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HomeMy WebLinkAboutAgenda Packet City Council - 09/13/2022 o',A-)5r.,f,�r s City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 _ x w cctexas.com \ Meeting Agenda - Final-revised City Council Tuesday, September 13, 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 Guajardo to call the meeting to order. B. Invocation to be given by Pastor Rick Barrera, Believe Church. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag will be led by Yvette Hazzard, Senior at Mary Carroll High School. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. Corpus Christi Metropolitan Planning Organization Update b. Summer Season Review by Brett Oetting, President/CEO of Visit Corpus Christi C. Conquer the Coast 2022 on Saturday, September 17 City of Corpus Christi Page 1 Printed on 9/12/2022 City Council Meeting Agenda-Final-revised September 13,2022 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. BOARD &COMMITTEE APPOINTMENTS: 1. 22-1560 Coastal Bend Council of Governments (2 vacancies) Corpus Christi Convention & Visitors Bureau (7 vacancies) Ethics Commission (3 vacancies) Watershore and Beach Advisory Committee (1 vacancy) H. EXPLANATION OF COUNCIL ACTION: I. CONSENT AGENDA: (ITEMS 2-12) 2. 22-1561 Approval of the August 25, 2022 Budget Workshop Minutes sponsors: City Secretary's Office Consent-Second Reading Ordinances 3. 22-1119 Ordinance amending the FY 2021-22 Operating budget to appropriate $2,000,000 of anticipated revenues and expenditures in the Fleet Maintenance Fund due to increased fuel costs. Sponsors: Office of Management and Budget Consent- Contracts and Procurement 4. 22-1353 Resolution authorizing a five-year lease-purchase agreement with Axon Enterprise, Inc., of Scottsdale, Arizona, in the amount of$1,521,900.00 for the purchase of 445 tasers, supplies, software licenses, and training for the Police Department, with funding of$304,380.16 requested in the FY 2023 budget from the Crime Control and Prevention District and Police Grants Fund. sponsors: Police Department and Finance &Procurement 5. 22-1411 Motion authorizing a three-year service agreement with T7 Enterprises, LLC, dba Reliable Tire Disposal, for the tire collection and City of Corpus Christi Page 2 Printed on 9/12/2022 City Council Meeting Agenda-Final-revised September 13,2022 recycling/disposal services, in an amount not to exceed $202,500.00, with FY 2022 funding of$5,625.00 from the General Fund. sponsors: Solid Waste Operations and Finance &Procurement 6. 22-1564 Resolution authorizing the expenditure of additional funds in the amount of $280,398.18 for the acquisition of 19 previously approved vehicles and equipment for various departments, with FY 2022 funding of$59,065.00 for four purchases and the balance of$221,333.18 for the remaining purchases and lease-purchases from future FY 2023 funding, subject to appropriation. sponsors: Asset Management Department and Contracts and Procurement 7. 22-1404 Resolution authorizing the acquisition of 15 vehicles and equipment by various departments, of which five units will be outright purchases and 10 units will be lease-purchases through JP Morgan, for an estimated total of $3,288,795.82, with such items to be acquired in the manner, at the amounts, and from the sources stated, with FY 2022 funding of $536,630.69 for the purchases and the remaining balance of $2,752,165.13 for the lease-purchase items from future FY 2023 funding, subject to appropriation. sponsors: Asset Management Department and Finance & Procurement 8. 22-1308 Motion authorizing a three-year service agreement with eLynx Technologies, LLC, of Tulsa, Oklahoma, in an amount not to exceed $255,737.32 for the purchase of a web-based Supervisory Control and Data Acquisition (SCADA) system suite for Gas Operations, with FY 2022 funding from the Gas Fund. sponsors: Gas Department and Finance &Procurement 9. 22-0617 Motion authorizing a two-year service agreement with Corpus Groundworks, LLC, of Corpus Christi, for utility worksite restoration services at various locations for Corpus Christi Water in an amount not to exceed $95,705.80, with FY 2022 funding of$15,950.97 from the Water and Wastewater Funds. sponsors: Corpus Christi Water and Finance &Procurement Consent- Capital Projects 10. 22-1248 Motion awarding a construction contract to Viking Industrial Painting, Inc., Omaha, Nebraska, for Alameda & Gollihar Elevated Storage Tank Rehabilitations in an amount of$2,072,640.00 located in City Council District 3 (Gollihar Elevated Storage Tank) and District 2 (Alameda Elevated Storage Tank), with FY 2022 funding available from the Water Fund. sponsors: Engineering Services, Corpus Christi Water and Finance &Procurement General Consent Items City of Corpus Christi Page 3 Printed on 9/12/2022 City Council Meeting Agenda-Final-revised September 13,2022 11. 22-1421 Resolution authorizing payment of$1,003,635.42 for the annual renewal of Excess Liability and Workers' Compensation policy through Broker of Record, Carlisle Insurance Agency, for upcoming policy year October 1, 2022 - September 30, 2023 sponsors: Legal Department 12. 22-1585 Motion authorizing an Addendum to the Agreement for the City-Operated Corpus Christi-Nueces County Public Health District identifying Nueces County membership contributions for FY 2022-2023 of$1,765,296 for Public Health Services and $1,567,620 for 1115 Waiver services for a total contribution of$3,332,916. sponsors: Health Department J. RECESS FOR LUNCH K. PUBLIC HEARINGS: L. INDIVIDUAL CONSIDERATION ITEM: (ITEMS 13) 13. 21-0770 Motion authorizing a professional services contract with Ardurra Group, Inc, Corpus Christi, Texas, to provide design, bid, and construction phase services for a new clarifier, odor control equipment, filter and chemical feed improvements and drainage improvements at the Broadway Wastewater Treatment Plant in an amount not to exceed $845,575.00, located in Council District 1, with FY 2022 funding available from Wastewater Capital Fund. sponsors: Engineering Services, Corpus Christi Water and Finance &Procurement M. FIRST READING ORDINANCES: (ITEMS 14 - 17) 14. 22-1499 Ordinance authorizing acceptance of grant funds in an amount of $184,929.55 from the Texas Department of Transportation for the 2023 Comprehensive Selective Traffic Enforcement Project for overtime for police officers to increase traffic enforcement in the City, with a City match of$46,247.50 in fringe benefits and fuel expenses, with funds available from the FY 2023 General Fund; and appropriating $184,929.55 in the Police Grants Fund. sponsors: Police Department 15. 22-1236 Ordinance amending sections 57-231, "Denial, suspension and revocation of permit-procedure, appeal"; 57-233, "Promulgation of wrecker regulations"; 57-243, "Responding to calls"; and 57-249, "Maximum auto wrecker service and storage fees" of the City Code and providing for severance, publication, and an effective date of October 1, 2022. sponsors: Police Department 16. 22-1459 Ordinance appropriating $6,135 from the unreserved fund balance of the City of Corpus Christi Page 4 Printed on 9/12/2022 City Council Meeting Agenda-Final-revised September 13,2022 Type B Economic Development Fund for board members to attend the Texas Municipal League annual conference and amending the FY 2022 operating budget adopted by Ordinance 032539 by increasing expenditures by $6,135. sponsors: Finance &Procurement 17. 22-1559 Ordinance ratifying a grant contract with the Texas General Land Office (GLO) in the amount of$127,000 to collect and analyze recreational beach water samples for the period of September 1, 2022, through August 31, 2023, appropriating $127,000, amending the operating budget, and funding one grant position. Sponsors: Health Department N. BRIEFINGS: (ITEM 18) 18. 22-1448 City of Corpus Christi - Council Chambers Modernization Project sponsors: Engineering Services O. APPEALS OF A DECISION OF THE BUILDING STANDARDS BOARD: (ITEM 19) The Appeals will proceed using the following format: 19. 22-1463 Appeal of the Building Standards Board's order to demolish dilapidated/substandard structures located at 625 Atlantic Street owned by Armando B. De Los Santos and Amelia G. De Los Santos. sponsors: Neighborhood Services P. EXECUTIVE SESSION: (ITEMS 20 -22) 20. 22-1569 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, lease, or value of real property rights for desalination and water treatment, transmission, and storage facilities, including areas at or near the (1) the Inner Harbor Ship Channel Seawater Desalination Site at or in the vicinity of Nueces Bay Blvd, Summers St., Palm Dr., John St., and Broadway Street, Nueces Bay Heights Subdivision, Sunset Place Subdivision, and the Industrial Canal and (2) the La Quinta Channel Seawater Desalination Site involving various properties between Highway 361 and the La Quinta Ship Channel and areas in and adjacent to said locations, (3) other water rights and contracts for the purchase of water including, but not limited to, water related permits on or near the Colorado River, Waldron Road, Laguna Madre, Oso Bay, and/or the Mary Rhodes Pipeline (4) applications for water rights permits, discharge permits, and other permits from the Texas Commission of Environmental Quality and/or the U.S. Army Corps of Engineers and pursuant to Texas Government Code § 551.072 to City of Corpus Christi Page 5 Printed on 9/12/2022 City Council Meeting Agenda-Final-revised September 13,2022 deliberate the purchase, exchange, lease, or value of real property (including, but not limited to, property (water) rights at or in the vicinity of the aforementioned locations) because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. 21. 22-1570 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 contract(s) for the purchase of management services and related services for the American Bank Center (ABC Center) and Chapters 252 and 271 of the Texas Local Government Code. 22. 22-1584 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 permitting, siting, land use, and other legal issues for solid waste disposal, including composting and solid waste transfer stations, and the purchase, exchange, lease, or value of real property rights for property at, adjacent to, and/or in the vicinity of Holly Road and Bush Street, the J.C. Elliott Transfer Station, and/or Greenwood Drive & Highway 286 and Texas Government Code § 551.072 to discuss and deliberate the potential purchase, exchange, and/or value of the aforementioned areas of real property because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. Q. ADJOURNMENT City of Corpus Christi Page 6 Printed on 9/12/2022 COASTAL BEND COUNCIL OF GOVERNMENTS Two(2)vacancies with terms to 4-30-23,with one(1)being a regular member and one(1)alternate.[City Manager is recommending the new appointments of Neiman young(Regular Member)and Gabriel Hinojosa(Alternate)]. Duties The Coastal Bend Council of Governments shall prepare and recommend to participating local governments urban,metropolitan,and rural area plans, looking to the present and future needs of the Region. Such plans may include recommendations for land use,traffic circulation,major streets and highways,general location of public works,the development of major educational facilities,and related problems of development. Composition City shall appoint nine(9)members for two years(but terms shall be at the complete discretion of the City Council),at least four(4)being elected officials. Creation/Authority Meets Member size Term length/limit Liaison Ordinance No.8246,Motion 4th Friday,2:00 p.m.;Council 9 2 years/N/A John Buckner M83-0391-7/20/83. Ch.391, of Government(COG) Texas Local Government Code Name Term Appt.date End date Appointing Authority Status Category Andrea Gardner 1 12/14/2021 4/30/2023 City Council Resigned Sarah Munoz 1 12/14/2021 4/30/2023 City Council Resigned Alternate Roland Barrera 1 5/11/2021 4/30/2023 City Council Active Ben Molina 3 5/11/2021 4/30/2023 City Council Active Gil Hernandez 1 5/11/2021 4/30/2023 City Council Active Michael T.Hunter 3 5/11/2021 4/30/2023 City Council Active Peter Collins 1 12/14/2021 4/30/2023 City Council Active Tammy Embrey 1 12/14/2021 4/30/2023 City Council Active Sony Peronel 1 12/14/2021 4/30/2023 City Council Active Alternate Esteban Ramos 1 12/14/2021 4/30/2023 City Council Active Michael Rodriguez 11 12/14/2021 4/30/2023 ICity Council JActive 9-13-2022 CORPUS CHRISTI CONVENTION&VISITORS BUREAU Seven(7)vacancies with term to 10-1-24,representing the following categories:4-Community At-Large,2-Restaurant,and 1-Attraction Industry. (The CCCVB is making the following recommendations: REAPPOINTMENTS:Sam Canavati(At-Large),Gabriele Hilpold(At-large),Daniel Suckley(At-Large)and Jennifer Vela (Attraction). REALIGNMENT:Realignment of Sam Canavati from the At-Large to the Restaurant Industry category. NEW APPOINTMENTS:Natalie Villarreal(At- Large)and Chris Hamilton(At-Large).Jeremy Clayton(At-Large)is the alternate recommendation. REINSTATEMENT:Richard Lomax(Restaurant)exceeded the number of absences allowed by ordinance but is seeking reinstatement. Duties The Corpus Christi Convention&Visitors Bureau solicits various organizations and associations to conduct meetings/conventions/tradeshows within Corpus Christi year- round;to promote the City as a year-round destination;to design and implement an advertising campaign with state,national and international coverage to feature the Corpus Christi area as an attractive region in which to vacation or have conventions or group meetings;to provide support services to conventions in Corpus Christi;to operate visitor information centers;to provide information and advice to businesses interested in tourism and convention-related business in the Corpus Christi area; and to advise the City on projected growth of tourism and convention-related businesses to assist City planning efforts. Composition CCCVB shall be governed by a board of directors(BOARD),which must be composed of seventeen(17)voting members,with thirteen(13)will be selected directly by the City Council.Those members must be representatives of the following groups:3-lodging industry;3-attraction industry;2-restaurant industry;and 5-community at-large. The following persons or entities,or their designees or representatives,shall serve as additional voting members of the Board by virtue of position held:The Mayor or designee,City Manager or designee,General Manager of the Corpus Hooks and Director of Corpus Christi International Airport.The following persons or entities,or their designee or representatives,shall serve as additional non-voting members of the Board by virtue of position held:State Representative from district 32 or designee,State Representative 34 or designee,Director of Regional Transportation Authority,President&CEO of Port of Corpus Christi or designee,President&CEO of Corpus Christi Regional Economic Development Corporation,General Manager of American Bank Center and Athletic Director of Texas A&M University Corpus Christi or designee.Appointments will be for two-year staggered terms. No person may serve as a voting member of the Board for a period longer than six years consecutively, unless such service is required by virtue of the person's position or title or to complete an unexpired term.The CCCVB may make recommendations to the City Council for lodging,attraction and restaurant industry and community at-large directors as directors'terms expire,but the CCCVB always shall nominate one(1)more individual as an alternate per category than the total number of positions available.Appointments will be made by City Council from the provided list with consideration of nominations by the CCCVB Nominations and Executive Committees and Board. Creation/Authority Motion No.2006-209,7/11/06;Motion No.2006-243,7/25/06;Motion No.2010-282,11/16/10;Motion No.2013-028,2/12/13;Motion No.2014-155,11/18/14; Amended By-Laws,8/31/17;Motion No.2019-173,10/15/19;Motion No.2020-195,9-22-2020;Motion No.2021-125,6-15-2021 Meets Member size Term length/limit Liaison 3rd Thursday of every month, 24 2 years/6 years Brett Oetting 11:30a.m.,American Bank Center. 9-13-2022 Appointing Name District Term Appt.date End date Authority Position Status Category Attendance Seeking Community At Sam Canavati District 5 2 9/11/2018 10/1/2022 City Council reappointment Large 8/9 meetings-89% Seeking CommunityAt- Gabriele Hilpold District 4 Partial 10/12/2021 10/1/2022 City Council reappointment Large 7/9 meetings-78% Seeking Community At- Daniel R Suckley District 4 2 9/11/2018 10/1/2022 lCity Council reappointment Large 8/9 meetings-89% Other/Non- Seeking Jennifer Vela Resident 1 9/29/2020 10/1/2022 City Council reappointment Attraction Industry 9/9 meetings-100% Met the six-year Community At- Ed Cantu District 5 3 2/9/2016 10/1/2022 City Council service limitation Large Not Seeking Restaurant Mitchell Kalogridis District 4 1 9/29/2020 10/1/2022 lCity Council reappointment Industry Seeking Restaurant Richard Lomax District 4 1 9/29/2020 10/1/2022 City Council reinstatement Industry 6/9 meetings-67% Deven S Bhakta District 5 1 10/12/2021 10/1/2023 City Council Active Lodging Industry Other/Non- Blanche Morris Resident 1 9/29/2020 10/1/2023 City Council lActive Lodging Industry Other/Non- Amy Granberry Resident 1 10/12/2021 10/1/2023 City Council Active Lodging Industry Other/Non- Lance N Hancock Resident 1 10/12/2021 10/1/2023 City Council Active Attraction Industry Johnny Philipello District 4 3 1/10/2017 10/1/2023 City Council Chair jActive Attraction Industry Community At- Ramon J.Pineda District 4 1 5/11/2021 10/1/2023 City Council Active Large Ex-Officio, C.C.Hooks General Brady Ballard 1 N/A N/A C.C.Hooks Voting Active Manager Ex-Officio, Interim CEO Mike Culbertson 1 N/A N/A ICCREDC Non-voting Active CCREDC Ex-Officio, Jorge Cruz-Aedo N/A N/A N/A City Council Non-voting Active RTA Ex-Officio, Paulette Guajardo 1 11011112021 N/A Voting Active Mayor 9-13-2022 Appointing Name District Term Appt.date End date Authority Position Status Category Attendance State Rep. Ex-Officio, State Rep.Dist.34 Abel Herrero 1 N/A N/A District 34 Non-voting Active or designee Ex-Officio, Port of C.C. Lisa Hinojosa District 4 1 N/A N/A City Council Non-voting Active Authority State Rep. Ex-Officio, State Rep.Dist.32 Todd Hunter 1 N/A N/A 1 District 32 Non-voting Active or designee Texas A&M Ex-Officio, Athletic Director or Jon Palumbo District 4 1 N/A N/A University-C.C. Non-voting Active designee Ex-Officio, Kevin Smith 1 N/A N/A City Council Voting Active C.C.Intl.Airport America Bank Ex-Officio, ABC General Paul Turner 11 N/A N/A Icenter Non-voting Active Manager Ex-Officio, City Manager or Peter Zanoni 1 1 N/A N/A I Voting Active designee 9-13-2022 CORPUS CHRISTI CONVENTION &VISITORS BUREAU Applicants Name District Status Category At-Large Lodging Industry Attraction Industry Blanca M Anderson District 4 Applied Restaurant Industry Ulysses Arrigoitia District 4 Applied At-Large At-Large Attraction Industry Sam Canavati District 5 Seeking reappointment Restaurant Industry At-Large Jeremy C Clayton District 4 Applied Lodging Industry At-Large Michelle Fraedrick District 4 Applied Restaurant Industry *Chris Hamilton District 5 Applied At-Large Gabriele Hilpold District 4 Seeking reappointment At-Large At-Large Richard Lomax District 4 Seeking reappointment Restaurant Industry At-Large Chris A Pena District 3 Applied Restaurant Industry Elizabeth Riggle District 2 Applied At-Large **Daniel R Suckley District 4 Seeking reappointment At-Large At-Large JenniferJ Vela Other/ Non-Resident Seeking reappointment Attraction Industry Natalie C Villarreal District 1 Applied At-Large Timothy Weitzel District 1 Applied At-Large *Currently serves on the Corpus Christi Regional Economic Development Corporation. If appointed, resignation is not required. **City Council Candidate. Resignation from the board is not required unless elected. CITY OF CORPUS CHRISTI Submit Date:Aug 04, 2022 Application for a City Board, Commission, Committee or Corporation Profile Blanca M Anderson First Name Middle Initial Last Name Email Address 1113 Black Buck Ln Street Address Corpus Christi TX 78418 City State Postal Code What district do you live in? W District 4 Current resident of the city? r Yes r No If yes, how many years? 2.5 Mobile: (214) 281-2852 Business: (361) 949-8815 Primary Phone Alternate Phone Sunset Island Senior Staff Manager Employer Job Title - Work Address- Street Address and Suite Number 13313 S Padre Island Dr Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78418 Rlnnrn KA Anriorcnn Work Phone 214-281-2852 Work E-mail address blanca,mesinas@sunsetisland.cc Preferred Mailing Address W Work Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? rYes (-. 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? no Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? rYes t' No Demographics Gender W Female Rlnnrn AA Anrinrcnn 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 c 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 is No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? • Lodging Industry >•J Attraction Industry • Restaurant Industry Rlnnnn AA Anrinrcnn 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 Rlnnrrn AA AnAarcnn 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 Rlnnrrn KA Anrlorcnn BLANCA ANDERSON 10111 i 1 cc 214-281-2852 1113 Black Buck Ln. Corpus Christi, TX 78418 PROFILE A dedicated, outcome-oriented professional with a focus on growing customer- centric business and building experiences people love. I managed to develop a complete funnel as a business manager. I developed strategies that helped convey the right message to target audience and increase revenue. Business Manager/ Growth/ Business Strategy/ Marketing/ Organization Innovation, EXPERIENCE November Sunset Island, Corpus Christi, TX. 2019-Present Senior Staff Manager • Manage all bars to include drink menu, hiring, scheduling, training, purchasing, creating promotions • Manage retail stores. Responsibilities include merchandise purchasing, staffing, scheduling. Store layout, creating promotions. • Manage social media for all entities of Sunset Island. Snoopy's, Scoopy's, Marker 37. Created content, respond to comments. • Manage all private events from initial correspondence to execution of the actual event. September201 The Viera Senior Living, Corpus Christi, Tx 9- November Assistant Lifestyle Coordinator 2019 • Daily planning and facilitating recreational, social and relaxation events and activities. • Implement Activities that accommodate those with special needs. • Promoting events and encouraging participations. Handling the logistics of events, activities, excursions. The Legacy @ Willow Bend, Plano, TX Dining Room Supervisor November Responsible for all front of the house duties for an 2014- upscale retirement community, consisting of September Independent Living with 200 Residents, Assisting 2019 Living with 120 Residents, and Memory Care with 30 Residents. • Interview, Hiring, Training, Coaching, Scheduling. Promote and ensure company values. KEY SKILLS AND CHARACTERISTICS Customer Service Excel, Word, Microsoft Management Office. •Training Marketing • Bilingual POS Inventory System Spanish/English Operation • Strong Communication Skills Page 2 CITY OF CORPUS CHRISTI Submit Date: Aug 15, 2022 Application for a City Board, Commission, Committee or Corporation Profile Ulysses Arrigoitia First Name Last Name Email Address 302 Circle Dr. Street Address Corpus Christi TX 78412 City State Postal Code What district do you live in? W District 4 Current resident of the city? r Yes r No If yes, how many years? 4 Mobile: (860) 713-9504 Business: (361) 857-0998 Primary Phone Alternate Phone Spectrum Reach Advertising Manager Employer Job Title Work Address- Street Address and Suite Number 4060 SPID Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78411 1 Ilvccoc Orrinnitin Work Phone 361.857.0998 Work E-mail address ulysses.arrigoitia@charter.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? 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 If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) None Why are you interested in serving on a City board, commission or committee? I can contribute with marketing and advertising expertise. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No I Ilvccoc Arrinnitin No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? 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) Ilxrccoc Arririnitin Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Ilvccoc Arrinnitin Consent for Release of information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath 1 swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree 1 Ilvccoc Orrinnitin Ulysses Arrigoitia Greater Corpus Christi Area p ` 860-713-9504 ® linkedin.comiiniulyssesa Summary Dynamic leader and articulate communicator with a talent for developing highly motivated teams with the mutual goal of company growth and profitability. I am known for inspiring teams to achieve corporal goals and follow through with assignments at the highest level. I am driven to achieve success, in every undertaking, utilizing motivational leadership and business acumen to produce record-breaking results, including over 100% year-on- year base revenue increases. Financial Leadership, Operational Excellence, Performance Management, and TV-Radio-Digital Market Results are assets in action demonstrated throughout my career. Achieving and exceeding revenue, curtailing cost, and driving towards record-breaking results are paramount. Achieved key results by... • Team empowerment • Community involvement • Strategic planning • Strong political alliances • Consumer research • Collaborative leadership • Cross-functional management • Operational excellence Civic Involvement Developed cost-effective campaigns in numerous community efforts including • St. Jude Children's Hospital Radiothon • Educational Awareness Campaign • Don't Drive Distracted Campaign • 1st Annual Univision Career Fair • Hispanic Heritage Month Community Champion Recognition Experience Sales Manager Spectrum Reach Jun 2018 - Present (3 years 3 months +) Our core purpose as the markets sales leader is to build and direct a cohesive team of Advertising Account Executives, develop market approach plans, create, communicate and execute sales plans and other market initiatives to meet and exceed expected revenue goals. The team of Advertising Account Executives are responsible for developing, servicing and maintaining a base of local clients Ulysses Arrigoitia - page 1 and/or agencies purchasing advertising on our 300+ cable TV channels, and our digital audience network of online and mobile websites. o Vice President & General Manager MundoFox 2014 -2015 (2 years) Recruited to launch a MundoFox affiliate and its digital platforms. Tasked with building a team to execute sales, production, news, promotions, social media engagement, public relations, and community engagement. Developed strategic plans to achieve rapid revenue growth, brand recognition, ratings and public service initiatives. Responsible for technical aspects of signal delivery and building new office and studio facilities. Senior Vice President & General Manager Entravision Communications 2004 -2014 (11 years) Led range of functional divisions for Univision/Unimas, LATV television and WNUE-FM radio and its associated websites. Functional areas included sales, marketing, finance, human resources, community relations, and operations. Professional achievements include: *Development and execution of strategic plans impacting the reversal of the declining automotive business resulting in a 51% YOY revenue increase and up to 44% YOY growth in sales for the local automotive category. *Credited for leading community events with cross-functional teams raising funding for: -St. Jude Children's Hospital Radiothon -Educational Awareness Campaign -Don't Drive Distracted Campaign -Hispanic Heritage Month community Champion Recognition *Achieved 44% net revenue growth for Univision, earning a reputation as the fastest growing station among 22 other Univision affiliate stations. General Manager Mega Communications 2003 - 2004 (2 years) Monitored ratings, directed operations, and developed action plans to improve station performance. Professional achievements include: • Improved the positioning and image of Hispanic media among local advertisers by drafting a rebuttal book depicting the value and significance of the Hispanic audience. • Promoted a cohesive work environment, ascertaining needs, forecasting future growth, and strategizing with staff, that resulted to a leaner, more productive business model. N General Sales Manager Hispanic Broadcasting Corporation 1994 -2003 (10 years) Developed sales programs and monitored sales activities, pricing and forecast and budget attainment. Professional achievements include: • Contributed to margin improvement by optimizing cost structure through the creation of an inventory tracker system and cost per point analysis tool. • Controlled major accounts for a staff of 11, resolved escalated client issues and created new revenue- generating programs. Operations Consultant Fleming Foods 1982 - 1994 (13 years) Provided consultation and advice to independent grocery operators on sales and operational efficiencies. Liaised with the grocery operators on a daily basis in ensuring the achievement of sales, profit and market share objectives. Improved operational systems and conductive competitive and SWOT analysis. Developed Actionable Plans for improvement leveraging Managing by Objectives methodology. Licenses & Certifications Advanced Broadcast Management - Notre Dame, IN Karrass Effective Negotiations Skills Broadcast • Television • Advertising • Radio • Digital Media • Management Leadership Social Media • Marketing Strategy • Video Production Honors & Awards Top 25 Most Influential Hispanics in Central Florida Ad Council PSA Station of the Year Registro Newspaper Executive of the Year Entravision Best Market Proposal of the Year Ulysses Arrigoitia - page 3 CITY OF CORPUS CHRISTI Submit Date:Aug 09, 2022 Application for a City Board, Commission, Committee or Corporation Profile Sam Canavati First Name Last Name Email Address 6817 Meadowbreeze 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? 46 Mobile: (361_) 765-8884 Mobile: (36.1)_ 765-8884 Primary Phone Alternate Phone Durrill Properties Chief Operations Officer Employer Job Title Work Address - Street Address and Suite Number 615 S. Upper Broadway Work Address - City Corpus Christi Work Address - State Texas Work Address-Zip Code 78401 Cf3m r nnfaxinti Work E-mail address samc@durrillproperty.