actions related to financing for Aquarium - Ordinance No. 020309 authorizing Tax and Tax Increment Financing Revenue Certificates of Obligation on - Ordinance No. 020488 amending Ordinance No. 020309, which authorized Tax and TIF Revenue Certificates of Obligation, on October 4, 1988 - Ordinance No. 020166 amending Re-Investment Zone No. 1 contracts with various governmental agencies to provide financing for improvements to Aquarium and the Corpus Christi Museum of Natural History on January 19, 1988 - Resolution 020169 on January 19, 1988 - Ordinance No. 019674 authorized a purchase agreement and Management contract which set out duties, rights, obligations of City and TSA to construct and operate the Aquarium on June 15, 1987 Page 2 of 3 21 Actions related to construction in area around Aquarium: Award of construction contract for Waterfront Improvements to Garrett Construction Company, authorized by Motion No. M88-0050 on March 8, 1988. Acceptance of Waterfront Improvements by Garrett Construction Co., authorized by M88- 0271 on December 20, 1988. Award a Wastewater Line Construction Project to King Isles, authorized by Motion No. M89-0071 on March 14, 1989. Award an infrastructure contract to King Isles, authorized by Motion No. M89-0226 on August 15, 1989. Award a contract to remove a leaking underground petroleum storage tank to Genesis Environmental, authorized by Motion No. M90-094 on April 10, 1990. Page 3 of 3 22 Exhibit A > > Texas State Aquarium Subdivision, Lot G, as recorded in Volume 68 Page 856, Nueces County Clerk Records. ,.1=81.69 6 �T�333f C8�N745tZYE _`\ t \ >p�h 0.aJZ98' &8 IV / o Z-IN orf/ x i rr r✓� i�` / r�G Ezl �N ew,l>a.2�, wa x� r CB�N783Y29'E �I✓ �z rr✓' f`r' �\\\ ?0ay c Oc 1�i f ;g 8 Plat of TM SIAJE .. a w AC_UARfUM- u Subdivision Lot C3 bring Ia—plat of Lots A—i,B,C and D,Texas State Aquaram Subdivson, o map of which i t'ecorded io Volume 54, Pages 117-118, Map R—Me of Nueces County, Texas, and lot A-3, Texas State Aquarium Subdivision,a p of which tl „+ {g recorded lo Volume 60, Pages 135-135,Mop m Records of Nuaoes County,Taxes a � _ - SCAM e0.Jdn.t,,tot URBAN "" •� AT 2 of ENGINEERING M 2 8R MN BN XG ��Pe>emmssom 23 Exhibit B 2 of I I I l I f I I I 1 I I I + I r I o. l 6 I 1 S I I cc�� I Lam. 3 I I �. Malcooa.�.7awnev ■ 1 I I ;tms s+7ala � ! I W"++isC I sws w ss is� 1 I I I I 1 1 ! I 1 I I 1 I I 1 I I r I I ! I I I I 1 3 i � I I I 2 I I r Y ! 1 ! ro r I 1 a r I r d 1 1 I t I I ♦♦` I r I 1 1 1 1 3 1 - I I E I , , � I I r I 1 F 1 1 9f. 9�7A • PORT OF CORPUS CHIi1STf AUTHOR= TF�(AS STATE AQUARIUM ASSOCIATION. INC. Z9d ACRE LME r• trwt. r.wm r�o w�wry Aiw�w yVM M'w Ads�iNf E-�+t 9 IT �, 24 Exhibit C �ty+r .W �•. mss•'_`" .�`„_- IM low- v 25 _Exhibit-20D I. TEXAS STATE AQUARIUM (TSA) LEASE INSURANCE REQUIREMENTS A. TSA must not commence work under this agreement until it has obtained all insurance required herein and such insurance has been approved by the City. Nor may TSA allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. TSA must furnish to the City's Risk Manager 2 copies of Certificates of Insurance, with the City named as an additional insured for all liability policies, and a blanket waiver of subrogation on all applicable policies, showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all Bodily Injury and Property Damage certificates Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises—Operations 3. Products/Completed Operations Hazard 4. Contractual Insurance 5. Broad Form Property Damage 6. Independent Contractors 7. Personal Injury AUTOMOBILE LIABILITY--OWNED NON- $1,000,000 COMBINED SINGLE LIMIT OWNED OR RENTED WORKERS' COMPENSATION WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $100,000 PROPERTY INSURANCE No less than 80%of full replacement cost coverage for 1. All Risk coverage to include Windstorm, all TSA real and personal property Hurricane and Hail and Flood Insurance In the event of accidents of any kind, TSA must furnish the Risk Manager with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. 26 II. ADDITIONAL REQUIREMENTS A. TSA must obtain workers' compensation coverage through a licensed insurance company or through self-insurance obtained in accordance with Texas law. If such coverage is obtained through a licensed company,the contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. If such coverage is provided through self-insurance,then within 10 calendar days after the date the Contract Administrator or his designee requests that TSA sign the contract documents, TSA must provide the Risk Manager with a copy of its certificate of authority to self-insure its workers' compensation coverage, as well as a letter signed by the TSA stating that the certificate of authority to self-insure remains in effect and is not subject to any revocation proceeding then pending before the Texas Workers' Compensation Commission. Further, if at any time before final acceptance of the Work by the City, such certificate of authority to self-insure is revoked or is made the subject of any proceeding which could result in revocation of the certificate, then TSA must immediately provide written notice of such facts to the City, by certified mail, return receipt requested directed to City of Corpus Christi, Legal Department, P.O. Box 9277, Corpus Christi, TX 78469- 9277 - Attention: Contractor Administrator. Whether workers' compensation coverage is provided through a licensed insurance company or through self-insurance,the coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by TSA will be promptly met. B. Certificate of Insurance: The City of Corpus Christi must be named as an additional insured on the liability coverage, except for the Workers' Compensation coverage and a blanket waiver of subrogation on all applicable policies. If your insurance company uses the standard ACORD form,the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording after"left". * The name of the project must be listed under "Description of Operations" At a minimum, a 30-day written notice of change or cancellation is required. C. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items 1.13 (1)-(7), an authorized representative of the insurance company must include a letter specifically stating whether items I.B. (1)-(7) are included or excluded. III. A completed Disclosure of Interest must be submitted with your proposal. 27 Exhibit E FORM OF CERTIFICATION FOR PAYMENT (Certification for Payment—Rescue Center) CERTIFICATION FOR PAYMENT FORM NO. The undersigned [(the "Construction Manager")/("TSA"I requests payment from The City of Corpus Christi (the "City") in the amount of$ for labor, design, materials, fees, and/or other general costs related to the acquisition or construction of certain authorized improvements to the Rescue Center. In connection with the above referenced payment, [the Construction Manager/TSAI represents and warrants to the City as follows: 1. The undersigned is a duly authorized officer of[the Construction Manager/TSAI, is qualified to execute this Certification for Payment Form No. on behalf of [the Construction Manager/TSAI, and is knowledgeable as to the matters set forth herein. 2. The work described in Attachment A has been completed in the percentages stated therein. 3. The Certification for Payment for the below referenced Authorized Improvements has not been the subject of any prior Certification for Payment submitted for the same work to the City or, if previously requested, no disbursement was made with respect thereto. 4. The amounts listed for actual costs of the authorized improvements, as set forth in Attachment A, is a true and accurate representation of the actual costs associated with the acquisition, design or construction of said Authorized Improvements. 5. [Attached hereto as Attachment B is a true and correct copy of a bills paid affidavit evidencing that any contractor or subcontractor having performed work described in Attachment A has been paid in full for all work completed through the previous Certification for Payment.][Include bracketed lanmaze if finch pro,-cess Payment for such Authorized Improvement 6. Attached hereto as Attachment C are invoices,receipts,purchase orders, change orders, and similar instruments, which are in sufficient detail to allow the City to verify the actual costs for which payment is requested. (Si yz�pa,�es follow) 28 I hereby declare that the above representations and warranties are true and correct. f a [Texas] [limited liabili , company], as CONSTRUCTION MANAGER/Texas State Aquarium Association, a Texas nonprofit corporation] By: Name: Title: JOINDER OF PROJECT ENGINEER The undersigned Project Engineer joins this Certification for Payment solely for the purposes of certifying that the representations made by [Construction Manager/TSA] in Paragraph 2 above are true and correct in all material respects. By: Name: Title: Date: APPROVAL OF CERTIFICATION FOR PAYMENT The City is in receipt of the attached Certification for Payment Form No. acknowledges the Certification for Payment and otherwise finds the Certification for Pam Form No. to be in order. After reviewing the Certification for Payment Form, the City approves the Certification for Payment Form No. and shall release payment from [the appropriate account] to [the Construction Manager/TSA] or to any person designated by the [Construction Manager/TSAI. CITY OF CORPUS CHRISTI, TEXAS By: Name: Title: Date: 29 ATTACHMENT A TO CERTIFICATION FOR PAYMENT FORM NO. Segment Description of Work Completed under Actual Costs this Certification for PUmen ATTACHMENT B TO CERTIFICATION FOR PAYMENT FORM NO. [Include Attachment B bracketed if finch pro,-cess Payment for such Authorized Improvement] [bills paid affidavit and release of liens - attached] ATTACHMENT C TO CERTIFICATION FOR PAYMENT FORM NO. ----- [Include invoices, receipts, purchase orders, change orders, and similar instruments, which are in sufficient detail to allow the City to verify the actual costs for which payment is requested] First Amended Lease-Purchase and Operating Agreement between Texas State Aquarium Association and City of Corpus Christi State of Texas § County of Nueces § This First Amended Lease-Purchase and Operating Agreement (the "Lease" or "Lease- Purchase Agreement") dated as of the Commencement Date (as defined herein), amends, restates and replaces in its entirety that prior Lease and Operating Agreement between Texas State Aquarium Association and City of Corpus Christi dated January 18, 2015. Recitals: The Texas State Aquarium Association, a Texas nonprofit corporation ("TSA" or `Lessee"), acting through its duly authorized President and CEO, or designee, ("President"), of 2710 N. Shoreline Blvd., Corpus Christi, Nueces County, Texas, 78402, has constructed and operates a public aquarium (the "Aquarium" as more specifically defined in Section 3) in Corpus Christi, Texas, on a nonprofit basis for multiple public purposes including the education and enjoyment of visitors from inside and outside of Texas, promotion and growth of scientific knowledge, advancement of interest in marine resources and the study thereof, and promotion of interest in the Corpus Christi Bay Area for both business and personal pursuits. The City of Corpus Christi, a Texas home-rule municipal corporation("City'or"Lessor"), acting through its duly authorized City Manager, or designee, ("City Manager") of 1201 Leopard, Corpus Christi,Nueces County, Texas 78401, is the owner of certain real property in Texas State Aquarium Subdivision on Corpus Christi Beach in Corpus Christi ("Aquarium Property") and on the Rincon Channel ("Sealab Property"). The State Legislature of the State of Texas has designated the Aquarium facility operated by TSA as the official Aquarium of the State of Texas. TSA has operated the Aquarium to deliver the above-mentioned public benefits in a manner reflecting favorably upon both TSA and the City while assuring appropriate accountability for all public monies previously contributed thereto. The City purchased certain property for the Aquarium pursuant to Ordinance No. 19619, adopted on February 2, 1987, which authorized the City to spend up to $1.3 million for the acquisition of certain property, improvement to certain property, and the form of lease for certain property acquired and improved. Further,the City and TSA jointly funded the design of the Aquarium pursuant to Ordinance No. 19764, adopted on June 3, 1987, which authorized the City to spend up to $500,000 on Aquarium design, with TSA to pay for 50% of the design, and all design costs in excess of $1,000,000. L:ILegal Admin Attorneys\Lisa12021 ParksTlean Draft 9-14-2021 of First Amended Lease to 2014 Lease and Operating Agreement-as final in 2014.doex 2 The City and TSA entered into a Purchase Agreement, whereby TSA would construct the Aquarium on land it had separately acquired and subsequently convey said land and the completed Aquarium to the City in consideration of the City's paying the purchase price for such completed Aquarium,then the City would lease the property back to TSA along with other property acquired by City for a 20-year lease tern for TSA to operate the Aquarium, authorized by Ordinance No. 019674, adopted on June 15, 1987. The City actually leased the Aquarium Property to TSA by virtue of a lease dated October 5, 1988, authorized by City Ordinance No. 020507 on March 29, 1988,which included a five-year lease on adjacent subsurface area. The City subleased certain parking lots, leased by the City from the Texas Department of Transportation, to TSA with the agreement that TSA would operate the parking lots and pay a portion of the debt service related to construction of the parking lots by virtue of a lease authorized by Ordinance No. 021839, adopted on December 21, 1993. By Agreement of March 20, 1996, authorized by City Council Resolution 022500 on February 27, 1996, TSA conveyed certain additional real property to the City in consideration of TSA revenue-backed Certificates of Obligation("Certificates"') in the amount of$4,400,000. The City and TSA entered into a new 20-year lease covering all of the above referenced properties by a lease dated July 5, 2000, authorized by City Ordinance No. 024083 on June 27, 2000, providing for the continued occupancy and operation of the Aquarium by TSA until September 5, 2020. The City and TSA also entered into multiple other agreements to acquire and develop the Aquarium,and all such agreements are of public record. TSA expanded the Aquarium to construct the Caribbean Building, as more particularly described below, and in order to finance such expansion plans TSA required a long-term leasehold interest in the Property, and both the City and TSA entered into a Lease-Purchase Agreement effective January 18, 2015 to provide the option to purchase and extend the other terms, conditions and provisions of the then-current lease and operating agreement in order to facilitate such expansion plans and assure the continued maintenance and modernization of the Aquarium on a long-term basis. The City and TSA further provided for the purchase and re-acquisition of the land and improvements comprising the Aquarium by TSA conditioned on the faithful performance by TSA of its obligations under this Lease-Purchase Agreement and continuation of the operation of an aquarium and sea life park for a minimum of fifty(50)years. TSA desires to construct new Texas State Aquarium Wildlife Rescue Center on the Aquarium Property which the Wildlife Rescue Center is depicted on the attached Exhibit C. On November 3,2020, voters in the City of Corpus Christi approved Proposition B in an amount not to exceed $12,000,000 with priority projects including Texas State Aquarium Center for Wildlife Rescue and Research and other named projects. 2 3 The City's Voter's Guide for Bond 2020 stated"The City will provide leverage funding in the amount of$3M to assist the Texas State Aquarium with the construction of the new Texas Center for Wildlife Rescue and Research. Total costs for the project is $15 M and the remainder of the funds will come from fundraising by the Texas State Aquarium." NOW, THEREFORE, the City and TSA, in consideration of the covenants contained herein, do mutually agree as follows: Agreement: 1. Premises. The City leases to TSA all of the property described in the attached and incorporated Exhibit A, all of City's interest in the Sealab Property described in the attached and incorporated Exhibit B, and all improvements located thereon (collectively called "Aquarium Property" or "Lease Premises") for and in consideration of the covenants and conditions of this Lease. 2. Term. This Lease-Purchase Agreement is for a term of twenty (20) years, commencing on the 61st day after final City Council approval, which is , 2021, and terminating on December 31, 2041. 3. Consideration and Permitted Use. The Aquarium Property must be used solely as an aquarium and sea life hark, and rescue center, herein referred to as either "Aquarium" or "Aquarium Facility"; provided, however, that TSA may operate food, drink, souvenir, and such other concessions as the President may deem consistent with, but secondary to, operation of the Aquarium, including without limitation participating in fundraising activities. 4. The 11roject. TSA financed, designed, built, and currently maintains and operates the Caribbean Journey building(the"Caribbean Building")based on plans and specifications approved by the City Manager of the City (the "Caribbean Building Project"). The Caribbean Building Project complements the Gulf of Mexico Exhibit Building (the "Gulf of Mexico Building''), in order to further the Aquarium experience in: • Interpreting the unique biodiversity and culture of the Yucatan region; • Utilizing state-of-the-art, immersive, interactive aquarium exhibitions; • Incorporating a multi-sensory 4D-theater experience; • Adding the capacity and building infrastructure to expand the Aquarium's research and conservation programs, guest and event services, and catering capabilities. TSA was solely responsible for the design, construction and furnishing of the Caribbean Building Project and expended an amount not less than$45 million therefor. The Wildlife Rescue Center Project. TSA will finance, design, build, maintain and operate a new Wildlife Rescue Center on the Aquarium Property(the"Rescue Center"). The Rescue Center and its location are depicted on the attached Exhibit C. TSA will be solely responsible for the design,construction and furnishing of the Rescue Center and will expend not less than$15 million therefor. TSA has full funding available, raised from donors,and from cash reserves. These funds 3 4 include $3 million available through Proposition B of the City 2020 bond election. TSA may submit to the City Director of Finance a Certification for Payment, in the form attached hereto as Exhibit E for reimbursement of actual costs related to the Rescue Center. The City will reimburse the TSA from Bond 2020 Proposition B funds in an amount up to $3,000,000.00 for construction of the Rescue Center. TSA may only submit one Certification for Payment in each 30 day period. If TSA fails to complete construction of the Rescue Center Project within three years of the Commencement Date, the City shall notify TSA in writing of the event of default and provide 60 days from the date of the notice for TSA to cure the event of the default. If, after 60 days, and taking into account any extenuating circumstances that might have occurred through no fault of TSA, as determined by the City, TSA shall immediately repay all funds paid by the City from Bond 2020 Proposition B. Upon completion of the Rescue Center Project, TSA may vacate the Sealab property which will then revert back to its respective owner. TSA shall notify the City Risk Manager in writing if TSA vacates the Sealab property. 5. TSA Responsibility. TSA shall be exclusively responsible for all planning, design, financing, advertising for bids, choice of contractor, supervision of construction, construction, equipping, stocking, establishment, operation, maintenance, management, and all other activities related to the Aquarium. TSA is not relieved of such responsibility by any approval of the plans and specifications,inspection or approval by City or its agents of the Aquarium or any part thereof or any activity connected therewith,nor by any right of City,under this Lease-Purchase Agreement or otherwise, whether exercised or not, to make any such inspection or approval. Nothing in this Lease shall commit any City funds to pay for any maintenance or improvements to the Aquarium, and nothing herein shall commit the credit of the City for the payment of any obligations incurred by TSA in connection with its operation of the Aquarium and the construction of the Project or any improvements to the Aquarium. 6. Aquarium Operation; Admission. TSA must operate the Aquarium in a businesslike manner at all times. TSA shall furnish and stock the Aquarium with all marine life, exhibits, artifacts, equipment and facilities consistent with a quality aquarium operation. The Aquarium shall be operated by TSA for the use and benefit of the public and must be open during a reasonable portion of the daytime hours of most days of the year; provided however, that TSA may charge a fee for admission to the Aquarium Facility on a nondiscriminatory basis and TSA may fence the Aquarium Property and restrict access. TSA may adopt admission fee rate structures of the type normally adopted by public zoological institutions. 7. Revenues Generated. All funds generated by the operation of the Aquarium and/or private fund raising efforts of TSA shall be used exclusively by TSA for the benefit of programs and facilities supporting the purposes specified in TSA's mission statement or as otherwise allowed under Section 501(c)(3)of the Internal Revenue Code. TSA will use its best efforts during the term of this Lease to raise sufficient funds to fully support the Aquarium. 8. Safety. TSA must operate, inspect, and maintain adequate firefighting and safety systems on the Aquarium Property. 4 5 9. Maintenance. At all times during this Lease TSA must keep and maintain in good repair and clean and attractive condition all buildings, improvements, grounds, and personal property on the Aquarium Property, and if any improvement erected on the Aquarium Property for Aquarium purposes is damaged or destroyed, TSA, as soon as the same may be done, must repair or restore the improvement to as good condition and value as existed before such damage or destruction, unless prohibited by law. Until the termination or expiration of this Lease, TSA shall continue to maintain the buildings, improvements,grounds, and personal property in the condition required in the preceding sentence. 10. Pollution of Bay. TSA shall make reasonable efforts to ensure that no pollutant, effluent, liquid or solid waste material, fresh or salt water discharge (except salt water discharges authorized by applicable local, state and federal govenurnent permits), litter, trash, or garbage that originates from the Aquarium Property is allowed to collect in Corpus Christi Bay, Nueces Bay, or neighboring property. TSA shall be solely responsible for any pollutant, effluent, liquid or solid waste material, fresh or salt water discharge (except salt water discharges authorized by applicable local, state and federal government permits), litter,trash,or garbage that originates from the Aquarium Property. 11. Financial Statements. TSA shall keep strict and accurate books of account and shall deliver to the City's Director of Finance an annual financial statement prepared by an independent certified public accounting firm reflecting financial operations of TSA for such calendar year, no later than May 31 annually. The books of account must be available to City Manager upon request during normal business hours. 12. Transfer of 1~unds Regarding 1996 Certificates. TSA has paid the debt service on the 1996 $4.4 million Combination Tax and Revenue Certificates of Obligation. 13. Assi�-,nmcnt or Sublease. TSA may not assign this Lease nor sublease the Aquarium Property, nor any part thereof, without the prior written consent of the City, except in connection with a permitted leasehold mortgage as provided below. Provided, however, TSA may contract for and/or sublease concessions for the Aquarium and space rent any portion of the facilities for special events, so long as TSA maintains control over such areas and assures that their operation is consistent with this Lease. Provided, further, TSA may sublease dock space to allow tourist boat, water taxi, research and university boat access. 14. Leasehold Mortgages. TSA shall have the right to pledge its rights under this Lease in one or more successive leasehold mortgages to secure any indebtedness borrowed by TSA for the construction of the Project or any subsequent improvements by TSA during the term of this Lease. No more than two leasehold mortgages may be in effect at any time, but the term of any such leaschold mortgages can be renewed, extended and modified from time to time as required by TSA and its lenders. TSA shall provide written notice to the City of any such leasehold mortgages, the name of the lenders and addresses for notice purposes, the loan amount, and the terms of the loans prior to the creation of any such leasehold mortgages. Any such leasehold mortgagees shall be entitled to the rights and benefits as provided in this Lease for any leasehold mortgagee. 5 6 15. Sanitation. Garbage and trash must be stored on the Aquarium Property in normal containers or dumpster type containers inside a screened or appropriately landscaped area. Garbage pick-up service must be obtained by TSA on a schedule sufficient to maintain the Aquarium Property in a clean and sanitary condition. 