HomeMy WebLinkAboutAgenda Packet City Council - 02/22/2022 o',A.,5r.,f,�r s City of Corpus Christi 1201 Leopard Street
Corpus Christi,TX 78401
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\ Meeting Agenda - Final-revised
City Council
Tuesday, February 22,2022 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 Deacon Armando Cavada, St. John of the Cross.
C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be
led by Cianna Salazar, Miller High School Student.
D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.
E. Proclamations /Commendations
1. 22-0369 Check Presentation by Cheniere Foundation to the City of Corpus Christi
to Assist Homeless Persons with Disabilities
Proclamation declaring March 5, 2022 "March for the Vote"
Proclamation declaring March 6-12, 2022 "Women in Construction Week"
Proclamation declaring March 11, 18 & 25, 2022 "Fill-the-Boot-for the
Muscular Dystrophy Association Days"
City of Corpus Christi Page 1 Printed on 2/21/2022
City Council Meeting Agenda-Final-revised February 22,2022
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. CONSENT DECREE UPDATE
b. SHORT TERM RENTAL UPDATE
C. CAPITAL IMPROVEMENT PROJECTS UPDATE -STREETS
H. BOARD &COMMITTEE APPOINTMENTS:
2. 22-0283 Building Standards Board (4 vacancies)
Landmark Commission (3 vacancies)
I. EXPLANATION OF COUNCIL ACTION:
J. CONSENT AGENDA: (ITEMS 3 - 18)
3. 22-0320 One-reading ordinance repealing Ordinance No. 032593; amending the
City of Corpus Christi Operating Budget for the Fiscal Year 2021-2022 to
establish the budget for the City Operated Corpus Christi-Nueces County
Public Health District; and appropriating funds as provided in the budget
for the City Operated Corpus Christi-Nueces County Public Health District.
sponsors: Office of Management and Budget
4. 22-0310 Approval of the February 15, 2022 Regular Meeting Minutes.
sponsors: City Secretary's Office
Consent-Second Reading Ordinances
5. 22-0199 Ordinance appropriating $10,000 from the Auto Theft Prevention Grant
program income into the Auto Theft Prevention Grant for the purchase of a
replacement 2021 Ford F-150 crew cab vehicle.
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City Council Meeting Agenda-Final-revised February 22,2022
Sponsors: Police Department
6. 22-0151 Ordinance appropriating $49,000 from the City of Corpus Christi-Nueces
County Local Emergency Planning Committee Reserve Fund for
community education programs and projects regarding hazardous
chemical safety; and amending the FY 2022 Operating Budget by
increasing expenditures in the Local Emergency Planning Committee fund
by $49,000.
Sponsors: Fire Department
7. 22-0155 Ordinance declaring City property at 1401 Morgan Avenue as surplus
property, authorizing the exchange of the surplus property for property
located at 1525 Morgan Avenue and 1411 12th Street, and authorizing
execution of a contract, deed, and any related documents necessary to
complete the exchange and conveyance of the properties between the City
of Corpus Christi and the Ed Rachal Foundation pursuant to a competitive
bid.
Sponsors: Engineering Services
8. 21-0909 Ordinance awarding a construction contract to South Texas Building
Partners, Inc, Corpus Christi, Texas, for the construction of a new storage
facility for beach maintenance equipment at North Padre Island in the
amount of$1,699,558, appropriating $260,242.41 in the State Hotel
Occupancy Tax (SHOT) Fund, and amending the FY 2022 operating and
capital budgets; located in Council District 4, with FY2022 funding
available from Parks and Recreation Bond 2014, Parks and Recreation
Bond 2018, and SHOT Funds.
Sponsors: Engineering Services, Parks and Recreation Department and Finance &
Procurement
9. 22-0272 Ordinance authorizing a License Agreement with T-Mobile West LLC for
use of City property at Fire Station 16 on Mustang Island to operate a
temporary antenna facility during Spring Break 2022 beginning March 1,
2022 to April 4, 2022 for a one-time fee of$2,500, located in Council
District 4, with FY 2022 revenues to be deposited to the General Fund.
Sponsors: Engineering Services
10. 22-0270 Ordinance approving the addition of one full-time position to the budget of
the Procurement Division of the Finance and Procurement Department for
a Contract Manager as recommended by the City Audit Committee;
amending the FY 2022 Operating Budget to increase the number of
positions by one, with funding coming from the existing FY 2022
Procurement Operational Budget.
Sponsors: Finance &Procurement and Office of Management and Budget
11. 22-0218 Ordinance approving a lease estoppel and amendment to the ground
lease with MREIC Corpus Christi TX, LLC ("Tenant") at the Corpus Christi
International Airport to include language required for a merger and loan
City of Corpus Christi Page 3 Printed on 2/21/2022
City Council Meeting Agenda-Final-revised February 22,2022
transaction by the Tenant; authorizing the City Manager to execute all
documents necessary and related to the amendment and refinancing
transaction; and providing for an effective date.
sponsors: Aviation Department
Consent- Contracts and Procurement
12. 21-1662 Motion authorizing the purchase of 27 shade structures, 20 of which will be
installed at Labonte Park, from ExerPlay, Inc., of Cedar Crest, New
Mexico, for various City parks through the BuyBoard Cooperative for Parks
and Recreation, for a total amount of$282,278.25, with FY 2022 funding in
the amount of$282,278.25 available through the General Fund.
sponsors: Parks and Recreation Department and Finance &Procurement
13. 22-0150 Motion authorizing a one-year service agreement with two one-year option
periods with ADK Environmental, Inc., of Odem, Texas for preventative
maintenance and emergency vactor service for an amount not to exceed
$297,000.00, with a potential amount not to exceed $938,000.00 if option
periods are exercised, with FY 2022 funding in an amount of$173,250.00
available through the Wastewater Fund.
sponsors: Utilities Department and Finance & Procurement
14. 22-0185 Resolution authorizing the acquisition of 34 vehicles and equipment by
various departments, of which 19 items will be outright purchases and 15
items will be lease purchased through JPMorgan, for a total amount of
$4,549,548.48, with such items to be acquired in the manner, at the
amounts, and from the sources stated with FY 2022 funding in the amount
of$1,192,864.35.
sponsors: Asset Management Department and Finance & Procurement
Consent- Capital Projects
15. 21-0280 Motion authorizing Amendment No. 3 to a professional services contract
with Hazen and Sawyer, Corpus Christi, TX, to provide design, bid, and
construction phase services for the Greenwood Wastewater Treatment
Plant Dissolved Air Flotation Unit Rehabilitation & Odor Control in an
amount of$3,214,130.00 for a total contract value not to exceed
$3,875,930.00, located in Council District 3, with FY 2022 funding
available from Wastewater Capital Fund.
Sponsors: Engineering Services, Water Utilities Department and Finance &
Procurement
16. 21-1535 Motion awarding a construction contract to Bridges Specialties, Inc.,
Robstown, Texas, for Packery Channel Water Line project in an amount of
$1,497,973.50, located in Council District 4, with FY 2022 funding
available from the Water Capital Fund.
Sponsors: Engineering Services, Water Utilities Department and Finance &
City of Corpus Christi Page 4 Printed on 2/21/2022
City Council Meeting Agenda-Final-revised February 22,2022
Procurement
General Consent Items
17. 22-0229 Resolution authorizing the submission of a grant application in the amount
of$152,687.64 to the Office of the Governor Homeland Security Grants
Division for funding for overtime and retirement for four sworn officers
eligible under the FY 2023 Local Border Security Program Grant.
sponsors: Police Department
18. 22-0317 Resolution authorizing Real Estate Contracts and Developer Participation
Agreement with Lands Greenwood 2018, LLC and MPM Development, LP
for the sale and exchange of City owned lots on Oso Creek at Starry Circle
and authorizing execution of deeds and any related documents necessary
to complete the sale and exchange and convey the lots.
sponsors: Engineering Services
K. RECESS FOR LUNCH
L. PUBLIC HEARINGS:
M. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 19 - 20)
19. 22-0305 Ordinance abandoning one Bond 2012 project and one Bond 2016 project
and repurposing excess Bond 2008, Bond 2012, Bond 2016 funds for use
on the Residential Street Program; and amending FY 2022 capital budget.
sponsors: Office of Management and Budget
20. 22-0309 Ordinance authorizing acceptance and appropriation of a donation in the
amount of$100,000 from the Cheniere Foundation; amending the
operating budget for FY2021-2022 to increase expenditures for Homeless
Services; and authorizing an agreement with the Coastal Bend Center for
Independent Living to provide services to persons with disabilities who are
homeless.
sponsors: Neighborhood Services
N. FIRST READING ORDINANCES: (ITEMS 21 -22)
21. 22-0212 Ordinance abandoning and vacating a 10-Foot-wide by approximately
1272.50 feet long (12,725 sq. ft.) portion of an existing 10-Foot-wide
easement out of Lot 14-B, Section 21, Flour Bluff and Encinal Farm and
Garden Tracts, a map of which is recorded in Volume 37, Page 164, Map
Records of Nueces County, Texas, located at 6636 Yorktown Boulevard,
Corpus Christi, Texas 78414, conditioned on the dedication of a
replacement easement
sponsors: Development Services
City of Corpus Christi Page 5 Printed on 2/21/2022
City Council Meeting Agenda-Final-revised February 22,2022
22. 22-0288 Ordinance appropriating Airport Grant#66 for $281,090.00 from the
Federal Aviation Administration, pursuant to the American Rescue Plan
Act ("ARPA"), to provide rent relief to eligible small and large in-terminal
concessions in the amounts of$224,872.00 and $56,218.00, respectively,
located at Corpus Christi International Airport; and amending the FY 2022
Operating Budget.
sponsors: Aviation Department
O. BRIEFINGS: (ITEM 23)
23. 22-0004 Presentation briefing on proposed revisions to the Community Enrichment
Fund (CEF) policy, and recommendation of FY 2022 Community
Enrichment Fund Budget in the amount of$2,803,266 for Council
consideration on March 22, 2022.
sponsors: Parks and Recreation Department
P. RECESS TO REDISTRICTING COMMUNITY INPUT SESSION;
Q. RECONVENE CITY COUNCIL MEETING:
R. EXECUTIVE SESSION: (ITEMS 24 -25)
24. 22-0167 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 Corpus Christi-Nueces
County Public Health District, various lawsuits, including, but not limited to,
John F. Smith v. Nueces County Texas and/or Corpus Christi-Nueces
County Public Health District, other legal issues related to the personnel,
structure, and/or operation of said district, Texas Health and Safety Code
Chapter 121, the Cooperative Agreement to Operate a Public Health
District and amendments, reformations, and attachments thereto, other
laws and regulations governing public health districts, members and
membership in the public health district, grants to the members of the
public health district, other legal issues related to the provision of health
services in the local area, and any potential actions that may be performed
pursuant to the aforesaid statutes, agreement(s), and regulations.
25. 22-0282 Executive Session pursuant to Texas Government Code § 551.071
and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult
with attorneys concerning legal issues related to the purchase, exchange,
and value of property south of Yorktown near Oso Creek and Oso Bay,
property along La Volla Creek, property between Safety Steel Drive, Oso
Creek, and a line extending south from the intersection of Yorktown and
Rodd Field Road, and Texas Government Code § 551.072 to discuss
and deliberate the potential purchase, exchange, and/or value of the
aforementioned areas of real property.
City of Corpus Christi Page 6 Printed on 2/21/2022
City Council Meeting Agenda-Final-revised February 22,2022
S. ADJOURNMENT
City of Corpus Christi Paye 7 Printed on 2/21/2022
BUILDING STANDARDS BOARD
Four(4)vacancies with terms to 3-3-2023 and 3-3-2024,representing the following preferred but not required categories:2-At-Large and 2-Alternate
Members(New).
Duties
The Building Standards Board hears appeals under the Building Standards and Housing Code,which shall be construed to secure the beneficial interests and
purposes of safety,health,and general welfare,through structural strength,stability,sanitation,adequate light and ventilation,and safety to life and property
from fire and other hazards incident to the construction,alteration,repair,removal,demolition,use and occupancy of buildings or structures.
Composition
Seven(7)members,each of whom shall be a resident of the city.Membership in one or more of the following categories is preferred but not required:lawyer,
realtor,architect,engineer,general contractor,home builder,or building materials dealer and remaining members at large from the residents of the city
who are homeowners.
Member size Term length Term limit
7 3 years 6 years
Appointing
Name District Term Appt.date End date Authority Position Status Category
Pete G.Cavazos District 2 1 9/8/2020 3/3/2023 City Council Resigned Member At-Large
Exceeded the number of absences
Guate Garcia District 5 Partial 7/27/2021 3/3/2022 City Council allowed by resolution Member At-Large
New Category 3/3/2024 City Council New Alternate
New Category 3/3/2024 City Council New Alternate
Coretta Graham 1 District 3 11 9/8/2020 3/3/2023 lCity Council 1 Chair jActive Lawyer
Monica Pareso IDistrict 1 IPartial 7/27/2021 3/3/2023 ICity Council I jActive Member At-Large
Catherine Giffin I District 2 11 2/23/2021 3/3/2024 ICity Council I Vice-Chair jActive Member At-Large
2-22-2022
BUILDING STANDARDS BOARD
Applicants
Name District Status Category
At-large
Matthew R. Forrester District 5 Applied Realtor
Johanna Ortiz District 5 Applied At-Large
Merced V. Pena District 2 Applied At-Large
At-Large
John B. Solberg District 5 Applied Engineer
At-Large
Nancy E. Whitfield District 4 Applied Realtor
CITY OF CORPUS CHRISTI Submit Date:Jan 21, 2022
Application for a City Board, Commission, Committee or Corporation
Profile
Matthew R Forrester
First Name Middle Initial Last Name
Email Address
6005 Tapestry 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?
3.5 years
Mobile: (361) 739-1696 Business: (361) 739-1696
Primary Phone Alternate Phone
RE/MAX Elite&The KB Team REALTOR
Employer Job Title
Work Address - Street Address and Suite Number
5366 McArdle Rd Suite 102
Work Address - City
Corpus Christi
Work Address - State
TX
Work Address- Zip Code
78411
Untthn%A/ R Cnrroctor
Work Phone
(361)739-1696
Work E-mail address
Preferred Mailing Address
W Home/Primary Address
Which Boards would you like to apply for?
BUILDING STANDARDS BOARD: 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:
do not currently serve in any of these capacities.
Education, Professional and/or Community Activity (Present)
am a licensed REALTOR in the state of Texas. I try to be involved in events and city council meetings
when I can and be connected with what is going on in my city. I currently serve on the Government Affairs
committee for the Corpus Christi Association of Realtors.
If you applied for multiple boards, which boards are you most interested in serving on, in
order of preference? (Limit to top three)
1. Capital Improvements Advisory Committee 2. Building Standards Board 3. Landmark Commission
Why are you interested in serving on a City board, commission or committee?
A committee position where I can best use my experience, leadership skills and passion to serve my city.
Uplcad a.es;;me
Are you an ex-Officio member of a City Board, commission or committee?
r- Yes r- No
r%AntthnXA1 D Cnrrnctnr
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?
rYes rNo
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 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)
NAnttholni Q Cnrroctor
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 Realtor
Question applies to BUILDING STANDARDS BOARD
Are you a Homeowner in the City of Corpus Christi?
r Yes r No
Question applies to LANDMARK COMMISSION
The Landmark Commission preferred representatives from certain categories. Do you qualify
for any of the following categories?
W Licensed Real Estate Salesperson
Question applies to CAPITAL IMPROVEMENTS ADVISORY COMMITTEE
The Capital Improvement Advisory Committee must include representatives from certain
industries. Do you qualify for any of the following industries?
W Real Estate\,
Question applies to CAPITAL IMPROVEMENTS ADVISORY COMMITTEE
One member shall be a representative of the City's extraterritorial jurisdiction if impact fees
are proposed. Do you qualify?
r Yes r• No
Verification
KA0ttho1n1 0 Cnrroctor
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
NAattholni 0 Cnrroctor
Matthew Forrester
Cell (361)739-1696
MatthewForresterElite.com
Objective
A committee position where I can best use my experience,leadership skills and passion to serve my city.
Work Experience
RE/MAX Elite I The KB Team
REALTOR®GRI—Corpus Christi,TX May 2019 to Present
- Provides exceptional customer service to my clients through the process of helping them buy or sell real estate.
- Top producing agent in Corpus Christi achieving executive club my first year and 100%club my second year.
- Knowledgeable of local real estate markets to help individuals buy-and sell residential or commercial properties.
- Promote and advertise properties through open houses,engagement in multiple listing services and social media
marketing.
- Established a network of mortgage lenders,contractors,inspectors,title clerks and appraisers to refer my clients to.
- Involved in community outreach programs and community development initiatives to invest in my local market.
- Manages the contracts from execution to close including negotiations,inspections, appraisal,underwriting,compliance
and closing,adhering to all contract critical dates to protect my clients throughout the process.
- Builds relationships with clients and business owners to be a passionate,friendly face in our community;to be helpful and
a resourceful to those around me.
CarMax Auto Superstore
Assistant General Manager—O'Fallon,IL/Corpus Christi,TX March 2017 to January 2019
- Strategically identified daily sales or purchase transactions that needed attention or manager involvement.Worked with
customer specialists to create an iconic experience with every customer,equipping them with confidence to best assist in
varying and complex situations,as well as to increase probability of sale or purchase to meet individual and targeted goals.
- Provided coaching and training to the associates in all areas of the business including sales,service,and facilities.
- Facilitated scheduled/in the moment training sessions to help increase sales and provide exceptional customer service.
- Grand Opening Coordinator and Vendor Liaison for new location build,including hiring and training all staff and working
with local construction companies and vendors towards the grand opening at a new location in Corpus Christi,Texas.
- Demonstrated exceptional analysis and decision-making skills in highly complex customer service issues and assisting with
sales transactions,helping my team be more efficient.
- Conducted weekly or monthly reviews with associates to provide insight and direction in strengths and development
opportunities.
- Oversaw all aspects of the location from facility repair and maintenance,to merchandising,inventory control,and vehicle
registration/title work. Continually conducted audits to ensure federal,state, local,and company compliance in order to
exceed the standards of operations.
- Traveled to multiple locations to assist with store openings,coverage and growth.
- Conducted multiple visits to the home and regional offices to assist in special projects and program creations.
Sales Manager—Merriam,KS June 2013 to March 2017
- Coached and provided support to over 60+sales professionals to increase sales by 150%
- Interviewed,hired,and managed the training plan for all new sales associates
- Handled complex customer service issues and sales transactions.
- Conducted weekly training huddles and monthly associate performance reviews.
- Worked with low performing associates to identify opportunities for growth and increase overall performance.
- Partnered and maintained strong relationships in every business department to create a positive and teamwork-oriented
organizational culture.
- Traveled to multiple locations to assist with hiring and staffing needs.
President's Club Sales Consultant—Independence,MO February 2011 to June 2013
- Assisted customers through the selection of their next vehicle and/or the sale of their current vehicle while providing
excellent customer service through their whole shopping journey.
- Continually set new store records in daily and monthly sales numbers.
- Received multiple recognitions and awards recognizing my contributions as a sales consultant.
- Mentored and trained 20+new hires,including leading morning training huddles and overseeing the sales mentor program
and the community outreach events for the store.
Sprint Nextel Inc.
Payroll&Transactions Specialist II—Overland Park,KS May 2009 to January 2011
- Processed payroll transaction for over 40,000 employees,while serving as a point of contact for pay cycles that ran
periodically throughout the week including: editing pay information,wages and hours,and updating yearly wages.
- Provided timely and accurate resolutions for payroll processing and payroll tax inquiries.
- Tracked employee overpayments and recollection of funds,while adjusting yearly wages accordingly.
- Printed and sent live checks for terminated employees to abide with state labor laws for immediate pay states. Assisted
with government and insurance reporting and compliance.
Contact Center Specialist—Overland Park,KS October 2007 to May 2009
- Worked in the Finance/Human Resource Division by providing customer service to employees related to Benefits, Payroll,
Commissions, Sprint University,and Corporate Cards;Trusted to manage highly confidential information for employees.
- Worked with outside vendors and internal transaction teams to update employee information.
- Responded to escalated inquires via with investigation and team work to provide accurate, up-to-date information for our
customers.
Additional skills/assets
- Strong work ethic with projects,problem solving,multi-tasking,and new process implementations.
- Quick learner with an ability to work alone or on a team of people.
- Exceptional written and verbal communication.
- Experience using Microsoft Office, Salesforce,and Workday.
Education
- High School Diploma-Home Schooled 3.3 GPA Lake Mills,WI
- Honor Academy Internship Nominated for Director's Award Tyler,TX
The purpose of this two-year internship was to cultivate leaders whose lives would demonstrate leadership, discipline,
and personal integrity as they are prepared to enter the workforce.
CITY OF CORPUS CHRISTI Submit Date: Dec 03, 2021
Application for a City Board, Commission, Committee or Corporation
Profile
Johanna Ortiz
First Name Last Name
Email Address
7009 Brandon
Street Address
Corpus Christi TX 78413
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?
41
Mobile: (361) 425-1409 Home: (361) 425-1409
Primary Phone Alternate Phone
Self employed - Residential
Drafting & Design Owner
Employer Job Title
Work Address - Street Address and Suite Number
7009 Brandon
Work Address - City
Corpus Christi
Work Address - State
Texas
Work Address - Zip Code
78413
lnh!annn nrti-7
Work Phone
361-425-1409
Work E-mail address
superiordesigners@yahoo.com
Preferred Mailing Address
W Home/Primary Address
Which Boards would you like to apply for?
BUILDING STANDARDS BOARD: 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
Why are you interested in serving on a City board, commission or committee?
I have an interest in helping people and serving my community.
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
Do you represent any person or organization in any claim or lawsuit or proceeding involving
the City?
r Yes r• No
lnhonnn nrti-7
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 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
1nhnnnf3 nrti-7
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
lnhnnnn nrti-7
Oath
I swear that all of the statements included in my application and attached documents, if any,
are true and correct.
W I Agree
lnhnnnn nrti-7
CITY OF CORPUS CHRISTI Submit Date: Dec 16, 2021
Application for a City Board, Commission, Committee or Corporation
Profile
Merced V. Pena
First Name Middle Initial Last Name
Email Address
4622 Brookdale Dr. Corpus Christi TX
Street Address Suite or Apt
Corpus Christi TX 78415
City State Postal Code
What district do you live in?
W District 2
Current resident of the city?
t= Yes r No
If yes, how many years?
70 years
Home: (361) 429_-5955_
Primary Phone Alternate Phone
Retired_
Employer Job Title
Work Address - Street Address and Suite Number
Work E-mail address
Mercedormybizness@gmail
Preferred Mailing Address
W Home/Primary Address
Which Boards would you like to apply for?
BUILDING STANDARDS BOARD: Submitted
Interests & Experiences
KAorrorl \/ Dona
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)
High school, associate degree,counselor, administrator
Why are you interested in serving on a City board, commission or committee?
Help the city.
Are you an ex-Officio member of a City Board, commission or committee?
r Yes (.- 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
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
KAorf-nrl \/ Donn
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
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 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 CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY
Are you a qualified voter* residing in the Authority? (Note: Authority includes the following
services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll,
Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown)
r Yes r No
Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY
The City Council designates at least one of its appointees to represent the interests of the
"transportation disadvantaged". "Transportation disadvantaged" is defined as meaning the
elderly, persons with disabilities, and low-income individuals. State law does not mandate
that the board member be transportation disadvantaged. Can you represent the interests of
the "transportation disadvantaged"?
r Yes r• No
IkAorrorl \/ Donn
Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY
Explain how you represent the interests of the transportation disadvantaged. (If No, enter
"N/A")
Question applies to LANDMARK COMMISSION
The Landmark Commission preferred representatives from certain categories. Do you qualify
for any of the following categories?
W At-Large
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?
t: Yes r No
Question 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
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
KAorr-nfA \/ Donn
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
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
AAorrori \/ Donn
CITY OF CORPUS CHRISTI Submit Date: Nov 04, 2021
Application for a City Board, Commission, Committee or Corporation
Profile
John B Solberg
First Name Middle Initial Last Name
Email Address
5106 Kings Ct
Street Address
Corpus Christi TX 78413
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?
17
Home: (361) 244-1881 Business: (361) 961-3551
Primary Phone Alternate Phone
United States Army Aerospace Engineer
Employer Job Title
Work Address - Street Address and Suite Number
308 Crecy St
Work Address - City
Corpus Christi
Work Address - State
Texas
Work Address - Zip Code
78419
lnhn R Cnlhorrr
Work Phone
3619613551
Work E-mail address
john.b.solberg.civ@army.mil
Preferred Mailing Address
W Home/Primary Address
Which Boards would you like to apply for?
BUILDING STANDARDS BOARD: 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)
BS Aerospace Engineering Purdue University MS Mechanical Engineering UTSA
If you applied for multiple boards, which boards are you most interested in serving on, in
order of preference? (Limit to top three)
Capital Improvements Advisory Committee Civil Service Board Building Standards Board
Why are you interested in serving on a City board, commission or committee?
I am 60 years old and I feel my experience can be beneficial to the city of Corpus Christi.
Upload a Resume
Are you an ex-Officio member of a City Board, commission or committee?
r Yes c' No
Demographics
lnhn R Cnlhorn
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?
r Yes r No
Does your employer or your spouse's employer have a City contract?
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 BUILDING STANDARDS BOARD
The Building Standards Board preferred representatives from certain categories. Do you
qualify for any of the following categories?
W Engineer
Question applies to BUILDING STANDARDS BOARD
Are you a Homeowner in the City of Corpus Christi?
r Yes (- No
lnhn R Cnlhnm
Question applies to CIVIL SERVICE COMMISSION,CIVIL SERVICE BOARD
Have you resided in the City for at least 3 years?
r• 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?
(.- 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 REGIONAL TRANSPORTATION AUTHORITY
Are you a qualified voter* residing in the Authority? (Note: Authority includes the following
services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll,
Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown)
r Yes r No
Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY
The City Council designates at least one of its appointees to represent the interests of the
"transportation disadvantaged". "Transportation disadvantaged" is defined as meaning the
elderly, persons with disabilities, and low-income individuals. State law does not mandate
that the board member be transportation disadvantaged. Can you represent the interests of
the "transportation disadvantaged"?
(.- Yes r No
Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY
Explain how you represent the interests of the transportation disadvantaged. (If No, enter
"N/A")
Co-worker is fully handicapped (wheel chair bound).
Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT
(For NCAD) Are you a resident and qualified elector* of the District (Nueces County)?
(.- Yes r No
Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT
(NCAD) Have you resided in the District for at least 2 years?
(-. Yes r No
lnhn R Cnlhnm
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
Question 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?
Yes r No
Question applies to TRANSPORTATION ADVISORY COMMISSION
The Transportation Advisory Commission must have at least one member who represents
the bicycling community. Do you qualify for this category?
(.- Yes r No
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 BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B
CORPORATION,PLANNING COMMISSION
Are you a registered voter?
r• Yes r No
Question applies to CAPITAL IMPROVEMENTS ADVISORY COMMITTEE
The Capital Improvement Advisory Committee must include representatives from certain
industries. Do you qualify for any of the following industries?
W Real Estate\,
Question applies to CAPITAL IMPROVEMENTS ADVISORY COMMITTEE
One member shall be a representative of the City's extraterritorial jurisdiction if impact fees
are proposed. Do you qualify?
r Yes r• No
Verification
lnhn R Cnlhorn
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
lnhn R Cnlhorrr
RESUME
CURRENT ORGANIZATION: FCDD-AMA-M
308 Crecy Street, Stop #55
Corpus Christi, TX 78419-5260
361-961-3551 (W)
NAME: John B. Solberg
5106 Kings Ct
Corpus Christi, TX 78413-5126
361-244-1881 (H)
PRESENT TITLE, SERIES, GRADE: Aerospace Engineer, DB-0861-03, 40 hrs/wk
EDUCATION: Purdue University, West Lafayette, Indiana, 1980 to 1985, Bachelor of
Science in Aeronautical and Astronautical Engineering. University of Texas at San
Antonio, San Antonio, Texas, 1994 to 2000, Master of Science in Mechanical
Engineering (GPA 3.7/4.0).
SPECIAL COURSES (SPRDE): Fundamentals of Systems Acquisition Management,
September 1985. Intermediate Systems Planning, Research, Development and
Engineering, June 1996. Advanced Systems Planning, Research, Development and
Engineering, May 2003. Intermediate Systems Acquisition Management, January 2004.
SPECIAL COURSES (System Safety Officer, MIL-STD-882): Systems Safety
Management, May 1993.
AWARDS: Civilian Appraisal Performance Awards received 2015, 2016, 2017, 2018
and 2019. Current performance rating 97%.
PROFESSIONAL CERTIFICATIONS: Acquisition Personnel Development Program
(APDP) 2 Dec 1992 certified Level I in Systems Planning, Research, Development and
Engineering. APDP 30 Jun 2004 certified Level III in Systems Planning, Research,
Development and Engineering. Army Acquisition Corp member.
WORK HISTORY SUMMARY
Aerospace Engineer, DB-0861-03, FCDD-AMA-M, Corpus Christi, TX, Jun 16—date
Job Responsibilities and Accomplishments: Maintenance Engineer for US Army
Aviation and Missile Center on-site at Corpus Christi Army Depot (CCAD). Responsible
for engineering support for overhaul of Army helicopter drive systems during depot
maintenance. Apply knowledge of US Army airworthiness practices to the overhaul of
Critical Safety Items.
Chief responsibilities include AH-64 drive systems. Exercises cognizance over field and
depot level maintenance standards, performing analysis of failures and trends to develop
improvements to the standards and specialized instructions that clarify and authorize
maintenance standards not covered by published technical data. Implement changes to
Depot Maintenance Work Requirements by writing Maintenance Engineering Orders,
preserving integrity of OEM designs and coordinating with platform divisions. Sign off
on single part unique waivers using Maintenance Engineering Calls. Provides
comprehensive support to organic and commercial maintenance, including spares
procurement activities, through oversight, deficiency analysis, verification, a variety of
testing efforts, and development of special processes or instructions. Participate in SAFR
parts reviews. Participate in Production Verification Audits at CCAD and contractor
facilities. Participate in Supplier Interface and Oversight Program and quality reviews.
Review Aviation Safety Action Messages. Review Frozen Process Plans for CCAD and
contractors. Initiate repair development on rotor head and transmission components,
preserving integrity of OEM design and coordinating with platform divisions.
Aerospace Engineer, DB-0861-03, RDMR-AEM, Corpus Christi, TX, Feb 14—Jun 16
Responsibilities include T55 Engine. Exercises cognizance over field and depot level
maintenance standards, performing analysis of failures and trends to develop
improvements to the standards and specialized instructions that clarify and authorize
maintenance standards not covered by published technical data. Implement changes to
Depot Maintenance Work Requirements by writing Maintenance Engineering Orders,
preserving integrity of OEM designs and coordinating with platform divisions. Sign off
on single part unique waivers using Maintenance Engineering Calls. Provides
comprehensive support to organic and commercial maintenance, including spares
procurement activities, through oversight, deficiency analysis, verification, a variety of
testing efforts, and development of special processes or instructions. Participate in SAFR
parts reviews. Participate in Production Verification Audits at CCAD and contractor
facilities. Participate in Supplier Interface and Oversight Program and quality reviews.
Review Aviation Safety Action Messages. Review Frozen Process Plans for CCAD and
contractors. Initiate repair development on engine components, preserving integrity of
OEM design and coordinating with platform divisions.
Aerospace Engineer, DB-0861-03, RDMR-AEM, Corpus Christi, TX, Nov 09—Feb 14
Job Responsibilities and Accomplishments: Maintenance Engineer for US Army
Aviation and Missile Research, Development, and Engineering Center on-site at Corpus
Christi Army Depot (CCAD). Responsible for engineering support for overhaul of Army
helicopter drive systems during depot maintenance. Apply knowledge of US Army
airworthiness practices to the overhaul of Critical Safety Items.
Chief responsibilities include UH-60 drive systems. Exercises cognizance over field and
depot level maintenance standards, performing analysis of failures and trends to develop
improvements to the standards and specialized instructions that clarify and authorize
maintenance standards not covered by published technical data. Implement changes to
Depot Maintenance Work Requirements by writing Maintenance Engineering Orders,
preserving integrity of OEM designs and coordinating with platform divisions. Sign off
on single part unique waivers using Maintenance Engineering Calls. Provides
comprehensive support to organic and commercial maintenance, including spares
procurement activities, through oversight, deficiency analysis, verification, a variety of
testing efforts, and development of special processes or instructions. Participate in SAFR
parts reviews. Participate in Production Verification Audits at CCAD and contractor
facilities. Participate in Supplier Interface and Oversight Program and quality reviews.
Review Aviation Safety Action Messages. Review Frozen Process Plans for CCAD and
contractors. Initiate repair development on rotor head and transmission components,
preserving integrity of OEM design and coordinating with platform divisions.
Aerospace Engineer, DB-0861-03, RDMR-AEM, Corpus Christi, TX, Nov 04—Nov 09
Responsibilities include CH-47 drive systems and rotor head. Responsible for
engineering support of overhaul of all bearings at CCAD Bearing Shop. Exercises
cognizance over field and depot level maintenance standards, performing analysis of
failures and trends to develop improvements to the standards and specialized instructions
that clarify and authorize maintenance standards not covered by published technical data.
Implement changes to Depot Maintenance Work Requirements by writing Maintenance
Engineering Orders, preserving integrity of OEM designs and coordinating with platform
divisions. Sign off on single part unique waivers using Maintenance Engineering Calls.
Provides comprehensive support to organic and commercial maintenance, including
spares procurement activities, through oversight, deficiency analysis, verification, a
variety of testing efforts, and development of special processes or instructions.
Participate in SAFR parts reviews. Participate in Production Verification Audits at
CCAD and contractor facilities. Participate in Supplier Interface and Oversight Program
and quality reviews. Review Aviation Safety Action Messages. Review Frozen Process
Plans for CCAD and contractors. Initiate repair development on rotor head and
transmission components, preserving integrity of OEM design and coordinating with
platform divisions. Supported initial contracts for overhaul and maintenance of CH-47
drive systems at Northstar Aerospace and Columbia Helicopters. Supported initial
contracts for overhaul and maintenance of UH-1H and OH-58 drive systems at Israeli
Aerospace Industries and National Maintenance Program at Fort Rucker,Alabama.
Aerospace Engineer, GS-0861-13, OC-ALC/LR, Tinker AFB, OK, Feb 03—Oct 04
Job Responsibilities and Accomplishments: Command Staff Aerospace Engineer
working directly under the Air Force Propulsion Product Group Manager, a Senior
Executive Service (SES) position. Managed the Propulsion Product Group Manager's
world class consultant Executive Independent Review Team, including the identification,
pursuit, and application of necessary resources and training required for mission success.
Provide technical expertise to organization and customers across the DOD Enterprise.
Interfaces with Department of Defense, Secretary of the Air Force, Air Force Material
Command (AFMC), and cross service personnel to resolve issues, refine procedures, and
update policy. Briefs Senior Leadership on status of programs. Responsible for
development, preparation, and delivery of technical information through all media to a
broad range of personnel from shop floor to general officer level and industry. The
position required effective coordination with systems engineers, program management
offices, contractors, management and higher headquarters regarding all engine
engineering/airworthiness issues, and developing and communicating sound rational
technical positions to the Propulsion Director, Propulsion Product Group Manager,Air
Logistics Center Commander,Air Force Materiel Command, Air Force Chief of Staff and
DOD Staff. Represent the Propulsion Product Group Manager at meetings with the
customer on technical and programmatic issues. Coordinated message activity including
all safety of flight Aviation Safety Action Messages,Aviation Maintenance Action
Messages, Maintenance Work Orders, and Maintenance Information Messages.
Lead Aerospace Engineer, GS-0861-13, OC-ALC/LPFRA, Tinker AFB, Oklahoma, Sep
00—Jan 03
Job Responsibilities and Accomplishments: Served as Subject Matter Expert for
Program Management Office F100-PW-100/-200/-220/-220E Engine, responsible for
guiding and mentoring a group of eight to ten technical personnel working multiple
complex projects simultaneously providing budget inputs for the team, and coordinating
work of other Government agencies/contractors and provides effective overall technical
management as Subject Matter Expert for maintaining airworthiness and flight safety.
Provides comprehensive support to organic and commercial maintenance, including
spares procurement activities with weekly production meetings, responding to production
issues, reviewing technical waivers and deviations, and reviewing materiel non-
conformances. Advised journeyman level engineers on a daily basis. Consulted on
Accident Investigation Board and Safety Investigation Board investigations, including
implementing corrective actions.
Approving authority support of official message activity including all safety of flight
Aviation Safety Action Messages,Aviation Maintenance Action Messages, Maintenance
Work Orders, and Maintenance Information Messages. Responsible for development,
preparation, and delivery of technical information through all media to a broad range of
personnel from shop floor to general officer level and industry.
From an airworthiness perspective, provides technical expertise to organization and
customers across the AF and DOD, encompassing commercial and organic (both military
and civilian) aviation maintenance activities, and all logistic, program, life cycle, and
sustainment managers. Coordinates workload for all assigned weapon systems and
maintain open communication with all customers with respect to support requirements,
emerging issues, and resources. Provides direction, coordination, engineering review,
issue resolution, and technical expertise for Maintenance Engineering Calls, Maintenance
Engineering Orders, field and depot level technical data content, and repair development
for all assigned weapon systems. Performs engineering reviews, correction, and
development of regulations, standing operating procedures (SOPS), and other
documentation in support of assigned programs. Trains, coaches, and mentors junior
engineers, and other personnel, in the responsive maintenance engineering support of all
assigned weapon systems.
Responsibilities include the identification, pursuit, and application of necessary resources
and training required for mission success. The leadership and management
responsibilities included leading a team of engineers by identifying, distributing and
balancing workload and monitoring and reporting on progress of work, identifying all
team budget requirements to include estimating manpower support required for
programs/projects, identifying training requirements, travel requirements, and monitor
execution of budgeted resources. Responsibilities include supporting the team's
customers in all engine issues and represent the Division at meetings with the customer
on technical and programmatic meetings, developing a team of engineers through
communicating goals and expectations and coaching, training and advising on problem
solving methods, practices and procedures, advising the supervisor on performance
appraisal of team members, developing and communicating sound rationale technical
positions in the area of expertise to the Division and Branch Chief.
Managed the $50M Component Improvement Program (CIP) effort, applying knowledge
of specification and qualification requirements, and mentor team and customer personnel
regarding aviation propulsion airworthiness. The position required effective coordination
with systems engineers, program management offices, contractors, management and
higher headquarters regarding all engine airworthiness issues.
Aerospace Engineer, GS-0861-12, SA-ALC/LPFE, Kelly AFB, Texas, Jan 93—Aug 00
Job Responsibilities and Accomplishments: Program Management Office Systems
Engineer for sustainment of F100-PW-100/-200/-220/-220E engine for F-15 and F-16
aircraft. Various responsibilities including F100-PW-100/-200/-220/-220E external
accessory components, lubrication systems, airframe/engine integration, engine ground
testing and flight testing. The leadership and management responsibilities included
leading the -220/-220E Full Authority Digital Electronic Control (FADEC) software
development ground and flight testing within the branch.
Systems engineering responsibilities included F100 System Safety Manager and aircraft
mishap investigations, maintaining airworthiness and flight safety of F100-PW-100/-
200/-220/-220E engine systems. Initiated safety of flight Aviation Safety Action
Messages,Aviation Maintenance Action Messages, Maintenance Work Orders, and
Maintenance Information Messages. Joint Oil Analysis Program subject matter expert for
Propulsion Directorate. Subject matter expert for bearings.
Managed the $25M engine Component Improvement Program (CIP) test effort, applying
knowledge of specification and qualification requirements, and mentor team and
customer personnel regarding aviation propulsion airworthiness. The position required
effective coordination with systems engineers, program management offices, contractors,
management and higher headquarters regarding all engine airworthiness issues.
Project Engineer, GS-0861-12,ASC/YZEF, Wright-Patt AFB, Ohio, Oct 90—Dec 92
Job Responsibilities and Accomplishments: Program Management Office Systems
Engineer for development and acquisition of the F100-PW-229 engine for F-15 and F-16
aircraft. Developed and managed engine ground test with Arnold Engineering
Development Center (AEDC) and flight test programs with Edwards Flight Test Center,
in conjunction with the Original Equipment Manufacturer. Originated the first ever
Accelerated Mission Test (AMT) engine, using ram air engine test facility at AEDC.
This position required in-depth understanding of aviation propulsion turbine engine
technology, project engineering, system design, qualification, operation, and maintenance
of engine systems. Responsible for engine performance analysis. Responsible for engine
and propulsion system development and testing. The position required effective
coordination with systems engineers, program management offices, contractors,
management and higher headquarters regarding all engine airworthiness issues.
Project Engineer, GS-0861-12,ASC/NAE, Wright-Patt AFB, Ohio,Apr 87— Sep 90
Job Responsibilities and Accomplishments: Propulsion Systems Engineer for
research and development of propulsion system for National Aerospace Plane Joint
Program Office, working with NASA, Navy and contractor counterparts. Co-located
with Air Force Aero Propulsion Laboratory. Responsible for propulsion system design,
aircraft integration, component development, and testing. Member of Joint Army, Navy,
NASA and Air Force (JANNAF) committee to develop innovative test techniques.
CERTIFICATION STATEMENT: I certify that all statements made in this resume are
true, complete and correct to the best of my knowledge and belief, and are made in good
faith.
/s/ 12 Mar 20
(Signature of Applicant)
CITY OF CORPUS CHRISTI Submit Date:Jun 13, 2021
Application for a City Board, Commission, Committee or Corporation
Profile
Mrs Nancy E Whitfield
Prefix First Name Middle Initial Last Name
Email Address
4138 Harry Street
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?
56
Mobile: (361) 774-9071 Mobile: (361) 774-9071
Primary Phone Alternate Phone
CB Pacesetter Steel Realtors Broker Associate
Employer Job Title
Work Address- Street Address and Suite Number
5034 Holly Road
Work Address - City
Corpus Christi
Work Address - State
Texas
Work Address - Zip Code
78411
KArc I\Inni-%/ G Whit- olrl
Preferred Mailing Address
W Home/Primary Address
Which Boards would you like to apply for?
BUILDING STANDARDS BOARD: 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 Graduate. Realtor.Various educational requirements
Why are you interested in serving on a City board, commission or committee?
I'd like to be of service to my community on a volunteer basis
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
nnre rnlnni � WhitfinIrl
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 BUILDING STANDARDS BOARD
The Building Standards Board preferred representatives from certain categories. Do you
qualify for any of the following categories?
W Realtor
Ques[on applies to BUILDING STANDARDS BOARD
Are you a Homeowner in the City of Corpus Christi?
r Yes r No
KArc hl:anry G Whitfiolti
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
KArc KInnr`%/ G WhitfinIrl
Oath
I swear that all of the statements included in my application and attached documents, if any,
are true and correct.
W I Agree
NArc Nnnrry G \A/hitfiolrJ
LANDMARK COMMISSION
Three(3)vacancies with terms to 11-20-23 and 11-20-24,representing the following preferred,but not required categories:1-Engineer,1-Title Search and 1-At-
Large.
Duties
The Landmark Commission promotes the use of historical and cultural landmarks for the culture,prosperity,education,and general welfare of the people of the City
and visitors to the City.
Composition
Eleven(11)members are appointed by City Council by majority vote, In so far as possible,the numerical composition shall correspond to the ethnic,gender,and
economic distribution of the city according to the last Federal Census report. All members shall have knowledge and experience in either the architectural,
archaeological,cultural,social,economic,ethnic or political history of Corpus Christi.No one occupation or professional interest shall constitute a majority membership
of the commission.Membership in one or more of the following categories is preferred but not required:historians,licensed real estate salespersons,architect
structural or civil engineer,title search business,property surveyor and members at-large. No one profession will constitute a majority of the membership.
Member size Term Length Term limit
11 3 years 6 years
Appointing
Name District Term Appt.date End date Authority Position Status Category
Met the six-year service
Craig Thompson District 2 2 9/9/2014 11/20/2020 City Council limitation Engineer
Met the six-year service
Randy J.Dees Sr. District 2 2 4/19/2016 11/20/2021 City Council Vice-Chair limitation At-Large
Monica Rawlings District 5 1 2/12/2019 11/20/2021 City Council Resigned Title Search
Madeleine T Fontenot District 2 1 12/10/2019 11/20/2022 City Council Active At-Large
Jen C.Brown District 1 1 2/9/2021 11/20/2023 City Council Active Historian
Ira J.Freeman AIA District 4 2 2/14/2017 11/20/2022 City Council Vice-Chair Active Architect
Armando Mendez District 4 1 2/9/2021 11/20/2023 City Council Chair Active At-Large
James H.Pruitt II District 5 1 11/9/2021 11/20/2024 City Council Active Historian
Kathleen De La Garza District 2 12 7/17/2018 11/20/2023 ICity Council I JActive At-Large
Roslyn Michele Wanzer District 2 11 2/9/2021 11/20/2024 ICity Council I JActive I Real Estate
Veronica D.Wilson District 5 11 2/9/2021 11/20/2023 ICity Council I JActive At-Large
2-22-2022
LANDMARK COMMISSION
Applicants
Name District Status Category
At-Large
Matthew R. Forrester District 5 Applied Real Estate
At-Large
Albert Montez District 4 Applied Title Search
At-Large
Walter Jeff Mumme District 5 Applied Real Estate
Merced V. Pena District 2 Applied At-Large
At-Large
Elgin Wade Williams District 4 Applied Engineer
CITY OF CORPUS CHRISTI Submit Date:Jan 21, 2022
Application for a City Board, Commission, Committee or Corporation
Profile
Matthew R Forrester
First Name Middle Initial Last Name
Email Address
6005 Tapestry 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?
3.5 years
Mobile: (361) 739-1696 Business: (361) 739-1696
Primary Phone Alternate Phone
RE/MAX Elite &The KB Team REALTOR
Employer Job Title
Work Address - Street Address and Suite Number
5366 McArdle Rd Suite 102
Work Address - City
Corpus Christi
Work Address - State
TX
Work Address - Zip Code
78411
UfatthotAi Q Cnrrnctor
Work Phone
(361)739-1696
Work E-mail address
Preferred Mailing Address
W Home/Primary Address
Which Boards would you like to apply for?
LANDMARK COMMISSION: 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:
do not currently serve in any of these capacities.
Education, Professional and/or Community Activity (Present)
I am a licensed REALTOR in the state of Texas. I try to be involved in events and city council meetings
when I can and be connected with what is going on in my city. I currently serve on the Government Affairs
committee for the Corpus Christi Association of Realtors.
If you applied for multiple boards, which boards are you most interested in serving on, in
order of preference? (Limit to top three)
1. Capital Improvements Advisory Committee 2. Building Standards Board 3. Landmark Commission
Why are you interested in serving on a City board, commission or committee?
A committee position where I can best use my experience, leadership skills and passion to serve my city.
Upload a Resume
Are you an ex-Officio member of a City Board, commission or committee?
r Yes r No
AAnttho%ni Q Gnrroctor
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 (-. 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)
Unttholni R Cnrroctor
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 Realtor
Question applies to BUILDING STANDARDS BOARD
Are you a Homeowner in the City of Corpus Christi?
r. Yes r• No
Question applies to LANDMARK COMMISSION
The Landmark Commission preferred representatives from certain categories. Do you qualify
for any of the following categories?
W Licensed Real Estate Salesperson
Question applies to CAPITAL IMPROVEMENTS ADVISORY COMMITTEE
The Capital Improvement Advisory Committee must include representatives from certain
industries. Do you qualify for any of the following industries?
W Real Estate\,
Question applies to CAPITAL IMPROVEMENTS ADVISORY COMMITTEE
One member shall be a representative of the City's extraterritorial jurisdiction if impact fees
are proposed. Do you qualify?
r Yes r No
Verification
hAnttholAi D Cnrroctor
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. 1 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
UfatthoIni D Cnrroctor
Matthew Forrester
Cell (361)739-1696
MatthewForresterBlite.com
Objective
A committee position where I can best use my experience,leadership skills and passion to serve my city.
Work Experience
RE/MAX Elite I The KB Team
REALTOR®GRI—Corpus Christi,TX May 2019 to Present
- Provides exceptional customer service to my clients through the process of helping them buy or sell real estate.
- Top producing agent in Corpus Christi achieving executive club my first year and 100%club my second year.
- Knowledgeable of local real estate markets to help individuals buy-and sell residential or commercial properties.
- Promote and advertise properties through open houses,engagement in multiple listing services and social media
marketing.
- Established a network of mortgage lenders,contractors,inspectors,title clerks and appraisers to refer my clients to.
- Involved in community outreach programs and community development initiatives to invest in my local market.
- Manages the contracts from execution to close including negotiations,inspections,appraisal,underwriting,compliance
and closing,adhering to all contract critical dates to protect my clients throughout the process.
- Builds relationships with clients and business owners to be a passionate,friendly face in our community;to be helpful and
a resourceful to those around me.
CarMax Auto Superstore
Assistant General Manager—O'Fallon,IL/Corpus Christi,TX March 2017 to January 2019
- Strategically identified daily sales or purchase transactions that needed attention or manager involvement. Worked with
customer specialists to create an iconic experience with every customer, equipping them with confidence to best assist in
varying and complex situations, as well as to increase probability of sale or purchase to meet individual and targeted goals.
- Provided coaching and training to the associates in all areas of the business including sales,service,and facilities.
- Facilitated scheduled/in the moment training sessions to help increase sales and provide exceptional customer service.
- Grand Opening Coordinator and Vendor Liaison for new location build,including hiring and training all staff and working
with local construction companies and vendors towards the grand opening at a new location in Corpus Christi,Texas.
- Demonstrated exceptional analysis and decision-making skills in highly complex customer service issues and assisting with
sales transactions,helping my team be more efficient.
- Conducted weekly or monthly reviews with associates to provide insight and direction in strengths and development
opportunities.
- Oversaw all aspects of the location from facility repair and maintenance,to merchandising, inventory control, and vehicle
registration/title work. Continually conducted audits to ensure federal,state, local,and company compliance in order to
exceed the standards of operations.
- Traveled to multiple locations to assist with store openings,coverage and growth.
- Conducted multiple visits to the home and regional offices to assist in special projects and program creations.
Sales Manager—Merriam,KS June 2013 to March 2017
- Coached and provided support to over 60+sales professionals to increase sales by 150%
- Interviewed,hired,and managed the training plan for all new sales associates
- Handled complex customer service issues and sales transactions.
- Conducted weekly training huddles and monthly associate performance reviews.
- Worked with low performing associates to identify opportunities for growth and increase overall performance.
- Partnered and maintained strong relationships in every business department to create a positive and teamwork-oriented
organizational culture.
- Traveled to multiple locations to assist with hiring and staffing needs.
President's Club Sales Consultant—Independence,MO February 2011 to June 2013
- Assisted customers through the selection of their next vehicle and/or the sale of their current vehicle while providing
excellent customer service through their whole shopping journey.
- Continually set new store records in daily and monthly sales numbers.
- Received multiple recognitions and awards recognizing my contributions as a sales consultant.
- Mentored and trained 20+new hires,including leading morning training huddles and overseeing the sales mentor program
and the community outreach events for the store.
Sprint Nextel Inc.
Payroll&Transactions Specialist II—Overland Park,KS May 2009 to January 2011
- Processed payroll transaction for over 40,000 employees,while serving as a point of contact for pay cycles that ran
periodically throughout the week including: editing pay information,wages and hours,and updating yearly wages.
- Provided timely and accurate resolutions for payroll processing and payroll tax inquiries.
- Tracked employee overpayments and recollection of funds,while adjusting yearly wages accordingly.
- Printed and sent live checks for terminated employees to abide with state labor laws for immediate pay states.Assisted
with government and insurance reporting and compliance.
Contact Center Specialist—Overland Park,KS October 2007 to May 2009
- Worked in the Finance/Human Resource Division by providing customer service to employees related to Benefits, Payroll,
Commissions,Sprint University,and Corporate Cards;Trusted to manage highly confidential information for employees.
- Worked with outside vendors and internal transaction teams to update employee information.
- Responded to escalated inquires via with investigation and team work to provide accurate,up-to-date information for our
customers.
Additional skills/assets
- Strong work ethic with projects,problem solving,multi-tasking, and new process implementations.
- Quick learner with an ability to work alone or on a team of people.
- Exceptional written and verbal communication.
- Experience using Microsoft Office, Salesforce,and Workday.
Education
- High School Diploma-Home Schooled 3.3 GPA Lake Mills,WI
- Honor Academy Internship Nominated for Director's Award Tyler,TX
The purpose of this two-year internship was to cultivate leaders whose lives would demonstrate leadership, discipline,
and personal integrity as they are prepared to enter the workforce.
CITY OF CORPUS CHRISTI Submit Date:Jan 14, 2022
Application for a City Board, Commission, Committee or Corporation
Profile
Albert Montez
First Name Last Name
Email Address
337 Meldo Park Dr.
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?
33
Home: (361) 944-74.81 Home: (361) 371-6894
Primary Phone Alternate Phone
Stewart Title Division President
Employer Job Title
Work Address- Street Address and Suite Number
5926 S. Staples
Work Address - City
Corpus Christi
Work Address - State
TX
Work Address - Zip Code
78413
AIhort KArinto-7
Work Phone
361-906-0001
Work E-mail address
bet.montez@stewart.com
Preferred Mailing Address
W Work Address
Which Boards would you like to apply for?
LANDMARK COMMISSION: 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)
TAMUCC School of Business-2019 to Present Board of Trustees- First United Methodist Church
Advisory Board Member- Howell Foundation
If you applied for multiple boards, which boards are you most interested in serving on, in
order of preference? (Limit to top three)
Landmark Commission
Why are you interested in serving on a City board, commission or committee?
I'd like to contribute my knowledge and skills to the City. I believer civil service is something that
everybody should experience.
Upload a Resume
Are you an ex-Officio member of a City Board, commission or committee?
r Yes r No
AIhort hAnnto-7
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?
rYes rNo
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?
rYes 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 "NQ" to all questions above, please enter N/A.
N/A
Board-specific questions (if applicable)
Dlhort KAnnto-7
Question applies to LANDMARK COMMISSION
The Landmark Commission preferred representatives from certain categories. Do you qualify
for any of the following categories?
W Title Search Business
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
AIhort rxAnnto-7
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. 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
1 swear that all of the statements included in my application and attached documents, if any,
are true and correct.
W I Agree
Alhort KAnnto-7
Albert "Bet" Montez
337 Meldo Park, Corpus Christi, TX 78411
361-944-7481
bet.montez@stewart.com
WORK EXPERIENCE
09/19 - Present
Stewart Title of Corpus Christi
Position: Division President
I have been in a management role at Stewart Title for the last two years. I work
directly with our Division President and our Regional President to run the daily
operations of our office. I also manage a team of 6 examiners. My title examination
duties are almost solely on commercial projects. My main goal has been to establish
new policies and procedures in order to streamline the examination process, and we
have been very successful. I also work directly with the escrow teams to solve
curative issues and advise them on how to handle their more complex transactions.
As of November 1, 2021, 1 am now Division President of Stewart Title Corpus Christi
and have taken over all of the daily operations of the company.
11/2010 - 05/2019
Security Title, LLC, Corpus Christi, TX
Position: Manager/Title Dept.
As a Title Examiner, my duties consist of the researching, verification, and reporting
of Real Property Records and Official Public Records to determine the ownership of a
given piece of property. I am also required to frequently review civil suits, probates
and divorces and determine their impact to title of real property. The information
obtained is then turned into a title insurance policy to be issued to a customer. My
duties as a Title Examiner require me to verify that the information provided by a
customer is correct, and that all documents, seals, signatures and notarizations are
legal and acceptable to the company, and also require frequent interaction with the
general public.As the Manager of the Title Department, my duties consist of
overseeing and organizing the work of a team of six people. This includes organizing
and approving schedules, vacations and other time off, managing employee
workflows and ensuring that all work is done in a timely and efficient manner. I
conduct weekly status meetings and oversee any problems that may arise.
05/09 - 10/2010
Nueces County Appraisal District, Corpus Christi, TX
Position: Land Appraiser
As a Land Appraiser, it was my duty to research, verify and report on the sales and
values of agricultural land in Nueces County, Texas. I achieved this by applying
either the cost, income or market data approaches to value. This value is then used
for tax assessing purposes.
06/2003 - 10/2008
Stewart Title, Corpus Christi, TX
Position: Title Examiner, Escrow Assistant, Order Department
As a Title Examiner, my duties consisted of the researching, verification, and
reporting of Real Property Records and Official Public Records to determine the
ownership of a given piece of property. I was also required to frequently review civil
suits, probates and divorces and determine their impact to title of real property. The
information obtained was then turned into a Title Insurance Policy to be issued to a
customer. My duties as a Title Examiner required me to verify that the information
provided by a customer was correct, and that all documents, seals, signatures and
notarizations were legal and acceptable to the company. My duties as an Escrow
Assistant required frequent interaction with the general public.
As the head of the Order Department, my duties consisted of the researching and
verification of contracts and title requests from customers. Once verified, said
contracts and requests were approved to begin preliminary title work.
02/2003 - 06/2003
San Jacinto Title, Corpus Christi, TX
Position: Title Examiner
As a Title Examiner, my duties consisted of the researching, verification, and
reporting of Real Property Records and Official Public Records to determine the
ownership of a given piece of property. I was also required to frequently review civil
suits, probates and divorces and determine their impact to title of real property. The
information obtained was then turned into a Title Insurance Policy to be issued to a
customer. My duties as a Title Examiner required me to verify that the information
provided by a customer was correct, and that all documents, seals, signatures and
notarizations were legal and acceptable to the company.
06/2001 - 02/2003
First American Title, Corpus Christi, TX and Houston, Texas
Position: Title Examiner
As a Title Examiner, my duties consisted of the researching, verification, and
reporting of Real Property Records and Official Public Records to determine the
ownership of a given piece of property. I was also required to frequently review civil
suits, probates and divorces and determine their impact to title of real property. The
information obtained was then turned into a Title Insurance Policy to be issued to a
customer. My duties as a Title Examiner required me to verify that the information
provided by a customer was correct, and that all documents, seals, signatures and
notarizations were legal and acceptable to the company.
Education
08/1995 - 05/1999
Richard King High School, 5225 Gollihar Rd., Corpus Christi, TX 78412
09/2019 to Present
Texas A&M University Corpus Christi - College of Business
02/2009 - 05/2009
Real Estate Institute of Corpus Christi
21 semester hours
Certificate of Completion 05/2009
Other
Board of Tax Professional Examiners: Registered Member
Texas Land Title Association: Member 2003-Present
References
Jordan Anderson - Stewart Title
361-537-3156
Don Causey: Chief Deputy, Nueces County Appraisal District
361-696-7608
Suzanne Wesson: Former Administrator - Corpus Christi Independent School District
361-652-4455
CITY OF CORPUS CHRISTI Submit Date: Dec 16, 2021
Application for a City Board, Commission, Committee or Corporation
Profile
Walter Jeff Mumme
First Name Middle Initial Last Name
Email Address
5405 Sugar Creek
Street Address
Corpus Christi TX 78413
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?
45
Home: (361) 945-2082 Home: (361) 945-2082
Primary Phone Alternate Phone
self-employed real estate agent,
Cpldwell Banker Pacesetter
Steel _ _ Realtor_
Employer Job Title
Work Address - Street Address and Suite Number
5034 Holly
Work Address - City
Corpus Christi
Work Address - State
texas
Work Address- Zip Code
78411
\A/n1tor loff KAt Immo
Work Phone
3619929231
Work E-mail address
jeffmummepcoldwellbanker.com
Preferred Mailing Address
W Home/Primary Address
Which Boards would you like to apply for?
LANDMARK COMMISSION: 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)
Church Unlimited Coldwell Banker Pacesetter Steel Corpus Christi association of realtors Public relations
committee
Why are you interested in serving on a City board, commission or committee?
Interested in preserving Landmark sites in the coastal bend area.
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 c: No
Demographics
\A/nitor loff AAi immo
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 "NO" to all questions above, please enter N/A.
N/A
Board-specific questions (if applicable)
WnItor loff Ui ammo
Question applies to LANDMARK COMMISSION
The Landmark Commission preferred representatives from certain categories. Do you qualify
for any of the following categories?
W Licensed Real Estate Salesperson
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
\A/!nItor loff AAi immo
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 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
\A/�Itor loff AAi Immo
CITY OF CORPUS CHRISTI Submit Date: Dec 16, 2021
Application for a City Board, Commission, Committee or Corporation
Profile
Merced V. Pena
First Name Middle Initial Last Name
Email Address
4622 Brookdale Dr. Corpus Christi TX
Street Address Suite or Apt
Corpus Christi TX 78415
City._.. State Postal Code -
What district do you live in?
W District 2
Current resident of the city?
r Yes r No
If yes, how many years?
70 years
Home: (361) 429-5955
Primary Phone Alternate Phone
Retired
Employer Job Title
Work Address - Street Address and Suite Number
Work E-mail address
Mercedormybizness@gmail
Preferred Mailing Address
W Home/Primary Address
Which Boards would you like to apply for?
LANDMARK COMMISSION: Submitted
Interests & Experiences
NA,mrr,caA \/ Donn
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)
High school, associate degree,counselor, administrator
Why are you interested in serving on a City board, commission or committee?
Help the city.
Are you an ex-Officio member of a City Board, commission or committee?
rYes rNo
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 (-- 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
KAorf-orl \/ Dona
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?
fJ 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 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 CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY
Are you a qualified voter* residing in the Authority? (Note: Authority includes the following
services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll,
Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown)
r Yes r No
Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY
The City Council designates at least one of its appointees to represent the interests of the
"transportation disadvantaged". "Transportation disadvantaged" is defined as meaning the
elderly, persons with disabilities, and low-income individuals. State law does not mandate
that the board member be transportation disadvantaged. Can you represent the interests of
the "transportation disadvantaged"?
r Yes No
KAorrori \/ Donn
Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY
Explain how you represent the interests of the transportation disadvantaged. (If No, enter
"N/A")
Question applies to LANDMARK COMMISSION
The Landmark Commission preferred representatives from certain categories. Do you qualify
for any of the following categories?
W At-Large
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?
(.- Yes r No
Question 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
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
KAorrrorl \/ Donn
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
Unrrrorl \/ Donn
CITY OF CORPUS CHRISTI Submit Date: Nov 23, 2021
Application for a City Board, Commission, Committee or Corporation
Profile
Mr Elgin Wade Williams_ PE
Prefix First Name Middle Initial Last Name Suffix
Email Address
325 Cape Cod
Street Address
Corpus Christi TX 78412
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?
35
Mobile: (361) 558-3288 Home: (361) 558-3288
Primary Phone Alternate Phone
D2 Engineering, LLC _ Owner
Employer Job Title
Work Address - Street Address and Suite Number
325 Cape Cod, Corpus Christi,TX 78412
Work Phone
361 5583288
Work E-mail address
wade@d2engineer.com
Preferred Mailing Address
W Home/Primary Address
KAr Glnin \A/nrJo Willinme DG
Which Boards would you like to apply for?