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: Not at this time. Education, Professional and/or Community Activity (Present) Graduate from Texas State University. Chief Operations Officer at Durrill Properties. Special Olympics Volunteer, Chairman of the Board for Leadership Corpus Christi, Graduate of Leadership Corpus Christi Class 39. Why are you interested in serving on a City board, commission or committee? I would like to serve on a City board for several reasons.The primary reason is to help our city grow and prosper. I have lived in Corpus Christi my entire life, and I truly believe that this city has more potential than almost anywhere else in the United States. Education is also very important to me, and I believe that it should be the foundation in creating better communities. I have always believed in doing the right thing and helping people, and by serving on this board I will be able to do just that. Are you an ex-Officio member of a City Board, commission or committee? r Yes r No Demographics Gender J Male Code of Ethics- Rules of Conduct/Conflicts of Interest Cnm ( fannxifati 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? 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) Quesfon applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W Attraction Industry W Restaurant Industry Cnm (''nnnX1nti 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. J I Agree Cnm r''nnn%/nti Oath 1 swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Cnm (�nnwnti CITY OF CORPUS CHRISTI Submit Date: Sep 27, 2021 Application for a City Board, Commission, Committee or Corporation Profile Mr. Jeremy C Clayton Prefix First Name Middle Initial Last Name Email Address 15245 Capstan St. Street Address Corpus Christi TX 78418 City State Postal Code What district do you live in? " W District 4 Current resident of the city? Yes r No If yes, how many years? 20 Mobile: (361) 960-7873 Business: (361) 949-0430 Primary Phone Alternate Phone Padre Escapes Vacation Rentals_ Managing Partner Employer Job Title Work Address- Street Address and Suite Number 14945 S. Padre Island Dr. Work Address - City Corpus Christi Work Address - State TX Work Address -Zip Code 78418 �Ar loromw r ('Inxitnn Work Phone 361-949-0430 Work E-mail address jeremy@padreescapes.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? r• Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) BBA In Business Administration with Emphasis on Marketing from TAMUCC Halfway through MBA at TAMUCC Coastal Conservation Member Surfrider Foundation Member Trout Unlimited Member If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) I only applied for one. Why are you interested in serving on a City board, commission or committee? Because I believe I can have a meaningful impact and help the city continue in the positive direction it's been going while also give a voice to the (legal) short-term rental community. Jolcad a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No AAr loromw (' ( InxAnn 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? (. Yes r No Demographics Gender W Male Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NC" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) hAr loromv (` r'In%Ann 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? 111 Lodging Industry Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 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. I1 I Agree AAr loromv r (`ln%rtnr, 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. 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 KAr lornmv r (`Inxitnn JEREMYWORK EXPERIENCE MANAGING PARTNER CLAYTON PADRE ESCAPES I March 2013 - Present • Founding Partner of Padre Escapes Vacation Rentals. • Manage up to 100 employees across 5 departments. MANAGINGCollaborate with department managers on new ideas, • strategies, &department performance. PARTNER • Responsible for acquiring new property owners tojoin Padre Escapes,over 300 properties added. • Senior level participant in all aspects of the business. • Budget forecasting for peak and non-peak seasons based on SKI LLS past performance and current market conditions. Review financial documents of potential condominium complexes during RFP process to assess past performance Leadership,teamwork, and find opportunities to increase revenue generation. management • Monthly reconciliation of property owner statements Data analysis for data-driven management Budget management&planning • Prepare and present reports on rental performance to Financial property owners at quarterly&annual association meetings. . • operations Implement& manage dynamic pricing software, Beyond Analytics tracking & reporting Dynamic rate Pricing,to maximize nightly rental rates& revenue. Marketing campaign management management Identify trends in rates,occupancy, booking source,customer Client& demographics, location, property size, bed size&more to find vendor • &address market needs&opportunities. • Define customer personas&how to best reach them at different stages of the customer journey. COMMUNITY Research,design,& manage digital advertising including SEO, SEM,targeted marketing to guests&new owners, retargeting, Surfrider • •' •Montessori website content,e-mail campaigns&social media ads. School ' CorpusAnalyze campaign data to provide actionable insights on Visit Corpus Christi Laguna Little performance of seasonal marketing campaigns. League Baseball Manage property listings including property descriptions Coastal • •n Association Unlimited photos,&videos. Trout • Manage advertising channels such as VRBO,AirBnB,etc. • Work with third party vendors to design company website, app,&implementing new operations management systems. ACADEMIC HISTORY Research,implement&train staff on new technologies to improve user experience&improve company efficiency. Texas A&M University-Corpus Christi • Troubleshoot issues within property management system, AdministrationBachelor of Business website,&other 3rd party platforms. • Oversee guest experience,ensuring every guest has a pleasant stay& resolving any customer issues. REFERENCES OWNER/OPERATOR Doug Covered Up Surf & Skate LLC 1 2008 - 2013 Client with Padre Escapes • Developed &presented business plan to acquire start-up • •0• capital from financial institutions&investors. doug@goshaw.com e Managed all aspects of the business. • Strategically selected store location&negotiated terms of Mike Thompson lease,designed &merchandised store layout. Account •resentative, Patagonia • Researched industry trends to discover new opportunities. • • Planed &executed traffic driving events such as art shows, mike—thornpson@patagonia.commovie premieres,&surf contests. • Directed on-air commercials,TV&radio production. • Developed surf team to compete in regional competitions. CONTACT DETAILS PLATFORMS •.• Escapia Property Management System, Beyond Pricing, Behome247, Breezeway,Google Analytics,Google Ads,Google 15245 Capstan St. My Business, Facebook Business Manager,Wordstream,Asana, Zoom,Canva, Microsoft 365 including Excel,Word, Powerpoint, Corpus Outlook,Adobe Pro, Rush,&Spark CITY OF CORPUS CHRISTI Submit Date:Aug 30, 2021 Application for a City Board, Commission, Committee or Corporation Profile Michelle Fraedrick First Name Last Name Email Address 4106 Tarpon PI Street Address Corpus Christi TX 78411 City - - - - State Postal Code What district do you live in? W District 4 Current resident of the city? r Yes t' No If yes, how many years? 10 Mobile: (361) 903-0688 Home: (361) 903-0688 Primary Phone Alternate Phone Matcha Konomi LLC & Bien Merite LLC President Employer Job Title Work Address- Street Address and Suite Number 110 Tarlton St Work Address - City Corpus Christi Work Address - State Texas Work Address -Zip Code 78415 Uirhollo CrnorJrl!`I! Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? r• Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Why are you interested in serving on a City board, commission or committee? To serve my community in a an area that I contribute in. Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics Gender W Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No KAir,hollo Crnntirir`I! Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r• No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r• No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes (.- No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes (-. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO" to all questions above, please enter N/A. NA Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W Restaurant Industry AAirrholio Crnorlrlrls Verification City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree hAirrhollo Crnoririrlr CITY OF CORPUS CHRISTI Submit Date:Aug 22, 2022 Application for a City Board, Commission, Committee or Corporation Profile Chris Hamilton First Name Last Name Email Address 4517 Jericho Road 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? 5 Mobile: (361) 688-1889 Business: (361) 991-5600 Primary Phone Alternate Phone KJM CommercialNictory Building Team President/CEO Employer Jon Title Work Address -Street Address and Suite Number 402 S. Chaparral Suite A Work Address - City Corpus Christi Work Address - State TX Work Address -Zip Code 78401 ('hric Wnmiltnn Work Phone 3619915600 Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Please see resume Why are you interested in serving on a City board, commission or committee? - To help our city grow and prosper. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? c Yes r No Demographics ('hric I--Inmiltnn 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) 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 r'hric I--Ifamiltnn 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. f7 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 ('hric Wf3miltnn 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 1 swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree ('hric Wnmiltnn Chris Hamilton 4517 Jericho Road Corpus Christi TX 78413 361.688._1889 Education: Bachelor of Science in Construction Science -Texas A&M University College Station,TX Summary of Qualifications: Mr. Hamilton has over thirty (30) years of experience in the construction and real estate industry. Currently he oversees, manages and owns a commercial construction company (Victory Building Team) and a real estate portfolio. Mr. Hamilton's experience includes management and oversight of site selection,green field site development, vertical construction, complete remodels and facility management of projects of up to $300MM. Recently, Mr. Hamilton started a boutique wine making company in Napa Valley, California. Companies and Businesses: • Victory Building Team/KJM Commercial, Inc. - CEO o General Contractor o Design-build, cost plus, CMAR, lump-sum o Complete site development and vertical construction o Public—federal, municipal and educational o Private—financial, automotive, retail, restaurant, medical and offices • Real estate o Build to suits o Land acquisition and development o Commercial and industrial rentals • Hamilton Wine Collective LLC—Chris Hamilton Cellars o Wine making in Napa Valley, California o Distribution in California,Texas and nation wide delivery Current Boards and Commissions: • Past Chairman—Corpus Christi Regional Economic Development Corporation Previous Boards and Commissions: • Corpus Christi Economic and Job Development Corporation (Type A Board) • Corpus Christi Chamber of Commerce • Planning Commission—Vice Chairman • Building Code Board of Appeals • Corpus Christi Community Improvement Corporation/Loan Review Committee • Equine Sharing Program CITY OF CORPUS CHRISTI Submit Date: Aug 22, 2022 Application for a City Board, Commission, Committee or Corporation Profile Gabriele Hilpold First Name Last Name Email Address 13701 THREE FATHOMS BANK DR. Street Address CORPUS CHRISTI TX 78418 City State Postal Code What district do you live in? W District 4 Current resident of the city? Yes r No If yes, how many years? 28 Mobile: (361) 548-6279 Business: (361) 949-2611 Primary Phone Alternate Phone iNC. REALTY AND DEVELOPMENT CORPORATION PRESIDENT/OWNER Employer Job Title Work Address - Street Address and Suite Number 15481 SPID#101 Work Address- City CORPUS CHRISTI Work Address - State TX Work Address- Zip Code 78418 r_nhriolo Wilnnlrl Work Phone 361-548-6279 Preferred Mailing Address W Work Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? t' 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/COLLEGE/UNIVERSITY INNSBRUCK/AUSTRIA. EQUIVALENT MASTERS FOR WORLD HISTORY/ECONOMIC HISTORY AND ENGLISH.TEACHING COLLEGE. LEADING GOVERNOR OF STATE Representative for state of Tyrol When AUSTRIA JOINed THE EUROPEAN UNION. MANAGING AUSTRIAN COUNTRY CLUB AND INTERNATIONAL REAL ESTATE. SINCE 1994 SUCCESS WITH 100 PLUS EUROPEAN CLIENTS INVESTED IN CC AND OVER 80 PROJECTS BUILT WITH PARTNERS.ASSIST IN VOEST ALPINE COMMITTMENT TO CC. LAND DEVELOPMENT AND TOURISM PROMOTION FOR CC. Past President of Ccta Corpus Christi Tennis Association lead assist implementing 3 Million Dollar Bond for Heb Tennis Center Past chair of [sac ( Island Strategic Action Committee- lead assist implementing build out of Aquarius street , pass of golf cart ordinance etc Active chair of BMAC ( Beach Management Committee Nueces County Why are you interested in serving on a City board, commission or committee? Passionate about promoting high quality tourism for Cc hand in hand with working on related logistic and infrastructure issues. Focusing on our natural assets/beach, national seashore and coordinating well with tourism business partners. Are you an ex-Officio member of a City Board, commission or committee? r• Yes r No (=nhriolo Wilnnlrl 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 Ethnicity W Caucasian/Non-Hispanic Gender W Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes 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 rnhrinin I-lilnnlrl Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT (For NCAD) Are you a resident and qualified elector* of the District (Nueces County)? r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT (NCAD) Have you resided in the District for at least 2 years? 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 r_nhrieAa WilInnIfA 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 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. 1 understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree (;nhrinln Wilnnlrl CITY OF CORPUS CHRISTI Submit Date: Aug 05, 2022 Application for a City Board, Commission, Committee or Corporation Profile Mr. Richard Lomax Prefix First Name Last Name Email Address 618 Santa Monica Street Address Corpus Christi TX 78401 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? 30 Mobile: (361) 739-3991 Business: (361) 882-2211 Primary Phone Alternate Phone WaterStreet, ltd. President Employer Job itle Work Address- Street Address and Suite Number 309 N Water Work Address- City Corpus Christi Work Address - State Texas Work Address- Zip Code 78401 KAr Rirrhnrd I mmnv Work Phone 3618822211 Work E-mail address richard.lomax@waterstreetrestaurants.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: do not serve on any other city boards Why are you interested in serving on a City board, commission or committee? Promote growth and development of the tourism industry in the Coastal Bend Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics Gender W Male AAr Rirhnrrl I mmnv 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 t-. 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? a 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 c 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. My wife works for STBP, a construction company that has a standing facility maintenance contract with certain city buildings. Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W Restaurant Industry KAr Dir+horrl I mm!3v 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 NAr QirhnM I mmnv Oath 1 swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree AAr RirhnrrJ I mmnv CITY OF CORPUS CHRISTI Submit Date: Aug 22, 2022 Application for a City Board, Commission, Committee or Corporation Profile Chris A Pena First Name Middle Initial Last Name Email Address 5813 Trieste dr. Street Address Corpus Christi TX 78413 City State Postal Code What district do you live in? W District 3 Current resident of the city? r Yes r No If yes, how many years? 44 Mobile: (361) 5.49-3686 Business: (361) 549-3686 Primary Phone Alternate Phone Daystar Consulting Services Incorporated Consultant Employer Job Title Work Address - Street Address and Suite Number 5813 Trieste dr. Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78413 r'hric A Dona Work Phone (361) 549-3686 Work E-mail address dcsi.safety@yahoo.com Preferred Mailing Address W Work Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? c Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) I would like the opportunity to serve and give back to my city and it's residents. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) 1) Port Of Corpus Christi Authority Of Nueces County, Tx 2) Corpus Christi Downtown Management District 3) Corpus Christi Convention &Visitors Bureau Why are you interested in serving on a City board, commission or committee? I have lived in C.C. my entire life and would like the opportunity to serve and give back to my city and it's residents as they deserve the best that the city leadership can give. Corpus Christi has the potential to be so much better. What I would like to do is introduce a new set of eyes, experience and ideas that would add value to future of this beautiful city I will forever call home. Uplcad a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r- No (`hric A Dona No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r• Yes r No Demographics Gender W Male Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) r'hric A Dona Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W Restaurant Industry Question applies to 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 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 DOWNTOWN MANAGEMENT DISTRICT The Corpus Christi Downtown Management District must include representatives from certain categories. Do you qualify for any of the following categories? W Stock Owner Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a registered voter? rYesc- No Question applies to CONSTRUCTION TRADE ADVISORY&APPEALS BOARD The Construction Trade Advisory & Appeals Board must include representatives from certain categories. Do you qualify for any of the following categories? W General Contractor r-hric A Donn 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 Development\, Question applies to CAPITAL IMPROVEMENTS ADVISOR`(COMMITTEE One member shall be a representative of the City's extraterritorial jurisdiction if impact fees are proposed. Do you qualify? r Yes t: No Question applies to HOUSING AUTHORITY Are you a Housing Authority Resident? 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 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 (`hric A Donn 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. 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 (`hric A Donn CHRIS PENA (DAYSTAR CONSULTING SERVICES INC.) CELL: 361-549-3686 E-MAIL: dcsi.safety@yahoo.com SUMMARY Throughout my time in the industry I've accumulated a plethora of experience and a wealth of knowledge while working on several different continents. I possess excellent leadership skills and specialize in the technical writing and the development of HSE project documents,including HSE contract verbiage. I use diverse thought processes both linear and abstract in order to maintain measurable and actionable safety strategies.I am a Bi-lingual HSE team leader that is a self-starter and a respected mentor with outstanding interpersonal and communication skills as well as the innate ability to direct teams,and interact effectively with diverse groups. PROFESSIONAL EXPERIENCE Occidental Petroleum 2021 Horn Mountain West Project HSE Lead Houston, Texas/GOM My roles and responsibilities were as followed but not limited to: ■ Supported the project Construction leads by assisting in the review of work pack documents and planning for each offshore campaign. ■ Participated in all Risk Assessments,readiness reviews,pre Job JSHAs,etc. ■ Monitored and reported HSE performance during the fabrication, construction and commissioning phases of the HMW Project. ■ Liaised with Project Manager, Subsea&Topside Package leads, Corporate HSE /Safety Leaders and offshore construction teams in order to foster and cultivate a safety culture that led to positive results. ■ Developed project HSE documents for the execution phases ■ Facilitated multiple LIVESAFE training initiatives at various locations along the gulf coast. Total Mozambique 2020-2021 OSSEM Construction HSE Site Lead at Ingleside, Texas My roles and responsibilities are as followed but not limited to: ■ Worked with the Contractor to maintain compliance with Contractors management systems ■ Coached Contractor on application and effectiveness of procedures and how to effectively manage risks ■ Facilitated behavioral safety efforts and control of work emphasis around key risk activities ■ Utilized excellent communications skills to instill confidence and encourage enhanced HSE behaviors ■ Lead,motivated,and developed disciplined staff in an effort to enhance their HSE leadership qualities ■ Reported performance and analysis information to the HSE Manager through predetermined meetings and reports Hokchi Energy 2020 Offshore HUC Simons HSE Lead Paraiso, Tabasco,Mexico City,Mexico&Southern Gulf of Mexico My roles and responsibilities are as followed but not limited to: ■ Lead and implement the project HSE and Risk Management system ■ Validate and verify the SIMOPS between the HUC and drilling groups ■ Ensure a sound and robust HSE system to achieve the HSE objectives on the project ■ Participate in actions for identifying and minimizing risks and the impact of all SIMOPS activities ■ Manage and control all identified HSE risks to ensure a safe field execution campaign ■ Lead the Client and Contractor HSE team on daily initiatives to prevent incident and injury Enbridge Inc. 2019-2020 Vito Export Pipelines HSE Lead Houston, Texas&Gulf of Mexico My roles and responsibilities are as followed but not limited to: 0 Assisted the business group with HSE verbiage for RFQ's and agreements PAGE 12 ■ Wrote all project HSE documents for the execution phases ■ Performed as a document controll gatekeeper for all project related documents ■ Coordinated the teams and led the audits both onshore and offshore locations. ■ Championed and implemented our training philosophies and tools at the worker level ■ Tracked and trended metrics to mitigate gaps identified Chevron Deep Water 2017 - 2018 Bigfoot Hook up and Commissioning HSEAdvisor Ingleside, Texas&Gulf of Mexico My roles and responsibilities are as followed but not limited to: ■ Lead the following training regimens: o New hire orientation o Incident and injury Free o Human Performance ■ Actively sought out worker feedback to resolve issues enabling a more cohesive project team ■ Championed implementation of human performance philosophies and tools at the worker level ■ Lead daily pre-task safety discussions with all crafts to enable proper planning and hazard recognition and mitigation Shell Pipeline Company 2014-2016 Amberjack Debottleneck Project HSSE Lead Houston, Texas As the project HSSE Lead my responsibilities were to manage safety for the Amberjack Debottleneck Project. ■ Worked with Contractor project management teams to review required HSE deliverables ■ Performed as a technical writer formulating all project HSE documents ■ Conducted Green banding which also included documentation and site inspections in order to procure the best/safest contractors available. ■ Managed the team of 10 safety coaches at various on/offshore based locations. ■ Managed the projects monthly safety metrics. Chevron Pipe Line 2012- 2014 lack&St.Malo Oil Export Pipeline HSE/Site Safety Leadership Team Lead Houston -Gulf of Mexico While at field locations my role enabled me to: ■ Visited contractor worksites both onshore and offshore to conduct routine worksite assessments. ■ Compiled jobsite inspections in addition to audit findings and incident root cause analysis to identify HES management system gaps or compliance issues or safety leadership behavior opportunities of improvement. ■ Coordinated and participated in CHESM inspections and audits both onshore and offshore. ■ Facilitated the below training for the Jack&St,Malo Oil Export Pipeline project: o IIF Trainer o Hazard Identification Wheel o Tenets of Operation o Project Onboarding TRAINING CRISIS MANAGEMENT AND PR TRAINED-HUMAN PERFORMANCE TRAINER'(STS)SAFETY TRAINED SUPERVISOR -(COSS) CERTIFIED OCCUPATIONAL SAFETY SPECIALIST"INCIDENT AND INJURYFREE(IIF)TRAINER -ADVANCED SAFETYAUDIT TRAINED 9 SAFETY SUPERVISOR LEADER-OSHA(10)&(30)HOUR COURSE- MEDICFIRSTAID&CPR -INDUSTRIAL HYGIENE'HA2MATERIAL-HUMAN PERFORMANCE TRAINER -Y-TREE ACCIDENT INVESTIGATION NSHELL TAPROOT 11 SHELL DECISION POINT TRAINING•FIVE WHYACCIDENT INVESTIGATION TRAINED•IMPLEMENTATION AND AUDIT OF HSE MANAGEMENT SYSTEMS'MEDIC FIRST AID TRAINED -RESPIRATORY PROTECTION -ADOBE ACROBAT,'VIZIO TECHNICAL- EMERGENCY PIPELINE RESPONSE TECHNICIAN,,ENCOMPASS-OSHA HAZMAT•RCA FACILITATOR REFERENCES Chad Triche (Chevron) 985-590-9027, Megan Hebert 832-525-8686,John Garber(OXY) 337-207-2254 CITY OF CORPUS CHRISTI Submit Date: Aug 07, 2022 Application for a City Board, Commission, Committee or Corporation Profile Elizabeth Riggle First Name Last Name Email Address 541 Harrison Street Address Corpus Christi TX 78404 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? 38 Mobile: (361) 946-1384 Mobile: (361) 946-1384 Primary Phone Alternate Phone retired retired Employer Jon Title Work Address-Street Address and Suite Number 541 Harrison St Work Address- City Corpus Christi Work Address- State Texas Work Address - Zip Code 78404 Mi-7nhoth Rinrvlo Work Phone 3619461384 Work E-mail address criggle@swbell.net Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: no Education, Professional and/or Community Activity (Present) Bachelor degree in Education University of Texas Austin If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Ethics; Downtown management;convention and tourism; landmark Why are you interested in serving on a City board, commission or committee? I want to give back to my community. I was born, raised, and lived in the Corpus Christi area my entire life. It is time for me to serve my community. 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 M-»hoth Dinnin 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 (-. 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) Quest on applies to ARTS&CULTURAL COMMISSION The Arts & Cultural Commission preferred representatives from certain categories. Do you qualify for any of the following categories? W Youth/Education M-7nhoth Dirvrvlo 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 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 multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? Yes No Question applies to CORPUS CHRISTI COMMISSION ON CHILDREN&YOUTH The Commission on Children & Youth preferred representatives for adult membership from certain categories. High school students must be a Junior or Senior at time of appointment. Do you qualify for any of the following categories? W Education W Adult At-Large Question applies to CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT The Corpus Christi Downtown Management District must include representatives from certain categories. Do you qualify for any of the following categories? W Property Owner in the District W Resident of the District Verification �:::li-7f3hoth Qirvrvlo 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 1 swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree M-7nhoth Ririnlo CITY OF CORPUS CHRISTI Submit Date: Aug 08, 2022 Application for a City Board, Commission, Committee or Corporation Profile Daniel R Suckley First Name Middle Initial Last Name Email Address 1602 Yorktown Boulevard Street Address Corpus Christi TX 78418 City State Postal Code What district do you live in? " W District 4 Current resident of the city? r Yes r No If yes, how many years? 35 Mobile: (361) 960-4077 Business: (361) 653-5330 Primary Phone Alternate Phone American Bank Senior Lending Officer Employer Jon Title Work Address - Street Address and Suite Number 5120 South Padre Island Drive Work Address - City Corpus Christi Work Address - State Texas Work Address-Zip Code 78411 nnniol Q Cr if-LAnxi Work Phone 361-653-5330 Work E-mail address dsuckley@americanbank.com Preferred Mailing Address W Work Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) B.B.A.-Accounting from TAMU-CC (f.k.a. Corpus Christi State University) Former Board Trustee for Flour Bluff ISD (2007-2016) Former Board Member and Chairman- Big Brothers Big Sisters Former Board Member for Padre Island Business Association Former Board Member for American Cancer Society Why are you interested in serving on a City board, commission or committee? I feel like my 30 years of banking experience, coupled with my knowledge of the hospitality industry, passion for my community, and my love for our local beaches,will add value as a member of the board. Are you an ex-Officio member of a City Board, commission or committee? (-. Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? c- Yes r• No Demographics rinniol 0 Ci it-Ldnxi 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 (: No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above r)nniol R Ci irWiaxi 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. 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 nnniol Q Ci irlsloxi 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 nnnini R Q Adiaxi CITY OF CORPUS CHRISTI Submit Date: Aug 26, 2022 Application for a City Board, Commission, Committee or Corporation Profile Mrs. Jennifer J Vela Prefix First Name Middle Initial Last Name Email Address 100 Walker Street Street Address Odem TX 78370 City State Postal Code What district do you live in? W Other/Non-Resident Current resident of the city? Yes c' No Mobile: (361) 510-0137 Business: (361) 653-2655 Primary Phone Alternate Phone Director of Marketing, Sales, and Texas State Aquarium - Communications Employer Job Title Work Address- Street Address and Suite Number 2710 N Shoreline Blvd. Work Address- City Corpus Christi Work Address - State Texas Work Address - Zip Code 78402 Work Phone 361-653-2655 Arc lonnif ar 1 \Anln Work E-mail address jvela@txstateaq.org Preferred Mailing Address W Work Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? (-. Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Bachelors of Communication, Minor in Mediaf from Texas A&M University • Corpus Christi - 2009- Greater Corpus Christi Hospitality Association -Secretary& Board Member- Leadership Corpus Christi -Class 47-Association of Zoos &Aquariums-American Advertising Federation -Young Business Professionals of the Coastal Bend -Past President-Texas Travel Alliance-Texas Society of Association Executives- Meeting Professionals International - United Corpus Christi Chamber-Texas Coastal Bend Regional Tourism Council Why are you interested in serving on a City board, commission or committee? I strive to make a difference in the tourism industry and our vibrant community. By serving on the Convention &Visitors Bureau Board, I would serve to enhance the tourism community and generate new revenue streams by providing expertise and support for building awareness and participation in Visit CC and its programs;serving as one of the local industry's leading voices on marketing trends and opportunities; and sharing best practices in marketing programs. Over my ten years with the Aquarium, I have worked to ensure the highest quality and constant improvement for visitors to maximize the tourism experience, conference host experience,visitation quality, guest efficiency, and financial excellence. As a tourism advocate, I would provide input and feedback to the City of Corpus Christi and the Visit Corpus Christi Team on issues uniquely tourism in nature to guide policy. Additionally, I would advocate that our local partners explore cooperative opportunities that may ensure savings for local entities and establish ethics and standards for business operations. I would work to identify, evaluate, and prioritize industry and external trends to provide actionable, forward-looking data and tools, so Visit Corpus Christi is strategically anticipating and meeting the needs of its visitors.Together, in sharing our passion for Corpus Christi, we can accomplish incredible things, offer exceptional experiences, and further our travel tourism success. Uplcad a Resume KArc lonnifor 1 \/oln Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics Gender W Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? 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 � 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 AArc lonnifnr 1 Wain Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W Attraction Industry 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 KArc lonnifor 1 \/oln 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 KArc lonnif ar 1 Umin U41JENNIFER VELA ..................................................................................................................................................................................................................................................................................................................................... OBJECTIVE : "To lead the Texas State Aquarium's Marketing, Sales, & Catering Departments to maximize several revenue streams while maintaining brand management in developing and implementing marketing campaigns across multiple channels. I am skilled in providing team leadership, communication efforts, governmental affairs and organizational public relations. ..................................................................................................................................................................................................................................................................................................................................... GET IN TOUCH DIRECTOR OF MARKETING, SALES,AND COiNIMUNICATIONS AR-M" 361510 0137 'Texas State Aquarium • Corpus Christi • 2018 - present Directs the Marketing, Sales, and Catering Teams while overseeing the ivela@txstateaq.org media, brand and communications strategies for the largest aquarium in SOCIAL MEDIA Texas as it expands its role as a leader in STEM education, conservation ® /JENNIFERVELA and wildlife rescue. DIRECTOR OF SALES u @JENLYNVELA Texas State Aquarium • Corpus Christi • 2014 - 2018 Advanced experience in leading a team in developing and executing 0 @JENLYNV revenue growth opportunities. Successfully working alongside tourism and IONORS industry partners, elected officials and governmental agencies to ensure American Advertising Federation's success for tourism in the Coastal Bend and for the Texas State Aquarium. 'residents Award. 2020 Corpus Christi Convention & Visitors Bureau SALES MANAGER • Texas State Aquarium • Corpus Christi • 2012 - 2014 IOSPIS Face of the House Ensured Sales team was conducting sales calls, tours, prospecting, Employee of the Year 2018 tradeshows, and provided exceptional customer service while developing GCCHA's Jim Jones Spirit and implement marketing strategies and materials for all sales categories. if Hospitality Award. 2017 Analyzed data trends to ensure communication efficiency with clients to American Advertising F'ederation's maximize sales and revenue opportunities. Sig Wigs "Best Event Planner" • 2017 SALES REPRESENTATIVE -Texas State Aquarium • 2011 - 2012 Corpus Christi Under 40 Honoree. 2015 EVENT COORDINATOR • Texas State Aquarium 2010 - 2011 Texas State Aquarium Employee )f the Month November • 2010 BRAND AMBASSADOR Mosaic Marketing • South Texas Region • 2006 - 2008 ORGANIZATIONS Creatively developed marketing strategies in alignment with company and - Greater Corpus Christi Hospitality clients annual revenue objectives. Collaborate with Marketing team in Association -Secretary & Board Member designing digital marketing campaigns and performing market research to Leadership Corpus Christi Class 47 develop integrated campaigns to immersive experiences. Finally we Association of Zoos & Aquariums implemented Pop-Up Experiences as Brand Ambassadors for corporate American Advertising Federation clients to engage the audience/customer. Texas Travel Alliance. .............................................................................................................................................................................................................................. Young Business Professionals of the EDCTCATION- Coastal Bend Past President BACHELORS OF COiMMUNICA'TION, iIN1INOR IN MEDIA "Texas Society of Association Executives Texas A&M University • Corpus Christi • 2009 Meeting Professionals International Media Writing Public Relations Campaigns United Corpus Christi Chamber Crisis Communication Nlanagement Principles of Marketing "Texas Coastal Bend Regional Tourism Council Advertising Criticism Technical and Professional Writing - Legal and Ethical Issues in Communication Organizational Communication - Certified Tourism Ambassador - Rn ci r.a.r. ail rl PrniF��inr�al Cnmmnnira tin��r - ?�la�,�; 14�riia and ('[�mmnnira Linn CITY OF CORPUS CHRISTI Submit Date: Aug 22, 2022 Application for a City Board, Commission, Committee or Corporation Profile Dr. Natalie C Villarreal Pre'ix First Name Middle Initial Last Name Email Address 321 Cole St. Street Address Corpus Christi TX 78404 City State Postal Code What district do you live in? W District 1 Current resident of the city? Yes r No If yes, how many years? 14 Home: (361) 537-6955 Home: (361) 537-6955 Primary Phone Alternate Phone AEP Texas External Affairs Manager Employer Job Title Work Address - Street Address and Suite Number 6024 Crosstown Access Rd. Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78415 nr Kintnlio (1 Willnrronl Work E-mail address ncvillarrealC@aep.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Ed.D.- Higher Education Administration United Corpus Christi Chamber of Commerce, Legislative Committee, Education &Workforce Committee-Chair Buc Days Volunteer Texas Exes Corpus Christi Chapter-Volunteer W.B. Ray High School- Boy's Basketball Board Member Corpus Christi Ballet Volunteer If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) CC Convention &Visitors Bureau Why are you interested in serving on a City board, commission or committee? I am currently looking for an opportunity to give extra time to my community in public service. I am passionate about the City of CC and I am excited about the strategy and work happening at the Convention &Visitors Bureau. I want to use my personal strengths to support the growth and development of my community. 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 nr Klatalin (` Wiliarroal Demographics Gender W Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r• Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r•' No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes c No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) nr Kintnlio r` Willnrronl Ouestion applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree rlr Klntnlio r` Willnrronl Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. 1 understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree r)r Kintnlio r' \/illmrronl CITY OF CORPUS CHRISTI Submit Date: Aug 10, 2022 Application for a City Board, Commission, Committee or Corporation Profile Mr. Timothy Weitzel Prefix First Name Last Name Email Address 3934 Sandy Hollow Drive Street Address Corpus Christi TX 78410 City State Postal Code What district do you live in? W District 1 Current resident of the city? r Yes r No If yes, how many years? 20 Mobile: (361) 876-9110_ Mobile: (361) 413-3270 Primary Phone Alternate Phone Rental Xpress IT Director Employer Jco Title Work Address - Street Address and Suite Number 5004 Wilderness Cove Work Address - City Georgetown Work Address - State TX Work Address -Zip Code 78633 KAr Timnthxi Mhnit-7ol Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Some college credits, Del Mar College. IT Director Business Owner President of the local chapter for the Barbershop Harmony Society If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Parks and Rec Library Housing Why are you interested in serving on a City board, commission or committee? I need to be the change I want to see.There is a lot of potential in Corpus Christi and I feel the best way I can help is to lead by example. I'm a resident, business owner, father, and a man of moral values. believe serving on a board, commission or committee is a good start to helping push our City towards success. Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics Gender W Male Code of Ethics- Rules of Conduct/Conflicts of Interest KAr Timnthxi Wnit-7ol Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? rYes rNo Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above AAr Timnthxi Mlnit-7ol Question applies to LIBRARY BOARD The Library Board preferred representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to HOUSING AUTHORITY Are you a Housing Authority Resident? 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 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 KAr Timnthxi\A/oit-7ol Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless 1 am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. 9 1 Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 9 1 Agree hAr Timnthxi Moit-7ol ETHICS COMMISSION Three(3)vacancies with terms to 9-30-2025.(Members are appointed by two-thirds vote of the full Council). Duties The Ethics Commission,in addition to having jurisdiction over complaints involving any"city official",are to prepare and publish pamphlets and other materials explaining the duties of individuals subject to the code of ethics;review all statements and reports filed with the city;annually review the code of ethics and make appropriate recommendations to the city council;review all public opinions related to the code of ethics that are issued by the city attorney;prepare and disseminate a report listing all campaign contributions and expenditures for each candidate within 30 days following the deadline for filing the last campaign finance reports for each city council election. The commission shall have such meetings as may be necessary to fulfill its responsibilities.The chairperson or any three(3)members may call a meeting provided that reasonable notice is given to each member. The commission shall meet at least once a year.The date of the annual meeting shall be in September.The commission shall comply with the Texas Open Meetings Act. Composition Nine members appointed by a two-thirds vote of the full council.Nominations are to be solicited from a wide variety of professional and community organizations in the city,but interested individuals may also submit their names for consideration.Members shall hold office for three-year terms commencing October 1.No holding over is permitted except as expressly provided in the Code of Ethics.The commission shall elect a Chairperson and a Vice-Chairperson. Creation/Authority Meets Member size Term length/limit Liaison Section 2-320,Code of Ordinances;Ordinance 3rd Thursday of the month,5:30 p.m., 9 3 years/6 years Kent Mcllyar No.20781,9/19/89,Ord. 023460,10-13-98; City Hall,Fifth Floor-ACM Conference Ord.No.024614-10/9/01. Room. Appointing Name District Term Appt.date End date Authority Position Status Met the six-year service Rob Bailey District 4 2 7/19/2016 9/30/2022 City Council Chair limitation Met the six-year service Richard G.Hood District 5 2 9/20/2016 9/30/2022 City Council limitation Met the six-year service Craig Rogers District 4 2 9/20/2016 9/30/2022 City Council limitation Claude C.Axel District 4 2 10/10/2017 9/30/2023 City Council Active Ed Bennett District 5 1 9/15/2020 9/30/2023 City Council Active Drue Jones District 2 2 6/23/2015 9/30/2023 City Council Vice-Chair Active David J Bendett District 4 1 1/14/2020 9/30/2024 City Council Active Laura M.Commons 1 District 2 11 9/14/2021 9/30/2024 1 City Council lActive Edward Sample I District 5 12 9/18/2018 9/30/2024 ICity Council JActive 9-13-2022 ETHICS COMMISSION Applicants Name District Status Dane F Fuller District 5 Applied Trevor H Mauck District 2 Applied Kent L.Teague District 3 Applied Timothy B Teas District 2 Applied CITY OF CORPUS CHRISTI Submit Date: Aug 22, 2022 Application for a City Board, Commission, Committee or Corporation Profile Dane F Fuller First Name Piddle Initial Last Name Email Address 6214 Bourbonais 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? 4 Home: (469) 569-8934 Home: (937) 306-1616_ Primary Phone Alternate Phone retired Colonel (Ret.), USAF, PhD Employer Job Title Work Address - Street Address and Suite Number 6214 Bourbonais Dr Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78414 nnno C M rllor Work Phone 469 569 8934 Work E-mail address info@fullerflippers.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ETHICS 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) Bachelor of Science in Electrical Engineering Master of Science in Electrical Engineering Master of Arts in Military Operational Art and Science Doctor of Philosophy in Electrical Engineering If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Ethics Commission Only Why are you interested in serving on a City board, commission or committee? was invited by my friend and pastor, David Bendett to serve with him. Jplcad a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No rinno C M dhar 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 c 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) rinno C Ci illor Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? (.- Yes (- No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 9 1 Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 9 1 Agree r)f3no C Ci jIInr 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 nano C Ci illor DANE F. FULLER, Ph.D., Colonel (Ret.), USAF 6214 Bourbonais Dr Corpus Christi, TX 78414 (469) 569-8934 OBJECTIVE Appointment to the Ethics Commission, City of Corpus Christi SUMMARY Retired Military Officer with distinguished career, including technical evaluation of source selection and performance monitoring of government contracts in the Department of Defense. QUALIFICATIONS Government Leadership Directed 20 member research center coordinating $10M effort for three academic divisions Acting Chief of 112 member division planning $539M research and development effort and executing $400M in technology demonstration programs in support of combat operations Program Management Acquisition Professional Development Program (APDP) certified in Program Mgmt (level 1) APDP certified in Systems Planning, Reserach, Development and Engineering (level 3) EDUCATION 1993 Bachelor of Science in Electrical Engineering, The University of Texas at Austin 1997 Master of Science in Electrical Engineering, Air Force Institute of Technology 2008 Master of Arts in Military Operational Art and Science, Air°Command and Staff College 2011 Doctor of Philosophy in Electrical Engineering, Air Force Institute of Technology CAREER 1994- 1996 Space Computer Technology Engineer, Space Electronics Div, Phillips Lab, Kirtland AFB, NM 1996 - 1997 Graduate Student, Air Force Institute of Tech, Wright-Patterson Air Force Base (WPAFB), OH 1997 - 2001 Low Observable Systems Engineer, US Strategic Command, Off utt Air Force Base, NE 1998 - 1999 Instructor of Physics, Bellevue University, Bellevue, NE 2001 - 2004 Assistant Professor, Dept of Electrical and Computer Engineering, US Air Force Academy, CO 2004 - 2005 Chief, Employment and Scenarios Branch, National Air and Space Intel Center, WPAFB, OH 2005 - 2007 Operations Officer, Tech and Modernization Div, National Air Et Space Intel Center, WPAFB, OH 2007 - 2008 Intermediate Development Education Student, Air Command Et Staff College, Maxwell AFB, AL 2008 - 2011 Doctorate Student, Air Force Institute of Technology, Wright-Patterson Air Force Base, OH 2011 - 2012 Technical Advisor and Deputy Division Chief, Electromagnetics Technology Division, Sensors Directorate, Air Force Research Laboratory (AFRL), Wright-Patterson Air Force Base, OH 2012 - 2014 Deputy Div Chief, Layered Sensing Exploitation Div, Sensors Directorate, AFRL, WPAFB, OH 2013 Air Desk Officer and Country Liaison Officer, Coalition Coordination Center, United States Central Command, MacDill AFB, FL 2014 - 2016 Senior Intel Officer, Space Situational Awareness Div, Def Intel Agency, Charlottesville, VA 2016 - 2018 Director, Center for Space Research and Assurance and Professor of Electrical Engineering, Air Force Institute of Technology, Wright-Patterson Air Force Base, Ohio HONORS Defense Superior Service Medal Legion of Merit Defense Meritorious Service Medal Meritorious Service Medal with Two Oak Leaf Clusters CITY OF CORPUS CHRISTI Submit Date:Aug 22, 2022 Application for a City Board, Commission, Committee or Corporation Profile Trevor H Mauck First Name Middle Initial Last Name Email Address 3109 Austin St. Street Address Corpus Christi TX 78404 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? 26 Mobile: (361) 72.8-4116 Home: (361) 739-8822 Primary Phone Alternate Phone ArcelorMittal Texas Legal Assistant Employer Jon Title Work Address- Street Address and Suite Number 2800 Kay Bailey Hutchison Rd. Work Address - City Portland Work Address - State Texas Work Address - Zip Code 78374 Trownr N hAni ir,11 Work Phone (361)2290700 Work E-mail address trevor.mauck@voestalpine.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ETHICS 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) Education: Degrees in Philosophy & History, (2018 &2020),Texas A&M University-Corpus Christi, 3.6 GPA Professional: Responsible for contracting, drafting, &finalizing business &corporate contracts such as NDAs, MSAs, sales agreements, charterships, and letters. Prepared environmental compliance data& documents. Regular&fast-paced coordination on complex projects requiring detail, strategic thinking, and follow-through. Community: Creative writing tutor to college students (2016-18), member of local World Affairs Council organization (2017-present), beach clean-up (2022), various volunteer construction/maintenance/landscaping projects through church. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) 1. Ethics Commission 2. Landmark Commission Trownr N KAfai ii-U Why are you interested in serving on a City board, commission or committee? First&foremost,the City& I will mutually benefit with my service on a committee. I will benefit the City by not only filling in a seat on a committee, but by offering my time, expertise, and perspective for the committee. If for Ethics, I have an unique gift at solving abstract as well as practical issues that arise from an ethical dilemma, a strong ability an analyzing multiple perspectives of an issue, and a capacity for understanding legal/ethical provisions within administrative procedures. If for Landmark, I deeply respect the importance of history in society, and the need for preserving cultural artifacts that make up a historical identity. By building upon the past, we gain a shared connection with those who lived long ago, as well as those who will come after us. While preservation of landmarks is important by itself, the popular appeal should promote a dialogue about the past, inform the public, and inspire them to learn more. I also have interest in serving on a City committee to gain real-world experience on issues that a city must confront. I enjoy forum discussions and seek to reach the best solution among parties by weighing the arguments & merits of each (or multiple) side. I enjoy listening to my peers, and working with them to reach the most respectful course of action. FYI, I tried uploading my resume, but the upload didn't support the file. I can provide a hardcopy. Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics Gender W Male Code of Ethics- Rules of Conduct/Conflicts of Interest 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 Trownr W hAniirll Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes (.- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes (.- No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes (-. 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 LANDMARK COMMISSION The Landmark Commission preferred representatives from certain categories. Do you qualify for any of the following categories? W Historian Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? c Yes r No Trovnr W AAni iris 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. 11J 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 Troxmr W Uni irL CITY OF CORPUS CHRISTI Submit Date:Jul 18, 2022 Application for a City Board, Commission, Committee or Corporation Profile Kent L. Teague First Name Middle Initial Last Name Email Address 2801 Chapel Vie_w Drive Street Address Corpus Christi TX 78414 City State Postal Code What district do you live in? W District 3 Current resident of the city? r Yes r No If yes, how many years? 1 Home: (361) 344-0943 Mobile: (361) 300-5526 Primary Phone Alternate Phone Senior Vice President/Senior ValueBank Texas Lending Officer Employer Job Title Work Address- Street Address and Suite Number 3649 Leopard Street Work Address- City Corpus Christi Work Address-State Texas Work Address -Zip Code 78408 Mont I Tianni in Work Phone 3618667733 Work E-mail address kent.teague@value.bank Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ETHICS 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) Member-Westside Business Association If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Ethics Commission Capital Improvement Advisory Committee Planning Commission Why are you interested in serving on a City board, commission or committee? Corpus Christi is my home and I want to contribute in a positive manner. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No Mont 1 Tonna in 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 c No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes (.- No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Dont I Tia nrri io 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 !•J Development • Building Industry 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 Dont I Tanni io 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 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 Mont I Tonru in KENT L. TEAGUE 2801 Chapel View Drive Corpus Christi, Texas 78414 Home: (361) 344-0943 Mobile: (361) 300-5526 EXPERIENCE Present - VALUEBANK TEXAS Corpus Christi, TX September 2021 SENIOR LENDING OFFICER/SENIOR VICE PRESIDENT • 3 direct reports • Oversee and Underwrite a loan portfolio • The current position requires development and service of new commercial clients in both lending and deposit areas • Budget Forecasting for the market August 2021 — BANK OZK Shelby,NC May 2012 CAROLINA FOOTHILLS MARKET PRESIDENT • Full P&L responsibility— 13 branches in 4 counties • 8 direct reports • Oversee and Underwrite a loan portfolio in excess of $39MM with a lending authority of$750,000 • The position required development and service of new commercial clients in both lending and deposit areas • Market share consists of$156MM in loans and$702MM in deposits • Budget Forecasting for the market and each branch • NC Team Lead for PPP Loan Program. Supervised team of 11 lenders and 3 loan assistants. Closed 776 loans for$51mm. May 2012— CAROLINA TRUST BANK Gastonia, NC February 2008 COMMERCIAL BANKING MANAGER/SENIOR VICE PRESIDENT • 4 direct reports • Oversee and Underwrite a loan portfolio in excess of $28MM with a lending authority of$500,000 • The position required development and service of new commercial clients in both lending and deposit areas • Problem Loan Workout Experience • Loan Review Experience (Underwriting, Documentation, Risk Rating) February 2008 — FIDELITY BANK Gastonia,NC August 2004 MARKET EXECUTIVENICE PRESIDENT • Full P&L responsibility - 3 branches in 1 county • 3 direct reports • Oversee and Underwrite a loan portfolio in excess of $23MM with a lending authority of$300,000 • The position required development and service of new commercial clients in both lending and deposit areas August 2004 - LEXINGTON STATE BANK King,NC December 1997 CITY EXECUTIVENICE PRESIDENT (Danbury, King, Rural Hall) • Full P&L responsibility - 3 branches in 2 counties • 5 direct reports • Oversee and Underwrite a loan portfolio in excess of $34MM with a lending authority of$300,000 • The position required development of new commercial clients in both lending and deposit areas Kent L. Teague Page Two COMMUNITY SERVICE ROTARY CLUB Shelby, NC Former Member Paul Harris Fellow CLEVELAND COMMUNITY COLLEGE Shelby, NC Board of Visitors—Former Member CLEVELAND COUNTY ABUSE PREVENTION COUNCIL Shelby,NC Board of Directors—Former Member EDUCATION GARDNER-WEBB COLLEGE Boiling Springs,NC 1986 Bachelor of Science - BUSINESS MANAGEMENT CATAWBA VALLEY TECHNICAL COLLEGE Hickory, NC 1984 Associate of Applied Science - ACCOUNTING 1983 Associate of Applied Science - BUSINESS ADMINISTRATION ST. STEPHENS HIGH SCHOOL Hickory, NC 1980 High School Diploma EDUCATION — OTHER RMA-ECU COMMERCIAL REAL ESTATE LENDING SCHOOL Greenville,NC 2004 Certificate of Graduation RMA-ECU ADVANCED COMMERCIAL LENDING SCHOOL Greenville,NC 1999 Certificate of Graduation N. C. SCHOOL OF BANKING Chapel Hill, NC 1998 Graduate of the Mid-Management Program RMA-ECU COMMERCIAL LENDING SCHOOL Greenville,NC 1995 Certificate of Graduation CITY OF CORPUS CHRISTI Submit Date:Jun 09, 2022 Application for a City Board, Commission, Committee or Corporation Profile Timothy B Teas First Name Middle Initial Last Name Email Address 4737 Mt. Vernon Dr Street Address Corpus Christi TX 78411 City State Postal Code What district do you live in? W District 2 Current resident of the city? Yes r No If yes, how many years? 50 Mobile: (361) 739-0151 Business: (361) 688-5103 Primary Phone Alternate Phone ATC Metro Properties, Inc. President Employer Job Title Work Address- Street Address and Suite Number 4737 Mt. Vernon Dr Work Address - City Corpus Christi Work Address- State Texas Work Address -Zip Code 78411 Timnthxi R Tonc Work Phone 3618518888 Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ETHICS 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. Timnthxi R Tonc Education, Professional and/or Community Activity (Present) Current: Earned: HS (Richard King High School Corpus Christi), and Undergraduate/Graduate/Executive JD--facilitated by VA (Texas Vet) Hazelwood Act, etc. not limited to--A BBA (Marketing) Degree and MBA (Business) Degree (TAMUCC); Law Degree (Purdue), and not a licensed Attorney, but a seasoned licensed real estate broker, CE instructor, served on several local boards (versed in Roberts Rules, Ethics), Participate in American Bar Association,Texas Bar C.E., and served on considerable Community Activities, and relative Boards/Committees most within Corpus Christi, Nueces, Texas see below: 1981- 1983 Children's Trampoline instructor at First Baptist Church under recently deceased father(1938-2022) "Coach Teas" Del-Mar 1969-1990's. 1982-83 City of Corpus Christi Lifeguard Water Safety Instructor Red Cross Certified (e.g. Greenwood &as assigned 1984-1988 Served: U.S. Navy, and 100%service related disabled veteran, and completed Survival Training (DWEST), Damage Control (DCPO), and flight qualification completed, and two tours (WESTPAC, etc), Persian Gulf, and awarded ribbons, medals, awards to include"good"conduct, and with honorable discharge (DD-214) 1988-Present:Texas Real Estate Commission (TREC) Licensee No. 398478, President of REMAX metro Properties, ATC Metro Properties, Inc. (A Texas Corporation) 9000777, and over thirty years"in good standing"with TREC, National Assoc. of REALTORS(R) ("NAR"), Texas REALTORS(R) ("TXR"), Corpus Christi Association of REALTORS(R), ("CCAR"), World Wide Relocation (ERC)w/CRP designation, and also participant/principal member of Several Texas Associations/Boards related mostly to South Texas, and mostly in Corpus Christi, and as MLS(s), Board/Committee(s) and Member, CCAR, and Texas Real Estate Political Action Committee (TREPAC), Director on TREPAC committee, CCAR, and MLS committee, and CCAR Local Fundraising Committees[e.g. Driscoll Children's Hospital,KED-TV, Community in Schools, CCISD School(s) contributor"Student of Week"and more;Others; Continuing Education Instructor certified by TREC/Texas A& M Real Estate Center(College Station), Contractor with Texas REALTORS(R) teaching NAR,TXR, Local ethics (C2EX):working for Del Mar College, Texas Association of REALTORS(R),Texas REALTORS(R), prior founder of Champion Mortgage, LLC (NMLS), R.E. School Proprietor; Instructor: NAR Code of Ethics, TXR Legal I & II, Broker Responsibility expert and more; Community Activities:Corpus Christi (CCAR) Board of Director;Other Community Activities (e.g. Community in Schools,American Heart Association [Treasurer], Active with numerous Community Activities serving for about thirty years [e.g. Walk with Pride, and more] Why are you interested in serving on a City board, commission or committee? I am interested in serving City, because disabled persons are conspicuously underrepresented, and as are disabled veterans, and long-term and/elder and generally most Citizens feel, as I do, as disenfranchised citizens, thus ready and able to contribute to betterment of the City of Corpus Christi. In fact, I am visiting Miami, Florida in the summer of 2022 to further study how a swamp evolved into "South Beach", "Little Havana",without advantages the State of Texas enjoy's. Relative to Ethics and Cultural Intelligence etcetera. 