16. Parking. Parking shall be provided pursuant to one or more leases of the adjacent parking lot subject to the covenants of the Certificates of Obligation issued for construction of the parking lot. The City and TSA agree to negotiate in good faith for the addition of the parking lot to the Aquarium Property during the term of this Lease. The City and TSA will request TxDOT to declare the property that is currently leased from TxDOT, and subleased to TSA for the parking lots, to be surplus property, appraised and conveyed by TxDOT to the City for resale by the City to TSA. 17. Nondiscrimination. TSA is and will continue to be an equal opportunity employer and hereby covenants that no employee or customer will be discriminated against because of race, creed, color, sex, disability, or national origin. 18. Inspection. City personnel may enter upon the Aquarium Property, including all improvements thereon, at all times, for purposes of any inspection, repair, fire or police action, and the enforcement of this Lease. 19. Contractor's Insurance. During this Lease, TSA shall require all contractors employed for the construction of the Project, and all other Aquarium improvements or additions, to maintain at the contractor's sole expense (and provide documentation thereof prior to commencement of construction): insurance coverage throughout the construction period in at least the following amounts: (a) commercial general liability insurance, with TSA and City named as Additional Insureds. Such coverage must have either a minimum liability limit of$1,000,000 per occurrence an $2,000,000 aggregate. Additional Insured Endorsement must be provided with Certificate of Liability Insurance (b) automobile liability insurance, with $1,000,000 combined single limit.; TSA and the City shall be listed as an additional insured on the policy. (c) Workers' Compensation insurance covering all employees of TSA's contractor(s) and subcontractor(s) engaged in any work at or on the Aquarium Property, or TSA's contractor(s) and subcontractor(s) must be a "Certified Self-Insurer" as that term is defined in Chapter 401 of the Texas Labor Code, as it may be amended ("Approved Equivalent"). If an Approved Equivalent to Workers' Compensation for compensating injured employees is utilized a current copy of each contractor and subcontractor policy must be kept on file with the City Secretary's copy of this Lease, incorporated and attached as Exhibit D. Any time such policy is revised, the newest revision becomes the attached and incorporated Exhibit D. If Workers' Compensation insurance is provided, a certificate of insurance must be provided, together with notice of 6 7 cancellation,non-renewal, or material change as set out in Section 20 herein. A waiver of subrogation shall be provided on behalf of TSA and the City; (d) builder's risk insurance written on an all risk basis with valuation at replacement cost for the full value of improvements will be required on construction projects estimated to cost more than Two Hundred Fifty Thousand Dollars ($250,000); (e) performance and payment bonds for the full value of the contract are required on projects estimated to cost more than One Hundred Thousand Dollars ($100,000). 20. Texas State Aquarium Insurance. TSA shall obtain at its own expense: (a) commercial gencral liability insurance, with City named as Additional Insured. Such coverage must have minimum liability limit of $1,000,000 per occurrence and $2,000,000 aggregate. (b) automobile liability insurance, with liability limits of $1,000,000 combined single limit. The City shall be listed as an additional insured on the policy.; (c) Workers' Compensation insurance or its approved equivalent, covering all employees of TSA engaged in any work at or on the Aquarium Property. If an approved equivalent to Workers' Compensation for compensating injured employees is utilized a current copy of TSA's policy must be kept on file with the City Secretary's copy of this Lease, incorporated and attached as Exhibit D. Any time such policy is revised, the newest revision becomes the attached and incorporated Exhibit D. If Workers' Compensation insurance is provided, a certificate of insurance must be provided, together with notice of cancellation, non-renewal, or material change as set out in this Section 20 herein. A waiver of subrogation shall be provided. (d) property insurance, throughout the term of this Operating Lease, in the amount of no less than 80% of the full replacement value of all TSA real and personal property on an "all risk basis" subject to normal and customary exclusions, however, the flood insurance requirement may be limited to the maximum available through the Federal Flood Insurance Program; provided, however, if excess flood insurance is available in the standard insurance market, TSA will provide no less than 50% of the coverage set out above. Further provided, however, that the windstorm insurance requirement may be limited to the maximum available through available markets; provided, however, if excess windstorm insurance is available in the standard insurance market, TSA will provide no less than the 80%coverage set out above. TSA shall provide City Manager with evidence of insurance coverage annually within thirty (30) days of the anniversary of each such insurance policy. Such insurance must contain a provision. that it may not be canceled or materially changed or not renewed without thirty days written notice to the City Manager. If TSA fails to maintain such insurance,City may terminate this Lease, or at its option procure such insurance, in which case any monies paid by City must be repaid by TSA upon City Manager's written demand, with interest at the maximum permissible legal rate. 7 8 TSA shall decide whether to repair, rebuild, or replace any damaged property. If TSA decides to repair, restore, or rebuild, it shall develop plans and specifications as appropriate, and submit them to the City Manager for approval,which approval shall not be unreasonably withheld and shall be granted or denied within thirty (30) days of any request by TSA. If TSA determines not to repair, rebuild, or replace the property, all insurance proceeds remaining after the payment of the indebtedness to any leasehold mortgagee shall be paid to the City up to but not in excess of its unpaid obligations under this Lease. Any excess insurance proceeds may be retained by TSA. Further, TSA shall have the option, but not the requirement, to participate in the City Property Insurance program when such participation is deemed beneficial to the Aquarium. Should this option be exercised, As the named insured on the property policy, TSA shall pay the City for their portion of the insurance coverage billed by the City. Property damage caused by an insurable peril above the established deductibles shall be reported to the City's Risk Management Division. The City shall submit all claims to City's Insurance Agent/Broker who will in turn,notify the necessary property insurance carriers of the damage. The City shall be responsible for the coordination of all claims with the carrier(s). In the event of a large property loss, the City, as the named insured will receive disbursement of payment from the insurance carrier(s) and then disburse accordingly. 21. Indemnity, Hold Harmless and Waiver of Subrogation. TSA agrees to indemnify, defend and hold harmless the City, its officers, employees, and agents against any and all liability, damage, loss, claims, demands, suits, and causes of action of any nature whatsoever on account of personal injuries, property loss or damage, or any other kind of damage, including all expenses of litigation, court costs, and attorney's fees, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any way connected with, TSA's performance under this Lease or TSA's or any of its agents', employees% officers', or invitees' use, operation, or occupancy of the Aquarium Property or the Aquarium. TSA and City shall mutually agree to waive any rights of subrogation to each other as respects insurance claims, injuries, or property damage. TSA shall at its own expense investigate all such claims and demands, attend to their settlement or other disposition, defend all actions based thereon, and pay all charges of attorneys and all other costs and expenses of any kind arising from any such liability, damage, loss, claims, demands, and actions. 22. Access for Individuals With Disabilities. The Aquarium and all improvements thereto must be constructed to be readily accessible to individuals with disabilities and in compliance with all applicable state and federal laws. 23. Utilities. City has made sewer, water, and natural gas service available to the Aquarium Property, at standard rates offered by City for comparable users. TSA must pay for all utility services whether provided by City or another supplier. TSA will make every effort to establish itself as a utility conservation leader, particularly in the area of adaptive water re-use. 24. Compliance With Laws, Permits. In the planning, design, construction, and operation of the Aquarium and future improvements, TSA shall comply with all applicable 8 9 federal, state, and local laws, ordinances, rules and regulations. All applicable permits and licensees must be obtained by TSA. City shall cooperate in obtaining permits and licenses from other agencies by applying or joining TSA in applying for such where City is a necessary party t to the application. TSA shall, however, prepare all documents, information, and materials necessary to support any such application. TSA recognizes that as to City licenses or permits, City must apply its rules in an objective, uniform manner. 25. City Financial Contribution. City does not assume, and has no other responsibility whatever for, any financial obligations incurred or created by TSA or its officers, employees or agents, in connection with the planning, design, financing, construction, equipping, stocking, establishment, operation, or other activity relating to the Aquarium, and TSA shall not represent or infer otherwise to any third party. 26. Prior Agreements. The 50-year Lease-Purchase A(Trecment between City and TSA, authorized by Ordinance 030345 adopted on November 18. 2014 and dated January 18, 2015 remains in full force and effect, except as inconsistent herewith, until the Commencement date, at which time it expires automatically. All bond covenants and covenants related to the 1996 Tax and Revenue Certificates of Obligation or any other financing that was provided to TSA by City using City's credit, tax base, etc. for the Aquarium remain in full force and effect until said indebtedness is fully retired. All other prior agreements between City and TSA are of no force and effect. 27. Lease Relationship. The parties intend to create a landlord/tenant relationship, and this Lease must be construed conclusively in favor of that relationship. Nothing herein contained may be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto, it being understood and agreed that no provision contained herein, nor any of the acts of the parties hereto, may be deemed to create any relationship betwcen the parties herein other than that of landlord and tenant. 28. Modifications. No changes or modifications to this Lease may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. In the event any leasehold mortgages are in effect concerning this Lease- Purchase Agreement, such changes or modifications also will be subject to approval by any leasehold mortgagees. 29. Termination of Lease. Upon occurrence of any Event of Default (as defined below), the City may, at its option, in addition to any other remedy or right hereunder by law, give notice to TSA's President, and any leasehold mortgagee for which written notice has been provided to the City pursuant to the terms of this Lease, that unless such Event of Default has been cured as required herein that this Lease shall terminate upon the date specified in the notice, which date will not be earlier than sixty (60) days after the giving of such notice. Each of the following will be deemed an Event of Default: 9 10 (a) failure to have in effect, at all applicable times, policies of contractor's insurance, liability insurance, workers' compensation insurance or its approved equivalent, and property insurance as required elsewhere herein; (b) intentional, knowing, or fraudulent failure to maintain strict and accurate books of account,or to furnish said books of account to City Manager for inspection,as provided elsewhere herein; (c) abandonment of the Aquarium Property; (d) failure of TSA for a period exceeding 180 days to regularly operate the Aquarium, open to the public, at least five days per week during reasonable business hours; provided, however, that there will be subtracted from such calculation of days any period during which TSA's failure is attributable to acts of God or public enemy, the elements, fire, flood, labor dispute, civil disturbance, or other similar cause beyond TSA's control, without the City Manager's prior written approval as an exception; (e) failure of TSA to correct any default in the performance or observance of any other covenant or condition of this Lease; or (f) in the event any securities issued by the City are outstanding that are conditioned upon TSA's tax-exempt status under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, written notice by the Internal Revenue Service that the exemption of the TSA from federal income taxation under Section 501(c)(3) of the Internal Revenue Code of 1986 has been finally revoked; provided, however, the parties agree that in the event this Lease is canceled by reason of such loss of tax exemption under such Section 501(c)(3), then, in good faith, the parties will negotiate and execute a lease or management contract which complies with the provisions of the Internal Revenue Code of 1986, as amended, so that the interest on any securities issued by City to acquire the Aquarium will not be subject to federal income taxes. (g) failure to repair or replace,and dedicate a new easement if necessary,that 48-inch storm water line that Phase 11-A of the Aquarium was constructed over, upon the City Manager's written request, all as provided in Section 38 below. (h) Provided, however, that in the event curing any of the above Events of Default would reasonably require more than sixty (60) days, TSA shall have an extension of the time required to cure such Event of Default for so long as City may reasonably determine that TSA is proceeding diligently with curing such Event of Default. 30. Leasehold Mortgagee Rights in Event of Default. If notice has been provided to City of a leasehold mortgage pursuant to the provisions of this Lease and indebtedness remains secured by such leasehold mortgage, this Lease may not be terminated unless and until the City has provided a second notice of default after expiration of the time required for cure under the notice of default provided above and afforded said leasehold mortgagee an additional thirty (30) days to cure any such default in the case of any monetary default and an additional sixty (60) 10 11 days to cure any such default in the case of any non-monetary default. In any event, this Lease shall not be terminated if a leasehold mortgage is in place with indebtedness outstanding unless the City has afforded said leasehold mortgagee the opportunity to assume and assign this Lease, and arrange for the assumption of this Lease by another qualified tax exempt lessee,pursuant to a foreclosure of the leasehold mortgage or such other rights as said leasehold mortgagee may have and comply with the requirements of this Lease. Such opportunity may require additional time to the notice periods provided above, and for so long as City reasonably determines that the leasehold mortgagee is diligently proceeding with curing any such Event of Default the time for curing the Event of Default shall be extended accordingly. Alternatively, the City may, at its option but without any obligation to do so, pay any remaining indebtedness secured by such leasehold mortgage and terminate this Lease immediately after providing the initial notice of the Event of Default as required above. In any event, the City is under no obligation to pay any such indebtedness, and the full faith and credit of the City is in no way obligated under the terms of this Lease. 31. City's Rights on Termination. Upon termination of this Lease as hereinabove provided, or pursuant to statute, or by summary proceedings or otherwise, City may take possession of the Aquarium Property either by summary proceedings, or by action at law or in equity, or by force, or otherwise, as City may determine, without being liable in trespass or for any damages. The foregoing rights and remedies given to the City are, and will be deemed to be, cumulative of any other rights of the City under law, and the exercise of one will not be deemed to be an election, and the failure of the City at any time to exercise any right or remedy will not be deemed to operate as a w ak er of its right to exercise such right or remedy at any other future time. 32. Effect of Termination or Expiration. Upon termination or expiration of this Lease, the Aquarium Property and all buildings on the Aquarium Property shall become the property of the City; prop ided that, TSA shall have the right to remove all furnishings and personal property placed in such buildings at TSA expense, at TSA's option, at any time until one hundred eighty days (180) days after termination or expiration of the Lease. If TSA fails to remove such fixtures and personal property within that time period, such property shall become the property of the City. Any City monies payable under this Lease which, at the time of termination or expiration, remain unspent, must be returned to or retained by City and spent by City as it sees fit. 33. Publication Costs. TSA shall pay the cost of publishing in the legal section of the local newspaper any provisions of this Lease required by the City Charter. 34. Taxes and Assessments. (a) In addition to the foregoing sums, TSA shall, as further consideration for this Lease, pay and discharge all ad valorem taxes, general and special assessments, and other charges of every description which during the term of this Lease may be levied on or assessed against the Lease Premises, including all interests therein, improvements thereto, or property thereon, whether belonging to the City or TSA or to which either of them may become liable in relation thereto. (b) Timely Pa, my ent by TSA_. TSA agrees to and shall pay all the foregoing ad valorem taxes, if any, assessments and charges not less than twenty (20) days prior to the delinquency Il 12 thereof, and give written notice of such to Lessor within five (5) days after such payment is made. (c) Advance by Lessor. If Lessee fails to pay any such ad valorem taxes or assessments or fails to give written notice of any payment thereof at least ten (10) days prior to the time the same becomes delinquent, the City may, at its option, at any time within or after such ten (10) day period, pay any ad valorem taxes or assessments, together with all penalties and interest which may have been added thereto. Any such amount so paid by Lessor shall become immediately due and payable by TSA to the City, together with interest thereon at the highest rate authorized by law. Any such payment which the City may make pursuant to this Section 34 shall not constitute a waiver of any rights which the City may have under the provisions of this Lease or as provided by law. (d) Tax Exemption. Notwithstanding anything to the contrary in this Section 34, the TSA and the City agree the Lease Premises are exempt from taxation in accordance with the laws of the State of Texas, and that TSA shall have the full right to administratively or judicially challenge any tax or assessment levied or attempted to be levied on the Lease Premises. Save and except to the extent it becomes necessary to pay any tax or assessment to protect the property and security interests of TSA, the City and any assignee, TSA may, in its sole discretion, elect not to pay any tax or assessment until such time as the tax or assessment is determined to be due and owing on the Lease Premises by a final judgment issued by a court of competent jurisdiction. 35. Notices. Any notices provided for under this Lease must be given in writing, to the City,by delivering or mailing the notice as follows: To the City: City Manager City Hall P.O. Box 9277 Corpus Christi, Texas 78469-9277 To TSA: Texas State Aquarium Association 2710 N. Shoreline Blvd. Corpus Christi, Texas, 78402 To Leasehold Mortgagee: [Address to be provided by written notice.] The parties may from time to time designate new addresses for notice purposes by written notice pursuant to this provision. All notices will be deemed delivered on the third day after mailed by prepaid postage in U.S. mail. 36. Captions. Captions employed in this Lease are for convenience only and are not intended to and do not in any way limit or amplify the terms or provisions herein. 37. Future Additions. Both parties to this Lease recognize that improvements to the Aquarium Property may be required from time to time in order to maintain a state of business 12 13 which produces adequate funds to meet the debt service requirements of this Lease. For interior construction that does not involve a structural change and for incidental exterior construction (e.g. sidewalks, open air structures) the President has the authority to undertake such improvements, subject to compliance with applicable City building codes and regulations, without prior City Manager approval. For interior construction that does involve a structural change, for exterior construction that involves changing the footprint of the existing Aquarium, or for additional structures (e.g. new phases) that are desired by TSA, plans and specifications shall be submitted by TSA to the City Manager for City Manager's approval which will not be unreasonably withheld. 38. Storm Water Line. The parties acknowledge that Phase 1I-A of the Aquarium facility was constructed over a 48-inch storm water line that is the major storm drain for the south end of North Beach. The City agreed to continue to maintain the storm drain and water inlet regulator. The parties further acknowledge that parts of the Caribbean Building also may be built over the 48-inch storm water line. If the storm water line within the Aquarium Property needs to be repaired or replaced, TSA shall pay for all costs associated with repair or replacement, including granting any additional easement needed to relocate the storm water line. The City Manager will make written demand to the President for repair or replacement of the storm water line within the Aquarium Property and set a reasonable time frame to accomplish same. Failure to repair or replace, or at least begin to repair or replace, within the time frame set out by the City Manager is grounds for City to terminate this Lease. City does not warrant the 48-inch storm water line, and the construction by TSA of any improvements over the 48-inch storm water line is expressly at its own risk. 39. Representations; Cooperation. TSA acknowledges and agrees that the Aquarium Property and all improvements thereon, or to be constructed thereon, are leased by City to TSA, and are accepted by TSA "AS IS", in their current condition and appearance, and without any warranties by City, expressed or implied, with respect to appearance, condition, defects, habitability, fitness for any specific purpose, or the availability of access. 'ISA agrees that TSA is not relying and will not rely on any statement, covenant, representation, or warranty pertaining to any of the matters described in this paragraph which is not expressly set forth in this Lease. City and TSA shall cooperate to enforce all warranties and causes of action available to either party against third parties arising out of or in any way related to this Lease. 40. Options to Purchase. In consideration of the timely performance by TSA of each and all of its obligations pursuant to this Lease-Purchase Agreement, including,but not limited to, the financing, design and construction of the Project in compliance with Section 4 above, the payment of all the debt service on the 1996 $4.4 million Combination Tax and Revenue Certificates of Obligation in compliance with Section 12 above, TSA shall have the option to purchase the City's interest in this Lease and the Lease Premises, as follows: (a) Option to Purchase at Expiration of Lease Term. Upon the expiration of this Lease-Purchase Agreement and TSA having timely performed all of its obligations under this Lease-Purchase Agreement as above provided, TSA shall have the option to purchase the City's interest in this Lease , provided: (i) Lessee is not in default under the Lease; (ii)Lessee gives notice to the City of its intention 13 14 to exercise this option within sixty (60) days from the expiration date of this Lease, and (iii) City is provided a Special Warranty Deed, containing the provisions set forth in Section 41 below and in form and content otherwise acceptable to the City, with directions for delivery of the Special Warranty Deed by the City to TSA; and (iv) Lessee complies with all applicable laws and provisions below concerning acquisition of the Lease Premises. (b) Early Option to Purchase. In consideration of the performance by TSA of all of its obligations under this Lease-Purchase Agreement and the payment to City in full of the funds required to be paid under this Lease, TSA shall have the option to purchase the Lease Premises from City upon the terms and conditions set forth in this subsection 40(b). This early option to purchase may be exercised at any time after the later of(a) expiration of 7 (seven)years from the Commencement Date of this Lease, or (b) when the tax exempt certificates allocated to the Rescue Center (or any obligations issued to refund such certificates) are no longer outstanding. (c) TSA may exercise its option by providing at least sixty(60)days' written notice to City of its intention to exercise the option on the following terms: i. The consideration for the sale shall be the payments and performance above provided and the additional sum of $100.00, and TSA's acceptance of a covenant running with the land, as provided in Section 41 below, to continue the operation of the Aquarium Property as an aquarium and sea life park in the manner required under Section 3 above. ii. Any survey, title insurance, title searches or similar closing expenses shall be at the sole cost and expense of TSA. iii. Closing of the purchase and re-acquisition of the Aquarium Property shall occur at the offices of a title company selected by TSA or at City's offices as designated in the notice of exercise of the option provided by TSA. iv. The Aquarium Property shall be conveyed by City to TSA "AS IS" in its then existing condition, subject to those matters of record as set forth in the deeds obtained by City when it acquired the Aquarium Property, without any warranties or representations of City whatsoever except for the limited warranty of title provided in the form of special warranty deed promulgated by the State Bar of Texas. V. No brokerage fees or commissions shall be due or owing to any party arising from the transaction. vi. The Aquarium Property conveyed specifically shall exclude any parking lots being leased by City from the State of Texas and subleased to TSA 14 15 vii. The Lease Premises will be conveyed to TSA by the City by a Special Warranty Deed containing the provisions set forth in Section 41 below, and in form and content otherwise acceptable to the City. Upon the closing of the purchase under either of Subsection 40(a) or 40(b), this Lease shall terminate and be of no further force or effect, and the parties shall be released from all obligations hereunder; provided that, TSA shall have the continuing obligation to fund, operate and maintain the Lease Premises for the purposes set forth in this Lease, as provided in this Lease, and nothing in this section shall be construed as releasing TSA from its obligations under the deed to continue operation of an aquarium and sea life park as provided above. 