LANDMARK COMMISSION: 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)
Registered Professional Engineer, State of Texas, Number 66328 Bachelor of Science, Maritime Systems
Engineering, Texas A& M University, 1979
If you applied for multiple boards, which boards are you most interested in serving on, in
order of preference? (Limit to top three)
Marina
Why are you interested in serving on a City board, commission or committee?
believe in serving the community and have skills that will add value to decisions made. When I moved to
Corpus Christi as a young Engineer I personally conducted the underwater survey of damage to our
Seawall and L-Head/T-Head structures with Goldston Engineering.The resultant reports and design
proposal was adopted by the city and is in place today. Furthermore I was instrumental in collecting and
presenting data to Congress that brought the Homeport to Corpus Christi. I worked on the GCCA Redfish
hatchery and King Ranch Shrimp Farm in the 1980. 1 went on to work in the International Oil and Gas
Industry as an engineer and progressed to VP of a Major Supplier of Equipment and Services Worldwide.
I had 200 employees and offices in Corpus Christi, Houston, Chicago, Norway, Dubai and Singapore.
After retiring I started an independent engineering company focused on Texas Windstorm Certifications
and Marine Industrial Infrastructure.
Upicad a Resume
Are you an ex-Officio member of a City Board, commission or committee?
r• Yes (- 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
hAr PInin Wnrin \A/illinmc DP
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)
AAr �Inin Wnrio Williomc DP:
Question applies to LANDMARK COMMISSION
The Landmark Commission preferred representatives from certain categories. Do you qualify
for any of the following categories?
W Structural or Civil Engineer
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?
f Yes r No
Question 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?
rYes rNo
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
AAr Glrvin Wntlo \A/illinmc DG
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
KAr Mnin Wnrin Willinmc D�
WADE WILLIAMS, PE
Corpus Christi, TX linkedin.com/in/wade-williams-b9992345/
361.558.3288 wadeCc�d2engineer.com
CAREER PROFILE
Professional Engineer with extensive Project Management experience
in the oil and gas industry. Strengths include:
Mechanical/Structural/Civil/Marine Project Construction, Planning,
Administration, Design and Estimating.
• Strategic Planning
• Budgeting
• Management and Leadership skills
• Compliance
PROFESSIONAL EXPERIENCE
FMC TECHNOLOGIES, Corpus Christi, TX
1988 - 2017
VP & GENERAL MANAGER SYSTEMS BUSINESS, 2007-2017
• Management of FMC's Measurement Solutions Systems
businesses to include Corpus Christi, Texas, Kongsberg,
Norway and the Global Sales and After Market organizations
• Annual revenue of $100M+ with 200+/- employees
• Oversaw the Strategic Planning, Budgeting, Execution,
Sales, Leadership and Compliance
OPERATIONS MANAGER, 2000-2007
• Design, Administration, Estimating, and Fabrication of
Petroleum Metering and Blending projects worldwide
• Projects required expertise with piping systems, vessels,
structural models, shipboard dynamics, pumps, meters
valves, painting, and instrumentation
• Worked closely with an international customer base and
supervised several Engineers and Designers to complete
these projects
• Supervised design, fabrication, and erection activities
locally and overseas.
• Annual revenue of $35M+ with 80+/- employees.
ENGINEERING MANAGER, 1998 - 2000
• Directed engineering, designing and drafting efforts
associated with the quotation, negotiation, concept approval,
and construction of engineered metering systems
mechanical and electrical engineering department
PEARSONS ENGINEERING AND CONSTRUCTION, Corpus
Christi, TX
• Performed the design, fabrication and erection of an enclosed
conveyor system 1.2 miles long
• Estimated construction costs and designed structural modules
and special fixtures for fabrication and assembly
GOLDSTON ENGINEERING, Corpus Christi, TX
• Performed site surveys of Marina Facilities for the City of Corpus
Christi
• Supervised the survey inclusive of underwater inspections, soil
borings, and utility assessments
• Project planning, permitting, design and construction
management for a major shrimp farm on the King Ranch
encompassing over 1.000 acres and capable of pumping over 1
million gallons per day of water
• Conceptual planning for US Navy Home Port facilities on the
Corpus Christi Bay
LOCKHEED OCEAN SYSTEMS, Corpus Christi, TX
• Design improvement of oil skimming equipment, which
incorporated a variety of specialized power trains. Supervised
offshore installations of impressed current systems and designed
several special tools for difficult installation logistics in heavy
seas.
• Design modifications, trouble shooting and spares planning for all
hydraulic systems utilized for the installation of the first
compliant drilling and production structure deployed in 1,000
feet of water. Planned, permitted and designed marine
construction yards and associated waterways.
• Performed hazard analysis and reliability assessments for several
offshore platforms in the North Sea.
• Design and analysis of mechanical and structural components for
advanced offshore installations. Analyzed stresses induced on
shipboard handling equipment for deploying and retrieving
specialized payloads in rough seas.
EDUCATION
Registered Professional Engineer, State of Texas
B.S., Maritime Systems Engineering, Texas A & M University
�US Com,`
AGENDA MEMORANDUM
IS52
Action Item for the City Council Meeting of February 22, 2022
DATE: February 14, 022
TO: Peter Zanoni, City Manager
FROM: Steve Viera, Assistant City Manager
Stevev(a)cctexas.com
361-826-3445
Amending the FY 2022 Operating Budget to Account for the
Establishment of the City Operated Corpus Christi-Nueces County
Public Health District, effective March 1, 2022
CAPTION:
One-reading ordinance repealing Ordinance No. 032593; and amending the City of
Corpus Christi operating budget for Fiscal Year 2021-2022 to establish the budget for
the City Operated Corpus Christi-Nueces County Public Health District; and
appropriating funds as provided in the budget for the City Operated Corpus Christi-
Nueces County Public Health District.
SUMMARY:
This agenda item is needed to align the funding and positions for the newly created City
operated Corpus Christi-Nueces County Public Health District.
BACKGROUND AND FINDINGS:
On November 9, 2021, the City Council approved Ordinance No. 032593 creating the
Corpus Christi Health Department, effective January 18, 2022. Since that time, the City
of Corpus Christi and Nueces County have negotiated a different business plan which is
the creation of a City operated Corpus Christi-Nueces County Public Health District,
effective March 1 , 2022. The Amended Cooperative Agreement for the City-Operated
Corpus Christi-Nueces County Public Health District was approved by the Nueces
County Commissioners on February 14, 2022 and by the Corpus Christi City Council on
February 15, 2022.
Funding previously allocated to the City's participation in the jointly run Health District
will be redirected to the new City Operated Corpus Christi-Nueces County Public Health
District. Additionally, Nueces County will remit payment of $943,000 to the City of
Corpus Christi for its remaining FY 2022 budget for the County's portion of the Health
District as outlined in Section 4 of the Amended Cooperative Agreement. A portion of
the $943,000 is already budgeted by the City as a reimbursement for five positions,
information technology costs and building costs, leaving $660,771 to be appropriated for
the remainder of this fiscal year. This agenda item will amend the City of Corpus Christi's
Fiscal Year (FY) 2022 operating budget to line up the budget to account for the new City
Operated Health District. Additionally, a new fund (Fund 1049) will be added to the
City's FY 2022 operating budget to account for the budget and positions related to
Nueces County's 1115 Waiver Program. Nueces County will remit payment of$837,400
for the 1115 Waiver Program and this amount is also being appropriated with this agenda
item.
The total number of budgeted positions (excluding grants) in the City Operated Corpus
Christi-Nueces County Public Health District will be 60. This is made up of 29 City
positions, 20 County positions, and 11 positions from the County's 1115 Waiver
Program.
ALTERNATIVES:
n/a
FINANCIAL IMPACT:
Funding previously allocated to the City's participation in the Health District will be
redirected to new orgs and a new fund for the County's 1115 Waiver Program created
for the new City Operated Corpus Christi-Nueces County Public Health District effective
March 1 , 2022. Additionally, Nueces County will remit payment to the City of Corpus
Christi for its remaining FY 2022 budget for the County's portion of the Health District as
outlined in Section 4 of the Amended Cooperative Agreement.
FUNDING DETAIL:
Fund: 1020 General Fund
Organization/Activity: 12602 Health District Cooperative Agreement
Fund: 1049 Public Health District 1115 Waiver Fund
Organization/Activity: 12665 Medicare 1115 Waiver
RECOMMENDATION:
Staff recommends the approval of a one-reading ordinance to repeal Ordinance Number
032593; and to amend the City of Corpus Christi's FY 2021-2022 Operating Budget to
establish the budget and appropriate funds for the City Operated Corpus Christi-Nueces
County Public Health District to account for revenue, general fund positions, and 1115
waiver positions added pursuant to the Amended Cooperative Agreement for City
Operated Corpus Christi-Nueces County Public Health District.
LIST OF SUPPORTING DOCUMENTS:
Ordinance with Exhibits
Amended Cooperative Agreement for City-Owned Corpus Christi-Nueces County Public
Health District
Presentation
One-reading ordinance repealing Ordinance No. 032593; amending the City
of Corpus Christi Operating Budget for the Fiscal Year 2021-2022 to establish
the budget for the City Operated Corpus Christi-Nueces County Public
Health District; and appropriating funds as provided in the budget for the
City Operated Corpus Christi-Nueces County Public Health District.
WHEREAS, the City and County are have entered a Cooperative Agreement to
provide for the City Operation of the Corpus Christi-Nueces County Public Health District
effective March 1 , 2022.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. Ordinance No. 032593 is hereby repealed.
SECTION 2. Effective March 1, 2022, the Operating Budget for the Fiscal Year 2021-
2022 is amended to establish and add the City Operated Corpus Christi-Nueces County
Public Health District with 60 positions, as shown in Exhibit A attached to and
incorporated in this ordinance. The 60 positions do not account for grant-funded positions.
The number of positions authorized for the City Operated Corpus Christi-Nueces County
Public Health District represents the number of positions that the City and County
maintained under the previous Cooperative Agreement for the Public Health District.
SECTION 3. Effective March 1 , 2022, the Operating Budget for the Fiscal Year 2021-
2022 is amended to add the Nueces County membership contributions to City Operated
Corpus Christi-Nueces County Public Health District revenue, as shown in Exhibit B
attached to and incorporated in this ordinance.
SECTION 4. Effective March 1 , 2022, the Operating Budget for the Fiscal Year 2021-
2022 is amended to add the City Operated Corpus Christi-Nueces County Public Health
District expenditures, as shown in Exhibit C attached to and incorporated in this
ordinance.
SECTION 5. Effective March 1 , 2022, the Nueces County membership contributions for
the City Operated Corpus Christi-Nueces County Public Health District, as shown in
Exhibit B, are appropriated to cover the sums for the City Operated Corpus Christi-
Nueces County Public Health District expenditures, as shown in Exhibit C.
SECTION 6. 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
I
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2.17.22.docx
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 in this ordinance be given full force and effect for its purpose.
SECTION 7. Upon the written request of the Mayor or majority of the members of the
Council, copy attached, the City Council: (1) finds and declares an emergency due to
the need for immediate action necessary for the efficient and effective administration of
City affairs; and (2) suspends the City Charter rule that requires consideration of and
voting upon ordinances at two regular meetings so that this ordinance is passed and
takes effect upon first reading as an emergency measure on this the day of
2022.
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
day of 2022
Corpus Christi, Texas
PASSED AND APPROVED on this the day of 2022.
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances at two regular meetings: I/we, therefore, request that you suspend said
Charter rule and pass this ordinance finally on the date it is introduced or at the present
meeting of the City Council.
z
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Respectfully, Respectfully,
Paulette M. Guajardo
Mayor
Council Members
The above ordinance was passed by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
3
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Personnel Summary
FY 2019- 2020 FY 2020- 2021 FY 2021-2022
Adopted Amended
EXHIBIT A
Health District Summary
Personnel Classifcation Position Total Position Total
•p • 29 •
Total: 31 • 29 •
City Operated Corpus Christi-Nueces County Public Health District Summary
Personnel Summary
FY 2019- 2020 FY 2020- 2021 FY 2021 - 2022
Adopted Amended
Personnel Classifcation Position Total Position Total
• • • • .•
• • • .•
City of Corpus Christi - Budget
General Fund 1020
Health District
origmai amended
EXHIBIT B
Actuals Budget Budget Estimated Adopted Amended
Account Organization Name 2019-2020 2020-2021 2020-2021 2020-2021 2021 WA$], 2021-2022
Health District
City of Corpus Christi - Budget
General Fund 1020
City Operated Public Health District
Original Amended
Actuals Budget Budget Estimated Adopted Amended
Account Organization Name 2019-2020 2020-2021 2020-2021 2020-2021 2021-2022 2021-2022
OperatedCity
303031 City Operated943,000
Total Revenue $ 943,000
City of Corpus Christi - Budget
City
Public Health District 1115 Waiver Fund 1049
City Operated Public Health District
Original Amended
Actuals Budget Budget Estimated Adopted Amended
Account Organization Name 2019-2020 2020-2021 2020-2021 2020-2021 2021-2022 2021-2022
Operated Health District
12665 1115 Waiver revenue $ 837,400
Total Revenue $ 837,400
EXHIBIT C
BudgetCity of Corpus Christi -General Fund •
Health District Expenditure Detail
Original Amended
Actuals Budget Budget Estimated Adopted Amended
Account Organization Name 2019-2020 2020-2021 2020-2021 2020-2021 2021-2022 2021-2022
Health District
12600 Health Administration $ 653,068 $ 1,220,091 $ 1,250,024 $ 1,209,749 $ 1,278,682 $ 485,221
12610 Health Office Building 420,754 486,680 502,386 502,387 465,256 194,222
12611 Regional Health Awareness Board 1,818 0 0 0 0 0
12615 TB Clinic-Health Department 57,995 133,340 137,864 154,561 155,605 64,258
12630 Vital Statistics 136,958 222,349 222,503 210,013 224,852 89,800
12640 Environmental Health Inspect 307,294 503,829 503,831 457,136 518,947 204,590
12650 STD Clinic 77,557 108,290 108,292 113,044 134,564 51,297
12660 Immunization 139,703 268,581 299,185 250,434 268,412 126,438
12661 COVID-19 Vaccination 0 0 0 25,747 0 0
12666 Wellness Initiatives 5,795 0 0 0 0 0
12690 Nursing Health Svc 151,422 137,901 140,760 131,922 212,486 88,127
12700 Laboratory 179,961 269,556 269,558 251,871 282,961 120,378
Health District Total $ 2,132,324 $ 3,350,617 $ 3,434,401 $ 3,306,865 $ 3,541,765 $ 1,424,329
* Includes$70,928.73 in FY 2021 Purchase Order carryforward appropriations
City Operated Corpus Christi-Nueces County Public Health District Expenditure Detail
Original Amended
Actuals Budget Budget Estimated Adopted Amended
Account Organization Name 2019-2020 2020-2021 2020-2021 2020-2021 2021-2022 2021-2022
City Operated Health District
12601 Health Administration $ - $ - $ $ - $ $ 794,332
12612 Health Office Building 0 0 0 0 0 273,326
12616 TB Clinic-Health Department 0 0 0 0 0 97,780
12631 Vital Statistics 0 0 0 0 0 138,691
12641 Environmental Health Inspect 0 0 0 0 0 327,873
12651 STD Clinic 0 0 0 0 0 83,267
12662 Immunization 0 0 0 0 0 178,193
12691 Nursing Health Svc 0 0 0 0 0 131,935
12701 Laboratory 0 0 0 0 0 162,968
City Operated Health District Total $ $ $ $ $ $ 2,188,365
Expenditures:
12602 Health District Coop Agreement $ $ $ $ $ $ 660,771
Total Expenditures $ $ $ $ $ $ 660,771
Expenditures:
12665 1115 Waiver expenditures $ $ $ $ $ $ 837,400
Total Expenditures $ $ $ $ $ $ 837,400
Total Budget City Operated Corpus Christi-Nueces County Public Health District-March 1,2022 thru September 30,2022 3,686,536
A.
Amended Cooperative Agreement for City-Operated
Corpus Christi-Nueces County Public Health District
WHEREAS, the City of Corpus Christi ("City") and Nueces County, Texas ("County") established the Corpus
Christi-Nueces County Public Health District(the"Health District")through a Cooperative Agreement(the"Cooperative
Agreement") on or about September 30, 1984 for the cooperative administration of local public health programs
and reformed the arrangement on April 21, 2009 pursuant to Chapter 121 of the Texas Health and Safety Code,
and operated the Health District continuously since its formation with both City and County employees since that
date;
WHEREAS, the City and County amended that Agreement pursuant to Chapter 121 of the Texas Health and
Safety Code with the First Amendment to the Reformed Cooperative Agreement to Operate a Public Health District effective
September 1,2013,the Second Amendment to the Reformed Cooperative Agreement to Operate a Public Health District effective
October 1, 2017, and the Third Amendment to the Reformed Cooperative Agreement to Operate a Public Health District to
Extend GO Withdrawal to February 17,2022 to Provide for Negotiations, effective January 14,2022;
WHEREAS, the Parties are agreeing to further amend the Cooperative Agreement to provide for the City's
exclusive management of the Health District recognizing multiple studies over the past two decades have
determined that the Health District should be restructured to provide additional operational efficiencies and
improve employee morale,but reforms thereof have been stymied by the dual nature of management of the Health
District;
WHEREAS, the Health District primarily services an underserved population as defined in the Texas Health
Institute Health Equities study, and the Health District Facilities are generally located geographically within those
underserved areas, the Services provided under the Texas Healthcare Transformation and Quality Improvement
Program will continue to focus on those areas of need identified 117 the Health Equities study of April 2021;and
WHEREAS, by majority vote of each of the members of the Health District, the Cooperative Agreement and
subsequent amendments are hereby amended, reformed,and restated as set forth herein.
NOW THEREFORE, the City and County agree as follows:
Section 1.Preamble&Parties.The preamble clauses are hereby adopted and acknowledged to establish the intent
of the Parties.All parts of this Agreement are intended to comply with Texas law,and to the extent any portion is
found to be contrary to Texas law, that will not affect the enforceability of the remainder of the Agreement. This
Amended Cooperative Agreement ("Agreement") is between the City and the County as the original, current, and
sole Health District members, and the provisions herein will be effective on the Effective Date of this Agreement
(the"Effective Date'D.
Section 2. Organizational Structure.
a. GO Operation of Health District. The City shall administer all of the services of the Health District, as identified
herein (the "Services") and shall have administrative responsibility for all day-to-day operations of the Health
District, administratively supervise all employees of the Health District, and prepare the annual budget of the
District. The Health District will be composed exclusively of City employees, except for the grant employees
described in Section 2b while the grant is transitioning to the City.
As of the Effective Date,the City shall be solely responsible for the Health District's compliance with all municipal,
state, and federal laws, rules, and regulations. The City will handle legal representation of the Health District for
causes of action arising after the Effective Date. The City's defense of the Health District will include defense
through potential judgment and appeal of a court proceeding arising from that post-Effective Date cause of action
and the City shall bear all costs and expenses of that defense of the Health District.The City and the Health District
are hereby presumed to not have a conflict of interest, and the City intends to utilize singular counsel to represent
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both the City and the Health District in defense of causes of action arising after the Effective Date of this
Agreement.
The City will have sole authority to employ/appoint, direct, discipline, and terminate all employees of the Health
District, including, but not limited to, the Health District Director, Assistant Health Directors, and Division
Administrators. The City may re-organize the Health District business model at any time, eliminate positions, and
create positions,so long as those Services required by Health and Safety Code 121.006(d),and the continued service
of active grants are met.Associated savings will be shared with the County,and the County has the option to decline
increased services associated with increased expenses.
If,prior to the end of the 2021-2022 fiscal year,the City terminates,without good cause,an FLSA non-exempt ex-
County Health District employee (graded in 100 levels for City purposes) from the Health District who was hired
by the City after the Effective Date of this Agreement, then the City will apply its Reduction in Force policy to
attempt a placement of that employee elsewhere in the City organization with a priority on placement within the
Health District.
To the extent that the County has awarded ARPA (American Rescue Plan Act) premium pay and or Retention
Grant awards to County employees who become City employees,those awards will transfer to the City to continue
to administer to those employees at the rate determined by the Commissioners Court for the remainder the 2021-
2022 fiscal year, but only as long as the employee remains with the City Health District. The City will invoice the
County periodically for the amount of the ARIA pay earned by each employee for the previous period, and the
County will send that pay in a separate check to the City.The City will then distribute said pay to the former County
employees as additional, temporary premium pay and make all required deductions therefrom.
b. Grants requiring County Employment. If the terms of a grant require a grant-funded position to continue employment
directly by the County, then that position may continue in County employ until the grant can be modified to allow
for City employment. The parties will work to obtain modification of that grant to allow for that position to be
changed as soon as possible.After the Effective Date, these County Employees will nevertheless be subject to the
City policies,rules, and regulations, and the management of the Health District will have full authority over all the
conditions of their employment including evaluation, directions, discipline, and termination as long as they are
performing Health District Services. Employees occupying positions previously in County Departments 3091
(City/ County Health Unit) and or 1377 (1115 Waiver)will not be considered within the scope of this paragraph.
c. Health District Reorganization. Upon the Effective Date, the Health District will be considered to be reorganized,
and all employees will be considered effectively terminated from any position they hold, and all positions in the
Health District will be considered newly created, and both City employees and County employees who are
occupying any positions with similar titles following the Effective Date of this Agreement will be considered to no
longer be employed by either entity unless the City chooses to retain them in the newly created Health District
positions. The newly created positions will be occupied by City employees, regardless of which entity previously
employed them.
d. County Employeesgh en same rights to Apply for Open Health District Positions as City Employee..Non-executive employee
positions in the Health District will initially be open for internal applicants of the I Iealth District,including County
employees. The Health District shall be an equal employment opportunity employer and utilize the City's
employment policies and procedures. All positions shall be filled without regard for the race, national origin,
religion, sex, sexual orientation, gender identity, disability, age, or transgender, veteran, or marital status, or any
other protected status of any applicant.
e. Rollover of Sick dam'Vacation Time to City, FML.-I. County employees who worked for the Health District who are
hired by the City after the Effective Date shall be granted the right to roll over up to 40 hours of their accrued
unused County Sick Leave and up to 240 hours of their accrued unused County Vacation Leave into their Sick
Leave and Vacation Leave accounts with the City. To obtain the benefit of this rollover,a County employee must
first take the full payout of their accrued vacation leave(up to 96 hours).
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Former Health District employees who were County employees shall not be subject to the City's initial-hiring
probationary period or be restricted in the use of their paid leave as a result of being employed by the City for less
than 6 months. Additionally, former Health District employees who were FMI_A-eligible County employees shall
not be denied eligibility for protected leave under the Family and Medical Leave Act("FMLA") because they have
not been employed by the City for at least one year or be considered to have worked fewer than 1250 hours in the
past 12 months,if they have met these requirements during their employment by the County, and their allotment
of available FMLA shall be adjusted by the number of hours such employee used in the rolling back twelve-month
period before becoming a City employee. County employees who are rehired by the City will immediately qualify
for health insurance coverage,and will not suffer a break in coverage caused by their move to the City. For purposes
of vacation leave accrual, if a former County Health District employee is hired by the City for Health District
Services,then that former County employee's years of service will be calculated on the basis of their years of service
with the County in addition to their years with the City.
Section 4. Financial Administration.
a. GO Payment for Health District. Subject to receipt of funds from the County, other entities paying for services of
the health district, and other entities that have agreed to provide grants and other payments for operation of the
health district, the City will pay for administration of the Health District pursuant to Tex. Health&Safety Code
121.047.
b. County Payments for Health District.
(1)The County's membership contribution for Fiscal Year 2021-2022 County Dep't 3091 City/Co Health
Unit will be$943,00 (remaining budgeted amount in that County fund) and for County Dep't 1377-1115
Waiver Funds will be$837,400(remaining budgeted amount in that County fund minus unfilled employee
positions without job descriptions). The County's membership contributions for Fiscal Year 2021-2022
will be due in equal monthly installments of$134,714 and $119,629 for each of the two aforementioned
funds for the remainder of Fiscal Year 2021-2022 no later than the first day of each month. These
amounts shall be in addition to the transferred grant amounts described in subsection c.(2)below.
In addition, payments owed on the Effective Date for past services of the Health District (currently
estimated at$320,426)will be brought current within 30 days after the Effective Date of this Agreement.
(This number will be identified at the time oj'signing and may be differen1from the number listed today 214122)
(2)The City and the County agree to negotiate payments for future fiscal years before or concurrent with
the budgeting process for the Parties and before adopting future budgets. Agreement on such payment
amounts shall be reached by July 1st prior to each fiscal year, and in the absence of Agreement, the City
may terminate and/or suspend services where payment has not been agreed upon on the October V
beginning the fiscal year for which the I lealth District budget is being negotiated.
(3) Each party acknowledges that services or costs for services in future years may change depending on
the available funding from grants,general funds available from each party,and other funding sources.
(4) If the County is in arrears on payments more than 90 days to the City,the Health District may suspend
all or some of the services provided to areas outside the City limits and/or require payment for services
provided to non-City residents and/or suspend the operation of County-requested programs and/or
programs established to benefit the County or Hospital District.Such suspension may be for the period of
arrearage or other period as necessary to ensure the Health District is operated with its budget.Both sides
acknowledge that some programs may not be suspended in order to comply with grant conditions or laws,
but such failure to suspend shall not waive the City's rights pursuant to this paragraph.
(5) The following contracts of the I lealth District that were approved by the County will be adopted by
the City,and the City will be responsible for compliance with the terms therein:
Contract Period of Performance Amount
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OU with Health District-HHS001031800022 09/01/2021 -08/31/2023 No Cost
neat and control the spread of infectious disease
OU with Health District 09/08/2020-08/25/2020 No Cost
onfidendal Data
Vital Statistics Agreement with Health District 09/01/2018-08/31/2023 $1.83 per printed
(City) record
yccess to DSHS Online Database
Service Agreement with City 12/28/2020- 12/28/2023 $29,500
Drinking water testing
Additional contracts of Health District that were approved by the County may be adopted by the City so
long as the funding source associated with the Contract is also transferred to the City. Adoption will be
determined by the City Manager.
c. Grants and Income of the health District.
(1) Unless prohibited by the grant's terms, all grants will remain with the Health District and be managed
by the City. Existing grant funds will be transferred to the control and administration of the City. The
County will provide for the assignment, reassignment, transfer, and/or regnant of Health District grants
managed by the County to the City in a manner that ensures that funding for functions being provided by
the Health District is provided to the City for the payment of employee positions shifted to City
employment. If grants are delayed,restricted,or slowed,the City will not consider the County responsible
therefor,but the County agrees to use its best efforts to provide for transfer of grant control to the City.
(2)The County acknowledges that the City is currently relying on the following grants for operation of the
Health District, and will take all steps necessary to ensure that the City may administer funds from for all
grants for the benefit of the Health District including but not limited to the following grants:
Name of Grant(County Administered Time Period Grant Amount Match
HHS000812700015,Amendment No.1 9/10/2020—7/31/2023 $3,550,004
IDCU/COVID
HHS001077800001 09/09/2021 -06/30/2023 $900,000
COVID - Public Health Crisis Response
Cooperative Agreement
CONTRACT NO.HHS001057600014 9/01/2021 -5/31/2023 $500,000
COBID-19 Health Disparities Grant
HHS000288900003 01/01/2019-08/31/2022 $1,011,806
STD/I1IV contract
CONTRACT NO. 537-18-0368-00001, 9/01/2021 -8/31/2022 $209,694
Amendment No.4
HIV surveillance
537-18-0172-00001,Amendment No.5 07/01/2017-06/30/2022 $1,306,072 $24,000 for
FY 2022
Public Health Emergency Preparedness
Contract
HHS000812700015 8/01/2020—4/30/2022 $1,410,636
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IDCU/COVID
TX Beach Water 2632 21-043-001 Work $127,000
Order#C992
Retention Grant if not distributed by March $
1st
Name of Grant(City Administered) Time Period Amount Match
HHS000802100001 10/01/2020-09/20/2025 $1,005,493
Women,Infants and Children's Nutrition for FY22 funding
Grant Program year
HHS001019500010,Amendment No.1 5/14/2021 -06/30/2024 322,800,779
COVID-19 Vaccination Capacity Contract
HHS001021100001 09/01/2021 -08/31/2023 $328,736.00
Preventive Health and Health Services Block
Grant
HHS000442100001 09/01/2021 -08/31/2023 $10,000
Laboratory response network influenza
surveillance and epiderniology grant contract
HHS001076700001 11/02/2021 -06/30/2023 $1,550,000
CPS-PH-Workforce
HHS001096400011 12/16/2021 -12/31/2022 $58,014 $9,669
TUBERCULOSIS PREVENTION AND
CONTROL — FEDERAL GRANT
PROGRAM
HHS000114000001,Amendment No.3 9/01/2018—8/31/2022 $1,058,988
BEIM/LOCALS
HHS000436300009, AMENDMENT NO. 9/01/2021—8/31/2022 $409,711
2
TEXAS EPIDEMIOLOGY CAPACITY
EXPANSION GRANT PROGRAM
HHS000112500001,AMENDMENT NO.2 9/01/2021 —8/31/2022 $112,000
laboratory services for the analysis of bay water
samples
HHS000461700001,AMENDMENT NO.2 9/01/2021—8/31/2022 $61,645 ,12,329
DSHS TB Prevention and Control
537-18-0147-00001,Amendment No.5 07/01/2017-06/30/2022 $1,120,781 $20,555 for
Y2022
Laboratory Response Network (LRN-PIIEP)
Contract
HHS000904900001,AMENDMENT NO.2 05/15/2020-03/15/2022 $578,850
Coronavirus 2019 COVID-19 response
(3) County Grants for Health Services to he performed by Health District. The County reserves the right to seek
grants for the approval and acceptance of the City to perform public health functions,acknowledging that
the City will be the signor on the grant and the administrator of the funds.To the extent certain grants are
only available to a County,those grants would be awarded to the County,and those funds collected by the
County shall be paid to the City as the qualifying grant work is performed and documented. The City
reserves the discretion to refuse any grant obtained by the County or others.
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(4) Couno Grants for Health Services to be performed by County outside of Health District. It is the intent of this
Agreement that the Health District will perform the health services of the City and County to avoid
duplication of services for City and County taxpayers.The City and Health District will have the first right
to apply for grants to perform health services. If the County identifies a grant for which(1)neither the City
nor the Health District is eligible to receive and (2) the grant prohibits the transfer of funds to the City,
then the County, after approval by the County Commissioners Court at a meeting, may, apply for and
perform that grant.
(5)The City acknowledges that any reimbursement the County may receive as reimbursement for a portion
of its expenditures from the 1115 Waiver program are to be negotiated between the County and the
administrators of the program,independent of this Agreement,and do not impact the financial obligation
of the County to the District.This amount will not be used to increase the amount paid by the County for
the Services of the Health District. Ilealth District expenditures for documenting the 1115 waiver program
will be charged to the County.
(6) Income,including fees, charges,administrative penalties,and other payments attributable to the City's
administration of Health Department programs will inure to the Health District to be used for
administration of the Health District,including but not limited to:
fees and/or charges for the laboratory,
fees and/or charges for any clinic operated by the Health District,and
fees and/or charges for food establishments.
(7) Vital records fees previously paid to the Health District will inure to the City Secretary pursuant to
contract with the State Department of State Health Services,Contract Number,IIHSREV100000815.
Section 5.Modification of Cooperative Agreement.Any member may request a modification to this Agreement
bygiving at least 90 days written notice of its request with sufficient clarity to the other members. Modifications
will not become effective until approved by the governing bodies of each and every member.
Section 6.Admission of New Members.Additional governmental entities may request membership in the Health
District, for the purpose of receiving public health services, by making written application to the designated
representatives of the original members pursuant to Tex. Health&Safety Code 121.042 must be approved by the
governing bodies of each member and shall agree to contribute financially to the operation of the Health District
in relation to the cost of the provision of services for that new member.Should any member provide written notice
of withdrawal pursuant to Section 7,said withdrawing member shall not be able to prevent additional member from
joining the District during the withdrawal period.
Section 7. Withdrawal from Health District. Members may withdraw from the Health District upon not less
than 120 days written notice to all other members,with the understanding that all Health District Services provided
to the withdrawing member shall cease as of the Effective Date of the withdrawal, or sooner,if the member is in
arrearage.Withdrawal of a member does not result in dissolution of the Health District.To the extent not prohibited
by law,the Health District is intended by the parties to be able to continue with one member.
Section 8. Expulsion from Health District. Members may be expelled from membership in the Ilealth District
by agreement of the original members of the Health District. Prior to such expulsion, the affected party shall be
given reasonable opportunity to correct the action leading to such expulsion.
Section 9. Dissolution of Health District. The Health District may be dissolved by joint agreement of Nueces
County and the City of Corpus Christi. It is the intent of the parties that withdrawal of either member does not
result in dissolution of the Health District. If the withdrawal of member(s) from the Health District leaves it with
a single member, then the remaining member may choose to dissolve the Health District on its own motion or
continue to provide Services as it sees fit.
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Section 10. Selection and Removal of the Health District Director and Health Authority.City will have sole
authority to employ/appoint, direct, discipline, and terminate the Health District Director.The County hereby
delegates its authority to appoint,evaluate, direct,discipline,and terminate the Health District Director to the City
Manager pursuant to Tex. Health&Safety Code 5 121.045. If the Health District Director is not a physician, the
Health District Director shall appoint a person to serve as the Health Authority for the Health District.The Health
Authority shall be subject to approval of the governing bodies of the members and otherwise as required by
Tex. Health&Safety Code§ 121.045(d).The Health Director shall have the sole authority to determine conditions
of employment of the Health Authority, to the extent not prohibited by law, direct the Health Authority, and
terminate the Health Authority pursuant to Health&Safety Code§121.024,§121.0245,and§121.025. The County
Commissioners Court may, after motion in an open meeting, at any time, file a written request to the Health
Authority(with a copy to the Health Director and City Manager)requesting the Health Authority perform or cease
performing an action pursuant to his/her authority as a Health Authority. The City Manager, Health Director, or
designee thereof will respond to such request within 10 business days thereafter. If a matter within the authority of
the City Council is implicated by the response, then the Commissioners Court may request consideration of such
matter by the City Council.
Section 11.Filing of Agreement and Modifications.Pursuant to Texas Health and Safety Code§121.044,a copy
of this Agreement,including its attachments and counterparts,and any subsequent modifications shall be included
in the minutes of the governing body of each member of the Health District and filed with the county clerk of each
member county,the city secretary of each member municipality,and the Texas Department of State Health Services.
Section 12. Functions of the Health District.
a. Services and Programs. "Services" as used herein includes the following, pursuant to Tex. Health & Safety
Code § 121.006(d),which the City agrees to provide through the Health District after the Effective Date:
0 personal health promotion and maintenance services;
0 infectious disease control and prevention services;
• environmental and consumer health programs;
• public health education and information services;
• laboratory services;and
• administrative services
b. The City's assumption of the Health District enables services to be provided to the entirety of the county by the
Health District pursuant and subject to Tex. Health&Safety Code §121.043.Provision of the services to the parts
of Nueces County outside the City limits will be subject to receipt of County funds to pay for said services and
compliance with grant conditions and law applicable thereto.
Section 13.Additional Services provided to County.
a. Calderon Clinic.For FY 21-22,the City or Health District will provide health personnel(employees or contractors)
to operate a two-day per week health clinic in the Calderon Building in Robstown in exchange for the County's
funding the cost of the services offered. The clinic will be a satellite office of services currently provided by the
Health District.These services will begin on or before August 1, 2022, subject to agreement on funding by July 1,
2022 and sufficient facilities in the Calderon building to house the services. The days of operation will be chosen
by the County, with the understanding that days may need to be changed to account for occasional absences of
personnel.
b. Mobile.Heallb Clinic Bus.The City or Health District will provide health personnel (employees or contractors for
the operation of a 2-day per month mobile health clinic in exchange for the County provision of funds for such
function.The clinic will be a satellite office of services currently provided by the Health District. The County will
provide the bus,maintenance, and fuel for the said function. These services will begin by August 1,2022, subject
to bus availability and agreement on funding by July 1,2022.The County will provide the driver and motor vehicle
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liability insurance for operation of the bus. For Fiscal Year 2022-2023, the City will consider an expansion of the
health clinic bus to 4 days per month,conditioned on the County=agreement to payment for such additional expense.
Section 14. Reporting.
a. The Health District shall provide regular quarterly(first report to be in November of 2022 for the 4th quarter of
FY 21-22) written reports to the County Commissioners Court regarding the Service provided inside and outside
of the City limits.
b. The Health District will respond in a reasonable time in writing to the written requests of the County
Commissioners Court regarding all aspects of the operations of the Health District and the provision of Services
pursuant to this Amended Cooperative Agreement.
c. The Health District shall maintain all Health District records consistent with the"Texas Government Code, as
well as state and federal confidentiality and privacy laws, including but not limited to, the Health Insurance
Portability and Accountability Act of 1996 (HIPAA), and shall provide ready and immediate access to the County
to all documentation of the Health District, including but not limited to financial statements and supporting
documentation,with the caveat that some documentation may require de-identification measures for patients or
execution of HIPA-A-compliant documentation.
Section 15.Governmental Immunity is Retained and No Third-Party Beneficiaries.This Agreement is solely
between the City and the County.There are no third-party beneficiaries who may enforce this Agreement or any of
the agreements between the City and County, including, but not limited to, the original Memorandum of
Understanding, Cooperative Agreement, and other agreement(s) establishing the Health District or any
amendments or reformations thereto.Both parties maintain their governmental immunity and all attributes thereof
and do not waive any immunities by execution of this Agreement or any other documents.Further,all of the Health
District's activities are declared to be governmental and all of the activities of the City and the County and any of
the employees of either entity that are related to the Health District are declared to be governmental.No action of
any employee or officer of the City, County, or Health District may waive the governmental immunity of the City,
the County, or the Health District. All employees performing the governmental functions of the Health District
under this Agreement are considered Health District employees for purposes of asserting governmental immunity
and all acts of the Health District are governmental.
Section 16.Name of Health District.The name of the Health District is not changed at this time.The City will
consult with the County and granting agencies on the future name for the Health District and timing for
implementation hereof and expects to revisit that issue in the future. Following reasonable consultation with the
County and granting agencies, the City will have the authority to change the name of the Health District.
Section 17.Sunset Review of Health District.The City will initiate a Sunset Review of the Health District within
two years after the Effective Date and every 4 years thereafter. This Sunset Review will address the effectiveness
and efficiency of the business model and service delivery to the entities who are members of the Health District.
This Sunset Review will be performed by representatives appointed by the City Manager and the County
Commissioners Court. These representatives will include external health care professionals and a consultant. The
City Council will use the findings of the Sunset Report as an advisory tool to decide how to move forward with the
Ilealth District.
Section 18. Effective Date of Agreement. Following the approval of the governing body of each member and
execution by the designated representative of the Amended Agreement shall supersede the existing Agreements
and take effect at 12:00 am on March 1,2022(the"Effective Date"). Upon execution of this Agreement by both
parties,all prior withdrawals are hereby rescinded.
Signatures on the followingpage.
htTs://nuecesco-my.shuepointcom/personal/don ey8l94_nuec,esco corn/Doc2imentsJDesktop/Cit}•County Health D/Draft Amended Public Health DismaAgreement-2-14-22 for Cour[
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EXECUTED on the - day of /=�r�TyCA 2022.
On behalf of Nueces County,Texas:
BARBARA CANALES
NUECES COUNTY JUDGE
I(OMHHERNANDEZ rMmissioner,
N MAREZ
Commissioner, Precinct 1 Pre ' ct 3
d
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JOEZ BRENT CHESNEY
Commissione ,Precinct 2 Commissioner, Precinct 4
g\�g\O•NEgs
At °r
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Kara Sands, County Clerk
Approved as to Form:
jenny orsey,County Attorney
On behalf of City of Corpus Christi,Texas: Attest:
':;�
Peter Zanoni,City Manager Rebecca Huerta,City, ecretary
Approved as to Form:
2 V. .'L, /-;r 2rZ4
Miles Risley, City Attorne
https://nuccesco-my.sharepoint.com/personal/idoneySI94_nuecesco_com/Documents/Desktop/City County Health Divorce/Draft Amended Public Health District Agreement--2-14-22 for Court
printing.docs Page 9 of 9
20220081-2/14
One-reading ordinance creating the Corpus Christi Health Department;
amending the City of Corpus Christi Operating Budget for the Fiscal Year
2021-2022; providing for Health Department general fund positions (grant-
funded positions will be addressed in subsequent ordinances); and
providing for assignment and acceptance of grants.
WHEREAS, the creation of a City Health Department will enable the City to better
manage liability, provide better financial and performance accountability, pursue the
provision of health services to Corpus Christi residents more efficiently and effectively,
and more effectively collaborate with other health care providers and academia to form a
coordinated effort on public health initiatives;
WHEREAS, the creation of the City Health Department will enable the City to
create a high-performing, results-oriented organization that will be universally respected
by citizens, professional partners, and peer agencies.
WHEREAS, the City Council resolved the City of Corpus Christi to withdraw from
the Corpus Christi-Nueces County Public Health District(Health District) effective 90 days
after written notice provided to Nueces County pursuant to the Reformation of the
Cooperative Agreement to operate a Public Health District as amended and Texas Health
and Safety Code, Chapter 121;
WHEREAS, the City of Corpus Christi (City) provided Nueces County (County)
notice of the City's withdraw on October 19, 2021, effective 90 days thereafter, on January
18, 2022;
WHEREAS, new positions will be created within the new City Health Department,
and, upon withdrawal, all City-funded Health District positions will be eliminated, and
grant-funded positions will continue to be grant-funded;
WHEREAS, some duties of the Health Districts may be assigned to City
Departments other than the Health Department including potentially assigning Vital
Records to the City Secretary's Office;
WHEREAS, the City and County are currently negotiating to ensure no interruption
of services resulting from City's withdrawal from Health District;
WHEREAS, future City Councils action may be required to account for
negotiations with Nueces County, including a potential extension of the Health District;
WHEREAS, future City Councils action may be required to account for adjustment
1
SCANRI"4flErnr%
of reimbursement from Nueces County; and
WHEREAS, future City Councils action may be required to finalize budgeted positions
and expenditures.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The Corpus Christi Health Department is hereby created and established.
SECTION 2. Corpus Christi Code Sec 2-51, Subsection (8) is amended as follows:
(8) Corpus Fist— AI—TueGes
A publin health dictrint that pFeyides feF the epeFatiGR and
Health Department.
A department that provides for the operation and promotion of local public health
programs.
SECTION 3. The Operating Budget for the Fiscal Year 2021- 2022 is amended to add
the Health Department with 50 positions, as shown in Exhibit A attached to and
incorporated in this ordinance. The 50 positions do not account for grant-funded positions.
The number of positions authorized for the Health Department represents the estimated
maximum number of positions that may be needed for the transition of health services
from Health District to Health Department. To account for previous duties managed by
the Health District, the City Manager is authorized to allocate positions from and to the
Health Department to other City Departments to the extent funds are budgeted. Future
Council Action may finalize the number of positions after the transition.
SECTION 4. The Operating Budget for the Fiscal Year 2021- 2022 is amended to add
the Health Department to the Organizational Chart, as shown in Exhibit B attached to
and incorporated in this ordinance.
SECTION 5. The Operating Budget for the Fiscal Year 2021- 2022 is amended to add
the Health Department to expenditures, as shown in Exhibit C attached to and
incorporated in this ordinance.
SECTION 6. Effective January 18, 2022, the Operating Budget for the Fiscal Year 2021-
2022 is amended to reduce the FTEs for the Health District to 0, as shown in Exhibit A
attached to and incorporated in this ordinance. If an extension of the Public Health District
is required per negotiations with Nueces County, up to 29 temporary general fund
positions are authorized until the end of such extension.
SECTION 7. The City Manager or designee is authorized to request, submit, and execute
all documents necessary to assign and accept the assignment of grants, including grants
that were to the Corpus Christi-Nueces County Health District. Health and Human
Services Commission, Department of State Health Services, and other System Agencies
grant contracts may be assigned to the City to continue grant services.
SECTION 8. 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 in this ordinance be given full force and effect for its purpose.
SECTION 9. Upon the written request of the Mayor or majority of the members of the
Council, copy attached, the City Council: (1) finds and declares an emergency due to
the need for immediate action necessary for the efficient and effective administration of
City affairs; and (2) suspends the City Charter rule that requires consideration of and
voting upon ordinances at two regular meetings so that this ordinance is passed and
takes effect upon first reading as an emergency measure on this the qt+ day of
2021.
ATTEST: Y OF CORPUS CHRISTI
CJ
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
*-day of �G�'��11` i 2021
Corpus Christi, Texas
PASSED AND APPROVED on this the Vh day of N)QL{MWK 2021 .
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances at two regular meetings: I/we, therefore, request that you suspend said
Charter rule and pass this ordinance finally on the date it is introduced or at the present
meeting of the City Council.
Respectfully, Respectfully,
VVIR
Paulette M. Guajardo
Mayor
Council Members
The above ordinance was passed by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera 0 Ben Molina
Gil Hernandez r. `ku Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
4
032593
Personnel Summary
I
FY 2019-2020 FY 2020-2021 FY 2021- 2022
Adopted Amended
EXHIBIT A
Health District Summary
Personnel Classifcation Position Total Position Total
• . 0
Total, 31 30 29 0
Health Department Summary
Personnel Summary
FY 2019-2020 FY 2020-2021 FY 2021- 2022
Adopted Amended
Personnel Classifcation Position Total Position Total
•.
*Effective January 18, 2022
**Effective November 9, 2021, upon ordinance approval
EXHIBIT B
Mayor and City Council
City of Corpus Christi
Organizational Chart City Secretary City Manager i F-City Auditor Municipal Courts Judge
Rebecca Huerta Peter Zanoni Kim Houston Gail Loeb
Communications& Assistant to City Manager City Attorney
City Council Liaison Intergovernmental Affairs
Sony Peronel Miles Risley
DeAnna Mcqueen
_ Assistant City Manager Assistant City Manager _ Assistant City Manager __ Chief of Staff Chief Financial Officer _ Chief Operating Officer
Steve Viera Neiman Young Andrea Gardner Michael Rodriguez Constance Sanchez Michael Murphy
Development services Engineering Services Parks&Recreation Police Finance&Procurement Water&Wastewater System
Al Raymond Jeffrey Edmonds Dante Gonzalez(Interim) Chief Mike Markle Heather Hurlbert Kevin Norton
Asset Management Public Works Neighborhood Services* Fire Management&Budget
Charles Mendoza Rolando Mata Tracy Cantu(Interim) Chief Robert Rocha Eddie Houlihan
_ Airport Solid Waste _ Planning&Environmental Human Resources Information Technology
Kevin Smith David Lehfeldt Services Eyvon McHaney Peter Collins
Daniel McGinn
Strategic Planning&
Health District" Gas Libraries Innovation — Court Administration
Annette Rodriguez Bill Mahaffey Laura Garcia Gilbert Hernandez
Christopher Anderson
1neludes Code Enforcement and Animal Care
Health Department -- Economic Development*" Homeless
Monitoring
--Local Health
rity Dr.Ramachandnmi
1;_to in cl ude Infill rr
Effective November 9,2021,upon ordinance approval Development,
EXHIBIT C
BudgetCity of Corpus Christ! -
DetailGeneral Fund 1020
Health District Expenditure
Original Amended
Org. Actuals Budget Budget Estimated Adopted Amended
tumber Organization Name 2019-2020 2020-2021 2020-2021 2020-2021
• 2021-2022
Health District
12600 Health Administration $ 653,068 $ 1,220,091 $ 1,250,024 $ 1,209,749 $ 1,278,682 $ 388,433
12610 Health Office Building 420,754 486,680 502,386 502,387 465,256 152,853
12611 Regional Health Awareness Board 1,818 0 0 0 0
12615 TB Clinic-Health Department 57,995 133,340 137,864 154,561 155,605 53,300
12630 Vital Statistics 136,958 222,349 222,503 210,013 224,852 71,363
12640 Environmental Health Inspect 307,294 503,829 503,831 457,136 518,947 171,097
12650 STD Clinic 77,557 108,290 108,292 113,044 134,564 40,595
12660 Immunization 139,703 268,581 299,185 250,434 268,412 124,140
12661 COVID-19 Vaccination 0 0 0 25,747 0 99,151
12666 Wellness Initiatives 5,795 0 0 0 0 0
12690 Nursing Health Svc 151,422 137,901 140,760 131,922 212,486 87,773
12700 Laboratory 179,961 269,556 269,558 251,871 282,961 85,616
Health District Total $ 2,132,324 $ 3,350,617 $ 3,434,401 $ 3,306,865 $ 3,541,765 $ 1,274,321
Health Department Expenditure Detail
Original Amended
Org. Actuals Budget Budget Estimated Adopted Amended
Number Organization Name j 2019-2020 2020-2021 2020-2021 2020-2021 2021-2022 2021-2022
Health Department
12601 Health Administration $ $ - $ - $ $ - $ 891,590
12612 Health Office Building 0 0 0 0 0 315,301
12616 TB Clinic-Health Department 0 0 0 0 0 108,738
12631 Vital Statistics 0 0 0 0 0 157,128
12641 Environmental Health Inspect 0 0 0 0 0 361,365
12651 STD Clinic 0 0 0 0 0 93,969
12662 Immunization 0 0 0 0 0 187,556
12691 Nursing Health Svc 0 0 0 0 0 148,526
12701 Laboratory 0 0 0 0 0 197,730
Health Department Total $ $ - $ - $ $ - $ 2,461,903
* Includes$194,459 in FY 2021 Purchase Order carryforward appropriations
O�QUS c�'P
�a v.
- RM�� Establishment of City
y85, Operated Corpus Christi-
p p
Nueces County Public
Health District
Timeline
November 9, 2021 - City Council approved ordinance creating Corpus
Christi Health Department effective January 18, 2022
at4P. Negotiations between City and Nueces County resulted in a different
business plan - the creation of a City Operated Corpus Christi-Nueces
County Public Health District effective March 1 ,2022
bFebruary 14, 2022 - Amended Cooperative Agreement approved by
Nueces County Commissioners
February 15, 2022 - Amended Cooperative Agreement approved by
Corpus Christi City Council
2
Financial Details
Funding previously allocated to City's participation in jointly run Health
District will be redirected to New City Operated Health District $2,188,365
Nueces County will remit payment to City for its remaining FY 2022 General
Fund Budget $943,000
Nueces County will remit payment to City for remaining FY 2022 1 1 15 Waiver
Program Budget $837,400
Total budgeted positions for New City Operated Health District will be 60 -
this consist of 29 City positions, 20 County positions and 1 1 positions from
County 1 1 15 Waiver Program
3
O�QUS c�'P
�a v.
- RM�� Establishment of City
y85, Operated Corpus Christi-
p p
Nueces County Public
Health District
City of Corpus Christi 1201 Leopard Street
/ Corpus Christi,TX 78401
cctexas.com
Meeting Minutes
City Council
Tuesday, February 15,2022 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 11:36 a.m.
B. Invocation to be given by Pastor Rick Barrera, Believe Church.
Pastor Rick Barrera, Believe Church, gave the invocation.
C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be
led by Julia Gilliam, Flour Bluff Student.
Julia Gilliam, Flour Bluff student, led the Pledge of Allegiance to the Flag of the United
States of America and to the Texas Flag.
D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.
City Secretary Rebecca 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 Huerta.
Present: 8- Mayor Paulette M. Guajardo,Council Member Roland Barrera,Council Member Gil
Hernandez,Council Member Billy A. Lerma,Council Member John Martinez,Council
Member Ben Molina,Council Member Mike Pusley, and Council Member Greg Smith
Absent: 1 - Council Member Michael Hunter
E. Proclamations /Commendations
1. 22-0271 Commendation for Julia Gilliam 2021 Student Heroes Award Recipient for State
Board of Education District 2.
Commendation for Flour Bluff High School Football Team State Semifinalist.
Proclamation Declaring City-Wide Bluesday Tuesday Honoring Texas A&M
University-Corpus Christi Homecoming.
Swearing-In Ceremony for Newly Appointed Board, Commission, Committee
and Corporation Members.
The Commendations, Proclamation and Swearing-In Ceremony were held.
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F. PUBLIC COMMENT
Mayor Guajardo opened the public comment period.
Edalio Salinas, 7026 Ridge Stone Dr., spoke regarding removing the 5G Tower from his
neighborhood.
Tim Dowling, 8107 Villefranche Dr., spoke regarding the redistricting process.
The following citizen submitted a written public comment which is attached to the minutes:
Julie Rogers, 710 Furman Ave.
G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS:
Mayor Guajardo referred to City Manager's comments.
a. STORM WATER FEE IMPLEMENTATION PROGRESS REPORT
City Manager Zanoni reported that the storm water fee took effect on January 1, 2022.
Assistant Director of Public Works Gabriel Hinojosa presented information on the
following topics: communication plan; public works customer service; storm water
improvements; and customer resources.
Council Members, Assistant Director Hinojosa and City Manager Zanoni discussed the
following topics: Council Members' belief that this is a complex plan and difficult to
explain to concerned citizens; staff has been reduced to five full-time staff members due
to the low call volume; in response to a Council Member's question, staff stated that
during a rainfall, 50% of water infiltrates the residential ground and 50% goes to
infrastructure; Council Members' concerns about residential impervious cover; a Council
Member's request for the City's website to be updated to better explain how the plan
works; and a Council Member's request to obtain a software program that can compare
the breakdown of costs on current and past bills.
b. STREETS INFRASTRUCTURE MANAGEMENT PROGRAM QUARTERLY
UPDATE
City Manager Zanoni reported on the street infrastructure and pothole initiative. There are
310 total street projects with 98 projects complete. $4.5 M will be distributed equally
among the 5 districts for residential neighborhood streets. $8 M will go back into the
utility revenue fund. A list of infrastructure projects will be given to Governor Abbott on
March 1, 2022.
Council Members, City Manager Zanoni and Deputy Director of Public Works Sarah
Munoz discussed the following topics: $1.4 M was funded only to augment the City
crews; Reytec Construction has a limited amount of spray patchers; and street
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maintenance projects require extensive flatwork, so staff is working on a Request for
Qualification (RFQ) to get a contractor to do the curb and gutter work, while the City does
the streets.
C. "REVIVE THE DRIVE" OCEAN DRIVE REHABILITATION PROJECT UPDATE
City Manager Zanoni stated that the Ocean Drive Rehabilitation project should be
complete by summer.
d CITY AUDITORS OFFICE - STAFF PAY RANGES UPDATE
City Manager Zanoni reported that the Audit Committee approved pay grade
adjustments for four positions, but did not discuss the pay range for the City Auditor. The
City Auditor reports to the City Council. The Audit Committee recommends that Human
Resources look at the pay ranges for the three vacant positions of Senior Auditor,
Auditor, and Audit Service Associate.
J. CONSENT AGENDA: (ITEMS 2 - 19)
Approval of the Consent Agenda
Mayor Guajardo referred to the Consent Agenda. Council Members requested that Items
17, 18 and 19 be pulled for individual consideration.
A motion was made by Council Member Barrera, seconded by Council Member Molina
to approve the Consent Agenda with the exception of Items 17, 18 and 19. The motion
carried by 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
2. 22-0277 Approval of the February 8, 2022 Regular Meeting Minutes.
The Minutes were approved on the consent agenda.
Consent-Second Reading Ordinances
3. 22-0165 Ordinance authorizing acceptance of a grant in an amount of$233,030.00 from
State of Texas, Criminal Justice Division for the Paul Coverdell Forensic
Sciences Improvement Grant for the purchase of a new laboratory information
management system for the Forensic Services Division; and appropriating
$233,030.00 in the Police Grants Fund.
This Ordinance was passed on second reading on the consent agenda.
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Enactment No: 032664
4. 22-0169 Ordinance authorizing an Interlocal Agreement with Nueces County for one year
for the City to receive from Nueces County grant funding in the amount of
$75,672.50 for reimbursement of overtime and undercover surveillance
equipment for the Red Cord Initiative Program (Prostitution Crimes Reduction
Program); and appropriating $75,672.50 into the Police Grants Fund.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032665
5. 22-0148 Ordinance authorizing the acceptance of$7,500.00 from Enbridge Fueling
Futures for rescue equipment to include rope, cord, harness, and other rescue
materials for the Corpus Christi Fire Department's Technical Rescue Program;
and appropriating $7,500.00 into the Fire Grants Fund.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032666
6. 22-0163 Zoning Case No. 1221-01, Gulfway Shopping Center: (District 5) Ordinance
rezoning property at or near 7601 Yorktown Boulevard from the "FR" Farm Rural
District to the "CN-1" Neighborhood Commercial District. (Planning Commission
and Staff recommend Approval).
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032667
7. 21-1647 Zoning Case No. 1021-06, Walker Holdings and Development, LLC.: (District 1)
Ordinance rezoning property at or near 3202 Interstate 69 from the "RS-6"
Single-Family 6 District to the "RS-4.5" Single-Family 4.5 District. (Planning
Commission and Staff recommend Approval)
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032668
Consent-Public Safety First Reading Ordinances
8. 22-0199 Ordinance appropriating $10,000 from the Auto Theft Prevention Grant program
income into the Auto Theft Prevention Grant for the purchase of a replacement
2021 Ford F-150 crew cab vehicle.
This Ordinance was passed on first reading on the consent agenda.
9. 22-0151 Ordinance appropriating $49,000 from the City of Corpus Christi-Nueces County
Local Emergency Planning Committee Reserve Fund for community education
programs and projects regarding hazardous chemical safety; and amending the
FY 2022 Operating Budget by increasing expenditures in the Local Emergency
Planning Committee fund by $49,000.
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This Ordinance was passed on first reading on the consent agenda.
Consent- Contracts and Procurement
10. 22-0269 Motion authorizing the purchase of one additional 2022 Bergkamp FP5 Patcher
pothole truck from Doggett Freightliner of South Texas, LLC., of Houston for
$227,213.00, through the Texas Interlocal Purchasing System Cooperative, to
be used for in-house pothole patching projects citywide by the Public Works
Department, with FY 2022 funding available in the Vehicle & Equipment
Replacement Fund.
This Motion was passed on the consent agenda.
Enactment No: M2022-022
11. 22-0117 Motion authorizing the purchase of nine replacement roll off containers from
Wastequip Manufacturing Company, LLC., of Beeville, Texas through
Sourcewell for$99,096.00 to be used by Solid Waste Services, with FY 2022
funding available through the General Fund.
This Motion was passed on the consent agenda.
Enactment No: M2022-023
12. 22-0201 Resolution authorizing the execution of a service agreement for the purchase of
servers, five years of support and parts warranty, and one year of licenses with
Area Electronics Systems, Inc., dba DataON of Anaheim, California, in an
amount not to exceed $462,705.85 for Communications, Utilities, and Public
Safety with funding through the Information Technology, PEG Cable,
Wastewater, and Crime Control District Funds.
This Resolution was passed on the consent agenda.
Enactment No: 032669
General Consent Items
13. 22-0205 Resolution authorizing submission of grant application for $20,000 to the State
of Texas, Criminal Justice Division for funding available under the Rifle-Resistant
Body Armor Grant Program for the purchase of 40 additional pieces of rifle
resistant body armor for Corpus Christi Police Department officers.
This Resolution was passed on the consent agenda.
Enactment No: 032670
14. 22-0206 Resolution authorizing submission of a grant application for$80,000.00 to the
State of Texas under the FY 2023 Criminal Justice Grant Program for the
purchase of 11 additional in-car video systems for the Corpus Christi Police
Department.
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This Resolution was passed on the consent agenda.
Enactment No: 032671
15. 21-1462 Resolution authorizing an amendment to the Interlocal Cooperation Agreement
with Texas A& M University-Corpus Christi (TAMUCC) to budget from $150,499
in FY 2021 to $200,197 in FY 2022 and $175,697 in FY 2023 for air quality
monitoring service and extending the period of performance to December 31,
2023, with funding available in the No. 1071 Community Enrichment Grant Fund.
This Resolution was passed on the consent agenda.
Enactment No: 032672
16. 22-0160 Motion authorizing an amendment to the interlocal agreement with Nueces
County for improvements to West Haven Park to reflect the greater financial
contribution from Nueces County as a result of the actual bid prices.
This Motion was passed on the consent agenda.
Enactment No: M2022-024
17. 22-0268 Motion authorizing the Second Amended and Restated Management Services
Agreement between the Corpus Christi Area Convention and Visitors' Bureau
("VCC") and the City of Corpus Christi and approving VCC's amended bylaws.
Mayor Guajardo referred to Item 17.
Council Members, Chief Financial Officer Constance Sanchez and President and Chief
Executive Officer of Visit Corpus Christi Brett Oetting discussed the following topics: a
Council Member would like to change the language in the agreement presented to the
City Manager; and the intent was to never bypass the Council regarding the changes in
the bylaws.
Council Member Barrera made a motion to approve the motion, seconded by Council
Member Smith.
Council Member Hernandez made a motion to amend the agreement in Section 10.8 to
read: any changes to the bylaws must be presented to the City Manager "for review" and
strike "for approval"; seconded by Council Member Barrera and passed unanimously.
Council Member Hernandez made a motion to approve the motion as amended,
seconded by Council Member Lerma. This Motion was passed 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
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Enactment No: M2022-025
18. 22-0278 Resolution in support of the proposed 9% Housing Tax Credit for an affordable
housing project known as Weber Lofts to be developed by Creative Urban
Multifamily LLC.
Mayor Guajardo referred to Items 18 and 19.
A Council Member and Assistant Director of Neighborhood Services Jennifer Buxton
discussed the following topics: a Council Member's concern that only two applicants
applied for this funding.
Developer Jose Gonzales stated that the TDHCA application process allows you to
reduce the number of units from the unit count at the pre-application and does not allow
you to increase the units.
Council Member Hernandez made a motion to approve the resolution, seconded by
Council Member Barrera.
Council Member Barrera made a motion to amend the resolution to reduce from 73-unit
to a 58-unit multi-family development, seconded by Council Member Hernandez and
passed unanimously.
Council Member Hernandez made a motion to approve the resolution as amended,
seconded by Council Member Barrera. This Resolution was passed 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
Enactment No: 032673
19. 22-0279 Resolution in support of the proposed 9% Housing Tax Credit for an affordable
housing project known as Commons at Oso Bay to be developed by Commons
at Oso Bay, LLC.
Mayor Guajardo referred to Item 19.
There were no comments from the Council or the public.
Council Member Hernandez made a motion to approve the resolution, seconded by
Council Member Pusley. This Resolution was passed and approved with the following
vote:
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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: 032674
K. RECESS FOR LUNCH
Mayor Guajardo recessed the Council meeting for lunch at 1:57 p.m. Executive Session
Item 27 was held during the lunch recess. Mayor Guajardo reconvened the meeting at
2:53 p.m.