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 Timnthw R Tonc 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 t' 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 (- 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. Disclosure: I am sponsoring broker, President of ATC Metro Properties, Inc. (ATC)sponsoring about sixty real estate agents from San Antonio to the Rio Grande Valley.That being said whether ATC list, sells, leases a real property to a person working for the City, CCISD, Naval Air Station, Army Depot, etc. is possible. However, currently and in the foreseeable future ATC contracts with Federal Government relative to Border Patrol, Homeland Security, etc. substantially out of Cameron County,Texas (Brownsville). I have complained to City (see something say something), notwithstanding, rezoning/zoning type issues that more likely than not do not benefit my income relative to described and caused me to become aware of City issues that would concern a reasonable person, especially a disabled person, and all described. Here, denying my application would likely cause me to either run for and/or support a City Council Member to better Corpus Christi. And because of past success and my father's passing on May 15, 2022 as a beneficiary of not only his wisdom, but more am self-sufficient(do not require nor seek additional income, "kickback", etc.). Respectfully, Board-specific questions (if applicable) Timnthxi R Tonc Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? s 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 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 Timnthw R Tonc Dano of A Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath 1 swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Timnthxi R Tonc WATERSHORE AND BEACH ADVISORY COMMITTEE One(1)vacancy with term to 12-11-2023 representing the following preferred,but not required category:1-At-Large. Duties The Watershore and Beach Advisory Committee advises and makes recommendations regarding use or preservation of the following areas within the city limits: the waterfront,the beaches,and the natural bodies of water,including,but not limited to:Gulf of Mexico,bays,rivers,and creeks,excluding the Marina area as defined by Section 2-264. Composition Nine(9)members appointed by the City Council for two-year terms. Membership in one or more of the following categories is preferred but not required:Scientist, i.e.,Marine Biologist,Engineer,Environmentalist,owner or representative of a hotel or condominium located on North Padre Island or Mustang Island,and a board member of the Corpus Christi Convention&Visitors Bureau. The Chairperson of the Watershore and Beach Advisory Committee shall act as an advisor to the Parks and Recreation Advisory Committee and vice versa. Creation/Authority Meets Members size Term length/limit Staff Liaison Section 2-80,Code of Ordinances,Ord No. 1st Thursday of every month at 9 2 years/6 years Martha Lawhon 027408,9/11/07;Ord.No.027523,12/11/07; 5:30 p.m.,Beach Operations rm. Ord.No.029985,10/22/13;Ord.032058-3-17-2020 Appointing Name District Term Appt.date End date Authority Position Status Category Robert I Hyatt District 4 1 12/7/2021 12/11/2023 City Council Resigned Jyoti Patel District 4 3 4/19/2016 12/11/2022 City Council Active Hotel/Condo Owner Dr.Larisa A Ford District 4 1 1/14/2020 12/11/2022 City Council Active Terry A Palmer District 4 3 1/31/2017 12/11/2022 City Council Chair Active Scientist Scott A Lawson District 5 Partial 8/31/2021 12/11/2022 City Council Active Harrison A McNeil 1 District 4 12 1/14/2020 12/11/2023 lCity Council I jActive 1 Environmentalist Ruben Macias District 5 1 12/7/2021 12/11/2023 City Council Active Dr.Philippe Tissot District 2 3 12/19/2017 12/11/2023 City Council Active Engineer Meredith Darden District 2 3 12/19/2017 12/11/2023 City Council Vice-Chair Active CVB 9-13-2022 WATERSHORE AND BEACH ADVISORY COMMITTEE Applicant List Name District Status Category At-Large Philip J. Blackmar District 4 Applied Engineer At-Large Randy Flores District 4 Applied Environmentalist At-Large Meagan Jones District 4 Applied Scientist Ignatius (Joe)J. Minervini District 4 Applied At-Large Hershel Shoats District 5 Applied At-Large James W. Storbeck District 2 Applied At-Large David S. ZiII I District 4 jApplied At-Large CITY OF CORPUS CHRISTI Submit Date: Aug 08, 2022 Application for a City Board, Commission, Committee or Corporation Profile Philip J Blackmar First Name Middle Initial Last Name Email Address 13901 Mingo Cay Ct Unit 5 Street Address Suite or Apt Corpus Christi TX 78418 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? 29 Mobile: (361) 215-8121 Business: (361) 696-3311 PrimaryPhone - Alternate Phone _ -- - HDR Coastal Project Manager, PE Employer Job Title Work Address- Street Address and Suite Number 555 N Carancahua, Suite 1600 Work Address- City Corpus Christi Work Address - State TX Work Address - Zip Code 78401 Dhilin 1 Rlnrrl-mnr Work Phone 361-696-3311 Work E-mail address philip.blackmar@hdrinc.com Preferred Mailing Address W Work Address Which Boards would you like to apply for? WATERSHORE AND BEACH ADVISORY COMMITTEE: 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) Bachelor of Science, Ocean Engineering,Texas A&M University, Graduated May 2011 Master of Science, Civil Engineering, Oregon State University, Graduated June 2013 Professional Engineer,Texas, No. 126679, Issued: 05/25/2017 (also registered in FL, VA, and Oklahoma) Coastal Engineer/Project Manager, HDR, July 2013 to Present Coasts, Oceans, Ports, and Rivers Institute—Texas Chapter Executive Committee Member(2019-Present) American Shore and Beach Preservation Association Member(2013-Present) Why are you interested in serving on a City board, commission or committee? With the exception of leaving to obtain a Bachelors and Masters degree, I have been a life long resident of Corpus Christi and I have been an avid fisherman and surfer from a very young age, pushing me to study the local beaches and bays for my own recreational purposes. This same passion drove me to pursue an education and career in coastal engineering through which I have developed a thorough understanding of the forces and processes in which our coastlines and beaches are shaped. In addition my profession has helped acquaint me with the permitting requirements that accompany this type of work. As a long time resident of Corpus Christi that visits and recreates on our beaches nearly daily I have a desire to serve on this board. Further, my knowledge and experience through both my personal and professional life give me a unique and deep understanding of our beaches and coasts which will be a valuable asset to this committee. Uplcad a Res:me Ohilin 1 Rlnrlsmnr Are you an ex-Officio member of a City Board, commission or committee? Yes r• No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics 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? 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? c' 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 Dhilin 1 Rlnrl/mnr 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. I am an engineering consultant and perform engineering services for City of Corpus coastal projects. Depending on the nature of the committee discussion and specificity to a project I am consulting on I may need to occasionally recuse myself from certain committee discussions. Board-specific questions (if applicable) Question applies to WATERSHORE AND BEACH ADVISORY COMMITTEE The Watershore & Beach Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? W Engineer 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 Dhilin 1 Rl3rrl-mnr 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 Dhilin 1 Rlarl-mnr FN ,0aPhilip Blackmar, PE r: i Coastal Project Manager Mr. Blackmar is experienced in analysis, design, and construction of coastal < engineering projects including shoreline protection, beach nourishment, and wetland creation. He has provided professional services throughout the P P 9 United States and abroad, but focusing on Texas, Louisiana, and Alaska. Mr. EDUCATION Blackmar has accumulated experience in the analysis of complex coastal Master of Science, Civil Engineering processes, applied design, numerical modeling, data collection, and project (Civil Engineering with emphasis in Coastal Engineering), Oregon State management. University, 2013 SELECT EXPERIENCE Bachelor of Science, Civil Engineering (Ocean Engineering); Texas A&M Un College Station, 2011 City of Corpus Christi Beach Monitoring, Corpus Christi,TX, (2011, 2013) Performed surveys of beach profiles and analyzed beach change throughout REGISTRATIONS the monitoring period.Assisted with reporting and recommendations for Professional Engineer,Texas, No. beach management. 126679, Issued: 05/25/2017, Role: Coastal Engineer Expires: 3/31/2023 Professional Engineer, Florida, No. City of Corpus Christi,TX, Maintenance Dredging and Beach 89689, Issued: 6/26/2020, Expires: Nourishment at Packery Channel, North Padre Island, (2011) Corpus 2/21/2023 Christi, TX Performed construction administration for the dredging of Packery Channel Professional Engineer, Oklahoma, in Corpus Christi, TX and beach nourishment on adjecent beach. No. 30110, Issued: 01/18/2018, Role: Construction Administrator Expires: 09/30/2023 Professional Engineer,Virginia, No. City of Corpus Christi,TX, Packery Channel Post-Harvey Repairs, (2017 0402061227, Issued: 08/16/2019, -Present) Corpus Christi, TX Expires:08/31/2023 HDR is designing repairs of the jetties and revetments at Packery Channel that were significantly damaged during Hurricane Harvey. Repairs include re-setting jetty armor stone, constructing graded riprap revetment sections, PROFESSIONAL MEMBERSHIPS sidewalk repairs, construction of a drainage swale, and repairs to storm drain American Shore and Beach Preservation Association outfalls. Services include numerical modeling of currents in the project area, evaluation of damage and design of repairs, development of plans and Coasts, Oceans, Ports, and Rivers specifications, bidding solicitation assistance, and construction Institute—Texas Chapter Executive administration. Committee Member(2019-Present) Role: Design Engineer INDUSTRY TENURE City of Corpus Christi, TX, Cole Park Revetment Improvements, Corpus 9 years Christi, TX(2016-2018) HDR TENURE Performed design and construction administration for construction of 9 years revetment improvements along a Bayfront city park. Services included numerical modeling of waves, revetment stone sizing and cross-section OFFICE LOCATION design, development of plans and specifications, and assisting with Corpus Christi, TX construction administration. Role: Project Manager PHILIP BLACKMAR F01 Coastal Bend Bays&Estuaries Program, Causeway Bird Island Revetment Design, Corpus Christi, TX(2017-2021) HDR performed an alternatives analysis for protection and dredge material containment options around a rookery island in Nueces Bay. HDR carried the alternatives analysis forward to preliminary design and permitting for owner to use in obtaining funding. Following receipt of funding CBBEP hired HDR to perform final design and construction administration of the rookery island protection system. Design accommodated various waterbird species habitats, incorporated gaps for water exchange, and created the infrastructure to support beneficial use of dredged material expansion of the island.Construction was completed in early 2022. Role: Project Manager Texas General Land Office, Indian Point Shoreline Protection, Portland, TX(2013-2014) Developed design for a revetment and segmented breakwater at Indian Point in Portland, Texas. Tasks included numerical modeling of waves using MIKE 21 SW,stone stability analysis, analysis of wave diffraction through breakwater gaps,wave transmission over breakwaters analysis,wave overtopping analysis. Role: Design Engineer Texas Department of Transportation, FM 457 Bridge Replacement, Sargent, TX Performed scour analysis and abutment protection design for proposed bridge replacement crossing the Intracoastal Waterway at Sargent.Tasks included numerical modeling of currents, scour analysis,wave analysis, stone stability calculations, and review of wave loading calculations. Role: Coastal Engineer Texas General Land Office, North Beach Nourishment Corpus Christi, Texas, United States (2014-2016 and 2019-2021) Performed design and construction administration services for a local bay beach renourishment.The nourishment included back passing of sediment accumulated on the downdrift side of the beach and also brought in mined sand. Construction was completed in 2016. HDR is currently under contract to perform design and construction administration services for repairs or replacement of sand lost in Hurricane Harvey. Role: Coastal Engineer Texas General Land Office, Port Aransas Nature Preserve Shoreline Protection Repairs, Port Aransas; TX(2021-2022) HDR performed a damage assessment of breaches the shoreline protection revetment along the Port Aransas Nature Preserve.The damages occurred during Hurricane Harvey in 2017. HDR's services include assessment of the damage, including conceptual design of repairs and development of opinions of probable construction cost. HDR also developed Hazard Mitigation concepts for FEMA to help prevent similar damage from occurring during a future event. Following the coordination with FEMA HDR will develop a final design and associated plans and specifications. Role: Design Engineer 2 CITY OF CORPUS CHRISTI Submit Date:Jul 30, 2022 Application for a City Board, Commission, Committee or Corporation Profile Mr. Randy Flores Prefix First Name Last Name Email Address 6013 van hyftte cir Corpus Christi Street Address Suite or Apt Corpus Christi TX 78414 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? 28 Home: (361) 549-9945 Home: (361) 881-9997 Primary Phone Alternate Phone Self Attorney Employer Job Title Work Address - Street Address and Suite Number 5262 s Staples ste.334 Work Address- City Corpus Christi Work Address- State Texas Work Address - Zip Code 78411 AAr RnnrJv Clnrne Work Phone 881-9997 Work E-mail address Illi Preferred Mailing Address W Work Address Which Boards would you like to apply for? WATERSHORE AND BEACH ADVISORY COMMITTEE: 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) 85-89SWTSU: B.A.Journalism minor business 90-93SMU LawSchool:President of Environmental & Natural Resources Society 94-7 Environmental Atty Tx.GLO If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Only one. Environmentally related Water Shore & Beach Advisory Why are you interested in serving on a City board, commission or committee? have environmental interests as evident by review of my background 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 KAr Qnnrhi Clnroc 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) KAr DinnrJv Clnroc Question applies to WATERSHORE AND BEACH ADVISORY COMMITTEE The Watershore & Beach Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? W Environmentalist 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 KAr Dnnrh/ Clnrnc Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless 1 am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree KAr Dnnrhi Clnroc CITY OF CORPUS CHRISTI Submit Date: Aug 03, 2022 Application for a City Board, Commission, Committee or Corporation Profile Meagan Jones First Name Last Name Email Address 1514 Ennis Joslin Rd Apt 434 Street Address Suite or Apt Corpus Christi TX 78412 City State Postal Code What district do you live in? W District 4 Current resident of the city? r Yes r No If yes, how many years? 1.5 Mobile: (361) 877-1386_ Mobile: (361) 877-1386 Primary Phone Alternate Phone Nueces County Manager, Natural Resources Employer Jon Title Work Address- Street Address and Suite Number 15820 Park Rd. 22 Work Address - City Corpus Christi Work Address - State TX Work E-mail address meagan.jones@nuecesco.com KAoarinn lnnoc Which Boards would you like to apply for? WATERSHORE AND BEACH ADVISORY COMMITTEE: 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) BS, Environmental Science and MS, Environmental Management- Law and Policy If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Only applying to one board Why are you interested in serving on a City board, commission or committee? Yes Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? rt Yes r No Demographics Gender W Female Code of Ethics - Rules of Conduct/Conflicts of Interest AAonnnn lnnoc Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes c 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 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? (- 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) Quest:or apples to'WATERSHORE AND BEACH ADVISORY COMMITTEE The Watershore & Beach Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? W Scientist i.e.,Marine Biologist) KAonrrnn lnnoc 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 AAonnnn lnnoc Oath 1 swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree KAnnrtnn lnnne Meagan E Jones Nueces County Coastal Parks 2020-2022 1514 Ennis Joslin Rd Manager,Coastal Resources Corpus Christi, TX Collaborative and engaging practitioner,with first rate partnership (970) 556-4797 development,leadership,and communications skills ■ Lead local ecosystem protection projects and outreach programs that support current projects and future opportunities Experienced professional that is E Identify and apply for applicable grants for park projects related to independently motivated with a coastal resiliency and public access strong background in natural E Build relationships with USACE offices and collaborate on coastal resource management and management strategies environmental regulation and N Prepare presentation materials for coastal restoration,education,and policy. conservation projects ■ Assist in the management and maintenance of the R.V.parks on Padre and Technical Skills Mustang Islands Outreach: Partners with local Work closely with educational institutions to identify and apply for communities,government beneficial programs for local beaches agencies,non-profits and the Lead all beachfront permitting on Padre and Mustang islands to ensure public regularly.Attend impacts to dunes and dune vegetation is minimized and mitigated meetings,workshops, ' Work with local and state agencies on funded projects to ensure conferences and events. completed to regulatory standards Collaborates with state agencies, Provide technical assistance in the areas of beach and dune conservation, internal departments and offices planning and management, restoration ecology, climate change for communication and planning adaptation and planning and water resource management efforts,grant applications and ' Provide subject matter expertise and regional coordination support technical report reviews.Agency pertaining to the coastal zone liaison for city and county Develop materials and resources for education and training purposes and departments,regional agencies, manage the delivery of these resources programs and the public. Provide technical guidance and training to colleagues in natural resource management as it pertains to coastal and ocean habitats Planning: Primary ■ Prepare requests for proposals and quotes,work with contractors on responsibilities include acting as needs,and ensure invoicing,budget,and deliverables are all on track liaison for projects and state for 0 Oversee the Beach Management Advisory Committee local, regional,national and E Prepare all materials for court related to Coastal Parks,present in court interdepartmental collaboration. and attend public meetings as a subject matter expert Skilled in leading effective teams, 0 Currently working to revise existing beach management plan to address public outreach,managing both the increase in coastal development and create resilient solutions to project staff,schedule and our natural coastline budget. Develop and oversee 0 Serve on several committees for conservation,noxious weed control,and implementation of policies and education outreach in the area procedures.Lead new studies Task and manage staff according to current needs and schedule and execution of programs. AECOM 2012-2022 Ensure regulatory compliance in Project Management projects. Create proposal,scope of work,schedule and track budget,invoices,and Communication: Prepare deadlines for several small projects simultaneously educational and outreach • Work with subcontractors,internal departments,agencies and directly materials including with client team to manage and accomplish project tasks presentations,pamphlets, NWrite and review final recommendations,reports,and permits for infographics,posters and reports. submittal to client and agency Cater educational materials to • Organize,schedule and lead meetings with client,internal teams, appropriate audiences. Partner contractors,government agencies,working groups and the public to with other agencies and NGOs to facilitate agendas, define policies,communicate project components,and build new programs and address concerns materials. Specialize in state and federal policy and regulation associated with ESA, CWA and CAA Meagan E Jones AECOM cont' 1514 Ennis Joslin Rd Perform outreach for projects to state and local agencies and tribes and Corpus Christi, TX maintain excellent communication and relationships (970)„556-4797 Strong written and verbal communication with public,clients,government agencies,tribes and project teams which includes preparation of agendas and meeting materials and presentation to diverse groups and Education backgrounds ■ Monitor projects for compliance with applicable regulations,policies,and ■ Bethel College,Mishawaka, executive orders IN Lead technical writer and senior review for NEPA and environmental BS, Environmental Science permitting documents including state and federal permits,NWPs, EISs, ■ Au Sable Institute Pacific Rim EAs and BAs Campus,Central and Environmental Planner Northwest Washington Manage biological resources for a diverse array of projects that includes Field Certificates in. transportation,habitat restoration,construction,monitoring,and • botany compliance • marine mammals Oversee the long-term restoration and conservation efforts for wildlife • marine biology and critical habitat • ornithology Collaborate with teams,clients,and agencies to ensure compliance of all ■ Denver University,Denver, local,state,and federal regulations CO Create,plan,and perform field tasks according to staff availability,survey MS,Environmental windows,agency approvals and project deadlines Management-Law and Coordinate project teams,GIS teams,landowners,clients,and agencies to Policy ensure timely and compliant execution of project work ■ Data collection,QAQC,permitting and report writing,lab sampling and Professional Associations health and safety lead for field activities ■ American Beach and Office of Ocean and Coastal Resource Management 2019 Shoreline Preservation Coastal Planner for the State of South Carolina Society-Since 2019 Point of contact to coordinate coastal management projects with coastal ■ South Carolina Association communities throughout the state for Hazard Mitigation 2019- 0 Develop and promote programmatic ocean and coastal planning outreach 2020 initiatives throughout the state and Atlantic Coast region ■ Surfrider Foundation-Since 0 Coordinate with all departments to promote outreach and 2021 communication for all programs ■ Women in Science-Since 0 Serve as agency liaison to other state departments,government agencies, 2017 local cities and communities,NGOs,and public ■ Women in Transportation- ■ Manage grant funded projects including contractors and internal staff, Since 2017 budgeting,and reporting ■ Work with communities to conserve and protect coastal habitats and manage and monitor critical areas ■ Work collaboratively to address stormwater,erosion,recreation, flooding,and associated issues from climate change impacts ■ Collaborate with coastal communities, state departments,federal agencies,and the public to identify new opportunities for education and conservation ■ Grant writing experience for projects related to coastal resources ■ Represent the Department in all beachfront policies, community planning, work groups,council meetings and relevant conferences and committees ■ Research and manage projects related to ecotourism,T&E species,coastal protection,dredging,and restoration and water quality ■ Work with coastal communities to disseminate educational materials, recommend grant funding for projects,review grant submittals and identify partners regarding ocean and coastal issues and initiatives ■ Stay up to date on various efforts for ocean and coastal issues by attending webinars and conferences Meagan E Jones 1514 Ennis Joslin Rd Office of Ocean and Coastal Resource Management cont' ■ Plan and prepare soft and hard communication materials for conferences, Corpus Christi,TX meetings,and educational outreach programs (970) 556-4797 a Provide guidance,review,and approve local beach management plans and ocean and coastal conservation plans for individual municipalities ■ Represent the State in regional and national working groups for ocean Committees and coastal resource conservation Current Build internal and external relationships to promote program growth and partnerships ■ Texas Gulf Coast Cooperative A Participated in department coastal programs involving king tides,marine Weed Management Area debris,living shorelines and derelict gear removal ■ TAC Region 3 Cooperator E Worked with coastal communities throughout the state forging ■ Beach Management Advisory collaborative relationships Committee Administrator E Member of grant application review and selection committees for several Past State departments United States Geological Survey 2005 ■ South Carolina Regional Field Technician Water Management Grant Performed field surveys and research for noxious weeds,threatened and Review Committee ■ ■ South Carolina Beach and endangered insects,wildland fires,surface water and pollinating bees and small mammals in Northern Indiana Dune Committee Reviewed field data and prepared reports of field survey findings for staff Certifications ecologists ■ Collected and prepared wildlife and vegetation field samples for ■ Certified Coastal Practitioner preservation ■ Wetland Institute Delineation Indiana State University 2004-2005 Certification Field Technician ■ Prescribed Burn Coordinator.,-. Performed field surveys and collection for small mammals in Northern ■ First Aid/CPR ■ Indiana ■ Conducted mist netting of bats ■ Assisted the Wisconsin Department of Natural Resources collect baseline vocalization data using Anabat detection system ■ Collected and prepared wildlife field samples for preservation Field Museum 2004 ■ Worked in the small mammal's collection in the research department ■ Cleaned storage areas and workstations ■ Managed checkout logs for all specimens in my lab ■ Worked with Martes to create a taxonomic key for the species based on specimens available which was submitted as a final project for class ■ Attended weekly talks from museum researchers on various topics associated with natural history,preservation,and anthropology Eddie Bauer 2006-2011 Banana Republic 2003-2007 Store Manager ■ Develop and track weekly,monthly, and quarterly budgets based on season,events,and staffing Manage daily store operations for all store teams ■ Interview,hire and train sales associates and managers for stores in greater Seattle area ■ Supervise lower management and employees including disciplinary action, annual reviews and pay evaluations CITY OF CORPUS CHRISTI Submit Date: Aug 05, 2022 Application for a City Board, Commission, Committee or Corporation Profile Mr. Ignatius(Joe) J. Minervini Prefix First Name Middle Initial Last Name Email Address 15101 Aquarius St, Street Address Corpus Christi TX 78418 City Siate Postal Code What district do you live in? W District 4 Current resident of the city? Yes r No If yes, how many years? 20 Home: (361) 949-3032 Mobile: (619) 204-0391 Primary Phone Alternate Phone Retired Retired Employer Job Title Work Address - Street Address and Suite Number Retired Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? WATERSHORE AND BEACH ADVISORY COMMITTEE: Submitted Interests & Experiences KAr Irrnmtillc (lnol 1 IkAinorxiini Are you a registered voter? r• Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: None Education, Professional and/or Community Activity (Present) BA Economics, US Navy Training Schools Why are you interested in serving on a City board, commission or committee? I have lived on North Padre Island for a total of 17 years and I am most familiar with the lay of the land. I am retired and I have the time to do research. Are you an ex-Officio member of a City Board, commission or committee? 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 hAr lrinfatiiic (lnnl l NAinnrxiini 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 WATERSHORE AND BEACH ADVISORY COMMITTEE The Watershore & Beach Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? W None of the above Verification hAr Innnthic (lnnl l AAinoniini 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 hAr lnnntiiic (lnnN 1 hAinorxiini CITY OF CORPUS CHRISTI Submit Date: Nov 06, 2021 Application for a City Board, Commission, Committee or Corporation Profile Hershel Shoats First Name Last Name Email Address 4426 Greensboro Drive 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? 18 Mobile: (361) 960-0534 Mobile: (361) 331-1159 Primary Phone Alternate Phone FedEx Freight Forklift operator Employer Job Title Work Address - Street Address and Suite Number 246 S Navigation Blvd Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? WATERSHORE AND BEACH ADVISORY COMMITTEE: Submitted Interests & Experiences Wzarchol chnntc 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) U.S. Navy Veteran, entrepreneur/self-employed, member of the Corpus Christi Black Chamber, held several networking events for local small businesses If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Watershore & Beach Business &Job Development Regional Economic Development Why are you interested in serving on a City board, commission or committee? see there is a need in Corpus and we can do better to serve the underrepresented population. I believe in a more diverse representation within the City. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? 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 a No Warchni Chnntc Does your employer or your spouse's employer have a City contract? r Yes r• No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r' Yes r• No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r' Yes (-. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? 