41. Special Warranty Deed. Upon TSA's exercising its option to purchase in compliance v6th the terms and conditions of this Lease-Purchase Agreement, the City shall convey the Lease Premises to TSA by Special Warranty Deed. In addition to other terms and conditions acceptable to the City, the Special Warranty Deed shall contain and include the following provisions: (a) Right of First Rcf isal. If TSA shall decide to sell the above described property to a third party on established terms and conditions acceptable to TSA, TSA shall first offer the property to the City for the price and on the same terms and conditions as are offered by the third party. The City shall have ninety (90) days from the date of the offer to the City in which to accept or reject the offer. In connection with any such exercise of this right of first refusal by the City, the City shall be entitled to a credit against the purchase price equal to the $14,5000,000 bond indebtedness issued by the City in connection with the initial construction of the Aquarium. This right of first refusal shall inure to the benefit of City, and the City's successors, representatives, and assigns, and shall continue in full force and effect for a period of seventy-five (75) years from and after December 31, 2014, and at the expiration of that period shall be of no further force or effect. In the event that the City elects not to exercise the right of first refusal, the City shall be repaid the $14,5000,000 bond indebtedness issued by the City in connection with the initial construction of the Aquarium out of the sales price. Nonetllcless, the City Council may agree to subordinate this$14,500,000 repayment obligation to future specified mortgage indebtedness. (b) Subordination to Caribbean Building Mortgage Indebtedness. The obligations of TSA to reimburse the $14,500,000 bond indebtedness to the City shall be expressly subordinate to the obligations for payment of mortgage indebtedness incurred by TSA pursuant to the terms and conditions of this Lease-Purchase Agreement for the construction of the Caribbean Building Project. Such subordination shall be included in the Special Warranty Deed provided above and identify the leasehold mortgages, if any remain in effect at such time, by date and recording information. (c) Restrictive Covenant. The above described property shall be used, occupied and maintained solely as an aquarium and sea life park ("Aquarium"); provided, 15 16 however,that Grantee may operate food,drink,souvenir,and such other concessions as the Grantee may deem consistent with, but secondary to, operation of the Aquarium, including without limitation participating in fundraising activities; and provided further that if the property is damaged by fire, storm or other event beyond Grantee's control the Grantee shall not be in violation of this Restrictive Covenant so long as Grantee is taking such action as is necessary to finance, design, rebuild, reconstruct or repair the damages to the property in a timely manner. This restrictive covenant shall expire on December 31, 2089. (d) Utility Easements. The City shall have the right to reserve in the Special Warranty Deed utility easements as needed to accommodate public utilities maintained in areas being conveyed to TSA. (e) Storm Water Line. The obligations of TSA in Section 38 above concerning the 48- inch storm water line shall be continued in the Special Warranty Deed unless TSA has relocated such storm water line into a new easement without any encroachments of TSA improvements. (f) Reverter Clause. If TSA violates the above and foregoing Restrictive Covenant, after the lapse of sixty (60) days' written notice and the opportunity to cure such violation the ownership and title to above described property and all improvements and fixtures thereon shall revert to the City immediately upon the City giving TSA written notice of reversion. EXECUTED in duplicate originals this day of , 2021, by duly authorized representatives of the parties. Attest: City of Corpus Christi,Texas By: By: Rebecca Huerta, City Secretary Name: Title: Legal form approved on , 2021. By: Assistant City Attorney 16 17 Texas State Aquariu Association By: Thomas H. Schmid. President & CEO Acknowledgements STATE OF TEXAS 5 COUNTY OF NUECES This instrument was acknowledged before me on the �j 03,t , 2021,by Thomas H. Schmid,as President&CEO of the Texas State Aquarium Association,a Texas non-profit i co ration, NICOLE ANDRADE c-. ` {•'` My Notary ID#126814223 "rf•IOF;�*�•- Expires ReNuary Zai,2025 Notary Public, State of Texas STATE OF TEXAS § COUNTY OF NUECES This instrument was acknowledged before me on the , 2021, by as of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public, State of Texas 17 18 Exhibit 1 Actions related to land acquisition forAquariuni: 30 year lease from Port Authority of Corpus Christi, authorized by Ordinance No. 19619 on January 27, 1987 Resolution authorizing the condemnation of 8 tracts, authorized by Resolution 20214 on February 16, 1988 Multiple Use Agreement with Texas Department of Transportation to allow parking under the SH 181 bridge adjacent to TSA Closing and,abandoning N. Shoreline from Canal Street to 200 feet North of Bennett Street, portions of Canal Street, Surfside, and Bennett Streets, subject to a replat, authorized by Ordinance No. 20244, on March 15, 1988 Acquisition of Parcel 15, authorized by Resolution No. 20353 o.n June 21, 1988 Acquisition of Parcels 1 and 10, authorized by Motion No. M-87-0215 on June 2, 1987 Acquisition of Parcel 12, authorized by Motion No. M87-0284 on August 11, 1987 Acquisition of Parcel 16, authorized by Motion No. M87-0364 on November 3, 1987 Authorizing acquisition of Parcels 2, 3, 4, 5, 6, 7, 8, 11, 15, and 16 by Condemnation by Resolution No. 19941 on August 25, 1987 Acquisition of Parcels 5 and 6, authorized by Motion No. M88-0038 on February 16, 1988 Acquisition of Parcel 7, authorized by Motion No. M88-0055 on March 15, 1988 Acquisition of Parcel 4, authorized by Motion No. M$8-0066 on March 22, 1988 Acquisition of Parcels 2 and 3, authorized by Motion No. M88-0120 on May 24, 1988 Acquisition of Parcels 13 and 14, authorized by Resolution 20147 on January 5, 1988 Acquisition of Lots 3, 4, 5, and 6, Block 69, Beach Portion authorized by Resolution No. 20210 on February 16, 1988 Acquisition of Parcel 15, authorized by Resolution No. 20353 on June 21, 1988 Page I of 3 L Legal Admin Attomeys.Lisa'2021 Parks Chan Draft 9-14-2021 of First Amended Lease to 2014 Lease.and Operating Agreement-as final in 2014.doex 19 Acquisition of Parcel 11, authorized by Motion No. M88-0078 on April 5, 1988 Acquisition of Parcel owned by Helen Royal, authori7cd by Resolution No. 20346 on June 21, 1988 Actions related to parking Lot Afar Aquarium: - Multiple Use Agreement with Texas Department of Transportation to allow parking under the SH 181 bridge adjacent to TSA - 5 year parking lease with TSA for parking lots A, B, C authorized by Ordinance No. 021839 on December 21, 1993 - Contact between City and TSA to construct a parking lot, issue Certificates of Obligation, set out payment obligations, etc., authorized by Motion No. M89-0344 on November 28, 1989 - Contract between City and Haas Construction Co. for paving streets,parking lots,bus loop, irrigation, and landscaping improvements, authorized by Resolution No. 020852 on December 19, 1989 - Actions related to financing for Aquarium - Ordinance No. 020309 authorizing Tax and Tax Increment Financing Revenue Certificates of Obligation on - Ordinance No. 020488 amending Ordinance No. 020309, which authorized Tax and TIF Revenue Certificates of Obligation, on October 4, 1988 - Ordinance No. 020166 amending Re-Investment Zone No. I contracts with various governmental agencies to provide financing for improvements to Aquarium and the Corpus Christi Museum of Natural History on January 19, 1988 - Resolution 020169 on January 19, 1988 - Ordinance No. 019674 authorized a purchase agreement and Management contract which set out duties, rights, obligations of City and TSA to construct and operate the Aquarium on June 15, 1987 Page 2 of 3 L:1Legal Admin Attomeys\Lisa12021 Parks\Clean Draft 9-14-2021 of First Amended Lease to 2014 Lease and Operating Agreement-as final in 2014.docx 20 Actions related to construction in area around Aquarium: Award of construction contract for Waterfront Improvements to Garrett Construction Company, authorized by Motion No. M88-0050 on March 8, 1988. Acceptance of Waterfront Improvements by Garrett Construction Co., authorized by M88- 0271 on December 20, 1988. Award a Wastewater Line Construction Project to King Isles, authorized by Motion No. M89-0071 on March 14, 1989. Award an infrastructure contract to King Isles, authorized by Motion No. M89-0226 on August 15, 1989. Award a contract to remove a leaking underground petroleum storage tank to Genesis Environmental, authorized by Motion No. M90-094 on April 10, 1990. Page 3 of 3 L:1Legal Admin Attorneys\L,isa%2021 Parks\Clean Draft 9-14-2021 of First Amended Lease to 2014 Lease and Operating Agreement-as final in 2014.docx 21 Exhibit A Texas State Aquarium Subdivision, Lot G, as recorded in Volume 68 Page 856, Nueces County Clerk Records. :• 2.1 1 '+ " 00 f Plot"r Siert v AQUARIUM, Subdivision As s A-1,B,c„d o T e oa y"ti,4'�'� •e � 1 s ! Rr_aros o TTCc..^�YTesss, a�j Lol A-3, �~t �^� 1111 ` S,rm611tN.•Jmi 11.FM 'C URBAN d L:ILegal Admin Attorneys\Lisa12021 Parks\Clean Draft 9-14-2021 of First Amended Lease to 2014 Lease and Operating Agreement-as final in 2014.docx 22 Exhibit B 2 of I I I I I I § I I I I I 1 I i 1 I I I I i I ! I I I I k I I E i I � I E yy b u I I I Y I1 71111101111M nrlrrw srf 1 1 aeras arssa ; 1 I �fl4R. I iws wis ii>e E I I • l I I I I 6 i I I I 1 1 I 1 I ! 1 I ! I 1 @ I i 1 1 ` tw I f ! I I 1 1 I I 71. /yA • . ..R l AORT ar coRPus C7tRlsTt Al1Tf[tjrta•'rIr O TUAS STATE AQUARMI ASSOCIATION, INC. 2.9E ACRE LEASE raw 1w 1y� M•� AOS iiNf 1-7Legal Admin Attorneys`Lisa12021 Parks\Clean Draft 9-14-2021 of First Amended Lease to 2014 Lease and Operating Agreement-as final in 2014.doex 23 Exhibit C 1 1Y i h k, L:1Legal Admin Attomeys\Lisa12021 Parks\Clean Draft 4-14-2021 of First Amended Lease to 2014 Lease and Operating Agreement-as final in 2014.doex 24 Exhibit D I. TEXAS STATE AQUARIUM TSA LEASE INSURANCE REQUIREMENTS A. TSA must not commence work under this agreement until it has obtained all insurance required herein and such insurance has been approved by the City. Nor may TSA allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. TSA must furnish to the City's Risk Manager 2 copies of Certificates of Insurance, with the City named as an additional insured for all liability policies, and a blanket waiver of subrogation on all applicable policies, showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all Bodily Injury and Property Damage certificates Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises—Operations 3. Products/Completed Operations Hazard 4. Contractual Insurance S. Broad Form Property Damage 6. Independent Contractors 7. Personal Injury AUTOMOBILE LIABILITY--OWNED NON- $1,000,000 COMBINED SINGLE LIMIT OWNED OR RENTED WORKERS' COMPENSATION WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $100,000 PROPERTY INSURANCE No less than 80%of full replacement cost coverage for E All Risk coverage to include Windstorm, all TSA real and personal property Hurricane and Hail and Flood Insurance In the event of accidents of any kind,TSA must furnish the Risk Manager with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. L:1Legal Admin Attorneys\Lisa12021 Parks\Clean Draft 9-14-2021 of First Amended Lease to 2014 Lease and Operating Agreement-as final in 2014.docx 25 II. ADDITIONAL REQUIREMENTS A. TSA must obtain workers' compensation coverage through a licensed insurance company or through self-insurance obtained In accordance with Texas law. If such coverage is obtained through a licensed company, the contract for coverage must be written on a policy and endorsements approved by the 'texas Department of Insurance. If such coverage is provided through self-insurance, then within 10 calendar days after the date the Contract Administrator or his designee requests that TSA sign the contract documents, TSA must provide the Risk Manager with a copy of its certificate of authority to self-insure its workers' compensation coverage, as well as a letter signed by the TSA statin; that the certificate of authority to self-insure remains in effect and is not subject to any reN ocation proceeding then pending before the Texas Workers' Compensation Commission. Further, if at any time before final acceptance of the Work by the City, such certificate of authority to self-insure is revoked or is made the subject of any proceeding which could result in revocation of the certificate, then TSA must immediately provide written notice of such facts to the City, by certified mail, return receipt requested directed to City of Corpus Christi, Legal Department, P.O. Box 9277, Corpus Christi, TX 78469- 9277 - Attention: Contractor Administrator. Whether workers' compensation coverage is provided through a licensed insurance company or through self-insurance,the coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by TSA will be promptly met. B. Certificate of Insurance: * The City of Corpus Christi must be named as an additional insured on the liability coverage, except for the Workers' Compensation coverage and a blanket waiver of subrogation on all applicable policies. If your insurance company uses the standard ACORD form,the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording after"left". * The name of the project must be listed under "Description of Operations" * At a minimum, a 30-day written notice of change or cancellation is required. C. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items 1.B (1)-(7), an authorized representative of the insurance company must include a letter specifically stating whether items I.B. (1)-(7) are included or excluded. III. A completed Disclosure of Interest must be submitted with your proposal. 26 Exhibit E FORM OF CERTIFICATION FOR PAYMENT (Certification for Payment—Rescue Center) CERTIFICATION FOR PAYMENT FORM NO. The undersigned [(the "Construction Manager")/("TSA"] requests payment from The City of Corpus Christi (the "City") in the amount of$ for labor, design, materials, fees, and/or other general costs related to the acquisition or construction of certain authorized improvements to the fescue Center. In connection with the above referenced payment, [the Construction Manager/TSA] represents and warrants to the City as follows: 1. The undersigned is a duly authorized officer of[the Construction Manager/TSA], is qualified to execute this Certification for Payment Form No. on behalf of [the Construction Manager/TSA], and is knowledgeable as to the matters set forth herein. 2. The work described in Attachment A has been completed in the percentages stated therein. 3. The Certification for Payment for the below referenced Authorized Improvements has not been the subject of any prior Certification for Payment submitted for the same work to the City or, if previously requested, no disbursement was made with respect thereto. 4. The amounts listed for actual costs of the authorized improvements, as set forth in Attachment A is a true and accurate representation of the actual costs associated with the acquisition, design or construction of said Authorized Improvements. 5. [Attached hereto as Attachment B is a true and correct copy of a bills paid affidavit evidencing that any contractor or subcontractor having performed work described in Attachment A has been paid in full for all work completed through the previous Certification for Payment.][Include bracketed language if final progress payment for such Authorized Improvement] 6. Attached hereto as Attachment C are invoices,receipts,purchase orders,change orders, and similar instruments, which are in sufficient detail to allow the City to verify the actual costs for which payment is requested. (Signature pages follow) 27 1 hereby declare that the above representations and warranties are true and correct. a [Texas] [limited liability company], as CONSTRUCTION MANAGER/Texas State Aquarium Association, a Texas nonprofit corporation] By: Name: Title: JOINDER OF PROJECT ENGINEER The undersigned Project Engineer joins this Certification for Payment solely for the purposes of certifying that the representations made by [Construction Manager/TSA] in Paragraph 2 above are true and correct in all material respects. By: Name: Title: Date: APPROVAL OF CERTIFICATION FOR PAYMENT The City is in receipt of the attached Certification for Payment Form No. , acknowledges the Certification for Payment and otherwise finds the Certification for Payment Form No. to be in order. After reviewing the Certification for Payment Form, the City approves the Certification for Payment Form No. and shall release payment from [the appropriate account] to [the Construction Manager/TSA] or to any person designated by the [Construction Manager/TSA]. CITY OF CORPUS CHRISTI,TEXAS By: Name: Title: Date: 28 ATTACHMENT A TO CERTIFICATION FOR PAYMENT FORM NO. Segment Description of Work Completed under Actual Costs this Certification for Payment ATTACHMENT B TO CERTIFICATION FOR PAYMENT FORM NO. [Include Attachment B bracketed iffinal progress payment for such Authorized Improvement] ]bills paid affidavit and release of liens - attached] ATTACHMENT C TO CERTIFICATION FOR PAYMENT FORM NO. ----- [Include invoices, receipts, purchase orders, change orders, and similar instruments, which are in sufficient detail to allow the City to verify the actual costs For which payment is requested] so �o o� A H AGENDA MEMORANDUM WoRPORPg4 First Reading for the City Council Meeting of October 12, 2021 1852 Second Reading for the City Council Meeting of October 19, 2021 DATE: September 29, 2021 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA, CGFO, Director of Finance and Procurement Heatherh3@cctexas.com 361-826-3227 Amending the City of Corpus Christi's Film Ordinance CAPTION: Ordinance amending the City's Film Ordinance to only require permits for filming that excludes the public from public property, providing for fee and insurance waivers, and providing for existing penalties SUMMARY: This agenda item is requesting approval of proposed changes to the City of Corpus Christi's current Film Ordinance to provide clarifying language on when film makers are required to obtain a permit and insurance for filming within the city limits and on City property in accordance with the First Amendment. BACKGROUND AND FINDINGS: Recently a situation occurred which resulted in confusion as to when permits and insurance are required for film making within the city limits of Corpus Christi. As a result, local filmmakers approached the City of Corpus Christi and the Film Commission requesting an update to the existing Film Ordinance which would allow for an exemption of insurance requirements. Visit Corpus Christi (VCC) staff researched existing Film Ordinances in Austin, Denton, EI Paso, San Marcos, San Antonio, Seattle, Washington, and Atlanta, Georgia to identify best-practices in film-friendly communities regarding local filmmakers and permit and insurance requirements. These ordinances were compared to the current City Ordinance and VCC worked with City staff to recommend clarifying changes to reflect the best practices found in other cities' ordinances. These proposed changes were reviewed with a small group of representatives from the local film community and feed-back was given and incorporated where appropriate. The proposed changes do not overhaul the existing film ordinance but rather provide clarifying language to make it easier to determine when a permit and insurance is required to be obtained. A permit and insurance are only required when filming requires the exclusive use of public property. ALTERNATIVES: City Council could choose to not amend the ordinance to include the clarifying language. FISCAL IMPACT: None Funding Detail: N/A Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: City staff recommends approval of the ordinance amendment to include clarifying language on when film makers are required to obtain a permit and insurance for filming within the city limits and on City property in accordance with the First Amendment. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending the City's Film Ordinance to only require permits for filming that excludes the public from public property, providing for fee and insurance waivers, and providing for existing penalties. WHEREAS, the State of Texas, through the Texas Film Commission, provides incentives for qualified production of motion pictures, television series, commercials, music videos, interactive games and animation in the State; and WHEREAS, the City of Corpus Christi benefits from the Industry's growth in the State, both economically and culturally, including through job creation, employment, construction of infrastructure, patronization of restaurants, hotels and other local businesses and rental of real property and equipment; and WHEREAS, the City is committed to meeting the needs of the Entertainment Industry while simultaneously sustaining the quality of life of its citizens and businesses; and WHEREAS, it is in the best interest of the City to utilize the Corpus Christi Film Commission at the Corpus Christi Convention and Visitors Bureau, which will be dedicated to meeting the needs of the Entertainment Industry and coordinating forthe related needs of Corpus Christi's citizens and businesses; and WHEREAS, the City of Corpus Christi desires to amend Chapter 36 of the Code of Ordinances to clarify the requirements for a Filming Permit, in light of the requirements of the First Amendment of the United States Constitution, and provide the City Manager, or designee, with the ability to waive application fees and insurance requirements in certain situations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Code of Ordinances of the City of Corpus Christi is amended by amending Chapter 36, Article III "Procedures, Guidelines and Fees for Commercial Filming," by adding the underlined language and removing the -s+r„nL +hre,,nh IaRg lag , to read as follows: "ARTICLE III. Procedures, Guidelines and Fees for Gommpern-ma' Filming Sec. 36-80. Definitions. "Applicant" means the person or entity filming when such filming requires the exclusive use of Public Property and applying for a Filming Permit. entity GGGF liRatiRg IGn._fiA_nc_ fr9r fho "City Manager" means the City Manager or h'�e designee, the Gity'�pc^i"czcrrEP'crts$ "Element" means an activity involving or item of City of Corpus Christi property to be used during the filming. "Entertainment Industry *"means the industry involved in production of motion pictures, television series, commercials, music videos, interactive games and animation, where the final product is intended to be commercially released and/or commercially distributed. "Film Commission" means the Corpus Christi Film Commission Office at the Corpus Christi Convention and Visitors Bureau. "Local Film Maker" means any film maker that resides in the following counties: Nueces, Kleberg, Jim Wells, San Patricio, Live Oak, Bee, Refugio, Goliad, Victoria and Aransas. "Low-Impact Production" means a production that meets all of the following conditions: no generator, not more than 10 people in the crew at any one time, no moving production motor vehicles on camera (i.e. filming only passing traffic), no exclusive use of a street right-of-way by production vehicles or pedestrians, no exclusive use of a pedestrian right- of-way (i.e. no closure of a sidewalks), and no involvement or use of alcoholic beverages, car pursuits, stunts, aircraft or pyrotechnics. It shall be the responsibility of the Applicant to provide adequate written proof to the City Manager to establish that a production qualifies as a Low-Impact Production. "Project" means the entire scope of work associated with the Filming Permit. "Public Property" means City Property (including but not limited to City streets, rights-of- way, buildings, and park facilities), City equipment, and/or City personnel. Sec. 36-81. Purpose and Scope. (a) The City Council recognizes there is a need to allow for ^^mmor^ia' film-making activities in the City in a manner that protects the health, safety and welfare of the public by establishing guidelines and procedures pertinent to filming,which involves Public Property Gity PFGPor+„ o, i iip McRt and norS„r 8491. The City of Corpus Christi has strategically identified filming as a valuable economic sector and one of the City's goals is to encourage filmmakers to continue producing film projects in the City. (b) These procedures govern requests for ^mmorniol use of Public Property or 6+ty Areper�streetsrightc-n parks itioc) GemmeFG use of private property which may affect adjacent Public Property , +;c „sso ^f ^ity on TeRt a d PeFSGR el in the filming of movies, TV shows, commercials, social media videos, and related activities. To the extent that this Article is inconsistent with or conflicts with any provision of the Code of Ordinances, this Article supersedes any such provision (i.e., sections regarding use of city rights- of-way, temporary street closures, and any other provisions inconsistent with this Article). This ordinance is intended to lav out the process to obtain a Filming Permit for film projects that require exclusive use of Public Property and is not intended to impede or place restrictions on film projects to the extent that such projects do not require exclusive use of Public Property. (c) This Article does not apply to the filming conducted by a governmental entity orof-a the filming of a public meeting (as "meeting" is defined by Chapter 551 of the Texas Government Code), GF filming nnnrdiigtoiJ�R orJi ino+inn�l inc+i+i i+inn Sec. 36-82. City and City Manager Authority. (a) The Applicant agrees that the City shall have full control over the use of the rp operty gity StFeG+G paFkc faGili+ies and pFepeFty of+he moi+„while being used in the filming, as well as control over the hours of production and the general location of the production. The City reserves the full and absolute right to prohibit all filming or to order cessation of filming if determined to be detrimental to the public health, safety and welfare. (b) The Applicant agrees to allow the respective City Departments (i.e., Police, Fire, Development Services, Risk Management, Parks and Recreation) to inspect all structures and/or devices and equipment to be used in connection with the filming and taping if required by the City Manager. Sec. 36-83. Corpus Christi Film Commission (a) The Corpus Christi Film Commission at the Corpus Christi Convention and Visitors Bureau is designated as the City's agent for the Filming Permit. The Film Commission will be the first point of contact for the Filming Industry and will administer the Filming Permit process in conjunction with the City Manager's designee. (b) Additionally, the Corpus Christi Film Commission shall be responsible for marketing Corpus Christi, in association with the Texas Film Commission, to the Entertainment Industry and maintaining a database of local resources for entertainment production. Sec. 36-84. Permit Requirements. (a) Prior to filming that requires the pFe6sfibed exclusive use of.E-public roperty tree+ Fight_nf_way, garb faGility, eq iipMeRt nr norcnnRO a Filming Permit must be obtained. NG Filming Dgcrrmrrit0.6 required by the Git” unless; the n+or+�inmon+ 'Rd G+r„ �AIArFi is r.orfnrmorl nr, o.ihli+ ornnor+„ No Filming Permit is required if the filming does not require exclusive use of Public Property. (b) Filming Permits shall be issued by the Film Commission. Permits shall be issued to the Applicant and will specify the filming that may occur at a particular location at a particular time. (c) The Filming Permit Application will be evaluated by the Film Commission and City staff, and the elements requested will be considered for approval. The Filming Permit will authorize the element(s) to be performed as part of the filming. (d) In the event that permission to perform an element is denied by the City Manager or the Film Commission, the remainder of the Filming Permit can be granted for all other aspects of the Filming for which the requirements have been met. (e) An Applicant that receives a Filming Permit is responsible for knowing and complying with all local, state and federal laws, including other ordinances and regulations that establish prerequisites, authorizations and other required permissions applicable to the filming. (f) Where permitted, filming includes advertising signs orother displays of commercial speech, and the signs and/or displays must be removed upon the expiration of the Filming Permit. (g) Notwithstanding any other part of this code, any Applicant that performs filming without receiving a Filming Permit, violates the material terms of a Filming Permit, or is otherwise in violation of this Epteaaai.prn Filming Ordinance, shall be subject to penalties as provided in Section 1-6 of the Code of Ordinances. (h) The issuance of a permit shall not grant the Applicant a constitutionally protected property interest. All applications for permits shall be in the form prescribed and shall contain the information and exhibits required by this Article. All applications for permits shall be signed by the Applicant or the designated representative se+Re FGPFGSGRta of the Applicant having due and legal authority to enter into contracts binding upon the Applicant. (i) When more than one application is received for filming at substantially the same place and time, and the Film Commission reasonably determines that both filmings cannot logistically and/or safely occur together, the earlier or earliest of the applications that is received by the Film Commission in a substantially completed form, which includes submission of the requisite application fee, shall be given priority as to the time and place requested. The Corpus Christi Film Commission may make reasonable efforts to consult with the other applicant(s) in an attempt to find alternative times and/or locations that are acceptable. Sec. 36-85. Processing of Filming Permit Applications. (a) The Application shall include, but not be limited to, the following: (1) Filming Project Name; (2) Applicant Name, Contact Information including a valid phone number and email address, and Photo Identification; (3) Producer (or Designee's) Name and Contact Information; (4) Dates, Times and Locations of Preproduction, Filming and Wrap Activity; (5) Description of Filming Activity at each Location; Supplemental script pages, Treatments or Storyboards may be required as part of this component (6) Description of any elements that may be performed during the filming, including the dates, times and locations of each; (7) Description of any aspects of the filming, other than the elements, that may require City services; (8) Description of any assistance the Applicant may need from the Film Commission, and/or concerns the Applicant wants the Film Commission to be aware of; (9) Evidence of insurance as required in section 36-87 of this code; (10) Identification of adequate restroom facilities, waste disposal facilities and a sufficient supply of potable water to accommodate the participants during the filming activity; (11) Report listing the number of vehicles and types of equipment to be used during the filming, including proposed hours of use and proposed parking locations. Such locations will need to be specifically approved by the City so as to maintain traffic safety. On-street parking or use of public parking lots is subject to City approval. The use of exterior lighting, power generators, or any other noise or light-producing equipment requires on- site approval of the City Manager. (b) Application Time - A Filming Permit Application must be submitted to the Film Commission within the time frames below: (1 G9MMeFGials eFFip+sedisTele�sr All Filming Other than Feature Films. A minimum of 3 business days before the filming, or any substantial activity related to the project, begins. (2) Feature Films. A minimum of 5 business days before the filming, or any substantial activity related to the project, begins. Application Fee - All applications for Filming Permits shall be accompanied by a filing fee of tWGRty fi„o rdellars ($25.99).$25.00. The Gity A r May WaiVe this fee 61PGR preef of;n ergaRizati n's nen_Prefit sbat�STrhre AppliGatiGR Fee isa�waiv ter I enA1 Cilm Makers if they are registered filmmakers with the Cilm C;9mmissien Other fees may apply (i.e. Public Right-of-Way Blockage Permit per section 53-195 of the Code of Ordinances). The City Manager may grant exemptions to the Application Fee for: (1) Students filming as part of an educational project sponsored by an accredited educational institution; (2) Non-profit organizations upon proof of the organizations' non-profit status; (3) Local Film Makers if they are registered filmmakers with the Film Commission; or (4) Low-Impact Productions. Sec. 36-86. Use of G#y- ublic Property, Equipment and Services. (a) Required Use of City Equipment and Personnel. In completing the Filming Permit Application, the Applicant will indicate additional City Equipment or Services necessary for the public safety, health and welfare of the City. The Applicant is responsible for paying the costs incurred as a result of the production activity for use of any Police, Fire, Traffic Engineering or other City Personnel assigned to the Project (whether specifically requested by the production or not). The Film Commission will facilitate contracting for use of off-duty city personnel (police, fire or other city personnel) directly. Rates for the use of any of city equipment, including police vehicles and fire equipment, will be provided at the time of application. The City Manager may, at his/her discretion, require an advance deposit for the use of city equipment through the offices of the Film Commission. Rermit Fee_ All required fees related to use of City Equipment and Personnel will be due before a Filming Permit is issued. (b) Police and Fire.The Chief of Police and/or Fire Chief shall have the authority to stipulate additional Police or Fire requirements and level of staffing at any time during the Project, if it is determined to be in the best interest of public safety, health and welfare of the City. The cost of additional staff will be borne by the A-applicant and will be due to the City within seven days after notification of the additional staff cost. (5) Traffic Engineering. It shall be the duty of each Applicant to make provisions for the safe crossing of pedestrians and the orderly movement of vehicular traffic in accordance with the Texas Manual on Uniform Traffic Control Devices (TMUTCD). If a street closure or traffic control is required, the Applicant shall be responsible for paying occupancy charges required by section 53-195. Traffic control plans must be obtained from a Professional Engineer licensed in the State of Texas and submitted to the City for approval. A review fee of $100.00 will be charged for the required review of traffic control plans submitted by an Applicant's consultant professional engineer. The Applicant is responsible for obtaining services for traffic control devices. (d) Use of City Property. The City Manager may authorize the use of any of city streets, rights-of-way, parks, facilities, the use of the City of Corpus Christi name, trademark or logo and/or the use of city equipment and/or personnel f^r in the production of movies, television programs, commercials, social media, or training films and related activities. In conjunction with these uses, the City Manager may require that any or all of the conditions as specified on the Filming Permit Application be met as a prerequisite to that use. (e) Fees for Use of City Property. Depending upon the extent of the use of City Property, the Applicant agrees to reimburse the Film Commission for costs incurred when using City property. All required fees related to use of City Property will be due within 10 business days of the issuance of a Filming Permit (f) Notification of Neighbors. The Applicant shall provide a short written description of the schedule for the proposed production to the owners, tenants and residents of each property in the affected neighborhood (as defined by boundaries set by the City Manager). The Applicant, or his or her designee, shall make a demonstrated effort to notify each owner, tenant and resident of all such property 24 hours prior to filming. Sec. 36-87. Insurance Requirements, Save Harmless and Limitation of Liability. (a) Insurance Requirements. These insurance requirements follow the Texas Film Commission's insurance requirements. The producer shall furnish the City with a certificate of insurance, naming the City of Corpus Christi and the Corpus Christi Film Commission as an additional insured, in the amounts required by the City's Risk Manager, which includes an amount not less than $1 ,000,000.00 general liability, including bodily injury and property damage; automobile liability (if applicable) in an amount not less than $500,000.00 including bodily injury and property damage; worker's compensation to include all participants utilized in connection with filming and related activities; and employer's liability. Any City employee who is considered by the City to be in an off-duty status and who sustains injury/illness will be covered by the Applicant's workers' compensation coverage. The City of Corpus Christi reserves the right to determine and modify insurance requirements on a case-by-case basis, taking into consideration other risk factors involved in the filming activities, including but not limited to, for example, involvement or use of alcoholic beverages, car pursuits, stunts, aircraft and/or pyrotechnics. L Ea' fi' karsr G.G_.At-;_4ctthG QGFPH6 QhFiSt, € GGRI-rMOSSOir regi iiromonfc. The City Manager, in consultation with the City's Risk Manager, may waive insurance requirements on a case-by-case basis. (b) Save Harmless Agreement. (1) Applicant is required to provide a save harmless agreement in which aApplicant agrees to defend with counsel approved by City, pay and save harmless the City, its officers and employees from any and all claims or lawsuits for personal injury or property damage arising from or in any way connected to the filming; excepting any claims arising solely out of the negligent acts of the City, its officers and employees. (2) The Applicant agrees to pay in full, within 30 days upon receipt of an invoice, the costs of repair for any and all damage to public or private property resulting from or in connection with the filming activities and film production, and to restore the property to its original, or better than original, condition prior to the production. Film Producer/Applicant will be responsible for any and all damage to equipment used regardless if owned, rented, leased or borrowed. (c) Limitation of Liability. This ordinance shall not be construed as imposing upon the City or its officials or employees any liability or responsibility for any injury or damage to any person in any way connected to the use for which permits have been issued. The City and its officials and employees shall not be deemed to have assumed any liability or responsibility by reasons of inspections performed, the issuance of any permit or the approval of any use of the right-of-way. Sec. 36-88. Sanitation and Clean-up. A Filming Permit may be issued only after adequate waste disposal facilities have been identified and obtained by Aapplicant. Applicant may be required to utilize City signage addressing litter and recycling. Such signage must be returned to the City at the end of the event. Applicant w+lf must clean the right-of-way of rubbish and debris, returning it to its pre-activity condition, within 24 hours of the conclusion of the filming activity. If the pplicant fails to clean up such refuse, such clean up shall be arranged by the City and the cost charged to aApplicant." SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Section 1-6 of the Code of Ordinances. SECTION 5. This ordinance takes effect upon official publication. 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 SC �o o� � v AGENDA MEMORANDUM N�ORPaTthl First Reading Ordinance for the City Council Meeting of October 12, 2021 1852 Second Reading Ordinance for the City Council Meeting of October 19, 2021 DATE: August 23, 2021 TO: Peter Zanoni, City Manager FROM: Annette Rodriguez, M.P.H., Director of Public Health An netter(o-)-cctexas.com 361-826-7205 Acceptance and appropriation of the Public Health Crisis Response (PHCR) Workforce Contract in the amount $1,550,000 CAPTION: Ordinance authorizing execution of all documents necessary to accept, amend, and appropriate a grant contract between the Department of State Health Services(DSHS)and the Corpus Christi- Nueces County Public Health District in the amount of$1,550,000 for the period August 18, 2021 through June 30, 2023 for activities to establish, expand, train and sustain public health workforce in support of Coronavirus 2019 (COVID-19) response through the following: hiring four full-time public health positions (two project managers, one public information officer and one accountant), adjusting compensation for current Health District staff who were involved in the pandemic response March 2020 through May 2021, providing indirect cost reimbursement for general government support, and procuring office supplies. SUMMARY: The funding from this contract will specifically fund four (4) public health positions that will support and continue operational readiness for COVID-19 response. Contract funding will also provide compensation adjustments over the next two years to retain current Health Department employees. In addition, the contract allows for an indirect cost reimbursement for general governmental support. BACKGROUND AND FINDINGS: This workforce contract is to provide a plan for retention and training for existing Health Department employees and recruit new staff to address issues relevant to the local communities served and support of Coronavirus (COVID-19) response. The funding in this contract passes through the Department of State Health Services (DSHS) from Public Health Crisis Response Cooperative Agreement for Emergency Response from the Centers for Disease Control and Prevention (CDC). PROCUREMENT DETAIL: The Corpus Christi-Nueces County Public Health Department applied for this funding through the Department of State Health Services. ALTERNATIVES: Refuse the contract, reject the $1,550,000 FISCAL IMPACT: This contract will not have a fiscal impact on the General Fund for FY2021-2022. This program is 100% grant funded. FUNDING DETAIL: Fund: 1066 Health Grants paid by Department of State Health Services Organization/Activity: 831571 F Mission Element: 103 Health Disease Prevention Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Notice of Award Contract No. HHS001076700001 Ordinance Ordinance authorizing execution of all documents necessary to accept, amend, and appropriate a grant contract between the Department of State Health Services (DSHS) and the Corpus Christi-Nueces County Public Health District in the amount of$1,550,000 for the period August 18, 2021 through June 30, 2023 for activities to establish, expand, train and sustain public health workforce in support of Coronavirus 2019 (COVID-19) response through the following: hiring four full-time public health positions (two project managers, one public information officer and one accountant), adjusting compensation for current Health District staff who were involved in the pandemic response March 2020 through May 2021, providing indirect cost reimbursement for general government support, and procuring office supplies. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section Section 1: The City Manager or designee is authorized to execute all documents necessary to enter into a contract HHS 0001076700001 with the Department of State Health Services (DSHS) in the amount of $1 ,550,000 for the period August 18, 2021 through June 30, 2023 for activities to establish, expand, train and sustain public health workforce in support of Coronavirus 2019 (COVID-19). The funds are appropriated in Health Grants Fund 1066. Section 2: The funds are planned as follows: four full-time public health positions (two project managers, one public information officer and one accountant); for compensation adjustments for 48 current staff; for indirect cost reimbursement for general government support; and office supplies. Section 3: The City Manager or designee Director of the CCNCPHD is authorized to execute any future amendments to the grant contract which extend the contract period or increase or decrease the amount of the grant. Section 4: A copy of the executed grant shall be filed in the office of the City Secretary. 1 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor 2 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A TEXASJ `V Health and Human Texas Department of State Health Services Services John Hellerstedt,M.D. Commissioner Annette Rodriguez, MPH Corpus Christi-Nueces County Public Health District (City) 1702 Horne Rd. Corpus Christi, Texas 78416 Subject: CPS/PH Workforce Contract Contract Number: HHS001076700001 Contract Amount: $1,550,000.00 Contract Term: Upon Execution through June 30, 2023 Dear Ms. Rodriguez: Enclosed is the CDC Public Health Crisis Response (PHCR) Co-Ag: Public Health Workforce contract between the Department of State Health Services and Corpus Christi-Nueces County Public Health District (City). The purpose of this contract is to establish, expand, train, and sustain the state, tribal, local, and territorial (STLT) public health workforce to support jurisdictional COVID-19 prevention, preparedness, response, and recovery initiatives, including school-based health programs. Public health agencies are expected to use available funding to recruit, hire, and train personnel to address projected jurisdictional COVID-19 response needs to include hiring personnel to build capacity to address STLT public health priorities deriving from COVID-19. Please let me know if you have any questions or need additional information. Sincerely, Jennifer Boggs, CTCM Contract Manager 512-776-3967 Jennifer.Boggs@dshs.texas.gov P.O.Box 149347 • Austin,Texas 78714-9347 • Phone:888-963-7111 • TTY:800-735-2889 • wwwdshs.texas.gov DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A INTERLOCAL COOPERATION CONTRACT THE DEPARTMENT OF STATE HEALTH SERVICES CONTRACT No.HHS001076700001 THE DEPARTMENT OF STATE HEALTH SERVICES ("System Agency" or "DSHS") and Corpus Christi- Nueces County Public Health District(City) ("Local Government," "Grantee," "Performing Agency," or "Contractor"), each a"Party" and collectively the "Parties,"enter into the following contract for activities to establish, expand, train and sustain public health workforce in support of Coronavirus 2019 (COVID- 19) response and in alignment with the Public Health Crisis Response Cooperative Agreement for Emergency Response (Funding Opportunity Number CDC-RFA-TP18-1802) from the Centers for Disease Control and Prevention (CDC). I. PARTIES The following will act as the Representative authorized to act on behalf of their respective Party. System Agency Local Government Name: Department of State Health Services Name: Corpus Christi-Nueces County Public Health District(City) Address: 1100 W. 49th Street, MC 1990 Address: 1702 Horne Rd. City and Zip: Austin, TX 78756 City and Zip: Corpus Christi, Texas 78416 Contact Person: Jennifer Boggs Contact Person: Annette Rodriguez, MPH Telephone: 512-776-2304 Health Department: 361-826-7205 Fax number: 512-776-7391 Main Line: 361-826-1343 E-Mail Address: Jennifer.Boggsgdshs.texas.gov E-Mail Address: AnnetteR(C cctexaS.com Agency Number: 537 II. STATEMENT OF SERVICES TO BE PROVIDED The Parties agree to cooperate to provide necessary and authorized services and resources in accordance with the terms of this Contract. Specific services provided are described in Attachment A—Statement of Work. 111. CONTRACT PERIOD AND RENEWAL The Contract is effective on the signature date of the latter of the Parties to sign this agreement and terminates on June 30,2023,unless renewed, extended, or terminated pursuant to the terms and conditions of the Contract. The Parties may extend this Contract subject to mutually agreeable terms and conditions. IV. AMENDMENT The Parties to this Contract may modify this Contract only through the execution of a written amendment signed by both Parties. System Agency Contract No.HHS001076700001 Page 1 of 4 v.3.1.17 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A V. CONTRACT AMOUNT AND PAYMENT FOR SERVICES The total amount of this Contract shall not exceed $1,550,000.00, as provided for in Attachment B — Bud2et. VI. LEGAL NOTICES Legal Notices under this Contract shall be deemed delivered when deposited 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 1100 W. 49th Street, MC 1911 Austin, TX 78756 Attention: Office of General Counsel Local Government Name: Annette Rodriguez, MPH Address: 1702 Horne Rd. City & Zip: Corpus Christi, Texas 78416 E-Mail Address: AnnetteRgcctexas.com Notice given in any other manner shall be deemed effective only if and when received by the Party to be notified. Either Party may change its address for receiving legal notice by notifying the other Party in writing. VII. CERTIFICATIONS The undersigned contracting Parties certify that: (1) The services specified above are necessary and essential for activities that are properly within the statutory functions and programs of the affected agencies of state government; (2) Each Party executing this Contract on its behalf has full power and authority to enter into this Contract; (3) The proposed arrangements serve the interest of efficient and economical administration of state government; and (4) The services contracted for are not required by Section 21, Article XVI of the Constitution of Texas to be supplied under a contract awarded to the lowest responsible bidder. The System Agency further certifies that it has statutory authority to contract for the services described in this Contract under Texas Government Code, Chapter 791, Texas Health and Safety Code, Chapter 81, and Texas Government, Code 531. The Local Government further certifies that it has statutory authority to contract for the services described in this Contract under Texas Government Code, Chapter 791. System Agency Contract No.HHS001076700001 Page 2 of 4 v.3.1.17 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A VIII.ADDITIONAL GRANT INFORMATION In accordance with 2 CFR 200.331(A), if any of the following information is not available at time of contract execution, then it will be provided to the Grantee by a Technical Guidance Letter. Federal Award Identification Number(FAIN): NU90TP922165 Federal Award Date: 5/20/2021 Name of Federal Awarding Agency: Centers for Disease Control and Prevention CFDA Name and Number: Federal, 93.354 Awarding Official Contact Information: Ms. Sylvia Reeves, 770-488-2739, gpg0@cdc.gov DUNS: 807391511 System Agency Contract No.HHS001076700001 Page 3 of 4 v.3.1.17 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A SIGNATURE PAGE FOR SYSTEM AGENCY CONTRACT NO.HHS001076700001 THE DEPARTMENT OF STATE HEALTH SERVICES CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT(CITY) Signature Simature Annette Rodriguez MPH Printed Name Printed Name Health Director Title Title Date Date THE FOLLOWING ATTACHMENTS TO THIS CONTRACT ARE HEREBY INCORPORATED BY REFERENCE AND MADE PART OF THIS CONTRACT: ATTACHMENT A—STATEMENT OF WORK ATTACHMENT B—BUDGET ATTACHMENT C—FISCAL FEDERAL ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA) CERTIFICATE ATTACHMENT D—HHS UNIFORM TERMS AND CONDITIONS—GOVERNMENTAL ENTITY, VERSION 3.0 ATTACHMENT E—DATA USE AGREEMENT ATTACHMENT F—FEDERAL ASSURANCES AND CERTIFICATIONS ATTACHMENT G—CONTRACT AFFIRMATIONS 1.8 System Agency Contract No.HHS001076700001 Page 4 of 4 v.3.1.17 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A ATTACHMENT A STATEMENT OF WORK COVID-19—Public Health Workforce Expansion I. GRANTEE RESPONSIBILITIES Grantee will: A. Establish, expand, train and sustain public health workforce in support of Coronavirus 2019 (COVID-19)response and in alignment with the Public Health Crisis Response Cooperative Agreement for Emergency Response (Funding Opportunity Number CDC- RFA-TP 18-1802) from the Centers for Disease Control and Prevention (CDC). B. Complete all activities required and allowable under this Contract by June 30, 2023. C. Perform required activities intended to slow the transmission of COVID-19, minimize morbidity and mortality,preserve function of healthcare workforce and infrastructure, and minimize social and economic impacts. Required activities include: 1. Hire public health personnel (professional, clinical, disease investigation,program and/or administrative) in support of COVID-19 and infectious disease preparedness and response. Personnel may be permanent full or part-time staff, temporary or term- limited staff, fellows, interns and/or contracted employees. 