L. PUBLIC HEARINGS: (ITEM 20)
20. 21-1078 Ordinance adopting a new City of Corpus Christi Historic Preservation Plan, an
element of the Plan CC Comprehensive Plan; and rescinding the former Corpus
Christi Preservation Plan, adopted September 8, 1976.
This Item was postponed.
N. FIRST READING ORDINANCES: (ITEMS 21 -26)
21. 22-0155 Ordinance declaring City property at 1401 Morgan Avenue as surplus property,
authorizing the exchange of the surplus property for property located at 1525
Morgan Avenue and 1411 12th Street, and authorizing execution of a contract,
deed, and any related documents necessary to complete the exchange and
conveyance of the properties between the City of Corpus Christi and the Ed
Rachal Foundation pursuant to a competitive bid.
Mayor Guajardo referred to Item 21.
Director of Engineering Services Jeff Edmonds stated that this item authorizes the City to
exchange the property located at 1401 Morgan Avenue with property currently owned by
the Ed Rachal Foundation located at 1525 Morgan Avenue.
Council Members stated that this is a good news item and thanked the Ed Rachal
Foundation.
Mayor Guajardo opened public comment.
There were no comments from the public.
Mayor Guajardo closed public comment.
Council Member Molina made a motion to approve the ordinance, seconded by Council
City of Corpus Christi Page 8 Printed on 211812022
City Council Meeting Minutes February 15,2022
Member Hernandez. 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
22. 21-0909 Ordinance awarding a construction contract to South Texas Building Partners,
Inc, Corpus Christi, Texas, for the construction of a new storage facility for beach
maintenance equipment at North Padre Island in the amount of$1,699,558,
appropriating $260,242.41 in the State Hotel Occupancy Tax (SHOT) Fund, and
amending the FY 2022 operating and capital budgets; located in Council District
4, with FY2022 funding available from Parks and Recreation Bond 2014, Parks
and Recreation Bond 2018, and SHOT Funds.
Mayor Guajardo referred to Item 22.
Director of Engineering Services Jeff Edmonds stated that this item authorizes the
construction of a 6,000 square foot beach maintenance facility on Commodores Road.
Mayor Guajardo opened public comment.
There were no comments from the Council or the public.
Mayor Guajardo closed 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: 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
23. 22-0272 Ordinance authorizing a License Agreement with T-Mobile West LLC for use of
City property at Fire Station 16 on Mustang Island to operate a temporary
antenna facility during Spring Break 2022 beginning March 1, 2022 to April 4,
2022 for a one-time fee of$2,500, located in Council District 4, with FY 2022
revenues to be deposited to the General Fund.
Mayor Guajardo referred to Item 23.
Director of Engineering Services Jeff Edmonds stated that this ordinance authorizes a
City of Corpus Christi Page 9 Printed on 211812022
City Council Meeting Minutes February 15,2022
lease agreement between the City and T-Mobile to place a temporary cell tower at Fire
Station 16 for five weeks.
A Council Member and Director Edmonds discussed the following topics: the antenna
will be 110 feet tall.
Mayor Guajardo opened public comment.
There were no comments from the public.
Mayor Guajardo closed public comment.
Council Member Smith made a motion to approve the ordinance, seconded by Council
Member Lerma. This Ordinance was passed on first reading and approved with the
following vote:
Aye: 8- 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
24. 21-1432 Ordinance to authorize the execution of Amendment No. 1 to the Service
Agreement for the Management of the Corpus Christi Museum of Science and
History with Friends of the Museum of Science and History to increase City's
payment from $150,000 annually to $500,000 annually for Fiscal Years 2022 and
2023 and providing for funds to be paid from Hotel Occupancy Tax Fund.
This Item was postponed.
25. 22-0270 Ordinance approving the addition of one full-time position to the budget of the
Procurement Division of the Finance and Procurement Department for a
Contract Manager as recommended by the City Audit Committee; amending the
FY 2022 Operating Budget to increase the number of positions by one, with
funding coming from the existing FY 2022 Procurement Operational Budget.
Mayor Guajardo referred to Item 25.
Director of Finance Heather Hurlbert stated that this request is to add a Contract
Manager to assist with contracts.
Council Members stated that this is a great addition to the department.
Mayor Guajardo opened public comment.
There were no comments from the public.
City of Corpus Christi Page 10 Printed on 211812022
City Council Meeting Minutes February 15,2022
Mayor Guajardo closed public comment.
Council Member Lerma made a motion to approve the ordinance, seconded by Council
Member Hernandez. This Ordinance was passed on first reading and approved with the
following vote:
Aye: 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
26. 22-0218 Ordinance approving a lease estoppel and amendment to the ground lease with
MREIC Corpus Christi TX, LLC ("Tenant") at the Corpus Christi International
Airport to include language required for a merger and loan transaction by the
Tenant; authorizing the City Manager to execute all documents necessary and
related to the amendment and refinancing transaction; and providing for an
effective date.
Mayor Guajardo referred to Item 26.
Deputy Director of Aviation Tyler Miller stated this request is in support of a merger of the
leaseholder of a parcel of land.
Mayor Guajardo opened public comment.
There were no comments from the Council or the public.
Mayor Guajardo closed public comment.
Council Member Lerma made a motion to approve the ordinance, seconded by Council
Member Molina. This Ordinance was passed on first reading and approved with the
following vote:
Aye: 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
P. EXECUTIVE SESSION: (ITEM 27)
Mayor Guajardo referred to Executive Session Item 27. The Council went into Executive
Session at 1:57 p.m. The Council returned from Executive Session at 2:53 p.m.
27. 22-0167 Executive Session pursuant to Texas Government Code § 551.071 and
Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with
City of Corpus Christi Page 11 Printed on 211812022
City Council Meeting Minutes February 15,2022
attorneys concerning legal issues related to Corpus Christi-Nueces County
Public Health District, various lawsuits, including, but not limited to, John F.
Smith v. Nueces County Texas and/or Corpus Christi-Nueces County Public
Health District, other legal issues related to the personnel, structure, and/or
operation of said district, Texas Health and Safety Code Chapter 121, the
Cooperative Agreement to Operate a Public Health District and amendments,
reformations, and attachments thereto, other laws and regulations governing
public health districts, members and membership in the public health district,
grants to the members of the public health district, other legal issues related to
the provision of health services in the local area, and any potential actions that
may be performed pursuant to the aforesaid statutes, agreement(s), and
regulations.
This E-Session Item was passed after executive session.
The following motion was considered:
Motion to authorize the City Manager to execute the Amended Cooperative Agreement
for City-Operated Corpus Christi-Nueces County Public Health District approved by the
Nueces County Commissioners Court yesterday and distributed to City Council today.
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: M2022-026
Q. ADJOURNMENT
There being no further business, Mayor Guajardo adjourned this meeting at 3:29 p.m.
City of Corpus Christi Page 12 Printed on 211812022
Sarah Brunkenhoefer
From: CitySecretary
Sent: Tuesday, February 15, 2022 11:03 AM
To: Sarah Brunkenhoefer
Subject: FW: Public Input: 02-15-2022 - Julie Rogers
fyi
From:Jotform <noreply@jotform.com>
Sent:Tuesday, February 15, 2022 10:51 AM
To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com>
Subject: Public Input: 02-15-2022 -Julie Rogers
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Public Comment & Input Form
Date of Meeting 02-15-2022
Name Julie Rogers
Address Street Address: 710 Furman Ave
City: Corpus Christi
State/ Province:TX
Postal/Zip Code: 78404
Topic Community Input for Redistricting
Agenda Item Number N/A
Describe Feedback: You made history last week by providing so many
opportunities for community input during
redistricting, and my family and neighborhood
appreciate it.You are not only drawing new lines for
district maps but new lines for democracy. When
community is empowered,Corpus Christi really
does shine like a sparkling city. I hope that
redistricting will be a topic for City Manager
updates until the process is over so people are
aware and know what is happening.The website
will be a very good resource but it needs to go live
as soon as possible, especially since there is a
1
community input session scheduled for the day
after the Council's redistricting workshop.The
community needs to be able to review the draft
illustrative maps before that CIS happens.
2
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Agenda Memorandum
First Reading for the City Council meeting of February 15, 2022
I852� Second Reading for the City Council meeting of February 22, 2022
DATE: February 15, 2022
TO: Peter Zanoni, City Manager
FROM: Mike Markle, Chief of Police
mikema(a)cctexas.com
(361) 886-2604
Appropriating funds from the Auto Theft Prevention Grant Program Income
CAPTION:
Ordinance appropriating $10,000 from the Auto Theft Prevention Grant program income into
the Auto Theft Prevention Grant for the purchase of a replacement 2021 Ford F-150 crew cab
vehicle.
SUMMARY:
This item is for the appropriation of $10,000 in grant funds to be used toward the purchase of a
replacement 2021 Ford F-150 crew cab vehicle that will be utilized in grant operations focusing
on the prevention of auto theft. The current vehicle used in the grant operations focusing on the
prevention of auto theft is a 2010 Chevrolet Tahoe that was originally purchased with funds from
the Auto Theft Prevention Grant. The vehicle has now reached the end of its service life per Fleet
Maintenance and needs to be replaced.
BACKGROUND AND FINDINGS:
The current vehicle is a 2010 Chevrolet Tahoe and is used in grant operations focusing on the
prevention of auto theft. The vehicle was originally purchased with funds from the Auto Theft
Prevention Grant. Auto Theft Prevention program income currently is available to assist with the
purchase of the replacement vehicle, which is estimated at a cost of$48,000. The current vehicle
will be traded in for $31,850. The remaining balance will come from the Auto Theft Prevention
Grant funds which have been approved by State grant officials. Authorization has been obtained
through both the City's Asset Management and Finance Departments to trade-in the vehicle.
Income for the Auto Theft Prevention Program is generated by Auto Theft Prevention officers
conducting 68-A inspections of trailers or vehicles twice a month for individuals with homemade
trailers, trailers transferring title to another state, or other vehicles that have issues with their title
work. The inspections are conducted at the City's vehicle impound lot twice per week. In 2021,
440 inspections were completed, generating $9,160 in revenue. The current fund balance for the
Auto Theft Prevention program is $35,427.87. The program has been in existence for 21 years.
ALTERNATIVES:
The alternative is not to appropriate the program income and instead utilize General Funds from
the Police budget; however, this option would create an unplanned budget deficit in the amount
of $10,000.00 in the Police General Fund since grant funds are available in the amount of
$10,000.00 to use toward the purchase of the replacement vehicle.
FINANCIAL IMPACT:
The financial impact is an increase in funding in the Police Grants Fund from the Auto Theft
Prevention grant in the amount of$10,000.00.
Funding Detail:
Fund: 1061 Police Grants Fund
Organization/Activity: 822325S
Mission Element: 151 Respond to Calls for law enforcement
Project # (CIP Only): N/A
Account: 550020 Vehicles & Machinery
RECOMMENDATION:
Staff recommends approving the appropriation, as presented.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Ordinance appropriating $10,000.00 from the Auto Theft Prevention
Grant program income into the Auto Theft Prevention Grant for the
purchase of a replacement truck.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1 : The City Manager or designee is authorized to execute all documents
necessary to appropriate $10,000 from the Auto Theft Prevention Grant program income
into the Auto Theft Prevention Grant to purchase a replacement truck.
SECTION 2: $10,000 from the Auto Theft Prevention Grant, is appropriated in the No.
1061 Police Grant Fund.
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of 2022, 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 2022, 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 , 2022.
ATTEST:
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
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WoRPORP�g4 February 15, 2021
1852
DATE: February 15, 2021
TO: Peter Zanoni, City Manager
FROM: Robert Rocha, Fire Chief
RRochaCa)-cctexas.com
(36)1) 826-3239
Appropriating $49,000 of City of Corpus Christi—Nueces County Local Emergency
Planning Committee Reserve Funds and amending the FY 2022 Local Emergency
Planning Committee Operating Budget by Increasing Expenditures in the Local
Emergency Planning Committee Fund.
CAPTION:
Ordinance appropriating $49,000 from the City of Corpus Christi—Nueces County Local
Emergency Planning Committee Reserve Fund for community education programs and projects
regarding hazardous chemical safety; and amending the FY 2022 Operating Budget by increasing
expenditures in the Local Emergency Planning Committee fund by $49,000.
SUMMARY:
This Ordinance will appropriate $49,000 from the City of Corpus Christi-Nueces County Local
Emergency Planning Committee (LEPC) Reserve Fund, amending the FY 2022 Operating Budget
by increasing expenditures in the LEPC fund. The funds will be used for department purchases
regarding community education programs and projects regarding hazardous chemicals.
BACKGROUND AND FINDINGS:
The LEPC is not funded with federal, state, or local tax dollars but is funded through the Interlocal
Agreement between the City, the Port and the County, donations from local industry, and grants
from the Texas Commission on Environmental Quality and local industry.
The funds in the LEPC reserve are accumulated from unused funds in previous budgets. The
current reserve fund balance is $89,724.29. The LEPC Executive Committee requested $40,000
remain in reserve in case of an unexpected expense, such as a vehicle purchase. The reserve
fund is ongoing and reflects any unused balance from previous fiscal years. The fund has been
in place for over ten years.
The LEPC reserve funds are sometimes used to fund projects and programs that provide
educational information regarding chemical safety and awareness. Chemical safety and
awareness programs make up the majority of the LEPC and are mandated by the Emergency
Planning and Community Right-to-Know Act. These safety programs and projects have been
vetted and approved by the four subcommittees (Finance, Pipeline Damage Prevention, Risk
Awareness, and Emergency Response and Communication), the LEPC General Committee, and
the LEPC Executive Committee. The LEPC's subcommittees are set out in the LEPC bylaws and
are overseen by the LEPC Executive Committee.
The $49,000 appropriation from the LEPC reserve fund will be used for the following projects:
• Chief Rocha recommends sending eight representatives total from both the Corpus Christi
Fire Department and the LEPC to the 2022 International Hazardous Materials Conference
in Baltimore, Maryland. The trip is contingent upon the conference being held in-person.
The cost is approximately $15,000.00.
• Creation of a chemical incident, shelter-in-place, and evacuation informational video for
first responders and industry representatives. The video is an emergency management
tool and not for public distribution. The cost is approximately $10,000.00.
• Materials for Shelter-in-Place kits that are distributed to area schools, daycare facilities,
and libraries to be used in the event of chemical emergencies. An increasing number of
schools are requesting these kits as they are now included in school districts' emergency
plans. The cost is approximately $24,000.00.
ALTERNATIVES:
The alternative to accepting the ordinance amending the LEPC fund and increasing expenditures
is to leave the current LEPC fund as is which will reduce the LEPC's ability to fund chemical safety
and awareness projects for the community.
FISCAL IMPACT:
Appropriating $49,000.00 from the LEPC Reserve Fund to the FY 2022 LEPC Budget and
increasing the expenditures.
Funding Detail:
Fund: 6060 LEPC
Organization/Activity: 21700 Local Emergency Planning Committee
Mission Element: 091 Prevention
Project # (CIP Only): N/A
Account: 547010 Travel
Amount: $15,000
Fund: 6060 LEPC
Organization/Activity: 21700 Local Emergency Planning Committee
Mission Element: 091 Prevention
Project # (CIP Only): N/A
Account: 530500 Printing and Advertisement
Amount: $34,000
RECOMMENDATION:
Staff recommends approval of this ordinance, as presented.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Ordinance appropriating $49,000.00 from the City of Corpus Christi—
Nueces County Local Emergency Planning Committee (LEPC)
Reserve Fund; and amending the FY2021-2022 Operating Budget by
increasing expenditures in the LEPC fund by $49,000.00.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
Section 1. That $49,000.00 is appropriated from the City of Corpus Christi—
Nueces County Local Emergency Planning Committee Reserve Fund No. 6060 to
supplement and expand community information programs and projects.
Section 2. That the FY2021-2022 Operating Budget, is changed by increasing
expenditures by $49,000.00.
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of 2022, 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 2022, 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 , 2022.
ATTEST:
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
LEPC FUND 6060
SCHEDULE OF FUND BALANCE
September 30,2021
2021 Key 2020
Beginning fund balance $ 89,016.79 Py 91,923.39
Add:
Contributions 206,119.17 is-2 212,536.92
Earnings on investments 256.17 is-2 2,100.72
Transfers In 0.00 is-2 552.00
Deduct:
Expenditures 209,989.92 is-3 218,096.24
Transfers Out - -
Ending fund balance $ 85,402.21 $ 89,016.79
CITY OF CORPUS CHRISTI,TEXAS
ANNUAL REVENUE ESTIMATE COMPARED TO ACTUAL COLLECTED
FOR THE 12 MONTHS ENDED September 30,2021
Run: 10/08/2021 at 3:06 PM
Fund:6060-LEPC
Acct# Account Description Annual Estimate YTD Actuals Variance %Collected
340000 Contributions and donations 219,068.00 206,119.17 (12,948.83) 94.09
340900 Interest on investments 0.00 283,93 283.93 N/A
340995 Net Inc/Dec in FV of Investmen 0.00 (27.76) (27.76) N/A
TOTAL 219,068.00 206,375.34 (12,692.66) 94.21
CITY OF CORPUS CHRISTI,TEXAS
SUMMARY OF APPROPRIATIONS AND EXPENDITURES
FOR THE 12 MONTHS ENDED September 30,2021
FUND:6060-LEPC
Run:12/08/2021 at 3:08 PM
Encumbrances/ Unencumbered
Org Description Original Budget Amended Budget Expenditures Commitments Balance
21700 Local Emerg Planning Comm 122,186.30 131,390.30 131,253.96 0.00 136.34
21901 Reverse Alert System 81,632.00 81,632.00 78,735.96 0.00 2,896.04
TOTAL ORG 203,818.30 213,022.30 209,989.92 0.00 3,032.38
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WoRPORPg4 AGENDA MEMORANDUM
1852 First Reading Ordinance for the City Council Meeting February 15, 2022
Second Reading Ordinance for the City Council Meeting of February 22, 2022
DATE: February 15, 2022
TO: Peter Zanoni, City Manager
FROM: Jeffrey Edmonds, P. E., Director of Engineering Services
0effreye(a)-cctexas.com
(361) 826-3851
Ordinance Authorizing Land Exchange for Fire Station #3 (Morgan Avenue) Land
Acquisition
CAPTION:
Ordinance declaring 1401 Morgan Avenue as surplus property, authorizing the exchange of the
surplus property with property located at 1525 Morgan Avenue, and authorizing execution of the deeds
and any related documents necessary to complete the exchange and conveyance of the properties
between the City of Corpus Christi and the Ed Rachal Foundation.
SUMMARY:
This item declares the current Fire Station #3 located at 1401 Morgan Avenue as surplus property.
The City plans to exchange the property located at 1401 Morgan Avenue with property currently owned
by the Ed Rachal Foundation located at 1525 Morgan Avenue. The acquired location at 1525 Morgan
will serve as the location for the Bond 2020 approved Fire Station #3 (Morgan Avenue).
BACKGROUND AND FINDINGS:
On November 3, 2020 voters approved the City of Corpus Christi's Bond 2020 Program for a total of
$75 million with 42 projects. The propositions passed on election day included projects for streets,
parks, and public safety improvements.
Proposition C — Public Safety included a total of two projects: Police Training Academy (Design Only)
and Fire Station # 3 - Morgan Avenue (Land Acquisition and Design Only) for $2 million. The public
safety projects are located in Council District 2 and 5.
On November 9, 2021, City Council approved the design for the Fire Station #3 (Morgan Avenue). A
new station is needed to replace the antiquated fire station to meet modern firefighting capabilities. In
addition current structures hinders response times and the ability to maintain a clean work
environment.
The new facility will meet firefighting and emergency services standards with the capacity to house
larger/taller/heavier vehicles, provide decontamination clean rooms, community areas, improved
vehicle egress and access, gender neutral accommodations for 15 firefighters, and vehicle exhaust
extraction systems. The new facility will be designed to last a minimum of 50 years.
The City identified property adjacent to the current site located at 1525 Morgan Avenue as the
appropriate location for the new fire station due to its large size which makes it more accommodating
to the proposed upgrades. Additionally, the new location is across the street from the current location
and will allow for uninterrupted service response times.
The City has historically sold property by public sealed bid, which is permitted by the Texas Local
Government Code, Section 272.001. This requires the City to advertise the sale/exchange twice in the
local newspaper, wait 14 days, and then open the sealed bids.
The Contracts and Procurement Department issued a Request for Bids on January 7, 2022. Bids
closed on January 24, 2022 and the City received one bid from the Ed Rachal Foundation. The City
will exchange property located at 1401 Morgan Avenue (approximately 1.1 acres) with property
located at 1525 Morgan Avenue (approximately 1.2 acres).
The Ed Rachal Foundation will allow the City to continue to use the current Fire Station #3 until
construction of the new fire station is complete. The City will transfer possession of property at 1401
Morgan Avenue upon completion of the construction. The City will also transfer utility easements at
1401 Morgan Avenue to include the City wastewater lift station and water tower. The easements will
transfer to the Ed Rachal Foundation if they are decommissioned by the City. The City is expected to
decommission the water tower in four to five years and the property will be conveyed to the Ed Rachal
Foundation. The City does not currently have plans to decommission the lift station. The Ed Rachal
Foundation will demolish the current Fire Station #3 along with the water tower if decommissioned.
The construction of the new Fire Station #3 will follow immediately after design completion with
anticipated construction start by the end of 2022. The City anticipates completion of the construction
to take two years from design completion. Funding for the construction of the fire station has been
identified through the American Rescue Plan Act and Certificates of Obligation.
ALTERNATIVES:
The City could choose to seek an alternative location for the new fire station but this will continue
delaying the design of the facility. This could also impact service response times for the department.
FISCAL IMPACT:
There is no fiscal impact with this item. The City will exchange land for land.
FUNDING DETAIL:
Fund:
Organization/Activity:
Mission Element:
Project # (CIP Only):
Account:
RECOMMENDATION:
Staff recommendation is to declare the property as surplus and exchange property with the Ed Rachal
Foundation for the design of the new Fire Station #3 (Morgan Avenue).
LIST OF SUPPORTING DOCUMENTS:
Location and Vicinity Map
Ordinance
Ordinance declaring City property at 1401 Morgan Avenue as surplus
property, authorizing the exchange of the surplus property for
property located at 1525 Morgan Avenue and 1411 12th Street, and
authorizing execution of a contract, deed, and any related documents
necessary to complete the exchange and conveyance of the
properties between the City of Corpus Christi and the Ed Rachal
Foundation pursuant to a competitive bid.
Whereas, the City seeks to construct a new Fire Station # 3 in the vicinity
of the current Fire Station # 3;
Whereas, upon the construction of the New Fire Station # 3, the old Fire
station #3 and underlying property will no longer be needed except for an
easement on the corner of the lot for the wastewater lift station and the water
tower (anticipated removal of the water tower in four to five years); and
Whereas, the City sought bids for sale or exchange of the property at 1401
Morgan Ave pursuant to Texas Local Government Code §272.001 ;
Whereas, the Ed Rachal Foundation was the sole bidder for RFB No.
4016;
Whereas, the Ed Rachal bid for property exchange provides the best value
to the City; and
Whereas, the exchange of land will allow the City to construct the New Fire
Station #3 while occupying the current Fire Station #3, resulting in little to no
disruption of services.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS THAT:
SECTION 1. The City-owned property (approximately 1 .1231 acres) with Fire Station
#3 located at 1401 Morgan Ave, Corpus Christi, TX 78404 with a legal description of All
of Fractional Block Nine Hundred One (901), Bay Terrace No. 2, an Addition to the City
of Corpus Christi, Nueces County, Texas, as shown by the map or plat thereof recorded
in Volume A, Page 26, Map Records of Nueces County, Texas, also identified as
Nueces CAD Property ID: 189844, less reserved easements for a lift station, the lift
station accessory structure, and a water tower to be surplus property. Surplus property
and easements are depicted in Exhibit A.
SECTION 2. The City Manager or designee is authorized to exchange the surplus
property located at 1401 Morgan Ave with the Ed Rachael Foundation for Parcel 1
(approximately 1 .1563 acres) at 1525 Morgan Avenue and Parcel 2 (approximately
0.1607 acres) at 1411 12th Street as shown in Exhibit A, pursuant to Texas Local
Government Code §272.001 . The City Manager or designee is authorized to delineate
the boundaries for the surplus property and easements shown in Exhibit A.
SECTION 3. The City Manager or designee is authorized to execute a contract, deed,
and other related documents necessary to complete the exchange and conveyances of
the properties identified herein.
That the foregoing ordinance was read for the first time and passed to its second reading on this
the day of 2022, 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 2022, 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 , 2022.
ATTEST:
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
Ed Rachal Fdn
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NOApOAp'EAGENDA MEMORANDUM
1852 First Reading Ordinance for the City Council Meeting February 15, 2022
Second Reading Ordinance for the City Council Meeting of February 22, 2022
DATE: February 15, 2022
TO: Peter Zanoni, City Manager
FROM: Jeff H. Edmonds, P. E., Director of Engineering Services
6effreye(a)-cctexas.com
(361) 826-3851
Dante Gonzales, Interim Director of Parks & Recreation
DanteG(a-)-cctexas.com
(361) 826-3133
Heather Hurlbert, CPA, CFGO, Director of Finance & Procurement
heatherh3(a)-cctexas.com
(361) 826-3227
Construction Contract Award
North Padre Island Beach Maintenance Equipment Storage Facility
CAPTION:
Ordinance awarding a construction contract to South Texas Building Partners, Inc, Corpus Christi,
Texas, for the construction of a new storage facility for beach maintenance equipment at North
Padre Island in the amount of $1,699,558, appropriating $260,242.41 from the State Hotel
Occupancy Tax (SHOT) Fund, and amending the FY 2022 operating and capital budgets; located
in Council District 4, with FY 2022 funding available from Parks and Recreation Bond 2014, Parks
and Recreation Bond 2018, and SHOT Funds.
SUMMARY:
This item authorizes the construction of a 6,000 square-foot storage facility, with wash station, and
all associated building elements, to include utility improvements, landscaping, and an aesthetic
fagade to blend in with the surrounding community. The facility will be located within Commodores
Park, next to Fire Station #15, on Commodores Road.
BACKGROUND AND PURPOSE:
The City of Corpus Christi Parks and Recreation Department provides beach maintenance on Padre
Island using several units of heavy equipment.The maintenance equipment includes motor graders,
front-end loaders, a water truck, a yard grader, and other miscellaneous equipment. Currently, the
equipment is being stored outside and unprotected from the elements. This issue contributes to
accelerated equipment degradation, increased maintenance costs, and decreased service lifecycle.
During the preliminary feasibility study, it was determined that Commadores Park adjacent to Fire
Station 15 would be the best location for a storage building to house equipment when not in use.
The selected location is relatively close to the beaches and Packery Channel, where most of the
work is conducted. In addition, this location will cause the least amount of disruption to traffic when
traveling work routes. The facility shall be constructed of block construction and painted to expunge
any industrial appearance of the facility. The site will be extensively landscaped to break up its
footprint from the street. The wash bay will be located behind the building to diminish street visibility.
The building will consist of four bays for equipment storage. There will be a bathroom required by
code and an equipment room to house the equipment for the wash bay. The floor drains will be
connected to an oil and sand separator as required by code.
PROJECT TIMELINE:
2021 2022 - 2023
N D J F March - January
Bid / Award Construction
Project schedule reflects City Council award in February 2022 with anticipated completion in
January 2023.
COMPETITIVE SOLICITATION PROCESS
The Contracts and Procurement Department issued a Request for Bids on November 17, 2021,
The City received bids from five bidders. The City analyzed the bids in accordance with the contract
documents and determined STBP Inc. as the lowest responsive and responsible bidder.
The bid results are summarized below:
BID SUMMARY
CONTRACTOR BASE BID
1. STBP Inc. $1,699,558.00
2. Marshal Company $1,758,170.00
3. Geo Fill $1,783,992.14
4. Progressive Structures $1,862,314.48
5. NorthStar Ellite $1,872,036.00
Engineer's Opinion of Probable Construction Cost $1,272,312.00
STBP Inc. has completed several projects for the City which includes providing repairs,
replacement, and installation of doors, windows, shutters, and other facility maintenance projects
for various citywide facilities.
ALTERNATIVES:
City Council could instruct staff to reject the bids and provide direction to re-advertise. This action
may result in a savings, however, given that there are 4 other bids indicating today's cost to build
is in this order of magnitude there is always the possibility that the price could go up. City Council
could instruct staff to cancel the project and not award the project. This action would require the
Parks Department to continue housing their equipment outside and continue to subject it to the
harsh saltwater environment, resulting in elevated maintenance costs.
FISCAL IMPACT:
The fiscal impact in FY 2022 is an amount of$1,699,558.00 with funding available from the Parks
and Recreation Bond 2014, Parks and Recreation Bond 2018, and SHOT Funds.
FUNDING DETAIL:
Fund: Parks and Recreation Bond 2014 Fund (3294)
Mission Elem: Park Maintenance (141)
Project: North Padre Island Beach Maintenance Equipment Storage Facility (E15102)
Account: Construction (550910)
Activity: E15102-01-3294-EXP
Amount $876,315.59
Fund: Parks and Recreation Bond 2018 Fund (3295)
Mission Elem: Park Maintenance (141)
Project: North Padre Island Beach Maintenance Equipment Storage Facility (E15102)
Account: Construction (550910)
Activity: E15102-01-3295-EXP
Amount $563,000.00
Fund: State HOT Beach Fund (1032)
Org: Beach Gulf Maintenance (13836)
Mission Elem: Park Maintenance (141)
Project: North Padre Island Beach Maintenance Equipment Storage Facility (E15102)
Account: Construction (550910)
Activity: E15102-01-1032-EXP
Amount $260,242,41.00
RECOMMENDATION:
Staff recommends awarding a construction contract for North Padre Island Beach Maintenance
Equipment Storage Facility to STBP Inc. of Corpus Christi, Texas.
LIST OF SUPPORTING DOCUMENTS:
Location and Vicinity Maps
Bid Tab
CIP Page
Page 1 of 2
Ordinance awarding a construction contract to South Texas Building
Partners, Inc, Corpus Christi, Texas, for the construction of a new
storage facility for beach maintenance equipment at North Padre
Island in the amount of $1,699,558, appropriating $260,242.41 in the
State Hotel Occupancy Tax (SHOT) Fund, and amending the FY 2022
operating and capital budgets; located in Council District 4, with
FY2022 funding available from Parks and Recreation Bond 2014, Parks
and Recreation Bond 2018, and SHOT Funds.
WHEREAS, the bids received for the North Padre Island Beach Maintenance Equipment
Storage Facility Project ("Project") exceed the project budget, and funding is available
from Bond 2018 and State Hotel Occupancy Tax ("SHOT") funds to fund this Bond 2014,
Proposition 2 project;
WHEREAS, Bond 2018 was approved by voters in November 2018, and funds to
complete all Bond 2018, Proposition C projects have been identified; and
WHEREAS, SHOT funds may be used to clean and maintain beaches, and the beach
maintenance equipment storage facility is required to achieve the purpose of cleaning
and maintaining the beaches.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. The City Council supports the use and commitment of $563,000 in Bond
2018, Proposition C proceeds and $260,242.41 in SHOT funds to fund the construction
of the North Padre Island Beach Maintenance Equipment Storage Facility Project. This
ordinance is appropriating $260,242.41 from the unreserved fund balance in the Fund
1032 SHOT Fund.
SECTION 2. The Corpus Christi FY2021-2022 Operating Budget adopted by Ordinance
No. 032539 is amended to appropriate $260,242.41 to Fund 1032 and increase
expenditures by $260,242.41 .
SECTION 3. The Corpus Christi FY2021-2022 Capital Budget adopted by Ordinance No.
032540 is amended to increase expenditures by $260,242.41.
SECTION 4. The City Manager or designee is authorized to execute a construction
contract with South Texas Building Partners, Inc. Corpus Christi, Texas, for the
construction in the amount of $1 ,699,558 for the North Padre Island Beach Maintenance
Equipment Storage Facility Project.
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of , 2022, by the following vote:
Paulette M. Guajardo John Martinez
Page 2 of 2
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 2022, 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 , 2022
ATTEST:
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
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N. PADRE ISLAND BEACH CITY COUNCIL EXHIBIT
MAINTENANCEEQUIPMENT CITY OF CORPUS CHRISTI,TEXAS vAl
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NORTH PADRE ISLAND BEACH MAINTENANCE EQUIPMENT STORAGE FACILITY E15102
Item Description Unit Quantity STBP,Inc.PO Box Marshall Company 500 Geo Fill 9900 DOERR Progressive Structures Northstar Elite
2461 North Shoreline Blvd. LANE 6133 Ayers Street Construction 36250 FM
Corpus Christi,TX Suite 901 SCHERTZ,TX 78154 Corpus Christi,TX 78415 3159 New Braunfels,TX
Al Mobilization(Not to 1 $15,000.00 $20,000.00 $26,997.98 $43,200.00 $10,000.00
exceed 5%) Lump Sum
A2 Bonds and Insurance Allownace 1 $58,039.00 $22,000.00 $59,703.49 $22,218.56 $30,000.00
A3 Storm Water Pollution 1 $935.00 $15,000.00 $17,250.00 $8,640.00 $5,757.00
Plan Lump Sum
Sub Totals $73,974.00 $57,000.00 $103,951.47 $74,058.56 $45,757.00
131 Masonry Lump Sum 1 $139,863.00 $179,300.00 $312,675.39 $162,004.32 $247,000.00
132 Metal building 1 $864,740.00 $514,370.00 $255,720.95 $587,513.52 $451,987.00
com fete Lump Sum
133 Vehicle wash bay 1 $20,000.00 $16,700.00 $36,863.75 $16,438.68 $15,218.00
equipment Lump Sum
134 Mechanical Lump Sum 1 $24,350.00 $22,800.00 $89,507.16 $21,602.16 $50,000.00
135 Electrical Lump Sum 1 $114,457.00 $141,900.00 $157,850.44 $139,818.96 $250,000.00
136 Plumbing Lump Sum 1 $89,222.00 $287,000.00 $123,775.55 $376,475.04 $349,500.00
Sub Totals $1,252,632.00 $1,162,070.00 $976,39324 $1,303,852.68 $1,363,705.00
C1 Earthwork Lump Sum 1 $79,764.00 $135,300.00 $278,705.84 $121,419.00 $155,000.00
C2 Concrete paving Lump Sum 1 $209,188.00 $264,000.00 $265,105.30 $237,600.00 $192,600.00
C3 Dum ster Enclosure Lump Sum 1 $12,000.00 $12,000.00 $46,336.29 $10,046.16 $5,000.00
C4 Landscaping and 1 $25,000.00 $80,800.00 $66,500.00 $68,338.08 $62,974.00
Irrigation Lump Sum
Sub Totals $325,952.00 $492,100.00 $656,647.43 $437,40324 $415,574.00
D1 Permit Allownace 1 $9,000.00 $9,000.00 $9,000.00 $9,000.00 $9,000.00
D2 Unforeseen Conditions 1 $38,000.00 $38,000.00 $38,000.00 $38,000.00 $38,000.00
Allowance
Sub Totals $47,000.00 $47,000.00 $47,000.00 $47,000.00 $47,000.00
Grand Total $1,699,558.00 $1,758,170.00 $1,783,992.14 $1,862,314.48 $1,872,036.00
Padre Island Storage Facility
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Capital Improvement Plan 2022 thru 2024
City of Corpus Christi, Texas
Project# E15102
Project Name North Padre Island Beach Storage Facility
Type Improvement/Additions Department Parks and Recreation y
Useful Life 25 years Contact Park Director
Category Site Improvements Priority 5 Needed-Deficient Services
Status Active
Description
This project will construct a Parks Beach Storage Facility south of Packery Channel on City-owned property.
Justification
Consistency with Comprehensive Plan;Policy Statements pp.48-50;Parks Open Space Master Plan.This facility will be used to stage
equipment and staff who provide maintenance and lifeguarding services to gulf beach.
Expenditures Prior Years 2022 2023 2024 Total
Construction/Rehab 1,494,521 1,494,521
Design 247,642 247,642
Eng,Admin Reimbursements 50,984 160,000 210,984
Tom 298,626 1,654,521 1,953,147
Funding Sources Prior Years 2022 2023 2024 Total
G.O. Bond 2014 298,626 904,521 1,203,147
G.O. Bond 2018 750,000 750,000
Total 298,626 1,654,521 1,953,147
Budget Impact/Other 71
Upon completion of project staffing and increased operational costs for facility will be funded by existing Hotel Occupancy Tax(HOT)Funds.
71
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AGENDA MEMORANDUM
NCORPOR I First Reading Ordinance for the City Council Meeting February 15, 2022
1852 Second Reading Ordinance for the City Council Meeting of February 22, 2022
DATE: February 15, 2022
TO: Peter Zanoni, City Manager
FROM: Jeff Edmonds, P.E., Director of Engineering Services
JeffECa)-cctexas.com
(361) 826-3851
License Agreement with T-Mobile West LLC. for use of Premises at Fire Station 16
CAPTION:
Ordinance authorizing a License Agreement with T-Mobile West LLC for use of City property at
Fire Station 16 on Mustang Island to operate a temporary antenna facility during Spring Break
2022 beginning March 1, 2022 to April 4, 2022 for a one-time fee of$2,500, located in Council
District 4, with FY 2022 revenues to be deposited to the General Fund.
SUMMARY:
This ordinance authorizes a lease agreement between the City and T-Mobile for use of premises
at Fire Station 16 to operate a temporary cell tower beginning March 1, 2022 and expiring April 4,
2022.
BACKGROUND AND FINDINGS:
During Spring Break the City of Corpus Christi is a popular tourist destination. During this time,
there are greater than average crowds that visit the beach at Mustang Island and North Padre
Island. As a result, cell phone usage may become overloaded on existing cell towers in the
area creating an impact on essential services. T-Mobile has requested to place a temporary cell
tower at Fire Station 16 on Mustang Island to mitigate the issue. This temporary tower will
enhance coverage in the immediate area and help ensure public and private communications
are not disrupted due to the influx of large crowds during this time. The lease agreement term is
beginning March 1, 2022 and expires April 4, 2022.
A 110-foot tower will be placed on a trailer with three wires supported by heavy concrete blocks
approved by a structural engineer will be stored and operated during this term. Electrical service
will be provided by a contained diesel-fueled generator that will be inspected and re-fueled daily.
T-Mobile is currently obtaining all required permits from the City. The tower and its operation
have been approved by the Fire Department Administration and will not impact any Fire
Department operations or services. All terms and conditions are listed in the lease.
ALTERNATIVES:
Council can direct staff to disapprove the lease agreement which could impact public and private
communications during Spring Break due to the influx of visitors at Mustang Island and North
Padre Island.
FISCAL IMPACT:
The fiscal impact in FY 2022 is an amount of$2,500.00 of revenues to be deposited in the
General Fund.
Funding Detail:
Fund: General Fund (1020)
Org# Fire Stations (12010)
Mission Elem: Revenue (888)
Project: T-Mobile Cell Tower (Project No. N/A)
Account: Revenue (344000)
Activity: N/A
Amount $2,500.00
RECOMMENDATION:
The recommendation is to approve this item as presented.
LIST OF SUPPORTING DOCUMENTS:
Location and Vicinity Maps
Ordinance
Lease Agreement
Ordinance authorizing a License Agreement with T-Mobile West LLC
for use of City property at Fire Station 16 on Mustang Island to operate
a temporary antenna facility during Spring Break 2022 beginning
March 1, 2022 to April 4, 2022 for a one-time fee of $2,500, located in
Council District 4, with FY 2022 revenues to be deposited to the
General Fund.
WHEREAS, T-Mobile West LLC has requested to locate a temporary antenna facility at
Fire Station 16 on Mustang Island during Spring Break 2022 to off-load the increased
traffic on the permanent tower during this timeframe so that no essential services are
disrupted; and
WHEREAS, the License will be for 5600 square foot (70' x 80')tract of land on Fire Station
16, located at 8185 State Highway 361 on Mustang Island.
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 a License
Agreement with T-Mobile West, LLC for use of City property on Mustang Island to locate
and operate a temporary antenna facility from March 1 — April 4, 2022, such Agreement
at all times subject to the Licensee's compliance with the conditions specified in the
Agreement. The License Agreement includes a one-time fee of $2,500.00.
SECTION 2. The City Manager or designee is authorized to extend the license if needed
to accomplish the purpose of the License upon the same terms and conditions.
That the foregoing ordinance was read for the first time and passed to its second reading on this
the day of 2022, 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 2022, 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 , 2022
ATTEST:
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
Revocable License for
Use of Premises
STATE OF TEXAS §
COUNTY OF NUECES §
This premises license ("License") is entered into by and between the City of Corpus Christi
("City"), a Texas home-rule municipal corporation, and T-Mobile West LLC, a Delaware
limited liability company ("Licensee").
In accordance with Article IX, Section 1 , of the City's City Charter, the City by these
presents does grant and convey to Licensee, for the term and upon the conditions stated
in this License, a License for Use of Premises to allow the Licensee to locate and operate
a temporary antenna facility ("Antenna Facilities") at Fire Station No. 16 on Mustang
Island in full compliance and at all times subject to the Licensee' compliance with the
conditions specified in this License.
The area in which the License is granted for the location of the Licensee's Antenna
Facilities is depicted on Exhibit "A" (Location Map) and referred to in this License as the
"License Area." The plans for the equipment including equipment dimensions are shown
on Exhibit "B" (Plan View).
The City and Licensee agree as follows:
A. This License, and the rights granted under the License, may be revoked at any
time by the City upon providing the Licensee not less than 30 calendar days'
notice in writing by the City Manager or designee ("City Manager").
B. This License grants Licensee use of 5,600 square feet (70' x 80') tract of land
on Fire Station No. 16 property located at 8185 State Highway 361 on Mustang
Island.
C. This License becomes effective upon the signature of the City Manager or
designee and shall be for a term from March 1 , 2022, to April 4, 2022. This
license is void if not fully executed with copies provided to Licensee by the date
of March 1 , 2022.
C. In consideration of the License herein granted, Licensee agrees to pay the City
$2,500 for this License.
D. Upon termination or expiration of this License, the Licensee shall remove all
equipment from the License Area. If Licensee fails to remove the temporary
tower and all supporting equipment by the expiration date of this License,
Licensee shall pay a storage fee to the City equal to the License fee.
License for Use of Premises for Telecommunications Page 1 of 12
E. Upon termination or expiration of this License, the Licensee shall repair the
License Area to its original condition. This includes repairing the ground to leave
no ruts that will interfere with the mowing equipment. In the event Licensee fails
to return the premises to its original condition, Licensee agrees that City may
perform the repairs and invoice Licensee for the cost. Licensee shall pay all
invoices within 30 days of receipt.
F. This License may not be assigned by Licensee without the City Manager's
written consent.
G. The Licensee shall acquire and maintain at all times for the term of this License
insurance coverage as shown in Exhibit C pertaining to the License Area
granted under this License and the activities authorized by this License. The
types of required insurance coverage's must be in the minimum amounts set
forth in the attached Exhibit C, and the substantive content of Exhibit C being
incorporated by reference into this License as if fully set out here in its entirety.
The insurance policies must name the City as an additional insured and may
not be canceled, renewed or materially changed by Licensee unless at least
ten (10) days advance written notice has been provided to the City. Licensee
shall provide copies of all insurance policies to the City's City Attorney.
H. Should construction, installation, repair or replacement of the Antenna Facilities
be deemed necessary by Licensee in the License Area, then schedules, plans
and specifications for all proposed work shall be submitted in advance by the
Licensee to the City Engineer for approval prior to installing any equipment.
The plans must show the type of equipment, installation schedule, the location
of installation, and planned maintenance or adjustments. The Licensee shall
also comply with any other laws, rules, regulations, and ordinances that may
be applicable, including obtaining all required permits.
I. Prior to the start of any approved installation, Licensee shall require every
contractor and subcontractor to provide a Certificate of Insurance reflecting
insurance in coverage amounts as set forth in Exhibit C. Additionally, Licensee
shall require their contractors and subcontractors to indemnify the City, its
officers, officials, employees, representatives, agents, and invitees in the same
manner that Licensee has provided indemnification to the City pursuant to this
License.
J. Licensee shall provide all necessary and proper safety devices to prevent
injuries or accidents on the City's property.
K. Any installation, operation and use of the License Area by Licensee shall not
interfere with the operation of the City or any of its agents, contractors, or
franchisees of any existing or future proposed uses. Licensee shall insure
that no damage is made to the irrigation/septic system located on the
premises.
License for Use of Premises for Telecommunications Page 2 of 12
L. The Licensee shall not interconnect into any of the City networks or other
infrastructure, including electric power.
M. If, as determined by the City Manager, damage occurs to the License Area or
to the public infrastructure or services due to the Licensee or its contractor's or
agent's use of the License Area, then Licensee shall allow the City immediate
access to the License Area to perform an assessment, make repairs or take
any other action deemed necessary by the City. Determination of the extent of
damage and repairs necessary to restore the premises or services shall be
made by the City Director of Facilities or designee. All costs of the City
associated with said damage and repair, including labor and materials, shall be
paid by Licensee within 30 days of the City's invoice.
N. Use of the License Area authorized by this License is strictly limited to the
transmission and reception of radio communication signals and for the
installation, maintenance, repair or replacement of the Antenna Facilities
described and depicted in Exhibit B. Licensee shall keep and maintain the
Antenna Facilities on the premises in commercially reasonable condition during
the term of this License. Licensee shall have 24-hour access to the premises
at all times during the terms of this License.
O. INDEMNIFICATION. By its acceptance of this license, the Licensee
covenants and agrees fully to indemnify and hold harmless the City and
the elected officials and officers and employees of the City, individually
or collectively, from and against any and all costs, claims, liens,
damages, losses, expenses, fees, fines, penalties, proceedings, actions,
demands, causes of action, liability, and suits of any kind and nature,
including but not limited to, personal injury or death and property
damage, made upon the City, directly or indirectly arising out of, resulting
from or related to Licensee's activities under this license, including any
acts or omissions of Licensee, and any respective agent, officer, director,
representative, employee, consultant, or sub-licensee of Licensee, and
their respective officers, agents, employees, directors and
representatives while in the exercise or performance of the rights or
duties under this license, all without, however, waiving any governmental
immunity available to the City under Texas law and without waiving any
defense of the parties under Texas law. The provisions of this
indemnification are solely for the benefit of the parties to this license and
are not intended to create or grant any rights, contractual or otherwise,
to any other person or entity. Licensee shall promptly advise the City in
writing of any claim or demand against the City or Licensee known to the
Licensee related to or arising out of Licensee's activities under this
license and shall see to the investigation and defense of the claim or
demand at Licensee's cost. The City shall have the right, at its option and
at its own expense, to participate in the defense without relieving
Licensee of any of its obligations under this paragraph. The City shall
License for Use of Premises for Telecommunications Page 3 of 12
cooperate with Licensee in the defense of all claims, proceedings,
actions, and suits subject to this indemnification. This indemnification
shall not extend to any costs, claims, liens, damages, losses, expenses,
fees, fines, penalties, proceedings, actions, demands, causes of action,
liability, or suit to the extent they directly or indirectly arise out of, result
from or relate to the negligent or wrongful acts or omissions of City or its
officers, agents, employees, representatives, consultants, or contractors.
This indemnification survives the termination or expiration of this license.
P. All signatories signing this License warrant and guarantee that they have the
authority to act on behalf of the entity represented and make this License
binding and enforceable by their signatures.
Q. Unless otherwise stated in this License, any notice required or permitted to be
given under this License must be in writing and sent by certified mail, return
receipt requested to the following addresses:
If to Licensee: T-Mobile USA, Inc.
12920 SE 381h Street
Bellevue, WA 98006
If to the City: City of Corpus Christi
Attn: Director of Engineering Services
P. O. Box 9277
Corpus Christi, TX 78469-9277
Any party shall, by notice to the others in accordance with the provisions of this
paragraph, specify a different address or addressee for notice purposes within
10 days of any address change.
R. This License shall be construed under and in accordance with the laws of the
State of Texas, and all obligations of the parties created pursuant to this
License are performable in Nueces County, Texas. Venue for all actions
arising from, out of, or related to this License must be brought in Nueces
County, Texas.
S. The Licensee further agrees, in compliance with the City of Corpus Christi
Ordinance No. 17112, to complete, as part of this License, the completed
"Disclosure of Interests" form is attached and incorporated by reference into
this License as Exhibit D as if set out here in their entireties.
T. Licensee may be required to remove the Antenna Facilities within 24 hours'
notice in the event of a storm situation. Licensee agrees that the City may
License for Use of Premises for Telecommunications Page 4 of 12
remove the Antenna Facilities at no liability to the City if Licensee fail to take
action to remove the Antenna Facilities within 24 hours' notice.
U. City reserves the right to require Licensee to relocate the Antenna Facilities at
Licensee's sole cost upon reasonable notice when such relocation is deemed
necessary by the City Manager or designee.
V. This instrument, including exhibits, constitutes the entire License between the
City and the Licensee, and no prior written, oral, or contemporaneous promises,
warranties, or representations shall be binding upon any parties. This License
may only be amended by written instrument signed by authorized
representatives of the City and Licensee.
EXECUTED IN DUPLICATE this day of , 2022.
T-Mobile West LLC
Date
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on , 2022, by
on behalf of said Limited Liability Company.
Notary Public's Signature
License for Use of Premises for Telecommunications Page 5 of 12
ATTEST: CITY OF CORPUS CHRISTI
By:
City Secretary Jeff H. Edmonds, P.E.
Director of Engineering Services
Approved as to legal form: , 2022
Assistant City Attorney
for the City Attorney
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on , 2022, by Jeff
H. Edmonds, P.E., Director of Engineering Services, of the City of Corpus Christi, a Texas
Municipal Corporation, on behalf of said corporation.
Notary Public's Signature
License for Use of Premises for Telecommunications Page 6 of 12
EXHIBIT A - LOCATION FOR EQUIPMENT INSTALLATION
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License for Use of Premises for Telecommunications Page 7 of 12
EXHIBIT B
PLAN VIEW SHOWING EQUIPMENT DIMENSIONS
License for Use of Premises for Telecommunications Page 8 of 12
EXHIBIT C
Insurance Requirements
1.1 Licensee must not commence performance under the License until all required insurance
has been obtained and such insurance has been approved by the City.
1.2 Licensee must furnish to the Director of Engineering Services with the signed agreement
a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the
following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager.
The City must be listed as an additional insured on the General Liability policy, and a
waiver of subrogation is required on all applicable policies. Endorsements must be
provided with COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation, Bodily Injury and Property Damage
required on all certificates or by applicable Per occurrence - aggregate
policy endorsements
Commercial General Liability including: $1,000,000 Aggregate
1. Commercial Broad Form
2. Premises —Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
1.3 In the event of accidents of any kind related to the License, Licensee must furnish the City
with copies of all reports of any accidents within 10 days of the accident.
1 .4 Licensee shall obtain and maintain in full force and effect for the duration of the
License, and any extension thereof, at Licensee'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.
1 .5 Licensee is required to submit a copy of the replacement certificate of insurance
to City at the address provided below within 10 days of the requested change. Licensee
shall pay any costs incurred resulting from said changes. All notices under this Article
shall be given to City at the following address:
City of Corpus Christi
Attn: Engineering Services
P.O. Box 9277
Corpus Christi, TX 78469-9277
License for Use of Premises for Telecommunications Page 9 of 12
1.6 Licensee agrees that with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
1.6.1 Provide for an endorsement that the"other insurance" clause shall not apply to the
City of Corpus Christi where the City is an additional insured shown on the policy;
1.6.2 Provide 30 calendar days advance written notice directly to City of any suspension,
cancellation or non-renewal of coverage, and not less than 10 calendar days
advance written notice for nonpayment of premium.
1.7 Within five calendar days of a suspension, cancellation or non-renewal of coverage,
Licensee shall provide a replacement Certificate of Insurance and applicable endorsements to
City. City shall have the option to suspend Licensee'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 the License.
1.8 Nothing herein contained shall be construed as limiting in any way the extent to which
Licensee may be held responsible for payments of damages to persons or property resulting
from Licensee's performance covered by the License.
1.9 It is agreed that Licensee's insurance shall be deemed primary and non-contributory with
respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising
out of operations under this agreement.
1.10 It is understood and agreed that the insurance required is in addition to and separate from
any other obligation contained in this agreement.
License for Use of Premises for Telecommunications Page 10 of 12
EXHIBIT D
CITY OF CORPUS CHRISTI
City r
Corpus DISCLOSURE OF INTEREST
Christi
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do
business with the City to provide the following information. Every question must be answered. If
the question is not applicable, answer with "NA". See reverse side for Filing Requirements,
Certifications and definitions.
COMPANY NAME:
P. O. BOX:
STREET ADDRESS: CITY: ZIP: -
FIRM IS: 1. Corporation ❑ 2. Partnership H
3. Sole Owner E:14. Association 5. Other
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest"
constituting 3%or more of the ownership in the above named "firm."
Name Job Title and City Department (if known)
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest"
constituting 3%or more of the ownership in the above named "firm."
Name Title
3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"
constituting 3%or more of the ownership in the above named "firm."
Name Board, Commission or Committee
4. State the names of each employee or officer of a"consultant"for the City of Corpus Christi who worked
on any matter related to the subject of this contract and has an "ownership interest" constituting 3%
or more of the ownership in the above named "firm."
Name Consultant
License for Use of Premises for Telecommunications Page 11 of 12
FILING REQUIREMENTS
If a person who requests official action on a matter knows that the requested action will confer an
economic benefit on any City official or employee that is distinguishable from the effect that the action
will have on members of the public in general or a substantial segment thereof, you shall disclose that
fact in a signed writing to the City official, employee or body that has been requested to act in the
matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall
also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)]
CERTIFICATION
I certify that all information provided is true and correct as of the date of this statement, that I have
not knowingly withheld disclosure of any information requested; and that supplemental statements will
be promptly submitted to the City of Corpus Christi,Texas as changes occur.
Certifying Person: Title:
(Type or Print)
Signature of Certifying Person: Date:
DEFINITIONS
a. "Board member." A member of any board,commission,or committee appointed by the City Council
of the City of Corpus Christi, Texas.
b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect
on that interest that is distinguishable from its effect on members of the public in general or a
substantial segment thereof.
c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time
basis, but not as an independent contractor.
d. "Firm." Any entity operated for economic gain,whether professional, industrial or commercial,and
whether established to produce or deal with a product or service, including but not limited to,entities
operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint
stock company, joint venture, receivership or trust, and entities which for purposes of taxation are
treated as non-profit organizations.
e. "Official."The Mayor, members of the City Council,City Manager, Deputy City Manager,Assistant City
Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,
Texas.
f. "Ownership Interest." Legal or equitable interest,whether actually or constructively held, in a firm,
including when such interest is held through an agent,trust,estate,or holding entity. "Constructively
held" refers to holdings or control established through voting trusts, proxies, or special terms of
venture or partnership agreements."
g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi
for the purpose of professional consultation and recommendation.
License for Use of Premises for Telecommunications Page 12 of 12
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NogPoapYEo AGENDA MEMORANDUM
1852 First Reading for the City Council Meeting of February 15, 2022
Second Reading for the City Council Meeting of February 22, 2022
DATE: February 15, 2022
TO: Peter Zanoni, City Manager
FROM: Heather Hurlbert, CPA, CGFO Director of Finance and Procurement
Heatherh3@cctexas.com
(361) 826-3227
FY 2022 Operational Budgeted Headcount Adjustment
Procurement Department
CAPTION:
Ordinance approving the addition of one full-time position to the budget of the
Procurement Division of the Finance & Procurement Department for a Contract Manager,
as recommended by the City Audit Committee; and amending the FY 2022 Operating
Budget to increase the number of positions by one, with funding coming from the existing
FY 2022 Procurement operational budget.
SUMMARY:
This Ordinance increases the Procurement Fund positions from thirty-two (32) to thirty-
three (33) to add one Contract Manager for centralized contract administration.
BACKGROUND AND FINDINGS:
The final step in the procurement process is contract management The objective of
contract management is to ensure the contract is performed satisfactorily and
responsibly. Currently, there is no centralized oversight for department contract
administration. As recommended as part of the Procurement Weaver study, establishing
a centralized Contract Manager to oversee the contract administration function will ensure
that all contracts are tracked, documented, and reported on in a unified methodology.
Increased contract monitoring will ensure targets and milestones are met and will allow
for maximizing contract utilization and value. Contract management becomes most
effective when all areas of an organization are brought in, and ownership is assigned.
This position will be responsible for developing the guidelines and training requirements
for all department contract coordinators. The City has over 2,162 active contracts
(Including MOUs, Inter-Local Agreements, and Leases). The Contract Manager will audit
contract compliance and develop reporting requirements.
Another advantage to having centralized oversight will be the ability to identify and
coordinate larger multi-department even citywide contracts. This will allow the City to
better leverage buying power and potentially receive more favorable pricing.
ALTERNATIVES:
One alternative would be to wait until the normal budget cycle. Delaying the action until
the FY 2023 budget adoption would likely delay hiring until calendar year 2024. Another
alternative is to not approve this position, and the City could continue to operate as it
does today.
FISCAL IMPACT:
The first year estimated cost to hire the full-time Contract Manager is $105,000 for salary,
benefits, and supplies. The estimated cost for FY 2022 is $70,000 and the position will
be funded through the existing Procurement Fund Operating Budget.
Funding Detail (Remaining Year):
Fund/Org: N/A
Project No.: N/A
Account: N/A
Activity: N/A
Amount: N/A
RECOMMENDATION:
Staff recommends approval of the Ordinance to add one position to the Procurement
Division of the Finance and Procurement Department.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Ordinance approving the addition of one full-time position to the budget of
the Procurement Division of the Finance & Procurement Department for a
Contract Manager, as recommended by the City Audit Committee; and
amending the FY 2022 Operating Budget to increase the number of positions
by one, with funding coming from the existing FY 2022 Procurement
operational budget.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS:
Section 1. The fiscal year 2021-2022 ("FY 2022") Operating Budget, approved by Ordinance
032539, is amended to add one full-time equivalent ("FTE") position for a Contract Manager,
including the required salary and benefits, to the total number of FTEs shown for the Procurement
Division of the Finance & Procurement Department, as recommended by the Audit Committee.
Section 2. The FY 2022 Operating Budget is amended to increase by one the total number of
FTEs to be paid from currently budgeted FY 2022 operational funds of the Procurement Division
budget, resulting in no increase to revenues nor expenditures in the FY 2022 Operating Budget.
The foregoing ordinance was read for the first time and passed to its second reading on this the
day of 2022, 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 2022, 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 , 2022
ATTEST:
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
so
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v AGENDA MEMORANDUM
WoRPORPg4 First Reading Ordinance for the City Council Meeting February 15, 2022
1852 Second Reading Ordinance for the City Council Meeting February 22, 2022
DATE: February 15, 2022
TO: Peter Zanoni, City Manager
FROM: Kevin Smith, Director of Aviation
KevinS4(a)cctexas.com
(361) 289-0171
Ordinance authorizing the City Manager to execute an Estoppel Lease Amendment
for MREIC Corpus Christi TX lease agreement with the Corpus Christi International
Airport.
CAPTION:
Ordinance approving a lease estoppel and amendment to the ground lease with MREIC
Corpus Christi TX, LLC ("Tenant") at the Corpus Christi International Airport to include
language required for a merger and loan transaction by the Tenant; authorizing the City
Manager to execute all documents necessary and related to the amendment and
refinancing transaction; and providing for an effective date.
SUMMARY:
MREIC, is a current tenant since 2011 , as part of a planned merger and refinancing of
mortgage loan transaction of their leasehold interest, has requested that the City agree
to amend the Lease and execute all documents as may be necessary and related to the
transaction. No financial impact to the Airport Fund. All other terms and conditions to
remain the same. Attached is survey of the subject premises.
BACKGROUND AND FINDINGS:
The City and Corpus Christi Developments 1 , LLC, doing business as Corpus Christi
FXG, LLC, executed a ground lease dated October 12, 2010, and which commenced
December 12, 2010, for 8.18 acres at the Corpus Christi International Airport for
development and construction of a build-to-suit cargo and shipping facility. Corpus Christi
Developments 1, LLC, subleased the acreage to FedEx Ground Package System, Inc.
The City Council agreed to an assignment and assumption of the Leased premises on
August 23, 2011 , to MREIC Corpus Christi TX, LLC, having an address at 101
Crawfords Corner Road, Suite 1405, Holmdel, NJ 07733
As permitted under the existing lease agreement, the tenant MREIC wishes to undergo a
merger, and has requested a lease estoppel from the City of Corpus Christi to provide
agreement information to refinance the loan process. As part of refinancing process, the
merger requires an amendment to the current contract to provide language identifying the
new lender on the leasehold interest for the premises located at the Corpus Christi
International. The closing date of the Tenant's merger and loan transaction is expected
on February 24, 2022.
ALTERNATIVES:
None
FISCAL IMPACT:
None
FUNDING DETAIL:
Fund: N/A
Organization/Activity: N/A
Mission Element: N/A
Project # (CIP Only): N/A
Account: N/A
RECOMMENDATION:
City staff recommend approval of this action item.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Ground Lease Estoppel
Ordinance approving a lease estoppel and amendment to the ground lease
with MREIC Corpus Christi TX, LLC ("Tenant") at the Corpus Christi
International Airport to include language required for a merger and loan
transaction by the Tenant; authorizing the City Manager to execute all
documents necessary and related to the amendment and refinancing
transaction; and providing for an effective date.
WHEREAS. the City, as landlord, and Corpus Christi Developments 1, LLC, doing business as
Corpus Christi FXG, LLC, as the original tenant, executed a certain Ground Lease ("Lease"), dated
October 12, 2010, and which commenced December 12, 2010, for approximately 8.18 acres at the
Corpus Christi International Airport ("Airport");
WHEREAS, Corpus Christi Developments 1, LLC, subleased the acreage to FedEx Ground
Package System, Inc., for development and construction of a build-to-suit cargo and shipping facility;
WHEREAS, the City Council subsequently agreed to a certain Assignment and Assumption of
Ground Lease ("Assignment") on August 23, 2011, with such Assignment made effective as of October
11, 2011, to MREIC Corpus Christi TX, LLC ("Tenant");
WHEREAS, the Tenant, as part of a planned merger and encumbrance of its leasehold interest,
has requested that the City agree to amend the Lease and execute all documents as may be necessary
and related to the loan transaction; and
WHEREAS, the City Council finds the terms of the amendment to the Lease beneficial and
acceptable to the City.
BE IT ORDAINED 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 ordinance are true and correct and adopts such findings for all intents and purposes related to
the authorization of the Lease amendment and planned loan transaction.