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) Question applies to WATERSHORE AND BEACH ADVISORY COMMITTEE The Watershore & Beach Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? W None of the above Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a registered voter? r• Yes (- No 1—,archol chnntc Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Wiarchol Chnntc Hershel Shoats 4426 Greensboro Dr., Corpus Christi, TX 1 (361) 960-0534 1 Email Qualifications: Coded Welder 4954, 4955, 4956. Qualified in MIG, TIG, SMAW, GTAW, Carbon Arc, Heli Arc and OXY/ACE Welding and Cutting. Plasma Arc Cutting. Maintenance Activity Journeyman. Pipe-fitter Code 4921. PVC piping repairs/installations. Quality assurance inspector. Controlled material manager. Gas Free engineer. Fork lift operator. Water tight closure/underwater hull inspector. High pressure weld inspector. Remote operating gear technician (Uniflex, Teleflex). Familiar with Microsoft Office Suite. Experience: Sept 2018 - present Forklift Operator Corpus Christi, TX FedEx Freight May 2018 - present Owner/Instructor of Brazilian Jiu-Jitsu Corpus Christi, TX Oz: the Gorilla Village 2010 - present Personal Trainer Corpus Christi, TX Silverback Wellness LLC (self-employed) Jan 2010 - July 2010 Plant Mechanic/Fitter/Welder Corpus Christi, TX TOR Minerals July 2007 - Nov 2009 Welder Portland, TX CCC Group, Sherwin Alumina Mar 2006 - Jun 2007 Ship/Rig Repair Corpus Christi, TX Gulf Copper Sept 2004 - Mar 2006 Fabricator Hampton, VA D2D Customs (self-employed) Nov 2001 - Jun 2005 Marine Inspector Newport News, VA Marine Systems Corporation, Boston, MA Dec 2000 - May 2001 Welder Newport News, VA Davis Boat Works Sept 1986 - Sept 2000 Hull Technician various United States Navy Education: Overhead Monorail System/Emergency Diesel Generator Inspector School (43131-9BQ3). Fleet Training Center, Norfolk, VA (600 hours, Jan 1998-Mar 1998) Hershel Shoats page 2 Hydraulic Ram/Shipboard Electrical Wiring School. Fleet Training Center, Norfolk, VA (Oct 1997-Dec 1997) Gas Free Engineer School (K-495-0051). Fleet Training Center, Norfolk, VA (200 hours, Dec 1996-Jan 1997) Shipboard Collection Holding Transfer (CHT) School (K-652-2141). Fleet Training Center, Norfolk, VA (90 hours, Aug 1996) Quality Assurance Supervisor/Inspector and Controlled Materials Supervisor School (43279.3-90). Fleet Training Center, Norfolk, VA (440 hours, Jan 1996-Mar 1996) Hull Technician, Class C, Phase III School. Fleet Training Center, San Diego, CA (400 hours, Oct 1995-Dec 1995) Sewage Hold ing[Treatment/Disposal Group Operator School. Fleet Training Center, San Diego, CA (610 hours, Jun 1995-Sept 1995) Pipe Fabrication/Repair School (SQIP) (5-651-0692). SIMA. Mayport, FL (90 hours, Aug 1994-Sept 1994) Structural Repair School (SQIP) (S-495-070). SIMA. Mayport, FL (90 hours, Mar 1989-Apr 1989) Hull Technician Class A School, Phase 1/II (5-495-0035). Damage Control Training Center, Philadelphia, PA (440 hours, Dec 1987-Feb 1988) Awards Received: Combat Action Medal, Navy Achievement Medal (2), Sea Service Medal (6), Humanitarian Medal (4), Kuwait Liberation Medal, Saudi Arabia Medal References: Furnished upon request. CITY OF CORPUS CHRISTI Submit Date: Jul 20, 2022 Application for a City Board, Commission, Committee or Corporation Profile James W Storbeck First Name Middle Initial Last Name Email Address 426 Indiana Avenue Street Address Corpus Christi TX 78404 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? 22.5 Mobile: (361) 249-4770 Business: (361) 225-7900 Primary Phone Alternate Phone Keller Williams Coastal Bend Realtor Employer Job Title Work Address- Street Address and Suite Number 4518 Everhart Rd#101 Work Address - City Corpus Christi Work Address - State TX Work Address -Zip Code 78411 lnmoc %A/ CtnrhaA- Work Phone 361-249-4770 Work E-mail address wstorbeck@kw.com Preferred Mailing Address W Work Address Which Boards would you like to apply for? WATERSHORE AND BEACH ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) Real Estate Agent Licensee, Senior Warden- Providence Reformed Episcopal Church, Board of Directors Corpus Christi Tennis Association, Baptist Student Ministry Leadership-Tamucc/Del Mar. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Watershore and Beach Advisory Committee Why are you interested in serving on a City board, commission or committee? Corpus Christi native, lifelong local surfer, committed to wellbeing of Corpus Christi community. 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 lnmoc \A/ Ctr%rhor-l- 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 c: No Does your employer or your spouse's employer have a City contract? r Yes (-. No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r• No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes c No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) lnmoc \A/ Ctnrhoi-1, Question applies to WATERSHORE AND BEACH ADVISORY COMMITTEE The Watershore & Beach Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? W None of the above Verification City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree lnmoc \A/ Ctnrhorl/ 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 lamoc \A/ Ctnrhoi-L CITY OF CORPUS CHRISTI Submit Date:Aug 04, 2022 Application for a City Board, Commission, Committee or Corporation Profile David S Zill First Name Middle Initial Last Name Email Address 13969 Seafarer Dr Street Address Corpus Christi TX 78418 City State Postal Code What district do you live in? W District 4 Current resident of the city? r Yes r No If yes, how many years? 3 Mobile: (361) 562-2469 Mobile: (361) 562-2469 Primary Phone Alternate Phone Business Development Manager Geosolutions, Inc - Gulf Coast Employer Jon Title Work Address - Street Address and Suite Number 1202 Southern Minerals Rd Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78409 rlavirl C Till Work Phone 361-289-6300 Work E-mail address dzillCa-)geosolutionsinc.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? WATERSHORE AND BEACH ADVISORY COMMITTEE: 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: I do not serve on any other City board. Education, Professional and/or Community Activity (Present) BS Geology- University of Tennessee American Society of Civil Engineers-Associate Member International Erosion Control Association - Member North American GeoSynthetics Society- Member Association of Environmental & Engineering Geologists- Member If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Watershore Library Why are you interested in serving on a City board, commission or committee? I want to be more involved in my community. Jpivad a Resume Are you an ex-Officio member of a City Board, commission or committee? Yes t- No nnx/irl C Till No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics Gender W Male Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r• No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r• No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to LIBRARY BOARD The Library Board preferred representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to WATERSHORE AND BEACH ADVISORY COMMITTEE The Watershore & Beach Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? W None of the above Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. l� I Agree nn%Arl C Till 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 nnx/irl C Till Corpus Christi, TXliN https://www.linkedin.com/in/davezill/ Versatile technical materials sales and management professional with a track record of successful new business development, competitive market share expansion, and customer relationship development. Proven ability to identify market opportunities, propel revenue, and maximize potential especially in large geographic territory. Intelligent communicator and presenter, gifted at aligning product specifiers, distributors, and end users to establish profitable long-term relationships. SKILLS AND ACCOMPLISHMENTS • Communication: Relationship Development I Strong Presenter I Outstanding Writer • Organization: Plan Development I SalesForce Devotee I Exceptional Time Management • Execution: Proven Record I Goal Oriented Consistently exceeded budget sales goals (2003-Present). Greater than $5M new business generated in less than 3 years. Account retention > 95%. WORK EXPERIENCE GeoSolutions, Inc. Corpus Christi, TX Business Development Manager - Gulf Coast (October 2019 - Present) Senior Executive for a leading distributor/ manufacturer of geotechnical and civil building materials. Strategic market planning, forecasting, and P&L management for south Texas / Gulf Coast geographical territory. Foster relationships, develop and defend specification base with civil and geotechnical engineering community, municipalities, and agencies. Promotion and sales of materials to sitework, excavation, heavy civil, geotechnical, paving, erosion control, and general construction contractors. Technical proficiency. ThraceLINQ, Summerville, SC Regional Sales Manager - Western NA, (02/2017 - 10/2019) Charged with expanding ThraceLINQ western North American footprint in the geotechnical / geotechnical construction market for 17 states and 4 provinces. Exceeded 2017 new market minimum $1M target by more than 30%. Forecast budget for 2019 is $5M. Currently, at 98% of plan/budget. Achieved goals by developing and implementing territory management plan including establishment of stocking distribution and product specification base. ThraceGroup (Athens, Greece) absorbed ThraceLINQ operations 10/2019. Tenax Corporation, Baltimore, MD Performance Plastics Sales Manager - Western US, (11/2013 - 02/2017) Redefined and expanded domestic building materials markets for internationally matrixed (Tenax SPA - Vigano Italy) plastics manufacturer. Met or exceeded annual targets > $3M. Analyze and adapt to market trends; Forecast and manage budgets, KPI's. Develop and manage distribution partners. Division transferred to Italy Operations - January 2017 Fiberweb, Inc, Phoenix, AZ Geosynthetic Sales Manager, Americas, (01/2010 - 1/2013) Manage complex consultative sales cycle for an international matrixed (Fiberweb PLC - London) specialty civil / geotechnical / erosion control / drainage products manufacturer. Develop and implement sales strategies for 18 state / 5 province sales region, Forecast and manage > $3M budgets, KPI's. Establish and maintain average annual growth 19%. Fiberweb acquired by PGI - November 2013 GeoSupply, Inc, Phoenix, Arizona Vice President, Sales & Marketing, (02/2003 - 01/2010) Senior Executive for a leading distributor/ manufacturer of geotechnical and civil building materials. Strategic market planning, forecasting, and P&L management for 3 southwest locations > $10M annual revenue. Sales team development and management, P&L responsibility. ACS Engineering Group - Tempe, AZ Business Development Manager/ Lab Services Manager, (02/2000 - 02/2003) Sales and operations leader for a leading consulting geotechnical engineering firm. Martin Marietta Energy Systems, Oak Ridge, Tennessee Staff Scientist, (10/1991 - 1/2000) Junior technical manager for construction and environmental engineering organization at Oak Ridge National Laboratory. EDUCATION Bachelor of Science, Geological Sciences (1994), University of Tennessee, Knoxville Tennessee Associate of Science, Engineering (1991), Roane State Community College, Harriman Tennessee Miller Heiman Group Academy Cit`' of Corpus Christi 1201 Leopard Street x City Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Thursday,August 25,2022 9:00 AM Council Chambers FY 2022-2023 BUDGET WORKSHOP - Economic Development Department, Hotel Occupancy Tax, American Bank Center, Visit Corpus Christi, Airport and Potential Adjustments from Community Input Sessions A. Mayor Paulette Guajardo to call the meeting to order. Mayor Guajardo called the meeting to order at 9:10 a.m. B. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. Assistant City Secretary Ruth Bocchino 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 Assistant City Secretary Ruth Bocchino Present: 9- Mayor Paulette Guajardo,Council Member Roland Barrera,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Billy A. Lerma,Council Member John Martinez,Council Member Ben Molina,Council Member Mike Pusley, and Council Member Greg Smith C. BRIEFINGS: 1. 22-1453 FY 2022-2023 BUDGET WORKSHOP - Economic Development Department, Hotel Occupancy Tax, American Bank Center, Visit Corpus Christi, Airport and Potential Adjustments from Community Input Sessions Mayor Guajardo referred to Item 1. Director of Management and Budget Eddie Houlihan presented information on the following topic: City Council. Council Members and Director Houlihan discussed the following topic: a Council Member's request that At-Large Council Members have a larger car allowance than single district members. Director of Finance Heather Hurlbert presented information on the following topics: city property tax rate definitions; truth in taxation; FY 2023 tax rate comparison; adjustments to I&S; allocation of capacity; general facts; the City of Corpus Christi receives 25% of the property tax bill; options; and recommendation. City of Corpus Christi Page 1 Printed on 9/2/2022 City Council Meeting Minutes August 25, 2022 Council Members, Director Hurlbert and City Manager Zanoni discussed the following topics: the no new revenue rate would be $57.87; in the 2018 bond program there were three street projects that were put on hold because of the bridge project, but the street projects will now go forward; MIG Consultants will present a drainage solution for North Beach; in response to a Council Member's concern about how the decision for this project was made as opposed to other projects, staff stated that there is a master list for the most important drainage projects; a Council Member recommends that the Hotel Occupancy Tax (HOT) not be transferred over to the general fund; and Council Members are in support of the North Beach improvements. Director of Management and Budget Eddie Houlihan and Assistant Director of Construction Management Brett Van Hazel presented information on the following topics: fee adjustments and charges; general fund-fee changes-Fire-EMS; solid waste; other funds-fee changes-development services; engineering-public improvement inspection fee; engineering public improvement inspection scenarios; inspector additions-option #1; inspector additions-option #2; other funds-fee changes-marina; other funds-fee changes-metrocom-911 wireline services; streets-right-of-way; and water rate-public agency fee. Council Members, City Manager Zanoni, Director Houlihan, Assistant Director of Construction Management Brett Van Hazel, Director of Engineering Services Jeff Edmonds, Assistant Director of Development Services Michael Dice, and Assistant City Manager Neiman Young discussed the following topics: currently staff is spending 2.5 hours inspecting subdivisions and 30 minutes at commercial sites; staff recommends spending three to four hours on a subdivision is efficient; a Council Member's concern that the fees will be charged to the homeowner and not the developer; that specifications need to be updated; hiring more inspectors will ensure that shortcuts are not being taken; street standards need to be improved; the amount of time a contractor spends on an inspection varies for each job; a Council Member's concern about neighborhood streets falling apart so quickly; and the solution is better designed standards. Director of Finance Heather Hurlbert presented information on the following topics: economic development department; current ED touchpoints; ED support positions; ED service gap identified; best practices; organizational overview; initial focus areas; departmental responsibilities; FY 2023 economic development department proposed budget: $705.8k; and FY 2023 enhancement. Council Members, Director Hurlbert, City Manager Zanoni, Interim CEO with the Regional Economic Development Corporation (REDC) Mike Culbertson discussed the following topics: in order to incentivize more businesses, staff needs to determine what the strategic plan is; creating an economic development department will not duplicate services with the REDC; a Council Member is not in favor of adding two more people to the economic development department; the City's goal is to create a strategic plan for economic development; a Council Member suggests that the Port of Corpus Christi pay City of Corpus Christi Page 2 Printed on 9/2/2022 City Council Meeting Minutes August 25, 2022 for the economic development department; downtown has a $1.5M budget; and a Council Member is not in favor of how this department is structured. Director of Management and Budget Eddie Houlihan presented information on the following topics: Hotel Occupancy Tax (HOT); HOT revenue history; and FY 22-23 HOT expenditures. Council Members, Director Houlihan, President and CEO of Buccaneer Days Johnny Philipello, and Chief Financial Officer Constance Sanchez discussed the following topics: the $100k for Buc Days would go into marketing for the Air Show and PBR; this $100k request came in after the proposed budget; if the 2% dedicated to the convention center covers any debt services; and capital improvements can be used to secure bonds. Director of Management and Budget Eddie Houlihan presented information on the following topics: community input; budget public input sessions; public input session summary; and City Manager recommended additions-based on community input sessions. There were no comments from the Council. Director of Management and Budget Eddie Houlihan presented information on the following topics: potential adjustments and related budget amendments; council workshops; staff amendments-general fund; enterprise fund; internal services fund; debt service fund; special revenue fund; and capital budget. Council Members, City Manager Zanoni, and Director Houlihan discussed the following topics: in FY 2023, $7.6M is being spent on the arena and convention center for big items like the roof, the chiller system and the kitchen. D. ADJOURNMENT There being no further business, Mayor Guajardo adjourned this meeting at 12:56 p.m. City of Corpus Christi Page 3 Printed on 9/2/2022 so �o o� A H AGENDA MEMORANDUM WoRPORPg4 First Reading of Ordinance City Council Meeting September 06, 2022 1852 Second Reading of Ordinance City Council Meeting September 13, 2022 DATE: September 1, 2022 TO: Peter Zanoni, City Manager FROM: Eddie Houlihan, Director of Management & Budget EddieHo@cctexas.com 361-826-3792 Appropriate $2,000,000 of anticipated revenues and expenditures in the Fleet Maintenance Fund due to increased fuel costs CAPTION: Ordinance amending the FY 2021-22 Operating budget to appropriate $2,000,000 of anticipated revenues and expenditures in the Fleet Maintenance Fund due to increased fuel costs. SUMMARY: This ordinance amends the Fleet Maintenance Fund's FY 2021-22 Budget to increase both revenues and expenditures due to increased fuel costs. BACKGROUND AND FINDINGS: Fleet Maintenance purchases and sells approximately 1.4 million gallons of fuel annually. Total gallons sold is comprised of 560,000 gallons of unleaded fuel and 840,000 gallons of diesel fuel. At the time of FY 2021-22 budget preparation fuel cost were $1.95 per gallon for Unleaded Fuel and $2.05 per gallon for Diesel Fuel. Currently, fuel costs are $2.73 per gallon for Unleaded Fuel and $3.96 per gallon for Diesel Fuel. The FY 2021-22 Fleet Maintenance fuel budget needs to be increased due to higher fuel costs and revenue will be increased since Fleet Maintenance will charge departments based on current prices. ALTERNATIVES: City Council could choose to not appropriate the $2,000,000 in anticipated revenues and expenditures but the Fleet Maintenance Fund would not be able to purchase fuel for the City's fleet due to an insufficient budget. FISCAL IMPACT: The fiscal impact will be an increase in revenues and expenditures of$2,000,000 each in the Fleet Maintenance Fund in FY 2021-22 budget. Funding Detail: Revenue Fund: 5110 Organization/Activity: 40170 Mission Element: 888 Project # (CIP Only): Account: 326040 Expenses Fund: 5110 Organization/Activity: 40140 Mission Element: 201 Project # (CIP Only): Account: 520210 RECOMMENDATION: City staff recommends approval of the ordinance appropriating anticipated revenues and expenditures in the Fleet Maintenance Fund. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending the FY 2021-22 Operating Budget to appropriate $2,000,000 of anticipated revenues and expenditures in the Fleet Maintenance Fund due to increased fuel costs. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The FY 2021-22 Operating Budget adopted by Ordinance No. 032539, is amended to appropriate $2,000,000 in anticipated revenues and expenditures in the Fleet Maintenance Fund No. 5110 due to increased fuel costs. 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 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 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 Guajardo City Secretary Mayor O�QUS cyp� aNCORPOMh0 r � IL Fleet Maintenance Fueal Cost Adjustment � a f r Back round • ➢ Fleet Maintenance purchases and sells an average of 1.4 million gallons of fuel annually compromised of 840,000 gallons of diesel and 560,000 gallons of unleaded ➢ At the time of FY 2022 budget preparation in April and May 2021, diesel fuel price per gallon was $2.05 per gallon and Unleaded fuel was $1.95 per gallon ➢ FY 2022 Fleet Maintenance fuel budget was $3 million ➢ In June 2022 Diesel fuel got as high as $4.81 per gallon and Unleaded got as high as $4.04 per gallon ➢ Currently Diesel fuel is $3.96 per gallon and Unleaded fuel is $2.73 per gallon 2 Y Price , Fuel in FY 2022 FY 2022 Fuel Price $4.80 $4.50 $4.20 $3.90 $3.60 $3.30 $3.00 $2.70 $2.40 $2.10 $1.80 $1.50 $1.20 $0.90 $0.60 $0.30 -o--Diesel Average Price Unleaded Average Price 3 F Projection A Budgeted - - - .• -• Gallons 840,000 560,000 Estimated Average Price $2.18 $2.09 Budget $3M �u - • • Gallons 740,000 487,000 Average Price (Oct-July) $3.33 $2.90 Actuals $3.9M Gallons 150,000 100,000 Estimated Price $4.30 $3.00 Two-month Estimate $945K Variance $1.845M Contingency $155K Total Budget $5M 4 QUESTIONS so �o o� A v µoRPORP�g4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of September 13, 2022 DATE: September 13, 2022 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police M ikeMa(a)-cctexas.com (361) 886-2601 Josh Chronley, Assistant Director of Finance-Procurement JoshC2(a-)-cctexas.com (361) 826-3169 Supply Agreement for the Purchase of Tasers for the Corpus Christi Police Department CAPTION: Resolution authorizing a five-year lease-purchase agreement with Axon Enterprise, Inc., of Scottsdale, Arizona, in the amount of$1,521,900.00 for the purchase of 445 tasers, supplies, software licenses, and training for the Police Department, with funding of$304,380.16 requested in the FY 2023 budget from the Crime Control and Prevention District and Police Grants Fund. SUMMARY: The item is to approve the purchase of 445 tasers and necessary equipment and a five-year supply agreement for the Corpus Christi Police Department (CCPD)to upgrade its existing taser and necessary equipment inventory with payments over a five-year period. BACKGROUND AND FINDINGS: In November 2021, the City accepted and appropriated a grant award from the Edward Byrne Memorial Justice Assistance Grant program. The award funds from the grant are being used to help purchase much needed equipment for CCPD, to include tasers. CCPD has used tasers since the early 2000's. In 2018, CCPD entered into a similar agreement also with Axon Enterprise, Inc. for the purchase of 200 tasers and necessary equipment. Currently, CCPD has approximately 300 tasers; however, CCPD's current taser and necessary equipment inventory is obsolete and out of warranty. In addition to CCPD's current taser and necessary equipment inventory being out of date and out of warranty, batteries and replacement cartridges for CCPD's current taser inventory are no longer available. The proposed agreement will allow for the purchase of 445 tasers and necessary equipment to include holsters, cartridges (training and live), charging docks, licenses to software for CCPD to upload data so that the vendor can track inventory usage, training course vouchers, and training suits for trainers to be tased during training courses. The proposed agreement also provides for extended warranties on the taser handles, battery packs, and taser charging stations through the end of term for the proposed agreement. The agreement allocates an additional 14 (3%) taser units so that in the event of a malfunction, a replacement is on- hand and not burdened by a shipping delay. Additionally, cartridges that are used in the line of duty (live) will be replaced at no cost through the agreement. The 445 new tasers to be purchased are the model TASER 7. The TASER 7 model provides significant improvements from the current TASER X26P model that CCPD uses. The upgrades include: • Ability to choose between close quarters and long-range deployment • Improved probe design for layered clothing penetration • Improved Warning Arc and better flashlight • Cartridges provide two shot capability without reloading • Available stand-off cartridge for further distances The initial purchase of the 445 tasers and necessary equipment, to include licenses and software, will take place in year one of the proposed agreement. In years two through five of the proposed agreement, additional taser cartridges will be ordered. The cost for the first year of the proposed agreement is $304,380.16, and years two through five are $304,379.96 each. The purchases of 445 tasers and necessary equipment will be adequate for outfitting CCPD officers, as not all officers are issued tasers and because when officers retire, they turn in their tasers for re-use by other officers. CCPD will continually monitor its taser and necessary equipment inventory to ensure that all officers that are required to carry a taser are issued one. PROCUREMENT DETAIL: This procurement is a direct purchase from Axon Enterprise, Inc. of Scottsdale, Arizona, under the Local Government Code, Section 252.022(a)(2), as this purchase is necessary to preserve or protect the public health or safety of the City's residents. Axon Enterprise, Inc. also is the sole distributor of all TASER brand products. The cost for the first year of the proposed agreement is $304,380.16, and years two through five are $304,379.96 each. Axon Enterprise, Inc. has a published market rate, and a discount rate for municipalities City staff negotiated even further and received a discount on top of the municipal rate. The result is an annual discount savings of$75,667.80, which is a total savings of$378,339.00 over the life of the five-year agreement. If approved, this will be the second five-year supply agreement with Axon Enterprise, Inc. If approved, this will be the second five-year supply agreement with Axon Enterprise, Inc. ALTERNATIVES: The alternative is not to approve the contract and purchase as tasers fail. However, this will cause the City to lose the total savings of $378,339.00 that was negotiated as part of the proposed five-year agreement with Axon Enterprises. Additionally, as the current tasers fail, CCPD will be forced to spot purchase replacement tasers and accessories, resulting in times when officers might be without functioning tasers. FISCAL IMPACT: There is no fiscal impact for CCPD in FY 2022. The fiscal impact for CCPD in FY 2023 is $304,380.16, to be paid from the Crime Control and Prevention District and the 2022 Edward Byrne Memorial Justice Assistance Grant. FUNDING DETAIL: Fund: 9010 Crime Control and Prevention District Organization/Activity: 11717 Project# (CIP Only): N/A Account: 520090 Amount: $201,076.16 Fund: 1061 Police Grants Fund Organization/Activity: 820836F Project# (CIP Only): N/A Account: 520090 Amount: $103,304.00 RECOMMENDATION: Staff recommends approval of the purchase of 445 tasers and necessary equipment and a five-year supply agreement for the Corpus Christi Police Department, as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Price Sheet Axon Enterprise,Inc. Q-403131-44813.718CP 17800 N 85th St. 4 Scottsdale,Arizona 85255 Issued 09/09/2022 United States VAT:86-0741227 Quote Expiration:09/30/2022 Domestic:(800)978-2737 Estimated Contract Star[Date 1010112022 International:+1.800.978.2737 Account Number:143965 kA16`6Payment Terms:N30 Delivery Method: ------------------ SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT Corpus Christi Police Dept.Attn:Robert Chapa Corpus Christi Police Dept.