2. Establish a formal committee that will ensure Grantee's health programs, methods and outcomes meet the diverse needs of the communities served. a Within 30 days of Contract execution, submit a roster of this committee that describes how members are reflective of the communities to be served and can best address community public health needs to WorkforceCoAggdshs.texas.com and the assigned Contract Manager. b. Within 60 days of Contract execution, submit proposed plan to address health disparities, and your training plan to WorkforceCoAggdshs.texas.com and the assigned Contract Manager, using the template provided by System Agency. 3. Provide training for staff to be equipped to address health disparities appropriately, as recommended by the committee, to existing and new staff, focusing on issues relevant to the local communities served. D. Funds cannot be used for research, clinical care, medical or clinical supplies, fund-raising activities, construction or major renovations, to supplant existing state or federal funds for activities,purchase of vehicles of any kind (including mobile medical clinics), clothing to include uniforms or scrubs or funding an award to another party or provider who is ineligible. Any furniture/cubicle purchases will require PRIOR approval by System Agency. Funds cannot be used for the preparation, distribution, or use of any material (publicity or propaganda) or to pay the salary or expenses of grant recipients, contract recipients, or agents that aim to support or defeat the enactment of legislation, regulation, administrative action, or executive order proposed or pending before a legislative body beyond normal, recognized executive relationships. E. Comply with all applicable regulations, standards, and guidelines in effect on the beginning date of this Contract and as amended. Page 1 of 4 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A ATTACHMENT A STATEMENT OF WORK COVID-19—Public Health Workforce Expansion F. The following documents and resources are incorporated herein by reference and made a part of this Contract as if fully set forth therein: 1. DSHS and CDC Public Health Crisis Response Cooperative Agreement, Funding Opportunity Number: CDC-RFA-TP18-1802; 2. Project workplan G. 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 to the assigned System Agency Contract Manager by email 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. H. Expenses are eligible for reimbursement review and payment in alignment with the Grant Award effective date of July 1, 2021. IL PERFORMANCE MEASURES DSHS will monitor the Grantee's performance of the requirements in this Statement of Work and compliance with the Contract's terms and conditions. DSHS will develop performance measures in collaboration with the Grantee. III. REPORTING REQUIREMENTS Grantee, at the request of the System Agency, may be required to submit additional reports determined necessary to accomplish the objectives of and monitor compliance with this Contract. Grantee must submit reports in a format specified by the System Agency. Grantee will provide System Agency financial reports as System Agency determines necessary to accomplish the objectives of this Contract and to monitor compliance. If Grantee is legally prohibited from providing any report under this Contract, Grantee will immediately notify System Agency in writing. Grantee will provide and submit written reports, by electronic mail in the format specified by System Agency. Grantee will complete and submit the bi-annual program and financial reports by the 5th business day of each month. Grantee shall maintain the source documentation used to develop the reports. All written reports should be titled with the Grantee name, address, email address, telephone number,program name, contract or purchase order number, dates services were completed and/or products were delivered,the time period of the report, total invoice amount, and invoices paid to subgrantees for services received. A. Submit local health entity COVID-19 Workforce Expansion progress reports and spend Page 2 of 4 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A ATTACHMENT A STATEMENT OF WORK COVID-19-Public Health Workforce Expansion plans within an established timeframe designated by the System Agency, using the template provided by System Agency. Progress reports will include status updates on meeting hiring goals, addressing health disparities and reporting progress through financial reports. Failure to submit a required report or additional requested information by the due date specified in this Contract listed below or upon request constitutes breach of contract and may result in delay of payment. Reports should be sent electronically to WorlforceCoAggdshsAexas.com and the assigned Contract Manager. Progress Reports - due 7-Jan-22 Progress Reports - due 7-Jul-22 Progress Reports - due 9-Jan- Progress Reports - due 7-Jul-23 B. Submit a final performance report that describes progress toward achieving the objectives contained in the approved workplan and deliverables contained in this Contract to WorkforceCoAg(2dshs.texas.com and the assigned Contract Manager, 30 days after end of Contract period, using the template provided by System Agency. IV. INVOICE AND PAYMENT A. Grantee will request payment monthly using the State of Texas Purchase Voucher (Form B-13) and acceptable supporting documentation for reimbursement of the required services/deliverables. The Grantee will submit the Financial Status Report(FSR-269A). Vouchers, supporting documentation, and Financial Status Reports 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: invoices2dshs.texas.gov & CMSInvoices2dshs.texas.gov& cc your contract manager. B-13s and supporting documentation should be sent to: invoices e,dshs.texas.gov & CMSInvoices2dshs.texas.gov & cc your contract manager. FSRs should be sent to: FSRGrants2dshs.texas.gov & CMSInvoices2dshs.texas.gov& cc your contract manager. s Page 3 of 4 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A ATTACHMENT A STATEMENT OF WORK COVID-19—Public Health Workforce Expansion B. Grantee will be reimbursed monthly and in accordance with Attachment B, Budget. Reimbursement shall be subject to the submission of required and appropriate documentation, and in accordance with applicable law and governing regulations. Page 4 of 4 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A Attachment B Budget Budget Categories DSHS Funding Personnel $916,312 Fringe Benefits $416,647 Travel $0 Equipment $0 Supplies $1,041 Contractual $0 Other $0 Total Direct Costs $1,334,000 Indirect Cost Rate Amount $216,000 Contract Total $1,550,000 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A Attachment C Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION 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 - 1 - Department of State Health Services Form 4734—June 2013 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A Attachment C 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 senior 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 section 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 Gan t:400000,Todd Platt:300000, Sally Tom:300000 Provide compensation information here: - 2 - Department of State Health Services Form 4734—June 2013 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A TEXAS Health and Human Services Health and Human Services (HHS) Uniform Terms and Conditions - Governmental Entity Version 3.0 Published and Effective - March 1 , 2020 Responsible Office: Chief Counsel Health and Human Services Uniform Terms and Condition—Governmental Entity V.3.0—March 1,2020 Page 1 of 22 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A Table of Contents ARTICLE L DEFINITIONS AND INTERPRETIVE PROVISIONS .........................................................................5 1.1 DEFINITIONS......................................................................................................................5 1.2 INTERPRETIVE PROVISIONS..............................................................................................7 ARTICLE II. PAYMENT PROVISIONS................................................................................................................8 2.1 PROMPT PAYMENT............................................................................................................8 2.2 ANCILLARY AND TRAVEL EXPENSES................................................................................8 2.3 NO QUANTITY GUARANTEES............................................................................................8 2.4 TAXES ................................................................................................................................8 ARTICLE III.STATE AND FEDERAL FUNDING................................................................................................8 3.1 EXCESS OBLIGATIONS PROHIBITED.................................................................................8 3.2 NO DEBT AGAINST THE STATE.........................................................................................8 3.3 DEBT AND DELINQUENCIES...............................................................................................9 3.4 REFUNDS AND OVERPAYMENTS........................................................................................9 ARTICLE IV.WARRANTY,AFFIRMATIONS,ASSURANCES,AND CERTIFICATIONS....................................9 4.1 WARRANTY........................................................................................................................9 4.2 GENERAL AFFIRMATIONS.................................................................................................9 4.3 FEDERAL ASSURANCES ...................................................................................................10 4.4 FEDERAL CERTIFICATIONS.............................................................................................10 ARTICLE V.INTELLECTUAL PROPERTY........................................................................................................10 5.1 OWNERSHIP OF WORK PRODUCT...................................................................................10 5.2 PERFORMING AGENCY'S PRE-EXISTING WORKS...........................................................11 5.3 THIRD PARTY IP..............................................................................................................11 5.4 AGREEMENTS WITH EMPLOYEES AND SUBCONTRACTORS...........................................11 5.5 DELIVERY UPON TERMINATION OR EXPIRATION..........................................................11 5.6 SURVIVAL.........................................................................................................................12 5.7 SYSTEM AGENCY DATA...................................................................................................12 ARTICLEVI.PROPERTY..................................................................................................................................12 6.1 USE OF STATE PROPERTY...............................................................................................12 6.2 DAMAGE TO GOVERNMENT PROPERTY..........................................................................13 6.3 PROPERTY RIGHTS UPON TERMINATION OR EXPIRATION OF CONTRACT....................13 Health and Human Services Uniform Terms and Condition-Governmental Entity V.3.0-March 1,2020 Page 2 of 22 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A ARTICLE VII.RECORD RETENTION,AUDIT,AND CONFIDENTIALITY......................................................13 7.1 RECORD MAINTENANCE AND RETENTION.....................................................................13 7.2 AGENCY'S RIGHT TO AUDIT...........................................................................................13 7.3 RESPONSE/COMPLIANCE WITH AUDIT OR INSPECTION FINDINGS................................14 7.4 STATE AUDITOR'S RIGHT To AUDIT ..............................................................................14 7.5 CONFIDENTIALITY...........................................................................................................15 ARTICLE VIII.CONTRACT REMEDIES AND EARLY TERMINATION..........................................................15 8.1 CONTRACT REMEDIES.....................................................................................................15 8.2 TERMINATION FOR CONVENIENCE.................................................................................15 8.3 TERMINATION FOR CAUSE..............................................................................................15 8.4 PERFORMING AGENCY RESPONSIBILITY FOR TERMINATION COSTS............................16 ARTICLE IX.GENERAL PROVISIONS.............................................................................................................16 9.1 AMENDMENT ...................................................................................................................16 9.2 INSURANCE ......................................................................................................................16 9.3 LIMITATION ON AUTHORITY...........................................................................................16 9.4 LEGAL OBLIGATIONS......................................................................................................17 9.5 CHANGE IN LAWS AND COMPLIANCE WITH LAWS.........................................................17 9.6 E-VERIFY PROGRAM.......................................................................................................17 9.7 PERMITTING AND LICENSURE.........................................................................................17 9.8 SUBCONTRACTORS..........................................................................................................18 9.9 INDEPENDENT PERFORMING AGENCY............................................................................18 9.10 GOVERNING LAW AND VENUE........................................................................................18 9.11 SEVERABILITY.................................................................................................................18 9.12 SURVIVABILITY................................................................................................................18 9.13 FORCE MAJEURE.............................................................................................................19 9.14 DISPUTE RESOLUTION.....................................................................................................19 9.15 NO IMPLIED WAIVER OF PROVISIONS............................................................................19 9.16 MEDIA RELEASES............................................................................................................19 9.17 NO MARKETING ACTIVITIES ..........................................................................................20 9.18 PROHIBITION ON NON-COMPETE RESTRICTIONS...........................................................20 9.19 SOVEREIGN IMMUNITY....................................................................................................20 9.20 ENTIRE CONTRACT AND MODIFICATION.......................................................................20 9.21 COUNTERPARTS...............................................................................................................20 9.22 CIVIL RIGHTS..................................................................................................................20 Health and Human Services Uniform Terms and Condition-Governmental Entity V.3.0-March 1,2020 Page 3 of 22 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A 9.23 ENTERPRISE INFORMATION MANAGEMENT STANDARDS..............................................22 9.24 DISCLOSURE OF LITIGATION..........................................................................................22 9.25 NO THIRD-PARTY BENEFICIARIES .................................................................................22 9.26 BINDING EFFECT.............................................................................................................22 Health and Human Services Uniform Terms and Condition-Governmental Entity V.3.0-March 1,2020 Page 4 of 22 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A ARTICLE L 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. "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, purchase orders, or Work Orders that may be issued by the System Agency, to be incorporated by reference for all purposes. "Deliverable" means a Work Product(s), including all reports and project documentation, prepared, developed, or procured by Contractor as part of the Services under the Contract for the use or benefit of the System Agency or the State of Texas. "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. "Goods" means supplies, materials, or equipment. "Health and Human Services Commission" or"HHSC" means the administrative agency established under Chapter 531, Texas Government Code, or its designee. "Health and Human Services" or"HHS"includes the Department of State Health Services (DSHS), in addition to the Health and Human Services Commission. "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 rights 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 Health and Human Services Uniform Terms and Condition—Governmental Entity V.3.0—March 1,2020 Page 5 of 22 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A 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. "Parties" means the System Agency and Performing Agency,collectively. "paqy" means either the System Agency or Performing Agency,individually. "Performing Agency" means the State Agency providing the goods or services defined in this Contract. "Project" means the goods or Services described in the Signature Document or a Work Order of this Contract. "Receiving Agency" means the State agency receiving the benefit of the goods or services provided under this Contract. "Scope of Work" means the description of Services and Deliverables specified in the Contract and as may be amended. "Services" means the tasks, functions, and responsibilities assigned and delegated to Performing Agency under the Contract. "Signature Document"means the document executed by both Parties that specifically sets forth all of the documents that constitute the Contract. "Solicitation"means the document issued by the System Agency (including any published addenda, exhibits, and Attachments)under which the goods or Services provided under the Contract were initially requested,which is incorporated by reference for all purposes in its entirety. "Solicitation Response" means Performing Agency'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 TextraveT' means the State Travel Management Program through the Texas Comptroller of Public Accounts website and Texas Administrative Code, Title 34, Part 1, Chapter 5, Subchapter C, Section 5.22,relative to travel reimbursements under this Contract, if any. "Subcontract"means any written agreement between Performing Agency and a third party to fulfill the requirements of the Contract. All Subcontracts are required to be in writing. "Subcontractor" means any individual or entity that enters a contract with the Performing Agency to perform part or all of the obligations of Performing Agency under this Contract. "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. Health and Human Services Uniform Terms and Condition—Governmental Entity V.3.0—March 1,2020 Page 6 of 22 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A "Third Party IP"means the Intellectual Property Rights of any third party that is not a party to this Contract, and that is not a Subcontractor. "Work" means all Services to be performed, goods to be delivered, and any appurtenant actions performed, and items produced, conceived, or developed, including Deliverables. "Work Order"means an individually negotiated document that is executed by both Parties and which authorizes a Project, if any, in an indefinite quantity Contract. "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 Performing Agency in connection with Performing Agency's performance of its duties under the Contract or through use of any funding provided under this Contract. 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. Health and Human Services Uniform Terms and Condition—Governmental Entity V.3.0—March 1,2020 Page 7 of 22 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A ARTICLE IL PAYMENT PROVISIONS 2.1 PROMPT PAYMENT Payment shall be made in accordance with Chapter 2251 of the Texas Government Code, commonly known as the Texas Prompt Payment Act. Chapter 2251 of the Texas Government Code shall govern remittance of payment and remedies for late payment and non-payment. 2.2 ANCILLARY AND TRAVEL EXPENSES A. Except as otherwise provided in the Contract, no ancillary expenses incurred by the Performing Agency in connection with its provision of the Services or Deliverables will be reimbursed by the System Agency. Ancillary expenses include,but are not limited to costs associated with transportation, delivery, and insurance for each Deliverable. B. When the reimbursement of travel expenses is authorized by the Contract, all such expenses will be reimbursed in accordance with the rates set by the State of Texas Textravel available at the Texas Comptroller of Public Accounts State Travel Management Program website. 