SECTION 2. The City Council approves an amendment to the Lease between the City and MREIC
Corpus Christi TX, LLC, as Tenant, with such amendment to be hereafter known and referred to as the
"First Amendment" (whether or not so designated), and authorizes the City Manager, or his designee,
to execute all documents necessary and related to the First Amendment, the merger, and loan
transaction involving the Tenant, as may be necessary and in substantially the same form as presented
for approval pursuant to this ordinance. A copy of that certain Ground Lease Estoppel and Amendment,
which contains the Lease estoppel and First Amendment,joined into a single instrument, is incorporated
by reference into this ordinance as if fully set out here in its entirety. Following the closing date of the
Tenant's merger and loan transaction, presently anticipated to be February 24, 2022, a fully executed
copy of the Ground Lease Estoppel and Amendment must be submitted by the Tenant and placed on
file with the Office of the City Secretary.
SECTION 3. 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 4. This ordinance is effective upon Tenant's closing of the transaction stated in Section 2 of
this ordinance. In the event Tenant's closing is not concluded by March 31, 2022, this ordinance is null
and void without any legal effect and without the necessity of further action taken by the City Council.
The foregoing ordinance was read for the first time and passed to its second reading on this the
day of 2022, 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
2022, 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 this the day of ' 2022.
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
Page 2 of 2
GROUND LEASE ESTOPPEL AND AMENDMENT
THIS GROUND LEASE ESTOPPEL AND AMENDMENT (this "Agreement")
dated as of February , 2022, is entered into by and between CITY OF CORPUS CHRISTI
("Lessor" or "C "), having an address at Corpus Christi International Airport, 1000
International Drive, Corpus Christi, Texas 78406 and MREIC Corpus Christi TX, LLC, having
an address at 101 Crawfords Corner Road, Suite 1405, Holmdel, NJ 07733 (together with its
successors and/or assigns, "Lessee" or"Developer"), and for the benefit of CITI REAL ESTATE
FUNDING INC., a New York corporation, CITIGROUP GLOBAL MARKETS REALTY
CORP., a New York corporation, CITIBANK, N.A., a national banking association, UBS AG,
BANK OF AMERICA, N.A., a national banking association, BANK OF MONTREAL, a
Canadian chartered bank, MORGAN STANLEY BANK, N.A., a national banking association,
MORGAN STANLEY MORTGAGE CAPITAL HOLDINGS LLC, a New York limited liability
company and BREF VI HOLDINGS LLC, a Delaware limited liability company (individually
and collectively, as the context may require, and together with their respective successors and/or
assigns, "Lender").
RECITALS
WHEREAS, Monmouth Real Estate Investment Corporation ("Monmouth"), the parent
of Lessee, and Industrial Logistics Properties Trust, have entered into a definitive agreement and
plan of merger and in connection with the foregoing, Lessee shall encumber its interest under the
Lease.
WHEREAS, pursuant to that certain Ground Lease, dated October 12, 2010, between
Lessor and Lessee (as amended, restated or supplemented from time to time, the "Lease"),
Lessor leased to Lessee certain real property described therein (together with all easements and
appurtenances relating thereto, the"Pro e ").
WHEREAS, Lender intends to extend a loan or loans (including, as applicable, any
mezzanine loan made to one or more affiliates of Lessee) (collectively, the "Loan") to Lessee
and certain affiliates of Lessee, to be evidenced by, among other things, that certain Promissory
Note or Promissory Notes made by Lessee and/or the other borrowers a party thereto and
payable to the order of Lender or Lender's agent and/or designee, as applicable (collectively, the
"Note"), and secured by, inter alia, with respect to the mortgage loan or loans a first lien
leasehold mortgage or leasehold deed of trust (or leasehold deed to secure debt, as applicable)
granted by Lessee in favor of Lender or Lender's agent and/or designee, as applicable (as the
same may be amended, restated, extended and/or modified from time to time, the "Securily
Instrument"), encumbering Lessee's interest in the Property and in the Lease, which Security
Instrument will be recorded in the applicable public records (the Note, the Security Instrument
and all other documents executed in connection therewith or in connection with any mezzanine
loan or loans are collectively referred to herein as the "Loan Documents"). Lessor hereby
acknowledges and consents to the foregoing.
NOW, THEREFORE, to induce Lender to make the Loan and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
010808.0000003 EMF US 88662969v6
parties, intending to be legally bound, hereby agree with each other, and for the benefit of
Lender, as follows:
1. Lessor's Representations and Warranties. Lessor represents and warrants to
Lender and Lessee the following:
(a) Lease. A true, correct and complete copy of the Lease is attached
hereto as Exhibit B, along with a final sealed survey attached hereto as Exhibit A, and the Lease
has not been amended except as expressly set forth in Exhibit B. The Lease is in full force and
effect and constitutes the entire agreement between Lessor and Lessee with respect to the
Property and the Lease. Lessee is the tenant under the Lease and is in quiet possession of the
entire Property. The Lease constitutes the legal, valid and binding obligation of Lessor,
enforceable against Lessor in accordance with its terms.
(b) Fee Ownership. Lessor is the record owner of the fee interest in
the Property, subject to the Lease.
(c) Rent. The minimum rent payable under the Lease is assessed for
the gross square footage of the Premises and is currently $2,835.15 per month ("Rent") and will
be in effect until August 31, 2026 at which time the annual rent will be adjusted based on the
fair market value with a cap of a 3% increase over the previous five years and which
adjustment will continue every five years on September 1st based on the fair market value with
a cap of a 3% increase over the previous five years, until the Lease expiration on December 11,
2040. The annual rent is required to be paid in equal monthly installments in advance on the first
day of each month, and such rent has been paid through the month of February 28, 2022. The
Lease does not provide for the payment of any percentage rent by Lessee. There are no other
rents, additional rents or other charges due and payable under the Lease other than the Rent.
(d) The current term of the Lease commenced on December 12, 2010,
and expires on December 11, 2040 (the "Expiration Date"). As of the Expiration Date, all
permanent Improvements (as such term is defined in the Lease) placed or constructed on the
Premises by Lessee revert to the City pursuant to Section 24(c) of the Lease. Lessee has two (2)
ten (10) year options on the Premises at the then fair market rental rate (such Improvements to
assist in future rent calculations, as stated in Section 5).
(e) Defaults; Offsets. Neither Lessor nor Lessee is in default under the
Lease and Lessor has no knowledge of the existence of any event which, with the giving of
notice, the passage of time, or both, would constitute a default by Lessor or Lessee under the
Lease. There are no offsets, counterclaims, defenses, deductions or credits whatsoever with
respect to the Lease, or the rents or other charges due thereunder, or any amounts owing under
any other agreement. All monetary obligations due under the Lease to date have been fully and
currently paid. Lessee has no claim against Lessor for any security, rental, cleaning or other
deposits. No controversy presently exists between Lessor and Lessee, including any litigation or
arbitration, with respect to the Lease or the Property.
(f) No Mortgages on Fee Interest. Lessor has not assigned, transferred,
sold, encumbered or mortgaged its interest in the Lease or the Property (or any part of it) except
2
010808.0000003 EMF US 88662969v6
as expressly set forth in Exhibit B and there currently are no mortgages, deeds of trust or other
security interests encumbering Lessor's fee interest in the Property (or any part of it). No third
party has any option, preferential right or right of first refusal to purchase the Property (or any
part of it) or Lessor's underlying fee interest. No consent or approval of any third party is
required in order for Lessor to deliver this Agreement and to fully perform Lessor's obligations
hereunder, in favor of Lender or any other mortgagee in connection with any refinancing of the
Security Instrument (any such refinancing shall be upon terms and conditions as Lessee may
agree to, with Lender or any other mortgagee in connection therewith).
(g) Eminent Domain. Lessor has not received written notice of any
pending eminent domain proceedings or other governmental actions or any judicial actions of
any kind against Lessee's or Lessor's interest in the Property.
2. Additional Provisions.
(a) Notwithstanding anything in the Lease to the contrary, effective as
of the making of the Loan, Lessor and Lessee hereby agree with each other, and for the benefit of
Lender, that the Lease is hereby amended to add the following Section 32:
"32. The provisions of this Section 32 shall supersede any contrary or
inconsistent provisions in the Lease and in the event of any inconsistency between
the provisions of this Section and any other provision of the Lease, the provisions
of this Section shall govern.
32.1. Developer's Right to Mortgage Lease, Recognition of
Lender as Leasehold Mortgagee.
A. Developer shall have the absolute right, in each case,
without seeking the consent or approval of City, to (i) grant
a first lien leasehold mortgage or deed of trust, as the case
may be (as the same may be amended from time to time,
the "Security Instrument"), encumbering Developer's
leasehold interest in the demised premises (the "Pro e ")
and in the Lease and (ii) grant a pledge of the direct or
indirect interest in Lessee (as the same may be amended
from time to time, the "Pledge'). City hereby recognizes
and acknowledges each of the Security Instrument and
Pledge from Developer (or its affiliates) to the applicable
Lender entered into in connection with the Loan and/or any
of its respective affiliates or Lender's agent and/or
designee, as applicable, and confirms that the loans made
by Lender and secured by the Security Instrument and the
Pledge, as applicable, are a permitted financing under
Section 31(M) of this Lease. "Mezzanine Lender" as used
herein shall mean the lender on any loan secured by the
Pledge.
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010808.0000003 EMF US 88662969v6
B. Notwithstanding anything to the contrary set forth in this
Lease, City hereby agrees that (i) Lessee shall have the
right, at any time, to secure financing on the Premises for
any purpose and (ii) any lender providing such financing
secured by the Security Instrument and the Pledge shall be
deemed a "Leasehold Mortgagee" under the Lease and
further confirms that Lender is a "Leasehold Mortgagee"
under the Lease.
32.2. Right to Perform for Developer, Right to Cure. City
acknowledges and agrees that Lender shall have the right to
perform any term, covenant, condition or agreement to be
performed by Developer under the Lease and City shall accept
such performance by Lender with the same force and effect as if
furnished by Developer. Notwithstanding the terms of the Lease,
City agrees that City shall not terminate the Lease in connection
with any default by Developer unless Lender has been afforded (i)
the same period of time as Developer has under the Lease, plus an
additional thirty (30) days to cure any such default, (ii) in the event
that any such default cannot, with reasonable diligence, be cured
within such thirty (30) day period, such longer time as may be
required to complete such cure, provided Lender notifies City of its
intention to cure such default and Lender promptly commences
and diligently pursues such cure to completion, and (iii) in the
event that such default is incapable of cure by Lender, such time as
may be required for Lender to gain possession of Developer's
interest under the Lease pursuant to the terms of the Security
Instrument and other Loan Documents, provided Lender notifies
City of its intention to cure such default and Lender promptly
commences and diligently pursues such cure to completion. Upon
a foreclosure of the Security Instrument or the Pledge by Lender,
City hereby agrees to waive any non-curable default under the
Lease. For the avoidance of doubt, a non-curable default shall not
include a default that can be cured by the payment of money.
32.3. Lender's Consent. Neither City nor Developer will amend,
modify, cancel or surrender the Lease without Lender's prior
written consent.
32.4. Delivery of Notices. City hereby acknowledges that this
Agreement shall be deemed the request for notice by Lender as set
forth in Section 31(M)(6) of the Lease and, City hereby agrees to
simultaneously deliver to Lender copies of all notices, statements,
information and communications delivered or required to be
delivered to Developer pursuant to the Lease, including, without
limitation, any notice of any default by Developer. In addition,
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010808.0000003 EMF US 88662969v6
City shall promptly notify Lender in writing of any failure by
Developer to perform any of Developer's obligations under the
Lease. No notice, statement, information or communication given
by City to Developer shall be binding or affect Lender unless a
copy of the same shall have simultaneously been delivered to
Lender. All notices to Lender shall be addressed as set forth in this
Agreement, or at such other addresses as Lender shall provide in
writing to the other parties hereto, and shall be given in writing and
shall be effective for all purposes if hand delivered or sent by (a)
certified United States mail, postage prepaid, return receipt
requested, or (b) expedited prepaid delivery service, either
commercial or United States Postal Service, with proof of
attempted delivery. A notice shall be deemed to have been given:
in the case of hand delivery, at the time of delivery; in the case of
certified mail, when delivered (as evidenced by the receipt) or the
first attempted delivery on a business day; or in the case of
expedited prepaid delivery, upon the first attempted delivery on a
business day.
32.5. Lender Not Obligated Under Lease, Permitted Transfers.
The granting of the Security Instrument or the Pledge shall not be
deemed to constitute an assignment or transfer of the Lease or the
Property to Lender, nor shall Lender, as such, be deemed to be an
assignee or transferee of the Lease or of the leasehold estate
thereby created so as to require Lender, as such, to assume the
performance of any of the terms, covenants or conditions on the
part of Developer to be performed thereunder. Notwithstanding
the foregoing, (i) City hereby agrees that Developer shall have the
right to assign or sublet Developer's interest under the Lease to
Lender, its successors or assigns of the Loan and the Loan
Documents, with notice to but without the consent of City and (ii)
to the purchaser at any sale of the Lease and the leasehold estate
thereby created in any proceedings for the foreclosure of the
Security Instrument or the Pledge (including, without limitation,
power of sale) or the assignee or transferee of the Lease, with
notice to the City, and the leasehold estate thereby created under
any instrument of assignment or transfer in lieu of the foreclosure
(whether Lender or any third parry) shall be deemed to be a
permitted assignee or transferee under the Lease upon notice to the
City but without the need to obtain City's consent, and shall be
deemed to have agreed to perform all of the terms, covenants and
conditions on the part of Developer to be performed under the
Lease from and after the date of such purchase and/or assignment
(but not for any obligations or liabilities accruing prior to such
date), but only for so long as such purchaser or assignee is the
owner of the Lease and the leasehold estate thereby created, it
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010808.0000003 EMF US 88662969v6
being understood and agreed that upon a sale or transfer of the
Lease by such party (which sale or transfer shall not require the
consent of City) and written assumption of its obligations under the
Lease by any new purchaser or assignee, the transferring party
shall be relieved of all future liability under the Lease.
32.6. City's Mortgagees; Fee Mortgages Subordinate. Any
existing or future mortgage, lien, or other encumbrance against all
or any portion of City's fee estate in the Premises, or on any other
interest of City in the Lease, or any part thereof, whether given as
security for any indebtedness owed by it or for any other reason,
shall (i) expressly recognize the existence of this Lease, and
expressly provide that such mortgage, lien or encumbrance is
subject and subordinate to the Lease and any renewal, replacement,
amendment or modification of the Lease (and to any new lease that
Lender may be entitled to pursuant to the terms hereof), and (ii)
shall provide that any mortgage, lien or other encumbrance on the
fee estate shall be fully subordinate to the Lease, the leasehold
estate created thereby and the Security Instrument.
Notwithstanding the foregoing, the Lease remains subject at all
times to the subordination rights of the United States government,
acting by and through the Federal Aviation Administration, for
which federal funds have been and will continue to be provided to
the City.
32.7. Casualty and Insurance Proceeds. So long as the
indebtedness, or any part of the indebtedness, secured by the
Security Instrument remains outstanding and unpaid and the
Security Instrument remains of record, City and Developer agree
that: (a) the Lease shall not terminate or be canceled at any time
upon the damage or destruction by fire or other casualty of all,
substantially all, or any part of the Property; (b)the insurance
policies required to be maintained pursuant to the Lease shall name
Lender (excluding any Mezzanine Lender, but only in its capacity
as Mezzanine Lender) as an additional named insured and loss
payee/mortgagee; (c) Lender (excluding any Mezzanine Lender,
but only in its capacity as Mezzanine Lender) shall be entitled at
Lender's option to participate in any adjustment, settlement or
compromise with respect to any insurance claim; and (d) all
proceeds of such insurance policies shall be payable first to Lender
(excluding any Mezzanine Lender, but only in its capacity as
Mezzanine Lender) as loss payee (City subordinating any right to
receive such proceeds to Lender, excluding any Mezzanine Lender,
but only in its capacity as Mezzanine Lender) to be applied by
Lender (excluding any Mezzanine Lender, but only in its capacity
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010808.0000003 EMF US 88662969v6
as Mezzanine Lender) in accordance with the terms of the Security
Instrument(or other applicable loan documents).
32.8. Condemnation and Condemnation Proceeds. So long as the
indebtedness, or any part of indebtedness, secured by the Security
Instrument remains outstanding and unpaid and the Security
Instrument remains of record, City and Developer agree that: (a)
the Lease shall not terminate or be canceled upon a taking or
condemnation pursuant to an eminent domain proceeding of all,
substantially all, or any part of the Property without Lender's
consent or unless required by law; (b) any and all awards for any
taking or condemnation shall be first payable to Lender (excluding
any Mezzanine Lender, but only in its capacity as Mezzanine
Lender) for application in accordance with the terms of the
Security Instrument, with any remainder due to City, if so entitled
by law; and (c) Lender shall have the right to apply its portion of
the condemnation proceeds in accordance with the terms of the
Security Instrument (or other applicable loan documents) and shall
be entitled at its option to participate in any compromise,
settlement or adjustment with respect to the Property.
32.9. New Direct Lease. If the Lease is canceled or terminated
for any reason (except in connection with bankruptcy proceedings,
for which the provisions of Section 32.10 are hereby agreed upon
by City and Developer), City hereby agrees that City shall, upon
Lender's written election, promptly enter in a new, direct lease
with Lender or its nominee or any other party which Lender may
designate, including without limitation, Developer, with respect to
the Property for the remainder of any portion of the unexpired
Lease term, on the same terms and conditions as the Lease, it being
the intention of the parties to preserve the Lease and leasehold
estate created by the Lease for the benefit of Lender without
interruption. Said new lease shall be superior to all rights, liens
and interests intervening between the date of the Lease and the
granting of the new lease and shall be free of any and all rights of
Developer under the Lease. If Lender designates Developer to
enter into a new direct lease in accordance with the terms of this
Section 32.9 Developer and City acknowledge and agree that
Lender (excluding any Mezzanine Lender, but only in its capacity
as Mezzanine Lender) shall have the right to encumber such new
direct lease and the leasehold estate created thereby with a
leasehold mortgage or deed of trust (as the case may be) on the
same terms and with the same lien priority as the Security
Instrument, it being the intention of the parties to preserve the
priority of the Security Instrument, the Lease and the leasehold
estate created by the Lease for the benefit of Lender without
7
010808.0000003 EMF US 88662969v6
interruption. If the Lease is rejected, cancelled or terminated for
any reason and Lender, its nominee or a designee of Lender enters
into a direct lease with City with respect to the Property, City
hereby agrees that it will execute such documents as Lender may
require in order to ensure that the new direct lease provides for
customary leasehold mortgagee protections, including without
limitation,protections similar to those contained herein.
32.10. Bankruptcy. In the event of any proceeding by either City
or Developer under the United States Bankruptcy Code (Title 11
U.S.C.) as now or hereafter in effect:
(a) If this Lease is rejected in connection with a bankruptcy
proceeding by Developer or a trustee in bankruptcy (or other
party to such proceeding) for Developer, such rejection shall
be deemed an assignment by Developer to the Lender
(excluding any Mezzanine Lender, but only in its capacity as
Mezzanine Lender) of the Property and all of Developer's
interest under this Lease, and this Lease shall not terminate
and the Lender (excluding any Mezzanine Lender, but only
in its capacity as Mezzanine Lender) shall have all rights of
the Developer as if such bankruptcy proceeding had not
occurred, unless Lender shall reject such deemed assignment
by notice in writing to City within thirty (30) days following
rejection of this Lease by Developer or Developer's trustee
in bankruptcy. If any court of competent jurisdiction shall
determine that this Lease shall have been terminated
notwithstanding the terms of the preceding sentence as a
result of rejection by Developer or the trustee in connection
with any such proceeding, the rights of Lender to a New
Lease from City pursuant to Section 32.9 hereof shall not be
affected thereby.
(b) In the event of a proceeding against City under the
Bankruptcy Code:
(i) In the event the bankruptcy trustee, City (as
debtor-in-possession) or any party to such
proceeding seeks to reject the Lease pursuant to
United States Bankruptcy Code §365(h)(1),
Developer shall not have the right to treat this Lease
as terminated except with the prior written consent
of Lender and the right to treat this Lease as
terminated in such event shall be deemed assigned
to Lender (excluding any Mezzanine Lender, but
only in its capacity as Mezzanine Lender), whether
8
010808.0000003 EMF US 88662969v6
or not specifically set forth in the Security
Instrument, so that the concurrence in writing of
Developer and the Lender (excluding any
Mezzanine Lender, but only in its capacity as
Mezzanine Lender) shall be required as a condition
to treating this Lease as terminated in connection
with such proceeding.
(ii) Unless this Lease is treated as terminated in
accordance with subsection 32.10(b)(O above, then
this Lease shall continue in effect upon all the terms
and conditions set forth herein, including rent, but
excluding requirements that are not then applicable
or pertinent to the remainder of the term of this
Lease. Thereafter, Developer or its successors shall
be entitled to any offsets against rent payable
hereunder for any damages arising from such
bankruptcy, to the extent Developer's operation of
business has been materially interfered with, and
any such offset properly made shall not be deemed
a default under this Lease. The lien of the Security
Instrument shall extend to the continuing possessory
rights of Developer following such rejection with
the same priority as it would have enjoyed had such
rejection not taken place.
32.11 No Merger. There shall be no merger of the Lease or
the leasehold estate created thereby with the fee interest in
the Premises or any part thereof by reason of the same
person acquiring or holding, directly or indirectly, the
Lease or the leasehold estate created hereby or any interest
in the Lease or the fee interest in the Premises."
(d) Notwithstanding anything in the Lease to the contrary (including, without
limitation, Section 31 of the Lease), City hereby acknowledges and agrees that a default or event
of default under the Loan Documents shall not, in and of itself, give rise to or result in a default
under the terms of the Lease (irrespective of whether Developer fails to cure the same).
3. Lender's Reliance on Representations. Lessor has executed this Agreement at the
request of Lessee for the purpose of inducing Lender to make the Loan to Lessee and with full
knowledge that Lender shall rely upon the representations, warranties, covenants and agreements
herein contained when making the Loan to Lessee and that, but for this instrument and the
representations, warranties, covenants and agreements herein contained, Lender would not take
such actions. Lessor and Lessee each hereby acknowledge and agree that Lender is an intended
third-party beneficiary of this Agreement and of all of the representations, warranties, covenants
and agreements herein contained.
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010808.0000003 EMF US 88662969v6
4. Notices. Effective as of the making of the Loan, notice hereunder shall be given
to Lender and Lessee as follows:
Lender: Citi Real Estate Funding Inc.
Citigroup Global Markets Realty Corp.
Citibank, N.A.
388-390 Greenwich Street, Trading Floor 4
New York, New York 10013
Attention: Ana Rosu Marmann
Email: ana.rosu@citi.com
UBS AG
1285 Avenue of the Americas, 13th Floor
New York, New York 10019
Attention: Transaction Management
Email: henry.chung@ubs.com
Bank of America, N.A.
c/o Capital Markets Servicing Group
900 West Trade Street, Suite 650
Mail Code: NC1-026-06-01
Charlotte, North Carolina 28255
Attention: Servicing Manager
Email: steve.l.wasser@bofa.com
Bank of Montreal
c/o BMO Capital Markets Corp.
151 West 42nd Street
New York, New York 10036
Attention: Mike Birajiclian
Email: Michael.birajiclian@bmo.com
Attention: Legal Department
Email: BMOCMUSLegal@bmo.com
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010808.0000003 EMF US 88662969v6
Morgan Stanley Bank, N.A.
Morgan Stanley Mortgage Capital Holdings LLC
1585 Broadway, 25th Floor
New York, New York 10036
Attention: John Maurer
Email: John.Maurer@morganstanley.com
BREF VI Holdings LLC,
c/o Brookfield Real Estate Financial Partners LLC
Brookfield Place
250 Vesey Street, 15th Floor
New York, New York 10281
Attention: Laura Stepp
Email: Laura.Stepp@brookfield.com
with a copy to: Fried, Frank, Harris, Shriver& Jacobson LLP
One New York Plaza
New York, New York 10003
Attention: Michael Barker, Esq.
Email Michael.Barker@friedfrank.com
And to: Dechert LLP
Cira Centre
2929 Arch Street
Philadelphia, Pennsylvania 19104
Attention: David W. Forti, Esq.
Email: David.Forti@dechert.com
And to: Cleary Gottlieb Steen & Hamilton LLP
One Liberty Plaza
New York, New York 10006
Attention: Daniel C. Reynolds, Esq.
Email: dreynolds@cgsh.com
Lessee: MREIC Corpus Christi TX, LLC
c/o Industrial Logistics Properties Trust
c/o The RMR Group
Two Newton Place
255 Washington Street, Suite 300
Newton, Massachusetts 02458
Attention: Jennifer B. Clark
Email:jclark@rmrgroup.com
Skadden, Arps, Slate, Meagher and Flom LLP
300 South Grand Avenue
11
010808.0000003 EMF US 88662969v6
Los Angeles, California 90071
Attention: Peter Mair, Esq.
Email: peter.mair@skadden.com
No notice to Lessee under the Lease shall have any force or effect whatsoever unless and until
such copies are delivered to Lender as provided in this Paragraph 4. This Agreement shall
constitute notice to Aviation Director of the name and address of Leasehold Mortgagee pursuant
to Section 31(M)(5)(C) of the Lease.
5. Amendment/Waiver. Effective as of the making of the Loan, (A) this
Agreement shall be deemed to be an amendment to the Lease for all purposes and, to the extent
that there are any conflicts between the terms of this Agreement and the Lease, the terms of this
Agreement shall control, and the Lease shall be deemed amended hereby, and (B) Lender may,
without affecting the validity of this Agreement, extend the time for payment of this Loan or
alter the terms and conditions of any agreement between Lessee and Lender, including, but not
limited to, the Note and the Security Instrument, without the consent of, or notice to, Lessor and
without in any manner impairing or otherwise affecting Lender's rights under this Agreement,
the Security Instrument or the Lease.
6. Miscellaneous. This Agreement shall in all respects be governed by, and
construed and enforced in accordance with, the laws of the State in which the Property is located
(without giving effect to such state's principles of conflicts of law). This Agreement shall be
binding upon Lessor and Lessee, and each of their respective successors and assigns, and shall
inure to the benefit of Lender, Lessor and Lessee, and each of their respective successors and
assigns. This Agreement shall not be amended, modified, canceled or terminated (and Lessee
shall not waive or release any right hereunder) without Lender's prior written consent. This
Agreement may be executed in any number of counterparts, each of which shall be deemed an
original and all of which, when taken together, shall constitute one and the same original. At
Lender's option, a memorandum of this Agreement shall be recorded in the public land records
of the jurisdiction in which the Property is located. The rights of Lender hereunder are in
addition to the rights of Lender granted in the Security Instrument, the Pledge and/or the Lease
and shall not (except as expressly modified in this Agreement) be in derogation thereof. All
agreements and covenants contained herein are severable, and if any one of them is held to be
invalid, then this Agreement shall be interpreted as if such invalid provisions was not contained
herein. To the extent terms in this Agreement conflict with the terms of the Lease, the terms of
this Agreement shall control. No consent or approval of any third party is required in order for
Lessor to deliver this Agreement and to perform fully its obligations hereunder.
[SIGNATURES BEGIN ON FOLLOWING PAGE]
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010808.0000003 EMF US 88662969v6
[THIS DOCUMENT SHALL BE EXECUTED IN QUADRUPLICATE.]
IN WITNESS WHEREOF, the parties hereto have caused this Ground Lease
Estoppel and Amendment to be duly executed and delivered as of the day and year first written
above.
LESSOR:
CITY OF CORPUS CHRISTI
By:
Name:
Title:
STATE OF TEXAS )
ss.:
COUNTY OF NUECES )
This instrument was acknowledged before me on the day of February, 2022,
by , of City of Corpus Christi, a
Texas home-rule municipal corporation, on behalf of said corporation.
[SEAL]
Notary Public in and for the State of Texas
My Commission Expires: Print name of Notary Public
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
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010808.0000003 EMF US 88662969v6
LESSEE:
MREIC CORPUS CHRISTI TX, LLC t
Name: Michael D. Prashad
Title: General Counsel & Corporate Secretary
STATE OF NEW JERSEY )
)ss..
COUNTY OF MONMOUTH)
This instrument was acknowledged before me on the 8th day of February 2022,
by Michael D. Prashad, General Counsel and Corporate Secretary of Monmouth Real Estate
Investment Corporation, a Maryland corporation, on behalf of said corporation, which
corporation is the general managing member of and acknowledged this instrument on behalf of
MREIC Corpus Christi TX, LLC, a Texas limited liability Company.
[SEAL]
Notary Pu is in and for the State of New Jersey
CA,,)5TY, ( . blas
My Commission Expires: � S Print name of Notary Public
CRYSTAL.A.GLAIS
NWARYPUBWOFNEWMW
My Comrdss>m Exom 9f01Z025
010808.0000003 EMF-US 88662969v2
Exhibit A
Survey
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010808.0000003 EMF US 88662969v6
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Exhibit B
Ground Lease
B-1
010808.0000003 EMF US 88662969v6
Ground Lease
At
Corpus Christi International Airport
Between
City of Corpus Christi
And
Corpus Christi FXG, L.L.G.
1
GROUND LEASE
This ground lease (the "Lease") is made effective on the lafter of the dates on which the
parties did execute this Lease, by and between the City of Corpus Christi as lessor ("City") and
Corpus Christi Developments 1, L.L.C., doing business as Corpus Christi FXG, L.L.C., as lessee
("Developer").
WITNESSETH:
WHEREAS, the City owns the Corpus Christi International Airport ("Airport"), located in
Nueces County, State of Texas;
WHEREAS, the Airport is managed by the Director of Aviation ("Aviation Director");
WHEREAS, Developer is organized and existing under the laws of the State of Missouri
and is authorized to transact business in the State of Texas;
WHEREAS, the parties hereto wish to enter into this Lease for land on which Developer
shall construct a distribution facility and related improvements, including vehicle parking areas, for
the purpose of operating a package collection and distribution business ("Project") to be leased
and operated by FedEx Ground Package System, Inc. (the "Sublessee");
NOW THEREFORE, in consideration of the mutual covenants contained herein, the
Parties agree as follows:
AGREEMENT:
1. Premises: City hereby leases to the Developer the land located and more particularly
described in the attached and incorporated Exhibit A ("Premises"). The Premises includes
approximately three hundred fifty six thousand three hundred twenty (356,320) square feet of
land, together with any existing easements.
2. Term: This Lease shall be for a base term of thirty (30) years commencing on the
sixty-first (61s) day following final approval by the City's City Council. Rent will be abated for the
period beginning on the commencement date until the date of beneficial occupancy as determined
by the issuance of a certificate of occupancy by the City ("Certificate of Occupancy") or September
1, 2011, whichever is earlier.
3. Option: Developer will be granted two (2) ten (10) year options on the Premises at
the then fair market rental rate subject to approval of the Federal Aviation Administration ("FAA")
and other terms as set out hereinafter.
4. Contingency: This Lease shall be subject to cancellation if the Developer and
Sublessee do not execute a build to suit sublease agreement on or before October 1, 2010.
5. Improvements: Developer shall provide the City with "as built" drawings of all new
construction ("Improvements") to assist in future rent calculations.
6. Incentives: Upon the issuance of a Certificate of Occupancy for the Project, the
Developer will be granted by the City a payment of Fifty Thousand Dollars ($50,000) as an
economic development incentive, to offset the costs of developing the Premises and completing
the Project at the Airport. The $50,000 payment shall be paid within thirty days after the receipt
of the Certificate of Occupancy.
2
7. Rent: Rent is due and payable on the first day of each calendar month of the
Lease Term. Rent will be assessed for the gross square footage of the Premises and paid on an
annual basis to the Airport at the address shown in Section 30 of this Lease. The rent for the
period from the effective date of this Lease until September 1, 2011, or the date of beneficial
occupancy, whichever is earlier, will be zero dollars ($0.00). For the period from September 1,
2011 or the date of beneficial occupancy, whichever is earlier, until August 31, 2016, the rent will
be nine cents ($0.09) per square foot per annum. Effective on and after September 1, 2016, rent
will be adjusted every five (5) years based on a fair market appraisal with a cap of a 3% increase
over the preceding five (5) year period, The City reserves the right to adjust the rent in
accordance with its adopted policy for the Airport or FAA requirements subject to the 3% cap. For
purposes of determining the fair market value by appraisal, the Airport will submit the names of
three (3) appraisers that may be considered and the parties will jointly select one to perform the
appraisal. The recommendations of the selected appraiser will be final.
8. Agent: The City Manager appoints the Director of Aviation or his designee
("Aviation Director') as agent to receive all rent, notices and reports under this Lease.
9. Use of Premises: Developer shall use the Premises for the purposes to develop,
construct, and operate the Project stated above and for no other purpose without the express
prior written consent of Aviation Director. The Improvements on the Premises shall be used as a
sort and distribution warehouse.
10. Parking: The Premises may be used for parking the facility's business-related
automobiles, trucks, vans, trailers and similar vehicles without the payment of any additional fees
to City; provided, however, that Developer shall comply fully with all of Airport's rules and
regulations for parking and vehicle usage at the Premises and shall require the Sublessee and all
other sublessees to do so.
11. Signs: Developer may install City ordinance compliant signs or other corporate
identification of the business on the Premises at its sole cost; provided, however, that the
Developer has obtained Aviation Director's prior written consent as to the size, type, design and
location of these signs or other corporate identification, which consent shall not be unreasonably
withheld or delayed.
12. Right to Amend: If the FAA or its successor agency requires modifications or
changes in this Lease as a condition precedent to granting funds for Airport improvements,
Developer agrees to consent to the amendments, modifications, or changes of this Lease as may
be reasonably required to obtain the funds; provided, however, Developer will not be required to
pay increased rent or change the use of the Premises or accept a relocation or reduction in size of
the Premises until Developer and Airport have fully executed an amendment to this Lease that is
mutually satisfactory to all parties for any terms or conditions of this Lease affected by said
actions.
13. Subordination to U.S.A./FAA Requirements: This Lease is subordinate to the
provisions of any existing or future agreement between the City, acting through the Airport, and the
United States of America relating to the operation or maintenance of the Airport, where the
execution of said agreement(s) is required as a condition to the expenditure of federal funds for the
development of the Airport. If the effect of said agreement(s) with the United States, either under
this Section 13 or under Section 12 above, is to remove any or all of the Premises from the
control of Airport or to substantially destroy the commercial value of the Premises, then Airport
must, at Airport's expense, provide Developer, at no cost to Developer or its Sublessee, with land
and facilities substantially similar to the Premises and the Improvements constructed by Developer
on the Premises for the remainder of the Lease term, as it may have been extended from time to
time.
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14. Development of Improvements: All plans and specifications for Developer's
Improvements and all renovations, remodeling, refurbishing and construction upon the Premises
must meet all City fire, building and other applicable City, state and federal regulations and code
requirements, including obtaining required building permits. Upon final completion and
acceptance of the Improvements by Developer, Developer must provide two sets of Mylar as-built
plans and one electronic copy of the record documents to Aviation Director, who will keep one set
of plans on file at the Aviation Director's office in the terminal and provide the other set to the City
Secretary for incorporation into this Lease as a supplement to Exhibit A. The supplemented
Exhibit A becomes effective upon filing with the City Secretary and subsequent attachment to this
Lease.
Developer must keep said as-built documents current by providing two sets of Mylar "as-
built" plans and one electronic copy of all record documents showing any alteration in excess of
$15,000 to the Premises during the term of this Lease to Aviation Director, which plans are to be
attached to this Lease as a supplement in the same manner as provided for the original plans and
specifications. No substantial changes or alterations shall be made to said plans or specifications
after initial approval by Aviation Director without further written approval by Aviation Director.
The Developer will be responsible for arranging and paying for, at its sole cost, all utility
connections to the Premises. Utility usage will be billed directly to the Developer and paid for by
the Developer unless and until Developer has delegated the responsibility for utility payments to
Sublessee.
The Airport has reviewed and approves the Developer's submitted preliminary plans for
development and construction of the Improvements on the Premises. Said preliminary plans are
subject to final submission and permit review by the City. It is the intent of the Airport not to require
additional improvements other than those represented in the February 12, 2010, alternative site
plans. Said plans remain subject to final review by the City in the standard permitting process.
The Developer will coordinate design and construction of the Improvements with the Airport
and Aviation Director.
Developer will be required to adhere to all landscaping requirements as required by the
City.
Developer shall be responsible for causing the Premises to be maintained and kept in good
order and condition during construction and upon completion of the Improvements in accordance
with commercially reasonable standards at no cost to the City.
Because the Premises are located on Airport property, no property taxes will be assessed
against the Premises unless the law is changed and real estate taxes are extended tithe Premises.
Notwithstanding the foregoing, the Developer shall be responsible for the payment of any and all
taxes assessed against the Improvements.
During development, Developer will coordinate all construction traffic with the Airport so as
to not inhibit regular Airport traffic and to keep roadways safe and clean. The Airport has no
objection to the use of double trailer arrangements on Airport property subject to the requirements
of the U-S. A. and the Texas Department of Transportation.
The Airport will cooperate with the Developer for any roadway or access improvements
required to enhance traffic to the Premises. Any costs of modifications will be the sole
responsibility of the Developer.
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The Developer will enter into a construction contract with a reputable contractor and the
Airport reserves the right to approve the contractor, which approval shall not be unreasonably
withheld, conditioned or delayed.
All construction parking and staging will occur on the Premises unless agreed to by the
Airport in writing. Developer, at its sole expense, shall obtain all licenses and permits required prior
to performing any maintenance, repairs, construction on, or use of the Premises. The costs of
developing all plans and specifications as provided herein and the construction of Improvements
and facilities upon the Premises shall be paid solely by the Developer, without any cost or expense
to City whatsoever. The City will waive up to Fifteen Thousand Dollars ($15,000) of applicable City
permit fees for the Premises subject to final approval of the Lease by the City Council. The Airport
will cooperate with the Developer to obtain alternative financing for any aspects of the
development.
Upon termination of this Lease, ownership of the Improvements constructed by Developer
on the Premises shall revert to the City, free and clear of all liens, claims and other encumbrances
or adverse interest in the Premises or the Improvements thereon.
During the construction of the Improvements, the Aviation Director may, after providing
reasonable notice to Developer, enter upon the Premises during the Airport's normal business
hours and make inspections as may be necessary to ensure that the construction of the
Improvements is performed in accordance with the requirements of this Lease.
During this Lease, Developer shall, subject to the other terms and conditions of this Lease,
have the continuing right to remodel, renovate and refurbish the Premises and Improvements, or
any part thereof, and to build and construct new additions and Improvements thereon and thereto;
provided, however, that changes costing more than one hundred thousand dollars ($100,000) shall
require the prior written consent of Aviation Director, whose consent to the modifications will not be
unreasonably withheld, conditioned or delayed.
The City will promptly approve in writing all plans and design related change orders through
completion of the Project.
The Airport will pursue, in conjunction with the Developer, any and all available grant
funding which might be available for authorized use to construct the Improvements on the
Premises under the Project; and all grant funds received will be credited in full to the Developer.
Developer shall not allow a lien to attach to the Premises or Developer's leasehold interest
without the prior written approval of City Manager. Notwithstanding City Manager's approval, the
City's fee simple interest in the surface estate burdened by Developer's leasehold estate must be
exempt from said lien. Any lien of a lender shall contain the following language, or such other
similar language as may be approved by City Attorney:
"Lender agrees that the lien created by this instrument is effective only as to Developer's
leasehold estate created by the Lease, dated , 2010, executed by the City of
Corpus Christi, as City, and Corpus Christi Development I, L.L.C.,, doing business as Corpus
Christi FXG, L.L.C., as Developer, and does not affect City's interest, being the fee simple estate
burdened by Developer's leasehold estate."
In the event of any foreclosure by any lender, financing agency, or guarantor of its lien or
liens on the Improvements constructed by Developer located on the Premises, said lender,
financing agency, or guarantor succeeds hereunder to all rights, privileges, and duties of
Developer, including without limitation paying rent, as if said lender, financing agency, or guarantor
was originally named Developer herein, and said lender, financing agency, or guarantor will have a
reasonable time after the date of foreclosure [not less than three hundred sixty (360) days] to
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sublease any available Improvements to those parties that are pre-approved by Aviation Director in
writing.
Developer covenants that all construction, including all workmanship and materials, will be
of first-class quality. As used herein, the term "first-class quality" means of the same quality as
materials used to construct other buildings used for the same or similar purposes already
constructed on the Airport property.
After completing construction of Improvements on the Premises, Developer must certify to
Aviation Director that the improvements were completed according to the approved plans and
specifications and that Developer has complied with all applicable federal, state, and local laws,
rules, ordinances, and regulations.
Prior to Developer's delivery of possession to the Sublessee, a copy of the Certificate of
Occupancy must be provided to the Aviation Director.
Developer must include in all construction contracts entered into a provision requiring the
contractor, or in the alternative, Developer, to indemnify, hold harmless, defend and insure City,
including its officers, agents, and employees, against the risk of legal liability for death, injury or
damage to persons or property, direct or consequential, arising or alleged to arise out of, or in
connection with, the performance of any or all of the construction work, whether the claims and
demands made are just or unjust, unless same are caused by the gross negligence or willful act
of City, its officers, agents, or employees. Developer must furnish or, in the alternative, require the
contractor to furnish, insurance as required in Section 29 herein.
15. Repair and Maintenance: Developer, at its own expense, shall make, or cause to
be made, any and all repairs and replacements necessary to keep the Premises and
Improvements in a first-class condition and in safe repair and shall make any and all repairs and
replacements necessary to remedy defects of a structural nature. Developer shall provide
janitorial service and maintenance to keep the interior and exterior of the Premises and
Improvements in a clean, attractive and sanitary condition at all times. The landscaping must be
well-maintained and kept in a neat and tidy condition. Developer shall repair any and all damage
caused to real and personal property of City occurring on the Premises, including damage caused
to the Improvements, or elsewhere on the Airport property as a result of the willful or negligent
acts or omissions of Developer its officers, employees, contractors or agents.
16. Security: Developer its officers, employees, agents, contractors, and invitees must
comply with all federal and local security regulations adopted by City pursuant to 14 CFR Part
107, as the same may be amended. Developer covenants to indemnify and hold
harmless City, its officers and employees from any charges, fines, or penalties that
may be assessed or levied by the FAA or Transportation Security Administration by
reason of the negligent or intentional failure of Developer its officers, employees,
agents, contractors, or invitees to comply with security regulations, regardless of
whether the fine, charge or penalty is levied against the City or the Developer.
17. CFR Part 77 Requirements: Developer covenants to comply with the notification
and review requirements set out in Part 77 of the Federal Aviation Regulations [14 CFR Part 77],
as amended, if Developer plans to construct or modify any structure, antenna, or building located
on the Premises or to be constructed as an Improvement.
18. Control of Structures: Developer shall not erect nor permit the erection of any
structure, antenna, or building, nor permit the growth of any tree on the Premises, which has its
highest point above a mean sea level elevation established by FAA and Airport as a height
limitation on said structure, antenna, building, or object. Airport may enter the Premises and
6
remove the encroaching structure, antenna, building, or object at Developer's expense plus an
administrative charge of 15%.
19. Aerial Approaches: Aviation Director may take any action necessary to protect
the Airport's aerial approaches against obstruction, including the right to prevent Developer from
erecting or permitting to be erected any building or structure on or adjacent to the Airport which, in
Aviation Director's opinion, would limit the usefulness of the Airport or constitute a hazard to
aircraft.
20. Hazardous Substances: Developer shall comply, and shall require any sublessee
to comply, with all environmental laws, rules, regulations, orders and permits applicable to the use
of the Premises and Improvements including, but not limited to, required National Pollutant
Discharge Elimination System Permits and all applicable laws relating to the use, storage,
generation, treatment, transportation, or disposal of hazardous or regulated substances. Except
for the hazardous substances governed by and transported in full compliance with the
transportation laws of the state or federal government, Developer must not knowingly use, store,
generate, treat, transport, or dispose of any hazardous or regulated substances or waste on or
near the Premises without Aviation Directors prior written approval and without first obtaining all
required permits and approvals from all authorities having jurisdiction over the operations
conducted on the Premises.
If Developer determines that a threat to the environment including, but not limited to, a
release, discharge, spill or deposit of a hazardous or regulated substance, has occurred or is
occurring which affects or threatens to affect the Premises or the persons, structures, equipment,
or other property thereon, Developer must notify immediately by oral report in person or by
telephone, to be promptly confirmed in writing, to the Aviation Director as required by law or
regulation. Developer shall require any Sublessee to cooperate fully with the Aviation Director in
promptly responding to, reporting, and remedying a threat to the environment, including, without
limitation, a release or threat of release of hazardous or regulated substance into the drainage
systems, soils, ground water, waters, or atmosphere, in accordance with applicable law or as
authorized or approved by any federal, state, or local agency having authority over environmental
matters.
Developer shall keep a readily accessible file of Materials Safety Data Sheets ("MSDS")
for each hazardous substance on the Premises or transported, in accordance with federal and
state transportation laws, which file must be posted and immediately available to any Airport
employee who responds to a report of a discharge of a hazardous substance on the Premises.
Developer will require any operator of the facilities on the Premises to use best efforts to
determine which hazardous substance was accidentally discharged and have that MSDS sheet
available for the first responders to the Premises.
Developer will cause prompt remediation and the payment of all costs associated with any
action or inaction of Developer that directly or indirectly prevents the City, acting through the
Airport, from materially conforming to all then applicable environmental laws, rules, regulations,
orders, or permits relating to the Premises. The rights and obligations set forth in this section shall
survive the earlier expiration or termination of this Lease.
21. Nondiscrimination/Affirmative Action:
A. Nondiscrimination — General- Developer for itself, and as a requirement for any
sublessee, their personal representatives, successors in interest, and assigns, as a part of the
consideration hereof covenants that: (1) no person on the grounds of race, creed, color, religion,
sex, age, national origin, handicap, or political belief or affiliation will be excluded from
participation in, denied the benefits of or otherwise be subjected to discrimination in the use of the
7
Premises; (2) in the construction of any improvements on, over, or under the Premises and the
furnishing of services thereon, no person on the grounds of race, color, religion, sex, age, national
origin, handicap, or political belief or affiliation will be excluded from participation in, denied the
benefits of, or otherwise be subject to discrimination; (3) Developer will cause to the best of its
ability the Premises and Improvements to be in compliance with all other requirements imposed
by or pursuant to 14 CFI( Part 152, Subpart E Non Discrimination in Aid Program and Title VI of
the Civil Rights Act of 1964 and 49 CFR, Subtitle A, Part 21, Nondiscrimination in Federally
Assisted Programs of the Department of Transportation, and as said Title and Regulations may be
amended, and with other applicable state or federal laws or regulations, as amended.
B. Nondiscrimination - Business Owner - This Lease is subject to the requirements of
the U.S. Department of Transportation's regulations, 49 CFR Part 23. Developer for itself, and as
a requirement for any sublessee, agrees that it will not discriminate against any business owner
because of the owner's race, color, national origin, or sex in connection with the award of
performance or any concession agreement, management contract or subcontract, purchase or
lease agreement, or other agreement covered by 49 CFR Part 23.
C. Remedy for Breach - if the Developer is found by a final verdict of a court of
competent jurisdiction to have deliberately breached a non-discrimination covenant, or to have
permitted any sublessee to deliberately breach a non-discrimination covenant, the City may
immediately enforce the remedies directed by the Court's decision, which may include the City's
right to reenter the Premises, retake possession thereof and terminate the Lease. This provision
is not effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are
completed, including exercise of any rights to appeal.
D. Affirmative Action - Developer shall cause to be implemented an affirmative action
program as required by 14 CFR Part 152, Subpart E, to provide (i) that no person on the grounds
of race, creed, color, religion, sex, age, national origin, handicap, or political belief or affiliation is
excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E;
(ii) that no person will be excluded on these grounds from participating in or receiving the services
or benefits of any program or activity covered by that subpart; (iii) that third parties otherwise
retained by Developer shall provide similar assurances to Developer to undertake affirmative
action programs and to require assurances from their sub-organizations, as required by 14 CFR
Part 152, Subpart E. Developer ,at no expense to the City, shall comply with any applicable
requirements of the Americans with Disabilities (ADA) as it may be amended, with respect to the
Premises and its Improvements.
22. Compliance with Laws:
A. General - Developer covenants to promptly observe, comply with and execute,
and shall cause any sublessee to promptly observe, comply with and execute, the provisions of
any and all present and future governmental laws, ordinances, rules, regulations, requirements,
orders and directions applicable to the use and occupancy of the Premises. A material breach of
this covenant, which is not remedied within any permitted cure period, may be cause for City's
exercising its rights under Section 23 of the Lease. During any period of Developer's good faith
challenge to any such laws, ordinances, rules, regulations, requirements, orders and directions in
a court of competent jurisdiction, Developer's inaction shall not be deemed a breach of this
Lease.
B. Federal - Developer shall comply and shall require any sublessee to comply with
all applicable federal laws, rules, and regulations, including without limitation the Drug Free
Workplace Act, the Violence in the Workplace Act, the Americans with Disabilities Act, and any
other acts that the U.S. Congress passes that apply to the uses and operations at the Premises.
C. Disadvantaged Business Enterprises ("DBE") - Developer acknowledges that the
provisions of 49 CFR, Part 23, Disadvantaged Business Enterprises (DBE), as said regulations
may be amended, and such other similar regulations as may be enacted, may be applicable to the
activities of Developer and any sublessee under the terms of this Lease, unless exempted by said
regulations, and Developer hereby agrees to comply with the FAA and the U.S. Department of
Transportation in reference thereto. Developer understands and agrees to the following
assurances: It is City's policy that DBEs have the maximum practicable opportunity to be awarded
contracts. Developer agrees to use good faith efforts to promote this policy through its Lease of
the Premises. Additionally, Developer, as an equal opportunity employer, agrees to use good faith
efforts to provide maximum opportunity for the consideration and use of DBEs in the contracting,
subcontracting and purchasing activities associated with this Lease and to abide by all applicable
provisions of the Airport's approved, and it's approved updates to, the DBE Program and this
Lease. Developer agrees and shall require any sublessee to agree that no person will be
excluded from participation in, denied the benefits of, or otherwise be discriminated against in
connection with the award and performance of any contract because of race, color, religion,
national origin, sex, age, handicap, or paliti al belief or affiliation, and as more specifically
provided in Section 21 hereof. See Exhibit B� Ve'd hereto and incorporated herein setting out
Developer's program in support of the Airport's DBE programs r',c Ic> the �C'�t� c� C€t3 t i fist•
D. State - Developer shall comply with all applicable laws, rules, and regulations of
the State of Texas.
E. Local - Developer shall comply with all applicable City ordinances, and rules and
regulations promulgated by Aviation Director.
23. Termination:
A. Termination By Developer - Without limiting any other rights and remedies to which
Developer may be entitled by common law, statutory law, or as elsewhere provided in this Lease,
this Lease may be terminated by Developer at any time after the happening, and during the
existence, of one or more of the following events:
1. The City's permanent abandonment of the Premises at the Airport;
2. The lawful assumption by the United States Government, or any authorized
agency thereof, of the operation, control, or use of the Airport, or any substantial part or parts
thereof, that substantially restricts any sublessee from operating for at least 150 days;
3. The issuance by any court of competent jurisdiction of an injunction that
prevents or restrains the use of the Airport or the Premises that continues for at least 150 days; or
4. The default by the City in the performance of any covenant or obligation on
the part of the City to be performed, and the failure of the City to remedy the default for 00 days
after receipt from Developer of written notice to remedy the same.
B. Termination by City - Without limiting any other rights and remedies to which City
may be entitled at common law, statutory law, or as elsewhere provided in this Lease, this Lease
may be terminated by the City if Developer:
1. is in arrears in paying the rent, fees, or other charges due under this Lease for ten
(10) business days ("business" days are Monday through Friday inclusive) after written notice, or
such other time as may be provided herein (provided City has given written notice of such
arrearages to Sublessee and has provided Sublessee with at least ten (10) business days to pay
or cause to be paid those arrearages);
9
2. Makes a general assignment for the benefit of creditors;
3. Abandons the Premises ["abandon" shall mean failing to operate a business In the
Improvements to the Premises for a period in excess on one (1) year];
4. Otherwise defaults in the performance of any of other material covenant of this
Lease and continues the default for thirty (30) days, or such other time as may be provided
herein, after receipt of written notice from Aviation Director of the default. If the default cannot
reasonably be cured within said 30 days or within any other time as set out in the notice of default,
Developer shall be deemed to have cured the default if it commences the remedy process within
the applicable period and thereafter diligently prosecutes the same to completion.
C. City's Right to Entry Upon Termination - If City terminates this Lease or if
Developer abandons the Premises, the City may enter upon the Premises.
In the event of termination by the City, the Aviation Director may enter onto the Premises
to remove any and all persons or property from the Premises and place any property in storage
for the account of and at the expense of Developer. All property on the Premises is hereby
subjected to a contractual landlord's lien to secure payment of delinquent rent and other
sums due and unpaid under this Lease, any and all exemption laws are hereby expressly
waived in favor of said landlord's lien; and it is agreed that said landlord's lien is not a
waiver of any statutory or other lien given or which may be given to City but is in addition
thereto.
In the case of default, if Developer fails to remove any of its property on the Premises
within thirty (30) days following the written notice of default, Aviation Director may sell the property
found on the Premises at a public or private safe with proceeds of the sale applied first to the cost
of the sale, then to the cost of storage of the property, if any, and then to the indebtedness of
Developer, with the surplus, if any, to be mailed to Developer at the address herein designated.
Developer further agrees to hold harmless and indemnify City, including its
officers, agents, and employees, against, from any loss or damage or claim arising
out of City's action in collecting monies owed to it under this paragraph, except for
any loss, damage, or claim caused by the gross negligence or willful misconduct of
City or its employees.
D. Notice of Termination - If an event of material default occurs, and after due written
notice identifying the default the defaulting party has failed to cure or failed to commence to cure,
the complaining party may at any time after the expiration of any such cure period terminate this
Lease by providing written notice of termination to the defaulting party. The Lease will be
terminated on the date specified in the notice but not sooner than thirty (30) business days after
the postmarked date of the notice. Rental payments are payable only to the date of termination.
This subsection is subject to the requirements set out in subsection C of this section.
E. Partial Destruction - If the Premises or Developer's Improvements are partially
damaged due to acts of God or other acts outside the control of the Developer or City, to the
extent that Sublessee cannot use the Premises for its intended use, then, at Developers option,
this Lease may be terminated or instead may be suspended until the damage is repaired. If the
Lease is suspended, Developer and City will mutually agree on a time period for Developer to
repair the damages to the Premises or Improvements. If the Lease is terminated, as provided for
herein, the rent will be abated from the date of the casualty; provided, however, that Developer
must use its insurance proceeds to either replace the Improvements or remove all trace of the
Improvements and return the Premises to a state of raw land. All remaining insurance proceeds
will be paid to Developer. The City Manager of the City is the sole judge of the extent of damage
to the Airport.
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F. Notice to Sublessee - Notwithstanding anything herein to the contrary, if Developer
is in default of any term, provision, covenant or condition of this Lease, City shall give written
notice to Sublessee at the address set forth in Section 30; and Sublessee shall have a time to
cure the default, or cause the default to be cured, equal to the time provided to Developer under
this Lease. The time for Sublessee's opportunity to cure shall be computed from the day it
actually received notice from the City of Developer's default. If the City is in default of any term,
provision, covenant or condition of this Lease, Developer shall give written notice to Sublessee at
the address set forth in Section 30.
24. Property Rights upon Expiration or Termination:
A. Removal of Equipment - Upon the expiration or earlier termination of this Lease,
City shall, by written notice to any sublessee, permit the sublessee to remove all removable
furniture, fixtures and equipment installed by the sublessee so long as it removes same within the
time period set forth in the notice, but in no event less than thirty (30) calendar days after
termination or expiration of the Lease. The City may require any damage to the Premises caused
by any sublessee's removal of its property to be repaired at the Developer's expense within fifteen
(15) business days after termination or expiration of the Lease Such repairs must be made to the
reasonable satisfaction of Aviation Director. Any fuel storage facilities installed must be removed
prior to vacating the Premises, regardless of circumstances.
Notwithstanding the foregoing, if any sublessee fails to remove its removable furniture,
fixtures and equipment within thirty (30) days after the date determined in the notice, then Aviation
Director may, at its option, take title to the said personality and sell store or salvage the same, as
permitted by law. Any net expense Aviation Director incurs on behalf of City in disposing of the
any sublessee's personal property shall be billed to that sublessee directly by the Aviation
Director. The Aviation Director will provide any sublessee with a written itemized breakdown of the
costs recaptured, if any, by the sale, storage or salvage of the property, and the balance due,
which is expected to be paid by the sublessee upon receipt of said itemized breakdown.
B. New Lease - Do Not Remove Equipment - If City and Developer negotiate a new
Lease after the expiration of this Lease, there shall be no requirement to remove its furniture,
fixtures and equipment from the Premises.
C. Improvements Revert to City - Except for the right of any sublessee to remove
personal property (subject to Sections 23 and 24) at the expiration of the Lease, all permanent
Improvements placed or constructed on the Premises by Developer revert to City.
D. Holdover - Any holding over by Developer of the Premises after the expiration or
other earlier termination of this Lease shall be on a month-to-month tenancy at sufferance, at the
then current monthly rent and subject to surrender upon thirty (30) days' prior written notice.
Failure to timely surrender the Premises following such written notice subjects Developer to a
monthly holdover fee of the then current monthly rent for each month of delay.
25. Re-delivery of Premises: Upon the expiration or earlier termination of this Lease,
Developer shall deliver the Premises to City peaceably, quietly and in as good condition as the
same now are or may be hereafter improved by Developer or City, normal use and wear thereof
excepted. In addition to a landlord's lien provided by the law of the State of Texas, the City has a
contractual lien on all property of Developer on the Premises as security for nonpayment of rent.
26. Developer's Maintenance Obligations.
A. Premises - Developer shall maintain the Premises and Improvements in good
appearance and repair and in a safe condition at its expense. Developer shall maintain, repair,
replace, paint, or otherwise finish all leasehold Improvements on the Premises (including, without
11
limitation, walls, partitions, floors, ceilings, windows, doors, and glass, and all furnishings, fixtures,
and equipment therein). All of the maintenance, repairs, finishing and replacements must be of
quality at least equal to the original in materials and workmanship. Developer shall, as much as
practicable, ensure that the Premises are maintained free of foreign object debris.
B. Quality of Maintenance - It is the intent of Aviation Director and Developer that the
Improvements will be maintained in a manner that shall keep the Improvements intact, in good
repair, and in a condition so that said Improvements will be usable at the end of the Lease.
Developer must comply with the maintenance obligations and with all-applicable governmental
laws, rules, or regulations. Aviation Director is the sole judge of the quality of Developer's
maintenance, which must be reasonable and consistent with other properties. Aviation Director
may at any time, during City's normal business hours, upon prior notice unless an emergency
exists, enter upon the Premises to determine if the maintenance requirements of this Lease are
being complied with. Aviation Director must notify Developer in writing of any default_ If the
required maintenance in Aviation Director's notice to Developer is not commenced within fifteen
(15) business days after receipt of such written notice, or is not diligently prosecuted to
completion, Aviation Director may enter upon the Premises and perform the subject maintenance,
and Developer agrees to reimburse the Airport for its cost plus a fifteen percent (15%)
administrative fee within thirty (30) days after Aviation Director's written demand therefore,
together with copies of all paid receipts for such repairs and maintenance.
C. Correct Hazards - Developer must immediately correct or cause to be corrected
any hazardous or potentially hazardous condition on the Premises upon knowledge thereof, or
after receipt of notice from Aviation Director. At Aviation Director's reasonable discretion, the
operations in the Premises, or affected portion of the Premises, may be restrained or stopped until
the hazardous or potentially hazardous condition is removed or corrected.
27. City's Obligations:
A. To operate the Corpus Christi International Airport as a public airport during the
Lease term, subject to the assurances given by City to the United States Government.
B. To make water, gas and wastewater service available to the Premises property line
on the same basis as it is made available to all businesses operating at the Airport. Developer
must pay in full all utility usage charges for water, gas, wastewater, electricity and other utilities
supplied to the Premises during the Lease term as the charges become due and payable,
28. Indemnification:
A. General — Developer must indemnify, hold harmless, defend and insure
the City, its officers, agents, and employees from and against any and all claims and
causes of action, administrative proceedings, judgments, penalties, fines, damages,
losses, demands, liabilities, or expenses whatsoever (including reasonable
attorney's fees and costs of litigation, mediation and/or administrative proceedings)
which may be brought, alleged, or imposed against the City, its officers, agents, or
employees arising directly or indirectly from or in any way connected with (i) any
property damaged or loss, personal injury, including death, or adverse effect on the
environment arising out of Developer's action or inaction with regard to the
operations of Developer hereunder, including the use or occupancy of the
Premises, or in providing access to secured areas of the Airport as set out herein,
excepting only that liability as may result from the gross negligence or the willful
misconduct of the City, including its officers, agents, and employees; (ii) the failure
of Developer, its officers, agents or employees, to comply with the terms and
12
conditions of this Lease, or to comply with any applicable federal, state, or local
laws, rules, regulations, or orders including, but not limited to, any and all
applicable federal, state, or local environmental laws, rules, regulations, or orders;
or (Iii) release of any hazardous or regulated substances or waste onto, into, or from
the Premises or other Airport property, connected in any way with the operations or
the action or inaction of the Developer its officers, agents or employees, regardless
of whether the act, omission, event, or circumstance constituted a violation of
applicable law at the time of the occurrence. The rights and obligations set forth in
this paragraph shall survive the expiration or earlier termination of this Lease.
B. Special Claims - Developer agrees to defend, at its own cost, and to
protect, indemnify, and otherwise hold harmless, the City, including its officers,
agents, and employees (including but not restricted to the posting of bond and
release of attachment) from and against any and all claims in any way arising out of
or in connection with the construction, repair, or maintenance work undertaken
hereunder by, through or on behalf of Developer, including but not restricted to
attachments, liens or levies, and whether or not the claim is meritorious, made,
failed or asserted by any party other than Developer or Sublessee against the City,
including its officers, agents, and employees or the Premises or Improvements
thereon or part thereof, or monies owing to the Airport.
C. Notice - Notwithstanding the above identifications, Developer must give Aviation
Director notice of any matter covered hereby and forward to Aviation Director copies of every
demand, notice, summons, or other process received in any claim or legal proceeding covered
hereby within ten (10) working days of Developer's receipt of said notice, demand, summons, or
other process.
D. Intentionally omitted.
29. Insurance: Developer must provide insurance in the amounts and types of
coverages required by the City's Risk Manager ("Risk Manager"), a copy of which is attached and
incorporated as Exhibit C. Developer must cause certificate(s) of insurance to be provided to the
Aviation Director and Risk Manager thirty (30) days prior to the annual anniversary date of the
effective date of the Lease, which shows the level and type of insurance. The issuer of the
certificate of insurance must provide Aviation Director thirty (30) days written notice, by certified
mail, prior to cancellation, non-renewal, or material change in the insurance policy(ies).