-TX Zach Deegan Robert Chapa 4510 Corona Drive PO Box 9277 Phone:7738705188 Phone:1-361-826-4070 Corpus Christi,TX 78411 Corpus Christi,TX 78469-9277 Email:zdeegan@axon.com Email:robertchapa.klam@gmail.com USA USA Fax Fax Email:robertrc@cctexas.com Quote Summary Discount Summary Program Length 60 Months Average Savings Per Year $75,667.80 TOTAL COST $1,521,900.00 TOTAL SAVINGS $378,339.00 ESTIMATED TOTAL W/TAX $1,521,900.00 Payment Summary Date Subtotal Tax Total Oct 2022 $304,38016 $0.00 $304,380.16 Oct 2023 $304,379.96 $0.00 $304,379.96 Oct 2024 $304,379.96 $0.00 $304,379.96 Oct 2025 $304,379.96 $0.00 $304,379.96 Oct 2026 $304,379.96 $0.00 $304,379.96 Total $1,521,900.00 $0.00 $1,521,900.00 Page 1 Q-403131-44813.718CP Quote Unbundled Price: $1,900,239.00 Quote List Price: $1,602,000.00 Quote Subtotal: $1,521,900.00 Pricing All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program T7Cert 2021 Taser7 Certification Bundle 445 60 $71.17 $60.00 $57.00 $1,521,900.00 $0.00 $1,521,900.00 Total $1,521,900.00 $0.00 $1,521,900.00 Page 2 0-403131-44813.718CP Delivery Schedule Hardware Bundle Item Description QTY Estimated Delivery Date 2021 Taser 7 Certification Bundle 20008 TASER 7 HANDLE,YLW,HIGH VISIBILITY(GREEN LASER),CLASS 3R 445 09/01/2022 2021 Taser 7 Certification Bundle 20008 TASER 7 HANDLE,YLW,HIGH VISIBILITY GREEN LASER),CLASS 3R 14 09/01/2022 2021 Taser 7 Certification Bundle 20018 TASER 7 BATTERY PACK,TACTICAL 534 09/01/2022 2021 Taser 7 Certification Bundle 20050 HOOK-AND-LOOP TRAINING HALT SUIT 4 09/01/2022 2021 Taser 7 Certification Bundle 20062 TASER 7 HOLSTER-BLACKHAWK,RIGHT HAND 445 09/01/2022 2021 Taser 7 Certification Bundle 22175 TASER 7 LIVE CARTRIDGE,STANDOFF 3.5-DEGREE NS 1335 09/01/2022 2021 Taser 7 Certification Bundle 22175 TASER 7 LIVE CARTRIDGE,STANDOFF 3.5-DEGREE NS 890 09/01/2022 2021 Taser 7 Certification Bundle 22176 TASER 7 LIVE CARTRIDGE,CLOSE QUARTERS 12-DEGREE NS 1335 09/01/2022 2021 Taser 7 Certification Bundle 22176 TASER 7 LIVE CARTRIDGE,CLOSE QUARTERS 12-DEGREE NS 890 09/01/2022 2021 Taser 7 Certification Bundle 22177 TASER 7 HOOK-AND-LOOP TRN HALT CARTRIDGE,STANDOFF NS 890 09/01/2022 2021 Taser 7 Certification Bundle 22178 TASER 7 HOOK-AND-LOOP TRN HALT CARTRIDGE,CLOSE QUART NS 890 09/01/2022 2021 Taser 7 Certification Bundle 22179 TASER 7 INERT CARTRIDGE,STANDOFF 3.5-DEGREE NS 50 09/01/2022 2021 Taser 7 Certification Bundle 22181 TASER 7 INERT CARTRIDGE,CLOSE QUARTERS 12-DEGREE NS 50 09/01/2022 2021 Taser 7 Certification Bundle 70033 WALL MOUNT BRACKET,ASSY,EVIDENCE.COM DOCK 5 09/01/2022 2021 Taser 7 Certification Bundle 71019 NORTH AMER POWER CORD FOR A133 8-BAY,A1321-BAY/6-BAY DOCK 5 09/01/2022 2021 Taser 7 Certification Bundle 74200 TASER 7 6-BAY DOCK AND CORE 5 09/01/2022 2021 Taser 7 Certification Bundle 80087 TASER 7 TARGET,CONDUCTIVE,PROFESSIONAL RUGGEDIZED 6 09/01/2022 2021 Taser 7 Certification Bundle 80090 TARGET FRAME,PROFESSIONAL,27.5 IN.X 75 IN.,TASER 7 6 09/01/2022 2021 Taser 7 Certification Bundle 22175 TASER 7 LIVE CARTRIDGE,STANDOFF 3.5-DEGREE NS 890 09/01/2023 2021 Taser 7 Certification Bundle 22176 TASER 7 LIVE CARTRIDGE,CLOSE QUARTERS 12-DEGREE NS 890 09/01/2023 2021 Taser 7 Certification Bundle 22175 TASER 7 LIVE CARTRIDGE,STANDOFF 3.5-DEGREE NS 890 09/01/2024 2021 Taser 7 Certification Bundle 22176 TASER 7 LIVE CARTRIDGE,CLOSE QUARTERS 12-DEGREE NS 890 09/01/2024 2021 Taser 7 Certification Bundle 22177 TASER 7 HOOK-AND-LOOP TRN HALT CARTRIDGE,STANDOFF NS 890 09/01/2024 2021 Taser 7 Certification Bundle 22178 TASER 7 HOOK-AND-LOOP TRN HALT CARTRIDGE,CLOSE QUART NS 890 09/01/2024 2021 Taser 7 Certification Bundle 22175 TASER 7 LIVE CARTRIDGE,STANDOFF 3.5-DEGREE NS 890 09/01/2025 2021 Taser 7 Certification Bundle 22176 TASER 7 LIVE CARTRIDGE,CLOSE QUARTERS 12-DEGREE NS 890 09/01/2025 2021 Taser 7 Certification Bundle 22175 TASER 7 LIVE CARTRIDGE,STANDOFF 3.5-DEGREE NS 890 09/01/2026 2021 Taser 7 Certification Bundle 22176 TASER 7 LIVE CARTRIDGE,CLOSE QUARTERS 12-DEGREE NS 890 09/01/2026 Software Bundle Item Description QTY Estimated Start Date Estimated End Date 2021laser 7 Certification Bundle 20248 TASER 7 EVIDENCE.COM LICENSE 445 10/01/2022 09/30/2027 2021 Taser 7 Certification Bundle 20248 TASER 7 EVIDENCE.COM LICENSE 2 10/01/2022 09/30/2027 Services Bundle Item _Description QTY 2021 Taser 7 Certification Bundle 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 2021 Taser 7 Certification Bundle 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 2021 Taser 7 Certification Bundle 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 2021 Taser 7 Certification Bundle 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 2021 Taser 7 Certification Bundle 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 Page 3 Q403131-44813.718CP Services Bundle Item Description QTY 2021 Taser 7 Certification Bundle 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 4___ 2021 Taser 7 Certification Bundle 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 4 2021 Taser 7 Certification Bundle 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 4 2021 Taser 7 Certification Bundle 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 4 2021 Taser 7 Certification Bundle 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 4 Warranties Bundle Item Description QTY Estimated Start Date Estimated End Date 2021 Taser 7 Certification Bundle 80374 EXT WARRANTY,TASER 7 BATTERY PACK 534 09/01/2023 09/30/2027 2021 Taser 7 Certification Bundle 80395 EXT WARRANTY,TASER 7 HANDLE 445 09/01/2023 09/30/2027 2021 Taser 7 Certification Bundle 80395 EXT WARRANTY TASER 7 HANDLE 14 09/01/2023 09/30/2027 2021 Taser 7 Certification Bundle 80396 EXT WARRANTY,TASER 7 SIX BAY DOCK 5 09/01/2023 09/30/2027 Page 4 Q-403131-44813.718CP Payment Details Oct 2022 Invoice Plan Item Description Qty Subtotal Tax Total Year 1 T7Cert 2021 Taser 7 Certification Bundle 445 $304,380.16 $0.00 $304,380.16 Total $304,380.16 $0.00 $304,380.16 Oct 2023 Invoice Plan Item Description Qty Subtotal Tax Total Year 2 T7Cert 2021 Taser 7 Certification Bundle 445 $304,379.96 $0.00 $304,379.96 Total $304,379.96 $0.00 $304,379.96 Oct 2024 Invoice Plan Item Description Qty Subtotal Tax Total Year 3 T7Cert 2021 Taser 7 Certification Bundle 445 $304,379.96 $0.00 $304,379.96 Total $304,379.96 $0.00 $304,379.96 Oct 2025 Invoice Plan Item Description Qty Subtotal Tax Total Year4 T7Cert 2021 Taser7 Certification Bundle 445 $304,379.96 $0.00 $304,379.96 Total $304,379.96 $0.00 $304,379.96 Oct 2026 Invoice Plan Item Description Qty Subtotal Tax Total Year 5 T7Cert 2021 Taser 7 Certification Bundle 445 $304,379.96 $0.00 $304,379.96 Total $304,379.96 $0.00 $304,379.96 Page 5 0-403131-44813.718CP Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing.If a tax exemption certificate should be applied,please submit prior to invoicing. Standard Terms and Conditions Axon Enterprise Inc.Sales Terms and Conditions Axon Master Services and Purchasing Agreement: This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon Enterprise,Inc.'s TASER 7 Agreement executed by Axon on September 08,2022. Acceptance of Terms: Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions.By signing below,you represent that you are lawfully able to enter into contracts.If you are signing on behalf of an entity(including but not limited to the company,municipality,or government agency for whom you work),you represent to Axon that you have legal authority to bind that entity. If you do not have this authority,please do not sign this Quote. Page 6 0-403131-44813.718CP Exceptions to Standard Terms and Conditions Agency has existing contract 00017671 (originated via Q-125602)from 7/15/2018-7/14/2023 and is terminating this contract effective 7/14/22.Termination of aforementioned contract(s)will be accepted when an executed copy of this agreement is received. Agency may add additional Taser 7 Certification bundles at the current contracted$60 Per User Per Month price,plus a True-Up fee,until business close on 12/31/2023. In addition to inherent savings through Axon's bundled offerings,a 5%discount was applied to this contract,amounting to approximately$189.37 per older TASER device. Signature Date Signed 9/9/2022 Page 7 Q-403131-44813.718CP Page 8 Q-403131-44813.718CP ATTENTION This order may qualify for freight shipping,please fill out the following information. Who is the receiving contact and what is the contact phone number for this shipment? What are the receiving hours of operation? Is a loading dock available for this incoming shipment? If yes,are you able to unload pallets from the trailer or will the driver need to assist with unload? Do you have a forklift and/or pallet jack to transport pallets into your facility? Are there any delivery restrictions(no 53'trailers,no box trucks,etc.)? Page 9 Q-403131-44813.718CP Resolution authorizing a five-year lease-purchase agreement with Axon Enterprise, Inc., of Scottsdale, Arizona, in the amount of $1,521,900.00 for the purchase of 445 tasers, supplies, software licenses, and training for the Police Department, with funding of $304,380.16 requested in the FY 2023 budget from the Crime Control and Prevention District and Police Grants Fund. WHEREAS, the lease-purchase of replacement tasers, supplies, software licenses, and training is necessary to maintain the operational capabilities of the Police Department; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there is a statutory exemption for this procurement in Local Government Code, Section 252.022(a)(2), as this purchase is necessary to preserve or protect the public health or safety of the City's residents; and WHEREAS, there is an additional statutory exemption for this procurement in Local Government Code, Section 252.022(a)(7)(A), as this item is available from only one source because of patents, copyrights, secret processes, or natural monopolies. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or his designee, is authorized to execute a five-year lease- purchase agreement for the supply of tasers and related items for the Police Department with Axon Enterprise, Inc., for $1 ,521 ,900.00, with funding of $304,380.16 requested in the FY2022-23 budget from the Crime Control and Prevention District and Police Grants Fund. PASSED AND APPROVED on the day of , 2022: Paulette 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 Guajardo City Secretary Mayor 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting September 6, 2022 DATE: September 6, 2022 TO: Peter Zanoni, City Manager FROM: David Lehfeldt, Director of Solid Waste Services David L3(a)cctexas.com (361) 826-3042 Josh Chronley, Assistant Director of Finance — Procurement Josh C2(a)cctexas.com (361) 826-3169 Tire Collection and Recycling/Disposal Services for Solid Waste Services CAPTION: Motion authorizing a three-year service agreement with T7 Enterprises, LLC, dba Reliable Tire Disposal, for the tire collection and recycling/disposal services, in an amount not to exceed $202,500.00, with FY 2022 funding of $5,625.00 from the General Fund. SUMMARY: The motion is to approve a three-year service agreement for Tire Collection and Recycling/Disposal services for Solid Waste Services. BACKGROUND AND FINDINGS: The City of Corpus Christi collects approximately 450 tons of used and/or scrap tires on an annual basis. Waste tires are collected from residential and commercial customers, at the J.C. Elliott Transfer Station, the Cefe Valenzuela Landfill and from illegal dump sites by city staff. The Contractor will collect the tires from the site the Transfer Station and landfill to dispose and /or recycle the tires as per TCEQ guidelines. PROCUREMENT DETAIL: Finance— Procurement conducted a competitive Request for Bid process to obtain bids for a long- term contract. The City received a total of two bids and is recommending award to the lowest responsive, responsible bidder, T7 Enterprises, LLC dba Reliable Tire Disposal. The incumbent, Texas Land Reclamation, LLC dba UTW Tire Collection Services was not the lowest bidder. The total value of the contract decreased approximately 43%. ALTERNATIVES: Not applicable. FISCAL IMPACT: The annual cost will not exceed $67,500. This is based on an estimate of 350 tons to be collected at J.C. Elliott and 100 tons to be collected at the Cefe Valenzuela Landfill. This item is budgeted in FY 2022 and is budgeted in the FY 2023 proposed budget. FUNDING DETAIL: Fund: 1020 Organization/Activity: 12504 Mission Element: 033 Project # (CIP Only): Account: 530000 Amount: $4,387.50 Fund: 1020 Organization/Activity: 12506 Mission Element: 033 Project # (CIP Only): Account: 530000 Amount: $1 ,237.50 RECOMMENDATION: Staff recommends approval of this motion authorizing a three-year service agreement with T7 Enterprises, LLC dba Reliable Tire Disposal for the tire collection and recycling/disposal services. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement �Z1S C� o� �� City of Corpus Christi Bid Tabulation 0 Finance- Procurement RFB 4248-Tire Collection and Recycling/Disposal Services Senior Buyer:Tracy Garza Solid Waste Department U ht12o Texas Land Reclamation, LLC Reliable Tire Disposal dba UTW Tire Collection Burnet,TX Service Donna TX ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE Fee to stage trailers and collect,transport,process, 1 and properly recycle and/or dispose used tires from Tons 1,350 $ 150.00 $ 202,500.00 $ 222.00 $ 299,700.00 the Cefe Valenzuela Landfill and the JC Elliott Collection Center GRAND TOTAL $ 202,500.00 $ 299,700.00 DocuSign Envelope ID: 1 C2CE2D1-FCFO-4BF4-B517-OF26AD25C207 �yV SC G° a 0 H SERVICE AGREEMENT NO. 4248 U TIRE COLLECTION AND RECYCLING/DISPOSAL SERVICES yeanaonn!e 1852 THIS Tire Collection and Recycling/Disposal Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and T7 Enterprises LLC, dba Reliable Tire Disposal ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Tire Collection and Recycling/Disposal Services in response to Request for Bid/Proposal No. 4248 ("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 Tire Collection and Recycling/Disposal Services ("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 three years 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 zero additional zero-year periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. Service Agreement Standard Form Page 1 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: 1 C2CE2D1-FCFO-4BF4-B517-OF26AD25C207 3. Compensation and Payment. This Agreement is for an amount not to exceed $202,500.00, subject to approved extensions and changes. Payment will be made for Services performed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next Option Period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Gabriel Maldonado Department: Solid Waste Operations Phone: (361 )-826-1986 Email: GabrielM3@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as Service Agreement Standard Form Page 2 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: 1 C2CE2D1-FCFO-4BF4-B517-OF26AD25C207 may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. Service Agreement Standard Form Page 3 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: 1 C2CE2D1-FCFO-4BF4-B517-OF26AD25C207 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Gabriel Maldonado Title: Contracts / Funds Administrator Address: 2525 Hygeia St. I Corpus Christi, TX 78415 Phone: (361) 826-1986 Fax: (361) 826-1971 IF TO CONTRACTOR: T7 Enterprises, LLC dba Reliable Tire Disposal Attn: Anetra Thoms Title: Owner/CAO Address: 3345 State Hwy 29 E., Burnet, Texas 78611 Phone: 512-756-8218 Service Agreement Standard Form Page 4 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: 1 C2CE2D1-FCFO-4BF4-B517-OF26AD25C207 Fax: N/A 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 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. Service Agreement Standard Form Page 5 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: 1 C2CE2D1-FCFO-4BF4-B517-OF26AD25C207 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. Service Agreement Standard Form Page 6 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: 1 C2CE2D1-FCFO-4BF4-B517-OF26AD25C207 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Service Agreement Standard Form Page 7 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: 1 C2CE2D1-FCFO-4BF4-B517-OF26AD25C207 CONTRACTOR D .Signed by: aKkt (A. bw�aS Signature: Printed Name'. Anetra Thomas Title: owner Date: 8/8/2022 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 Incorporated by Reference Only: Exhibit l : RFB/RFP No. 4248 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 8 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: 1 C2CE2D1-FCFO-4BF4-B517-OF26AD25C207 ATTACHMENT A - SCOPE OF WORK Background Information A. The Cefe Valenzuela Landfill and J.C. Elliott Collection Center collects used and/or scrap tires from residential and commercial customers for disposal or recycling. B. In 2021, the Cefe Valenzuela Landfill and J.C. Elliott Collection Center collected 24 tons and 392 tons of used and/or scrap tires respectively. Tire Collection and Recycling /Disposal A. The Contractor shall provide tire collection and recycling/disposal services at Cefe Valenzuela Landfill, and J.C. Elliott Collection Center. The Cefe Valenzuela Landfill is located at the intersection of Farm to Market 2444 and County Road 20. The J.C. Elliott Collection Center is located at 7001 Ayers St, Corpus Christi, TX 78415. B. The Contractor shall be responsible for labor, equipment, and transportation necessary for collection and recycling/disposing tires from the location. C. The Contractor will be required to station a minimum of one 40' or greater trailer at each location for tire collection. D. The Contractor will collect approximately 100 tons from Cefe Valenzuela Landfill, and approximately 350 tons from J.C. Elliott Collection Center. This is an annual estimate. The City does not guarantee any minimum tonnages under this contract. E. The frequency of trailer collection will depend on trailer size. Generally, in a 40' trailer, the frequency of trailer collection will be approximately 10 days at J.C. Elliott Collection Center, and approximately 6 weeks at Cefe Valenzuela Landfill. F. The City's employee will oversee the loading of tires. Every effort will be made to ensure maximum airspace is utilized to load trailers. G. The City will notify the contractor once trailer is filled. The Contractor shall remove the trailer within 48 hours of the notification. The Contractor shall bring an empty trailer to the requested location to replace the filled trailer. H. The Contractor must be weighted at State certified weigh stations to determine tonnage. I. The Contractor shall be responsible for maintenance of trailers located at all sites. J. All tires disposed, recycled, or processed under this contract shall be in accordance with all Federal, State, and local rules and regulations. K. The Contractor shall be responsible for ensuring that used and/or scrap tires are transported to an authorized facility for recycling and/or disposal. L. The City of Corpus Christi will not be responsible for the Contractor's illegal action in handling the tires. M. The Contractor shall maintain all permits and licenses necessary to perform the work, and present proof of its permits and licenses to City representatives when requested. DocuSign Envelope ID: 1 C2CE2D1-FCFO-4BF4-B517-OF26AD25C207 N. All vehicles used by the Contractor to transport used tires shall display the Company name and the required tire hauling permits. O. The removal of tires from location are limited from 8:00 AM to 4:00 PM, Monday thru Friday excluding City holidays. A list of City holidays will be given upon award. P. Tire Collection may include rims and contain dirt and debris. The Contract must accept tires in as is condition with no additional charges. Tire loads will not be segregated by the City in any manner. Recordkeeping A. Transportation of tires must be properly documented via Texas Commission on Environmental Quality (TCEQ) Whole Used or Scrap Tire manifest form or similar form approved by state law. The form must be signed by a City employee at the collection site before they are removed from the collection site. B. The Contractor must provide a copy of completed form within 60 days after the used and/or scrap tires were transported. C. The Contractor shall notify the City of any changes to the form. D. The City reserves the right to act as per local and state law for not providing the form as per timeline defined by the state law. E. The Contractor shall maintain records as per federal, state, and local laws and regulation. Invoicinq The Contractor shall invoice after each collection in accordance with the contract pricing. The Contractor shall invoice the cost for each location. along with monthly invoices. The Contractor must provide support documentation to include a listing of receipts to include ticket number, tonnage, date, quantity disposed, gross weight, tare weight, and net weight. The City will match receipts with records from the facility collected. Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. DocuSign Envelope ID: 1 C2CE2D1-FCFO-4BF4-B517-OF26AD25C207 ATTACHMENT B - PRICING SCHEDULE SC CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT o BID FORM OflPOA A�f� 1852 RFB NO. 4248 TIRE COLLECTION AND RECYCLING/DISPOSAL SERVICES Date: PAGE 1 OF 1 � I �� Z� Authorized Bidder: 1�e-\-�" elPA 0�,�-QAIJ Signature: '—�--�—� 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. CITY UNIT ITEM DESCRIPTION UNIT 3 YEARS PRICE TOTAL PRICE Fee to stage trailers and collect, transport, process, and properly 1 recycle and/or dispose used Tons 1,350 tires from the Cefe Valenzuela Landfill and the J.C. Elliott Collection Center DocuSign Envelope ID: 1 C2CE2D1-FCFO-4BF4-B517-OF26AD25C207 ATTACHMENT C - INSURANCE AND BOND REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Commercial General Liability $1 ,000,000 Per Occurrence Including: 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000 C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a DocuSign Envelope ID: 1 C2CE2D1-FCFO-4BF4-B517-OF26AD25C207 policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide 30 calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. E. Within 5 calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit DocuSign Envelope ID: 1 C2CE2D1-FCFO-4BF4-B517-OF26AD25C207 hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. No Bonds are required for this Service Agreement. 2021 Insurance Requirements Ins. Req. Exhibit 4-113 Contracts for General Services -Services Performed Onsite 05/10/2021 Risk Management - Legal Dept. DocuSign Envelope ID: 1 C2CE2D1-FCFO-4BF4-B517-OF26AD25C207 ATTACHMENT D - WARRANTY REQUIREMENTS No product warranty applies to the Service Agreement. 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting September 13, 2022 DATE: September 13, 2022 TO: Peter Zanoni, City Manager FROM: Charles Mendoza, Director of Asset Management Charlesm2@cctexas.com (361) 826-1941 Josh Chronley, Assistant Director of Finance-Procurement Josh C2(a)cctexas.com (361) 826-3169 Cost Increases for Vehicles and Equipment Previously Approved by City Council CAPTION: Resolution authorizing the expenditure of additional funds in the amount of $280,398.18 for the acquisition of 19 previously approved vehicles and equipment for various departments, with FY 2022 funding of$59,065.00 for the purchases and the remaining balance of$221 ,333.18 for the lease-purchases from future FY 2023 funding, subject to appropriation. SUMMARY: Resolution authorizing the approval of price increases on a total of 19 vehicles and equipment previously approved through City Council. BACKGROUND AND FINDINGS: On March 16, 2021, Council approved Legistar 21-0189, the lease purchase via JP Morgan, one Western Star Rolloff truck from Lonestar Freightliner Group, LLC of Waco, Texas for a total amount of $214,522.96 for Solid Waste with funding from the General Fund. Due to a cost increase of material, the price has increased by $15,850.05. To reflect the price increase, Solid Waste is authorized to acquire by lease purchase via JP Morgan, one Western Star Rolloff truck from Lonestar Freightliner Group, LLC of Waco, Texas for a total amount of $230,373.01 with funding from the General Fund. The item listed will be acquired through the BuyBoard cooperative. On April 20, 2021 , Council approved Legistar 21-0348, the lease purchase via JP Morgan, one LR64 Refuse Truck from Grande Ford Truck Sales, Inc, dba Grande Truck Center of San Antonio, Texas for a total amount of $348,568.25 for Solid Waste with funding from the General Fund. Grande Truck Center of San Antonio, Texas is now known as Bruckner Truck Sales, Inc. Wichita Falls, Texas. Due to a cost increase of material, the price has increased by $28,382.66. To reflect the price increase, Solid Waste is authorized to acquire by lease purchase via JP Morgan, one LR64 Refuse Truck from Bruckner Truck Sales, Inc. Wichita Falls, Texas for a total amount of $376,950.91 with funding from the General Fund. The item listed will be acquired through the HGAC cooperative. On May 11 , 2021 , Council approved Legistar 21-0458, the lease purchase via JP Morgan, one brush container truck from Houston Freightliner, Inc. of Houston, Texas for a total amount of $157,350.21 for Solid Waste with funding from the General Fund. Due to a cost increase of material, the price has increased by $13,914.61 . To reflect the price increase, Solid Waste is authorized to acquire by lease purchase via JP Morgan, one brush container truck from Houston Freightliner, Inc. of Houston, Texas for a total amount of $171 ,264.82 with funding from the General Fund. The item listed will be acquired through the HGAC cooperative. On January 25, 2022, Council approved Legistar 22-0045, the purchase of one Transit 15 Passenger Van, four Transit 250 Cargo Vans, and one E350 SRW KUV van from Silsbee Ford of Silsbee, Texas for a total amount of$230,526.75 for Asset Management— Fleet Division, CCW— Wastewater Division and CCW - Water Divisions with funding from the Fleet Equipment Replacement Fund. Since approval, the manufacturer cancelled production and placed the order in the next production schedule, requiring a new order with a price increase of$71 ,515. To reflect the price increase Asset Management — Fleet Division and CCW — Wastewater and Water Divisions are authorized to purchase one Transit 15 Passenger Van, four Transit 250 Cargo Vans, and one E350 SRW KUV van from Silsbee Ford of Silsbee, Texas for a total amount of $302,041 .75 with funding from the Fleet Equipment Replacement Fund and Wastewater Fund. The items listed will be acquired through the GoodBuy cooperative. On February 22, 2022, Council approved Legistar 22-0185, the lease purchase via JP Morgan, six CPS 32' End Dump Trailers from Pavelka Truck and Trailer Sales of Robstown, Texas for a total amount of $374,134.32 for Public Works with funding from the Storm Water Fund. Due to a cost increase of material, the price has increased by $50,659.98. To reflect the price increase, Public Works is authorized to acquire by lease purchase via JP Morgan, six CPS 32' End Dump Trailers from Pavelka Truck and Trailer Sales of Robstown, Texas for a total amount of $424,794.30 with funding from the Storm Water Fund. The items listed will be acquired through the HGAC cooperative. On February 22, 2022 Council approved Legistar 22-0185, the lease purchase via JP Morgan, four Mack LR64 McNelius Garbage Trucks from Buckner Truck Sales, Inc. Wichita Falls, Texas for a total amount of $1 ,520,335.06 for Solid Waste, with funding from the General Fund. Due to a cost increase of material, the price has increased by $100,075.88. To reflect the cost increase, Solid Waste is authorized to acquire by lease purchase via JP Morgan, four Mack LR64 McNelius Garbage Trucks from Buckner Truck Sales, Inc. Wichita Falls, Texas for a total amount of $1 ,620,410.94 with funding from the General Fund. The items listed will be acquired through the HGAC cooperative. 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 cost increases of $59,065.00 are funded by various department funds. The remaining balance of $221 ,333.18 for the lease-purchases from future FY2023 funding, subject to appropriation. The interest rate for the lease purchased items, depended on the estimated time of arrival is between 4% through 5% for a total cost of $319,092.66, and a term of 60 months. FUNDING DETAIL: Various Department RECOMMENDATION: Staff recommends approval of this item as presented. LIST OF SUPPORTING DOCUMENTS: Resolution with Exhibit A Resolution authorizing the expenditure of additional funds in the amount of $280,398.18 for the acquisition of 19 previously approved vehicles and equipment for various departments, with FY2022 funding of $59,065.00 for four purchases and the balance of $221,333.18 for the remaining purchases and lease-purchases from future FY 2023 funding, subject to appropriation. WHEREAS, there were cost increases due to market volatility and supply chain issues that affected the acquisition of 19 vehicles and equipment previously approved by the City Council; and WHEREAS, these acquisitions remain sourced through the purchasing cooperatives originally specified, at the increased amounts, and with the dollar differential to be provided 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. Nineteen vehicle and equipment units are authorized to be acquired by purchase or by lease-purchase via JP Morgan, as applicable, at the increased dollar amounts stated in Exhibit A, such exhibit being incorporated by reference as if its content was fully set out here in its entirety. To accomplish the purposes of this resolution, the following previously approved resolutions are superseded only to the extent necessary to capture the full dollar amount of each unit due to the price increases: Resolutions 21-0189, 21-0348, 21-0458, 22-0045, and 22-0185. Section 3. The City Manager, or his designee, is authorized to execute all documents necessary to acquire the 19 vehicles and equipment enumerated in Exhibit A of this resolution in the manner, from the fund accounts, and through the purchasing cooperatives identified and to expend an estimated amount of $280,398.18, which is in addition to the funding previously authorized (as detailed herein and in Exhibit A) in order to complete these acquisitions, of which FY 2022 funding of $59,065 is for four purchases and the balance of $221 ,333.18 will be from future FY 2023 funding, subject to appropriation. PASSED AND APPROVED on the day of , 2022 Paulette 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 Guajardo City Secretary Mayor Exhibit A-Price Increases Initial Approved Price Upd—d Price Typ. f App—I L.&- D.pt F—ding Ac-Unit Act.— lt.m D—flpti.n city Unit C— E.t C.. Unit C— E.t C.. Mt. Lease-Purchase 3/16/2021 21-0189 Solid Waste General Fund 1020-12511-033 530190 2021 Western Star4700SF Rolloff 1 214,522.96 214,522.96 230,373.01 230,373.01 15,850.05 Mack LR64 Chassis with Neway ASL Lease-Purchase 4/20/2021 21-0348 Solid Waste General Fund 1020-12514-031 530190 Body 1 348,568.25 348,568.25 376,950.91 376,950.91 28,382.66 Freightliner M2106 Chassis Lease-Purchase 5/11/2021 21-0458 Solid Waste General Fund 1020-12511-031 530190 with Peterson Brush Container Body 1 157,350.21 157,350.21 171,264.82 171,264.82 13,914.61 Fleet Equipment Replacement Purchase 1/25/2022 22 0045 Asset Mgmt-Fleet Fund 5111-40111-201 550020 Transit 15-Passenger Van 1 36,481.75 36,481.75 48,931.75 48,931.75 12,450.00 Purchase 1/25/2022 22-0045 CCW-Waste Water W-e Water Fund 4200-33210-065 550020 Transit 250 Cargo Van 4 36,096.75 144,387.00 48,246.75 192,987.00 48,600.00 Purchase 1/25/2022 22 0045 CCW-Waste Water Waste Water Fund 4200-33210-065 550020 Van Co-op Fee 300.00 300.00 300.00 300.00 Fleet Equipment Replacement Purchase 1/25/2022 22-0045 CCW-Water Fund 5111-31502-201 550020 E350 SRW KUV Body 1 49,358.00 49,358.00 59,823.00 59,823.00 10,465.00 Lease-Purchase 2/22/2022 22-0185 PW-Storm Water Storm Water Fund 4300-32005-043 530190 CPS 32'End Dump Trailer 6 62,355.720 374,134.32 70,799.05 424,794.30 50,659.98 Lease-Purchase 2/22/2022 22-0185 Solid Waste General Fund 1020-12510-032 530190 Mack LR64 McNelius Z-RADASL 1 380,083.765 380,083.765 405,102.74 405,102.74 25,018.97 Lease-Purchase 2/22/2022 22-0185 Solid Waste General Fund 1020-12512-032 530190 Mack LR64 McNelius Z-RADASL 2 380,083.765 760,167.530 405,102.74 810,205.47 50,037.94 Lease-Purchase 2/22/2022 22-0185 Solid Waste General Fund 1020-12511-031 530190 Mack LR64 McNelius Z-RADASL 1 380,083.765 380,083.765 405,102.74 405,102.74 25,018.97 T..k 19 2,845,437.55 3,125,835.73 280,398.18 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting September 13, 2022 DATE: September 13, 2022 TO: Peter Zanoni, City Manager FROM: Charles Mendoza, Director of Asset Management CharlesM2@cctexas.com (361) 826-1941 Josh Chronley, Assistant Director of Finance-Procurement Josh C2(a)cctexas.com (361) 826-3169 Combined 15 Vehicles and Equipment Procurement CAPTION: Resolution authorizing the acquisition of 15 vehicles and equipment by various departments, of which five units will be outright purchases and 10 units will be lease-purchases through JP Morgan, for an estimated total of $3,288,795.82, with such items to be acquired in the manner, at the amounts, and from the sources stated, with FY 2022 funding of$536,630.69 for the purchases and the remaining balance of $2,752,165.13 for the lease-purchase items from future FY 2023 funding, subject to appropriation. SUMMARY: Resolution authorizes the acquisition of a total of 15 vehicles and equipment by various departments. These units to be purchased through BuyBoard, Sourcewell, and HGACBuy cooperatives of which five units will be outright purchases and 10 units will be lease purchases. BACKGROUND AND FINDINGS: CCW-Wastewater is authorized to acquire by lease-purchase, via JP Morgan (i) two Freightliner 11450 Chassis for Vactor bodies from Houston Freightliner Inc., of Houston, Texas for a total amount of $326,313.10 with funding from the Waste Water Fund-, (ii) two Vactor 21001 Body from Kinloch Equipment & Supply, Inc., of Pasadena, Texas for a total amount of $1 ,055,378.64 with funding from the Waste Water Fund. Items (i) will be acquired through HGACBuy Cooperative, and (ii) will be acquired through Sourcewell Cooperative. Gas Department is authorized to acquire by lease-purchase, via JP Morgan one Western Star Freightliner from Lonestar Truck Group of Abilene, Texas for a total amount of $264,498.60 with funding from Gas Fund to be acquired by Buyboard Cooperative. Solid Waste Department is authorized to acquire by purchase (i) one Freightliner 108SD with brush body from Houston Freightliner Inc., of Houston, Texas for a total amount of $198,733.34 with funding from Fleet Equipment Replacement Fund. In addition, Solid Waste Department is authorized to acquire by lease-purchase, via JP Morgan (ii) five Freightliner 108SD with brush body from Houston Freightliner Inc., of Houston, Texas for a total amount of $1 ,152,621 .65 with funding from the General Fund. Items (i) and (ii) will be acquired through HGACBuy Cooperative. Public Works-Streets is authorized to acquire by purchase (i) two Holden trailers from BTE Body Co., Inc. of Irving, Texas for a total amount of $98,498.40 with funding from the Streets Fund, and (ii) one Freightliner M2-106 from Houston Freightliner, Inc., of Houston Texas for a total amount of $143,502.89 with funding from Fleet Equipment Replacement Fund. Item (i) will be acquired through the BuyBoard Cooperative and (ii) will be acquired though HGACBuy Cooperative. Public Works-Storm Water is authorized to acquire by purchase one Holden trailerfrom BTE Body Co., Inc. of Irving Texas for a total of $49,249.20 with funding from the Fleet Equipment Replacement Fund. Item will be acquired through the BuyBoard Cooperative. PROCUREMENT DETAIL: This procurement is through the BuyBoard, HGACBuy, and Sourcewell cooperatives. 