2.3 NO QUANTITY GUARANTEES The System Agency makes no guarantee of volume or usage of work under this Contract. All Work requested may be on an irregular and as needed basis throughout the Contract term. 2.4 TAXES Purchases made for State of Texas use are exempt from the State Sales Tax and Federal Excise Tax. Performing Agency represents and warrants that it shall pay all taxes or similar amounts resulting from the Contract, including, but not limited to, any federal, State, or local income, sales or excise taxes of Performing Agency or its employees. System Agency shall not be liable for any taxes resulting from the contract. ARTICLE III. STATE AND FEDERAL FUNDING 3.1 EXCESS OBLIGATIONS PROHIBITED The Contract is subject to termination or cancellation, without penalty to the System Agency, ether 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 Performing Agency'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 Performing Agency 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. Health and Human Services Uniform Terms and Condition—Governmental Entity V.3.0—March 1,2020 Page 8 of 22 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A 3.3 DEBT AND DELINQUENCIES Performing Agency 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 REFUNDS AND OVERPAYMENTS A . At its sole discretion, the System Agency may: i. withhold all or part of any payments to Performing Agency to offset overpayments, unallowable or ineligible costs made to the Performing Agency, or if any required financial status report(s) is not submitted by the due date(s); or, ii. require Performing Agency to promptly refund or credit - within thirty (30) calendar days of written notice - 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. Performing Agency 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. Performing Agency further understands and agrees that reimbursement of such disallowed costs shall be paid by Performing Agency from funds which were not provided or otherwise made available to Performing Agency under this Contract. ARTICLE IV.WARRANTY,AFFIRMATIONS,ASSURANCES, AND CERTIFICATIONS 4.1 WARRANTY Performing Agency warrants that all Work under this Contract shall be completed in a manner consistent with standards under the terms of this Contract, in the applicable trade, profession, or industry; shall conform to or exceed the specifications set forth in the Contract; and all Deliverables shall be fit for ordinary use,of good quality, and with no material defects. If System Agency, in its sole discretion, determines Performing Agency has failed to complete Work timely or to perform satisfactorily under conditions required by this Contract, the System Agency may require Performing Agency, at its sole expense, to: i. Repair or replace all defective or damaged Work; ii. Refund any payment Performing Agency received from System Agency for all defective or damaged Work and, in conjunction therewith, require Performing Agency to accept the return of such Work; and, iii. Take necessary action to ensure that Performing Agency's future perfonnance and Work conform to the Contract requirements. 4.2 GENERAL AFFIRMATIONS Performing Agency certifies that, to the extent General Affirmations are incorporated into the Contract under the Signature Document, the Performing Agency has reviewed the General Affirmations and that Performing Agency is in compliance with all requirements. Health and Human Services Uniform Terms and Condition—Governmental Entity V.3.0—March 1,2020 Page 9 of 22 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A 4.3 FEDERAL ASSURANCES Performing Agency certifies that, to the extent federal assurances are incorporated into the Contract under the Signature Document, the Performing Agency has reviewed the federal assurances and that Performing Agency is in compliance with all requirements. 4.4 FEDERAL CERTIFICATIONS Performing Agency certifies that, to the extent federal certifications are incorporated into the Contract under the Signature Document, the Performing Agency has reviewed the federal certifications and that Performing Agency is in compliance with all requirements. In addition, Performing Agency certifies that it is and shall remain in compliance with all applicable federal laws,rules, and regulations,as they may pertain to this Contract. ARTICLE V.INTELLECTUAL PROPERTY 5.1 OWNERSHIP OF WORK PRODUCT A. All right, title, and interest in the Work Product, including all Intellectual Property Rights therein, is exclusively owned by System Agency. Performing Agency and Performing Agency's employees will have no rights in or ownership of the Work Product or any other property of System Agency. B. 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, Performing Agency 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 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. C. Performing Agency agrees to execute all papers and to perform such other acts as System Agency may deem necessary to secure for System Agency or its designee the rights herein assigned. D. In the event that Performing Agency has any rights in and to the Work Product that cannot be assigned to System Agency, Performing Agency 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. E. The foregoing does not apply to Incorporated Pre-existing Works or Third Party IP that are incorporated in the Work Product by Performing Agency. Performing Agency shall provide System Agency access during normal business hours to all Vendor materials, premises, and computer files containing the Work Product. Health and Human Services Uniform Terms and Condition—Governmental Entity V.3.0—March 1,2020 Page 10 of 22 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A 5.2 PERFORMING AGENCY'S PRE-EXISTING WORKS A. To the extent that Performing Agency incorporates into the Work Product any works of Performing Agency that were created by Performing Agency or that Performing Agency acquired rights in prior to the Effective Date of this Contract("Incorporated Pre-existing Works"), Performing Agency retains ownership of such Incorporated Pre-existing Works. B. Performing Agency hereby grants to System Agency an irrevocable, perpetual, non- exclusive, royalty-free, transferable, worldwide right and license, with the right to sublicense, to use, reproduce, 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. C. Performing Agency represents,warrants, and covenants to System Agency that Performing Agency has all necessary right and authority to grant the foregoing license in the Incorporated Pre-existing Works to System Agency. 5.3 THIRD PARTY IP A. To the extent that any Third Party IP is included or incorporated in the Work Product by Performing Agency, Performing Agency hereby grants to System Agency, or shall obtain from the applicable third party for System Agency's benefit, the irrevocable, perpetual, non-exclusive, worldwide, royalty-free right and license, for System Agency's internal business purposes only, i. to use, reproduce, display, perform, distribute copies of, and prepare derivative works based upon such Third Party IP and any derivative works thereof embodied in or delivered to System Agency in conjunction with the Work Product, and ii. to authorize others to do any or all of the foregoing. B. Performing Agency shall obtain System Agency's advance written approval prior to incorporating any Third Party IP into the Work Product, and Performing Agency shall notify System Agency on delivery of the Work Product if such materials include any Third Party IP. C. Performing Agency shall provide System Agency all supporting documentation demonstrating Performing Agency's compliance with this Section 5.3, including without limitation documentation indicating a third party's written approval for Performing Agency to use any Third Party IP that may be incorporated in the Work Product. 5.4 AGREEMENTS WITH EMPLOYEES AND SUBCONTRACTORS Performing Agency shall have written, binding agreements with its employees and subcontractors that include provisions sufficient to give effect to and enable Performing Agency's compliance with Performing Agency's obligations under this Article V. 5.5 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, Performing Agency shall deliver to System Agency all completed, or partially completed,Work Product,including any Incorporated Pre-existing Works, and any and all versions thereof. Performing Agency's failure to timely deliver such Work Product is a material breach of the Contract. Performing Agency will not retain any copies of the Work Product or any documentation or other products or results of Performing Agency's activities under the Contract without the prior written consent of System Agency. Health and Human Services Uniform Terms and Condition—Governmental Entity V.3.0—March 1,2020 Page 11 of 22 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A 5.6 SURVIVAL The provisions and obligations of this Article V survive any termination or expiration of the Contract. 5.7 SYSTEM AGENCY DATA A. As between the Parties, all data and information acquired, accessed, or made available to Performing Agency by, through, or on behalf of System Agency or System Agency contractors, including all electronic data generated, processed, transmitted, or stored by Performing Agency in the course of providing data processing services in connection with Performing Agency's performance hereunder (the "System Agency Data"), is owned solely by System Agency. B. Performing Agency 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 Performing Agency to fulfill its obligations under the Contract or as authorized in advance in writing by System Agency. C. For the avoidance of doubt, Performing Agency 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. D. Performing Agency shall make System Agency Data available to System Agency, including to System Agency's designated vendors, as directed in writing by System Agency. The foregoing shall be at no cost to System Agency. E. Furthermore, the proprietary nature of Performing Agency's systems that process, store, collect, and/or transmit the System Agency Data shall not excuse Performing Agency's performance of its obligations hereunder. ARTICLE VI. PROPERTY 6.1 USE OF STATE PROPERTY A. Performing Agency is prohibited from using State Property for any purpose other than performing Services authorized under the Contract. B. State Property includes, but is not limited to, System Agency's office space, identification badges, System Agency information technology equipment and networks (e.g., laptops, portable printers, cell phones, iPads or tablets, external hard drives, data storage devices, any System Agency-issued software, and the System Agency Virtual Private Network (VPN client)), and any other resources of System Agency. C. Performing Agency shall not remove State Property from the continental United States. In addition, Performing Agency may not use any computing device to access System Agency's network or e-mail while outside of the continental United States. D. Performing Agency shall not perform any maintenance services on State Property unless the Contract expressly authorizes such Services. E. During the time that State Property is in the possession of Performing Agency,Performing Agency shall be responsible for: i. all repair and replacement charges incurred by State Agency that are associated with loss of State Property or damage beyond normal wear and tear, and Health and Human Services Uniform Terms and Condition—Governmental Entity V.3.0—March 1,2020 Page 12 of 22 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A ii. all charges attributable to Performing Agency's use of State Property that exceeds the Contract scope. Performing Agency shall fully reimburse such charges to System Agency within ten (10) calendar days of Performing Agency's receipt of System Agency's notice of amount due. Use of State Property for a purpose not authorized by the Contract shall constitute breach of contract and may result in termination of the Contract and the pursuit of other remedies available to System Agency under contract, at law, or in equity. 6.2 DAMAGE TO GOVERNMENT PROPERTY A. In the event of loss, destruction,or damage to any System Agency or State of Texas owned, leased, or occupied property or equipment by Performing Agency or Performing Agency's employees, agents, Subcontractors, and suppliers, Performing Agency shall be liable to System Agency and the State of Texas for the full cost of repair, reconstruction, or replacement of the lost, destroyed, or damaged property. B. Performing Agency shall notify System Agency of the loss, destruction, or damage of equipment or property within one (1) business day. Performing Agency shall reimburse System Agency and the State of Texas for such property damage within 10 calendar days after Performing Agency's receipt of System Agency's notice of amount due. 6.3 PROPERTY RIGHTS UPON TERMINATION OR EXPIRATION OF CONTRACT In the event the Contract is terminated for any reason, or upon its expiration State Property remains the property of the System Agency and must be returned to the System Agency by the end date of the Contract or upon System Agency's request. ARTICLE VII.RECORD RETENTION,AUDIT,AND CONFIDENTIALITY 7.1 RECORD MAINTENANCE AND RETENTION A. Performing Agency 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. B. Performing Agency shall maintain and retain legible copies of this Contract and all records relating to the performance of the Contract including supporting fiscal documents adequate to ensure that claims for contract funds are in accordance with applicable State of Texas requirements. These records shall be maintained and retained by Performing Agency for a minimum of seven(7)years after the Contract expiration date or seven (7)years after the completion of all audit, claim, litigation, or dispute matters involving the Contract are resolved, whichever is later. 7.2 AGENCY'S RIGHT TO AUDIT A. Performing Agency shall make available at reasonable times and upon reasonable notice, and for reasonable periods, work papers, reports, books, records, supporting documents kept current by Performing Agency pertaining to the Contract for purposes of inspecting, monitoring, auditing, or evaluating by System Agency and the State of Texas. Health and Human Services Uniform Terms and Condition—Governmental Entity V.3.0—March 1,2020 Page 13 of 22 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A B. In addition to any right of access arising by operation of law, Performing Agency and any of Performing Agency'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 Texas Attorney General's Office, and any successor agencies. Each of these entities may be a duly authorized authority. C. If deemed necessary by the System Agency or any duly authorized authority, for the purpose of investigation or hearing,Performing Agency shall produce original documents related to this Contract. D. 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. E. Performing Agency 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. Performing Agency 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 Performing Agency's or its Subcontractor's sole expense. Whether Performing Agency's action corrects the noncompliance shall be solely the decision of the System Agency. B. As part of the Services, Performing Agency must provide to System Agency upon request a copy of those portions of Performing Agency's and its Subcontractors' internal audit reports relating to the Services and Deliverables provided to the State under the Contract. 7.4 STATE AUDITOR'S RIGHT TO 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. The Performing Agency 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. Health and Human Services Uniform Terms and Condition—Governmental Entity V.3.0—March 1,2020 Page 14 of 22 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A 7.5 CONFIDENTIALITY Performing Agency 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 Data, System Agency's business activities, practices, systems, conditions and services. This section will survive termination or expiration of this Contract. The obligations of Performing Agency under this section will survive termination or expiration of this Contract. This requirement must be included in all subcontracts awarded by Performing Agency. ARTICLE VIII.CONTRACT REMEDIES AND EARLY TERMINATION 8.1 CONTRACT REMEDIES To ensure Performing Agency's full performance of the Contract and compliance with applicable law, the System Agency reserves the right to hold Performing Agency 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 Performing Agency to take specific actions in order to remain in compliance with the Contract; iii. recouping payments made by the System Agency to the Performing Agency found to be inerror; iv. suspending, limiting, or placing conditions on the Performing Agency's continued performance of Work; or v. imposing any other remedies, sanctions, or penalties authorized under this Contract or permitted by federal or state law. 8.2 TERMINATION FOR CONVENIENCE The System Agency may terminate the Contract, in whole or in part, 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 the System Agency's notice of termination. 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: 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 Performing Agency 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 Performing Agency's duties under the Contract. Performing Agency's misrepresentation in any aspect of Performing Agency's Solicitation Response,if any, or Performing Agency's addition to the System for Award Management(SAM)will also constitute a material breach of the Contract. Health and Human Services Uniform Terms and Condition—Governmental Entity V.3.0—March 1,2020 Page 15 of 22 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A 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 Performing Agency no longer maintains the financial viability required to complete the Work, or otherwise fully perform its responsibilities under the Contract. 8.4 PERFORMING AGENCY RESPONSIBILITY FOR SYSTEM AGENCY'S TERMINATION COSTS If the System Agency terminates the Contract for cause, the Performing Agency shall be responsible to the System Agency for all costs incurred by the System Agency and the State of Texas to replace the Performing Agency. These costs include, but are not limited to, the costs of procuring a substitute vendor and the cost of any claim or litigation attributable to Performing Agency's failure to perform any Work in accordance with the terms of the Contract. ARTICLE IX. GENERAL 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, Performing Agency 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. Performing Agency 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, Performing Agency 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, Performing Agency must produce renewal certificates for each type of coverage. B. These and all other insurance requirements under the Contract apply to both Performing Agency and its Subcontractors, if any. Performing Agency is responsible for ensuring its Subcontractors' compliance with all requirements. 9.3 LIMITATION ON AUTHORITY A. The authority granted to Performing Agency by the System Agency is limited to the terms of the Contract. B. Performing Agency shall not have any authority to act for or on behalf of the System Agency or the State of Texas except as expressly provided for in the Contract; no other authority,power, or use is granted or implied. Performing Agency may not incur any debt, obligation, expense, or liability of any kind on behalf of System Agency or the State of Texas. Health and Human Services Uniform Terms and Condition—Governmental Entity V.3.0—March 1,2020 Page 16 of 22 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A C. Performing Agency may not rely upon implied authority and is not granted authority under the Contract to: i. Make public policy on behalf of the System Agency; ii. Promulgate, amend, or disregard administrative regulations or program policy decisions made by State and federal agencies responsible for administration of a System Agency program; or iii. Unilaterally communicate or negotiate with any federal or state agency or the Texas Legislature on behalf of the System Agency regarding System Agency programs or the Contract. However, upon System Agency request and with reasonable notice from System Agency to the Performing Agency, the Performing Agency shall assist the System Agency in communications and negotiations regarding the Work under the Contract with state and federal governments. 9.4 LEGAL OBLIGATIONS Performing Agency 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. Performing Agency shall be deemed to have knowledge of all applicable laws and regulations and be deemed to understand them. 9.5 CHANGE IN LAWS AND COMPLIANCE WITH LAWS Performing Agency shall comply with all laws, regulations, requirements and guidelines applicable to a vendor providing services and products required by the Contract to the State of Texas, as these laws, regulations, requirements and guidelines currently exist and as amended throughout the term of the Contract. System Agency reserves the right, in its sole discretion, to unilaterally amend the Contract to incorporate any modifications necessary for System Agency's compliance, as an agency of the State of Texas, with all applicable state and federal laws, regulations, requirements and guidelines. 9.6 E-VERIFY PROGRAM Performing Agency certifies that for Contracts for Services, Performing Agency shall utilize the U.S. Department of Homeland Security's E-Verify system during the term of the Contract to determine the eligibility of: i. all persons employed by Performing Agency to perform duties within Texas; and ii. all persons, including subcontractors, assigned by the Performing Agency to perform Work pursuant to the Contract within the United States of America. 9.7 PERMITTING AND LICENSURE At Performing Agency's sole expense, Performing Agency 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 Performing Agency to provide the goods or Services required by this Contract. Performing Agency shall be responsible for payment of all taxes, assessments, fees, premiums,permits, and licenses required by law. Performing Agency shall be responsible for payment of any such government obligations not paid by its Subcontractors during performance of this Contract. Health and Human Services Uniform Terms and Condition—Governmental Entity V.3.0—March 1,2020 Page 17 of 22 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A 9.8 SUBCONTRACTORS Performing Agency may not subcontract any or all of the Work and/or obligations under the Contract without prior written approval of the System Agency. Subcontracts, if any, entered into by the Performing Agency shall be in writing and be subject to the requirements of the Contract. Should Performing Agency Subcontract any of the services required in the Contract, Performing Agency expressly understands and acknowledges that in entering into such Subcontract(s), System Agency is in no manner liable to any subcontractor(s) of Performing Agency. In no event shall this provision relieve Performing Agency of the responsibility for ensuring that the services performed under all Subcontracts are rendered in compliance with the Contract. 9.9 INDEPENDENT PERFORMING AGENCY Performing Agency and Performing Agency's employees, representatives, agents, Subcontractors, suppliers, and third-party service providers shall serve as independent Performing Agencies in providing the services under the Contract.Neither Performing Agency nor System Agency is an agent of the other and neither may make any commitments on the other party's behalf. Performing Agency 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 Performing Agency and System Agency. 9.10 GOVERNING LAW AND VENUE This 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 of the Contract is held to be illegal, invalid or unenforceable by a court of law or equity, such construction will not affect the legality, validity or enforceability of any other provision or provisions of this Contract. It is the intent and agreement of the Parties this Contract shall be deemed amended by modifying such provision to the extent necessary to render it valid, legal and enforceable while preserving its intent or, if such modification is not possible,by substituting another provision that is valid,legal and enforceable and that achieves the same objective. All other provisions of this Contract will continue in full force and effect. 9.12 SURVIVABILITY Expiration or termination of the Contract for any reason does not release Performing Agency 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. Health and Human Services Uniform Terms and Condition—Governmental Entity V.3.0—March 1,2020 Page 18 of 22 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A 9.13 FORCE MAJEURE Neither Performing Agency 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 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. If the Performing Agency's claim for breach of contract cannot be resolved informally with the System Agency,the claim shall be submitted to the negotiation process provided in Chapter 2260. To initiate the process, the Performing Agency shall submit written notice, as required by Chapter 2260,to the individual identified in the Contract for receipt of notices. Any informal resolution efforts shall in no way modify the requirements or toll the timing of the formal written notice of a claim for breach of contract required under §2260.051 of the Texas Government Code. Compliance by the Performing Agency with Chapter 2260 is a condition precedent to the filing of a contested case proceeding under Chapter 2260. B. The contested case process provided in Chapter 2260 is the Performing Agency's sole and exclusive process for seeking a remedy for an alleged breach of contract by the System Agency if the Parties are unable to resolve their disputes as described above. C. Notwithstanding any other provision of the Contract to the contrary, unless otherwise requested or approved in writing by the System Agency, the Performing Agency shall continue performance and shall not be excused from performance during the period of any breach of contract claim or while the dispute is pending. However,the Performing Agency may suspend performance during the pendency of such claim or dispute if the Performing Agency has complied with all provisions of Section 2251.051, Texas Government Code, and such suspension of performance is expressly applicable and authorized under that law. 9.15 NO IMPLIED WAIVER OF PROVISIONS The failure of the System Agency to object to or to take affirmative action with respect to any conduct of the Performing Agency 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. 