Risk Manager will annually assess the level and types of insurance required by the Lease.
Risk Manager can reasonably increase or decrease the level or types of insurance by giving
Developer notice no less than sixty (60) days prior to the annual anniversary date of the effective
date of the Lease. Developer shall have thirty (30) days to procure the changed insurance and
provide written proof of insurance to Aviation Director.
All insurance required by this Lease must be primary insurance and not in excess of or
contributing with other insurance which Developer may carry. All policies must name City as an
additional insured. The applicable insurance policies required by this Lease must apply separately
to City as if separate policies had been issued to Developer and City.
The amounts of all required insurance policies must not be deemed a limitation of
Developer's covenant to indemnify City and, if Developer or City becomes liable in an amount in
excess of the amount(s) of said policies, then Developer must indemnify City from the whole
13
thereof, except in the event of grossly negligent or willful misconduct on the part of City, its
officers, or employees.
30. Notice. Notices are sufficient if in writing and sent by certified mail, return receipt
requested, postage prepaid, or by overnight delivery service with proof of delivery, or by facsimile
followed by written notice confirmed by mail or other delivery service, as addressed below:
If to City:
Director of Aviation
Corpus Christi International Airport
1000 International Drive
Corpus Christi, Texas 78406
Office: (361) 289-0171
Fax: (361) 289-1251
If to Developer: Corpus Christi Developments I, L.L.C.
doing business as Corpus Christi FXG, L.L.C.
4520 Madison, Suite 100
Kansas City, Missouri 64111
Office: (816) 389-5700
Fax: (816) 389-5701
Any notice re uired to be given to Sublessee:
FedEx Ground Package System, Inc.
1000 FedEx Drive
Moon Township, PA 15108
Attention: Real Estate Department— Facility#784
Office: (412) 269-1000
Fax: (412) 859-2655
Or to any other address that may be designated in writing from time to time by the parties.
31. GENERAL PROVISIONS:
A. Mineral Rights - City expressly reserves all water, gas, oil and mineral rights in and
under the soil beneath the Premises in which it holds an interest, but testing for and/or removal of
any such City-owned gas, oil, or minerals shall be done in a manner so as not to disturb the
Premises or disrupt the operation of the business being conducted thereon.
B. No Waiver of Forfeiture - Any failure or neglect of City or Developer at any time to
declare a forfeiture of this Lease for any breach or default whatsoever hereunder does not waive
City's or Developers right thereafter to declare a forfeiture for like or other or succeeding breach
or default.
C. Force Majeure - Neither City nor Developer will be deemed to be in breach of this
Lease if either is prevented from performing any of its obligations hereunder by reason of force
majeure. "Force Majeure" for the purposes of this Lease means any prevention, delay, or
stoppage due to strikes, lockouts, labor disputes, acts of God, including inclement weather and/or
periods of rain or snow, inability to obtain labor or materials, or reasonable substitutes therefore,
governmental restrictions or requirements, governmental regulations, governmental controls,
inability to timely obtain governmental approvals, enemy or hostile governmental action, civil
commotion, fire or other casualty, and other causes beyond the reasonable control of the party
obligated to perform. All of the foregoing events excuse the performance by either party for a
14
period equal to any prevention, delay, or stoppage, including the obligations imposed with regard
to commencement or payment of rental and other charges to be paid by Developer pursuant to
this Lease and the obligation of City to deliver the Premises.
D. Quiet Enjoyment - City covenants that it has the authority to execute this Lease,
that at commencement of the Lease, City has good title to the Premises and that throughout the
term hereof, Developer will have peaceful and uninterrupted possession of the Premises subject
to Developer's payment of rent and other charges and to its performance of the covenants of this
Lease. City agrees to remedy any violation of quiet enjoyment caused by City or one of the other
tenants and to honor Developer's tenancy for the term of the Lease.
E. Rules and Regulations - Aviation Director may adopt and enforce reasonable rules
and regulations to be uniformly applied to similar uses and users of similar space, which
Developer agrees to observe and obey with respect to the use of the Premises and the health,
safety and welfare of those using the Premises.
F. Venue -Venue of any action brought under this Lease lies in Nueces County, Texas,
exclusively, where the Lease was executed and will be performed.
G. Successors and Assigns - Subject to the limitations upon assignment and transfer
herein contained, this Lease binds and inures to the benefit of the parties hereto, and their
respective successors and assigns.
H. No Third Party Benefit - No provision of this Lease creates a third party claim
against the City or the Developer beyond that which may legally exist in the absence of any such
provision.
I. Taxes and Licenses - Developer must cause to be paid any and all taxes of
whatever character, including ad valorem and intangible taxes, that may be levied or charged upon
the Premises, leasehold Improvements, or operations hereunder and upon Developer's rights to
use the Premises, whether the taxes are assessed against Developer or City, prior to the past due
date. Developer shall cause to be paid any and all sales taxes arising in connection with the
occupancy or use of the Premises whether the taxes are assessed against the Developer, any
sublessee or City. Developer must obtain and pay for all licenses or permits necessary or required
by law for the construction of Improvements and must require any sublessee to obtain and pay for
all licenses and permits necessary or required by law for the installation of equipment and
furnishings and any other licenses necessary for the conduct of its operations hereunder. If
Developer wishes to contest any tax or charge, that contest will not be a default under the Lease
so long as Developer diligently prosecutes the contest to conclusion and promptly pays whatever
tax is ultimately owed. Further, Developer shall cause any taxes not being contested to be paid
prior to the past due date.
J. Trash and Refuse - Developer must arrange for the collection and lawful disposal
of all trash and other refuse resulting from operations on the Premises; must provide and use
suitable sealed fireproof receptacles approved by Aviation Director for all trash and other refuse
generated by the use of the Premises; must prohibit piling of boxes, barrels or other similar items
in or within view from a public area; must comply with all applicable laws and regulations relative
to trash disposal; and must pay or cause to be paid the costs associated with trash removal and
disposal.
K. Terms Binding on Successors and Assigns - All of the terms, covenants and
agreements herein contained shall be binding upon and shall inure to the benefit of the heirs,
successors and assigns of Developer and City.
15
L. Estoppel - Both parties agree that, at any time and from time to time at reasonable
intervals, within fifteen (15) business days after written request by the other party, said receiving
party will execute, acknowledge and deliver to the party designated by the requesting party, a
certificate in a form as may from time to time be provided, certifying to the extent true and correct
the following, as well as any other provision reasonably requested by the other party: (a) that
Developer's Sublessee has entered into occupancy of the Premises and the date of said entry if
requested; (b) that this Lease is in full force and effect, and has not been assigned, modified,
supplemented or amended in any way (or if there has been any assignment, modification,
supplement or amendment, identifying the same); (c) that this Lease represents the entire
agreement between City and Developer as to the subject matter hereof (or if there has been any
assignment, modification, supplement or amendment, identifying the same); (d) the date of
commencement and expiration of the term; (e) that all conditions under this Lease to be
performed by City, if any, have been satisfied (and if not, what conditions remain unperformed); (f)
that, to the knowledge of the signor of said writing, no default exists in the performance or
observance of any covenant or condition in this Lease and there are no then-existing defense or
offsets against the enforcement of this Lease by City or, instead, specifying each default, defense
or offset of which the signor may have knowledge; and (g) the amount of rent or other charges, if
any, that has been paid in advance and the amount of security, if any, that has been deposited
with City.
M. Leasehold Mortgage - As used herein, "Leasehold Mortgage" means the
mortgage or deed of trust covering Developer's leasehold interest in this Lease given by
Developer to leasehold mortgagee to secure repayment of funds advanced or to be advanced by
a leasehold mortgagee to Developer to construct facilities on the Premises (the "Project"). As
used herein, "Leasehold Mortgagee" means the mortgagee or beneficiary under the Leasehold
Mortgage. As used herein, mortgage" means any mortgage, deed of trust or other indenture
consisting of a lien on Developer's leasehold interest created hereunder, together with a
promissory note or obligation or bond which it secures. Subject to the conditions set forth herein,
Developer may mortgage its leasehold interest created hereunder, solely for the purpose of (1)
obtaining financing to construct the Project, including any additional construction or alteration
thereof, made subsequent to the initial construction, (2) refinancing said construction mortgage,
and (3) providing financing in connection with the assignment or transfer by Developer of its
interest in this Lease and its leasehold interest created hereunder; provided, however, that with
respect to the financing described in clauses (2) and (3) above, the principal amount of any
mortgage must not be greater than the original principal amount of the mortgage obtained to
construct the Project, including any additional construction or alteration thereof, made subsequent
to the initial construction, and as provided:
1. Said mortgage in no way affects or diminishes City's interest in the Premises, or its
rights under this Lease, nor relieves Developer of any of its obligations hereunder;
2. Under no circumstances is City's leasehold interest in the Premises subordinate to
said mortgage;
3. Said mortgage covers no interests in any real property other than Developers
leasehold interest in the Premises hereunder; and
4. The making of said mortgage by Developer will not be deemed to constitute an
assignment or transfer of this Lease, nor will any mortgagee be deemed an assignee or transferee
of this Lease.
5. Rights of Leasehold Mortgagees:
a. No Leasehold Mortgage is binding upon City in the enforcement of
16
its rights and remedies under this Lease unless and until a copy thereof has been delivered
to Aviation Director;
b. City Manager agrees to execute an estoppel certificate and any
other similar documentation as may reasonably be required by Leasehold Mortgagee so as
to certify to the status of this Lease and to the performance of Developer hereunder as of
the date of said certification;
C. Developer shall furnish Aviation Director a written notice setting forth
the name and address of any Leasehold Mortgagee; and
d. If a Leasehold Mortgagee or purchaser at foreclosure of the
mortgage acquires Developer's leasehold interest in the Premises by virtue of the default of
Developer under the mortgage or otherwise, this Lease will continue in full force and effect
so long as Leasehold Mortgagee or purchaser at foreclosure is not in default hereunder,
including the obligation to timely pay rent. For the period of time during which Leasehold
Mortgagee or any purchaser at foreclosure of a mortgage holds Developer's leasehold
interest in the Premises, Leasehold Mortgagee or said purchaser becomes liable and fully
bound by the provisions of this Lease.
6. With respect to any Leasehold Mortgagee of the Premises, City agrees that the
following apply:
a. If requested by a Leasehold Mortgagee, who is duly registered in
writing with Aviation Director, any notice from City affecting the Premises must be
simultaneously delivered to Developer and said Leasehold Mortgagee at its registered
address, and if so registered, no notice of default or termination of this Lease affecting the
Premises given by City shall be deemed legally effective until and unless like notice has
been given by Aviation Director to said Leasehold Mortgagee;
b. Any Leasehold Mortgagee entitled to said notice shall have any
and all rights of Developer with respect to the curing of any default hereunder by
Developer; and
C. City will not enter into any material modification of this Lease
affecting the Premises without the prior written consent thereto of each Leasehold
Mortgagee entitled to notice as provided in this Section 31. The foregoing does not apply
nor may it be construed to apply to any right City may have to terminate this Lease
pursuant to its terms. Developer must provide any Leasehold Mortgagee with notice of any
proposed modification.
7. If City elects to terminate this Lease for any material default by Developer with
respect to the Premises, the Leasehold Mortgagee that has become entitled to notice as
provided in this section has not only any and all rights of Developer with respect to the
curing of any default, but also the right to postpone and extend the specified termination
date of the Lease ("Leasehold Mortgagee's Right to Postpone"), contained in any
notice of termination by City to Developer ("Termination Notice"), for a maximum of
ninety (90) days, subject to the following conditions:
a. Leasehold Mortgagee must give Aviation Director written notice of the
exercise of Leasehold Mortgagee's Right to Postpone at least ten (10) days prior to the
date of termination specified by Aviation Director in the Termination Notice and
simultaneously pay to City all amounts required to cure all defaults then existing (as of the
date of the exercise of Leasehold Mortgagee's Right to Postpone) which may be cured by
the payment of a sum of money.
17
b. If Leasehold Mortgagee's Right to Postpone is exercised, Leasehold
Mortgagee must pay any sums and charges which may be due and owing by Developer
and promptly undertake to cure, diligently prosecute, and as soon as reasonably possible,
complete the cure of all defaults of Developer with respect to the Premises which are
susceptible to being cured by Leasehold Mortgagee. Leasehold Mortgagee's exercise of its
Right to Postpone may extend the date for the termination of this Lease specified in the
Termination Notice for a maximum of six (6) months.
C. If, before the date specified for the termination of this Lease as extended by
a Leasehold Mortgagee's exercise of its Right to Postpone, Leasehold Mortgagee has
performed and observed ail of Developer's covenants and conditions under the Lease with
respect to the Premises and no further defaults with respect to the Premises have occurred
which have not been timely cured, then all defaults under this Lease, with respect to the
Premises, will be deemed to have been cured and City's Termination Notice will be deemed
to have been withdrawn.
d. Nothing herein may be deemed to impose any obligation on Citys
part to deliver physical possession of the Premises to a Leasehold Mortgagee.
e. If more than one Leasehold Mortgagee seeks to exercise any of the
rights provided for in this Section 31, the most senior lien holder is entitled, as against the
others, to exercise said rights. Should a dispute arise among Leasehold Mortgagees
regarding the priority of lien, Leasehold Mortgagees must provide evidence substantiating
the correct priority of the competing liens to the satisfaction of the City Attorney prior to
taking any action with respect to exercising said lienholder rights.
N. Intentionally Omitted.
O. Radio Antenna - Subject to Aviation Director's prior written approval as to height
and location, which will not be unreasonably withheld, conditioned or delayed, Developer may
furnish and install, at its own expense, a radio antenna either adjacent to the Improvements or on
the roof of the Improvements on the Premises subject to (a) any and all federal, state and local
laws, ordinances, statutes, rules, regulations and orders applicable thereto; (b) Developer's
obtaining any and all building and other permits, licenses and other approvals with respect thereto;
(c) the antenna and building both must be structurally sound and not adversely affect the
soundness of, or the condition of, the roof and/or other parts of the building; and (d) any and all
costs of maintaining and operating the same must be paid entirely by Developer. Upon the
expiration or earlier termination of this Lease, Developer shall cause the removal of the antenna(s)
and the restoration of any damage to the Improvements and Premises caused by the installation
and/or removal thereof. Developer shall be responsible for all costs for the repair and maintenance
of said installation of the antenna.
P. Intentionally Omitted.
Q. Intentionally Omitted.
R. Delegation — Any obligations of the Developer required by this Lease may be
delegated to any sublessee by the terms of the sublease between the parties, provided that such
delegation shall not relieve Developer of its liability and responsibilities under this Lease.
18
EXECUTED IN DUPLICATE ORIGINALS this day of She fir, 2010, by the
authorized representative of the parties.
Attest: City of Corpus Christi
v
LM
a
-ATmat e-�a 14tcwle � `A gel R. Escobar
a City Secretary City Manager
A7ved a to legal fo on 2070 AUTHORIZED
_., .. � V � iav�fYl�/V sa���liMi01d8JIL1�
1
Elizab �� R. Hundley
Assistant City Attorney
for the City Attorney
Developer: C rpuhri evelo ments 1, L.L.C., doing business as Corpus Christi FXG,
L.L.C.
By: �-�
Name: Kevin R. Jones
Title: Managing Member
Date: September 2, 2070
ACKNOWLEDGMENT
STATE OF MISSOURI §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF JACKSON §
This instrument was acknowledged before me on September 2, 2010, by Kevin R. Jones,
an authorized represerty } Cffpus Christi Developments 1, L.L.C., doing business as Corpus
Christi FXG, L.L.C., a T4,� limited liability company, on behalf of the company.
,Ztw It "Il
'No ry PU' ic, State of Missouri
5
WVNQM WW%Wft
SUPPLIER NUMBER
TO BE ASSIGNED BY CITY
r PURCHASING DIVISION CITY OF CORPUS CHRISTI
City of
C DISCLOSURE 4F INTEREST
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do
business with the City to provide the following information. Every question must be answered. If the
question is not applicable, answer with "NA'. See reverse side for Filing Requirements, Certification and
definitions.
COMPANY NAME• Corpus Christi. Developments I, L.L.C.
P. Q.Box:
STREETAaCRESS: 4520 Madison CITY: Kansas City, MOZIP: 64111
Suite 100
FIRM IS: 1. Corporation ❑ 2_ Partnership ❑ 3. Sole Owner ❑
4. Association ❑ 6. Other FX] . limited liability Company
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each'employee'of the City of Corpus Christi having an "ownership interest"
constituting 3%or more of the ownership in the above named "firm." NOT APPLICABLE 0%
Dame Job Title and City Department(if known)
2. State the names of each 'official'of the City of Corpus Christi having an ownership interest"
constituting 3% or more of the ownership in the above named'firm." NOT APPLICABLE 0—'-
Name
%Name Title
3. State the names of each "board member"of the City of Corpus Christi having an"own ershipp
interest"constituting 3% or more of the ownership in the above named"firm." NOT APPLICALBE 0%
Name Board, Commission or Committee
4. State the names of each employee or officer of a"consultant" for the City of Corpus Christi who
worked on any matter related to the subject of this contract and has an "ownership interest"
constituting 3% or more of the ownership in the above named "firm." NOT APPLICABLE 0-0.
Name Consultant
Page 1 of 2
FILING REQUIREMENTS
If a person who request off+cial action on a matter knows that the requested action will confer an
economic benefit on any City official or employee that is distinguishable from the effect that the action will
have on members of the public in general or a substantial segment thereof, you shall disclose that fact in
a signed writing to the City official, employee or body that has been requested to act in the matter, unless
the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in
a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(4)]
CERTIFICATION
I certify that all information provided is true and correct as of the date of this statement, that I have not
knowingly withheld disclosure of any information requested;and that supplemental statements will be
promptly submitted to the City of Corpus Christi, Texas as changes occur.
Certifying Person: Kevip R. Jo Title: Managing Member
Signature of
Certifying Person: Data: _ 9/8/2 010
EFINiTIONS
a. 'Board member." A member of any board, commission, or committee appointed by the City
Council of the City of Corpus Christi, Texas.
b. "Economic benefit." An action that is likely to affect an economic interest if it is likely to have
an effect on that interest that is distinguishable from its effect on members of the public in
general or a substantial segment thereof.
c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or
part-time basis, but not as an independent contractor.
d. RIFirm." Any entity operated for economic gain, whether professional, industrial or
commercial, and whether established to produce or deal with a product or service, including
W not limited to, entities operated in the form of sole proprietorship, as self-employed
person, partnership, corporation, joint stock company, joint venture, receivership or trust,
and entities which for purposes of taxation are treated as non-profit organizations.
e. "Official.°The Mayor, members of the City Council, City Manager, Deputy City Manager,
Assistant City Managers, Department and Division Heads, and Municipal Court Judges of
the Cfty of Corpus Christi, Texas.
f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in
a firm, including when such interest is held through an agent, trust, estate, or holding entity.
'Constructively held' refers to holdings or control established through voting trusts, proxies,
or special terms of venture or partnership agreements."
g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of
Corpus Christi for the purpose of professional consultation and recommendation.
Page 2 of 2
'EXHIBIT
LNV Inc.
ENGINEERG&CVNBVLTANT6
901 Navlgo ton,Sults 300
Cotpus Chrtad,Twwx 78408
Phone:(369)883.1964 masa(305)883.4980
meld note description for an 8.18 acre tract of land out of Block 23, 7. C.Russell Farm Blocks, a sub-
division of Nueces County, Texas,recorded in Volume 3,Page 53, Map Records,Nueces County, Texas
Map Records, said 8.18 acre tract of land being more particularly described by metes and bounds as
follows:
Beginning at a 518 inch iron rod set in the Northeast right of way line of Pinson Drive, for the most
Westerly and beginning comer of the tract herein described,from whence the intersection of the Northeast
right of way tine of said Pinson Drive and-the Southwest right of way line of State Highway 44, bears
North 370•47-37"West,a distance of 703.39 feet;
Thence North 450-18'-15"East,withlu said Block 23,L C.Russell Farm Blocks,at approximately 515.55
feet pass the center of a pipeline running Bast-West in all,a distance of 517.77 feet to a 518 inch iron rod
set for the Northwest comer of the tract herein described;
Thence South 390-09'-43"East,at approximately 17.41 feet pass the center of a pipeline in all a distance
of 159.83 feet to a 5/8 inch iron rod set for a comer of the tract herein described;
Thence South 441-41'-45"East,a distance of 393.51 feet to a 5/8 inch iron rad set for a corner of the tract
herein described;
Thence South 18°-39'-58"East;stili within said Block 23.1 C.Russell Farm Blocks,a distance of 163.72
feet to a 518 inch iron rod found in the adopted north right of way line of Business Centre Boulevard,for
tate most Easterly corner of the tract herein described;
Thence in a Westerly and Southwesterly direction with said adopted North and Northwest right of way line
of said Business Centre Boulevard,and with the are of a circular curve to the left,whose Central Angle is
430-Ol'-52';whose Radius its 330.00 feet, Chord Bearing N 670-07'-49"E,an Are Distance of 247.84
feet tot a 518 inch iron rod found for the P.T.of said curve and for a corner of the tract herein described;
Thence South 451-36'-53" West with the adopted Northwest right of way line of said Business Centre
Boulevard,a distance of 319.92 feet to a 518 inch iron rod found for the Point of Curve of a circular curve
in the Northeast right ofway line of said Pinson Drive and for a corner of the point herein described;
PAGE 1
Thence in a Westerly and Northwesterly direction, with the are of said circular curve, whose Central
Angle is 890-411-22"whose Radius is 15.00 feet,a Chord Bearing N 9911-321-26"W,an Arc Distance of
23.48 feet to a 5/8 inch iron rod found for the Point of Tangency of said carve and for a corner of the tract
herein described;
Whence North 440411-45"West, with the Northeast right of way line of said Pinson Drive, a distance of
546.32 feet to the Point of Beginning.
Containing more or less 8.18 acres of land.
Basis for Bearings Texas State Plane,Zone 4205,Texas South Zone(NAD-83).
State of Tessa
County of Naecea
I, Horacio Olrven-a, a Registered Professional Land Surveyor, of LNV Inc, do hereby certify that the
foregoing Field Note Description was prepared from information of record and from a survey made on the
ground under my direction, and that this description conforms to the current Texas Surveyor's Association
Standards and Specifications for a Category I A,Land Title Survey.
This the Z9 day of/tl ey 2010, O
_ r
._. .. *. �.(Q�py9T�pOQ9tR
HORAGf0 aL111 1lRA
Horacio Oliveira •. .
State of` mm Licrose No.2415 ' ° rJ �+•
PAGE 2
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EXHIBIT
S
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IMURM RFD JI MENT
1. & SSEE'S LIAB11,ITY INSURANCE
A. The Lessee must not commence work under this agreement until helshe has obtained all insurance
required herein and such insurance has been approved by the City Manager, or designee, ("City
Manager").Nor may the Lessee allow any subcontractor to commence work-until all similar insumce.
required of the subcontractor utas been so obtained. Each subcontractor roust obtain egtdvalent
insurance as that required of Lessee.
B. The Lessee must furnish to the City's Risk Matlager 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 cornpany(s)
acceptable to the City's Risk Manager.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-Day Notice erCaecellatlon required on sill certifieatea Bodily Injury and iProporty Damage
Commercial Generst Liability including, $1,000,000 COMBINED SINGLE LIMIT
1. Coramffl•clai Form
2. Promises-Operations
3. Producls/Completed-Operations Hazard
4. Contractual Insurance
S. - Broad>ronn Property Damage
6. Independent Contractors
7. Pemonallydury
AUTOMOBILE LIABILITY.-OWNED NON-OWNED $I,000,OUO COMBII+iED SINGLE LIMIT
OR RENTED
WHICH COMPLIES WITH THE TEXAS WORKERS'
WORKERS'COMPENSATION COMPENSATION ACT AND PARAGRAPH it OF THIS
EXHIBIT
EMPLOYBRS'LIABILITY $100,000
BUILDERS RISK Equal to total cast of construct iv[t,must be carried unlit
I. Ail Risk Form construction is completed and accepted by Lessee.In the
event of future construction,this requiretnentwiil apply in
the same mannerto the total cost ofconsiruction.
PROPERTY and CAUSUALTY INSURANCE $NO L13SS THAN 90%OF REPLACEMENT VALUE,
Against loss or damage lo improvements due to fire,lightning requirement begins upon completion and aeceptewe of
and all other perils included in standard extended coverage construction by Lessee
policies including vandalism and malicious mischief
C. In the event of accidents of any kind,the Lessee roust furnish the Risk Manager with copies of all
reports of such accidents at the same time that the reports are forwarded to any other interested parties,
MDUAlrbome Express Ins.req,
9.2.99 op Risk Mgmt.
1:I. ADEUMAL REQ]1111FI SM
A. The Lessee must obtain workers' compensation coverage through a licensed insurance company or
through self-insurance obtained in accordance with Texas law. If such coverage is obtained through
a licensed company,the contract for coverage must be written on a policy and endorsements approved
by the Texas Department of Insurance.
If such coverage is provided through self-insurance,then within 10 calendar days after the date the
Contract Admlmstrator requests that the Lessee sign the contract documerits,the Lessee must provide
the Risk Manager witb a copy of its certificate of autbority to self-insure its workers' compensation
coverage,as well as a letter signed by the L$ssee 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
tim Lessee, 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 the Lessee must immediately
provide written notice of such facts to the City Manager,by certified mail,return receipt requested
directed to City of Corpus Christi,Aviation Department,P.O.Box 9277,Corpus Christi,TX 78469-
9277-Attention:Contract Administrator.
Whether workers' compensation coverage is provided through a licensed insurance company or
though self-insurance, the coverage provided must be in an amount sufficient to assure that all
workers' compensation obligations incurred by the Lessee will be promptly met.
B. Certificate of Insurance:
* The City of Corpus Christi roust be named as an additional insured on the liability
coverage,except farthe Workers'Cornpensatio n coverage and a blanket waiver of subrogation
on all applicable policies.
* Ifyour insurance company uses the standard ACORD form,the cancellation clause(bottorn
right)rarest be amended by adding the wording"changed or" between"be"and"canceled",
and deleting the words,"endeavor to",and deleting the wording after
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.
Ce If the Certificate of Insurance on its face does not show on its face the existence of the
coverage required by items LB(1)-(8),an authorized representative ofthe insurance company
must include a letter specifically stating whether items JR (1)-(l3)are included or excluded.
III. A completed Disclosure of Interest must be submitted with your proposal.
ASSIGNMENT AND ASSUMPTION OF GROUND LEASE
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
THIS ASSIGNMENT AND ASSUMPTION OF GROUND LEASE (the "Assignment")
is effective as of the _t —day of _Oe pbt 2011 (the "Effective Date"), by and between
CORPUS CHRISTI DEVELOPMENT 1, L.L.C., a Missouri limited liability company d/b/a Corpus
Christi FXG, L.L.C. ("Assignor") and MREIC CORPUS CHRISTI TX,LLC, a Texas limited liability
company ("Assignee"), with mailing address of Juniper Business Plaza, 3499 Route 9 North, Suite 3-C,
Freehold,New Jersey 07728, Attn: Mr. Eugene W. Landy,President,
RECITALS
WHEREAS, Assignor, as"Developer", has entered into a Ground Lease dated October 12, 2010,
with CITY OF CORPUS CHRISTI ("Master Landlord"), as "Tenant", covering certain real property
located in Nueces County, Texas, as more particularly described on EXHIBIT A attached hereto and
incorporated herein by reference (the "Property"), a true and correct copy of which is attached hereto as
EXHIBIT B ("Lease").
WHEREAS, Assignor desires to assign and transfer to Assignee all of the rights and benefits of
Assignor as "Developer"under the Lease upon the terms set forth below.
WHEREAS, by Assignment and Assumption of Sublease of even date herewith, Assignor has
granted, sold, and conveyed to Assignee all of Assignor's interest as "Landlord" Linder that certain
Sublease dated October 4, 2010, between Assignor and FedEx Ground Package System, Inc. covering the
Property.
WHEREAS,at public hearing on August 23, 2011,the City Council of the CITY OF CORPUS
CHRISTI ("City Council") consented to this Assignment and Assumption of Lease and authorized the
City Manager to execute the Landlord's Consent and Estoppel Certificate appended hereto.
AGREEMENT
NOW, THEREFORE, for and in consideration of the sum of TEN DOLLARS ($10.00) and
other good and valuable consideration paid by Assignee to Assignor,the receipt and sufficiency of which
are hereby acknowledged, Assignor hereby ASSIGNS, TRANSFERS, SETS OVER, CONVEYS, and
DELIVERS unto Assignee all of Assignor's interest in the Lease.
TO HAVE AND TO HOLD the Assignor's interest in the Lease, together with all and singular
the rights and appurtenances thereto in anywise belonging, unto Assignee, Assignee's successors and
assigns forever; and Assignor does hereby bind Assignor, and Assignor's successors and assigns, to
WARRANT and FOREVER DEFEND, all and singular, the Assignor's interest in the Lease, unto
Assignee, and Assignee's successors and assigns, against every person whomsoever lawfully claiming or
to claim the same or any part thereof.
By execution hereof, Assignee assumes and is obligated to keep, fulfill, observe, perform and
discharge each and every covenant, duty, debt, and obligation of the "Developer" that may accrue and
become performable, due, or owing on after the Effective Date under the terms, provisions and conditions
of the Lease.
Assignor agrees to indemnify Assignee against and hold Assignee harmless from any and all cost,
liability, loss, damage, or expense, including, without limitation, reasonable attorneys' fees, arising from
or in any way connected with Assignor's performance of or failure to perform any duties or obligations
accruing under the Lease prior to the Effective Date. Assignee agrees to indemnify Assignor against and
hold Assignor harmless from any and all cost, liability, loss, damage, or expense, including, without
limitation, reasonable attorneys' fees, arising from or in any way connected with Assignee's performance
of or failure to perform any duties or obligations accruing under the Lease on or after the Effective Date.
Assignor represents and warrants to Assignee that as of the Effective Date:
(a) Assignor is the current owner and holder of all rights, titles, and interests of the
"Developer" under the Lease, and Assignor's rights, title, and interest in the Lease have not been
assigned,transferred, or mortgaged to any other party;
(b) there are no uncured defaults by Assignor under the Lease nor does ally condition
exist that, with the passage of time or the giving of notice or both, would constitute a default of
Assignor under the Lease;
(c) to the best of Assignor's knowledge, there is no uncured default by time or the
giving of notice or both, would constitute a default by Master Landlord under the Lease;
(d) Attached hereto as EXHIBIT B is a true, correct and complete copy of the
Lease, including all amendments, addenda, and other modifications thereto;
(e) The Lease contains the entire agreement between Assignor and Master Landlord
and has not been amended, modified, or changed in any respect except as reflected in
EXHIBIT B;
(f) the Lease is in full force and effect;
(g) there are no lease commissions or other fees payable to any real estate broker or
agent in connection with this transaction arising by,through, or under Assignor; and.
(h) Master Landlord agrees to pay to Assignor $25,801.80 upon issuance of the
Certificate of Occupancy, in full satisfaction of Paragraph 6 of the Lease.
Assignor and Assignee each agree to execute and deliver such other documents and instruments
as may be necessary or appropriate to transfer, assign, convey and deliver the Lease and to otherwise
accomplish the purposes and intent of this Assignment.
Assignee shall promptly record a copy of the fully executed Assignment and Assumption
Agreement in the Official Public Records of Nucces County,Texas.
Assignee may not assign or transfer the Lease without the prior written consent of the City
Council expressed by Ordinance.
This Assignment is binding upon and inures to the benefit of the parties and their respective legal
representatives, successors, and assigns.
This Assignment may be executed in any number of counterparts, each of which will be deemed
an original, and all of which -- taken together-- will constitute a single instrument. Executed pages from
any counterpart may be attached to another counterpart to form a complete document.
Assignment and Assumption RHF 8-17-11 b(2) 2
Corpus Christi,Texas
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates set
forth below, but to be effective as of the Effective Date.
ASSIGNOR:
CORPUS CHRISTI DEVELOPMENT 1,L.L.C.,
a Missouri limited liability company
d/b/a Corpus Cl inti C.
By:
Name: Kevin R. Jones
Title: Manager
STATE OF M 1515 cru R t §
COUNTY OF §
This instrument was acknowledged before me on the *lv' day of f m b ; 2011, by
_Kevin R. Jones , the Manager of CORPUS
CHRISTI DEVELOPMENT 1,LLC., a Missouri Iimited liability company, on behalf of said entity.
gl fiyy KATHLEEN NIEDHO
r'P G
NOTARY PUDUC Nota Public,S rate of
s���t
Printed Name: X 44h i., en
H
12,30t2 My commission expires:
(Signatures continued on nextpage)
Assignment and Assumption R1-1F 8-17-11 b 3
Corpus Christi,Texas
ASSIGNEE:
MREIC CORPUS CHMSTI TX,LLC,
a Texas limited liability company
By: Momnouth Real Estate Investment Corporation,
a Maryland corporation,
its Member
By:
Name: fidlWaeltrlq
Title: QL°�1C�2l� Cramr�/
STATE OF J')'S §
COUNTY OF Mhtp A §
This instrument was acknowledged before me on the 2j' day of , 2011, by
Atli Srm NAq M81'a, , the Op'np ramsP f of Monmouth Real Estate Investment
Corporation, a Maryldud corporation, 1 ember, on behalf of MREIC CORPUS CHRISTI TX, LLC, a
Texas limited liability company.
E.
Notary Public, Mte of � mvj 11
Printed Name:
My commission expires:
NOTARY PUBLIC OF NEW jERSE-r-
„P -;.j .....,RIRF9 P". 12014
Assignment and Assumption RHF 8-17-11 b(2)
Corpus Christi,Texas
EXHIBIT A
LEGAL DESCRIPTION
I
I-NV Inc.
ENGINEERS&CONSULTANTS
001 Navigation,Suite 300
Corpus Christi,Texas 78408
Phone:(361)083-1984 Fax:(361)803-1906
Field note description for an 8.18 acre tract of laud out of Block 23,7_C.Russell Farm BIocks,a sub-
division of Nueces County,Texas,recorded in Volume 3,Page 53,Map Records,Nucces County,Texas
Map Records,said 8.18 acre tract of land being more particularly described by metes And bounds as
follows:
Beginning at a 518 inch iron rod set in the Northeast right of way line of Pinson Drive, for the most
Westerly and beginning corner of the tract herein.described,from whence the intersection of the Northeast
right of way line of said Pinson Drive and the Southwest right of way line of State Highway 44,bears
North 370-07'-37"West,a distance of 70.39 feet;
Thence North 45°-18'-15"East,within said Block 23,J.C.Russell Farm Blocks,at approximately 380
feet,pass the center of a pipeline running East-West,as per survey done by Maverick Engineering,Inc.,
dated September 25,2006,in all,a distance of 517.77 feet to a 518 inch iron rod set for the Northwest
comer of the tract herein described;
Thence South 89°-59'-43"East,a distance of 159.83 feet to a 5/8 inch iron rod set for a corner ofthe tract
herein described;
i
Thence South 44141'-45"East,at approximately 160 feet pass said pipeline as per Maverick Engineering,
Inc.in all a distance of 393.51 feet to a 5/8 inch iron rod set for a comer of the tract herein described;
Thence South 18°-39'-58"}vast,still within said Block 23.J.C.Russell Farm Blocks,a distance of 163.72
feet to a 518 inch iron rod found in the adopted north right of way litre of Business Centre Boulevard,for
the most Easterly corner of the tract herein described;
Thence in a Westerly and Southwesterly direction with said adopted North and Northwest right of way line
of said Business Centre Boulevard,and with the arc of a circular curve to the left,whose Central Angle its
43°-01'-52",whose Radins is 330.00 feet,Chord Bearing N 671-07'-49"E,an Are Distance of 247.84
feet tot a 518 inch iron rod found for the P.T.of said curve and for a corner of the tract herein described;
Thence South 45'-36'-53"West,with the adopted Northwest right of way line of said Business Centre
Boulevard,a distance of 319.92 feet to a 518 inch iron rod found for the Point of Curve of a circular curve
in the Northeast right of way line of said Pinson Drive and for a corner of the point herein described;
PAGE
Assignment and Assumption RHF 8-17-11 h(2)
Thence in a Westerly and Northwesterly direction,with the arc of said circular curve, whose Central
Angle is 89°-41'-22"whose)Radius is 15.00 feet,a Chord Bearing N 89°-32'-26"W,as Are Distance of
23.48 feet to a 518 inch iron rod found for the Point of Tangency of said curve and for a corner of the tract
herein described;
Thence North 44041'-4511 West,with the Northeast right of way line of said Pinson Drive,a distance of
546.32 feet to the Point of Beginning.
Containing more or less 8.18 acres of land.
Basis for Bearings Teras State Plane,Zone 4205,Texas South Zone(NAD-83).
State of Texas
County of Nueces
I, I3oracio Oliveira, a Registered Professional Land Surveyor,of LNV Inc, do hereby certify that the
foregoing held Note Description was prepared from information of record and from a survey made on the
I ground under my direction,and that this description conforms to the current Texas Surveyor's Association
Standards and Specifications for a Category h-A,Land Title Survey.
This the Z& day of 2010.
' r P..•'isle
RF�4S
Horacio Oliveira HOFiAC10 O�IV IRA
State of Texas License No.1415
{ q 1415
�Q si:iR
PAGE
6
EXFIISIT"B"
[Omitted for Recordation]
7
LANDLORD'S CONSENT AND ESTOPPEL CERTIFICATE
ID 6-r
THIS LANDLORD'S CONSENT AND ESTOPPEL CERTIFICATE ("Certificate") dated nC
1, 2011, is made by the City of Corpus Christi ("Landlord") to the above ASSIGNMENT AND
ASSUMPTION OF GROUND LEASE ("Assignment and Assumption of Ground Lease") for the benefit
of CORPUS CHRISTI DEVELOPMENT 1, L.L.C., a Missouri limited liability company d/b/a Corpus
Christi FXG,L.L.C., ("Assignor"); and MREIC CORPUS CHRISTI TX,LLC,a Texas limited liability
company ("Assignee"), with mailing address of Juniper Business Plaza, 3499 Route 9 North, Suite 3-C,
Freehold,New Jersey 07728.
RECITALS
A. Landlord has leased the Real Property to Assignor pursuant to a ground lease (the "Lease")dated
October 12, 2010, a copy of which is attached to the above Assignment and Assumption of
Ground Lease The following information is a summary of the basic terms and conditions of the
Lease:
a. The Lease is for a base term of thirty (30)years commencing on the sixty-first(61st) day
following final approval by the Landlord's City Council. The Lease commenced
December 12, 2010, and shall expire December 11, 2040.
b. Rent is abated for the period beginning on the commencement date until the date of
beneficial occupancy as determined by the issuance of a certificate of occupancy by the
Landlord ("Certificate of Occupancy")or September 1, 2011, whichever is earlier.
c. Rent is due and payable on the first day of each calendar month of the Lease Term. Rent
will be assessed as further defined in Section 7 of the lease, for the gross square footage
of the Premises and paid on an annual basis to the Airport at the address show in Section
30 of the lease.
d. The Lease covers the real property described in the above Assignment and Assumption of
Ground Lease.
e. The Real Property or its address is commonly known as 246 Glasson Drive, Corpus
Christi,Texas 78406.
B. Unless otherwise defined below, the capitalized terms herein shall have the meanings as set forth
in the Assignment and Assumption of Ground Lease.
AGREEMENT
To induce Assignee to acquire Assignor's leasehold interest and for other valuable consideration, with
knowledge that Assignee is relying thereon, Landlord hereby agrees with Assignee as follows:
1. CONSENT. Landlord acknowledges and agrees that it has fully consented to the assignment and
transfer of Assignor's interest in the Lease to Assignee and to the assumption by Assignee of all
obligations under the Lease. Additionally, Landlord consents to the lien of Sun National Bank
and its successors and assigns attaching to Assignor's interest in the Lease. This consent will not
be construed as a waiver of any rights Lessor may have against Assignor by reason of the past
performance of Assignor. No provision of this consent alters or modifies any of the terms and
conditions of the Lease, including the requirement that the written consent of Lessor be obtained
with respect to any future assignment of the Lease.
2. ESTOPPEL. Landlord represents and warrants to Assignee that:
2.1. Lease in Effect. A true and correct copy of the Lease is attached to Assignment and
Assumption of Ground Lease. The Lease (i) has been duly executed and accepted by
Landlord and Assignor, (ii) is in frill force and effect, and (iii) has not been modified or
changed, either in writing or orally.
2.2. Waiver of Cancellation Right: Landlord hereby waives any and all rights to cancel the Lease
due to the failure of Assignor and FedEx Ground Package System, Inc. ("Sublessee") to
execute a build to suit sublease on or before October 1, 2010, as required by Paragraph 4 of
the Lease. Landlord acknowledges and agrees that Assignor executed such sublease with
Sublessee on October 4, 2010, and that such sublease is in full force and effect and is
permitted under the terms of the Lease.
2.3. Workers' Compensation Insurance, Landlord acknowledges and agrees that the requirement
for the "Lessee" under the Lease to carry workers' compensation and employer's liability
insurance does not apply to any such "Lessee" that does not have employees. However,
worker's compensation insurance is required once Lessee mires paid employees.
2.4. No Default. As of the date of this Certificate and to Landlord's best knowledge and belief:
(i) all conditions and obligations to be performed by either Landlord or Assignor under the
Lease to the date hereof have been satisfied; (ii) there exists no breach, default, or event or
condition which the giving of notice or the passage of time, or both,would constitute such a
breach or default under the Lease: and (iii) there are no existing claims, defenses or offsets
against obligations of either Landlord or Assignor under the Lease, including any against
rents due or to become due under the terms of the Lease. Further, Landlord agrees to pay to
Assignor $25,801.80 upon issuance of the Certificate of Occupancy, in full satisfaction of
Paragraph 6 of the Lease.
2.5. Entire Agreement. The Lease constitutes the entire agreement between Landlord and
Assignor with respect to the Lease of the Real Property.
2.6. No Prepaid Rent.No deposits or prepayments of rent have been made in connection with the
Lease except as may be described above in the summary description of the Lease.
3. MISCELLANEOUS PROVISIONS: This Certificate shall extend to and bind the respective heirs,
personal representatives,successors and assigns of the parties to this Certificate. This Certificate shall
be governed by and construed in accordance with the laws of the State of Texas. If Landlord is other
than an individual, any agent or other person executing this Certificate on behalf of Landlord
represents and warrants to Assignee that he or she has full power and authority to execute this
Certificate on Landlord's behalf. Assignee shall not be deemed to have waived any rights under this
Certificate unless such waiver is in writing and signed by Assignee.No delay or omission on the part
of Assignee in exercising any right shall operate as a waiver of such right or any other right. A waiver
by Assignee of a provision of this Certificate shall not constitute a waiver of or prejudice Assignee's
right otherwise to demand strict compliance with that provision or any other provision. Commerce
9
Bank N.A. has provided Assignor and Landlord with written consent of this Assignment and
Assumption Agreement, and a copy of consent by Commerce Bank N.A. is attached.
THIS CERTIFICATE IS DATED September L2-,2011
LANDLORD:
A pprowd as to form; e1. ? ti ti CITY OF CORPUS CHRISTI
Name:
Title: At�<dn� Ln a
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledad�,4bANgCh
re me on the -day of 2011, by
�{ C, Q the h� behalf of the City of Corpus Christi.
�;�pAYP 6 MENU U Lr GRASZ
°" `'�`=
Natury public Notary Public, State Texas
* '*= STATE OF TEXAS Printed Name:
My Comm. Exp. 05.07-2012 My commission expires:
2
2q
QJAUTHORIZED
NY COUNCIL...J�o�1.�.�j .
................ c.
SECRE-fhl7 .
10
CONSTRUCTION LENDER'S CONSENT TO ASSIGNMENT
This Consent("Consent")is made August_2011,by Commerce Bank,a Missouri bank and trust company,
formerly known as Commerce Bank,N.A. of 1000 Walnut, 18th Floor,Kansas City,Missouri 64106(Lender)for
the benefit of the CITY OF CORPUS CHRISTI("Ground Lessor').
RECITALS
A. Lender is the beneficiary of a Deed of Trust("Deed of Trust")dated December 13,2010 riled under
Instrument File Number 2010045615 and refiled as Number 2011002256,Official Records of Nueces
County,TX executed by Corpus Christi Developments 1,L.L.C.("Ground Lessee") securing a note of
even date in the amount of$3,400,000.
B. The Deed of Trust encumbers the property particularly described on EX MIT A attached hereto and
incorporated herein by reference(the"Real PropeW).
C. Ground Lessee, as "Developer", has entered into a Ground Lease dated October 12, 2010, with Ground
Lessor covering the Real Property("Ground Lease").
D. Ground Lessee is assigning its interest in the Ground Lease to MREIC CORPUS CHRISTI TX,LLC,a
Texas limited liability company("Assignee"),with mailing address of Juniper Business Plaza, 3499
Route 9 North, Suite 3-C,Freehold,New Jersey 07728.
CONSENT
Lender hereby consents to the assignment of the Ground Lease by Ground Lessee to Assignee,provided however,
that concurrent with the assignment,Lender is paid in full.
IN WITNESS WHEREOF, the Lender has caused this Consent to be executed as of the day and year first above
written.
Commerce Bank,a Missouri bank and trust company, formerly
lmawn as Commerce Bank,N.A.
B L ��
Y�
Mike
olson, Senior Vice-Pry ident
STATE OF l+IIISSOURI §
COUNTY OF JACKSON §
This instrument was acknowledged before me on the day of August,2011,by John S.Mikelson,the Senior
Vice-President,on behalf of Conlmerce Bank,a Missouri bank and trust company, formerly known as Commerce
Bank,N.A.
DONNA K. SAMS
Notary Public-Notary Seal
STATE OF MISSOURI
Jackson County
My Commission i`xpires Dec. 1, 2012 Notary Public, State of
Commission#`0$692564
Printed Name0:A C� rm ; _
.. _ _.
My commission expires: b Z-
0
H
V
CORPORI AGENDA MEMORANDUM
1852 Action Item for the City Council Meeting February 22, 2022
DATE: February 22, 2022
TO: Peter Zanoni, City Manager
FROM: Dante Gonzalez, Interim Director of Parks and Recreation
DanteG(a)cctexas.com
(361) 826-3133
Josh Chronley, Assistant Director of Finance-Procurement
Josh C2(a)cctexas.com
(361) 826-3169
Purchase of Shade Structures from ExerPlay, Inc.
CAPTION:
Motion authorizing the purchase of 27 shade structures, 20 of which will be installed at Labonte
Park, from ExerPlay, Inc., of Cedar Crest, New Mexico, for various City parks through the
BuyBoard Cooperative for Parks and Recreation, for a total amount of$282,278.25, with FY 2022
funding in the amount of $282,278.25 available through the General Fund.
SUMMARY:
The Parks and Recreation Department is requesting the purchase of 27 hot-dip galvanized steel
shade structures with a powder coat finish from ExerPlay, Inc. 20 of these structures will be
installed at Labonte Park. Each shade structure is priced at $10,454.75 for a total of$282,278.25.
Installation of the shade structures will be performed in-house by Asset Management through a
third-party vendor.
BACKGROUND AND FINDINGS:
Parks and Recreation Department is requesting to purchase 27 hot-dipped galvanized steel shade
structures with a power coat finish from ExerPlay, Inc. The shades structures are part of a regional
community park improvement project to provide shade for parkgoers, improved and increased
number of shade structures in neighborhood, niche, and community City parks, is driven by public
request, and is consistent with the 10-year Parks Master Plan community survey.
The 27 shade structures will replace existing end-of-life shade structures or will strategically be
placed as a new addition to the park amenities. Two options that were considered were:
Option 1) 10' x 10' Hot-dip galvanized steel with a powder coat finish
Option 2) 12' x 12' Hybrid steel base and laminated wood roof structures
Parks and Recreation selected Option 1 - 10' x 10' Hot-dip galvanized steel with a powder coat
finish shade structure over Option 2 - 12' x 12' hybrid structure. Both structures have a 65-year
life span on their base and the hybrid structure has a 40-year life span on the roof. Option 1 was
superior in resisting insect damage and providing ease of maintenance as metal can be easily
power washed, is significantly more difficult to vandalize as it is difficult to carve into, and color
options are limitless. Option 2 is susceptible to insect damage and color options are limited.
Despite having a 40-year span, color matching the laminated wood will become extremely difficult
if the product is discontinued or if it will have to be specialty-ordered. Meanwhile, steel can be
easily replaced and repainted to match any chosen color palette.
The shade structures will be placed in the following Parks:
Park Locations Addresses Unit Amounts
Labonte Park 14333 1-37, 78410 20 shade structures
Lindale Park 3133 Swantner St, 78404 1 shade structure
Billish Park 15601 Gypsy St, 78418 2 shade structures
Parker Park 654 Graham Rd, 78418 4 shade structures
TOTAL 27 shade structures
20 of the shade structures will be installed at Labonte Park, which is near the Nueces River. The
Nueces River has overflowed in the past and water has covered park amenities. Both options
have galvanized steel bases. Galvanized Steel is a lower cost alternative to achieve long lasting
corrosive protection. Along with proper maintenance and routine painting with rust protectant
paint, the galvanized coating on the steel will provide considerable protection to the elements
which surround Labonte Park as well as Billish Park which are located near the water.
Galvanized Steel Structure (Option 1)
Projected Annual projected Lifespan Permit Costs Size
Maintenance
$27,000 65 Years $0 10'x10'
Laminated Wood Roof w/Galvanized Steel Base (Option 2)
Projected Annual projected Lifespan Permit Costs Size
Maintenance
(Roof) $20,000 40 Years $2,310 12'x12'
(Base) $10,000 65 Years 12'x12'
Option 1 Option 2
Purchase Price $282,278.25 $214,615.05
Engineering $0 $53,653.76
Reimbursements
Permit Costs $0 $2,310
Total Cost $282,278.25 $270,578.81
The pricing listed does not include installation, offloading of equipment at time of delivery, storage,
security, site preparation, security fencing, or any applicable taxes, bonds, or permits. Option 1
requires no permitting. However, the 12' x 12' laminated wood structures would require an
additional $2,310 in permitting costs and additional engineering costs.
Parks and Recreation recommends and prefers the Hot-dip galvanized steel option as it will be
the most effective and suitable material to use for these structures. Furthermore, Engineering
supports the purchase the Hot-dip galvanized steel shade structures.
PROCUREMENT DETAIL:
This procurement is through the BuyBoard Cooperative. Contracts awarded through the
BuyBoard Cooperative have been competitively procured in compliance with the Texas Local and
State procurement requirements.
ALTERNATIVES:
The alternative would be to purchase the hybrid hot-dip galvanized steel base with laminated
wood roof shade structures. The alternative would initially be a less expensive option but will be
on average more expensive to maintain and to acquire replacement parts and may not be the
same material or may need to be a specialty order. Due to the projected increase in maintenance
cost, the most readily available materials would be the recommended choice.
FISCAL IMPACT:
Expenditures for purchase of the 27 shade structures will total at an amount of $282,278.25 for
FY22 through the General Fund. Installation will be performed in-house by Asset Management.
FUNDING DETAIL:
Fund: 1020 General Fund
Organization/Activity: 12900 Office of the Director
Mission Element: 142
Project # (CIP Only): N/A
Account: 530215 Maint & repairs-contracted
RECOMMENDATION:
Staff recommends approval of this motion authorizing the purchase of 27 shade structures from
ExerPlay, Inc. as presented.
LIST OF SUPPORTING DOCUMENTS:
Price Sheet
Presentation
City of Corpus Christi Price Sheet
Contracts& Procurement Purchase of Steel Shelter Shades for Various City Parks
Senior Buyer: Tracy Garza Parks and Recreation
BuyBoard 592-19
EXERPLAY, INC.
CEDAR CREST, NEW MEXICO
ITEM DESCRIPTION QUANTITY UNIT EXTENDED TOTAL
1 10X10 Steel Shelter, HDG w/PC,TS-SQ 10-4 27 $10,454.75 $282,278.25
TOTAL PURCHASE PRICE $282,278.25
SS\ FOR ACCAP
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27 Shade Structures
City Council
February 22, 2022
Background
GGRPUS
CHRISTI
PARK56
• Parks and Recreation is requesting purchase of 27 hot-dip
galvanized steel shade structures from ExerPlay, Inc. for
regional community park improvements
— Replacing current shade structures with significant rust damage
and wood rc)t
• Hot-dip galvanized steel is estimated to provide 70 years of
maintenance free corrosion protection
• Each shade structure will cost $10,454.75 for a total of
$282,278.25
Park Locations
GGRPUS
CHRISTI
PARK56
• Labonte Park
Receiving 20 shade structures Y
• Lindale Park
— Receiving 1 shade structure R �;
• Billfish Park
— Receiving 2 shade structures „
• Parker Park
Receiving 4 shade structures \\
i� t�
Recommendation
CHRISTI
PARK56
Staff recommends approval of this motion
authorizing the purchase of 27 shade structures
from ExerPlay, Inc. as presented.
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WoRPORPg4 AGENDA MEMORANDUM
1852 Action Item for the City Council Meeting February 15, 2022
DATE: February 15, 2022
TO: Peter Zanoni, City Manager
FROM: Gabriel Ramirez, Interim Director of Water Utilities
Gabriel R(a)cctexas.com
(361) 826-1202
Josh Chronley, Assistant Director of Finance-Procurement
Joshc2(a)cctexas.com
(361) 826-3169
Service agreement for Maintenance and Emergency Vactor Service for Utilities
Department
CAPTION:
Motion authorizing a one-year service agreement with two one-year option periods with
ADK Environmental, Inc., of Odem, Texas for preventative maintenance and emergency
vactor service for an amount not to exceed $297,000.00, with a potential amount not to
exceed $938,000.00 if option periods are exercised, with FY 2022 funding in an amount
of $173,250.00 available through the Wastewater Fund.
SUMMARY:
This service will provide preventative and emergency maintenance at the six wastewater
treatment plants and lift stations throughout the city for the Utilities Department.
BACKGROUND AND FINDINGS:
Built-up sludge in wells at the wastewater treatment plants and lift stations can negatively
impact the wastewater treatment process. Regular preventative maintenance of the
treatment plants and lift stations to remove grease and debris is necessary to remove
material that affects the productivity of the wastewater treatment process, to increase the
life of wastewater pumps, and to prevent sanitary sewer overflows.
While Water Utilities Dept. is creating in-house cleaning crews for wastewater treatment
plants and lift stations, this service contract is needed to provide as-needed and
emergency services.
PROCUREMENT DETAIL:
The Finance-Procurement Department conducted a competitive Request for Bids
process to obtain bids for a new three-year contract. The City received one responsive,
responsible bid and staff is recommending the award to the incumbent ADK
Environmental, Inc. ADK Environmental, Inc. has been the supplier since October 2017.
The initial term of one year for the recommended contract is approximately $15,000.00
less than the current contract. The two one-year option periods will increase upon renewal
each year approximately 6% and 9% respectively if exercised.
ALTERNATIVES:
An alternative to awarding this service agreement is to reject the bid and not enter into a
service agreement, which would require staff to solicit quotes each time the need for
service arises. Having to solicit quotes as needed would result in a time delay due to the
procurement process which would delay services that are needed immediately.
FISCAL IMPACT:
The fiscal impact to the Utilities Department for this one-year service agreement with two
one-year option periods for preventative maintenance and emergency vactor service is
for an amount not to exceed $297,000.00, with a potential amount not to exceed
$938,000.00 if option periods are exercised. Approximately $173,250.00 is required for
FY 2022, and the remaining cost will be budgeted in future years through the annual
budget process.
FUNDING DETAIL:
Fund: 4200 Wastewater
Organization/Activity: 33100 Broadway Wastewater Plant
Mission Element: 064
Project # (CIP Only): N/A
Account: 530215 Maintenance and Repairs — Contracted
Cost: $24,750.00
Fund: 4200 Wastewater
Organization/Activity: 33110 Oso Wastewater Plant
Mission Element: 064
Project # (CIP Only): N/A
Account: 530215 Maintenance and Repairs — Contracted
Cost: $24,750.00
Fund: 4200 Wastewater
Organization/Activity: 33120 Greenwood Wastewater Plant
Mission Element: 064
Project # (CIP Only): N/A
Account: 530215 Maintenance and Repairs — Contracted
Cost: $24,750.00
Fund: 4200 Wastewater
Organization/Activity: 33130 Allison Wastewater Plant
Mission Element: 064
Project # (CIP Only): N/A
Account: 530215 Maintenance and Repairs — Contracted
Cost: $24,750.00
Fund: 4200 Wastewater
Organization/Activity: 33140 Laguna Madre Wastewater Plant
Mission Element: 064
Project # (CIP Only): N/A
Account: 530215 Maintenance and Repairs — Contracted
Cost: $24,750.00
Fund: 4200 Wastewater
Organization/Activity: 33150 Whitecap Wastewater Plant
Mission Element: 064
Project # (CIP Only): N/A
Account: 530215 Maintenance and Repairs — Contracted
Cost: $24,750.00
Fund: 4200
Organization/Activity: 33210 Lift Station Operation & Maintenance
Mission Element: 065
Project # (CIP Only): N/A
Account: 530215 Maintenance and Repairs — Contracted
Cost: $24,750.00
RECOMMENDATION:
Staff recommends approval of this service agreement with ADK Environmental, Inc. as
presented.
LIST OF SUPPORTING DOCUMENTS:
Bid Tabulation
Service Agreement
City of Corpus Christi Bid Tabulation
Procurement Division RFB #3978
Senior Buyer : Cynthia Perez Preventative and Emergency Vactor Service
ADK Environmental, Inc.
Odem,Texas
ITEM Description Unit 1-Year Qty Unit Price Total Price
La bor
1 Regular Hours (M-F 8:OOAM- HR 1,520 $ 150.00 $ 228,000.00
5:OOPM) For Preventative
Maintenance & Emergency
La bor
2 After Hours (5:OOPM-8:OOAM, to HR 300 $ 180.00 $ 54,000.00
include holidays) For Emergency
Service
Miscellaneous Equipment
3 Emergency Allowance EA 1 $ 15,000.00 $ 15,000.00
* Re uires City Approval
Total $ 297,000.00
ITEM Description Unit 2-Year Qty Unit Price Total Price
La bor
1 Regular Hours (M-F 8:OOAM- HR 1,520 $ 160.00 $ 243,200.00
5:OOPM) For Preventative
Maintenance & Emergency
La bor
2 After Hours (5:OOPM-8:OOAM, to HR 300 $ 192.00 $ 57,600.00
include holidays) For Emergency
Service
Miscellaneous Equipment
3 Emergency Allowance EA 1 $ 15,000.00 $ 15,000.00
*
Requires City Approval
Total $ 315,800.00
ITEM Description Unit 3-Year Qty Unit Price Total Price
La bor
1 Regular Hours (M-F 8:OOAM- HR 1,520 $ 165.00 $ 250,800.00
5:OOPM) For Preventative
Maintenance & Emergency
La bor
2 After Hours (5:OOPM-8:OOAM, to HR 300 $ 198.00 $ 59,400.00
include holidays) For Emergency
Service
Miscellaneous Equipment
3 Emergency Allowance EA 1 $ 15,000.00 $ 15,000.00
* Re uires City Approval
Total $ 325,200.00
DocuSign Envelope ID:7CB3EFE6-EBA7-423C-83E2-FC8C5D66EB75
�yV S C�
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H SERVICE AGREEMENT NO. 3978
U
Preventative and Emergency Vactor Service
yeanaonn!e�
1852
THIS Preventative and Emergency Vactor Service Agreement ("Agreement") is
entered into by and between the City of Corpus Christi, a Texas home-rule municipal
corporation ("City") and ADK Environmental, Inc. ("Contractor"), effective upon
execution by the City Manager or the City Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Preventative and Emergency Vactor
Service in response to Request for Bid/Proposal No. 3978 ("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 and Emergency Vactor Service
("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) The Term of this Agreement is one year beginning on the date provided in
the Notice to Proceed from the Contract Administrator or the City's Procurement
Division. The parties may mutually extend the term of this Agreement for up to two
additional one-year periods ("Option Period(s)"), provided, the parties do so 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
$297,000.00, subject to approved extensions and changes. Payment will be made
for Services provided and accepted by the City within 30 days of acceptance,
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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: Diana Zertuche-Garza
Department: Utilities Department
Phone: (361 ) 826-1627
Email: DianaZ@cctexas.com
5. Insurance; Bonds.
(A) Before performance can begin under this Agreement, the Contractor must
deliver a certificate of insurance ("COI"), as proof of the required insurance
coverages, to the City's Risk Manager and the Contract Administrator.
Additionally, the COI must state that the City will be given at least 30 days'
advance written notice of cancellation, material change in coverage, or intent
not to renew any of the policies. The City must be named as an additional insured.
The City Attorney must be given copies of all insurance policies within 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment C, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
(B) In the event that a payment bond, a performance bond, or both, are
required of the Contractor to be provided to the City under this Agreement before
performance can commence, the terms, conditions, and amounts required in the
bonds and appropriate surety information are as included in the RFB/RFP or as
may be added to Attachment C, and such content is incorporated here in this
Agreement by reference as if each bond's terms, conditions, and amounts were
fully set out here in its entirety.
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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.
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
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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: Diana Zertuche-Garza
Title: Contracts/Funds Administrator
Address: 2726 Holly Road, Corpus Christi, Texas 78415
Phone: (361) 826-1627
Fax: (361) 826-4495
IF TO CONTRACTOR:
ADK Environmental, Inc.
Attn: Sharon Kastner
Title: President
Address: 16434 FM 630 Odem, Texas 78370
Phone: (361) 364-2004
Fax: N/A
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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.
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.
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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
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.
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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
Approved as to Legal Form October 29, 2021
DocuSign Envelope ID:7CB3EFE6-EBA7-423C-83E2-FC8C5D66EB75
CONTRACTOR
DocuSigned by: 1.
ur
Signature:
SLvbv, 6slv
C�3E=Rc6@6�E5�Ek4D ...
Sharon Kastner
Printed Name:
President
Title:
Date: 1/10/2022
CITY OF CORPUS CHRISTI
Josh Chronley
Assistant Director of Finance - Procurement
Date:
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements
Attachment D: Warranty Requirements
Attachment E: Consent Decree Requirements
Incorporated by Reference Only:
Exhibit l : RFB/RFP No. 3978
Exhibit 2: Contractor's Bid/Proposal Response
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DocuSign Envelope ID:7CB3EFE6-EBA7-423C-83E2-FC8C5D66EB75
Attachment A - Scope of Work
1.1 General Requirements/Background Information
A. The Contractor shall provide preventative maintenance and emergency
vactor service to the City's wastewater division, to include high pressure
jetting/cleaning and liquid/debris removal.