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. The approval of this item represents a total of 100% or 373 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 $536,630.69 funded by various department funds. The remaining balance of $2,752,165.13 for the lease purchase items will be funded through the annual budget process. The interest rate for the lease purchased items is 6.00% for a total cost of$385,976.67, and a term of 60 months. FUNDING DETAIL: Various RECOMMENDATION: Staff recommends approval of this item as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Exhibit 1 Spreadsheet Exhibit 2 Spreadsheet Resolution authorizing the acquisition of 15 vehicles and equipment by various departments, of which five units will be outright purchases and 10 units will be lease-purchases through JP Morgan, for an estimated total of $3,288,795.82, with such items to be acquired in the manner, at the amounts, and from the sources stated, with FY 2022 funding of $536,630.69 for the purchases and the remaining balance of $2,752,165.13 for the lease- purchase items from future FY 2023 funding, subject to appropriation. WHEREAS, various City departments need to acquire both new and replacement fleet vehicles via direct purchase or a lease-purchase; and WHEREAS, such acquisitions are to be sourced through 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. Corpus Christi Water ("CCW"), Waste Water Division, is authorized to acquire by lease-purchase, via JP Morgan: (i) two Freightliner 11450 chassis for Vactor bodies from Houston Freightliner, Inc., of Houston ("Houston Freightliner"), for an estimated amount of $326,313.10 with funding from the Waste Water Fund; (ii) two Vactor 21001 bodies from Kinloch Equipment & Supply, Inc., of Pasadena, Texas, for an estimated amount of$1,055,378.64, both to be acquired with FY 2023 funding from the Waste Water Fund. Item (i) will be acquired through the Houston-Galveston Area Council's Cooperative Purchasing Program ("HGACBuy"), and item (ii) will be acquired through the Sourcewell Cooperative ("Sourcewell"). Section 3. The Gas Department is authorized to acquire by lease-purchase, via JP Morgan, one Western Star Freightliner from Lonestar Truck Group of Abilene, Texas, for an estimated amount of $264,498.60 with FY 2023 funding from the Gas Fund through the BuyBoard Cooperative ("BuyBoard"). Section 4. The Solid Waste Department is authorized to acquire by purchase one Freightliner 108SD with brush body from Houston Freightliner for an estimated amount of $198,733.34 with FY 2022 funding from the Fleet Equipment Replacement Fund. Additionally, the department is authorized to acquire by lease-purchase, via JP Morgan, five Freightliner 108SD with brush body from Houston Freightliner for an estimated amount of$1,152,621 .65, with FY 2023 funding from the General Fund. All items will be acquired through HGACBuy. Section 5. The Public Works Department, Streets Division, is authorized to acquire by purchase (i)two Holden trailers from BTE Body Co., Inc., of Irving, Texas ("BTE"), for an estimated amount of $98,498.40, with FY 2022 funding from the Streets Fund, and (ii) one Freightliner M2-106 from Houston Freightliner for an estimated amount of $143,502.89, with FY 2022 funding from the Fleet Equipment Replacement Fund. Items (i) and (ii) will be acquired through BuyBoard and HGACBuy, respectively. Section 6. The Public Works Department, Storm Water Division, is authorized to acquire by purchase one Holden trailer from BTE for an estimated amount of $49,249.20, with FY 2022 funding from the Fleet Equipment Replacement Fund. This item will be acquired through BuyBoard. Section 7. Contingent funding of 10% has been included in the estimated amounts authorized in this resolution due to the volatility of market conditions and current supply chain issues, and such contingent funding will only be accessed on an as-needed basis per individual item purchased or acquired by lease-purchase. Section 8. The City Manager, or his designee, is authorized to execute all documents necessary to acquire the vehicles and equipment enumerated in this resolution for a total estimated amount of $3,288,795.82 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 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 Guajardo City Secretary Mayor Exhibit 1 15 Vehicles and Equipment e a���� oeq aaannty en or ame o �na�ng Baron Purd,ase nT. Freightf—lnc F-d 2 Replaament= P—d,ase wellVACTOR w,a9B.so G BODIES rcmlod,Egwp a s,ppry me and e laa.- Lese Purchase B Board Rw/Wlt-BEo TGr .up Gu Abilene un Fd 1Additf- Puad,ase TGAC FREIGHTLINER W BRUSH BODY solm wane eignninerinc 19a733s4 Fleet EquipmentReplaament Fund 1 Replaament Purchase n w/BRuse BODY loud ware elghtnerinc e,al wnd 3Admmns Publlcworks-Streets&SBots e t.— 3 FleetEqulp —Reply--t Purchase BuyB.ard TOLDENTRAILER W BI FOLD RAMPS Water 3 SHE B.dy 147,747.60 and streets Fund men_ Purchase TGAC FREIGHTLINER TANK TRUCK Public winks-streets DNlslon elght nerinc 143,502.89 Fleet Equlp—t Reply--t Fund 1 Reply--t roti: 1s a,—,-82 Exhibit 2 15 Vehicles and Equipment 5.1. —1111.1 I'll I I 1 11 51111112 115 11,llq,,pm.nll.pl��.m.nll,n,5111111111 55.. 1 1 1� 1. NA7 1.1 lq,,pm.nl I.p—m-1, 55 I'l I I I 1115M.1 ­0289 lq,,pm.nl I.p—m.nl 1, �2­1 511 1111 111 1911.�4 9""14 11 d= 5 2 5 11 2151 1� 1,�­21�5 �vs cr� �o o H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of September 6, 2022 DATE: September 6, 2022 TO: Peter Zanoni, City Manager FROM: Bill Mahaffey, Director of Gas Operations BilIM(a)cctexas.com (361) 826-1801 Josh Chronley, Assistant Director of Finance-Procurement Josh C2(a)cctexas.com (361) 826-3169 Purchase of Web-Based SCADA System Suite for Gas Operations CAPTION: Motion authorizing a three-year service agreement with eLynx Technologies, LLC, of Tulsa, Oklahoma, in an amount not to exceed $255,737.32 for the purchase of a web-based Supervisory Control and Data Acquisition (SCADA) system suite for Gas Operations, with FY 2022 funding from the Gas Fund. SUMMARY: This Motion is to purchase professional services, hardware, and software from eLynx Technologies, LLC, to replace the outdated Gas SCADA system from Wonderware that is currently in use. BACKGROUND AND FINDINGS: The critical Gas SCADA system is used to collect data, provide monitoring, provide status alarms, and store historical data. The City of Corpus Christi Gas Department does not have a maintenance contract for the existing outdated SCADA system. The system is no longer supported or commercially available and must be replaced with the City's standardized eLynx SCADA systems ensuring that each Gas site operates efficiently. PROCUREMENT DETAIL Finance-Procurement conducted a competitive Request for Bids process to obtain bids. The City received four responsive, responsible bids and staff is recommending the award to eLynx Technologies, LLC. ALTERNATIVES: An alternative would be not to upgrade the Gas SCADA System, which leaves the Gas work sites at risk of failed operations due to failure in software/hardware that cannot be easily replaced or supported. FISCAL IMPACT: The fiscal impact for Gas Operations in FY 2022 is $255,737.32 for this three-year service agreement with eLynx Technologies, LLC, of Tulsa, Oklahoma for the purchase of a web- based SCADA system suite for Gas Operations. FUNDING DETAIL: Fund: 4130 Gas Organization/Activity: 34120 Gas Pressure & Measurement Mission Element: 022 Gas Distribution System Project # (CIP Only): N/A Account: 520100 Computer Equipment & Software Noncapital RECOMMENDATION: Staff recommends approval of this service agreement with eLynx Technologies, LLC, for the purchase of a web-based SCADA system suite for Gas Operations as presented. A copy of the service agreement and bid tabulation is available to Council members upon request. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement City of Corpus Christi Bid Tabulation Procurement Department RFB#4172 Senior Buyer:Cynthia Perez Web-Based Scada System for Gas Operations Elynx Technologies,LLC Branif Systems,Inc. Nyati Services,Inc. SOAP Engineering,LLC Tyler,OK Laguna Hills,CA Corpus Christi,TX Houston,Texas ITEM Description QTY Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 Web-Based Scada System 1 Each $50,400.00 $ 50,400.00 $14,200.00 $ 14,200.00 $24,060.00 $ 24,060.00 $33,546.16 $ 33,546.16 Suite 2 One-time Set Up Website 1 Each $1,800.00 $ 1,800.00 $2,000.00 $ 2,000.00 $49,150.00 $ 49,150.00 $48,972.30 $ 48,972.30 Fee Total Cost:Consists associated for all 28 sites for the System Site Lump 3 1 $173,537.32 $ 173,537.32 $222,172.00 $ 222,172.00 $487,336.03 $ 487,336.03 $654,141.11 $ 654,141.11 Monitor Unit&7 sales Sum point check meters.(parts and labor) 4 ITraining Fees 1 1 Each $4,500.00 $ 4,500.00 $5,900.00 $ 5,900.00 $3,450.00 $ 3,450.00 $5,000.00 $ 5,000.00 5 Preventative Maintenance 3 Years $1,000.00 $ 3,000.00 $26,325.00 $ 26,325.00 $28,050.00 $ 28,050.00 $22,272.00 $ 66,816.00 Emergency Service Calls 6 including 60 Hours $200.00 $ 12,000.00 $15,000.00 $ 15,000.00 $14,700.00 $ 14,700.00 $14,700.00 $ 6,300.00 (weekends/holidays) 7 Miscellaneous Allowance $ 3,500.00 $ 3,500.00 $ 3,500.00 $ 3,500.00 8 Freight Allowance $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 Estimated Spend Mark-up Estimated Estimated Estimated Estimated o/ Spend+ Spend+ Spend+ Spend+ Markup Markup Markup Mar up 9 Material/Parts-Service o $ $0 6,000.00 10% $ 6,600.00 10% $ 6,600.00 TOTAL $ 255,737.32 $7 296,097.00 $ 617,846.03 $ 825,875.57 DocuSign Envelope ID: 192DC550-0854-4933-A191-062E4FA5FFDB SERVICE AGREEMENT THIS SERVICE AGREEMENT is effective as of this day of 2022 ("Effective Date") and is entered into by and between City of Corpus Christi ("Company")and e Lynx Technologies, LLC("eLynx"). Company and eLynx are referred to collectively as the "Parties" and individually as a "Party." In consideration of the mutual promises and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Company agrees to purchase, and eLynx agrees to provide to Company, certain services pursuant to the terms and conditions of this Agreement, including without limitation, the Terms and Conditions attached hereto ("Terms and Conditions"). As used herein, "Agreement" means this fully executed SERVICE AGREEMENT(referred to hereinafter as"Service Agreement"),the attachments hereto (including the Terms and Conditions), and all other documents referenced herein and therein. BASIC SERVICE *pricing to be kept confidential per Section 6.1 Base Services/Basic Tier Pricing Qty $ Per Asset Monthly Total SCADA per asset 35 $40.00 $1,400.00 Total Monthly Base Services $1,400.00 Note:up to 1-minute data granularity will be included at no additional cost on all assets up to with up to five data values. One Time Services$1,800.00(One-time setup website fee) Additional One Time Services will be billed at the Hourly Support Rate of$150.0 per hour during normal business hours Monday through Friday from 8 am to 5 pm. After hours and weekend requests will be billed at$350.00 per hour. Notes:New services and additional quantities for existing services may be added at any time under the Terms and Conditions of this Agreement and will be subject to all the fees stated above.New services and additional quantities shall be bound to the Agreement in accordance with Section 4 of the Terms and Conditions. Optional Add on Services(including setup or transition fees)as well as Communications Services will be handled in accordance with Section 4 of the Terms and Conditions. Company is responsible for any and all satellite or cellular overages as well as text overages which will be billed in accordance with Section 4 of the Terms and Conditions. Alarming Service includes 12KB of Satellite Communications data and Company is responsible for any satellite data overages at a rate of$0.95 per KB.eLynx will allow up to 200 texts per asset per month,at no charge,pooled across all your assets.In the event you exceed the text messages allowed,eLynx will begin charging$.01 per text message per month for any overages. Please refer to Attachment A for pricing related to hardware, training fees, preventative maintenance, emergency service calls, miscellaneous allowance, freight allowance, materials/parts—service not included in the pricing outlined above. In accordance with Section 10 of the Terms and Conditions, the Initial Term of this Agreement shall be thirty-six(36) months and the Renewal Term(s) shall be for twelve (12) months with the Monthly Base Services fees being subject to further negotiation between both Parties. Notice Period required to Terminate this Agreement shall be at least ninety(90) days prior to the expiration of the then-current Term of this Agreement. Territory covered by this agreement is Texas and the primary field office using eLynx Services is located at: Address: Corpus Christi Gas Department, 4225 S. Port Ave, City/State/Zip Code: Corpus Christi, TX 78415 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives as of the Effective Date. BY ITS SIGNATURE BELOW, COMPANY CERTIFIES THAT COMPANY HAS READ AND AGREES TO AND INTENDS TO BE BOUND BY THE PROVISIONS SET FORTH IN THIS AGREEMENT AND THE PROVISIONS IN TERMS AND CONDITIONS ATTACHED HERETO. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof. All earlier and contemporaneous negotiations and agreements between the Parties on the matters contained in this Agreement are expressly Page 1 of 10 DocuSign Envelope ID: 192DC550-0854-4933-A191-062E4FA5FFDB merged into and superseded by this Agreement. For the avoidance of doubt, the provision of services by eLynx to Company to assist Company in monitoring the operations and functions of its facilities outside the Territory is not within the scope of the subject matter hereof, and agreements between eLynx and Company relating to facilities outside the Territory are not merged into or superseded by this Agreement. Company: City of Corpus Christi eLynx Technologies, LLC FDocuSigned by: Saw AttpwvBy: By: Name: Name: Samantha McPheter Title: Title: President and CEO Address: Address: 6120 S.Yale, Suite 1210 Tulsa, OK 74136 Telephone: Telephone: 918-496-8500 e-mail: e-mail: sam@elvnxtech.com 8/19/2022 Approved as to form: Assistant City Attorney Date Page 2 of 10 DocuSign Envelope ID: 192DC550-0854-4933-A191-062E4FA5FFDB TERMS AND CONDITIONS 1. DEFINITIONS. In addition to any other terms defined in the Agreement,the following terms will have the following meanings: 1.1. "Access Services" means Company's non-exclusive access to the Application through the internet to assist Company in monitoring and/or analyzing the operations and functions of its facilities within the Territory from Company's remote site located within the U.S. via a host service connection (i.e., internet, dial-up or other network connection). Access Services include Monthly Subscription Services and Optional Add-On Services. 1.2. "Affiliate" means, (with respect to either Party) any individual, partnership,joint venture, firm, corporation, association, trust,or other entity directly or indirectly controlling,controlled by,or under common control with such Party. 1.3. "Application" means the software application owned or licensed by eLynx that is used to monitor and analyze the operations and functions of Company's facilities. 1.4. "Asset"means the billable point that is tied to the Monthly Subscription Services. Most commonly this correlates to a well, a pad,a tank battery,a compressor station,a pipeline sales meter,an injection meter,a buyback meter,or a master meter. 1.5. "eLynx Administrator" is any user with the"Admin" role assigned to them in the security permissions portion of the eLynx application. This user is provided full access to view and change anything in the system. 1.6. "Equipment" means the communications hardware,including modems and gateways,installed at Company's sites that are reasonably required for eLynx to access the data necessary for the provision of the Access Services and Application. 1.7. "Monthly Subscription Services" means the polling/hosting monitoring services, web hosting monitoring services and alarming monitoring services purchased by Company,as identified on the Service Agreement,which are provided to assist Company in monitoring and/or analyzing the operations and functions of its facilities within the Territory. 1.8. "One Time Services" means the Website setup Fee and Application Training and Other One Time Services purchased by Company as identified on the Service Agreement. 1.9. "Optional Add-On Services" means the communication options and the optional services purchased by Company as identified on the Service Agreement,which are provided to assist Company in monitoring and/or analyzing the operations and functions of its facilities within the Territory. 1.10. "Territory"means the geographic region specified on the Service Agreement. 1.11. "Term" means the Initial Term or current Renewal Term of this Agreement. 2. SERVICES. 2.1. Access Services Once Company has installed Equipment at Company's sites and is otherwise ready to receive Access Services, subject to the Terms and Conditions of this Agreement, eLynx will provide the Access Services to Company. In addition to a browser interface for Access Services,eLynx also provides a mobile application that allows Company to receive the Access Services via supported assets. Access to the mobile application is subject to the user agreeing to eLynx's online, click-through terms governing the use of the mobile application. 2.2. Additional Services. eLynx shall render and perform such other services as the Parties may mutually agree to in writing at eLynx's then-current time and material rates,and Company shall pay the applicable fees. 2.3. Equipment. This Agreement governs the provision of services by eLynx to Company. 3. COMPANY OBLIGATIONS. 3.1. Internal Use. Company understands that eLynx is providing the Access Services and One Time Services to Company for Company's benefit. Neither Company nor any of Company's officers,employees,directors or agents may make the Access Services,Application or One Time Services available to any third party or use the Access Services,Application or One Time Services to support the operations of companies other than Company,unless eLynx,in its sole and absolute discretion,gives its prior written consent to such usage. Page 3 of 10 DocuSign Envelope ID: 192DC550-0854-4933-A191-062E4FA5FFDB 3.2. Company Cooperation. Company shall provide eLynx any information, access to facilities and equipment, and other cooperation as may be contemplated by this Agreement,and such additional information,access,and cooperation as may be reasonably requested by eLynx,all without charge to eLynx. 3.3. Assets not updating. During the term of this Agreement if one or more of Company's Asset(s)are no longer updating with current data, eLynx will notify Company's eLynx Administrators via email up to three times. Company understands it is Company's responsibility to provide direction to eLynx to 1)troubleshoot the issue; or 2)transfer service to new asset; or 3) terminate Monthly Subscription Service on the Asset(s) per the terms of the agreement. Company agrees to maintain updated contact information on all eLynx Administrators. 3.4. Passwords and Security. Company agrees to treat as eLynx's Confidential Information,and not provide or otherwise make available,the whole or any portion of eLynx's network procedures,passwords,or access methods to any person other than its employees with a need to know, without eLynx's prior written consent. Company agrees that its access to eLynx's network will be limited in scope to that reasonably required to use the Access Services or the Application under the Agreement, and Company agrees not to exceed the scope of Company's authorized access and not to disassemble, decompile,or otherwise reverse engineer the Access Services or the Application and not to otherwise attempt to learn the source code, structure, know-how, algorithms or ideas underlying the Access Services or the Application. If Company exceeds the scope of its authorization, it will promptly notify eLynx. Company agrees that it will take appropriate action by instruction,agreement,or otherwise with its employees who use the Access Services or the Application and to notify them of Company's and such employees' individual obligations under the Agreement. Company agrees to abide by eLynx's security procedures. Company acknowledges that failure to secure its Equipment can introduce security risks to Company and to eLynx. Company shall, at its cost, preserve and maintain the performance, security and integrity of all Equipment and upgrade Equipment as needed to meet evolving networking and communications standards. Company may only use Equipment that continue to receive security updates from the manufacturer and are approved by eLynx. Company shall promptly install all security updates from the Equipment manufacturer,and Company shall cease using any Equipment that has reached its end of life as specified by the Equipment manufacturer. eLynx may(but has no obligation to)notify Company of Equipment security vulnerabilities known to eLynx. In that case,Company shall,at its own expense,correct such security vulnerabilities(including by upgrading or replacing the Equipment if necessary). 3.5. Information Technology System Integrity. Company shall implement and maintain industry standard methods designed to ensure the integrity of its information technology system, including desktops and electronic mail (collectively"IT System") and defend against malware/trojan/virus infection. Company shall maintain a program of anti-malware/anti-virus updates to keep Company's IT System free of infection.Company shall at regular intervals execute IT System scans and/or take other commercially reasonable efforts to ensure the integrity of Company's IT System and minimize the likelihood of vulnerability and infection. Company shall also use commercially reasonably efforts to ensure that it (and its Subcontractors) does not directly or indirectly introduce any computer viruses, worms, software bombs or other similar items in any email, deliverables or services transmitted to eLynx. Company shall defend, indemnify and hold harmless eLynx and its Affiliates and employees from and against any and all claims or liabilities of any type or nature arising from or out of Company's failure to comply with this provision. Company shall also indemnify and hold harmless eLynx from and against any and all costs and expenses,including reasonable attorney's fees,incurred by eLynx in mediating,arbitrating,litigating or otherwise resisting said claims or liabilities. In the event that eLynx is expressly adjudged to be partially at fault for any claim or liability arising hereunder, Company shall nevertheless indemnify eLynx from and against the percentage of fault attributable to the Company which arise out of its failure to comply with this provision. 3.6. Restrictions. Company may not (i) copy, modify,translate, or create derivative works based on the Access Services or the Application, (ii) use the Access Services or the Application for timesharing or service bureau purposes or otherwise for the benefit of a third party, or(iii) remove any proprietary notices or labels from the Access Services or the Application. 3.7. Compliance with Applicable Laws. Company represents,covenants,and warrants that Company will use the Access Services and Application only in compliance with all applicable laws and regulations. 4. FEES. 4.1. One Time Services. Immediately upon execution of the Agreement,eLynx will invoice Company for the One Time Services selected by Company on the Service Agreement, and Company shall pay eLynx the fees for the One Time Services in accordance with Section 4.4. From time to time during the Term, the Parties may mutually agree that Company will purchase from eLynx, and eLynx will sell to Company, additional One Time Services, in which case, eLynx may invoice Company in advance,and Company shall pay eLynx in accordance with Section 4.4. Page 4 of 10 DocuSign Envelope ID: 192DC550-0854-4933-A191-062E4FA5FFDB 4.2. Monthly Subscription Services. eLynx will invoice Company, monthly, in advance, for the Monthly Subscription Services, and Company shall pay eLynx the fees for the Monthly Subscription Services in accordance with Section 4.4. The initial monthly fees for the Monthly Subscription Services are set forth on the Service Agreement. From time to time during the Term,the Parties may mutually agree to increase the quantity of Monthly Subscription Services or add additional Monthly Subscription Services sold by eLynx to Company hereunder. If the Parties reach such agreement, it will be memorialized through the Monthly Invoice and during the remainder of the Term, eLynx shall perform such increased quantities or additional Monthly Subscription Services,and Company shall pay eLynx,each month in advance,the fees for such increased quantities or additional Monthly Subscription Services. The initial per-unit fees for the Monthly Subscription Services are set forth on the Service Agreement. Company may not reduce the quantity of Monthly Subscription Services that it purchases hereunder at any time except for the following circumstances: 1) Company plugs and abandons a well which utilizes Monthly Subscription Services. Such a plugged and abandoned well site location shall be removed from Company's subsequent invoices, commencing with the first full invoicing period following Company's submission of satisfactory evidence,including an abandoned disconnect ticket,or documentation from the governing regulatory agency,that the well site has been plugged and abandoned; or 2)Company changes lift types due to an operational decision and well life cycle; provided, however, Company continues to utilize eLynx's Monthly Subscription Services for the well which changed lift types. The change will be reflected in Company's subsequent invoices, commencing with the first full invoicing period following Company's notice of the change in lift type. Once Company begins purchasing a Monthly Subscription Service, Company is obligated to pay for such Monthly Subscription Service each month for the remainder of the Term,even if eLynx suspends performance of the Monthly Subscription Service at the request of Company. 4.3. Optional Add-On Services. Fees for Optional Add-On Services are charged based on actual usage by Company, and the quantity of Optional Add-On Services utilized by Company is tracked via the Application. Company shall pay eLynx, each month, the fees for the Optional Add-On Services at the rates set forth on the Service Agreement based on usage as measured by the Application. The initial,anticipated levels of usage of Optional Add-On Services are set forth on the Service Agreement. If Company purchases Communication Airtime from eLynx, Company acknowledges that, due to changes in technology,the airtime requirements and use may change during the Term of this Agreement,and as such agrees that the amounts of airtime contemplated on the Service Agreement may be subject to change during the Term of the Agreement and that Company is obligated to pay for any monthly data used over the amounts contemplated on the Service Agreement. 4.4. Invoices and Payments. Company shall pay all fees, charges and expenses listed in an invoice within 30 calendar days of the date of invoice. Company agrees to pay all invoices by ACH or wire transfer pursuant to instructions on the invoice. If Company believes that eLynx has invoiced Company incorrectly, Company must contact eLynx no later than 60 days after the date on the first invoice in which the error or problem appeared,in order to receive an adjustment or credit;otherwise, Company is deemed to have waived the claim. Inquiries should be directed to eLynx's customer support department. If eLynx has not received payment within five(5)days after the due date, in addition to any other legal remedies available to eLynx, interest shall accrue on past due amounts at the rate of 1.5% per month (or the highest rate permitted by law, whichever is less), commencing with the due date and continuing until fully paid, and in addition, eLynx may suspend all Access Services and the Application until such amounts are paid in full. In addition,eLynx may suspend all Access Services, the Application and One Time Services if Company or one of Company's Affiliates enters into another agreement with eLynx for eLynx's services,and eLynx has not received one or more payments due under such other agreement within five(5)days after the due date. Furthermore, in the event of any action by eLynx to collect any amount not paid when due, Company shall pay or reimburse eLynx the costs of collection (including, without limitation, any attorney fees and court costs if so awarded by judgement of a court). Except as otherwise expressly set forth herein, all payments are non-refundable, and all fees are non-cancellable. 