9.16 MEDIA RELEASES A. Performing Agency shall not use System Agency's name, logo, or other likeness in any press release, marketing material, or other announcement without System Agency's prior written approval. System Agency does not endorse any vendor, commodity, or service. Performing Agency is not authorized to make or participate in any media releases or public announcements pertaining to this Contract or the Services to which they relate without Health and Human Services Uniform Terms and Condition—Governmental Entity V.3.0—March 1,2020 Page 19 of 22 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A System Agency's prior written consent, and then only in accordance with explicit written instruction from System Agency. B. Performing Agency may publish, at its sole expense, results of Performing Agency 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. 9.17 NO MARKETING ACTIVITIES Performing Agency is prohibited from using the Work for any Performing Agency 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 Performing Agency'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 Performing Agency as part of the Work. 9.18 PROHIBITION ON NON-COMPETE RESTRICTIONS Performing Agency 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. 9.19 SOVEREIGN IMMUNITY Nothing in the Contract shall 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. 9.20 ENTIRE CONTRACT AND MODIFICATION This 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. 9.21 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. 9.22 CIVIL RIGHTS A. Performing Agency shall comply with all applicable state and federal anti-discrimination laws, including: Health and Human Services Uniform Terms and Condition-Governmental Entity V.3.0-March 1,2020 Page 20 of 22 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A 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, el seq.); iv. Age Discrimination Act of 1975 (42 U.S.C. §6101, et seq.); v. Title IX of the Education Amendments of 1972 (20 U.S.C. §1681, et seq.); 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 Agreement. B. Performing Agency shall comply with all amendments to these 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 service or other benefit provided by Federal or State funding, or otherwise be subjected to discrimination. C. Performing Agency shall 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 Performing Agency 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. Civil rights laws require Performing Agency's to provide alternative methods for ensuring access to services for applicants and recipients who cannot express themselves fluently in English. Performing Agency shall take reasonable steps to provide services and information, both orally and in writing and electronically, in appropriate languages other than English, to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits, and activities. Performing Agency shall 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: hlt 2://hhscx.hhsc.texas.gov/system-support-services/civil-rights/publications D. Performing Agency shall comply with Section 504 of the Rehabilitation Act of 1973 and its implementing regulations at 28 CFR Subpart G § 42.503, and Americans with Disabilities Act of 1990 and its implementing regulations at 28 CFR Subpart B §35.130 which includes requiring Performing Agency to make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the Performing Agency can demonstrate that making the modifications would fundamentally alter the nature of the service,program, or activity. E. Performing Agency shall comply with federal regulations regarding equal treatment for faith-based organizations under 45 C.F.R. Part 87 or 7 C.F.R. Part 16, as applicable. Performing Agency shall not discriminate against clients or prospective clients on the basis of religion or religious belief, and shall provide written notice to beneficiaries of their rights. F. Upon request,Performing Agency shall provide the HHSC Civil Rights Office with copies of the Performing Agency's civil rights policies and procedures. G. Performing Agency 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 Health and Human Services Uniform Terms and Condition—Governmental Entity V.3.0—March 1,2020 Page 21 of 22 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A more than ten (10) calendar days after receipt of a complaint. This notice 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 Fax: (512) 438-5885. 9.23 ENTERPRISE INFORMATION MANAGEMENT STANDARDS Performing Agency shall conform to HHS standards for data management as described by the policies of the HHS Chief Data and Analytics Officer. These include, but are not limited to, standards for documentation and communication of data models, metadata, and other data definition methods that are required by HHS for ongoing data governance, strategic portfolio analysis, interoperability planning, and valuation of HHS System data assets. 9.24 DISCLOSURE OF LITIGATION A. The Performing Agency must disclose in writing to the contract manager assigned to this Contract any material civil or criminal litigation or indictment either threatened or pending involving the Performing Agency. "Threatened litigation" as used herein shall include governmental investigations and civil investigative demands. "Litigation" as used herein shall include administrative enforcement actions brought by governmental agencies. The Performing Agency must also disclose any material litigation threatened or pending involving Subcontractors, consultants, and/or lobbyists. For purposes of this section, "material"refers,but is not limited,to any action or pending action that a reasonable person knowledgeable in the applicable industry would consider relevant to the Work under the Contract or any development such a person would want to be aware of in order to stay fully apprised of the total mix of information relevant to the Work, together with any litigation threatened or pending that may result in a substantial change in the Performing Agency's financial condition. B. This is a continuing disclosure requirement; any litigation commencing after Contract Award must be disclosed in a written statement to the assigned contract manager within seven calendar days of its occurrence. 9.25 NO THIRD-PARTY BENEFICIARIES The Contract is made solely and specifically among and for the benefit of the Parties named herein and their respective successors and assigns, and no other person shall have any right, interest, or claims hereunder or be entitled to any benefits pursuant to or on account of the Contract as a third-party beneficiary or otherwise. 9.26 BINDING EFFECT The Contract shall inure to the benefit of, be binding upon, and be enforceable against, each Party and their respective permitted successors, assigns, transferees, and delegates. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Health and Human Services Uniform Terms and Condition—Governmental Entity V.3.0—March 1,2020 Page 22 of 22 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A HHS DATA USE AGREEMENT This Data Use Agreement("DUA"), effective as of the date the Base Contract into which it is incorporated is signed("Effective Date"), is entered into by and between a Texas Health and Human Services Enterprise agency ("HHS"), and the Contractor identified in the Base Contract, a political subdivision of the State of Texas ("CONTRACTOR"). ARTICLE 1. PURPOSE;APPLICABILITY;ORDER OF PRECEDENCE The purpose of this DUA is to facilitate creation, receipt, maintenance, use, disclosure or access to Confidential Information with CONTRACTOR, and describe CONTRACTOR's rights and obligations with respect to the Confidential Information.45 CFR 164.504(e)(1)-(3). 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 Business Associates 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 of the Effective Date of this DUA, if any provision of the Base Contract, including any General Provisions or Uniform Terms and Conditions, conflicts with this DUA,this DUA controls. ARTICLE 2. DEFINITIONS For the purposes of this DUA, capitalized, underlined terms have the meanings set forth in the following: Health Insurance Portability and Accountability Act of 1996,Public Law 104-191 (42 U.S.C. §1320d, et seq.) and regulations thereunder in 45 CFR Parts 160 and 164, including all amendments, regulations and guidance issued thereafter; The Social Security Act, including Section 1137 (42 U.S.C. §§ 1320b-7), Title XVI of the Act; The Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, 5 U.S.C. § 552a and regulations and guidance thereunder; Internal Revenue Code, Title 26 of the United States Code and regulations and publications adopted under that code, including IRS Publication 1075; OMB Memorandum 07-18; Texas Business and Commerce Code Ch. 521; Texas Government Code, Ch. 552, and Texas Government Code §2054.1125. In addition,the following terms in this DUA are defined as follows: "Authorized Purpose" means the specific purpose or purposes described in the Statement of Work of 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; HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page I of 15 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A (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. "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,for an Authorized Purpose,create,receive,maintain, use, disclose or have access to, 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 (herein "PHP'); (3) Sensitive Personal Information defined by Texas Business and Commerce Code Ch. 521; (4) Federal Tax Information; (5) Individually Identifiable Health Information as related to HIPAA, Texas HIPAA and Personal Identifying Information under the Texas Identity Theft Enforcement and Protection Act; (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. "Legally Authorized Representative"of the Individual, as defined by Texas law,including as provided in 45 CFR 435.923 (Medicaid); 45 CFR 164.502(g)(1) (HIPAA); Tex. Occ. Code § 151.002(6); Tex. H. & S. Code §166.164; and Estates Code Ch. 752. ARTICLE 3. CONTRACTOR'S DUTIES REGARDING CONFIDENTIAL INFORMATION 3.01 Obligations of CONTRACTOR CONTRACTOR agrees that: (A) CONTRACTOR will 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 any portion of the Confidential Information from being used in HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 2 of 15 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A a manner that is not expressly an Authorized Purpose under this DUA or as Required by 45 CFR 164.502(b)(1);45 CFR 164.514(d) (B) Except as Required by L CONTRACTOR will not disclose or allow access to any portion of the Confidential Information to any Person or other entity, other than Authorized User's Workforce or Subcontractors (as defined in 45 C.ER. 160.103) of CONTRACTOR who have completed training in confidentiality, privacy, security and the importance of promptly reporting any Event or Breach to CONTRACTOR's management,to carry out CONTRACTOR's obligations in connection with the Authorized Purpose. HHS, at its election, may assist CONTRACTOR in training and education on specific or unique HHS processes, systems and/or requirements. CONTRACTOR will produce evidence of completed training to HHS upon request. 45 C.F.R. 164.308(a)(5)(i); Texas Health & Safety Code§181.101 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 or offered under Texas Government Code Sec. 2054.519(f). (C) CONTRACTOR will 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 will maintain evidence of sanctions and produce it to HHS upon request.45 C.ER. 164.308(a)(1)(h)(C); 164.530(e); 164.410(b);164.530(b)(1) (D) CONTRACTOR will not, except as otherwise permitted by this DUA, disclose or provide access to any Confidential Information on the basis that such act is Required by Law without notifying either HHS or CONTRACTOR's own legal counsel to determine whether CONTRACTOR should object to the disclosure or access and seek appropriate relief. CONTRACTOR will maintain an accounting of all such requests for disclosure and responses and provide such accounting to HHS within 48 hours of HHS' request. 45 CFR 164.504(e)(2)(ii)(A) (E) CONTRACTOR will not attempt to re-identify or further identify Confidential Information or De-identified Information,or attempt to contact any Individuals whose records are contained in the Confidential Information, except for an Authorized Purpose, without express written authorization from HHS or as expressly permitted by the Base Contract. 45 CFR 164.502(d)(2)(i) and (h) CONTRACTOR will not engage in prohibited marketing or sale of Confidential Information. 45 CFR 164.501, 164.508(a)(3) and(4); Texas Health &Safety Code Ch. 181.002 (F) CONTRACTOR will not permit, or enter into any agreement with a Subcontractor to, create, receive, maintain, use, disclose, have access to or transmit Confidential Information to carry out CONTRACTOR's obligations in connection with the Authorized Purpose on behalf of CONTRACTOR, unless Subcontractor agrees to comply HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 3of15 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A with all applicable laws, rules and regulations. 45 CFR 164.502(e)(1)(ii); 164.504(e)(1)(i) and(2). (G) CONTRACTOR is directly responsible for compliance with,and enforcement of, all conditions for creation, maintenance, use, disclosure, transmission and Destruction of Confidential Information and the acts or omissions of Subcontractors as may be reasonably necessary to prevent unauthorized use. 45 CFR 164.504(e)(5);42 CFR 431.300, et seq. (H) If CONTRACTOR maintains PHI in a Designated Record Set which is Confidential Information and subject to this Agreement, CONTRACTOR will make PHI available to HHS in a Designated Record Set upon request.CONTRACTOR will provide PHI to an Individual, or Legally Authorized Representative of the Individual who is requesting PHI in compliance with the requirements of the HIPAA Privacy Regulations. CONTRACTOR will release PHI in accordance with the HIPAA Privacy Regulations upon receipt of a valid written authorization. CONTRACTOR will make other Confidential Information in CONTRACTOR's possession available pursuant to the requirements of HIPAA or other applicable law upon a determination of a Breach of Unsecured PHI as defined in HIPAA. CONTRACTOR will maintain an accounting of all such disclosures and provide it to HHS within 48 hours of HHS'request. 45 CFR 164.524and 164.504(e)(2)(ii)(E). (I) If PHI is subject to this Agreement, CONTRACTOR will make PHI as required by HIPAA available to HHS for review subsequent to CONTRACTOR's incorporation of any amendments requested pursuant to HIPAA. 45 CFR 164.504(e)(2)(ii)(E) and(F). (J) If PHI is subject to this Agreement,CONTRACTOR will document and make available to HHS the PHI required to provide access, an accounting of disclosures or amendment in compliance with the requirements of the HIPAA Privacy Regulations.45 CFR 164.504(e)(2)(ii)(G) and 164.528. (K) If CONTRACTOR receives a request for access, amendment or accounting of PHI from an individual with a right of access to information subject to this DUA, it will respond to such request in compliance with the HIPAA Privacy Regulations. CONTRACTOR will maintain an accounting of all responses to requests for access to or amendment of PHI and provide it to HHS within 48 hours of HHS' request. 45 CFR 164.504(e)(2). (L) CONTRACTOR will provide, and will cause its Subcontractors and agents to provide, to HHS periodic written certifications of compliance with controls and provisions relating to information privacy, security and breach notification, including without limitation information related to data transfers and the handling and disposal of Confidential Information. 45 CFR 164.308; 164.530(c); 1 TAC 202. (M) Except as otherwise limited by this DUA, the Base Contract, or law applicable to the Confidential Information, CONTRACTOR may use PHI for the proper management and administration of CONTRACTOR or to carry out CONTRACTOR's HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 4 of 15 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A legal responsibilities. Except as otherwise limited by this DUA, the Base Contract, or law applicable to the Confidential Information, CONTRACTOR may disclose PHI for the proper management and administration of CONTRACTOR, or to carry out CONTRACTOR's legal responsibilities, if: 45 CFR 164.504(e)(4)(A). (1) Disclosure is Required by Law,provided that CONTRACTOR complies with Section 3.01(D); or (2) CONTRACTOR obtains reasonable assurances from the person or entity to which the information is disclosed that the person or entity will: (a)Maintain the confidentiality of the Confidential Information in accordance with this DUA; (b) 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 (c)Notify CONTRACTOR in accordance with Section 4.01 of any Event or Breach of Confidential Information of which the Person discovers or should have discovered with the exercise of reasonable diligence. 45 CFR I 64.504(e)(4)(ii)(B). (N) Except as otherwise limited by this DUA, CONTRACTOR will, if required by law and requested by HHS,use commercially reasonable efforts to use PHI to provide data aggregation services to HHS, as that term is defined in the HIPAA, 45 C.F.R. §164.501 and permitted by HIPAA. 45 CFR 164.504(e)(2)(i)(B) (0) CONTRACTOR will, on the termination or expiration of this DUA or the Base Contract, at its expense, send to HHS or Destroy, at HHS's election and to the extent reasonably feasible and permissible by law, all Confidential Information received from HHS or created or maintained by CONTRACTOR or any of CONTRACTOR's agents or Subcontractors on HHS's behalf if that data contains Confidential Information. CONTRACTOR will certify in writing to HHS that all the Confidential Information that has been created, received, maintained, used by or disclosed to CONTRACTOR, has been Destroye or sent to HHS, and that CONTRACTOR and its agents and Subcontractors have retained no copies thereof. Notwithstanding the foregoing, HHS acknowledges and agrees that CONTRACTOR is not obligated to send to HHSC and/or Destroy any Confidential Information if federal law, state law, the Texas State Library and Archives Commission records retention schedule, and/or a litigation hold notice prohibit such delivery or Destruction.If such delivery or Destruction is not reasonably feasible, or is impermissible by law, CONTRACTOR will immediately notify HHS of the reasons such delivery or Destruction is not feasible, and agree to extend indefinitely the protections of this DUA to the Confidential Information and limit its further uses and disclosures to the purposes that make the return delivery or Destruction of the Confidential Information not feasible for as long as CONTRACTOR maintains such Confidential Information. 45 CFR 164.504(e)(2)(ii)(J) HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 5of15 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A (P) CONTRACTOR will create, maintain, 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. 45 CFR 164.306;164.530(c) (Q) If CONTRACTOR accesses, transmits, stores, and/or maintains Confidential Information, CONTRACTOR will complete and return to HHS at infosecurity@hhsc.state.tx.us the HHS information security and privacy initial inquiry (SPI) at Attachment 1 . The SPI identifies basic privacy and security controls with which CONTRACTOR must comply to protect HHS Confidential Information. CONTRACTOR will 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 security controls will be based on the National Institute of Standards and Technology (NIST) Special Publication 800-53. CONTRACTOR will update its security controls assessment whenever there are significant changes in security controls for HHS Confidential Information and will provide the updated document to HHS. HHS also reserves the right to request updates as needed to satisfy state and federal monitoring requirements. 45 CFR 164.306. (R) CONTRACTOR will establish, implement and maintain reasonable procedural, administrative, physical and technical safeguards to preserve and maintain the confidentiality,integrity, and availability of the Confidential Information, and with respect to PHI, as described in the HIPAA Privacy and Security Regulations, or other 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. 45 CFR 164.308 (administrative safeguards); 164.310 (physical safeguards); 164.312 (technical safeguards); I 64.530(c)(privacy safeguards). (S) CONTRACTOR will designate and identify, a Person or Persons, as Privacy Official 45 CFR 164.530(a)(1)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 will 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. If such persons fail to develop and implement the requirements of the DUA, CONTRACTOR will replace them upon HHS request. 45 CFR 164.308(a)(2). (T) CONTRACTOR represents and warrants 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 pursuant to this DUA and the Base Contract, and further, that each has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information contained in this DUA. 45 CFR 164.502;164.514(d). HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 6 of 15 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A (U) CONTRACTOR and its Subcontractors will maintain an updated, complete, accurate and numbered list of Authorized Users, their signatures, titles and the date they agreed to be bound by the terms of this DUA, at all times and supply it to HHS, as directed, upon request. (V) CONTRACTOR will implement, update as necessary, and document reasonable and appropriate policies and procedures for privacy, security and Breach of Confidential Information and an incident response plan for an Event or Breach, to comply with the privacy, security and breach notice requirements of this DUA prior to conducting work under the Statement of Work. 45 CFR 164.308; 164.316;164.514(d);164.530(i)(1). (W) CONTRACTOR will produce copies of its information security and privacy policies and procedures and records relating to the use or disclosure of Confidential Information received from, created by, or received,used or disclosed by CONTRACTOR for an Authorized Purpose for HHS's review and approval within 30 days of execution of this DUA and upon request by HHS the following business day or other agreed upon time frame. 45 CFR 164.308;164.514(d). (X) CONTRACTOR will make available to HHS any information HHS requires to fulfill HHS's obligations to provide access to, or copies of,PHI in accordance with HIPAA and other applicable laws and regulations relating to Confidential Information. CONTRACTOR will provide such information in a time and manner reasonably agreed upon or as designated by the Secretary of the U.S. Department of Health and Human Services, or other federal or state law. 45 CFR 164.504(e)(2)(i)(1). (Y) CONTRACTOR will only conduct secure transmissions of Confidential Information whether in paper, oral or electronic form, in accordance with applicable rules, regulations and laws.A secure transmission of electronic Confidential Information in motion includes, but is not limited to, Secure File Transfer Protocol (SFTP) or Encryption at an appropriate level. If required by rule,regulation or law,HHS Confidential Information at rest requires Encryption unless there is other adequate administrative, technical, and physical security.All electronic data transfer and communications of Confidential Information will be through secure systems. Proof of system,media or device security and/or Encryption must be produced to HHS no later than 48 hours after HHS's written request in response to a compliance investigation,audit or the Discovery of an Event or Breach. Otherwise,requested production of such proof will be made as agreed upon by the parties.De-identification of HHS Confidential Information is a means of security. With respect to de-identification of PHI, "secure"means de-identified according to HIPAA Privacy standards and regulatory guidance. 45 CFR 164.312;164.530(d). (Z) For each type of Confidential Information CONTRACTOR creates,receives, maintains,uses, discloses,has access to or transmits in the performance of the Statement of Work, CONTRACTOR will comply with the following laws rules and regulations, only to the extent applicable and required by law: • Title 1, Part 10, Chapter 202, Subchapter B, Texas Administrative Code; HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 7 of 15 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A • The Privacy Act of 1974; • OMB Memorandum 07-16; • The Federal Information Security Management Act of 2002 (FISMA); • The Health Insurance Portability and Accountability Act of 1996 (HIPAA) as defined in the DUA; • 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; • 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; and Any other State or Federal law,regulation, or administrative rule relating to the specific HHS program area that CONTRACTOR supports on behalf of HHS. (AA) Notwithstanding anything to the contrary herein, CONTRACTOR will treat any Personal Identifying Information it creates,receives,maintains,uses,transmits,destroys and/or discloses in accordance with Texas Business and Commerce Code, Chapter 521 and other applicable regulatory standards identified in Section 3.01(Z), and Individually Identifiable Health Information CONTRACTOR creates, receives, maintains, uses, transmits, destroys and/or discloses in accordance with HIPAA and other applicable regulatory standards identified in Section 3.01(Z). ARTICLE 4. BREACH NOTICE,REPORTING AND CORRECTION REQUIREMENTS 4.01 Breach or Event Notification to HHS. 45 CFR 164.400-414. HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 8 of 15 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A (A) CONTRACTOR will cooperate fully with HHS in investigating,mitigating to the extent practicable and issuing notifications directed by HHS, for any Event or Breach of Confidential Information to the extent and in the manner determined by HHS. (B) CONTRACTOR'S obligation begins at the Discovery of an Event or Breach and continues as long as related activity continues,until all effects of the Event are mitigated to HHS's reasonable satisfaction (the "incident response period"). 