B. The wastewater division maintains 100+ lift stations and 6 wastewater treatment
plants at various locations throughout the city, as identified in Section 4- Work
Site Locations.
C. The Contractor shall provide labor (inclusive of round-trip travel),
parts/materials, equipment, and supervision necessary to perform the services.
D. Emergency service will be provided on an as needed basis, twenty-four (24)
hours a day, three hundred and sixty-five (365) days a year, including holidays.
1.2 Scope of Work
Preventative Maintenance
A. The Contractor shall perform preventative maintenance at various locations
throughout the City. The frequency of PM service for each location is outlined
in Section 4- Work Site Locations.
B. Preventative maintenance service will be performed Monday through Friday,
between 8:OOAM - 5:OOPM, excluding city holidays.
C. The Contractor shall remove floating debris from the surface of the wet wells
and basins, such as clarifiers, grit chambers, or digester chambers and haul
waste to the Greenwood Wastewater Treatment Plant drying beds, unless
otherwise directed.
D. The Contractor shall remove all liquids from wet wells and basins. "Clean"
liquids will be hauled and disposed of at the nearest designated manhole. Fat
soils and grease will be hauled to the Greenwood Wastewater Treatment Plant
drying beds, unless otherwise directed.
Emergency Service
A. Emergency service will be provided on an as needed basis, twenty-four (24)
hours a day, three hundred and sixty-five (365) days a year, including holidays.
B. The City will submit emergency service requests(s) via phone. The Contractor
shall respond to an emergency service request within 30 minutes of contact
and provide on-site response within one (1) hour of Contractor response.
C. In the event of adverse weather i.e., hurricane, storm, tornado, etc., the
Contractor shall be available and on-site within 24 hours post weather event.
Revised 1 1.30.20
DocuSign Envelope ID:7CB3EFE6-EBA7-423C-83E2-FC8C5D66EB75
D. The City reserves the right to use another contractor if response times are non-
compliant, or if the Contractor does not have sufficient resources, i.e., labor,
equipment.
E. In the rare instance that the City determines that an emergency service job
greatly exceeds the average/typical emergency, the City may authorize and
reimburse the Contractor for additional costs, i.e., equipment rental. The
Contractor must obtain City approval from the on-site plant operator prior to
procuring additional equipment for which it will seek reimbursement.
F. The Contractor shall provide preferential response for emergency services
requested by the City, over any non-contract customers.
1.3 Contractor Requirements
A. At a minimum, the Contractor shall be equipped with:
a. Three (3) positive displacement combination unit vacuum trucks
capable of jetting and extracting both liquids and debris, and decanting
liquids
b. 9-yard debris tank minimum
c. 1 " Jetting hose at 600' minimum
d. Connection tubes capable of extending 30' deep
e. Flexible hose capable of extending 100' out for vacuum service
B. The Contractor will check in and check out with the on-site Work Coordinator
before and after all authorized work is performed. The on-site operator must
authorize any after-hours work.
C. The Contractor shall have TCEQ approved Sewage Sludge Permit/Sticker(s).
Copies of permits for each truck must be submitted with the bid.
D. Upon completion of service, the Contractor shall provide a signed service
report and manifest/trip ticket to the on-site operator. The service report shall
include:
a. Date
b. Service address
c. Start and end time, and total hours (ea. signed by on-site City Rep)
d. The Contractor's service report must include a section to record the start
and end time with a signature box for City staff signature
e. Before and after pictures of wet well, basin, or other area that received
cleaning.
f. Description of service work
g. Names of crew members
h. Signature of onsite City operator
Revised 1 1.30.20
DocuSign Envelope ID:7CB3EFE6-EBA7-423C-83E2-FC8C5D66EB75
1.4 Work Site Locations
Lift Lift Station Address Frequency
Station # (Wet Wells)
1 Up River Rd. 12300 Up River Rd. Quarterly
2 Nueces Acres 11501 Haven Dr. Quarterly
3 Allison WWTP 4101 Allison Dr. Quarterly
4 Solar Estates 9201 Moonlight St. Quarterly
5 Clarkwood North 2001 Clarkwood Rd. Quarterly
6 Stillwell 8100 Stillwell Lane Quarterly
7 DeDietrich 150 McKenzie Rd. Quarterly
8 Northwest Crossing 1921 Oregon Trail Quarterly
9 Clarkwood South 1025 Clarkwood Rd. Quarterly
10 Lakes Northwest 3614 Perfection Lake Quarterly
11 Highway Nine 6724 Leopard St. Quarterly
12 Airport International Airport Quarterly
13 McBride 1200 McBride Lane Quarterly
14 Greenwood WWTP 6541 Greenwood Dr. Quarterly
15 Sacky 3200 Sacky St. Quarterly
16 Kostoryz 6261 Kostoryz Rd. Quarterly
17 Broadway WWTP 801 Resaca St. Quarterly
18 Wooldridge II 8001 Wooldridge Rd. Quarterly
19 Schanen 6102 Del Starr Dr. Quarterly
20 Weber's Glen 4051 Aaron Quarterly
21 Station 5 6528 S. Staples Quarterly
22 Buckingham 7101 S. Staples Quarterly
23 Cimarron 7401 Cimarron Quarterly
24 Airline 3302 Airline Quarterly
25 Oso WWTP #1 501 Nile Rd. Quarterl
26 Oso WWTP #2 501 Nile Rd. Quarterly
27 Perry Place Thompson Rd. Quarterly
28 Turtle Cove 9547 Blue Jay St. Quarterly
29 Flour Bluff 2326 Flour Bluff Dr. Quarterly
30 Waldron 610 Blossum Quarterly
31 Military & Jester 722 Jester St. Quarterly
32 Laguna Madre WWTP 201 Jester St. Quarterly
33 Laguna Shores 2902 Laguna Shores Rd. Quarterly
34 Whitecap WWTP 13409 Whitecap Blvd. Quarterly
35 Lake Padre South 14501 Whitecap Blvd. Quarterly
36 Leeward 14865 Running Light Dr. Quarterly
37 Wood River 4601 Spring Creek Dr. Quarterly
38 Sharpsburg 4412 Sharpsburg Rd. Quarterly
39 River Canyon 13842 River Ridge Dr. As Needed
40 Cynthia 5210 Cynthia St. As Needed
Revised 1 1.30.20
DocuSign Envelope ID:7CB3EFE6-EBA7-423C-83E2-FC8C5D66EB75
Lift Lift Station Address Frequency
Station # (Wet Wells)
41 Ramos 4810 Ramos As Needed
42 Highway 77 3386 County Road 52 As Needed
43 Levi County Jail 745 N.P.I.D. As Needed
44 Coastal Meadows 6868 Old Brownsville Rd. As Needed
45 Trojan 1901 Trojan Ave. As Needed
46 Lexington 5233 Lear St. As Needed
47 Rose Acres 2946 FM 763 As Needed
48 Charlie's Place 5505 McBride Ln. As Needed
49 NuecesBay 2100 Nueces Bay Blvd. As Needed
50 Rincon North "B" Rincon Ind. West of H.W. 181 As Needed
51 Rincon North "A" Rincon Ind. West of H.W. 181 As Needed
52 North Beach "B" 3002 Timon Blvd. As Needed
53 North Beach "C" 3818 Surfside As Needed
54 North Beach "D" 4320 Timon Blvd. As Needed
55 Brownlee 400 12th Street As Needed
56 Studebaker 300 Kinney Ave. As Needed
57 Peoples "T" Head Peoples St. "T" Head As Needed
58 Lawrence "T" Head 400 S. Shoreline Blvd. As Needed
59 Coopers Alley "L" Head 200 S. Shoreline Blvd. As Needed
60 Cole Park 1500 Ocean Drive As Needed
61 Bay Drive 7845 Bay Dr. As Needed
62 Oleander 2900 Ocean Dr. As Needed
63 Starry 7701 Starry As Needed
64 The Lakes 7335 Everhart Rd. As Needed
65 Kings Crossing 8401 Cimarron As Needed
66 TAMU-CC 6300 Ocean Dr. As Needed
67 Pelican Bay 1418 Ennis Joslin As Needed
68 Greenfields by the Bay 7310 Canadian Dr. As Needed
69 Anchor Harbor 8102 S.P.I.D. As Needed
70 Wal-Mart 9441 S.P.I.D. As Needed
71 Rhetta Place 2442 Vialoux As Needed
72 Purdue 630 Purdue As Needed
73 Gateway Park 1 143 Laguna Shores As Needed
74 Riviera 138 Riviera As Needed
75 Rex 4046 Whitley As Needed
76 Kennedy Causeway 13301 S.P.I.D. As Needed
77 Seahorse 14300 Dorsel St. As Needed
78 Swordfish 14500 Swordfish St. As Needed
79 Jackfish 14124 Jackfish St. As Needed
80 Verdemar 14501 Verdemar St. As Needed
81 Park Road 53 1 1 125 Park Road 53 As Needed
Revised 1 1.30.20
DocuSign Envelope ID:7CB3EFE6-EBA7-423C-83E2-FC8C5D66EB75
82 Tesoro 13618 Port Royal Ct. As Needed
Lift Lift Station Address Frequency
Station # Wet Wells
83 Aquarius 15000 Aquarius St. As Needed
84 Cumana 15600 Cumana St. As Needed
85 Coquina Bay 13921 Sea Pines Blvd. As Needed
86 Sea Pines 14192 Sea Pines Blvd. As Needed
87 Gypsy 15601 Gypsy St. As Needed
88 JFK Causeway II 13317 S.P.I.D. As Needed
89 West Point Crossing 5605 Old Brownsville Rd. As Needed
90 Everhart/Staples 780 Everhart Rd. As Needed
91 Country Club 6300 Everhart Rd. As Needed
92 Wooldridge 6610 Wooldridge Rd. As Needed
93 Williams 6602 Williams Dr. As Needed
94 Padre Island Section 4 14201 Whitecap Blvd. As Needed
95 Morgan/Brownlee 810 N. Brownlee Blvd. As Needed
96 Everhart/Staples 780 Everhart Rd. As Needed
97 Country Club 6300 Everhart Rd. As Needed
98 Wooldridge 6610 Wooldridge Rd. As Needed
99 Williams 6602 Williams Dr. As Needed
100 Sugar Tree 8050 S.P.I.D. As Needed
101 Arcadia 2221 S. Staples St. As Needed
102 Port/Pearse Port/Pearse As Needed
WWTP # WW Treatment Plant Address Frequency
(Wet Wells)
1 Broadway 801 Resaca St. As Needed
2 Oso 501 Nile Rd. As Needed
3 Greenwood 6541 Greenwood Dr. As Needed
4 Allison 4101 Allison Dr. As Needed
5 Laguna Madre 201 Jester St. As Needed
6 Whitecap 13409 Whitecap Blvd. As Needed
WWTP # WW Treatment Plant Address Qty Frequency
Clarifiers/Basins
1 Broadway 801 Resaca St. 2 Annual
2 Oso 501 Nile Rd. 8 Annual
3 Greenwood 6541 Greenwood Dr. 6 Annual
4 Allison 4101 Allison Dr. 2 Annual
5 Laguna Madre 201 Jester St. 2 Annual
6 Whitecap 13409 Whitecap Blvd. 2 Annual
Revised 1 1.30.20
DocuSign Envelope ID:7CB3EFE6-EBA7-423C-83E2-FC8C5D66EB75
1.5 Invoicing
A. All work will be invoiced and paid based on Attachment B - Schedule of
Pricing.
B. The Contractor shall submit invoices and a copy of the signed service report
electronically to UtilitiesDept@cctexas.com and a hard copy to City of Corpus
Christi - Accounts Payable, Utilities Department, P.O. Box 9277, Corpus Christi,
TX 78469-9277.
C. Invoices submitted without the signed service report will not be processed for
payment until the Contractor provides the required information.
D. All invoices shall provide detailed information, including:
1 . Service Agreement No
2. PO Number
3. Service Address
4. Description of service work
5. Itemized list of charges, including qty of hours, labor rate, etc.
6. Third party invoices,(no mark-up) i.e., Equipment rental, if pre-approved
1.6 Contractor Quality Control and Superintendence
The Contractor shall establish and maintain a complete Quality Control Program
that is acceptable to the Contract Administrator to assure that the requirements of
the Contract are provided as specified. The Contractor will also provide
supervision of the work to ensure it complies with the contract requirements.
Revised 1 1.30.20
DocuSign Envelope ID:7CB3EFE6-EBA7-423C-83E2-FC8C5D66EB75 -it B - Bid/Pricing Schedule
se
o� CITY OF CORPUS CHRISTI
H CONTRACTS AND PROCUREMENT
v BID FORM
yaaPORp,o RFB No.3978
1852 Preventative and Emergency Vactor Service
PAGE 1 OF 2
Date: 01/04/2022
Authorized
Bidder: ADK ENVIRONMENTAL, INC. Signature: G�ZS�V�. /y�1j
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.
Invitation to quote, FOB Destination, Freight Included, on the following:
DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE
Labor
Regular Hours (M-F 8:OOAM-5:OOPM)
For Preventative Maintenance & HR 1 ,520 $ 150.00 $ 228,000.00
Emergency
Labor
After Hours (S:OOPM-B:OOAM, to
include holidays) HR 300 $ 180.00 $ 54,000.00
For Emergency Service
Miscellaneous Equipment
Emergency Allowance EA 1 $15,000.00 $15,000.00
*Requires City Approval
TOTAL $ 297,000.00
DocuSign Envelope ID:7CB3EFE6-EBA7-423C-83E2-FC8C5D66EB75
DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE
Labor
Regular Hours (M-F 8:OOAM-5:OOPM)
For Preventative Maintenance & HR 1 ,520 $ 160.00 $ 243,200.00
Emergency
Labor
After Hours (5:OOPM-8:OOAM, to
include holidays) HR 300 $ 192.00 $ 57,600.00
For Emergency Service
Miscellaneous Equipment
Emergency Allowance EA 1 $15,000.00 $15,000.00
*Requires City Approval
TOTAL $ 315,800.00
DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE
Labor
Regular Hours (M-F 8:OOAM-5:OOPM)
For Preventative Maintenance & HR 1 ,520 $ 165.00 $ 250,800.00
Emergency
Labor
After Hours (5:OOPM-8:OOAM, to
include holidays) HR 300 $ 198.00 $ 59,400.00
For Emergency Service
Miscellaneous Equipment
Emergency Allowance EA 1 $15,000.00 $15,000.00
*Requires City Approval
TOTAL $ 325,200.00
DocuSign Envelope ID:7CB3EFE6-EBA7-423C-83E2-FC8C5D66EB75
Attachment C- Insurance Requirements
CONTRACTOR'S LIABILITY INSURANCE
1 . Contractor must not commence work under this agreement until all insurance
required herein has been obtained and approved by the City's Risk Manager
or designee. Contractor must not allow any subcontractor to commence work
until all similar insurance required of the subcontractor has been so obtained.
2. Contractor must furnish to the City's Risk Manager and Contract Administrator,
one (1 ) copy of Certificates of Insurance with applicable policy endorsements
showing the following minimum coverage by an insurance company(s)
acceptable to the City's Risk Manager. The City must be listed as an additional
insured for the General Liability and Auto Liability policies by endorsement, and
a waiver of subrogation endorsement is required on GL, AL and WC if
applicable. Endorsements must be provided with Certificate of Insurance.
Project name and/or number must be listed in Description Box of Certificate of
Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
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
AUTO LIABILITY (including) $500,000 Combined Single Limit
1 . Owned
2. Hired & 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)
3. In the event of accidents of any kind related to this project, Consultant must
furnish the Risk Manager with copies of all reports of such accidents within 10
days of the accident.
Revised 1 1.30.20
DocuSign Envelope ID:7CB3EFE6-EBA7-423C-83E2-FC8C5D66EB75
Additional Requirements -
1 . Applicable for paid employees, Contractor must obtain workers'
compensation coverage through a licensed insurance company. The
coverage must be written on a policy and endorsements approved by the
Texas Department of Insurance. The workers' compensation coverage
provided must be in an amount sufficient to assure that all workers'
compensation obligations incurred by the Contractor will be promptly met. An
All States endorsement shall be required if consultant is not domiciled in the
State of Texas.
2. Contractor shall obtain and maintain in full force and effect for the duration of
this Contract, and any extension hereof, at Contractor's sole expense,
insurance coverage written on an occurrence basis, by companies authorized
and admitted to do business in the State of Texas and with an A.M. Best's rating
of no less than A- VII.
3. Contractor shall be required to submit replacement Certificate of Insurance to
City at the address provided below within 10 days of any change made by the
Contractor or as requested by the City. 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 Management
P.O. Box 9277
Corpus Christi, TX 78469-9277
4. Contractor agrees that with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following
required provisions:
■ List the City and its officers, officials, employees, and volunteers, as additional
insureds by endorsement with regard to operations, completed operations
and activities of or on behalf of the named insured performed under
contract with the City, with the exception of the workers' compensation
policy.
■ Provide for an endorsement that the "other insurance" clause shall not apply
to the City of Corpus Christi where the City is an additional insured shown on
the policy;
■ Workers' compensation and employers' liability policies will provide a waiver
of subrogation in favor of the City; and
Revised 1 1.30.20
DocuSign Envelope ID:7CB3EFE6-EBA7-423C-83E2-FC8C5D66EB75
■ 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 ten calendar days advance written notice for nonpayment of
premium.
5. Within five calendar days of a cancellation, non-renewal, material change or
termination of coverage, Contractor shall provide a replacement Certificate
of Insurance and applicable endorsements to City. City shall have the option
to suspend Contractor's performance should there be a lapse in coverage at
any time during this contract. Failure to provide and to maintain the required
insurance shall constitute a material breach of this contract.
6. In addition to any other remedies the City may have upon Contractor's failure
to provide and maintain any insurance or policy endorsements to the extent
and within the time herein required, the City shall have the right to order
Contractor to stop work hereunder, and/or withhold any payment(s) which
become due to Consultant hereunder until Contractor demonstrates
compliance with the requirements hereof.
7. Nothing herein contained shall be construed as limiting in any way the extent
to which Contractor may be held responsible for payments of damages to
persons or property resulting from Contractor's or its subcontractor's
performance of the work covered under this contract.
8. It is agreed that Contractor's insurance shall be deemed primary and non-
contributory with respect to any insurance or self-insurance carried by the City
of Corpus Christi for liability arising out of operations under this contract.
9. 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
05/10/2021 Risk Management - Legal Dept.
Revised 1 1.30.20
DocuSign Envelope ID:7CB3EFE6-EBA7-423C-83E2-FC8C5D66EB75
Attachment C - Bond Requirements
"No bonds required for this Agreement."
DocuSign Envelope ID:7CB3EFE6-EBA7-423C-83E2-FC8C5D66EB75
Attachment D - Warranty Requirements
"No manufacturer's warranty required for this Agreement."
DocuSign Envelope ID:7CB3EFE6-EBA7-423C-83E2-FC8C5D66EB75
ATTACHMENT E
WASTEWATER CONSENT DECREE
Special Conditions
Special Project procedures are required from the CONTRACTOR as specified herein. The
CONTRACTOR shall implement and maintain these procedures at the appropriate time,
prior to and during performance of the work.
The following special conditions and requirements shall apply to the Project:
I. Consent Decree Notice Provision—The City of Corpus Christi ("City"), the United
States of America and the State of Texas have entered into a Consent Decree in 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 copy of the Consent Decree is available at
https://www-cd n.cctexas.com/sites/default/files/CC-Consent-Decree.Pdf
By signature of the Contract, CONTRACTOR acknowledges receipt of the Consent Decree.
II. Performance of work. CONTRACTOR agrees that any work under this Contract is
conditioned upon CONTRACTOR's performance of the Work in conformity with the
terms of the Consent Decree. All Work shall be performed in accordance with the Design
Criteria for Wastewater Systems under Title 30 Chapter 217 of the Texas Administrative
Code, 30 Tex. Admin. Code Ch. 217, and using sound engineering practices to ensure
that construction, management, operation and maintenance of the Sewer Collection
System complies with the Clean Water Act. Work performed pursuant to this contract
is work that the City is required to perform pursuant to the terms of the Consent Decree.
In the event of any conflict between the terms and provisions of this Consent Decree
and any other terms and provisions of this Contract or the Contract Documents, the terms
and provisions of this Consent Decree shall prevail.
III. Retention of documents — CONTRACTOR shall retain and preserve all non-
identical copies of all documents, reports, research, analytical or other data, records or other
information of any kind or character (including documents, records, or other information
in electronic form) in its or its sub-contractors' or agents' possession or control, or that
come into its or its sub-contractors' or agents' possession or control, and that relate in
any manner to this contract, or the performance of any work described in this contract
(the "Information"). This retention requirement shall apply regardless of any contrary
DocuSign Envelope ID:7CB3EFE6-EBA7-423C-83E2-FC8C5D66EB75
city, corporate or institutional policy or procedure. CONTRACTOR, CONTRACTOR's
sub-contractors and agents shall retain and shall not destroy any of the Information until
five years after the termination of the Consent Decree and with prior written authorization
from the City Attorney. CONTRACTOR shall provide the City with copies of any
documents, reports, analytical data, or other information required to be maintained at any
time upon request from the City.
IV. Liability for stipulated penalties — Article I X of the Consent Decree provides
that the United States of America, the United States Environmental Protection Agency
and the State of Texas may assess stipulated penalties including interest against the City
upon the occurrence of certain events. To the extent that CONTRACTOR or
CONTRACTOR's agents or sub-contractors cause or contribute to, in whole or in part, the
assessment of any stipulated penalty against the City, CONTRACTOR agrees that it shall
pay to City the full amount of any stipulated penalty assessed against and paid by City that
is caused or contributed to in whole or in part by any action, failure to act, or failure to act
within the time required by any provision of this contract. CONTRACTOR shall also pay
to City all costs, attorney fees, expert witness fees and all other fees and expenses
incurred by City in connection with the assessment or payment of any such stipulated
penalties, or in contesting the assessment or payment of any such stipulated penalties.
In addition to any and all other remedies to which City may be entitled at law or in
equity, CONTRACTOR expressly authorizes City to withhold all amounts assessed
and paid as stipulated penalties, and all associated costs, fees, or expenses from any
amount unpaid to CONTRACTOR under the terms of this contract, or from any retainage
provided in the contract.
0
H
V
CORPORI AGENDA MEMORANDUM
1852 Action Item for the City Council Meeting February 22, 2022
DATE: February 22, 2022
TO: Peter Zanoni, City Manager
FROM: Charles Mendoza, Director of Asset Management
CharlesM2(a)cctexas.com
(361) 826-1941
Josh Chronley, Assistant Director of Finance-Procurement
Josh C2(o)cctexas.com
(361) 826-3169
Combined 34 Vehicles and Equipment Procurement
CAPTION:
Resolution authorizing the acquisition of 34 vehicles and equipment by various departments, of
which 19 items will be outright purchases and 15 items will be lease-purchased through
JPMorgan, for a total amount of $4,549,548.48, with such items to be acquired in the manner, at
the amounts, and from the sources stated with FY 2022 funding in the amount of $1 ,192,864.35.
SUMMARY:
Resolution authorizes the acquisition of a total of 34 vehicles and equipment by various
departments. All 34 units are purchased through BuyBoard, HGAC, Omni Partners and
Sourcewell cooperatives with 19 units outright purchases and 15 units will be lease purchases.
BACKGROUND AND FINDINGS:
Airport is authorized to acquire by purchase two Club Car Trucksters from Corpus Christi Golf
Cars of Corpus Christi, Texas for a total amount of $27,079.70 with FY 2022 funding from the
Fleet Equipment Replacement Fund. The Club Cars identified in this section are to be acquired
through the Omnia Partners Cooperative.
Asset Management - Fleet and Facilities are authorized to acquire by purchase one Genie Trailer
Mounted Boom from Briggs Equipment from Corpus Christ, Texas for a total amount of
$61 ,577.00 with FY 2022 funding from the Facility & Property Mg Fund, and one Grasshopper 72"
Mower from Moridge Manufacturing Inc. of Moundridge, Kansas, for a total amount of$21 ,004.25,
with FY 2022 funding from the Fleet Equipment Replacement Fund. The units identified in this
section will be acquired through the BuyBoard Cooperative.
Gas Department is authorized to acquire by purchase, (i) two E20 T4 ZTS Compact Excavators
from Bobcat of Corpus Christi of Corpus Christi, Texas for $55,924.08 with FY 2022 funding from
the Fleet Equipment Replacement Fund. (ii) one RT45B Ditch Trencher from Ditch Witch dba The
Charles Machine Works of Perry, Oklahoma for $64,135.39 with FY 2022 funding from the Fleet
Equipment Replacement Fund. The units identified in (i) will be acquired through the BuyBoard
cooperative and (ii) through the Sourcewell Cooperative.
Parks and Rec Department is authorized to acquire by purchase three L1500 Club Car Trucksters
and one L1700 Club Car Truckster from Corpus Christi Golf Cars for a total amount of$63,820.05
with FY 2022 funding from the Fleet Equipment Replacement Fund. The Club Cars identified in
this section are to be acquired through the Omnia Partners Cooperative.
Public Works is authorized to acquire by lease-purchase, via JP Morgan, (i) six CPS 32' End
Dump Trailer from Pavelka Truck and Trailer Sales of Robstown, Texas for a total of$374,134.32
with funding from the Storm Water Fund. (ii) two John Deer 3000 Excavator from Doggett of
Corpus Christi, Texas for a total of $988,169.25, with funding from the Storm Water Fund. Items
listed (i) will be acquired through HGACBuy purchasing cooperative and Items listed (ii) will be
acquired through the Sourcewell Cooperative.
Solid Waste Services Department is authorized to acquire by lease-purchase, via JP Morgan, (i)
four Mack LR64 McNelius Garbage Trucks from Buckner Truck Sales, Inc. Wichita Falls, Texas,
for a total amount of$1,520,335.06, with FY 2022 funding from the General Fund. (ii)one Backhus
A65 Windrow Turner from Ecoverse Industries, Ltd. of Avon, Ohio for a total amount of
$739,857.57 with FY 2022 funding from the General Fund. (iv) two Mack Moving Floor Trailers
from BTE Body Co. Inc. of Irving, Texas, for a total amount of $250,592.01 with FY 2022 funding
from the General Fund. (iii) Solid Waste Services Department is authorized to acquire by purchase
one Mack Moving Floor Trailer from BTE Body Co. Inc. of Irving, Texas, for a total amount of
$114,792.00 with FY 2022 funding from the Fleet Equipment Replacement Fund. Items listed (i)
& (ii) will be acquired through HGACBuy cooperative, items (iii) & (iv) through the BuyBoard
cooperative.
Utilities Department is authorized to acquire by purchase (i) one Atlas Copco Trailer Mounted
Portable Generator from ROMCO Equipment Co. of Corpus Christi, Texas, for $66,830.00 with
funding from the Fleet Equipment Replacement Fund; (ii) one Club Car Truckster from Corpus
Christi Golf Cars of Corpus Christi, Texas for a total amount of $15,131 .05 with FY 2022 funding
from the Fleet Equipment Replacement Fund.; (iii) two Genie TZ 50 Trailer Mounted Boom, from
Briggs Equipment of Corpus Christi, Texas, for $123,154.00 with FY 2022 funding from the Fleet
Equipment Replacement Fund; (iv) three Grasshopper 72" Mowers from Moridge Manufacturing
Inc. of Moundridge, Kansas, for a total amount of$63,012.75, with FY 2022 funding from the Fleet
Equipment Replacement Fund. Items (i) identified in this section are to be acquired through
Sourcewell purchasing cooperative; item (ii) is to be acquired through the Omnia Partners
purchasing cooperative; and item (iii & iv) are to be acquired through the BuyBoard purchasing
cooperative.
PROCUREMENT DETAIL:
This procurement is through the BuyBoard purchasing cooperative ("BuyBoard"), Omnia Partners,
HGACBuy Cooperative, Sourcewell, and GoodBuy purchasing cooperative ("GoodBuy").
Contracts awarded through the above-mentioned cooperatives have been competitively procured
in compliance with Texas local and State procurement requirements.
Procurement staff have modified their business practices and taken a pro-active approach to our
vehicle procurement process and used all resources available to ensure vehicles and equipment
can be sourced and delivered in a timely manner using economically favorable methods. The FY
2022 budget includes 373 new and replacement vehicles and equipment. The approval of this
item represents a total of 72% or 269 units procured to-date for FY 2022.
ALTERNATIVES:
The alternative would be to continue using current units that are beyond their expected service
lives. This would increase the cost of repairs and loss of productive man-hours due to more
frequent maintenance issues.
FISCAL IMPACT:
The FY 2022 fiscal impact of these purchases total $1 ,192,864.35 funded by various department
funds. The remaining balance of $3,356,684.13 for the lease purchase items will be funded
through the annual budget process. The interest rate for the lease purchased items is between
3.25% to 3.50% for a total cost of $316,032.88, and a term of 60 months.
FUNDING DETAIL:
Various
RECOMMENDATION:
Staff recommends approval of this item as presented.
LIST OF SUPPORTING DOCUMENTS:
Exhibit 1 Spreadsheet
Exhibit 2 Spreadsheet
Resolution
Resolution authorizing the acquisition of 34 vehicles and equipment by
various departments, of which 19 items will be outright purchases and 15
items will be lease-purchased through JPMorgan, for a total amount of
$4,549,548.48, with such items to be acquired in the manner, at the amounts,
and from the sources stated with FY 2022 funding in the amount of
$1,192,864.35.
WHEREAS, various City departments need to acquire both new and replacement fleet
vehicles and equipment via direct purchase or a lease-purchase; and
WHEREAS, such acquisitions are to be sourced from the purchasing cooperatives
specified, at the amounts stated, and from the fund accounts identified in this resolution.
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 these procurements.
Section 2. The Aviation Department is authorized to acquire by purchase two Club Car
Trucksters from Corpus Christi Golf Cars ("CC Golf') of Corpus Christi for a total of $27,079.70,
with fiscal year 2021-2022 ("FY 2022") funding from the Fleet Equipment Replacement Fund.
The items will be acquired through the OMNIA Partners Cooperative ("Omnia").
Section 3. The Asset Management Department, for the Fleet and Facilities Division, is
authorized to acquire by purchase one Genie trailer-mounted boom from Briggs Equipment
("Briggs") of Corpus Christi for $61 ,577.00, with FY 2022 funding from the Facility & Property
Management Fund, and to acquire by purchase one Grasshopper 72" mower from Moridge
Manufacturing, Inc. ("Moridge"), of Moundridge, Kansas, for $21 ,004.25, with FY 2022 funding
from the Fleet Equipment Replacement Fund. The items will be acquired through the Local
Government Purchasing Cooperative dba BuyBoard ("BuyBoard").
Section 4. The Gas Department is authorized to acquire by purchase: (i) two E20 T4 ZTS
compact excavators from Bobcat of Corpus Christi for a total of $55,924.08 and (ii) one RT45B
Ditch Trencher from Ditch Witch dba The Charles Machine Works of Perry, Oklahoma, for
$64,135.39, with all items identified in this section to be purchased with FY 2022 funding from
the Fleet Equipment Replacement Fund. The items in subpart (i) will be acquired through
BuyBoard, and the item in subpart (ii) will be acquired through the Sourcewell purchasing
cooperative ("Sourcewell").
Section 5. The Parks and Recreation Department is authorized to acquire by purchase three
L1500 Club Car Trucksters and one L1700 Club Car Truckster from CC Golf for a total of
$63,820.05, with FY 2022 funding from the Fleet Equipment Replacement Fund. The items will
be acquired through Omnia.
Section 6. The Public Works Department is authorized to acquire by lease-purchase, via JP
Morgan, (i) six CPS 32' end-dump trailers from Pavelka Truck and Trailer Sales of Robstown
for a total of $374,134.32 and (ii) two John Deer 3000 excavators from Doggett Heavy
Machinery Services of Corpus Christi for a total of $988,169.25, with all items identified in this
Page 1 of 3
section to be lease-purchased with FY 2022 funding from the Storm Water Fund. The items in
subpart (i) will be acquired through the Houston-Galveston Area Council ("HGAC") purchasing
cooperative, and the items in subpart (ii) will be acquired through Sourcewell.
Section 7. The Solid Waste Services Department is authorized to acquire by lease-purchase,
via JP Morgan, (i) four Mack LR64 McNelius garbage trucks from Bruckner Truck Sales, Inc., of
Wichita Falls, Texas, for a total of$1 ,520,335.06, with FY 2022 funding from the General Fund,
(ii) one Backhus A65 windrow turner from Ecoverse Industries, Ltd., of Avon, Ohio, for
$739,857.57, with FY 2022 funding from the General Fund, and (iii) two Mack moving floor
manlift trailers from BTE Body Co., Inc. ("BTE"), of Irving, Texas, for a total of $250,592.01 , with
FY 2022 funding from the General Fund; and is additionally authorized to acquire by purchase
(iv) one Mack moving floor manlift trailer from BTE for $114,792.00, with FY 2022 funding from
Fleet Equipment Replacement Fund. Items in subparts (i) and (ii) will be acquired through
HGAC, and items in subparts (iii) and (iv) will be acquired through BuyBoard.
Section 8. The Utilities Department is authorized to acquire by purchase (i) one Atlas Copco
trailer-mounted portable generator from ROMCO Equipment Co. of Corpus Christi for
$66,830.00, (ii)one Club Car Truckster from CC Golf for$15,131 .05, (iii)two Genie TZ 50 trailer-
mounted booms from Briggs for a total of $123,154.00, and (iv) three Grasshopper 72" mowers
from Moridge for a total of $63,012.75, with all items identified in this section to be purchased
with FY 2022 funding from the Fleet Equipment Replacement Fund. The item in subpart (i) will
be acquired through Sourcewell, the item in subpart (ii) will be acquired through Omnia, and the
items in subpart (iii) and (iv) will be acquired through BuyBoard.
Section 9. The City Manager, or his designee, is authorized to execute all documents necessary
to acquire the vehicles and equipment enumerated in this resolution in a total amount not to
exceed $4,549,548.48 and in the manner, from the fund accounts, and through the purchasing
cooperatives identified in the previous sections of this resolution.
PASSED AND APPROVED on the day of , 2022
Paulette M. Guajardo
Roland Barrera
Gil Hernandez
Michael Hunter
Billy Lerma
John Martinez
Ben Molina
Page 2 of 3
Mike Pusley
Greg Smith
ATTEST:
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
Page 3 of 3
Exhibit I
Vehicles and Equipment List for February22nd Council Agenda
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NCCRPORF E
X852 AGENDA MEMORANDUM
Action Item for the City Council Meeting of February 22, 2022
DATE: February 22, 2022
TO: Peter Zanoni, City Manager
FROM: Jeff H. Edmonds, P. E., Director of Engineering Services
6effreye(a)-cctexas.com
(361) 826-3851
Gabriel Ramirez, Interim Director of Water Utilities
gabrielr(a)cctexas.com
(361) 826-1202
Heather Hurlbert, CPA, CFGO, Director of Finance & Procurement
heatherh3(a)cctexas.com
(361) 826-3227
Professional Services Contract Amendment
Greenwood Wastewater Treatment Plant Dissolved Air Flotation Unit
Rehabilitation & Odor Control
CAPTION:
Motion authorizing Amendment No. 3 to a professional services contract with Hazen and Sawyer,
Corpus Christi, TX, to provide design, bid, and construction phase services for the Greenwood
Wastewater Treatment Plant Dissolved Air Flotation Unit Rehabilitation & Odor Control in an
amount of $3,214,130 for a total contract value not to exceed $3,875,930, located in Council
District 3, with FY 2022 funding available from Wastewater Capital Fund.
SUMMARY:
This motion authorizes approval of Amendment No. 3 to a professional services contract for
design, bid, and construction phase services for improvements to Greenwood Wastewater
Treatment Plant Dissolved Air Flotation Unit Rehabilitation & Odor Control.
BACKGROUND AND PURPOSE:
The Greenwood Wastewater Treatment Plant (WWTP) is one of the six WWTPs owned and
operated by the City of Corpus Christi (City). The Greenwood WWTP was originally constructed
in 1957 as a 3.0 million gallons per day(MGD) trickling filter plant with anaerobic digestion sludge
stabilization. In 1990 and 1998, major expansion did away with the trickling filters and increased
the average annual daily flow (AADF) capacity to 8.0 MGD with a 24 MGD peak 2-hour flow
(P2HF). The treatment process was converted from anaerobic digestion sludge stabilization to
the "complex-mix' mode of the activated sludge process.
On May 23, 2017, City Council passed a motion of direction to retain the Greenwood Treatment
Plant at its current location and make the necessary capital improvements to flood-proof the plant
and in compliance with Texas Commission on Environmental Quality (TCEQ) regulations.
Much of the infrastructure has been in service for 20-60 years. Previous major upgrades at the
Greenwood WWTP include the replacement of digester covers in 2006, headworks and grit
removal rehabilitation project, and electrical improvements to UV System anticipated to be
complete by June 2022. Several treatment units and structures are aging, resulting in numerous
unanticipated equipment failures, and making it more challenging to comply with current and
anticipated future permit requirements. In addition, the Greenwood WWTP site has flooded during
significant rain events and resulted in sanitary sewer overflows.
Hazen and Sawyer performed an Alternatives Assessment and Conceptual Design Report in July
2018 and submitted the report to the City in July 2020. The report addressed the upgrading/
replacement / repair of aging and deteriorated infrastructure and equipment. Additionally, the
report addresses odor and improvement of operational redundancy and reliability. This
amendment provides the design, bid, and construction phase services for the identified items:
• Site preparation
• Storm sewer and site drainage in areas of construction
• Repair or replacement of equipment in junction boxes
• New flow distribution structures
• New Waste Activated Sludge (WAS) wet well and WAS pumps
• New yard piping
• New aeration basin
• New blower building and blowers
• Upgrade to secondary clarifier (SC) No. 1 and 2 structures and replacement of
mechanisms
• New SC No. 3 and new return activated sludge (RAS) pump station
• New aeration basins effluent flow distribution channel
• Conversion of primary digester No. 2 and 3 to aerated WAS holding tanks
• New dewatering feed pump building
• New electrical building and miscellaneous electrical improvements
• Miscellaneous programable logic controller and instrumentation improvements
• Partial demolition of sludge drying beds for removal from the floodplain
• Rehabilitation of the existing aeration basins including aeration equipment
PROJECT TIMELINE
2022 - 2023 1 2023 - 2025
February - February M A M June - October
Design Bid/Award Construction
Projected schedule reflects City Council award in February 2022 with design completion in
February 2023. Construction is anticipated to begin in June 2023 with a duration of 28 months
and completion in October 2025.
COMPETITIVE SOLICITATION PROCESS:
Hazen and Sawyer was selected in October 2017 under RFQ 2017-03 for the Greenwood
Wastewater Treatment Plant Dissolved Air Flotation Unit Rehabilitation & Odor Control project,
which was one of three projects that were announced under the Wastewater CIP Projects
category of the RFQ. Ten firms submitted under the Wastewater CIP Projects category, and
Hazen and Sawyer were one of the ten qualified firms selected in the Wastewater CIP Projects
category.
The selection committee was comprised of representatives from the Utilities Department and
Engineering Services. The final evaluation ranked Hazen and Sawyer as the highest ranked firm
based on five factors: 1) firm's experience and qualifications, 2) experience and qualifications of
the project manager and key staff, 3) project approach and management plan, 4) capacity to meet
the project requirements and timelines, and 5) past performance.
Hazen and Sawyer have over 60 years of experience in wastewater planning, preliminary, and
detailed design services. Hazen and Sawyer have provided professional services for several City
projects. Some of the projects are Water and Wastewater On-Call Services, Water System
assessment and Optimization, ONSWTP Chlorine System Handling and Storage, and ONSWTP
Solids Handling and Storage.
ALTERNATIVES:
Not awarding the contract amendment for professional services to Hazen and Sawyer will delay
necessary improvements to Greenwood WWTP, create more costly maintenance in the future,
and may affect the ability to meet the operational and regulatory requirements. This could cause
TCEQ permit violations and fees.
FISCAL IMPACT:
The fiscal impact for FY 2022 is an amount of$3,214,130.00 with funding available from the
Wastewater Capital Fund.
FUNDING DETAIL:
Fund: WW 2023 CIP (Fund 4259)
Mission Elem: Wastewater Collection System (042)
Project: Greenwood Wastewater Treatment Plant Dissolved Air Flotation Unit
Rehabilitation & Odor Control (Project No. 18069A)
Account: Outside Consultants (550950)
Activity: 18069-A-4259-EXP
Amount: $3,214,130.00
RECOMMENDATION:
Staff recommends approval of the professional services amendment contract with Hazen and
Sawyer in the amount of $3,214,130.00 for the Greenwood Wastewater Treatment Plant
Dissolved Air Flotation Unit Rehabilitation & Odor Control. The design phase will begin in
February 2022 with design completion planned in February 2023. Construction is planned to start
in June 2023 with completion in October of 2025.
LIST OF SUPPORTING DOCUMENTS:
Location & Vicinity Maps
Contract
CIP Page
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PUS CHRISTI SHIP HAN
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PROJECT LOCATION
VICINITY MAP rr 28 -!I
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LOCATION MAP
NOT TO SCALE PROJECT NUMBER: 18069A
GREENWOOD WASTEWATER TREATMENT CITY COUNCIL EXHIBIT
PLANT DISSOLVED AIR FLOATATION UNIT CITY OF CORPUS CHRISTI.TEXAS
REHABILITATION AND ODOR CONTROL I DEPARTMENT OF ENGINEERING SERVICES .�... .�.
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NOTTOSCALE PROJECT NUMBER: 18065A
GREENWOOD WASTEWATER TREATMENT CITY COUNCIL EXHIBIT
PLANT DISSOLVED AIR FLOATATION UNIT CITY OF CORPUS CHRISTI,TEXAS
RAHBILITATION AND ODOR CONTROL DEPARTMENT OF ENGINEERING SERVICES
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Service Agreement No. 1623
41
CITY OF CORPUS CHRISTI
AMENDMENT NO. 3 to the
CONTRACT FOR PROFESSIONAL SERVICES
xsaa
The City of Corpus Christi, Texas, hereinafter called "CITY," and HAZEN AND SAWYER hereinafter
called "CONSULTANT," agree to the following amendment to the Contract for Professional Services for
Greenwood Wastewater Treatment Plant Dissolved Air Flotation Unit Rehabilitation and Odor
Control, (Project 18069A), as authorized and amended by:
Original Contract March 28, 2018 Administrative Approval $49,300.00
Amendment No. 1 June 28, 2018 Motion No. M2018-103 $612,500.00
Amendment no. 2 February 25, 2021 Administrative Approval $0.00
IN THE ORIGINAL CONTRACT, EXHIBIT A, SCOPE OF SERVICES, shall be modified as shown in the
attached Exhibit A.
IN THE ORIGINAL CONTRACT, COMPENSATION shall be modified as shown in the attached Exhibit
A for an additional fee not to exceed $3,214,130.00 for a total revised fee not to exceed $3,875,930.00.
All other terms and conditions of the March 28, 2018 contract between the "CITY" and "CONSULTANT'
and of any amendments to that contract which are not specifically addressed herein shall remain in full
force and effect.
CITY OF CORPUS CHRISTI HAZEN AND SAWYER
Jeff Edmonds, P.E. Date Chamindra Dassanayake, Ph.D., P.E. Date
Director of Engineering Services Vice President and Southwest Regional
Manager
8350 N. Central Expressway, Ste. 775
Dallas, Texas 75208
cdassanayake@hazenandsawyer.com
APPROVED AS TO FORM
Legal Department Date
AUTHORIZED
BY COUNCIL
Rebecca Huerta
City Secretary
Hazen and Sawyer
500 N.Shoreline,Suite 1102
HazenCorpus Christi,TX 78401 •361.500.0414
January 11,2022
Sandra Gomez,PE
Engineer IV
City of Corpus Christi
1201 Leopard Street
Corpus Christi,TX 78401
Re: Project 18069A,Amendment No.3,Greenwood WWTP DAFT Replacement, Odor Control
and Process Improvements—Design,Bidding and Construction Phase Services
Dear Ms. Gomez:
The purpose of this project is to design improvements at the City of Corpus Christi's Greenwood WWTP
in alignment with the 18069A Greenwood DAFT Replacement and Odor Control Alternatives
Assessment and Conceptual Design Report to address:
• Upgrading/Replacing/Repairing aging and deteriorated infrastructures and equipment
• Addressing odors
• Improving operational redundancy and reliability
Hazen and Sawyer will be responsible for the design of the following improvements:
• Site preparation
• Storm sewer and site drainage in areas of new construction
• Repair or replace equipment in junction boxes where needed
• New flow distribution structures
New Waste Activated Sludge (WAS)Wet Well and WAS pumps
• New yard piping including new yard piping to the drying beds from thickening building.
• New aeration basin
• New blower building and blowers
• Upgrades to Secondary Clarifier(SC)No. 1 and 2 structures and replacement of
mechanisms
• New SC No. 3 and new return activated sludge (RAS)pump station
New Aeration Basins Effluent Flow Distribution Channel
• Conversion of Primary Digester No. 2 and 3 to aerated WAS holding tanks
• New Aeration Blowers for WAS holding tanks with canopy
• New Dewatering Feed Pump Building
• One new electrical building (near existing Blower Building) and miscellaneous electrical
improvements
• Miscellaneous programable logic controller and instrumentation improvements
hazenandsawyer.com
Exhibit A
Page 1 of 19
Hazen Sandra Gomez,PE
January 11,2022
• Partial demolition of sludge drying beds for removal from the floodplain and to make room
for process units(removal of approximately 30 drying beds) and associated modification of
drying bed yard piping.
• Rehabilitation of the existing aeration basins including the aeration equipment
This contract amendment will include Design,Bidding, Construction and Additional Services for a total
amount of$3,214,130.
Very truly yours,
qI9.
Brandt Miller,PE
Senior Associate
Enclosure: Exhibit A: Scope of Services; Exhibit B: Summary of Fee
cc: Jiangang Deng, Chamindra Dassanayake, Logan Burton
Page 2 of 2
hazenandsawyer.com
Exhibit A
Page 2 of 19
EXHIBIT A
CONTRACT AMENDMENT NO. 3
SCOPE OF WORK
CITY OF CORPUS CHRISTI
Greenwood Wastewater Treatment Plant DAFT Replacement,
Odor Control and Process Improvements
CITY PROJECT NO. 18069A
January 11, 2022
PROJECT DESCRIPTION:
Condition of aging infrastructure in need of rehabilitation or replacement, nuisance odors,
and treatment reliability are drivers for the City of Corpus Christi (City) Greenwood
Wastewater Treatment Plant (WWTP) Improvements Project. Hazen and Sawyer(Hazen)
was retained by the City to evaluate alternatives, to address deficiencies at the existing
facilities, and to address all the drivers for this project(condition, odors and reliability). The
selected alternative includes converting the anaerobic digesters to aerated WAS holding
tanks, removing primary clarifiers from service, addressing the condition of infrastructure
for the 30-year planning period, and providing redundancy and reliability in the secondary
treatment process. The complete analysis is documented in the "18069A Greenwood
DAFT Replacement and Odor Control Alternatives Assessment and Conceptual Design
Report".
The purpose of this project is to design process improvements at the Greenwood WWTP
in alignment with the previous evaluation to address:
• Upgrading/Replacing/Repairing aging and deteriorated infrastructures and
equipment
• Addressing odors
• Improving operational redundancy and reliability
Hazen and Sawyer (ENGINEER) will be responsible for the design of the improvements.
The following improvements are included in this design package:
• Site preparation
• Storm sewer and site drainage in areas of new construction
• Repair or replace equipment in junction boxes where needed
• New flow distribution structures
• New Waste Activated Sludge (WAS) Wet Well and WAS pumps
• New yard piping including new yard piping to the drying beds from thickening
building.
• New aeration basin
• New blower building and blowers
• Upgrades to Secondary Clarifier (SC) No. 1 and 2 structures and replacement
of mechanisms
City Project No. E10144 Exhibit"A"
Page 1 of 17
Exhibit A
Page 3 of 19
• New SC No. 3 and new return activated sludge (RAS) pump station
• New Aeration Basins Effluent Flow Distribution Channel
• Conversion of Primary Digester No. 2 and 3 to aerated WAS holding tanks
• New Aeration Blowers for WAS holding tanks with canopy
• New Dewatering Feed Pump Building
• One new electrical building (near existing Blower Building) and miscellaneous
electrical improvements
• Miscellaneous programable logic controller and instrumentation improvements
• Partial demolition of sludge drying beds for removal from the floodplain and to
make room for process units (removal of approximately 30 drying beds) and
associated modification of drying bed yard piping.
• Rehabilitation of the existing aeration basins including the aeration equipment
Task 1: Alternatives Assessment and Conceptual Design Services for this project was
completed in March 2020. This task included preparation of the Alternative Assessment
and Conceptual Design Report, development of phased improvement options, considered
future expansion, site layout including space for expansion and provided planning level
capital cost estimates. The subsequent design will further develop the conceptual design
from Task 1.
This contract amendment will include design and construction services of improvements
outlines above
Task 2 —Preliminary Design Services
Task 3 - Design Services
Task 4 - Bid Services
Task 5: Construction Phase Services
Task 9: Additional Services
SCOPE OF SERVICES
1. Alternatives Assessment and Conceptual Design Services — COMPLETE
The alternatives assessment and conceptual design accomplished the following:
• Validated condition of existing assets and remaining useful life
• Development of a calibrated whole plant process model for alternatives assessment
and can be used for future analysis
• Determined flow projections and anticipated expansion timeline
• Filtered the multitude of process and solids handling technologies to the most feasible
and cost-effective alternatives.
• Developed more details analysis of feasible alternatives to improve accuracy of the
capital and life-cycle cost assessment for decision-making
• Completed a conceptual (10%) level design for the selected alternative including
phasing options for the City to consider beyond the initial improvements
Page 2 of 17
January 11, 2022
Exhibit A
Page 4 of 19
2. Preliminary Design Services
Preliminary design services will be developed for scope items described in the project
description above. The preliminary design services will develop upon the conceptual
design to a 30% level by supplementing the conceptual design report. The preliminary
design report will document initial improvements and discipline requirements that were not
addressed in detail during conceptual design.
2.1 Project Progress Meetings, Reporting, and Management
ENGINEER will coordinate the kick-off meeting progress meetings. These meetings shall
be used to coordinate ongoing issues, discuss project status and obtain input from the
City. ENGINEER will prepare meeting agendas prior to each meeting and shall prepare
draft meeting minutes after each meeting and will finalize and distribute meeting minutes
after review by the City's staff. ENGINEER will prepare monthly invoices with an activities
summary
Scope Item Assumptions:
• Meetings will be held at the Corpus Christi Utilities building
• Utilities and Engineering Services Staff will attend progress meetings.
• ENGINEER's staff working on the project remotely will attend virtually as
necessary
Meetings:
• One (1) two-hour kickoff meeting
• One(1) one-hour progress meeting with City staff for critical decisions prior
to submitting the 30% design
Deliverables:
• Meeting agenda, sign-in sheet, and meeting minutes
• Project invoicing and activities update
2.2 Project Schedule and Updates
ENGINEER will prepare a project schedule that summarizes all of the major tasks of the
project and the critical path of the project. ENGINEER will provide the updated project
schedule as needed if schedule changes.
Scope Item Assumptions:
• The City staff will provide feedback on project schedule.
Meetings:
• None.
Deliverables:
• One (1) project schedule at the kickoff meeting
Page 3 of 17
January 11, 2022
Exhibit A
Page 5 of 19
• Updated project schedule with monthly invoices
2.3 Geotechnical Investigation
ENGINEER will define scope and requirements for the geotechnical investigation, review,
and approve proposal from the geotechnical engineering firm. The ENGINEER will assist
the City in identifying the scope of additional geotechnical evaluations to be performed by
a geotechnical engineering firm under a separate contract. ENGINEER will review
geotechnical findings, request clarifications or additional information as needed to
complete the design.
Scope Item Assumptions:
• Effort does not account for ENGINEER to perform geotechnical
investigation.
• Geotechnical engineering firm selected by the City will perform
geotechnical investigation.
• City will provide geotechnical investigation report to ENGINEER.
Meetings:
• Two (2) one-hour phone conference calls with the geotechnical
engineering firm to review the project requirements and results.
Deliverables:
• Bore location exhibit
2.4 Preliminary Design
ENGINEER will further develop the conceptual design to 30% level of design development
of the Greenwood WWTP plant improvements detailed in the "18069A Greenwood
WWTP DAFT Replacement and Odor Control Alternatives Assessment and
Conceptual Design Report", refining the site layouts, and operating parameters. Design
documents and list of specifications will be prepared and submitted to the City with certain
disciplines advanced beyond others, to meet a 30% completion overall. ENGINEER will
prepare preliminary civil, process, mechanical, electrical, and instrumentation and control
drawings and present them in as a supplement to the conceptual design report. The
structural, architectural and HVAC/plumbing portions of the project will be described in the
preliminary engineering report with the design criteria defined. The Preliminary
Engineering Report will include the following:
• Summary of the final process, modifications to existing facilities, and the
major equipment functions included in the project. Unit sizing, unit
quantities, and redundancy will be addressed. The unit and equipment
sizing will be based on design criteria presented in the Conceptual Design
Report
• Process flow diagrams (PFD) and description of proposed facilities
• General facility arrangement layout drawings. These drawings will present
area requirements for process equipment, tanks, and support areas.
Page 4 of 17
January 11, 2022
Exhibit A
Page 6 of 19
• General civil site plan presenting the arrangement of the new facilities on
the site and major yard piping modifications.
• Description of construction for the structures that will house the new
equipment. General architectural features of the facility facade and
materials will be described.
• Construction sequencing and connections to existing facilities will be
established.
• Design criteria for heating and ventilating for all facility areas.
• Description of proposed fire protection systems for all facility areas.
• Preliminary instrumentation block diagram drawing presenting the general
instrumentation system architecture and philosophy for automatic and
manual controls.
• Description of the interface between the existing instrumentation system
and the proposed facilities, along with upgrades to the existing SCADA.
• Estimate of construction costs AACE Class 4 cost estimate.
• Schedule for permitting, final design, bidding and award, construction, and
start-up.
Scope Item Assumptions:
• The City staff will provide feedback to the ENGINEER on the Preliminary
Engineering Report and 30% design plans and list of specifications.
Meetings:
• One (1) two-hour meeting to review and confirm design assumptions in
Preliminary Engineering Report
Deliverables:
• Preliminary Engineering Report (PER) and 30% design drawings (PDF)
and list of specifications (PDF).
• Opinion of probable construction costs
• Project schedule
• Comment log with responses to City comments
2.5 30% QA / QC
ENGINEER will document internal Quality Assurance and Quality Control review
comments on the preliminary design layout drawings and specifications and Preliminary
Engineering Report. ENGINEER will address internal Quality Assurance and Quality
Control review comments.
Scope Item Assumptions:
• The ENGINEER will provide a Quality Assurance and Quality Control
review of Preliminary Engineering Report in accordance with Hazen
QA/QC standards.
Page 5 of 17
January 11, 2022
Exhibit A
Page 7 of 19
Meetings:
• None
Deliverables:
• QA/QC documentation upon request by the City
2.6 Preliminary Design Submittal Workshop
ENGINEER will lead Preliminary Design Submittal Workshop to discuss the Preliminary
Engineering Report. ENGINEER will display on large screen the Preliminary Engineering
Report document and go through it with City staff during the Design Submittal Workshop.
ENGINEER will incorporate comments from the City into the final Preliminary Engineering
Report, as detailed in 2.5 Preliminary Design.
Scope Item Assumptions:
• The City staff will provide comments to the ENGINEER on the Preliminary
Engineering Report.
• The City staff will attend the Preliminary Design Submittal Workshop
Meetings:
• One (1) four-hour Preliminary Design Submittal Workshop
Deliverables:
• Meeting agenda, sign-in sheet, and meeting minutes
3. Design Services
3.1 Project Progress Meetings and Minutes
ENGINEER will coordinate regular progress meetings. These meetings shall be used to
coordinate ongoing issues, discuss project status and obtain input from the City.
ENGINEER will prepare meeting agendas prior to each meeting and shall prepare draft
meeting minutes and will finalize and distribute meeting minutes after review by the City's
staff. The ENGINEER will prepare activity summaries to support monthly invoicing.
Scope Item Assumptions:
• Meetings will be held at the Corpus Christi Utilities building
• Utilities and Engineering Services Staff will attend progress meetings.
• ENGINEER's staff working on the project remotely will attend virtually, as
necessary.
Meetings:
• Two (2) two-hour progress meetings outside milestone review workshops
with Utility and Engineering Services staff
Deliverables:
• Meeting agenda, sign-in sheet, and meeting minutes
Page 6 of 17
January 11, 2022
Exhibit A
Page 8 of 19
• Project progress reporting and invoicing
3.2 Project Schedule and Updates
ENGINEER will prepare a project schedule that summarizes all the major tasks of the
project, provides proposed construction sequencing, and the critical path of the project.
ENGINEER will update the project schedule as the project progresses or changes occur.
Meetings:
• None.
Deliverables:
• Updated project schedule with each deliverable
3.3 60%, Pre-final (90%), and Final (100%) Design
The design will involve development of a set of contract documents, which will include
construction plans, details, specifications, and other documents to establish and depict
the size, character, and extent of the entire project with respect to architectural, structural,
site work, mechanical, instrumentation and electrical systems, and such other elements
as may be appropriate.
The contract plans will be prepared using 3D CAD software (Revit) for new facilities. 3D
models will be generated and used for design review workshops. 2D sheet files will be
created from the 3D models. Drawings such as civil discipline, electrical one lines and
panel schedules, P&IDs, existing facilities, etc. will be developed using AutoCAD 2D. As
part of the final design, the ENGINEER will develop contractual conditions and instructions
to bidders and will also update the project cost estimates and construction schedule, to
reflect the level of design completion.
As part of preparing the final design, the ENGINEER will conduct an internal
constructability review. This review will focus on the ease with which the facility can be
constructed at the selected site, be integrated with existing facilities, and avoid
interferences and other obstacles that could cause construction delays or difficulties while
maintaining plant operations. The ability to maintain existing facilities in service throughout
construction will also be examined as part of the constructability review.
Design documents will be submitted to the City at various stages during final design. The
following deliverables have been established for design, which will be provided at the 60%
and 90% design completion points, respectively:
Deliverables for 60% Design Completion
• Technical specifications
• Plans, sections and details for all disciplines
• Updated cost estimate and schedule
Deliverables for 90% Design Completion
• Updated front end items such as bid item descriptions, summary of work, etc.
• Updated Plans, Sections and details for all disciplines
Page 7 of 17
January 11, 2022
Exhibit A
Page 9 of 19
• Complete specifications
• Updated cost estimate and schedule
The 60% and 90% documents will be submitted to the City for approval. Upon receipt of
the City's comments on the 60% and Pre-final (90%) deliverables, the ENGINEER will
revise the set and issue Final, signed and sealed bid-ready (100% complete) documents.
Scope Item Assumptions:
• The City standard front end (general and supplemental conditions and
Division 1 specifications) documentation for inclusion into the contract
documents will be obtained from
https://www.cctexas.com/promo/standards-contracts
• The City staff will provide comments to the ENGINEER on the drawings
and specifications at each design milestone. Turnaround time on
comments is assumed to be no more than 3 weeks.
• The City staff will attend the 60%, 90% and Final submittal workshops.
• All permitting fees will be paid by the City
• It is assumed that there are no known hazardous waste contaminated
areas, wetlands, endangered species, or other environmentally sensitive
flora or fauna which may require additional efforts during design, permitting
or construction management.
• The City will obtain any necessary easements and rights-of-way. The City
will also obtain any necessary agreements to ensure power supply
increases are obtained in time for this project. The ENGINEER shall assist
the City with development of the agreement from a technical perspective.
• Submittals shall include one PDF electronic copy of entire bid set, one (1)
electronic copy of CAD files for final submittal only. No hard copies will be
provided unless expenses approved by the City under Additional Services.
• Prepare letter and design submittal package to TCEQ providing notification
for the recommended improvements to be performed at Greenwood
WWTP.
• Address TCEQ comments from the plan review process and incorporate
them into the contract documents.
Meetings:
• Included under Subtask 3.1.
Deliverables:
• 60% design review submittal
• 90% (pre-final) design review submittal
• 100% signed and sealed design submittal
• TCEQ design submittal letter and package for review (one submittal at
90%)
• Comment log with responses to City comments
Page 8 of 17
January 11, 2022
Exhibit A
Page 10 of 19
3.4 60%, 90%, and 100% QA / QC
ENGINEER will document internal Quality Assurance and Quality Control review
comments on the 60%, pre-final (90%), and 100% drawing and specifications. ENGINEER
will address internal Quality Assurance and Quality Control review comments.
Scope Item Assumptions:
• The ENGINEER will provide a Quality Assurance and Quality Control
review of all drawings and specifications in accordance with Hazen QA/QC
standards.
Deliverables:
• QA/QC log upon request by the City
3.5 60%, Pre-final (90%) and Final (100%) Design Workshops
ENGINEER will prepare a PowerPoint presentation and 3D model views for the 60%, Pre-
final (90%), and Final (100%) Design workshops. ENGINEER will prepare meeting
agendas prior to each meeting and prepare draft meeting minutes after each meeting.
ENGINEER will finalize and distribute meeting minutes after review by the City's staff.
ENGINEER will lead workshops to discuss the drawings and specifications. ENGINEER
will incorporate comments from the City into the 60%, Pre-final (90%), and Final (100%)
Design.
Scope Item Assumptions:
• The City staff will provide comments to the ENGINEER on the drawings
and specifications within 3 weeks after submission.
Meetings:
• One (1) four-hour 60% Design Review Workshop
• One (1) four-hour Pre-final (90%) Design Review Workshop
• One (1) two-hour Final (100%) Design Review Workshop
Deliverables:
• PowerPoint presentation for each of the Workshops
• Meeting agendas, sign-in sheets, and meeting minutes
4. Bid Services
The ENGINEER will provide necessary information to the OWNER to develop bid
documents. The ENGINEER will assist the City during the bid period by performing the
following tasks:
• Attend a Pre-Bid Meeting
• Respond to Bidder Inquiries
• Preparing of technical content for Addenda
• Review bids and bidder references for completeness, balance of bid items,
and responsiveness. ENGINEER will prepare a tabulation of bid prices.
Page 9 of 17
January 11, 2022
Exhibit A
Page 11 of 19
• Recommend contract award, based on the lowest responsive and
responsible bidder.
Scope Item Assumptions:
• The City will provide the City's updated standard and special provisions
and forms for required bid documents.
• The City will arrange for all documents and addenda to be distributed to
prospective bidders.
• The City will advertise the projects for bidding, maintain the list of
prospective bidders, receive and process deposits for all bid documents,
issue (with assistance of ENGINEER) any addenda, and conduct bid
opening.
• The ENGINEER will prepare and supply bid tabulation forms.
• The City will receive the ENGINEER's recommendation concerning bid
evaluation and recommendation and prepare agenda materials for the City
Council concerning bid awards.
• The City will prepare, review, and provide copies of the contract for
execution between the City and the Contractor.
• This Scope of Services does not include time for the ENGINEER to assist
the City in the event of bid protests.
• Production and distribution of bid documents to interested bidders will be
provided by the City.
Meetings:
• One (1) two-hour Pre-bid Meeting
• Two (2) one-hour meetings to discuss bids with the City
Deliverables:
• Bid Documents and Addenda
• Agenda and meeting minutes for pre-bid conference
• Bid Review Form and recommendation for contract award
5. Construction Phase Services
5.1 Engineering Services During Construction
The ENGINEER will assist the City during the construction phase, by providing the
following engineering services:
• Attend a pre-construction meeting with the City and the Contractor.
• Attend monthly progress meetings to update on construction progress with
City and prepare meeting minutes.
• Review and approve submittals and maintain the submittal log using
Procore.
• Provide interpretations and clarifications of the contract documents based
on the contractor's requests for information (RFIs) and review required
changes. Maintain RFI log using Procore.
Page 10 of 17
January 11, 2022
Exhibit A
Page 12 of 19
• Review contractor pricing for change order requests.
• Manage and review the O&M Manual deliverables required by construction
contracts and by equipment suppliers.
• Review the Contractor's requirement of providing electronic record
drawings.
• Make visits to the site of the project (monthly) to confer with the City project
inspector and contractor to observe the general progress and quality of
work.
• Make final inspections with the City Staff and provide the City with a letter
of substantial completion and letter of final completion for the project.
• Review construction "red-line" drawings, prepare record drawings of the
Project as constructed (from the "red-line" drawings, inspections and the
contractor provided plans) and deliver to the Engineering Services a
reproducible set and electronic file of the record drawings within two (2)
months of final acceptance of the project.
• The ENGINEER will provide monthly progress reports with invoices.
• The ENGINEER will maintain the punch-list of final construction items for
each discipline
Scope Item Assumptions:
• Expected construction duration is 28 months.
• City to arrange for a site inspector to continuously monitor the progress of
construction
• Total number of submittals is estimated at 200. Submittal review assumes
30% resubmittal (for a total of 260 submittal reviews).
• Number of RFIs is estimated at one per drawing.
• The City will process applications/ estimates for payments to Contractor.
The ENGINEER will review the pay applications and provide signature as
required.
• The City will conduct the substantial completion inspection and final
complete inspection with the ENGINEER.
• This task does not include resident project engineer, special inspection, or
shop/witness testing equipment.
Meetings:
• One (1) two-hour pre-construction meeting
• Twenty-eight (28) monthly progress meetings
• Twenty-eight (28) one-hour site visits (monthly and can be conducted
following monthly progress meetings).
• Two (2) two-hour punch list walkthrough meetings
• Procore software will be utilized for document management and response
logging
Deliverables:
• RFI responses, change order comments, submittal review dispositions.
Page 11 of 17
January 11, 2022
Exhibit A
Page 13 of 19
• Record Drawing files
• Meeting agenda, sign-in sheet, and meeting minutes
• Project progress reporting and invoicing
5.2 SCADA & Controls Integration Assistance
The ENGINEER shall provide assistance to the City and the Contractor to ensure the
appropriate control strategies are functioning properly prior to start up and commissioning.
The ENGINEER will perform the following:
• Assist the City in implementing the control strategies and assist Greenwood
WWTP staff with system integration. The control strategies will build on
the existing monitoring and control logic.
• Review PLC cutover checklist.
• Witnessing of signal loop testing including electrical and instrumentation
terminations.
• Coordination of new signals with existing SCADA system.
• Oversee process tuning during startup.
Scope Item Assumptions:
• None
Meetings:
• One (1) forty-hour site visits (full week) to test and/or troubleshoot control
strategies, signals, and SCADA operations
• Two (2) eight-hour site visits to coordinate PLC cutover checklist.
9. Additional Services
Additional services shall be authorized by the City in writing prior to commencing the Work.
9.1 Expense Allowance (Time and Materials to be authorized by project manager)
ENGINEER will request approval for project expenses such as staff travel (flights, hotel,
meals and transportation), reproduction of deliverables and any other expenses that may
arise directly related to delivery of the project or requested by the City.
9.2 Site Survey, Coordination and Subsurface Utility Engineering (Level A)
ENGINEER will review historical drawings and perform additional surveying activities to
obtain field data needed for design. The ENGINEER will also identify aboveground and
underground utilities to identify easements and conflicts.
Subsurface Utility Engineering (SUE) services are divided into four (4) levels (Level A
through Level D). Level A Services involve physically locating the utility by different
geophysical methods. ENGINEER will provide Level A SUE services. Once ENGINEER
locates the utility, ENGINEER will note its coordinates by survey measurements.
The purpose of performing Level A SUE services for the Greenwood WWTP Process
Improvements project is to ensure no conflicts occur between the proposed construction
Page 12 of 17
January 11, 2022
Exhibit A
Page 14 of 19
and existing utilities at the Greenwood WWTP. ENGINEER will coordinate the field
surveying to help locate subsurface utilities using geophysical methods in the proposed
construction area. ENGINEER will record the vertical and horizontal location, size, pipe
material and configuration of the utility line. ENGINEER will transfer the data obtained
from the field to update utility base maps and project design plans. ENGINEER will also
coordinate with the City regarding potential utility crossings and conflicts.
Subsurface Utility Location and Data Recording
• Coordinate with Texas 811 and City to determine the approximate location
of underground utilities to be exposed.
• Utilize Hydro Vac Methods to expose underground utilities and survey to
record exact horizontal and vertical location. Once the survey work is
complete, each SUE test hole will be backfilled.
• Collect and record field data.
Subsurface Utility Data Review and Coordination
• Review SUE field data obtained during on-site survey and utility location
• Update base maps and project construction plans with
• Coordinate with City during field survey and data management.
Assumptions
• SUE work is limited to a maximum of 3 days of field work at 8 hours per
day. If additional field work is anticipated, a supplemental contract will be
requested from the City.
• The City will provide the following:
o Staging area for equipment on site (Hydro Vac Unit(s), backfill trailer)
o Area for disposal of sludge waste (from Hydro Excavation)
o Area for excavated material to be left on site
o Access to on site water source equivalent to a fire hydrant
o Backfill material (for unpaved surfaces)
o Survey control points with a description of location and type of control
point
• The SUE level of effort is based on 10 locates or greater involving trenching
and hydro excavating to a depth of 10 feet.
• Hydro Vac method will be utilized for locating subsurface utilities. The
potholes will be temporarily barricaded. Once the work is complete, the
crew will backfill the utility potholes.
• In the event that work cannot be performed or is limited by inaccessibility
due to weather, City to provide means of accessibility (i.e. rig mats)
• Exclusions:
o Identifying exact point of underground utility intersection and/or elbows
and turns (this service can be performed at an additional cost if
requested by City).
Page 13 of 17
January 11, 2022
Exhibit A
Page 15 of 19
o Transfer of material directly into containers such as vacuum boxes or
related containers.
o Backfill limited to native material or sand.
Meetings:
• None.
Deliverables:
ENGINEER will provide the City with a report containing data obtained from field survey
along with exhibits showing subsurface utilities located in the field.
9.3 Conformed Documents
The Engineer shall incorporate all contract document changes resulting from addenda
during the Bid Phase and issue the construction conformed documents to the City.
Meeting:
• None.
Deliverables:
• Complete Conformed Contract Documents including one (1) electronic
copy of CAD files. Hard copy reproduction shall be approved by the City as
part of the project expenses allowance.
• Two sets of conformed plans and specifications delivered to Construction
Inspections (11x17)
9.4 Start-up Services
The ENGINEER shall monitor startup activities and participate during the startup phases
of the project. The ENGINEER shall perform the following:
• Review CONTRACTOR startup plan and make recommendations, as
necessary.
• Review CONTRACTOR's start-up checklist
• Observe the start-up testing and equipment troubleshooting.
• Confirm system operation baseline performance meets the specified
conditions.
• Develop an Operations and Maintenance Process Manual. The O&M
manual will be incorporated into the City's existing overall Greenwood
WWTP electronic O&M and will only address the new systems installed
under this contract. The electronic O&M will:
o Make sure the content is correct and current.
o Develop good interface aesthetics and graphics to provide a pleasing
user experience.
o Make the manual usable through attention to proper organization and
coherent navigation.
o Provide a system that can be easily modified and/or expanded.
Page 14 of 17
January 11, 2022
Exhibit A
Page 16 of 19
o Make technology decisions that allow for integration of new
technologies, without an excessive technology-maintenance burden on
the City.
o Contain links to vendor supplied O&M manuals for reference and
troubleshooting
o Be web-based to facilitate multiple users and allow for periodic updates
• Review and manage operations and maintenance manuals required under
the construction contract and provided by equipment suppliers
• VVT (Verification, Validation, and Testing) plan for the entire system
• Preparation of acceptance checklist and sign-off forms
• Quality Assurance and quality control of all contractor's start-up activities
and sequencing.
• Review CONTRACTOR's training plan and instruction materials for
compliance with the Contract Documents
Scope Item Assumptions:
• Contractor is responsible for preparing, testing, and cleaning equipment
prior to start-up as detailed in the project specifications.
• CONTRACTOR to maintain start-up checklist
• One (1) start-up phases included in construction contract
Meetings:
• Five (5) eight hour (full day) site visits to assist in calibration, testing, and
troubleshooting
• Three (3) eight-hour start-up days
• One (1) four-hour O&M Workshop to review new electronic O&M manual
Deliverables:
• Compiled Operations and Maintenance Manuals and Electronic O&M
Process Manual (all electronic format)
• MOPO Document
• Start-up Checklist
9.5 Warranty Phase
The Engineer will provide services during the 12-month warranty period for observing and
reporting discrepancies under guarantees called for in the construction documents.
ENGINEER services to resolve defects identified to be corrected under warranty are not
included in this task. The correction of any defects observed in the inspections is the
responsibility of the Contractor and their subcontractors and suppliers.
Meeting:
• The Engineering team will conduct a site walkthrough during month 11 of
the warranty period.
Page 15 of 17
January 11, 2022
Exhibit A
Page 17 of 19
• A multi-disciplinary team of up to four (4) will attend a one-day site walk
with plant staff to document any deficiencies.
Deliverables:
• Letter summarizing deficiencies for the Owner's use in communicating with
the Contractor.
9.6 Windstorm Certification
The ENGINEER will perform the following:
• Prepare and submit the WPI-1 form in accordance with the requirements
of the Texas Department of Insurance (TDI) for Windstorm for the project
WORK.
• Review all necessary submittals required for the WORK, including but not
limited to; reinforcing shop drawings, anchor rods, concrete mix design,
backfill materials, steel shop drawings and all other project-specific items,
to ensure conformance with the sealed project Construction Documents
and for compliance with TDI.
• Perform required inspections and prepare the required reports during the
construction phase to visually verify all WORK is constructed as designed
and detailed on the sealed Construction Documents.
• Prepare and submit WPI-2 form to the TDI upon completion of construction.
Scope Item Assumptions:
• The Contractor shall provide at a minimum, 48-hour notice to the
Windstorm ENGINEER / Inspector to schedule all required inspections for
the project.
• The ENGINEER is not responsible for failure by the Contractor to abide by
the provisions and/or design and inspection requirements set forth on the
construction documents.
• Approval in writing must be provided by the Windstorm ENGINEER prior to
any modifications, substitutions or alterations from the contract documents
that may be proposed during construction.
• The Contractor shall provide notification for re-inspection or documentation
verifying all noted deficiencies have been brought into compliance, as may
be required by the Windstorm ENGINEER.
Meetings:
• Thirty (30) two-hour site visits to perform inspections
Deliverables:
• WPI-1 & 2 forms
Page 16 of 17
January 11, 2022
Exhibit A
Page 18 of 19
SCHEDULE
The following table summarizes the planned project schedule. Task 1: Preliminary Design
Services was completed in March 2020. The following proposed schedule is provided to
delineate the critical path tasks. The delivery assumes review comments are received by
the City within 1 week of a deliverable to maintain the schedule.
Date Activity
- A/E Contract NTP
3 months after NTP 30% Submittal Package
7 months after NTP 60% Submittal Package
11 months after NTP 90% Submittal Package (Pre-Final)
12 months after NTP Bid Ready Submittal
28 months after Contractor NTP Construction Complete
Assumes City review comments provided within one week of submittal to maintain
schedule.
FEE
The proposed fee is per the attached fee sheet and will be based on a LSUM contract
basis except for Task 9.0 Expense Allowance, which will be Time and Material.
Page 17 of 17
January 11, 2022
Exhibit A
Page 19 of 19
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Exhibit A-1
Page 1 of 1
SUPPLIER NUMBER
TO BE ASSIGNED BY CITE
PURCHASING DIVISION
tir►rr�
City of CITY OF CORPUS CHRISTI
Corpus DISCLOSURE OF INTEREST
Christi
City of Corpus Christi Ordinance 17112, as amended,requires all persons or firms seeking to do business
with the City to provide the following information. Every question must be answered. If the question is
not applicaf�le, answer with "NA". See reverse side for Filing Requirements, Certifications and
definitions.
COMPANY NAME: Hazen and Sawyer, DPC
P. O.BOX: NA
STREET ADDRESS: 500 N. Shoreline, Blvd., Suite 1102 CITY: Corpus Christi ZIP: 78401
FIRM IS: 1. Corporation ❑X 2. Partnership ❑ 3. Sole Owner E]4. Association 5. Other
DISCLOSURE QUESTIONS
If additional space is necessary,please use the reverse side of this page or attach separate sheet.
1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named"firm."
Name Job Title and City Department(if known)
NA
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named"firm."
Name Title
NA
3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named"firm."
Name Board, Commission or Committee
NA
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who
worked on any matter related to the subject of this contract and has an "ownership interest"
constituting 3% or more of the ownership in the above named"firm."
Name Consultant
NA
FILING REQUIREMENTS
If a person who requests official action on a matter knows that the requested action will confer an
economic benefit on any City official or employee that is distinguishable from the effect that the action
will have on members of the public in general or a substantial segment thereof,you shall disclose that fact
in a signed writing to the City official, employee or body that has been requested to act in the matter,
unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be
made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)]
CERTIFICATION
I certify that all information provided is true and correct as of the date of this statement,that I have not
knowingly withheld disclosure of any information requested; and that supplemental statements will be
promptly submitted to the City of Corpus Christi,Texas as changes occur.
Certifying Person: Chamindra Dassanayake Title: Vice President
(Type or Print)
Signature of Certifying C Date:
1/24/2022
Person: r
DEFINITIONS
a. `Board member." A member of any board, commission, or committee appointed by the City
Council of the City of Corpus Christi,Texas.
b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an
effect on that interest that is distinguishable from its effect on members of the public in general or a
substantial segment thereof.
c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-
time basis,but not as an independent contractor.
d. "Firm." Any entity operated for economic gain,whether professional,industrial or commercial, and
whether established to produce or deal with a product or service, including but not limited to, entities
operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint
stock company,joint venture, receivership or trust, and entities which for purposes of taxation are
treated as non-profit organizations.
e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager,
Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of
Corpus Christi,Texas.
f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a
firm, including when such interest is held through an agent, trust, estate, or holding entity.
"Constructively held" refers to holdings or control established through voting trusts, proxies, or
special terms of venture or partnership agreements.,,
g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus
Christi for the purpose of professional consultation and recommendation.
Carpus Chr sti
Engineering
Greenwood Wastewater Treatment Plant
Dissolved Air Flotation Unit
Rehabilitation & Odor Control
Council Presentation
February 15, 2022
Project Location
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Engineering
This project provides for improvements at Greenwood WWTP to
address aging and deteriorated infrastructure, address odors,
and improve operational redundancy and reliability.
A brief summary of proposed improvements is as follows:
• Site preparation
• Storm sewer and site drainage in areas of construction
• Repair or replace equipment in junction boxes
• New flow distribution structures
• New waste activated sludge (WAS) wet well and WAS pumps
• New yard piping
• New aeration basin
Project Scope
/ COr PUS cep, _Li
/
Engineering
9 g
A brief summary of proposed improvements is as follows:
• New blower building and blowers
• Upgrade to secondary clarifier (SC) No. 1 and 2 structures and
replacement of mechanisms
• New SC No. 3and new return activated sludge (RAS) pump
station
• New aeration basins effluent flow distribution channel
• Conversion of primary digester No. 2 and 3 to aerated WAS
holding tanks
• New dewatering feed pump building
• New electrical building and miscellaneous electrical
improvements
Project Scope
J 1 Car PUS Ch _Li
IM—) Engineering
A brief summary of proposed improvements is as follows:
• Miscellaneous programable logic controller and
instrumentation improvements
• Partial demolition of sludge drying beds for removal from the
floodplain
• Rehabilitation of the existing aeration basins including
aeration equipment
Project Vicinity
Car pus cep; _sLi
Engineering
770%
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PROJECT LOCATION '
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Project Schedule
Carpus Chr sti
Engineering
2022 - 2023 2023 2023 - 2025
February - February M A M June - October
Design Bid/Award Construction
Project schedule reflects City Council award in February
2022 with anticipated construction completion in October
2025.
Capital Improvement Plan 2022 rhru 2024
City of Corpus Christi, Texas
Project# 18069
Project NameGreenwood WWTP Process Upgrade 'I'``�
Type Improvement/Additions Department Wastewater
Useful Life 25 years Contact Director of Water Utilities
Category Wastewater Priority 2 Critical-Asset Condition «
Status Active
Descriptionm�eernruoawaciewaier�`�„'�'"'`'�"`
This project is to provide process upgrades,replacement and rehabilitation of the existing Greenwood Wastewater Treatment Plant treatment
units The City staff has been working on an overall conceptual design of wastewater treatment process upgrades. The whole project scope may
include demolishing the existing primary clarifiers,adding aeration basin volume,replacing the existing coarse bubble aeration with fine bubble
aeration,installing one new final clarifier,and installing new flow distribution channel to the three final clarifiers,converting Primary Digester
Nos.2 and 3 from anaerobic digesters to aerated sludge holding tanks,replacing the Dissolved Air Flotation Thickener(DAFT)with three rotary
drum thickeners,and replacing the belt filter presses with screw/volute presses.Considering budget availability,the whole project will be
divided into two phases and completed within approximately 8 years.
Justification
Consistency with the Comprehensive Plan:Policy Statements pg.48: 1,3&6;pp. 55-58;Wastewater Master Plan
Expenditures Prior Years 2022 2023 2024 Total
Construction/Rehab 2,000,000 10,750,000 12,750,000
Testing 50,000 50,000
Inspection 100,000 125,000 225,000
Design 667,675 3,400,000 1,000,000 5,067,675
Contingency 200,000 1,100,000 1,300,000
Eng,Admin Reimbursements 56,551 100,000 50,000 25,000 231,551
Total 724,226 3,500,000 3,400,000 12,000,000 19,624,226
Funding Sources Prior Years 2022 2023 2024 Total
Revenue Bonds 724,226 3,500,000 3,400,000 12,000,000 19,624,226
Total 724,226 3,500,000 3,400,000 12,000,000 19,624,226
Budget Impact/Other 71
This project will extend the life of treatment plant,improve efficiency of operation and lower overall costs.
333
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0
v
NOflPORPY ED
xss2 AGENDA MEMORANDUM
Action Item for the City Council Meeting of February 22, 2022
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DATE: February 22, 2022
TO: Peter Zanoni, City Manager
FROM: Jeff H. Edmonds, P.E., Director of Engineering Services
6effreye(a)-cctexas.com
(361) 826-3851
Gabriel Ramirez, Interim Director of Water Utilities
gabrielr(a)-cctexas.com
(361) 826-1202
Heather Hurlbert, CPA, CFGO, Director of Finance & Procurement
heatherh3(a)cctexas.com
(361) 826-3227
Construction Contract Award
Packery Channel Water Line
CAPTION:
Motion awarding a construction contract to Bridges Specialties, Inc., Robstown, Texas, for
Packery Channel Water Line project in an amount of$1,497,973.50, located in Council District 4,
with FY 2022 funding available from the Water Capital Fund.
SUMMARY:
This motion approves a construction contract for the Packery Channel Water Line project. The
project provides for the replacement of approximately 900 linear feet of twin 16-inch water lines
under the Packery Channel and 2,100 linear feet of a singular 20-inch waterline with 3,000 linear
feet of new 20-inch waterline.
BACKGROUND AND FINDINGS:
The City of Corpus Christi is responsible, by agreement, for supplying water to Nueces County
Water Control and Improvement District No. 4 (NCWCID#4). NCWCID#4 is the water service
provider for Port Aransas. The city supplies water to NCWCID#4 via a 20-inch line, which
transitions to twin 16- inch lines crossing the Packery Channel.
During Hurricane Harvey, the 20-inch waterline to NCWCID#4 was exposed and damaged by
erosion. The water supply to the NCWCID#4 from the City of Corpus Christi was interrupted until
emergency repairs could be made. The valves that control these lines are also located in an area
that is typically submerged and difficult to access. To make the transmission main less vulnerable,
the existing waterlines will be replaced with a deeper 20-inch waterline installed by directional
drilling.
PROJECT TIMELINE:
2020 - 2021 2022
January - October N D J F March - August
Bids
Design Award Construction
Project schedule reflects City Council award in February 2022 with anticipated completion in
August 2022.
COMPETITIVE SOLICITATION PROCESS
The Contracts and Procurement Department issued a Request for Bids. On January 5, 2022, the
city received bids from six bidders. The City analyzed the bids in accordance with the contract
documents and determined Bridges Specialists, Inc., is the lowest responsive and responsible
bidder. A summary of the bids is provided below:
BID SUMMARY
CONTRACTOR BASE BID
Bridges Specialties, Inc. $1,497,973.50
Clark Pipeline Services, LLC $1,808,804.20
Melcar Group $1,886,657.20
TCH Directional Drilling $1,916,861.00
R Construction Company $2,011,254.50
Vaca Underground Utilities, Inc. $2,191,512.25
Engineer's Opinion of Probable
Construction Cost $1,950,606.90
Bridges Specialties, Inc., has successfully completed numerous City utility projects including
JFK Causeway Area Improvements, Padre Island Water Supply Project, and are currently
working on Park Rd 22 Lift Station and Force Main.
ALTERNATIVES:
The alternative is not to award the construction contract to the low-bidder, Bridges Specialties,
Inc.This would delay improvements to the Packery Channel waterline, possibly causing disruption
to the water supply to Port Aransas.
FISCAL IMPACT:
The fiscal impact for FY 2022 is an amount of$1,497,973.50 with funding available from the Water
Capital Fund.
FUNDING DETAIL:
Fund: Water 2022 CIP (Fund 4484)
Mission Elem: Water Distribution (041)
Project: Packery Channel Water Line (20100)
Account: Construction (550910)
Activity: 20100-A-4484-EXP
Amount $1,497,973.50
RECOMMENDATION:
Staff recommends awarding the construction contract for the Packery Channel Water Line project
to Bridges Specialties, Inc., in the amount of$1,497,973.50. The construction duration is planned
for 5 months from issuance of the Notice to Proceed to begin construction in March 2022.
LIST OF SUPPORTING DOCUMENTS:
Location and Vicinity Map
Bid Tab
CIP Page
N
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PROJECT LOCATION
0
LOCATION MAP
NOT TO SCALE
TEXAS A&M
UNIVERSITY
CORPUS CHRISTI PROJECT LOCATION
ZZ
O
OSO BAY CORPUS CHRISTI
Q NAVAL AIR STATION
FLOUR BLUFF
358
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361
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PAC
LAG U NA Hq
MADRE
GULF OF
MEXICO
LOCATION MAP PROJECT NUMBER: 2010OA
NOT TO SCALE
CITY COUNCIL EXHIBIT
PAC KE RY CHANNEL WATERLINE CITY OF CORPUS CHRISTI,TEXAS VONI
DEPARTMENT OF ENGINEERING SERVICES
N
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Project Location
F"w 20" Waterline
a PackeryChannel
viciNiTY MAP Project Number: 20100A
NOT TO SCALE
CITY COUNCIL EXHIBIT
Packery Channel Waterline CITY OF CORPUS CHRISTI,TEXAS VAI
DEPARTMENT OF ENGINEERING SERVICES
BID TABULATION
URBAN ENGINEERING:JDM
RFB 3944 Packery Channel Water Line Crossing Engineers Estimate$1,773,279.00
ID:RFB 3944 COMPLETION OF TIME NOT REQUIRED UE Job No:33760-89-06
Bridges Clark Pipeline TCH Directional R Construction Vaca Untlergrountl
Item Descrip5on Unit Quantity Specialties,Inc. Total Services,LLC Total Melcar Group Total Dulling Total Company Total Utilities,Inc Total
General
Al Mobiltnation(Maximum 5%) LS 1
$50,000.00 $50,000.00 $70,950.00 $70,950.00 $94,054.00 $94,054.00 $95,000.00 $95,000.00 $60,000.00 $60,000.00 $80,000.00 $80,000.00
A2 Bontls and Insurance(Maximum Allowance
oil%) AL 1 $20,000.00 $20,000.00 $38,700.00 $38,700.00 $30,000.00 $30,000.00 $38,000.00 $38,000.00 $30,000.00 $30,000.00 $44,000.00 $44,000.00
A3 Pre-Construction Exploratory LS 1
$5,000.00 $5,000.00 $19,350.00 $19,350.00 $21,375.00 $21,375.00 $10,000.00 $10,000.00 $55,000.00 $55,000.00 $10,000.00 $10,000.00
A4 Install antl Remove Silt Fence for Work and St in Areas LF 6.375 $4,50 $28,687.50 $7.10 $45,262.50 $4.70 $29,962.50 $3.00 $19,125.00 $5.00 $31,875.00 $3.75 $23,906.25
A5 Traffic Control LS 1
$10,000.00 $10,000.00 $11,610.00 $11,610.00 $11,472.00 $11,472.00 $20,000.00 $20,000.00 $5,000.00 $5,000.00 $50,000.00 $50,000.00
A6 Stormwater Pollution Prevention Plan LS 1
$1,800.00 $1,800.001 $19,350.00 $19,350.00 $4,400.001 $4,400.00 $12,500.00 $12,500.00 $2,500.00 $2,500.00 $2,000.00 $2,000.00
A7 Trench Safety for Open Trenching Segment LF 200
$15.00 $3,000.00 $6.45 $1,290.00 $48.00 $9,600.00 $1.00 $200.00 $0.10 $20.00 $10.00 $2,000.00
A8 Trench Safety for B Pits EA 2
$3,500.00 $7,000.00 $5,805.00 $11,610.00 $3,950.00 $7,900.00 $100.00 $200.00 $2,000.00 $4,000.00 $5,000.00 $10,000.00
A9 Well Pointing LF 200
$40.00 $8,000.00 $112.88 $22,576.00 $18.60 $3,720.00 $100.00 $20,000.00 $20.00 $4,000.00 $100.00 $20,000.00
A10 Construct Horizontal Directional Drill Pads EA 2
$15,000.00 $30,000.00 $32,250.00 $64,500.00 $68,765.00 $137,530.00 $42,500.00 $85,000.00 $2,850.00 $5,700.00 $2,000.00 $4,000.00
Sub Totals $163,487.50 $305,19&50 $350,01150 $300,025. $198,095. $245,906.25
Re res Im o meets
Bi 'Seetlin SV 1 29,306 $1.00 $29,306.00 $1.941 $56,853.64i $0.65 $19,048.901 $1.001 $29,306.00 $0.75 $21,979.50 $1.00 $29,306.00
Sub Totals $29,306.00 $56,853.fi4 $19p48.90 $29,306.00 $21,979.50 $29,306.00
Water Improvements
C1 20"C900 DR 18 PVC Water Transmission LF 200 $275.00 $55,000.00 $309.60 $61,920.00 $272.50 $54,500.00 $292.00 $58,400.00 $235.00 $47,000.00 $225.00 $45,000.00
Main By
Conventional Trenchin
C2 20"C900 DR 18 Fusible PVC Water $488.00 $1,102,880.00 $551.01 $1,245,282.60 $550.23 $1,243,519.80 $574.00 $1,297,240.00 $708.00 $1,600,080.00 $760.00 $1,717,600.00
Transmission Main Installed By Horizontal LF 2,260
Directional Drilling(HDD)
C3 Tie4n to Existing 20"Water Transmission EA 2 $10,000.00 $20,000.00 $3,676.50 $7,353.00 $60,476.00 $120,952.00 $28,850.00 $57,700.00 $9,550.00 $19,100.00 $5,000.00 $10,000.00
Main
C4 20"45 Degree Bends(MJ)with Mega Lug EA 12 $2,800.00 $33,600.00 $2,580.00 $30,960.00 $2,145.00 $25,740.00 $4,535.00 $54,420.00 $2,300.00 $27,600.00 $5,000.00 $60,000.00
Joint Restraint Fitting
C5 20"11.25 Degree Bends(MJ)with Mega Lug EA 2 $2,800.00 $5,600.00 $2,580.00 $5,160.00 $2,815.00 $5,630.00 $4,525.00 $9,050.00 $2,350.00 $4,700.00 $5,000.00 $10,000.00
Joint Restraint Fittin
C6 2"Air ReleaseNacuum Valves and Valve EA 2 $15,000.00 $30,000.00 $13,265.07 $26,530.14 $3,400.00 $6,800.00 $11,500.00 $23,000.00 $16,650.00 $33,300.00 $10,000.00 $20,000.00
Chamber
C7 20"RW Gate Valves C/W Bevel Gear(MJ) EA 1 $24,000.00 $24,000.00 $21,930.00 $21,930.00 $27,413.00 $27,413.00 $31,220.00 $31,220.00 $26,500.00 $26,500.00 $18,500.00 $18,500.00
antl Valve Box
CB Bell Harness Assembly EA 6 $1,350.00 $8,100.00 $2,376.18 $14,257.08 $1,520.00 $9,120.00 $3,225.00 $19,350.00 $1,450.00 $8,700.00 $1,200.00 $7,200.00
C9 Metal Posts with Signs EA 4 $250.00 $1,000.00 $677.25 $2,709.00 $170.00 $680.00 $525.00 $2,100.00 $150.00 $600.00 $1,000.00 $4,000.00
C10 Capping Twin 16-inch Steel Water Une(idled EA 2 $2,500.00 $5,000.00 $5,325.12 $10,650.24 $1,620.00 $3,240.00 $7,525.00 $15,050.00 $1,800.00 $3,600.00 $2,000.00 $4,000.00
Sm ant
Sub Totals $1,285,180.00 $1,426,752.06 $1,497,594.80 $1,567,530.00 $1,771,180.00 $1,896,300.00
ufi6 Allowance
AL Unantici ated Utilit Allowance AL 1 $10.000.00i
10 000.00 $10.000.00i
10 000.00 $10.000.00i 10.000.00i 10 000.00 $10.000.00i 10.000.00i 10.000.00i 10.000.00i 10 000.00 $10.0009910 000.00
ALUnantici atetl Dis sal of Groundwater AL 1 10 000.00 10 000.00 $10,000.00i 10 000.00 $10,000.00! .00 $10,000.00! $10,000.001 $10,000.001 10'000 00
0 00000 10 000.00 10 000.00
Sub Totals $20,000.00 $20,000.00 $20,000.00 $20,000.00 $20,000.00 $20,000.00
Grand Total $ 1 497 973.50 $ 1,808,804.20 $ 1,886,657.20 $1 91 861.00 $ 2,011,254.50 $ 2191 512.25
Capital Improvement Plan 2022 111ril 2024
City of Corpus Christi, Texas
Project# 20100
ProjectName Packery acke Channel Water Line
Type Improvement/Additions Department Water Department R -
Useful Life 40 years Contact Director of Water Utilities
Category Water Distribution Priority 2 Critical-Asset Condition 6 r.
Status Active
Description
The City of Corpus Christi supplies water to Nueces County Water Improvement District No.4(NCWID94)via a 24-inch line from the Flour
Bluff area to the Sand Dollar Pump Station.From Sand Dollar Pump Station,water is then transmitted through a 20-inch line(consisting of twin
16-inch lines crossing the Packery Channel)to the NCWID94 system.During the Harvey Hurricane event in August 2017,the 20-inch water line
to NCWID94 was damaged and water supply to the region from the City of Corpus Christi had to be halted.This project is to build a new water
transmission line to provide redundant and reliable water supply to NCWID94.
Justification
During the Harvey Hurricane event in August 2017,the 20-inch water line to NCWID94 was damaged and water supply to the region from the
City of Corpus Christi had to be halted.To prevent similar situation in case of future storm/severe weather events,this project is to build a new
20-in water transmission line crossing Packery Channel and provide redundant and reliable water supply to NCWID94.
Expenditures Prior Years 2022 2023 2024 Total
Construction/Rehab 2,250,000 2,250,000
Inspection 100,000 100,000
Design 240,000 240,000
Contingency 100,000 100,000
Eng,Admin Reimbursements 8,356 50,000 58,356
Total 248,356 2,500,000 2,748,356
Funding Sources Prior Years 2022 2023 2024 Total
PAYGO 248,356 248,356
Revenue Bonds 2,500,000 2,500,000
Total 248,356 2,500,000 2,748,356
Budget Impact/Other 71
There is no projected operational impact with this project at this time. A reassessment will be done upon completion of project to determine on-
going or maintenance costs.
311
Corpus Chr s[i
Engineering
Packery Channel Water Line
Council Presentation
Y
Februar 22, 2022
.
Project Location
Carpus Chr sti
Engineering
� CORPUS CHRISTI 4
°MPo N
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9
CORPUS CHRISTI BAY
2
050 HAY M
s�
FLOUR BLUFF
PROJECT LOCATION
LAGUNA
MAORE
CU F OF
MEXICO
Project Scope
Corpus chr sti
\____ Engineering
A brief summary of proposed improvements is as follows:
This project provides for the replacement of approximately 3,000 linear feet of twin 16-inch ad a
20-inch waterline with a new 20-inch waterline along Packery Channel.
• Most of the installation of the waterline will be by horizontal direction drilling (HDD) method
and a small portion will be installed using conventional trenching method.
• A new gatevalve will be installed on the waterline along with an air release valve.
Project Schedule
Carpus Chr sti
Engineering
2020 - 2021 2022
January - October N D J F March - August
Design Bid/ Construction
Awa rd
Projected Schedule reflects construction beginning in March
2022 with anticipated completion by August 2022.
so
�o
o� A
H AGENDA MEMORANDUM
µoRPORPg4 Action Item for the City Council Meeting of February 22, 2022
1852
DATE: February 22, 2022
TO: Peter Zanoni, City Manager
FROM: Mike Markle, Chief of Police
mikema(a)-cctexas.com
(361) 886-2603
Approval to submit a grant application to the State of Texas, Office of the Governor's
Homeland Security Grants Division for FY 2023 funding available under the Local Border
Security Program Grant
CAPTION:
Resolution authorizing the submission of a grant application in the amount of$152,687.64 to the
Office of the Governor Homeland Security Grants Division for funding for overtime and retirement
for four sworn officers eligible under the FY 2023 Local Border Security Program Grant.
SUMMARY:
The purpose of the program is to sustain interagency law enforcement operations and enhance
local law enforcement patrols to facilitate directed actions to deter and interdict criminal activity to
assist in the execution of coordinated border security operations.
BACKGROUND AND FINDINGS:
The Police Department will deploy officers on an overtime basis to conduct direct actions and
operations within the city limits and extraterritorial jurisdiction (ETJ) targeting known drug,
currency and human trafficking routes operating in the South Texas area to points north (ETJ
extends five miles out from the City's boundaries).
The funding provides for overtime and retirement for four sworn officers, four hours per day, three
days per week for 42 weeks. There is no City match required. Funding is available from October
1, 2022 through September 30, 2023. The City must apply for these funds each year and has
received the grant since 2008. The City received $59,000 in the FY 2022 grant.
ALTERNATIVES:
The alternative is not to apply for the grant and therefore lose the ability to provide enhanced
enforcement for narcotics trafficking, etc.
FINANCIAL IMPACT:
The Local Border Security Program (LBSP) Grant in the amount of$152,687.64 will increase the
Police Grants Revenue for the LBSP Program.
Funding Detail
Fund 1061 Police Grants Fund
Organization/Activity: 1061
Mission Element: 151
Project # (CIP Only): N/A
Account: 510200—Overtime
511000 - Retirement
RECOMMENDATION: Staff recommends submitting the grant application, as presented.
LIST OF SUPPORTING DOCUMENTS:
Resolution
Resolution authorizing the submission of a grant application in the amount of
$152,687.64 to the Office of the Governor Homeland Security Grants Division for
funding for overtime and retirement for four sworn officers eligible under the FY
2023 Local Border Security Program Grant.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS THAT:
SECTION 1. The City Council authorizes submission of the grant application to the State
of Texas, Office of the Governor Homeland Security Grants Division in the amount of
$152,687.64.
SECTION 2. There is no City cash match or in-kind services for this grant.
SECTION 3. The City Manager or the City Manager's designee may apply for, accept,
reject, alter, or terminate the grant.
SECTION 4. In the event of the loss or misuse of these Office of the Governor funds, the
City of Corpus Christi assures that the funds will be returned to the State of Texas, Office
of the Governor in full.
2
PASSED AND APPROVED on the day of , 2022:
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
0
H
V
CORPORI AGENDA MEMORANDUM
1852 Action Item for the City Council Meeting February 22, 2022
DATE: February 22, 2022
TO: Peter Zanoni, City Manager
FROM: Neiman Young
neimany(a-)cctexas.com
361-826-3898
Jeff H. Edmonds, P. E., Director of Engineering Services
0effreye(a)cctexas.com
(361) 826-3851
Real Estate Contracts and Developer Participation Agreement
CAPTION:
Resolution authorizing Real Estate Contracts and Developer Participation Agreement with Lands
Greenwood 2018, LLC and MPM Development, LP for the sale and exchange of City owned lots
on Oso Creek at Starry Circle and authorizing execution of deeds and any related documents
necessary to complete the sale and exchange and convey the lots.
SUMMARY:
The City sought bids for a property exchange for property to accommodate a 130 -acre detention
pond near the confluence of La Volla Creek and Airport Tributary. MPM Homes Inc and Lands
Greenwood 2018 LLC submitted a joint bid and after the review of their bid it was determined to
be the best value for the City.
BACKGROUND AND FINDINGS:
On February 9, 2021 , City Council passed Ordinance declaring City owned land on Oso Creek at
Starry Circle as surplus property; authorizing its sale or exchange to the public by sealed bid; and
authorizing execution of the deed and any related documents necessary to complete the sale and
convey the property.
February 23, 2021 , RFB 3528 opened sealed bid for the sale or exchange of the approximately
123.3-acre Oso Creek Tracts.
On March 7th the City of Corpus Christi will submit a request to the Texas General Land Office for the
release of Community Development Block Grant Disaster Recovery Program funds. The City cannot
execute a contract to purchase the La Volla Creek Tract until the environmental review of the
property is complete and the Texas General Land Office or U.S. Department of Housing and Urban
Development issues an Authorization to Use Grant Funds.
PROCUREMENT DETAIL:
RFB 3528 opened sealed bid for the sale or exchange of the approximately 123.3-acre Oso Creek
Tracts. MPM Homes Inc and Lands Greenwood 2018 LLC submitted joint bid for: (1) La Volla
Creek Tract being 132.090 acres Appraised - $1 ,650,000, (2) $1 ,000,000 Cash, (3) 1,710 feet of
Rodd Field road construction Cost - $1 ,752,000, (4) 1 ,945 feet of Safety Steel road construction
Cost - $2,085,000, (5) 968 feet of Oso Parkway road construction Cost - $1,032,000 (6) Parking
Lot, 20 ft. by 300 ft. Cost - $75,000, and (7) Park trail brush removal Cost - $35,000.
ALTERNATIVES:
The City will explore other options to utilize La Volla Creek Drainage Improvements. The area will
continue to be impacted with flooding until another solution is identified.
FISCAL IMPACT:
Regional Detention Facility for the purpose of flood mitigation, estimated HUD funding is
$7,234,755.00; non-HUD (local) funding is estimated at $7,600,000.
FUNDING DETAIL:
N/A
RECOMMENDATION:
Staff recommends approval of this item as presented.
LIST OF SUPPORTING DOCUMENTS:
Exhibit 1 Spreadsheet
Exhibit 2 Spreadsheet
Resolution
Resolution authorizing Real Estate Contracts and Developer
Participation Agreement with Lands Greenwood 2018, LLC and
MPM Development, LP for the sale and exchange of City owned
lots on Oso Creek at Starry Circle and authorizing execution of
deeds and any related documents necessary to complete the sale
and exchange and convey the lots.
WHEREAS, on February 9, 2021 , City Council passed Ordinance declaring City
owned land on Oso Creek at Starry Circle as surplus property; authorizing its sale or
exchange to the public by sealed bid; and authorizing execution of the deed and any
related documents necessary to complete the sale and convey the property;
WHEREAS, February 23, 2021, RFB 3528 opened sealed bid for the sale or
exchange of the approximately 123.3 acre Oso Creek property;
WHEREAS, the City sought bids for a property exchange for property to
accommodate a 130 -acre detention pond near the confluence of La Volla Creek
and Airport Tributary;
WHEREAS, MPM Homes Inc and Lands Greenwood 2018 LLC submitted
joint bid for: (1) La Volla Creek Tract being 132.090 acres Appraised -
$1,650,000, (2) $1,000,000 Cash, (3) 1,710 feet of Rodd Field road construction
Cost - $1,752,000, (4) 1,945 feet of Safety Steel road construction Cost -
$2,085,000, (5) 968 feet of Oso Parkway road construction Cost - $1,032,000 (6)
Parking Lot, 20 ft. by 300 ft. Cost- $75,000, and (7) Park trail brush removal Cost
- $35,000-1
WHEREAS, MPM Homes Inc and Lands Greenwood 2018 LLC submitted
joint bid provides the best value for the City;
WHEREAS, pursuant to Community Development Block Grant Disaster
Recovery Grant (" CDBG- DR") and HUD regulation (24 CFR § 58.22(a)), the
City cannot execute a contract to purchase the La Volla Creek Tract until the
environmental review of the property is complete and the Texas General Land
Office or U.S. Department of Housing and Urban Development issues an
Authorization to Use Grant Funds; and
WHEREAS, on or about March 7th the City of Corpus Christi will submit a
request to the Texas General Land Office for the release of Community
Development Block Grant Disaster Recovery Program (GLO Contract No. 20-
065-133-C445)funds under the Continuing Appropriations Act, 2018 and
Supplemental Appropriations for Disaster Relief Requirements Act, 2017 (Public
Law 115-56), to undertake a project known as La Volla Creek Drainage
Improvements - Regional Detention Facility for the purpose of flood mitigation,
estimated HUD funding is $7,234,755.00; non-HUD (local)funding is estimated
at$7,600,000.
Page 1 of 2
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Upon issuance of Authorization to Use Grant funds in reference to
acquisition of the La Volla Creek Tract, the City Manager or designee is authorized
to execute Real Estate Contracts and Developer Participation Agreement with
Lands Greenwood 2018, LLC and MPM Development, LP, for the sale and
exchange of City owned lots on Oso Creek at Starry Circle, as identified in
Ordinance 032345.
SECTION 2. The City Manager or designee is authorized to execute deeds and other
related documents necessary to complete the sale and exchange and convey the lots.
PASSED AND APPROVED on the day of , 2022:
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
SC `
11
0 �
AGENDA MEMORANDUM
NCORPOR 1'0 First Reading Ordinance for the City Council Meeting of February 22, 2022
1852 Second Reading Ordinance for the City Council Meeting of March 8, 2022
DATE: February 11, 2022
TO: Peter Zanoni, City Manager
FROM: Eddie Houlihan, Director of Management and Budget
eddieho(a)-cctexas.com
(361) 826-3792
Kamil Taras, Capital Improvement Program Manager
kamilt(a)cctexas.com
(361)-826-3242
Annual CIP Close-out and Repurposing of Funds
CAPTION:
Ordinance abandoning one Bond 2012 project and one Bond 2016 project and repurposing
excess Bond 2008, Bond 2012, Bond 2016 funds for use on the Residential Street Program; and
amending FY 2022 capital budget.
SUMMARY:
Section 19 of the Financial Budgetary Policies requires City staff to reconcile all capital funds. As
a result of this process, $4,479,295.16 of funding was identified to be repurposed for like projects.
City staff is recommending the funds be used for the residential street program — equally divided
amongst each of the five City Council districts equating to approximately $896,000 per district.
City staff will recommend a list of projects by district to the City Council members for their review
and will bring an amendment to the 5-Year Infrastructure Management Program (IMP) in the
relatively near future.
BACKGROUND AND FINDINGS:
The Capital Improvement Program (CIP) close-out process began in early fall of 2021 as a joint
effort with the Finance Department, the Office of Management and Budget, and Engineering
Services. The process included the reconciliation of all CIP funds, review and assessment of all
CIP encumbrances, and analysis of funds to determine if funds are eligible to be closed.
The process involved reviewing and analyzing 37 General Obligation Bond funds as well as 63
Utility Revenue Bond Funds. Upon completion of the process, $4,479,295.16 was identified and
designated to be repurposed for like projects.
Funds available to be repurposed are as follows:
• $ 810,208.92 Bond 2008 - All projects are complete
• $1,769,086.24 Bond 2012 projects— Recommendation to reschedule Twigg
Street to long-range CIP due to delay of the Harbor Bridge Project
• $1,900,000.00 Bond 2016— Repurpose funding for developer and TXDOT
participation projects of which no projects have been identified
There are three projects on North Beach in Bond 2018 that are on-hold due to the Harbor Bridge
Project. A recommendation to repurpose those funds will be forthcoming.
Additionally, $8,000,000.00 in utility revenue bond funds were identified to be repurposed and will
be used to decrease the FY 2022 utility revenue bond issuance. The repurposing of these dollars
will result in the City's outstanding utility debt obligation to not increase by $8,000,000.00; thus,
saving money on cost of issuance and interest costs - ultimately minimizing the impact on utility
rates and rate payers.
FINANCIAL IMPACT:
The fiscal impact for FY 2021-2022 consists of repurposing $4,479,295.16 in capital budget
expenditures for residential street program and lowering the FY 2022 utility revenue bond
issuance by $8,000,000.00.
FUNDING DETAIL:
Fund: Streets Bond 2018 Fund (3556)
Mission Element: Street Maintenance (051)
Project: RSRP FY2022 Close-out (22025)
Account: Construction (550910)
Activity: 22025-3556-EXP
Amount $4,479,295.16
RECOMMENDATION:
Staff recommends repurposing $4,479,295.16 of old bond funds for the Residential Street
Program equally divided amongst the five City Council districts and approving an amendment to
the FY 2021-2022 capital budget for this purpose. City staff will recommend a list of projects by
district to the City Council members for their review and will bring an amendment to the 5-Year
Infrastructure Management Program (IMP) in the relatively near future.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Presentation
Ordinance abandoning one Bond 2012 project and one Bond 2016
project and repurposing excess Bond 2008, Bond 2012, Bond 2016
funds for use on the Residential Street Program; and amending FY
2022 capital budget.
WHEREAS, all Bond 2008 projects have been completed and the excess Bond 2008 funds of
$810,208.92 shall be used as directed by City Council;
WHEREAS, in August 2012, City Council approved Ordinance 029589 ordering a Bond election
that identified Twigg Street, generally from Shoreline Boulevard to Lower Broadway, to be
completed in Bond 2012 Proposition No. 1;
WHEREAS, in April 2015, City Council approved Resolution 030482 directing staff to defer and
reassess Bond 2012 projects directly affected by the new Harbor Bridge construction, specifically
Twigg Street and Leopard Street;
WHEREAS, staff has reassessed the Bond 2012 projects affected by the new Harbor Bridge
construction and recommends not proceeding with Twigg Street, generally from Shoreline
Boulevard to Lower Broadway;
WHEREAS, funds to complete the remaining Bond 2012 projects have been identified and the
excess Bond 2012 funds of$1,769,086.24 shall be used as directed by City Council;
WHEREAS, in August 2016, City Council passed Ordinance 030931 ordering a Bond election
that identified Participation Projects (projects that receive external funding for all or part of their
costs) to be completed in Bond 2016 Proposition 12;
WHEREAS, no projects have been identified that receive external funding for all or part of the
costs for Bond 2016 participation projects;
WHEREAS, excess Bond 2016 funds of$1,900,000.00 shall be used as directed by City Council;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the findings of the City Council and its actions approving this Ordinance are
hereby approved and adopted.
SECTION 2. City Council hereby finds and determines that the Bond 2012 Twigg Street project
and the Bond 2016 Participation Project are abandoned due to external sources of funding that
did not materialize or unforeseen changes in fact or circumstance that make the anticipated
expenditures no longer wise or necessary.
SECTION 3. The City Council hereby directs and authorizes the repurposing of remaining Bond
2008, Bond 2012 and Bond 2016 funds to fund the Bond 2018 Proposition A Residential Street
Rebuild Program project.
SECTION 4. The Corpus Christi FY2021-2022 Capital Budget adopted by Ordinance No. 032540
is amended to increase expenditures by $4,479,295.16 for residential streets.
That the foregoing ordinance was read for the first time and passed to its second reading on this
the day of 2022, 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 2022, 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 , 2022.
ATTEST:
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
Cityof CChristUA
Annual CIP C
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Financial Budgetary Policy
Approved Financial Policies includes a Section on Capital
Improvement Annual Close-out
The Capital Improvement Annual Close-out process is a
comprehensive review of CIP projects & related funds
This process involves multiple departments
Office of Management and Budget
Finance and Business Analysis
Engineering Services US
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2 7852
CIP Close-out Annual Report
❖This process includes the following steps:
4.'*Reconciliation of all CIP projects and funds
❖Review and assessment of all CIP encumbrances
❖Analysis of funds to determine if fund is eligible to close
To be CLOSED a fund must have:
All budgeted projects completed
All encumbrances expensed or liquidated
All warranty periods concluded
`o�Q
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BOND PROGRAM PROGRESS ■Expensed&Encumbered■Unencumbered
100%
bon
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60%
60%
1.
309:
2M
109:
0%
Bond'08 Bond'12 Bond'14 Bond'16 Bond 18 Bond'20
Total Expensed& Percentage Percenta e
To Date Encumbered Expensed&Encumbered Unencumbered Unencumbered
Bond 2008 $156.7M $155.6M 99.3% $1.1m 0.7%
Bond 2012 $90.1M $88.3M 98.0% $1.8M 2.0%
Bond 2014 $103.5M $98.7M 95.4% $4.8M 4.6%
Bond 2016 $19M $16.6M 87.4% $2.4M 12.6%
Bond 2018 $96.8M $61.4M 63.4% $35.4M 36.6%
Bond 2020 $75M $8.1m 10.8% $66.9M 89.2%
REVENUE BOND PROGRAM SUMMARY
200,000,000.00
1w,uw,wu.w
190,000,000.00
140,000,000.00
120,000,000.00
1w,ow,000.w
80,000,000.00
60,000,000.00
40,000,000.00
20,000,000.00
2006 Revenue Bonds 2010 Revenue Bonds 2012 Revenue Bonds 2013 Revenue Bonds 2015 Revenue Bonds 2019 Revenue Bonds 2020 Revenue Bonds 2022 Revenue Bonds
■Water ■Wastewater n Storm Water Gas
Total Expensed& Percentage Percentage
To Date Encumbered Expensed&Encumbered Unencumbered Unencumbered
2008 Revenue Bonds $118.9M $118.9M 100% $OM 0%
2010 Revenue Bonds $83.3M $83.3M 100% $OM 0%
2012 Revenue Bonds $197.9M $197.9M 100% $OM 0%
2013 Revenue Bonds $101.9M $101.9M 100% $OM 0%
2015 Revenue Bonds $111.6M $111.6M 100% $OM 0%
2019 Revenue Bonds $50.6M $49.1M 97% $1.5M 3%
2020 Revenue Bonds $110M $96.9M 88% $13.1M 12%
2022 Revenue Bonds $120M $76.6M 64% $43.4M 36%
FY 2020-2021
CIP Close-out Results
®®® The City of Corpus Christi currently has:
37 General Obligation Bond funds
63 Utility Revenue Bond funds
®®® The Annual closeout this year will close
16 General Obligation Bond funds or 43%of active funds
28 Utility Revenue Bond funds or 44%of active funds
This effort resulted in $4.479M in street funds available for reprograming
$8M in utility revenue bond funds were identified to be repurposed and will be used
to decrease the FY 2022 utility revenue bond issuance which will decrease the
impact on future utility rates G0,_eus ecyRs
Additionally there are three projects on North Beach in Bond 2018 that are on-hold ° -'
due to the Harbor Bridge Project. A recommendation will be forthcoming.
J y
6 1852
Recommendation
Reschedule Bond 2012Twigg Street project to long-range CIP due
to delay of the Harbor Bridge Project and repurpose the funds
Repurpose Bond 2016 funding forTxDOT participation projects of
which no project currently are identified
$4.479M for Residential Street Program, approximately $896K per
district
City staff will recommend a list of residential street projects by GO�QUSCC/1'
council district to the City Council for consideration of inclusion in
the city's 5-year Streets Infrastructure Management Plan
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H AGENDA MEMORANDUM
WoRPORP�g4 First Reading of the City Council Meeting of February 22, 2022
1852 Second Reading for the City Council Meeting of March 8, 2022
DATE: February 11 , 2022
TO: Peter Zanoni, City Manager
THRU: Andrea Gardner, Assistant City Manager
and reaga(a)cctexas.com
(361) 826-3506
FROM: Tracey K. Cantu, Interim Director Neighborhood Services Department
traceyc(a)cctexas.com
(361) 826-3021
Acceptance and appropriation of a $100,000 donation from the Cheniere Foundation and
Authorizing an Agreement with the Coastal Bend Center for Independent Living to Provide
Services to Persons with Disabilities Who are Homeless
CAPTION:
Ordinance authorizing acceptance and appropriation of a donation in the amount of $100,000
from the Cheniere Foundation; amending the operating budget for FY2021-2022 to increase
expenditures for Homeless Services; and authorizing an agreement with the Coastal Bend Center
for Independent Living to provide services to persons with disabilities who are homeless.
SUMMARY:
The Cheniere Foundation has granted the City of Corpus Christi $100,000 for an agreement
between the City and the Coastal Bend Center for Independent Living (CBCIL) so that CBCIL can
provide services to persons with disabilities who are homeless. Services will transition persons
who are homeless to being housed.
BACKGROUND AND FINDINGS:
The Cheniere Foundation, a 501(c)(3) organization, wants to make a positive impact in the lives
of persons who are homeless. The gap in case management and supportive services for persons
with disabilities who are homeless was identified as the space where the Cheniere Foundation
would make a measurable contribution. The Cheniere Foundation is making the donation to the
City and the agreement is between the City and CBCIL. The City will monitor CBCIL's progress
toward the donation's intended outcomes and disburse funds to CBCIL. The Cheniere Foundation
will consider another $100,000 donation for a second year if the program demonstrates success.
CBCIL will address persistent and chronic homelessness through the new Housing & Support for
Homeless Individuals with Disabilities Program (HSHID). CBCIL will establish a housing `bridge
model' for individuals with mental, behavioral and other disabilities who are homeless or at risk of
homelessness. CBCIL's HSHID will fill gaps between the streets, shelters and unstable housing
to short-term affordable rental housing, connected to services and supports, with eventual access
to permanent affordable supportive housing. A housing continuum will be established in a three-
year public-private pilot, with stakeholders committed to a multi-pronged coordinated initiative.
In year one of the HSHID, CBCIL will build capacity for the program, with potentially 15 — 20
individuals identified through outreach for housing and supports assistance. The goal in the first
year is for eight (8) individuals to access housing through tenant based rental assistance
programs. In year two, HSHID will be fully implemented, with outreach to 40 - 50 individuals, and
a goal of assisting 18 second year and new individuals with rental assistance. Client eligibility
recertifications in the second year will provide a total of two years of housing assistance per
consumer/client, with the goal of accessing permanent affordable housing. Year Three will
continue HSHID housing and support, with a goal of 30 individuals assisted with rental assistance.
The documented outcomes achieved through HSHID will be analyzed, with recommendations for
improvements and sustainability of the model.
CBCIL, as the federally established Center for Independent Living serving the Coastal Bend since
2002, operates programs that assist individuals with disabilities of all types to reach their goals
for living independently in communities throughout the region. CBCIL is one of two tenant based
rental assistance administrators in the region that provide what is considered a "bridge" for up to
two years to permanent supportive housing, typically through HUD Section 8/CHOICE vouchers
or other subsidized affordable rental units.
ALTERNATIVES:
The alternative is not to accept the donation.
FISCAL IMPACT:
The City will receive $100,000 from the Cheniere Foundation and disburse the funds to the
Coastal Bend Center for Independent Living.
Funding Detail
Fund 1071 Community Enrichment Grants
Organization/Activity: 806103L Cheniere Energy
Mission Element: 007 Nondiscrimination Program
Project # (CIP Only): N/A
Account: 530000 Professional Services
RECOMMENDATION:
Staff recommends accepting the donation and authorizing the agreement.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Donation letter
Agreement
Ordinance authorizing acceptance and appropriation of a donation in
the amount of $100,000 from the Cheniere Foundation; amending the
operating budget for FY2021-2022 to increase expenditures for
Homeless Services; and authorizing an agreement with the Coastal
Bend Center for Independent Living to provide services to persons
with disabilities who are homeless.
Whereas, the Cheniere Foundation, a 501(c)(3) corporation, made a $100,000 donation
to the City of Corpus Christi to establish a program that addresses persistent and chronic
homelessness in the region in partnership with the Coastal Bend Center for Independent Living;
Whereas, the program will fill gaps and provide services for individuals with mental,
behavioral and other disabilities who are homeless or at-risk of homelessness in Corpus Christi
and the Coastal Bend area;
Whereas, the City of Corpus Christi ("City"), the Cheniere Foundation ("Cheniere") and
the Coastal Bend Center for Independent Living ("CBCIL") have agreed on a model for the
Housing & Support for Homeless Individuals with Disabilities Program ("Program");
Whereas, Cheniere has donated $100,000 for the Program and the City will enter into an
Agreement with CBCIL whereby CBCIL will set up and operate the Housing & Support for
Homeless Individuals with Disabilities Program and the City will reimburse CBCIL for expenses
incurred by the Program until the Chenier funding is exhausted or the term of the Agreement
expires.
Now, Therefore, be it ordained by the City Council of the City of Corpus Christi, Texas
that:
Section 1. The City Council specifically finds that the foregoing statements included in the
preamble of this ordinance are true and correct and adopts such findings for all intents and
purposes.
Section 2. Funds in the amount of $100,000 are appropriated from the Cheniere Foundation
for costs related to the Housing & Support for Homeless Individuals with Disabilities Program.
Section 3. The FY2021-22 Operating Budget adopted by Ordinance No. 032539 is amended
to increase expenditures by $100,000 for Homeless Services.
Section 4: The City Manager or his designee is authorized to execute all documents necessary
for an agreement between the City of Corpus Christi and the Coastal Bend Center for
Independent Living.
The foregoing ordinance was read for the first time and passed to its second reading on this
the day of 1 2022, 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 2022, by the John Martinez
following vote: Ben Molina
Paulette M. Guajardo
Mike Pusley
Roland Barrera
Greg Smith
Gil Hernandez
Michael Hunter
Billy Lerma
PASSED AND APPROVED on this the day of , 2022.
ATTEST:
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
se
Go
AGREEMENT FOR HOMELESS SERVICES
U
COASTAL BEND CENTER FOR INDEPENDENT LIVING
,NOp POR Ff�
xs52
This Agreement ("Agreement") is entered into by and between the City of Corpus
Christi, a Texas home-rule municipal corporation ("City") and the Coastal Bend Center
for Independent Living, a 501 (c)(3) non-profit organization ("CBCIL"), effective upon
execution by the City Manager or the City Manager's designee ("City Manager").
WHEREAS, on September March 8, 2022, the City Council accepted a $100,000
donation from the Cheniere Foundation to fund the Coastal Bend Center for
Independent Living to create a Housing & Support for Homeless Individuals with
Disabilities (HSHID) Program in the City;
WHEREAS, on September March 8, 2022, the City Council approved $100,000 in
funding for the Coastal Bend Center for Independent Living in the City's Fiscal Year
2021-2022 Operating Budget;
WHEREAS, CBCIL operates in Corpus Christi, Nueces County, Texas and one of its
goals is to assist homeless individuals with disabilities to achieve their goals to live
independently.
NOW, THEREFORE, in consideration of the mutual covenants provided herein and
for other good and valuable consideration, the receipt of which is hereby
acknowledged, the City and CBCIL agree as follows:
1. Scope. CBCIL will provide case management and rental assistance services for
homeless persons with mental, behavioral and other disabilities in Corpus Christi,
Texas ("Services") during FY 2021-2022 in accordance with the Scope of Work
attached hereto and incorporated herein as Exhibit A.
2. Term. The term of this Agreement shall begin March 8, 2022 and end on March 7,
2023.
3. Compensation and Payment. This Agreement is for an amount not to exceed
$100,000. Payment will be made for Services performed and accepted by the
City within 30 days of acceptance, subject to receipt of an acceptable invoice.
Invoices must be mailed to the following address with a copy provided to the
Contract Administrator:
City of Corpus Christi
Attn: Neighborhood Services Department
Service Agreement CBCIL Page 1 of 6
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:
Jennifer Buxton, Assistant Director
Neighborhood Services Department
1201 Leopard Street, 2nd Floor
Corpus Christi, Texas 78401
(361 ) 826-3976
Jenniferb9@cctexas.com
5. Insurance. Before performance can begin under this Agreement, CBCIL 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 Contract Administrator's written request. Insurance requirements are as stated
in Exhibit B attached hereto and incorporated herein by reference. CBCIL may
provide a letter of self-insurance, as an alternative to a Certificate of Insurance, if
said letter of self-insurance is approved by the City's Risk Manager.
6. 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.
7. Independent Contractor. CBCIL 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.
8. Amendments. This Agreement may be amended or modified only in writing
executed by authorized representatives of both parties.
9. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
Service Agreement CBCIL Page 2 of 6
10. Taxes. CBCIL covenants to pay all payroll taxes, Medicare taxes, FICA taxes,
unemployment taxes and all other applicable taxes for its employees. Upon
request, the Contract Administrator shall be provided proof of payment of these
taxes within 15 days of such request.