45 CFR 164.404. (C) Breach Notice: (1) Initial Notice. (a) For federal information, including without limitation, Federal Tax Information, Social Security Administration Data, and Medicaid Client Information, within the first, consecutive clock hour of Discovery, and for all other types of Confidential Information not more than 24 hours after Discovery,or in a timeframe otherwise approved by HHS in writing,initially report to HHS's Privacy and Security Officers via email at: privacy@HHSC.state.tx.us and to the HHS division responsible for this DUA; and IRS Publication 1075; Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, 5 U.S.C. § 552a; OMB Memorandum 07-16 as cited in HHSC-CMS Contracts for information exchange. (b) Report all information reasonably available to CONTRACTOR about the Event or Breach of the privacy or security of Confidential Information. 45 CFR 164.410. (c) Name, and 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. (2) Formal Notice. No later than two business days after the Initial Notice above, provide formal notification to privacy@HHSC.state.tx.us and to the HHS division responsible for this DUA, including all reasonably available information about the Event or Breach, and CONTRACTOR's investigation, including without limitation and to the extent available:For(a) - (m)below:45 CFR 164.400-414. (a) The date the Event or Breach occurred; (b) The date of CONTRACTOR's and, if applicable, Subcontractor's Discovery; (c) A brief description of the Event or Breach; including how it occurred and who is responsible(or hypotheses, if not yet determined); HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 9 of 15 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A (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, to the extent known or can be reasonably determined by CONTRACTOR at that time; (g) CONTRACTOR's initial risk assessment of the Event or 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 without limitation 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); 0) The steps CONTRACTOR has taken, or will take, to prevent or reduce the likelihood of recurrence of a similar Event or Breach; (k) Identify, describe or estimate the Persons, Workforce, Subcontractor,or Individuals and any law enforcement that may be involved in the Event or Breach; (1) A reasonable schedule for CONTRACTOR to provide regular updates during normal business hours to the foregoing in the future for response to the Event or Breach, but no less than every three (3) business days or as otherwise directed by HHS, 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 HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 10 of 15 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A (m) Any reasonably available,pertinent information,documents or reports related to an Event or Breach that HHS requests following Discovery. 4.02 Investigation,Response and Mitigation.45 CFR 164.308,310 and 312; 164.530 (A) CONTRACTOR will immediately conduct a full and complete investigation, respond to the Event or Breach, commit necessary and appropriate staff and resources to expeditiously respond, and report as required to and by HHS for incident response purposes and for purposes of HHS's compliance with report and notification requirements, to the reasonable satisfaction of HHS. (B) CONTRACTOR will complete or participate in a risk assessment as directed by HHS following an Event or Breach, and provide the final assessment, corrective actions and mitigations to HHS for review and approval. (C) CONTRACTOR will fully cooperate with HHS to respond to inquiries and/or proceedings by state and federal authorities, Persons and/or Individuals about the Event or Breach. (D) CONTRACTOR will fully cooperate with HHS's efforts to seek appropriate injunctive relief or otherwise prevent or curtail such Event or 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. 4.03 Breach Notification to Individuals and Reporting to Authorities. Tex. Bus. & Comm. Code §521.053; 45 CFR 164.404 (Individuals), 164.406 (Media); 164.408 (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 shall give HHS an opportunity to review and provide feedback to CONTRACTOR and to confirm that CONTRACTOR's notice meets all regulatory requirements regarding 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. HHS shall have ten (10)business days to provide said feedback to CONTRACTOR. 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, if required by applicable law, rule, or regulation,for the Individual to obtain additional information. (C) CONTRACTOR will provide HHS with copies of distributed and approved communications. HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page I I of 15 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A (D) CONTRACTOR will have the burden of demonstrating to the reasonable satisfaction of HHS that any notification required by HHS was timely made.If there are delays outside of CONTRACTOR's control,CONTRACTOR will provide written documentation of the reasons for the delay. (E) If HHS delegates notice requirements to CONTRACTOR, 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 and reports. ARTICLE 5. STATEMENT OF WORK "Statement of Work" means the services and deliverables to be performed or provided by CONTRACTOR, or on behalf of CONTRACTOR by its Subcontractors or agents for HHS that are described in detail in the Base Contract. The Statement of Work, including any future amendments thereto, is incorporated by reference in this DUA as if set out word-for-word herein. ARTICLE 6. GENERAL PROVISIONS 6.01 Oversight of Confidential Information CONTRACTOR acknowledges and agrees that HHS is entitled to oversee and monitor CONTRACTOR's access to and creation,receipt,maintenance,use, disclosure of the Confidential Information to confirm that CONTRACTOR is in compliance with this DUA. 6.02 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. 6.03 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 or the Office of the Attorney General of Texas, outside consultants or legal counsel or other designee. 6.04 Term; Termination of DUA; Survival This DUA will be effective on the date on which CONTRACTOR executes the DUA, and will terminate upon termination of the Base Contract and as set forth herein. If the Base Contract is extended or amended, this DUA shall be extended or amended concurrent with such extension or amendment. HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 12 of 15 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A (A) HHS may immediately terminate this DUA and Base Contract upon a material violation of this DUA. (B) Termination or Expiration of this DUA will not relieve CONTRACTOR of its obligation to return or Destroy the Confidential Information as set forth in this DUA and to continue to safeguard the Confidential Information until such time as determined by HHS. (C) 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 Texas. Before exercising any of these options, HHS will provide written notice to CONTRACTOR describing the violation,the requested corrective action CONTRACTOR may take to cure the alleged violation, and the action HHS intends to take if the alleged violated is not timely cured by CONTRACTOR. (D) If neither termination nor cure is feasible,HHS shall report the violation to the Secretary of the U.S. Department of Health and Human Services. (E) 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. 6.05 Governing Law,Venue and Litigation (A) The validity,construction and performance of this DUA and the legal relations among the Parties to this DUA will be governed by and construed in accordance with the laws of the State of Texas. (B) The Parties agree that the courts of Texas,will be the exclusive venue for any litigation, special proceeding or other proceeding as between the parties that may be brought, or arise out of, or in connection with, or by reason of this DUA. 6.06 Injunctive Relief HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 13of15 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A (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. 6.07 Responsibility. To the extent permitted by the Texas Constitution, laws and rules, and without waiving any immunities or defenses available to CONTRACTOR as a governmental entity, CONTRACTOR shall be solely responsible for its own acts and omissions and the acts and omissions of its employees, directors, officers, Subcontractors and agents. HHS shall be solely responsible for its own acts and omissions. 6.08 Insurance (A) As a governmental entity, and in accordance with the limits of the Texas Tort Claims Act, Chapter 101 of the Texas Civil Practice and Remedies Code, CONTRACTOR either maintains commercial insurance or self-insures with policy limits in an amount sufficient to cover CONTRACTOR's liability arising under this DUA. CONTRACTOR will request that HHS be named as an additional insured. HHSC reserves the right to consider alternative means for CONTRACTOR to satisfy CONTRACTOR's financial responsibility under this DUA.Nothing herein shall relieve CONTRACTOR of its financial obligations set forth in this DUA if CONTRACTOR fails to maintain insurance. (B) CONTRACTOR will provide HHS with written proof that required insurance coverage is in effect, at the request of HHS. 6.08 Fees and Costs Except as otherwise specified in this DUA or the Base Contract, if any legal action or other proceeding is brought for the enforcement of this DUA, or because of an alleged dispute, contract violation, Event, Breach, default, misrepresentation, or injunctive action, in connection with any of the provisions of this DUA, each party will bear their own legal expenses and the other cost incurred in that action or proceeding. 6.09 Entirety of the Contract This DUA is incorporated by reference into the Base Contract as an amendment thereto 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 HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 14 of 15 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A enforced. If any provision of the Base Contract, including any General Provisions or Uniform Terms and Conditions, conflicts with this DUA, this DUA controls. 6.10 Automatic Amendment and Interpretation If there is (i) a change in any law, regulation or rule, state or federal, applicable to HIPPA and/or Confidential Information, or(ii) any change in the judicial or administrative interpretation of any such law,regulation or rule„ upon the effective date of such change, this DUA shall be deemed to have been automatically amended, interpreted and read so that the obligations imposed on HHS and/or CONTRACTOR remain in compliance with such changes. Any ambiguity in this DUA will be resolved in favor of a meaning that permits HHS and CONTRACTOR to comply with HIPAA or any other law applicable to Confidential Information. HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 15of15 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A OMB Number:4040-0007 Expiration Date:02/28/2022 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: 1. Has the legal authority to apply for Federal assistance Act of 1973, as amended (29 U.S.C. §794),which and the institutional, managerial and financial capability prohibits discrimination on the basis of handicaps; (d) (including funds sufficient to pay the non-Federal share the Age Discrimination Act of 1975, as amended (42 U. of project cost)to ensure proper planning, management S.C. §§6101-6107),which prohibits discrimination on and completion of the project described in this the basis of age; (e)the Drug Abuse Office and application. Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug 2. Will give the awarding agency, the Comptroller General abuse; (f)the Comprehensive Alcohol Abuse and of the United States and, if appropriate, the State, Alcoholism Prevention, Treatment and Rehabilitation through any authorized representative, access to and Act of 1970 (P.L. 91-616), as amended, relating to the right to examine all records, books, papers, or nondiscrimination on the basis of alcohol abuse or documents related to the award; and will establish a alcoholism; (g)§§523 and 527 of the Public Health proper accounting system in accordance with generally Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 accepted accounting standards or agency directives. ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h)Title VIII of the Civil 3. Will establish safeguards to prohibit employees from Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as using their positions for a purpose that constitutes or amended, relating to nondiscrimination in the sale, presents the appearance of personal or organizational rental or financing of housing; (i)any other conflict of interest, or personal gain. nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being 4. Will initiate and complete the work within the applicable made; and, Q)the requirements of any other time frame after receipt of approval of the awarding nondiscrimination statute(s)which may apply to the agency. application. 5. Will comply with the Intergovernmental Personnel Act of 7. Will comply,or has already complied,with the 1970 (42 U.S.C. §§4728-4763) relating to prescribed requirements of Titles II and III of the Uniform standards for merit systems for programs funded under Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646)which provide for one of the 19 statutes or regulations specified in fair and equitable treatment of persons displaced or Appendix A of OPM's Standards for a Merit System of whose property is acquired as a result of Federal or Personnel Administration (5 C.F.R. 900, Subpart F). federally-assisted programs.These requirements apply to all interests in real property acquired for 6. Will comply with all Federal statutes relating to project purposes regardless of Federal participation in nondiscrimination. These include but are not limited to: purchases. (a)Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color 8. Will comply, as applicable,with provisions of the or national origin; (b)Title IX of the Education Hatch Act(5 U.S.C. §§1501-1508 and 7324-7328) Amendments of 1972, as amended (20 U.S.C.§§1681- which limit the political activities of employees whose 1683, and 1685-1686),which prohibits discrimination on principal employment activities are funded in whole the basis of sex; (c)Section 504 of the Rehabilitation or in part with Federal funds. Previous Edition Usable Standard Form 4248(Rev.7-97) Authorized for Local Reproduction Prescribed by OMB Circular A-1 02 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A 9. Will comply, as applicable,with the provisions of the Davis- 13. Will assist the awarding agency in assuring compliance Bacon Act(40 U.S.C. §§276a to 276a-7), the Copeland Act with Section 106 of the National Historic Preservation (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Act of 1966, as amended (16 U.S.C. §470), EO 11593 Work Hours and Safety Standards Act(40 U.S.C. §§327- (identification and protection of historic properties), and 333), regarding labor standards for federally-assisted the Archaeological and Historic Preservation Act of construction subagreements. 1974 (16 U.S.C. §§469a-1 et seq.). 10. Will comply, if applicable,with flood insurance purchase 14. Will comply with P.L. 93-348 regarding the protection of requirements of Section 102(a)of the Flood Disaster human subjects involved in research, development, and Protection Act of 1973 (P.L. 93-234)which requires related activities supported by this award of assistance. recipients in a special flood hazard area to participate in the 15 Will comply with the Laboratory Animal Welfare Act of program and to purchase flood insurance if the total cost of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et insurable construction and acquisition is$10,000 or more. seq.) pertaining to the care, handling, and treatment of 11. Will comply with environmental standards which may be warm blooded animals held for research, teaching, or prescribed pursuant to the following: (a) institution of other activities supported by this award of assistance. environmental quality control measures under the National 16. Will comply with the Lead-Based Paint Poisoning Environmental Policy Act of 1969 (P.L. 91-190)and Prevention Act(42 U.S.C. §§4801 et seq.)which Executive Order(EO) 11514; (b) notification of violating prohibits the use of lead-based paint in construction or facilities pursuant to EO 11738; (c) protection of wetlands rehabilitation of residence structures. pursuant to EO 11990; (d)evaluation of flood hazards in floodplains in accordance with EO 11988; (e)assurance of 17. Will cause to be performed the required financial and project consistency with the approved State management compliance audits in accordance with the Single Audit program developed under the Coastal Zone Management Act Amendments of 1996 and OMB Circular No.A-133, Act of 1972 (16 U.S.C. §§1451 et seq.); (f)conformity of "Audits of States, Local Governments, and Non-Profit Federal actions to State (Clean Air) Implementation Plans Organizations." under Section 176(c)of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of 18. Will comply with all applicable requirements of all other underground sources of drinking water under the Safe Federal laws,executive orders, regulations, and policies Drinking Water Act of 1974, as amended (P.L. 93-523); governing this program. and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 19. Will comply with the requirements of Section 106(g)of 205). the Trafficking Victims Protection Act(TVPA)of 2000, as amended (22 U.S.C. 7104)which prohibits grant award 12. Will comply with the Wild and Scenic Rivers Act of recipients or a sub-recipient from(1) Engaging in severe 1968 (16 U.S.C. §§1271 et seq.) related to protecting forms of trafficking in persons during the period of time components or potential components of the national that the award is in effect(2) Procuring a commercial wild and scenic rivers system. sex act during the period of time that the award is in effect or(3) Using forced labor in the performance of the award or subawards under the award. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE ealth Director APPLICANT ORGANIZATION DATE SUBMITTED Standard Form 424B(Rev.7-97)Back DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A HEALTH AND HUMAN SERVICES Contract Number HHS001076700001 EXHIBIT/ATTACHMENT G. 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. Health and Human Services Contract Affirmations v. 1.8 Effective June 2021 Page 1 of 11 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A 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 Health and Human Services Contract Affirmations v. 1.8 Effective June 2021 Page 2 of 11 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A 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. 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. Health and Human Services Contract Affirmations v. 1.8 Effective June 2021 Page 3 of 11 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A 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. Health and Human Services Contract Affirmations v. 1.8 Effective June 2021 Page 4 of 11 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A 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/ Health and Human Services Contract Affirmations v. 1.8 Effective June 2021 Page 5 of 11 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A All reports made to the OIG must be made through one of the following avenues: • OIG Toll Free Hotline 1-800-436-6184 • OIG Website: ReportTexasFraud.com • Internal Affairs Email: InternalAffalrsReferral@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 pe@ry 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. Health and Human Services Contract Affirmations v. 1.8 Effective June 2021 Page 6 of 11 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A 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. Health and Human Services Contract Affirmations v. 1.8 Effective June 2021 Page 7 of 11 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A 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. Health and Human Services Contract Affirmations v. 1.8 Effective June 2021 Page 8 of 11 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A 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. COVID-19 Vaccine Passports Contractor represents and warrants that it is in compliance with Section 161.0085(c) of the Texas Health and Safety Code and eligible, pursuant to that section, to receive a grant or enter into a contract payable with state funds. 41. 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. 42. 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. 43. 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. 44. 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. 45. Equal Employment Opportunity Contractor represents and warrants its compliance with all applicable duly enacted state and federal laws governing equal employment opportunities. Health and Human Services Contract Affirmations v. 1.8 Effective June 2021 Page 9 of 11 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A 46. 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). 47. 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. Signature Page Follows Health and Human Services Contract Affirmations v. 1.8 Effective June 2021 Page 10 of 11 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A 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 Annette Rodriguez MPH Health Director Printed Name of Authorized Representative Title of Authorized Representative First,Middle Name or Initial, and Last Name 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 Health and Human Services Contract Affirmations v. 1.8 Effective June 2021 Page 11 of 11 DvcuSign Certificate Of Completion Envelope Id: C575EDBBBBBB4ED7A9BF5F8EO5E4FA6A Status: Sent Subject: HHS001076700001, Corpus County Public Health District(CITY), Base Contract Source Envelope: Document Pages:62 Signatures: 0 Envelope Originator: Certificate Pages:5 Initials:0 CMS Internal Routing Mailbox AutoNav: Enabled 11493 Sunset Hills Road Envelopeld Stamping: Enabled #100 Time Zone: (UTC-06:00)Central Time(US&Canada) Reston,VA 20190 CMS.InternalRouting@dshs.texas.gov IP Address: 160.42.85.9 Record Tracking Status: Original Holder: CMS Internal Routing Mailbox Location: DocuSign 8/2/2021 2:38:32 PM CMS.InternalRouting@dshs.texas.gov Signer Events Signature Timestamp Annette Rodriguez MPH Sent:8/4/2021 11:47:40 AM AnnetteR@cctexas.com Viewed:8/16/2021 6:05:02 PM Health Director Corpus Christi-Nueces County Public Health District Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:8/16/2021 6:05:02 PM ID:b662c7e0-b6f5-4b00-809b-b87f393b9f77 Annette Rodriguez MPH Sent:8/2/2021 3:51:57 PM AnnetteR@cctexas.com Viewed:8/2/2021 4:10:52 PM Health Director Corpus Christi-Nueces County Public Health District Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:8/2/2021 4:10:52 PM ID:2ba92c6d-35d2-4139-9ad5-65de2266d1ed Helen Whittington helen.whittington@dshs.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:8/16/2021 3:46:48 PM ID: l c6048c3-1 b24-4f2f-bb4f-47l d774051 ce Patty Melchior Patty.Melchior@dshs.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:8/16/2021 3:30:39 PM ID:20af20e7-7771-4fc0-aOeb-e119eded82b9 Kirk Cole Kirk.Cole@dshs.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:8/16/2021 8:07:57 AM ID:89ca58ab-42f6-40cb-9345-b8aa55efd26b 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 Dina Chavez Sent:8/4/2021 11:47:40 AM Dinac@cctexas.com ED Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jennifer Boggs Jennifer.Boggs@dshs.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign CMS Inbox cmucontracts@dshs.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign CMS Internal Routing Mailbox CMS.InternalRouting@dshs.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Beverly Taylor Beverly.Taylor@dshs.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 8/2/2021 3:51:57 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on:9/14/2020 7:10:18 PM Parties agreed to:Annette Rodriguez MPH,Annette Rodriguez MPH, Helen Whittington, Patty Melchior, Kirk Cole ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, DSHS Contract Management Section (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD),please confirm your agreement by selecting the check-box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process,please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact DSHS Contract Management Section: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: alison.joffrion@hhsc.state.tx.us To advise DSHS Contract Management Section of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at alison.joffrion@hhsc.state.tx.us and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from DSHS Contract Management Section To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to alison.joffrion@hhsc.state.tx.us and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with DSHS Contract Management Section To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to alison.joffrion@hhsc.state.tx.us and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: haps://support.docusign.com/guides/signer-guide- signi_ ng-system-requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you,please confirm that you have read this ERSD, and (i)that you are able to print on paper or electronically save this ERSD for your future reference and access; or(ii)that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. By selecting the check-box next to `I agree to use electronic records and signatures', you confirm that: • You can access and read this Electronic Record and Signature Disclosure; and • You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and • Until or unless you notify DSHS Contract Management Section as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by DSHS Contract Management Section during the course of your relationship with DSHS Contract Management Section.