11. 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
Neighborhood Services Department
1201 Leopard Street, 2nd Floor
Corpus Christi, Texas 78401
(361 ) 826-3976 (office)
IF TO CONTRACTOR:
Coastal Bend Center for Independent Living
1537 Seventh Street
Corpus Christi, Texas 78404
(361 ) 883-8461 (office)
12. CBCIL AGREES TO 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 CBCIL OR RESULTS FROM THE NEGLIGENT ACT,
OMISSION, MISCONDUCT, OR FAULT OF THE CBCIL OR ITS EMPLOYEES
OR AGENTS. CBCIL 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
Service Agreement CBCIL Page 3 of 6
OBLIGATIONS OF CBCIL UNDER THIS SECTION SHALL SURVIVE THE
EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
13. Termination.
(A) Termination for Cause. The City may terminate this Agreement for CBCIL's
failure to comply with any of the terms, conditions and covenants of this
Agreement. The City shall give CBCIL written notice of the breach and set out a
reasonable opportunity to cure. If CBCIL has not cured the breach within the cure
period set out in the City's notice of breach, the City may terminate this
Agreement immediately thereafter.
(B) Termination for Convenience. Alternatively, the City may terminate this
Agreement for convenience upon ten (10) days written notice to CBCIL. CBCIL
shall cease all work and services called for in this Agreement upon receipt of the
City's written notice to terminate this Agreement for convenience. The City shall
pay CBCIL for all services provided in accordance with the terms of this
Agreement up until CBCIL'S receipt of the City's Notice to Terminate the
Agreement for convenience.
14. 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.
15. Assignment. No assignment of this Agreement by CBCIL or of any right or interest
contained herein, is effective unless the City Manager or his designee first gives
written consent to such assignment. The performance of Services described in this
Agreement by CBCIL 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.
16. 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.
17. 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 and exhibits;
Service Agreement CBCIL Page 4 of 6
18. Certificate of Interested Parties. CBCIL 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.
19. Governing Law. CBCIL 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.
20. Entire Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties.
Service Agreement CBCIL Page 5 of 6
Coastal Bend Center for Independent Living
Signature:
Printed Name:
Title:
Date:
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta, City Secretary Tracey Cantu, Interim Director
Department of Neighborhood Services
Date:
Approved as to Form:
Kent Mcllyar, Assistant City Attorney
Attached and Incorporated by Reference:
Exhibit A: Scope of Work
Exhibit B: Insurance Requirements
Service Agreement CBCIL Page 6 of 6
CHENIERE
FOUNDATION
December 13, 2021
Jennifer Buxton
Assistant Director, Neighborhood Services
City of Corpus Christi
1201 Leopard Street
Corpus Christi, Texas 78401
Dear Jennifer,
At Cheniere we are proud of our long tradition of responsible corporate citizenship and we are
deeply committed to giving back to the communities where we live and work. Through our
Cheniere Foundation, the company implements programs to positively impact local communities
through volunteer efforts, financial contributions, and in-kind donations.
As recommended by our local community team and employees at our Corpus Christi
Liquefaction facility (CCL) in San Patricio County, please find enclosed a donation in the amount
of $100,000 (Check #1295) to establish a program that addresses persistent and chronic
homelessness in the region in partnership with the Coastal Bend Center for Independent Living
(CBCIL). This program will fill gaps and provide services for individuals with mental, behavioral,
and other disabilities who are homeless or at risk of homelessness.
We are pleased to be able to provide you with this support and wish you all the best in your
efforts to make the world a better place. Please send an acknowledgement letter to the address
below.
Sincerely,
Nj4j� �A -
Wendy B. Craven
Executive Director
Cheniere Foundation
CC' Michelle Hinojosa, Community Affairs
Enclosure
Cheniere Foundation • 700 Milam Street, Suite 1900 • Houston, TX 77002 - phone:713.375.5000 • fax: 713.375.6000
EXHIBIT A
SCOPE OF WORK
The Coastal Bend Center for Independent Living (CBCIL) is partnering with the City of Corpus Christi
to address persistent and chronic homelessness within the City. With support from the Cheniere
Foundation, the Housing & Support for Homeless Individuals with Disabilities (HSHID) Program,
will establish a housing 'bridge model' for individuals with mental, behavioral and other
disabilities who are homeless or at risk of homelessness. CBCIL's HSHID will fill gaps between the
streets, shelters and unstable housing to short-term affordable rental housing, connected to
services and supports, with eventual access to permanent affordable supportive housing.
During the term of this Agreement, CBCIL agrees to provide case management, supportive services
and secure housing for persons with disabilities who are homeless in Corpus Christi, Texas through
the following outcomes:
1. Hire and train one case manager and build program structure
2. Identify 15-20 individuals through outreach for housing and supportive assistance
3. Secure housing for eight individuals
This is a Reimbursement Agreement. Once CBCIL has services to those in need, CBCIL may submit an
Invoice or Request for Reimbursement to the Contract Administrator for this Agreement. The invoice
or request for reimbursement should include documentation of the services provided and the
expenses incurred by CBCIL. The invoice or request for reimbursement should also include a
summary of the services provided to the homeless persons and the number of people served. CBCIL
should also include demographic information on the homeless persons served, including but not
limited to: age, gender, race, and ethnicity. No information covered by HIPPA is requested.
Reimbursement requests can be sent via email to the City Contract Administrator at:
jenniferb9@cctexas.com.
EXHIBIT B
INSURANCE REQUIREMENTS
I. CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this contract until all insurance required has been obtained
and such insurance has been approved by the City. Contractor must not allow any subcontractor, to
commence work until all similar insurance required of any subcontractor has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates
of Insurance with applicable policy endorsements showing the following minimum coverage by an
insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional
insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation
endorsement is required on all applicable policies. Endorsements must be provided with Certificate of
Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day advance written notice of Bodily Injury and Property Damage
cancellation, non-renewal, material change Per occurrence - aggregate
or termination required on all certificates
and policies.
CRIME/EMPLOYEE DISHONESTY $100,000 Per Claims Made
Contractor shall name the City of Corpus
Christi, Texas as Loss Payee
C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager
with copies of all reports of any accidents within 10 days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a
licensed insurance company. The coverage must be written on a policy and endorsements approved by the
Texas Department of Insurance. The workers' compensation coverage provided must be in statutory
amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All
States Endorsement shall be required if Contractor is not domiciled in the State of Texas.
B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any
extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by
companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of
no less than A- VII.
C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract
and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be
given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to
contain or be endorsed to contain the following required provisions:
• List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement
with regard to operations, completed operations, and activities of or on behalf of the named insured
performed under contract with the City, with the exception of the workers' compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi
where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of
the City; and
• Provide thirty(30)calendar days advance written notice directly to City of any, cancellation,non-renewal,
material change or termination in coverage and not less than ten(10)calendar days advance written notice
for nonpayment of premium.
E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage,
Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City
shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time
during this contract. Failure to provide and to maintain the required insurance shall constitute a material
breach of this contract.
F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any
insurance or policy endorsements to the extent and within the time herein required,the City shall have the
right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to
Contractor hereunder until Contractor demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be
held responsible for payments of damages to persons or property resulting from Contractor's or its
subcontractor's performance of the work covered under this contract.
H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any
insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations
under this contract.
I. It is understood and agreed that the insurance required is in addition to and separate from any other
obligation contained in this contract.
2021 Insurance Requirements
Ins. Req. Exhibit
Professional Services— Crime-Employee Dishonesty
10/26/2021 Risk Management—Legal Dept.
se
F
v AGENDA MEMORANDUM
/NIORPORpI Ep First Reading Ordinance for February 22, 2022
1852 Second Reading Ordinance for March 08, 2022
DATE: January 11 , 2022
TO: Peter Zanoni, City Manager
FROM: Al Raymond, Director Development Services
alraymond�cctexas.com
(361) 826-3276
Easement Closure for RFW AG Limited
CAPTION:
Ordinance abandoning and vacating a 10-foot-wide by approximately 1272.50-feet long
(12,725 sq. ft.) portion of an existing 10-foot-wide easement out of Lot 14-B, Section 21 ,
Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume
37, Page 164, Map Records of Nueces County, Texas, located at 6636
Yorktown Boulevard, Corpus Christi, Texas 78414, conditioned on the dedication of a
replacement easement.
SUMMARY:
The purpose of this ordinance is to close/abandon and vacate a 10-foot-wide
by approximately 1272.50 feet in length (12,725 sq. ft.) existing utility easement. This
closure is in anticipation of a boundary line adjustment by re-plat of the said Lot 14-B
and Lot 15-A, Section 21 , Flour Bluff and Encinal Farm and Garden Tracts (Vol. 50. Pg.
28) The total area of closure request is 0.292 Acres. Additional Utility Easement will
be dedicated by plat as required during the plat process. The applicant proposes to
develop an apartment complex.
BACKGROUND AND FINDINGS:
Urban Engineering, on behalf of RFW AG Limited is requesting the closure of a 10-
foot-wide by approximately 1272.50-feet long (12,725 sq. ft.) portion of an existing
10-foot-wide easement out of Lot 14-B, Section 21 , Flour Bluff and Encinal Farm and
Garden Tracts, a map of which is recorded in Volume 37, Page 164, Map Records
of Nueces County, Texas, located at 6636 Yorktown Boulevard, Corpus Christi, Texas
78414.
AEP has verified that this easement closure will require relocation of powerlines that
are located on the existing property line. There are no other objections to the easement
closure request after informing all public and franchised utilities in the area.
The applicant requesting the utility easement closure has paid the required $1054.00
application fee plus a 4.5% administrative fee, and the easement closure request has
been processed in accordance with Section 49-13 of the City Code of Ordinances.
ALTERNATIVES:
Deny the applicant's request and have the applicant redesign the project.
FINANCIAL IMPACT:
There are no financial impacts associated with the closing of the easement.
FUNDING DETAIL: N/A
Fund:
Organization/Activity:
Mission Element:
Project # (CIP Only):
Account:
RECOMMENDATION:
Staff supports the applicant's request for the easement closure. The closure of the
easement will support a future apartment complex.
LIST OF SUPPORTING DOCUMENTS:
Ordinance with Exhibits
Location Map
Presentation
Ordinance abandoning and vacating a 10-Foot-wide by approximately 1272.50 feet
long (12,725 sq. ft.) portion of an existing 10-Foot-wide easement out of Lot 14-B,
Section 21, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is
recorded in Volume 37, Page 164, Map Records of Nueces County, Texas,
located at 6636 Yorktown Boulevard, Corpus Christi, Texas 78414, conditioned on
the dedication of a replacement easement
WHEREAS, RFW AG Limited (Owner) is requesting the closure, abandonment and
vacating of a 10-Foot-wide by approximately 1272.50 feet long (12,725 sq. ft.) portion of
an existing 10-Foot-wide easement out of Lot 14-B, Section 21 , Flour Bluff and Encinal Farm
and Garden Tracts, a map of which is recorded in Volume 37, Page 164, Map Records of
Nueces County, Texas, and
WHEREAS, it has been determined that it is advantageous to the City of Corpus Christi
to abandon and vacate the 1272.50 Foot easement portion, subject compliance by the Owner
with the conditions specified in the ordinance.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1 . Pursuant to Corpus Christi Code Sec. 49.13, an existing 10-Foot-wide by
approximately 1272.50 feet long (12725 sq. ft.) portion of an existing 10-Foot-wide
easement out of Lot 14-B, Section 21 , Flour Bluff and Encinal Farm and Garden Tracts, a
map of which is recorded in Volume 37, Page 164, Map Records of Nueces County, Texas,
is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owner's
compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is
a metes and bounds description and field notes, "Exhibit B", which is the graphical
representation of the legal, which are attached to and incorporated in this ordinance by
reference as if it was fully set out herein in their entireties. The maintenance responsibilities
for the vacated easement reverts to the Owner of the property.
SECTION 2. The abandonment and vacating of the utility easement described in Section 1 of
this ordinance is expressly conditioned upon the Owner's compliance with the
following requirements:
a. Upon approval by the City Council and issuance of the ordinance, all grants of
public easement closures must be recorded at the Owner's expense in the
real property Official Deed and Map Records of Nueces County, Texas, in
which the affected property is located, with a copy of the recording provided
to the City.
b. Dedication of a 15' wide utility easement via plat or separate instrument to
replace the abandoned easement.
c. Relocation of current power lines on the easement subject to abandonment to
the dedicated replacement easement.
d. Failure to comply with all the conditions outlined in this Ordinance within 180
days will hereby make the Ordinance null and void.
That the foregoing ordinance was read for the first time and passed to its second reading on this
the day of 2022, 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 2022, 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 , 2022.
ATTEST:
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
URBAN
ENGINEERING lob No.:43547.C1.06
November 18,2021;
Exhibit A
0.292 Acre
Easement Closure
STATE OF TEXAS
COUNTY OF NUECES
FIELDNOTES,for a 0.292 Acre,Easement Closure,(not based on an on-the-ground survey)being out of
Lot 14-B, Section 21,Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume 37,
Page 164, Map Records of Nueces County, Texas; said 0.292 Acre, Easement Closure being described by metes
and bounds as follows;
Beginning,at a point on the Northwest Right-of-Way line of Yorktown Boulevard,a public roadway,being
the West corner of the said Lot 14-B,for the Point of Beginning;
Thence,North 29°00'00"East, at 20.00 Feet pass,the South corner of Lot 15-A, Section 21,Flour Bluff
and Encinal Farm and Garden Tracts,a map of which is recorded in Volume 50,Page 28,said Map Records,in all
a distance of 1272.50 Feet,to a point on the Southeast line of an existing 7.5 Wide Utility Easement, as shown on
the recorded plat of the said Lot 14-B,for the North corner of this Easement Closure;
Thence,South 61'00'00"East,with the said Southeast line,a distance of 10.00 Feet,for the East corner of
this Easement Closure;
Thence,South 29°00'00"West,a distance of 1272.50 Feet,to a point on the said Northwest Right-of-Way
line of Yorktown Boulevard,for the South corner of this Easement Closure;
Thence, North 61°00'00" West, with the said Northwest Right-of-Way line of Yorktown Boulevard, a
distance of 10.00 Feet,to the Point of Beginning, containing 0.292 Acre(12,725 Sq.Ft)of Land,more or less.
Bearings are based on the recorded plat of Lot 14-B, Section 21,Flour Bluff and Encinal Farm and Garden Tracts,
a map of which is recorded in Volume 37,Page 164,Map Records of Nueces County,Texas.
Unless this fieldnotes description,including preamble,seal and signature,appears in its entirety,in its original form,,
surveyor assumes no responsibility for its accuracy.
Also reference accompanying sketch of tract described herein.
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DATE: Nov. 18, 2021
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v AGENDA MEMORANDUM
NCapp First Reading for the City Council Meeting of February 22, 2022
x852 Second Reading for the City Council Meeting of March 08, 2022
DATE: February 22, 2022
TO: Peter Zanoni, City Manager
THRU: Steve Viera, Assistant City Manager
SteveV(a-)cctexas.com
(361) 826-3445
FROM: Kevin Smith, Director of Aviation
Kevi n S(a)-cctexas.com
(361) 289-0171
FAA Concessions Rent Relief Airport Rescue Grant relief funds under the American
Rescue Plan Act ("ARP Act"), Public Law 117-2, Section 7102.
Corpus Christi International Airport (CCIA)
CAPTION:
Ordinance appropriating Airport Grant #66 for $281,090.00 from the Federal Aviation
Administration, pursuant to the American Rescue Plan Act ("ARPA"), to provide rent relief to
eligible small and large in-terminal concessions in the amounts of $224,872.00 and $56,218.00,
respectively, located at Corpus Christi International Airport; and amending the FY 2022 Operating
Budget.
Summary:
This ordinance authorizes the appropriation of Airport Grant No. 66 for the amount$281,090 from
the United States Federal Aviation Administration (FAA) American Rescue Plan Act ("ARP Act")
Concessions Rent Relief Airport Rescue Grant Program for providing relief from rent and
minimum annual guarantees (MAG) to each eligible in-terminal airport concession at Corpus
Christi International Airport, in accordance with the American Rescue Plan Act("ARP Act"), Public
Law 117-2, Section 7102.
BACKGROUND AND FINDINGS:
On March 11,2021, the President signed the American Rescue Plan Act of 2021. The Act includes
$8 Billion in funds to be awarded as economic assistance to eligible U.S. Airports to prevent,
prepare for, and respond to the COVID-19 pandemic.
FY 2022 Operating Budget must be amended as the grant will be applied to the Airports revenue
account. This will assist City of Corpus Christi Aviation Department with expenditures for
operating expenses, including relief from rent and minimum annual guarantees (MAG) for eligible
airport concessions such as rental car companies at primary airports and for airport development-
related costs associated with combating the spread of pathogens at the airport.
ALTERNATIVES:
Accepting this grant will allow the City of Corpus Christi Aviation Department to recover
expenditures for operating expenses, including relief from rent and minimum annual guarantees
(MAG) for eligible airport concessions at primary airports and for airport development-related
costs associated with combating the spread of pathogens at the airport. Alternative funding to
recover these costs are currently not available.
FISCAL IMPACT:
Funding is available through acceptance and appropriation of Grant No. 66 for$281,090 through
the Airport Grant Fund(s).
FUNDING DETAIL:
Funding details include:
Fund: Airport Grant Fund (1055)
Mission Element: 274
Projects: FAA Concessions Rent Relief Airport Rescue
Account: 548500
Activity: 690066F
Amount: $281,090
RECOMMENDATION:
Staff recommends approval of this ordinance to appropriate grant totaling $281,090.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Grant Letter and Agreement
Ordinance appropriating Airport Grant #66 for$281,090.00 from the Federal Aviation
Administration, pursuant to the American Rescue Plan Act ("ARPA"), to provide rent
relief to eligible small and large in-terminal concessions in the amounts of
$224,872.00 and $56,218.00, respectively, located at Corpus Christi International
Airport; and amending the FY 2022 Operating Budget.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS:
Section 1. Funding in the amount of$281,090.00 for Federal Aviation Administration ("FAA") Grant No.
3-48-0051-066-2022 is appropriated in the No. 1055 Airport Grants Fund. The grant funds from the FAA,
pursuant to the American Rescue Plan Act ("ARPA"), provide relief from rent and minimum annual
guarantee obligations for eligible small and large in-terminal concessions in the amounts of$224,872.00
and $56,281.00, respectively, located at the Corpus Christi International Airport in order to mitigate effects
stemming from the COV!D-19 pandemic, as detailed under ARPA.
Section 2. The FY2021-2022 Operating Budget, adopted by Ordinance No. 032539, is amended to
increase both revenues and expenditures by $281,090.00.
The foregoing ordinance was read for the first time and passed to its second reading on this the
day of , 2022, 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
, 2022, 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 , 2022.
ATTEST:
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
3-48-0051-066-2022
f
eww
U.S.Department
of Transportation
Federal Aviation
Administration
CONCESSIONS RENT RELIEF AIRPORT RESCUE
GRANT AGREEMENT
Part I -Offer
Federal Award Offer Date January 26,2022
Airport/Planning Area Corpus Christi International Airport,Texas
Concessions Rent Relief
Airport Rescue Grant 3-48-0051-066-2022
Number
Unique Entity Identifier 782001259
TO: City of Corpus Christi,Texas
(herein called the"Sponsor")
FROM: The United States of America (acting through the Federal Aviation Administration, herein
called the "FAA")
WHEREAS,the Sponsor has submitted to the FAA a Concessions Rent Relief Airport Rescue Grant
Application dated July 1, 2022,for a grant of Federal funds to reimburse the Sponsor for providing relief
from rent and minimum annual guarantees (MAG)to each eligible in-terminal airport concession at
Corpus Christi International Airport, in accordance with the American Rescue Plan Act ("ARP Act"),
Public Law 117-2,Section 7102;
WHEREAS,the Sponsor has accepted the terms of this Concessions Rent Relief Airport Rescue Grant
Offer(the "Offer");
WHEREAS, in consideration of the promises, representations, and assurances provided by the Sponsor,
the FAA has approved the Grant Application for the Corpus Christi International Airport, consisting of
the following:
WHEREAS,this Concessions Rent Relief Airport Rescue Grant Agreement(the "Grant" or"Agreement")
is provided in accordance with the ARP Act to provide certain amounts of grant assistance, as described
below,to eligible sponsors in amounts to specific airports derived by legislative formula (See Section
7102 of the Act);
3
3-48-0051-066-2022
WHEREAS,this Grant hereby obligates$224,872 to in-terminal Small Airport Concessions per the ARP
Act, and $56,218 to in-terminal Large Airport Concessions per the ARP Act.The obligations are to
provide relief from rent and MAG obligations, as applicable,to each eligible in-terminal airport
concession in an amount that reflects each eligible in-terminal airport concession's proportional share of
the total amount of the rent and MAG at Corpus Christi International Airport by legislatively prescribed
category(Small or Large Airport Concession), as further defined herein,for relief provided no earlier
than March 11, 2021, in accordance with an FAA-approved Concessions Rent Relief Airport Rescue Plan
(herein called "the Plan"), until the funds have been fully expended;
NOW THEREFORE, in accordance with the applicable provisions of the ARP Act, Public Law 117-2,
Section 7102, the representations contained in the Concessions Rent Relief Airport Rescue Grant
Application, and in consideration of, (a)the Sponsor's acceptance of this Offer for a Grant,the terms,
conditions, and assurances of this Grant Agreement ("Grant Agreement" or"Agreement"); and, (b)the
benefits to accrue to the United States and the public from the accomplishment of the Grant,and in
compliance with the conditions and requirements as herein provided.
THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY
OFFERS AND AGREES to pay 100%of the allowable concessions rent and MAG relief as a result of and
in accordance with this Grant Agreement.
Assistance Listings Number(Formerly CFDA Number): 20.106
This offer is made on and SUBJECT TO THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS:
CONDITIONS
1. Maximum Obligation.The maximum obligation of the United States payable under this Offer is
$281,090, allocated as follows:
$56,218 ARPA Large Concessions KY2022
$224,872 ARPA Small Concessions KZ2022
2. Grant Performance.This Grant Agreement is subject to the following Federal award requirements:
a. The Period of Performance:
1. Shall start on the date the Sponsor formally accepts this Grant and is the date signed by
the last Sponsor signatory to the Grant Agreement.The end date of the Period of
Performance is 4 years (1,460 calendar days)from the date of acceptance.The Period of
Performance end date shall not affect, relieve, or reduce Sponsor obligations and
assurances that extend beyond the closeout of this Grant.
2. Means the total estimated time interval between the start of an initial Federal award and
the planned end date,which may include one or more funded portions, or budget periods.
(2 Code of Federal Regulations (CFR) § 200.1)
b. The Budget Period:
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1. The Budget Period for this Grant is 4 years (1,460 calendar days). Pursuant to 2 CFR §
200.403(h),the Sponsor may charge to the Grant only allowable costs incurred during the
Budget Period.
2. Means the time interval from the start date of a funded portion of an award to the end
date of that funded portion during which the Sponsor is authorized to expend the funds
awarded, including any funds carried forward or other revisions pursuant to§ 200.308.
c. Closeout and Termination.
1. Unless the FAA authorizes a written extension,the Sponsor must submit all Grant closeout
documentation and liquidate (payoff) all obligations incurred under this award no later
than 120 calendar days after the end date of the Period of Performance. If the Sponsor
does not submit all required closeout documentation within this time period,the FAA will
proceed to close out the Grant within one year of the Period of Performance end date with
the information available at the end of 120 days. (2 CFR § 200.344)
2. The FAA may terminate this Grant, in whole or in part, in accordance with the conditions
set forth in 2 CFR§ 200.340 or other Federal regulatory or statutory authorities as
applicable.
3. Unallowable Reimbursable Rent Relief.The Sponsor shall not seek reimbursement for any
concessions rent and MAG relief that the FAA has determined to be unallowable under the ARP Act.
4. Final Federal Share of Reimbursable Rent Relief.The United States' share of allowable Grant
concessions rent relief is 100%.
5. Completing the Grant without Delay and in Conformance with Requirements. The Sponsor must
carry out and provide the concessions rent and MAG relief without undue delays and in accordance
with this Grant Agreement,the ARP Act, and the regulations, policies, standards,and procedures of
the Secretary of Transportation ("Secretary'). Pursuant to 2 CFR § 200.308,the Sponsor agrees to
report to the FAA any disengagement from the project eligible under the Grant that exceeds three
months or a 25% reduction in time devoted to the Grant, and request prior approval from FAA.The
report must include a reason for the stoppage. The Sponsor agrees to comply with the attached
assurances,which are part of this Agreement and any addendum that may be attached hereto at a
later date by mutual consent.
6. Amendments or Withdrawals before Grant Acceptance.The FAA reserves the right to amend or
withdraw this Offer at any time prior to its acceptance by the Sponsor.
7. Offer Expiration Date.This Offer will expire and the United States will not be obligated to pay any
part of the costs unless this Offer has been accepted by the Sponsor on or before February 28,
2022, or such subsequent date as may be prescribed in writing by the FAA.
8. Improper Use of Federal Funds.The Sponsor must take all steps, including litigation if necessary,to
recover Federal funds spent fraudulently,wastefully,or in violation of Federal antitrust statutes,or
misused in any other manner, including uses that violate this brant Agreement,the ARP Act, or
other provision of applicable law. For the purposes of this Grant Agreement,the term "Federal
funds" means funds however used or dispersed by the Sponsor that were originally paid pursuant
to this or any other Federal grant agreement(s).The Sponsor must return the recovered Federal
share, including funds recovered by settlement, order, or judgment,to the Secretary. The Sponsor
must furnish to the Secretary, upon request, all documents and records pertaining to the
determination of the amount of the Federal share or to any settlement, litigation, negotiation, or
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3-48-0051-066-2022
other efforts taken to recover such funds.All settlements or other final positions of the Sponsor, in
court or otherwise, involving the recovery of such Federal share require advance approval by the
Secretary.
9. United States Not Liable for Damage or Injury.The United States is not responsible or liable for
damage to property or injury to persons that may arise from,or relate to,this Grant Agreement,
including, but not limited to, any action taken by a Sponsor related to or arising from, directly or
indirectly,this Grant Agreement.
10. System for Award Management(SAM) Registration and Unique Entity Identifier(UEI).
a. Requirement for System for Award Management(SAM): Unless the Sponsor is exempted from
this requirement under 2 CFR 25.110,the Sponsor must maintain the currency of its
information in SAM until the Sponsor submits the final financial report required under this
Grant, or receives the final payment,whichever is later. This requires that the Sponsor review
and update the information at least annually after the initial registration and more frequently if
required by changes in information or another award term. Additional information about
registration procedures may be found at the SAM website (currently at http://www.sam.pov).
b. Unique entity identifier(UEI) means a 12-character alpha-numeric value used to identify a
specific commercial, nonprofit, or governmental entity. A UEI may be obtained from SAM.gov
at https://sam.gov/SAM/pages/public/index.isf.
11. Electronic Grant Payment(s). Unless otherwise directed by the FAA,the Sponsor must make each
payment request under this agreement electronically via the Delphi elnvoicing System for
Department of Transportation (DOT) Financial Assistance Awardees.
12. Air and Water Quality.The Sponsor is required to comply with all applicable air and water quality
standards for all concessions rent and MAG relief provided under this Grant. If the Sponsor fails to
comply with this requirement,the FAA may suspend, cancel, or terminate this Grant Agreement.
13. Financial Reporting and Payment Requirements.The Sponsor will comply with all Federal financial
reporting requirements and payment requirements, including submittal of timely and accurate
reports.
14. Buy American. Unless otherwise approved in advance by the FAA, in accordance with 49 United
States Code (U.S.C.) § 50101,the Sponsor will not acquire or permit any contractor or subcontractor
to acquire any steel or manufactured goods produced outside the United States to be used for any
project for which funds are provided under this grant.The Sponsor will include a provision
implementing Buy American in every contract.
15. Audits for Sponsors.
PUBLIC SPONSORS. The Sponsor must provide for a Single Audit or program-specific audit in
accordance with 2 CFR Part 200.The Sponsor must submit the audit reporting package to the
Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at
hitP://harvester.census.gov/facwet)l. upon request of the FAA,the Sponsor shall provide one copy
of the completed audit to the FAA. Sponsors that expend less than $750,000 in Federal awards and
are exempt from Federal audit requirements must make records available for review or audit by the
appropriate Federal agency officials,State, and Government Accountability Office.The FAA and
other appropriate Federal agencies may request additional information to meet all Federal audit
requirements.
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16. Suspension or Debarment.When entering into a "covered transaction" as defined by 2 CFR §
180.200,the Sponsor must:
a. Verify the non-Federal entity is eligible to participate in this Federal program by:
1. Checking the excluded parties list system (EPLS) as maintained within the System for
Award Management(SAM)to determine if the non-Federal entity is excluded or
disqualified; or
2. Collecting a certification statement from the non-Federal entity attesting the entity is not
excluded or disqualified from participating;or
3. Adding a clause or condition to covered transactions attesting the individual or firm is not
excluded or disqualified from participating.
b. Require prime contractors to comply with 2 CFR§ 180.330 when entering into lower-tier
transactions (e.g.,subcontracts).
c. Immediately disclose to the FAA whenever the Sponsor(1) learns the Sponsor has entered into
a covered transaction with an ineligible entity,or(2)suspends or debars a contractor, person,
or entity.
17. Ban on Texting While Driving.
a. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging
While Driving, October 1, 2009,and DOT Order 3902.10,Text Messaging While Driving,
December 30, 2009,the Sponsor is encouraged to:
1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted
drivers, including policies to ban text messaging while driving when performing any work
for, or on behalf of,the Federal government, including work relating to this Grant or
subgrant funded by this Grant.
2. Conduct workplace safety initiatives in a manner commensurate with the size of the
business, such as:
A. Establishment of new rules and programs or re-evaluation of existing programs to
prohibit text messaging while driving; and
B. Education, awareness, and other outreach to employees about the safety risks
associated with texting while driving.
b. The Sponsor must insert the substance of this clause on banning texting while driving in all
subgrants, contracts, and subcontracts funded by this Grant.
18. Trafficking in Persons.
a. You as the recipient,your employees, subrecipients under this Grant, and subrecipients'
employees may not—
1. Engage in severe forms of trafficking in persons during the period of time that the award is
in effect;
2. Procure a commercial sex act during the period of time that the award is in effect; or
3. Use forced labor in the performance of the award or subawards under this Grant.
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b. The FAA as the Federal awarding agency may unilaterally terminate this award,without
penalty, if you or a subrecipient that is a private entity–
1. Is determined to have violated a prohibition in paragraph a. of this condition; or
2. Has an employee who is determined by the agency official authorized to terminate the
Grant Agreement to have violated a prohibition in paragraph a. of this condition through
conduct that is either–
A. Associated with performance under this Grant Agreement; or
B. Imputed to the subrecipient using the standards and due process for imputing the
conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB
Guidelines to Agencies on Government-wide Debarment and Suspension
(Nonprocurement),"as implemented by the FAA at 2 CFR Part 1200.
c. You must inform us immediately of any information you receive from any source alleging a
violation of a prohibition in paragraph a. of this condition during this Grant Agreement.
d. Our right to terminate unilaterally that is described in paragraph a. of this condition:
1. Implements section 106(8) of the Trafficking Victims Protection Act of 2000,as amended
(22 U.S.C. § 7104(g)), and
2. Is in addition to all other remedies for noncompliance that are available to the FAA under
this Grant Agreement.
19. Employee Protection from Reprisal.
a. Prohibition of Reprisals —
1. In accordance with 41 U.S.C. §4712,an employee of a grantee or subgrantee may not be
discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a
person or body described in sub-paragraph a2. of this condition, information that the
employee reasonably believes is evidence of:
a. Gross mismanagement of a Federal grant;
b. Gross waste of Federal funds;
c. An abuse of authority relating to implementation or use of Federal funds;
d. A substantial and specific danger to public health or safety;or
e. A violation of law, rule,or regulation related to a Federal grant.
2. Persons and bodies covered:The persons and bodies to which a disclosure by an employee
is covered are as follows:
a. A member of Congress or a representative of a committee of Congress;
b An Inspector General;
c. The Government Accountability Office;
d. A Federal employee responsible for oversight or management of a grant program
at the relevant agency;
e. A court or grand jury;
f. A management official or other employee of the Sponsor, contractor, or
subcontractor who has the responsibility to investigate, discover, or address
misconduct; or
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g. An authorized official of the Department of Justice or other law enforcement
agency.
3. Submission of Complaint—A person who believes that they have been subjected to a
reprisal prohibited by paragraph a. of this section may submit a complaint regarding the
reprisal to the Office of Inspector General (OIG)for the U.S. Department of Transportation.
4. Time Limitation for Submittal of a Complaint— A complaint may not be brought under this
subsection more than three years after the date on which the alleged reprisal took place.
5. Required Actions of the Inspector General — Actions, limitations, and exceptions of the
Inspector General's office are established under 41 U.S.C. §4712(b).
6. Assumption of Rights to Civil Remedy— Upon receipt of an explanation of a decision not
to conduct or continue an investigation by the Office of Inspector General,the person
submitting a complaint assumes the right to a civil remedy under 41 U.S.C. §4712(c).
20. Limitations. Nothing provided 'herein shaii be construed to limit, cancel, annul, or modify the terms
of any Federal grant agreement(s), including all terms and assurances related thereto,that have
been entered into by the Sponsor and the FAA prior to the date of this Grant Agreement.
21. Face Coverings Policy.The Sponsor agrees to implement a face-covering (mask) policy to combat
the spread of pathogens.This policy must include a requirement that all persons wear a mask, in
accordance with Centers for Disease Control (CDC)and Transportation Security Administration (TSA)
requirements, as applicable, at all times while in all public areas of the airport property, except to
the extent exempted under those requirements.This special condition requires the Sponsor
continue to require masks until Executive Order 13998, Promoting COVID-19 Safety in Domestic and
International Travel is no longer effective.
22. Small and Large Concessions Rent Relief Set-Asides.The Sponsor agrees that funds under this
Grant are available for the Sponsor to provide relief from rent and MAG to eligible in-terminal Small
Airport Concessions, per the Act, in the amount listed in condition 1 above, and for the Sponsor to
provide relief from rent and MAG to eligible in-terminal Large Airport Concessions, per the Act, in
the amount listed in condition 1 above.The Sponsor shall provide relief from rent and MAG from
March 11, 2021, until the Sponsor has provided relief equaling the total grant amount, to the extent
practicable and to the extent permissible under State laws, local laws, and applicable trust
indentures.
23. Concessions Rent Relief Airport Rescue Plan.The Sponsor agrees to submit to the FAA a
Concessions Rent Relief Airport Rescue Plan ("the Plan") identifying the in-terminal Small and Large
Airport Concessions, as defined in 49 CFR§ 23.3, eligible to receive proportional funding under this
Grant, in accordance with the ARP Act.The Sponsor agrees that the FAA will reimburse the Sponsor
after the FAA accepts the Plan submitted by the Sponsor.The Sponsor agrees the Plan will include
all elements as prescribed by the FAA to facilitate review of reimbursement payments that comply
with the ARP Act.
24. Small Airport Concessions Rent Relief Set-Aside.The Sponsor's Plan must specify relief from rent
and MAG obligations to eligible in-terminal Small Airport Concession, meaning a small concession
business with gross receipts, averaged over the previous three fiscal years,of less than $56,420,000;
or joint ventures as defined in 49 CFR§ 23.3.The Sponsor agrees that relief provided to eligible in-
terminal Small Airport Concessions will be a proportional share based on rent and MAG collected
during a baseline time-period.
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25. Large Airport Concessions Rent Relief Set-Aside.The Sponsor's Plan must specify relief from rent
and MAG obligations to eligible in-terminal Large Airport Concessions, meaning a concession as
defined in 49 CFR§ 23.3,that has gross receipts, averaged over the previous three fiscal years,of
more than $56,420,000. The Sponsor agrees that relief provided to eligible in-terminal Large Airport
Concessions will be a proportional share based on rent and MAG collected during a baseline time-
period.
26. Adjustments to Proportionality among Airport Concessions.
a. Adjustments to Proportionality among Airport Concessions Set-Aside. The Sponsor agrees
that the FAA may approve reimbursement under the Act for rent and MAG relief provided to
eligible in-terminal Airport Concessions on a proportional share based on rent and MAG
collected during a baseline time-period. Adjustments from this proportionality amongst Airport
Concessions within a respective Small or Large Concession Set-Aside are limited; must be
supported by evidence and specific circumstances; and must be approved by the FAA prior to
reimbursement. The Sponsor agrees the Plan will include all elements as prescribed by the FAA
to facilitate review of reimbursement payments that comply with the ARP Act.
b. Adjustments between Small and Large Concession Set-Asides.The Sponsor agrees that the
FAA may approve reimbursement under the Act for concessions rent and MAG relief provided
to eligible in-terminal Airport Concessions on a proportional share based on rent and MAG
collected during a baseline time-period. Adjustments from this proportionality between Small
and Large Concession Set-Asides are limited, must be supported by evidence and specific
circumstances,and must be approved by the FAA prior to reimbursement.The Sponsor agrees
the Plan will include all elements as prescribed by the FAA to facilitate review of
reimbursement payments that comply with ARP Act.
27. Sponsor Certification of Reimbursement Request.To be reimbursed,the Sponsor shall provide the
FAA with the Plan,and reporting data as requested, in lieu of invoices, and shall certify all
information submitted is true and correct.The Sponsor may not use funds allocated herein for
other airport purposes.
28. Concession's Certification of Relief Funds. Each airport concession to be provided relief with Grant
funds shall certify to the Sponsor, prior to the Sponsor submitting a Plan, it has not and will not
apply for other Federal assistance for the purpose of receiving rent and MAG relief on or after
March 11, 2021.
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The Sponsor's acceptance of this Offer and ratification and adoption of the Grant Application
incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter
provided, and this Offer and acceptance shall comprise a Grant, as provided by the ARP Act, constituting
the contractual obligations and rights of the United States and the Sponsor with respect to the
accomplishment of the purpose of the ARP Act and compliance with the conditions as provided herein.
Further,this Grant, inclusive of all terms, conditions, and assurances provided there, and become
effective upon the Sponsor's acceptance of this Offer.
Please read the following information: By signing this document,you are agreeing that you have
reviewed the following consumer disclosure information and consent to transact business using
electronic communications,to receive notices and disclosures electronically,and to utilize electronic
signatures in lieu of using paper documents. You are not required to receive notices and disclosures or
sign documents electronically. If you prefer not to do so,you may request to receive paper copies and
withdraw your consent at any time.
Dated January 26,2022
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
Je Carrige n 26,2022 03:18 CST)
(Signature)
Jesse Carriger
(Typed Name)
Manager,Texas ADO
(Title of FAA Official)
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Part II -Acceptance
The Sponsor does hereby ratify and adopt all assurances,statements, representations,warranties,
covenants, and agreements contained in the Grant Application and incorporated materials referred to in
the foregoing Offer under Part I of this Grant Agreement, and does hereby accept this Offer and by such
acceptance agrees to comply with all of the terms and conditions in this Offer and in the Grant
Application and all applicable terms and conditions provided for in the ARP Act and other applicable
provisions of Federal law.
Please read the following information: By signing this document,you are agreeing that you have
reviewed the following consumer disclosure information and consent to transact business using
electronic communications,to receive notices and disclosures electronically, and to utilize electronic
signatures in lieu of using paper documents. You are not required to receive notices and disclosures or
sign documents electronically. If you prefer not to do so,you may request to receive paper copies and
withdraw your consent at any time.
I declare under penalty of perjury that the foregoing is true and correct. 1
Dated January 28,2022
City of Corpus Christi,Texas
(Name of Sponsor)
c�t�l�2 VG�GZ
Steve Viera(Jan 28,2022 16:39 CST)
(Signature of Sponsor's Designative Oficial/Representative)
By: Steve Viera
(Type Name of Sponsor's Designative Official/Representative)
Title: Assistant City Manager
(Title of Sponsor's Designative Official/Representative)
1 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C.
Section 1001 (False Statements) and could subject you to fines, imprisonment,or both.
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CERTIFICATE OF SPONSOR'S ATTORNEY
I, Elizabeth Hundley , acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the
laws of the State of Texas . Further, I have examined the foregoing Grant Agreement and the actions
taken by said Sponsor and Sponsor's official representative has been duly authorized and that the
execution thereof is in all respects due and proper and in accordance with the laws of the said State and
the ARP Act.The Sponsor understands funding made available underthis Grant Agreement may only be
used for concessions and MAG Relief. Further, it is my opinion the foregoing Grant Agreement
constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof.
Please read the following information: By signing this document,you are agreeing that you have
reviewed the following consumer disclosure information and consent to transact business using
electronic communications,to receive notices and disclosures electronically, and to utilize electronic
signatures in lieu of using paper documents. You are not required to receive notices and disclosures or
sign documents electronically. If you prefer not to do so,you may request to receive paper copies and
withdraw your consent at any time.
Dated at January 31,2022
By:
Elizabeth Hundley(Jan 31,2022 A:12 CST)
(Signature of Sponsor's Attorney)
13
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WoRPORPg4 AGENDA MEMORANDUM
1852 City Council Meeting of February 22, 2022
DATE: February 22, 2022
TO: Peter Zanoni, City Manager
FROM: Neiman Young, PhD., Assistant City Manager
neimany@cctexas.com
361-826-3898
Community Enrichment Fund
STAFF PRESENTER(S):
Name Title/Position Department
1. Neiman Young Assistant City Manager Executive
ISSUE:
Presentation briefing on proposed revisions to the Community Enrichment Fund (CEF) policy,
and recommendation of FY 2022 Community Enrichment Fund Budget in the amount of
$2,803,266 for Council consideration via public hearing on March 22, 2022.
BACKGROUND:
City Council has requested City Staff give a presentation detailing the Community Enrichment
Fund and the collection of park development fees. In addition, the City Auditor has been tasked
with reviewing the fund to detail the historical expenditures made against the account.
In response to the City Council's request, staff from the City Manager's Office, Parks and
Recreation Department, Strategic Innovation Office, Finance Department, Development
Services Department, and Legal Department have been researching the topic. Additionally,
these offices have also been developing recommended changes to simplify the park
development fee process and make expenditures against the Community Enrichment Fund
more transparent.
As with any major policy revision, the Staff sought stakeholder feedback on the proposed
changes. This included meetings with the Coastal Bend Home Builder's Association and the
Parks and Recreation Advisory Committee.
LIST OF SUPPORTING DOCUMENTS:
PowerPoint— Community Enrichment Fund
Proposed Community Enrichment Fund Ordinance Amendment
Proposed FY 2022 Community Enrichment Fund Budget
Ordinance amending the Unified Development Code (UDC) to rename the
Community Enrichment Fund as Park Development Fund, establish a flat fee
per dwelling unit for fee in lieu of land dedication, indexing future years' fee
in lieu of land dedication to Consumer Price Index, eliminating the Park
Development Fee, and authorizing Park Development fund expenditures
within the applicable Area Development Plan for park land acquisition or
development.
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 during a meeting of the Planning Commission and
with proper notice to the public, an additional public hearing was conducted 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 8 "SUBDIVISION DESIGN AND IMPROVEMENTS", Section 8.3
"Public Open Space", Subsection 8.3.1 "Purpose", is amended by adding the following language
that is underlined (added) and deleting the language that is stricken (deleted) as delineated
below:
8.3.1. Purpose
A. The purpose of this Section is to provide City planned recreational areas in the
form of public parks as a function of the subdivision of land for residential uses
and site development in the City.
B. Public parks are those public open spaces providing for a variety of outdoor
recreational opportunities and located within convenient distances from a
majority of the residences to be served. The primary cost of public parks should
be borne by the City with the assistance of the ultimate residential property
owners who, by reason of the proximity of their property to such parks, shall be
the primary beneficiaries of such facilities.
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SECTION 3. UDC Article 8 "SUBDIVISION DESIGN AND IMPROVEMENTS", Section 8.3
"Public Open Space", Subsection 8.3.4 "Community Enrichment Fund", is amended by adding
the following language that is underlined (added) and deleting the language that is stricken
(deleted) as delineated below:
8.3.4. EAFi +h. PAP P„nd Park Development Fund
A. A special fund is established for the deposit of all sums paid in lieu of land dedication
in accordance with this Section or any preceding regulations. The fund shall be
known as the "QGMmi,nity Cnrinhmen+ #P4 Park Development Fund."
B. The City shall account for all sums paid in lieu of land dedication under this Section
with reference to the individual plats involved. Any funds paid for such purposes
shall be expended by the City within seven years from the date received by the City
for acquisition or development of public parks. Such funds shall be considered to be
spent on a first-in, first-out basis. If not so expended, the owners of the property on
the last day of such period shall be entitled to a pro rata refund of such sum,
computed on a square footage of area basis. The owners of such property shall
request such refund in writing within 12 months of the last day of the seven-year
period, or such refund right shall be terminated.
SECTION 4. UDC Article 8 "SUBDIVISION DESIGN AND IMPROVEMENTS", Section 8.3
"Public Open Space", Subsection 8.3.6 "Fee in Lieu of Land", is amended by adding the
following language that is underlined (added) and deleting the language that is stricken
(deleted) as delineated below:
8.3.6. Fee in Lieu of Land
A. The City may require a fee in lieu of land dedication. Such payment in lieu of land shall
be made at or prior to the time of filing the final plat or prior to the issuance of a building
permit where a plat is not required. (Ordinance 029727, 01/22/2013)
B. The fee in lieu of land dedication requirement shall be met by a payment of$462.50
per dwelling unit. The fee in lieu of land dedication will be adjusted each January
1 , with the first adjustment January 1 , 2024, by the cumulative percentage increase
in the Consumer Price Index -All Urban Consumers, U. S. City Average - All Items
(1982-84=100) as measured from the previous year.
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7 Cnr n,,rPnses of nnmr�ii�n the fair market "�li,e of pFepeFty ,nriable \ in ti' e
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deter�p-d by a MAI r--peirtifiPecdreal estate .ter pFaioor at the dee p peRse• r�r
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b. The aGt iol P irnhase Prino of th�noper4� yirle-pG d h" the eyelnpersmesi
Ilors ($62,599.99) se�orr onr Te Lois-rarr rmn;rkcetyali,e non may be rtQvMStQd ons
d61FiRg the ,
year 2912 b6idget. Tge foir morkef vuiue-Gan may be adj6istedhoses A-A aR
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C. If the City accepts the fee in lieu of land, the fees shall be placed in the City's
('nmm,,nit y Gnrinhmonf C„nd Park Development Fund and shall be used within the
applicable area development plan. In the Southside Area Development Plan, fees in
lieu of land collected for subdivisions south of Saratoga Boulevard shall be used within
areas south of Saratoga Boulevard, and fees in lieu of land collected for subdivisions
north of Saratoga Boulevard shall be used within areas north of Saratoga Boulevard.
In the Padre Island/Mustang Island Area Development Plan, fees in lieu of land
collected for subdivisions on Mustang Island shall be used on Mustang Island, and
fees in lieu of land collected for subdivisions on Padre Island shall be used on Padre
Island. fer the ar-3qu+s++i en}e.n.t-ef. ReighbeFheed Gmmi1nity andJ G
likely fn servo o s-H-bdiyisinn shall in nn y+ose be Iny+ofeyl more then five miles from the
t aGGessihility, iny+l,1dinn 7
rl see �/ .freeways, es;n ahlestrimdies water
(9r� nQ-22-Q9-72 ,-i--9422/2Cyd
D. ('nmm„nity Gnriy+hmen+ C„nd Park Development Funds '''"'me ries shall be used GRIY fe
paFkland aG96106itien and paFk rde.,elepmeRt for the acquisition of land for a public park
and/or development or construction of improvements for a public park including utility
extensions required to serve recreational areas.
SECTION 5. UDC Article 8 "SUBDIVISION DESIGN AND IMPROVEMENTS", Section 8.3
"Public Open Space", Subsection 8.3.7 "Park Development Fee", is amended by adding the
following language that is underlined (added) and deleting the language that is stricken
(deleted) as delineated below::
6v7rF-a rw r k DevelopMent-Fe'e-
,
ea Tdeyeleper shall p o Rork DAVAIGPMeRt Fee Gf $299 PeF dWallinn i TQ fee
shall beTevievsy ty a City rniinnil only r�nne eY t eaFG nrl May he revise,)
eE1--fes e�'�y�a,Ta�,,,-�����,��
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o
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SECTION 6. UDC Article 8 "SUBDIVISION DESIGN AND IMPROVEMENTS", Section 8.3
"Public Open Space", Subsection 8.3.8 "Park Development Improvements", is amended by
adding the following language that is underlined (added) and deleting the language that is
stricken ® as delineated below:
8.3.8. Park Development Improvements
A developer may propose to construct the public park improvements in lieu of the park
development fees described in Subsection 8.3.6. Before the City can approve the
developer's proposal, a recommendation is required from the Director of the Parks and
Recreation Department. All improvements either shall be financially guaranteed or
accepted by the City prior to the filing of a final plat in the case of platted developments
or prior to issuance of certificates of occupancy in the event that plat approval is not
required. The process of financial guarantee shall be the same as that found in
Subsection 8.1 .10 and shall be used whether a plat approval is required or not. Once
improvements are accepted by the City, the developer shall deed the property and
improvements to the City.
SECTION 7. 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 8. 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.
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That the foregoing Ordinance was read for the first time and passed to its second reading
on this day, the day of 2022, 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 2022, 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
2022.
ATTEST:
Rebecca Huerta Paulette Guajardo
City Secretary Mayor
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Park Exp. Category Exp.Total
District 1
Westgate Park Playground Equipment 39,521.51
Academy Park Playground Equipment 17,593.62
Hudson Parl Playground Equipment 17,593.62
Shoreline Medians Light Fixture replacements 4,915.00
District Total: 79,623.75
District 2
Collier Park IPlayground Equipment 23,716.65
District Total: 23,716.65
District 3
Schanen Park Playground Equipment 39,521.51
Glen Arbor Park Playground Equipment 17,593.62
Schanen Park Hike& Bike Trail 73,518.83
Almanza Park Surface 16,516.22
District Total: 147,150.18
District 4
Oso Place Park Playground Equipment 23,716.65
South Bay Park Playground Equipment 23,716.65
Cullen Park Playground Equipment 39,521.51
Dan Whitworth Park Playground Equipment 39,521.51
Aquarius Park IPlayground Equipment 1 17,593.62
Paul Jones Sports Facility I Minor Street Improvements 50,226.90
District Total: 194,296.84
District 5
St. Andrews Park Playground Equipment 39,521.51
Sugar Park Playground Equipment 17,593.62
Brockhampton Park Playground Equipment 43,716.65
Middlecroff Park Surface 20,423.99
Breckenridge Park ISurface 20,434.35
District Total: 1 141,690.12
Park Exp. Category Exp.Total
District 1
Blucher Park I Restoration 25,078.23
Sherrill Park IShade Structure 1 7,515.00
West Guth Park Rubber Surfacing 62859.08
District toal 95,452.31
District 2
Collier Park I Rubber Surfacing 65,947.42
Lindale Park ISplash Pad 617,185.55
District Total 683,132.97
District 3
Parking Lot
Greenwood Pool Improvements 14,818.26
Salinas Park Splash Pad 56,813.14
District Total 71,631.40
District 4
Hans Suter Wildlife Ref. Restoration 15,829.14
Oso Park Rubber surfacing 59,315.75
South Bay Park Rubber surfacing 59,015.75
Dan Whitwork Park Rubber Surfacing 55,685.36
Cullen Park Rubber Surfacing 55,685.36
Hans Suter Wildlife Ref. Invasive plant removal 4,352.00
District Total 249,883.36
District 5
Bill Witt Splash Pad 651,485.67
St. Andrews Park Rubber Surfacing 56,011.64
Sugar Park Rubber Surfacing 42,714.59
Brockhampton Park Rubber Surfacing 63,172.18
District total 813,384.08
All Districts
Public Art Collection
Assesment 6,463.01
Park Expenditure Category Expenditure Total
District 1
Shoreline Medians Median Improvements 39,009.60
Blucher Park Restoration Project 2,700
Sherrill Park Shade Structure 5,887.42
Labonte Park Trees 74,950.00
West Guth Park Trees 50,000.00
Hudson Park Rubber Surfacing 40,214.59
District Total 212,761.61
District 2
Cole Park Pier Reconstruction project 1,249,188
Lions Park Trees 5,950.00
Mike Zepeda Park Trees 4,250.00
Lincoln Park Trees 6,800.00
Lindale Park ITurf 46,806.05
District Total 1,312,994.05
District 3
Schanen Parks Rubber Surfacing 52,245.74
Salinas Park Turf 54,393.23
Greenwood Pool Parking Lot Improvements 96,453.00
Los Encinos Park Trees 55,850.00
Glen Arbor Park Rubber Surfacing 40,214.59
District Total 299,156.56
District 4
North Pope Park Rubber Surfacing 40,215
Aquarius Park Rubber Surfacing 40,214.59
District Total 80,429.59
District 5
Bill Witt ITurf 64,329.97
Bill Witt Park ISite Plan 27,498.99
District Total 91,828.96
All Districts
10 Yr PRMP 45,199.19
Park Shade Structures 247,145.94
Total All Districts 292,345.13
Total%from
District 1 Proposed Budget
Year Total CEFExpenditures $2,803,266.00
2019 79,623.75
2020 95,452.31
2021 212,762
Proposed 2022
Budget 343,750 12%
Total 731,588
District 2
Year Total CEFExpenditures
2019 23,716.65
2020 683,132.97
2021 1,312,994.05
Proposed 2022
Budget 1 365,661.00 13%
Total 12,385,504.67
District 3
Year Total CEFExpenditures
2019 147,150.18
2020 71,631.40
2021 299,156.06
Proposed 2022
Budget 450,000.00 16%
Total 967,937.64
District 4
Year Total CEFExpenditures
2019 194,296.84
2020 249,883.36
2021 80,429.59
Proposed 2022
Budget 338,750.00 12%
Total 1863,359.79
District 5
Year Total CEFExpenditures
2019 141,690.12
2020 813,384.08
2021 91,828.96
Proposed 2022
Budget 1,305,105.00 47%
Total 2,352,008.16
All 5 Districts
Year Total CEFExpenditures
2019 0.00
2020 6,463.01
2021 292,345.13
Proposed 2022
Budget 1 0.00
Total 1298,808.14
ER
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Will
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Community Enrichment Fund
Unified Development Code (UDC) Language:
o The purpose of Public Open Space is to provide recreational areas in the form of
public parks as a function of the subdivision of land for residential uses and site
development in the City.
o Open space via land dedication or fees is established in the UDC
• In order to ensure that the land is planned for at the start of the development stage
• Ensures the Parks Department is linked with the platting and plan review process
o Currently, there are two methods the City uses to gain open space as a result of new
development:
• Land Dedication versus Fee in Lieu of Land (FILO)
• Park Development Fee versus Park Development Improvements
Land Dedication vs Fee in Lieu of Land (FILO)
8.3.5. Land Dedication. Whenever a final plat is filed of record within the City's jurisdiction for development of a
residential subdivision,such plat shall contain a dedication of an area of land within the subdivision to the City for park
purposes.
o For subdivisions where all lots are for single-family housing types,the dedication requirement shall be determined by the
ratio of 1 acre for each 100 proposed dwelling units.
8.3.6. Fee in Lieu of Land.The City may require a fee in lieu of land dedication.
o The fee in lieu of land dedication requirement shall be met by a payment proportional to the amount of land required
to be dedicated
o The Assistant City Manager over Development Services shall determine the amount of the fee in lieu of land dedication
based on the following formula: (A x V) = M.
• A=The amount of land required for dedication
• V=The fair market value(per acre)of the property to be subdivided,as established by an approved method.
• M =The number of dollars to be paid in lieu of dedication of land.
o The fair market value,variable V, may not exceed sixty-two thousand five hundred dollars($62,500.00)
per acre.
Open Space:
o The purpose of Public Open Space is to provide recreational areas in the form of public parks as a function of the subdivision of land for
residential uses and site development in the City.
o Currently,there are two steps a developer must follow for the City uses to gain open space as a result of new development:
• Dedicate Land for Parks Space or Pay a Fee in Lieu of Land (FILO) -AND- Pay a Park Development Fee or Make Park Development
Improvements
Plat 1 Dwelling Units(DU)
Land Dedication(1 acre per 100 DU) 1 acre
Fee in lieu of land(FILO) 1 x$62,500=$62,500
(Ax V)=M
A=amount of land required for dedication
V=fair market value(per acre)of property
M=dollars to be paid in lieu of land
Park Development Fee($200 x#of DU) $200 x 100=$20,000
Total $82,500
Challenges in the Current Process -
Budet Line Items
• Fees were assigned to budget line items for each contributing development; this led to at least 165
budget lines being created.
• Budget line items naming convention is not standardized and does not allow for the quick identification
of the contributing development.
• Budget line items are no longer being created. Therefore, new funding is being assigned to legacy budget
lines.
• Parks and Recreation Department does not have a detailed process to prioritize and communicate CEF
investments in the community.
Challenges in the Current Process -
Formula Based Fee Structure
• Current ordinance requires developer to dedicate 1 acre per 100 dwelling units in
accordance with a formula-based calculation.
• In addition to the formula-based calculation, the current ordinance has required a
separate park dedication fee.
• This practice has led to flaws in the open space process and miscommunication
between City staff and the development community.
• Proposed - Simplify the FILO Five Mile Radius Requirement
(Area Development Zones)
DOWNTOWN
PADRE
AGF ISLAND
NORTHWEST sj� MIDTOWN
AIRPORT
FLOUR
SOUTHSIDE - - _
T 3 BLUFF
LONDON'
• Area Development Zones are almost in keeping with UDC five-mile requirement
• Simplifies accounting process and allows for more transparency
• Will reverse a problematic legacy process that has been in place for a decade
• Use of the Area Development Zones will address overlaps and ensure that the park fees remain in the region of each development
Proposed — Simplify the Community Enrichment Fees
Staff and the development community negotiated a flat fee of$462.50 in order to maintain the Park and
Recreation Department's current level of service.
FILO=Fee in Lieu of
PDF=Park Dev.Fee
CURRENT: 100 Acre Development at 6 houses per Acre DU=Dwelling unit
Acre price(Average) Roof tops(6 DU perAcre) FILO(#acres per 100 DUs) PDF(*per DU) FILO PDF CEF Total CEF=Community Enrichment Fee
$ 25,000.00 6001 6 $ 200.00 1 $150,000.00 1 $120,000.00 1 $270,000.00
Proposed: 100 Acre Development at 6 houses per Acre
Acre price(Average) Roof tops(6 DU per Acre) I FILO(#acres per 100 DUs) JPDF(*per DU) IFILO JPDF ICEF Total
$ 25,000.00 1 600 N/A 1 $ 462.50 1 $ $ 277,500 1 $ 277,500
600 DU Example 1500 DU Example
Current $ 270,000.00 Current $675,000.00
Proposed $ 277,500.00 Proposed $693,750.00
Difference $ 7,500.00 Difference $ 18,750.00
Proposed — Establish Methodology for CEF Expenditures
0)"r,
• Establish an annual CEF Budget
o Capital Budget
o Improvements in Established Parkland
o Parks and Recreation Master Plan
o Emerging Priorities
• Update financial policy to require the City Manager to present a proposed CEF
budget during the annual Operating Budget and Capital Budget process
o Staff Recommended
o City Manager Reviewed
o Public Town Halls for Input and Feedback
o Council Adopted
i
i
Proposed FY 2022 Community Enrichment Fund Budget
Requests for Information ( RFI )
RFI #1 — Planning Commission
• What percentage of developments dedicated land for park space over
the last ten years?
o Response: Less than 1%. Over the last 10 years, staff was only able to find four
developments whose land was accepted for park space
A k
IL
RFI #2 — Planning Commission
• What percentage of the General Fund are other Texas cities dedicating to their
Parks and Recreation Budget?
Parks Budget as%of GF
Houston 2.72% tz
Dallas 6.45%
Ft.Worth 6.70%
to
Corpus Christi 6.77%
San Antonio 7.72%
rlington 7.76% $
EI Paso 7.98%
Austin 9.75% 6
..........
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Houston Dallas Ft.Worth Corpus Christi San Antonio Arlingtor EI Paso
RFI #3 — City Council
• Are medians included in the City's record of park acreage?
o Response: Yes. According to the 2012 Parks Recreation and Masterplan:
Purpose of the Inventory
The Corpus Christi Parks and Recreation Department is currently
responsible for the operation and maintenance of 2178 parks and
recreation facilities. These facilities include parks,medians,nature
preserves,beaches and boat ramps. In total,the park system
encompasses over 2,100 acres.
Source:
2012 PRIMP,Page 32 of 151,cover.psd(cctexas.com)
RFI #4 — City Council
• How much revenue would be generated if the Park Development Fee
was raised from $200 to $250 and the FILO left static?
Fees collected w/ updated Park Development Fee
(100 Dwelling Unit Example)
HOU FT.W CC SA DAL LLP ARL AUS
RFI #5 — City Council
• How has residential development trended in the City over the last 10 years?
N:
200) 2021 Resitlenbal Plat Lo�tlons
200)'2021 k stlenoal Pla[s Heatmap
4MIle
RFI #6 — City Council
• Can we split the larger Area Development Zones (i.e. Southside and Padre Island)?
DOWNTOWN
MUSTANG
ISLAND
NQRTHEAST MfDTOWN
I
MEMO
F= SOUTHSIDE-A
.S4UTHSJDE-_B _ FLOUR -
BLUFF
LONDON
s mM..
RFI #7 — City Council
• How much parkland (Federal, State, County, City) is there within the City Limits?
Park Name Acreage
County (Inland) Hazel Bazemore (1/2) 39 acres
County (Inland) Barber Lane 5 acres
County (Coastal) Padre Balli 374.5 acres
County (Coastal) Packery Channel 58.1 acres
State Mustang Island 3,954 acres
Total: 4,430.6 acres
City Park Acres: 2,100 acres
Grand Total: 6,530.6 acres
Recommendations
• Amend UDC to rename the "Community Enrichment Fund"to the "Park Development Fund".
• Amend the UDC to dissolve the five-mile radius requirement and restrict the use of Fee in Lieu of Land funding
to the City Area Development Zone of the contributing residential development.
• Change the FILO from a formula-based fee to a flat rate per dwelling unit. FY22 fee is recommended to be
$462.50 per dwelling unit.
• Dissolve Park Development Fees.
• Adopt the proposed FY22 Community Enrichment Fund Budget.
• Update budget finance policy to require the City Manager to present a proposed CEF budget with the Operating
Budget and Capital Budget.
Recommendations (Continued )
• Remove language allowing for a refund of fees if not spent within seven years.
• Assistant City Manager of Park and Recreation shall determine the amount of the FILO.
Actions
Actions Taken
• Assembled CEF Work Group (P&R, Innovation, DSD, Finance, Legal, Budget)
• Reviewed UDC and Assessed Current CEF Policy
• Conducted Comparative Analysis of Other Texas Cities
• Identified Challenges with Current Policy and Developed Recommendations to Repair System and Align Corpus Christi w/
Comparable Cities
• Received Feedback from Parks and Recreation Advisory Committee and the Coastal Bend Home Builders'Association
Actions Forward
• Planning Commission Public Hearing February 23, 2022
• Newspaper Publication for Council Public Hearing March 7,2022
• Public Hearing(City Council) March 22, 2022
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Questions?