4.5. Taxes. The fees and charges listed in this Agreement do not include Taxes. "Taxes" means all taxes, levies, or similar governmental assessments imposed by any jurisdiction, country or any subdivision or authority thereof, including, but not limited to, state or local sales and use tax however designated, VAT, GST, and other similar taxes, regardless of the party upon whom the incidence of the Taxes are imposed, except such Taxes based on eLynx's net income. Company shall be responsible for the payment of all Taxes in connection with the services and deliverables provided under the Agreement and payments to be made under the Agreement and shall promptly pay Taxes invoiced by eLynx. 5. PROPRIETARY RIGHTS. Company acknowledges that,as between the Parties,eLynx and/or its licensors own all right,title and interest, including all related intellectual property rights, in and to the Access Services and Application, including all components thereof and any associated documentation. The Parties agree that,except as stated herein,the Agreement does not grant Company any right or license to the intellectual proprietary rights. eLynx hereby grants Company a revocable, limited right and license to use the Access Services during the Term of the Agreement. Any rights not expressly granted to Company under the Agreement are reserved by eLynx.All reports, documentation,software,source codes,structure,algorithms or ideas underlying such produced by eLynx for Company pursuant to,and as described are hereinafter referred to as"Materials." Except with respect to Materials originating from parties other than eLynx,eLynx Page 5 of 10 DocuSign Envelope ID: 192DC550-0854-4933-A191-062E4FA5FFDB hereby grants Company a limited, non-transferable and non-exclusive license to use,execute and perform the Materials in the location or locations of Company and only for the purposes set forth in this Agreement. Company shall employ all copyright and other notices requested by eLynx. Company shall not copy the Materials other than one copy for back-up purposes. No other rights or licenses(including without limitation, no patent or trademark licenses)are granted by eLynx to Company pursuant to this Agreement and all other rights are expressly reserved by eLynx. 6. CONFIDENTIALITY. 6.1. Definition. "Confidential Information" means the information of a Party("Disclosing Party")that is disclosed to the other Party ("Receiving Party") under this Agreement that the Receiving Party knows or reasonably should know is confidential to the Disclosing Party. Confidential Information shall include any and all information that is not otherwise publicly available. Confidential Information may also include (a) financial, technical and non-technical information related to a Party's business and current,future and proposed products and services of each of the Parties, including for example and without limitation,each Party's respective information concerning research,development,design details and specifications, financial information, procurement requirements, engineering and manufacturing information, customer lists, business forecasts, sales information and marketing plans and (b) information a Party has received from a third party that may be disclosed and which that Party has an obligation to the third party to treat as confidential or proprietary. Confidential Information may be disclosed in written,visual,oral or other form. Confidential Information also includes all summaries or abstracts of Confidential Information. The terms of this Agreement, including the services provided and pricing terms, is the Confidential Information of eLynx. 6.2. Obligations. Each Party acknowledges that in the course of performing this Agreement, it may obtain the Confidential Information of the other Party. The Receiving Party shall, at all times both during the Term of this Agreement and thereafter, keep in confidence and trust all of the Disclosing Party's Confidential Information received by it. The Receiving Party shall not use the Confidential Information of the Disclosing Party except as reasonably required to perform this Agreement or as otherwise permitted herein. The Receiving Party shall take reasonable steps to prevent unauthorized disclosure or use of the Disclosing Party's Confidential Information and to prevent it from becoming publicly available or falling into the possession of unauthorized persons, but in no event will the Receiving Party use less care than it would in connection with its own Confidential Information of like kind. The Receiving Party shall not disclose Confidential Information of the Disclosing Party to any person or entity other than its officers, employees and consultants who need access to such Confidential Information in order to effect the intent of this Agreement and who have entered into confidentiality agreements or are bound by professional responsibility obligations which protect the Confidential Information of the Disclosing Party sufficient to enable the Receiving Party to comply with its obligations of confidentiality under this Agreement. Company agrees that eLynx's confidentiality obligations under this Agreement are subject to eLynx's rights under Section 6.5 (Data). 6.3. Exceptions. The confidentiality obligations set forth herein do not apply to information which is: (a) now or hereafter, through no unauthorized act or failure to act on the Receiving Party's part, in the public domain or publicly available; (b) known to the Receiving Party without an obligation of confidentiality at the time the Receiving Party receives the same from the Disclosing Party; (c) hereafter furnished to the Receiving Party by a third party without restriction on disclosure; (d) furnished to others by the Disclosing Party without restriction on disclosure; or (e) independently developed by the Receiving Party without use of or reference to the Disclosing Party's Confidential Information. Nothing in this Agreement shall prevent the Receiving Party from disclosing Confidential Information to the extent the Receiving Party is legally compelled to do so by any law, subpoena, court order or governmental investigative or judicial agency pursuant to proceedings over which that agency has jurisdiction,on condition that,prior to the disclosure,the Receiving Party(i)asserts the confidential nature of the Confidential Information; (ii) promptly notifies the Disclosing Party in writing of the requirement, order or request to disclose; and (iii) cooperates fully with the Disclosing Party in protecting against any the disclosure and/or obtaining a protective order narrowing the scope of the compelled disclosure and protecting its confidentiality. 6.4. Other Permitted Disclosures. Notwithstanding the foregoing confidentiality obligations,a Party may provide a copy of this Agreement to the following persons and/or entities who are under obligations of confidentiality substantially similar to those set forth in this Agreement: potential acquirers, merger partners, lenders and investors and to their employees, agents,attorneys, investment bankers, lenders,financial advisors and auditors in connection with the due diligence review of such Party. A Party may also provide a copy of this Agreement to the Party's outside accounting firm and legal advisors and in connection with any litigation or proceeding relating to this Agreement. 6.5. Data. Notwithstanding anything to the contrary herein, eLynx shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Application and the Access Services Page 6 of 10 DocuSign Envelope ID: 192DC550-0854-4933-A191-062E4FA5FFDB and related systems and technologies(including,without limitation, information concerning data provided by Company to eLynx to enable the provision of the Access Services and Application and data derived therefrom), and eLynx will be free (during and after the Term)to(i)use such information and data to improve and enhance the Access Services and Application and for other development,diagnostic and corrective purposes in connection with the Access Services and Application and other eLynx offerings, and (ii) disclose such data in aggregate or other de-identified form in connection with its business. Further, during the Term of the Agreement, Company will have access to its data, collected by eLynx pursuant to this provision,within the Application. In the event Company requests access to its data be provided in a format outside of the Application,Company agrees to pay eLynx its standard technical support hourly rates for the time necessary to respond to Company's request. 6.5.1 TX PIA CLAUSE: THE PARTIES ACKNOWLEDGE THAT THE CITY (DEFINED AS "COMPANY") IS A TEXAS GOVERNMENTAL ENTITY SUBJECT TO THE TEXAS PUBLIC INFORMATION ACT (THE "ACT"). SHOULD COMPANY RECEIVE A REQUEST FOR DISCLOSURE OF CONFIDENTIAL INFORMATION PURSUANT TO THE ACT, COMPANY WILL PROMPTLY PROVIDE ELYNX NOTICE OF SUCH REQUEST IN ACCORDANCE WITH SECTION 552.305 OF THE TEXAS GOVERNMENT CODE SO THAT ELYNX MAY AVAIL ITSELF OF ANY OPPORTUNITIES TO ESTABLISH REASONS WHY THE INFORMATION SHOULD BE WITHHELD PRIOR TO DISCLOSING SUCH CONFIDENTIAL INFORMATION.THE BURDEN OF ESTABLISHING THE APPLICABILITY OF EXCEPTIONS TO DISCLOSURE OF CONFIDENTIAL INFORMATION UNDER THE ACT RESIDES WITH ELYNX. SHOULD ELYNX BE UNABLE TO ESTABLISH A VALID EXCEPTION FROM DISCLOSURE OR EXCLUSION FROM THE ACT OR PROTECTIVE ORDER, THEN COMPANY MAY RELEASE THE INFORMATION, SOLELY TO THE EXTENT NECESSARY TO COMPLY WITH THE ACT. 7. WARRANTY DISCLAIMERS. 7.1. Internet. The Internet is a computer network of inter-operable packet switched data networks. Company acknowledges that eLynx does not own, operate or manage the Internet, and the Internet is in no way affiliated with eLynx or any of eLynx's Affiliates. Company acknowledges that Company is responsible for providing its own access to the Internet. Therefore, Company agrees that eLynx cannot and does not guarantee that Company's access through the Internet to the Access Service will provide access speeds that are sufficient to meet Company's needs. Company agrees that its use of the Internet and the Internet services is solely at its own risk and is subject to all applicable local,state,federal and international laws and regulations. 7.2. DISCLAIMER. ALL SERVICES PROVIDED BY ELYNX, INCLUDING THE ACCESS SERVICES AND APPLICATION AND ONE TIME SERVICES, ARE PROVIDED ON AN AS-IS BASIS. COMPANY'S USE OF ELYNX'S SERVICES, INCLUDING THE ACCESS SERVICES AND APPLICATION AND ONE TIME SERVICES, IS AT ITS OWN RISK. ELYNX DOES NOT MAKE,AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS, STATUTORY AND IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, QUALITY, SUITABILITY, OPERABILITY, CONDITION, SYSTEM INTEGRATION, NON-INTERFERENCE, WORKMANSHIP, TRUTH,ACCURACY (OF DATA OR ANY OTHER INFORMATION OR CONTENT), ABSENCE OF DEFECTS, WHETHER LATENT OR PATENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. ANY SOFTWARE PROVIDED THROUGH THE SERVICES IS LICENSED AND NOT SOLD. 8. INDEMNIFICATION. 8.1. 8.2. eLynx Obligations. eLynx shall defend Company against any Claim made or brought against Company by a third party alleging that Company's use of the Application infringes or misappropriates the intellectual property rights of a third party, and shall indemnify Company for any damages finally awarded against, and for reasonable attorney's fees incurred by, Company in connection with the Claim,on condition that Company(a)promptly gives eLynx written notice of the Claim; (b) gives eLynx reasonable control and direction of the defense and settlement of the Claim(provided that eLynx may not settle any Claim unless the settlement unconditionally release Company of all liability); and (c) provides reasonable assistance in connection with the defense(at eLynx's reasonable expense). If a Claim is brought or threatened,or eLynx believes is likely to occur,eLynx may,at its option, (i) procure for Company the right to use the Application,(ii) replace the Application with other suitable products, or (iii) refund any prepaid fees that have not been earned and terminate this Agreement upon notice. eLynx will have no liability under this Agreement or otherwise to the extent a Claim is based upon (a) use of the Application in combination with software,hardware or technology not provided by eLynx,if infringement would have been avoided in the absence of the combination, (b) modifications to the Application not made by eLynx, if infringement would have been avoided by the absence of the modifications, (c) use of any version other than a current release of the Page 7 of 10 DocuSign Envelope ID: 192DC550-0854-4933-A191-062E4FA5FFDB Application,if infringement would have been avoided by use of a current release,or(d)any action or omission of Company for which Company is obligated to indemnify eLynx under this Agreement. 8.3. Exclusive Remedy. This Section 8 states the indemnifying Party's sole liability to, and the indemnified Party's exclusive remedy against,the other Party for any type of claim described in this Section. 9. LIMITATIONS OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, ELYNX AND ITS SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES,AFFILIATES, REPRESENTATIVES,AND CONTRACTORS SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS,ACCESS SERVICES AND THE APPLICATION OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND ELYNX'S REASONABLE CONTROL; OR(D) FOR ANY AMOUNTS THAT,TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY COMPANY TO ELYNX UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT ELYNX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 10. TERM. 10.1. Initial Term and Renewal Terms. This Agreement shall commence on the Effective Date and, unless terminated sooner in accordance with the terms of this Agreement,shall continue for the initial term set forth on the Service Agreement("Initial Term"). After the Initial Term, this Agreement will automatically renew for additional periods equal to the renewal term set forth on the Service Agreement("Renewal Terms"), unless either Party gives the other Party written notice of its intent not to renew at least the number of days described in the Notice Period,as set forth on the Service Agreement,prior to the end of the Initial Term or then current Renewal Term. Termination will be effective at the end of the applicable Term in which such timely notice is received. For any and all individual asset terminations Company must provide written notice of its intent not to renew such assets within at least the number of days described in the Notice Period prior to the end of the Initial Term or then current Renewal Term. Termination of such assets will be effective at the end of the applicable Term in which such timely notice is received. 10.2. Termination for Cause. A Party may terminate this Agreement upon written notice to the other Party in the event the other Party(a)files a petition for bankruptcy or has a petition for bankruptcy filed against it that is not dismissed within sixty(60) days after filing or admits its inability to pay its debts as they mature, makes an assignment for the benefit of its creditors or ceases to function as a going concern or to conduct its operations in the normal course of business; or (b) commits a material breach of this Agreement and does not remedy such breach within thirty(30)days(except that the cure period for non-payment is ten (10) days) after receipt of written notice from the other Party. In addition, eLynx may terminate this Agreement upon written notice to Company in the event that(a)one of Company's Affiliates that has entered into another agreement with eLynx for eLynx's services files a petition for bankruptcy or has a petition for bankruptcy filed against it that is not dismissed within sixty(60)days after filing or admits its inability to pay its debts as they mature,makes an assignment for the benefit of its creditors or ceases to function as a going concern or to conduct its operations in the normal course of business or (b) Company or one of Company's Affiliates entered or enters into another agreement with eLynx for eLynx's services, and Company or the Company Affiliate, as applicable, commits a material breach of such other agreement and does not remedy such breach within thirty (30) days (except that the cure period for non-payment is ten (10) days) after receipt of written notice from eLynx. 10.3. Effect of Termination. Upon the termination or expiration of this Agreement,all Company rights to use the Application and Access Services shall terminate, and Company shall promptly discontinue all uses of such. Upon any termination of this Agreement,Company shall immediately pay all unpaid fees covering the remainder of the then-current Term for One Time Services and for Monthly Subscription Services. The unpaid fees covering the remainder of the then-current Term for Monthly Subscription Services is calculated by multiplying the aggregate monthly fee for Monthly Subscription Services at the time of termination by the number of months remaining in the then-current Term. In no event shall any termination relieve Company of the obligation to pay any fees payable to eLynx for services performed and completed up to the date of termination. The termination or expiration of this Agreement for any reason shall not affect a Party's rights or obligations that expressly or by their nature continue and survive(including,without limitation,the payment terms and the provisions concerning ownership,confidentiality, limitation on liability,indemnity and the warranty disclaimers). 10.4. Non-Appropriation: The continuation of this Service Agreement after the close of any fiscal year of the City (defined as "Company"),which fiscal year ends on September 30th annually, is subject to budget approval and appropriations specifically covering this Service Agreement as an expenditure in said budget, and it is within the sole discretion of the Company's City Council to determine whether or not to fund this Service Agreement. The Company does not represent that a budget item Page 8 of 10 DocuSign Envelope ID: 192DC550-0854-4933-A191-062E4FA5FFDB providing for this Service Agreement will be adopted, as that determination is within the Company's City Council's sole discretion when adopting the budget. In the event funding is not budgeted for any future year of this Service Agreement, the Service Agreement terminates upon notice by and without recourse against the City,and payment for services completed up to and including the date of termination remain due and owing by the Company. 11. GENERAL. 11.1. Force Majeure. Except for payment obligations, neither Party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war,governmental action, labor conditions, earthquakes, material shortages, or any other cause beyond the reasonable control of such Party. 11.2. Governing Law. This Agreement,and all the rights and duties of the Parties arising out of,in connection with,or relating in any way to the subject matter of the Agreement or the transactions contemplated by it, shall be governed by, construed, and enforced in accordance with the laws of the State of Texas(excluding its conflict of laws rules which would refer to and apply the substantive laws of another jurisdiction). Any suit or proceeding hereunder shall be brought exclusively in Nueces County,Texas,and each of the Parties consents to the personal jurisdiction of the courts,state and federal,located therein. Each Party agrees to waive any objection that the state or federal courts of ueces County,Texas,are an inconvenient forum. 11.3. Solicitation of Employees. The Parties agree that during the Term of this Agreement, and for a period of one year immediately following the termination or expiration of this Agreement, a Party shall not,without prior written consent of the other Party,directly or indirectly,solicit for employment or hire any person currently employed by the other Party and who is involved in the performance of this Agreement; provided, however, that the foregoing provision will not prevent either Party from employing any such person who(a)contacts the such Party on his or her own initiative without any direct or indirect solicitation by, or encouragement from the Party, or(b) is no longer employed by the other Party. For greater clarity, a mass media solicitation, employment search firm, public advertisement general solicitation of employment not specifically directed towards employees of the other Party, and any resultant hiring, shall not constitute a solicitation, encouragement or hiring for purposes of this Section. 11.4. Assignment.This Agreement shall extend to and be binding upon the Parties hereto,and their successors and assigns. Each Party acknowledges that it has entered into the Agreement in part because of the unique technical abilities, capabilities, and credit worthiness of the other Party. Therefore, neither Party may assign the Agreement, or any rights obtained hereunder, or delegate or subcontract any duty of performance owed by it hereunder,without the prior written approval of the other, which approval shall not be unreasonably withheld. In the event of any assignments and/or conveyances to any third party, it shall be the duty of the assigning Party to inform such third party of this Agreement and the obligations hereunder, and to ensure that said third party is informed and understands that all such assignments and/or conveyances shall be, and shall remain to be, subject to this Agreement. Further, assignments and/or conveyances shall not relieve the assignor of its duties hereunder. No assignment,transfer,or succession to the interest of any Party hereto,either in whole or in part, shall affect or bind the other Party until the first(Vt) Day of the Month following the Month in which the other party shall have received written notification thereof.Any assignment made by either party in contravention of this Section shall be null and void for all purposes. 11.5. If desired and agreed by both Parties, a joint press release may be issued. Under the joint release, both Parties will agree on the final version of the draft prior to its release. 11.6. Modification and Counterparts. This Agreement may not be modified or amended except in a writing signed by a duly authorized representative of each Party;no other act,document,usage or custom shall be deemed to amend or modify the Agreement. This Agreement may be executed in two or more counterparts, each of which shall be considered an original, but all of which together shall constitute one and the same instrument. 11.7. Severability. In the event any portion of the Agreement,or the application thereof to any person or circumstance,shall be determined to be invalid or unenforceable, that portion or application of the Agreement will be null and void, and the remainder of the Agreement will continue to be valid and enforceable to the extent permitted by applicable law. 11.8. Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof. All earlier and contemporaneous negotiations and agreements between the Parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement. For the avoidance of doubt,the provision of services by eLynx to Company to assist Company in monitoring and/or analyzing the operations and functions of its facilities Page 9 of 10 DocuSign Envelope ID: 192DC550-0854-4933-A191-062E4FA5FFDB outside the Territory is not within the scope of the subject matter hereof, and agreements between eLynx and Company relating to facilities outside the Territory are not merged into or superseded by this Agreement. 11.9. Export Controls. Company may not remove or export from the United States or allow the export or re-export of the Access Services and the Application, Application or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce,the United States Department of Treasury Office of Foreign Assets Control,or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Application and documentation are "commercial items"and according to DFAR section 252.227-7014(a)(1) and (5) are deemed to be "commercial computer software" and "commercial computer software documentation." Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement. 11.10. No Agency. No agency, partnership,joint venture, or employment is created as a result of this Agreement, and Company does not have any authority of any kind to bind eLynx in any respect whatsoever. 11.11. Prevailing Party. In any action or proceeding to enforce rights under this Agreement,the prevailing Party will be entitled to recover costs and attorneys'fees, if so awarded by judgment of a court. 11.12. Waiver. No term or provision hereof shall be deemed waived and no breach excused, unless such waiver or consent be in writing and signed by the Party claimed to have waived or consented. No consent by any Party to, or waiver of, a breach by the other Party shall constitute a consent to,waiver of,or excuse of any other different or subsequent breach. 11.13. Insurance Requirements. eLynx agrees to provide and maintain at its own expense during the entire Term of the Agreement policies of insurance as follows: 11.13.1 Worker's Compensation in accordance with the statutory requirements of the state in which the insured Party's employees reside and the state in which the insured Party is domiciled; 11.13.2 Comprehensive General Liability Insurance with limits of one million dollars ($1,000,000) per occurrence combined with single limit for both Bodily Injury and Property Damage; 11.13.3 Comprehensive Automobile Liability Insurance covering all owned, non-owned and hired vehicles with a minimum combined limit of one million dollars ($1,000,000) per occurrence for bodily injury and property damage;and 11.13.4 Physical Damage Insurance on the insured's own property to the extent of its replacement cost. 11.14. Notices. All notices, including notices of address change, required to be sent hereunder shall be in writing and shall be deemed to have been given upon the date sent by confirmed email or three (3) days following the date such notice was mailed by first class mail. As of the Effective Date of the Agreement the notice address for each Party is specified on the Service Agreement. To expedite order processing,Company agrees that eLynx may treat documents emailed by Company to eLynx as original documents; nevertheless,either Party may require the other to exchange original signed documents. Page 10 of 10 DocuSign Envelope ID: 192DC550-0854-4933-A191-062E4FA5FFDB Attachment A CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT BID FORM Addendum Yruss'.:-' RF6 No. 41 T2 Web-based Scada Systom Su tc'or Gus Qperations PArF 1 OF 3i:�e.e•: eLynxTech nalcgias,I l.0 1. Refer to"Insiruclions to fild4ars^and Contracl Terms and Condlilons Before compleirng bid, 2. 4uole your best price for each item. 3. In wbrnitling this bid.Flldd@r cL1rtlfaes Ihui' Q. -~{° prces it fnis Iv'd have been arrived at independr WY. c;OrnMunicxniiov. :ii oc;coca-wn' will, any ciherr BickAor or compotitcr, fur clic purpose of res"riciing c cmpefi-i-m writn regard to prces, b. RkIdor Is an Eca;a i opr:.nrir.•7-ly=mployor,and th,c Disclosure of Interest information on file with �.H � Coniroc-s and Procurernenl affic:P. I711r.WOrI• len the [_od(e of Oroinanccs, and true. c. Bidder is Cur ` , %,,J°i vll faxes due and comporly i5 in .good standing w"'I JI d. fiiader acknowle(ages ler_e,f)l,,i;, "view of all addenda for this RFB, Itert'r Description Qty. ,Unit Unit Price 'I Total Price t. Web-1305ed5c.;.€.i..;S.,t a l; 1 Each 55(')400.00 $50,40Q,00 5uile - Ono-tirne sr."LJO.W;hsitr tar 1 Each $1,BW.00 $1.60G.00 3- Tcaiul Cost:Consists associated 1 Lump $'73,537.32 $173.537.31 fa•al 28 riles for 1,1e SyslerT; Sum Site Monitor Unit&7 sales pein- Oiec_k•n-iers.(Fxiris oriel labor 4. TrailingFees i Foch $4,5W.00 $4,5010-0u 6. Provenialhre 1,dnIenance 3 Yoaa1,OOQ.OQ $3,Q917.a]U En�argc,lcy sorvice calls 6. including fweekends,fliolicuays) 64 How: $200.010 $12,QW.Ca Page 2 of 2 7. Misc alloneous ollnwonce: $3,500.04 a. Freia hi-A1onvanca rtlrrrafed Spend Mark-Up`7a Esflmafed Spend+ mcaku 9. PhaferlalslParts•Service $6,000.00 G o $G,000 00 Tofaf # - . .— .-777 $255737-32$255,737-32 DocuSign Envelope ID: 192DC550-0854-4933-A191-062E4FA5FFDB Attachment B -Scope of Work 1.1 General Requirements/Background Information "eLynx" ('' Contractor") shall provide a Web-Based Scada System Suite and a three-year service agreement for the Gas Department as outlined in this Scope of Work. 1.2 Scope of Work The City of Corpus Christi Gas Department is needing to replace the current Scada system. The Contractor shall install and provide preventative maintenance service for three years to Gas Operations. 1.) Scada system Suite - user friendly, website based, multi-platform access, capable of polling, storing site data and data trending. Alarm parameter and call out capable, expandable, capable of accepting notes and records expectations are to monitor, alarm within parameters and be user friendly in use, capable of scheduling employees for on call alarms. We also desire the Scada system to have site specific building tools to construct site, site graphics to allow equipment tagging for users to tag equipment with notes and upload manufacturers maintenance materials. 2.) System Site Monitor Unit - will consist of 28 radio sites, each site will need to have a communication device, i.e., radio, AC power unit, back up battery source capable of powering the components for 21 days of gas distribution network if needed. Backup power source must consist of a combination of battery backup along with solar panel charging. Each individual site will have a few transducers monitoring different pipelines. Each system Site Monitor Unit will consist of; Qty Description 1 4D1, 4DO, 4A1 and 2AO 1 Power Supply 1 Lithium back up battery 1 Enclosure 14X12X6 W/back plate 1 Fuse Block, din rail and wire 1 FGR3-C Kit W/Polyphaser 1 10 dbd/12 dbi Yagi Antenna 1 120 Volt power receptcal 1 24 battery charger 1 1 battery aluminum box enclosure -2 .deep cycle battery Revised 1 1.30.20 DocuSign Envelope ID: 192DC550-0854-4933-A191-062E4FA5FFDB 3.) Purchase Point Check Meter - This bid will also consist of the purchase, installation and service of 7, Total Flow units-or equivalent, orifice check meters. These meters will monitor sales point as a check meter and will communicate through the Scada system previously mentioned. Bid should consist of all parts fittings, SS tubing, mounting pole, wiring, manifolds, shut off valves, tap fittings, metering unit, communication, labor etc. Service considerations and field visit cost should be broken down and listed for all service for the duration for the contract. Each one of the Purchase Point Check Meter will consist of; Qty Description 1 6413 G4 XFC meter w/brkt and RTD 1 Total Flow battery cable 1 ABB CS 3/8" 5 vlv manifold 1 EFM connection kit 1 Fittiings and vlvs to connect meter 1 battery back up module 1 2" X 5'aluminum conduit 1 50 watt w/2 86 amp 1 10dbd/12dbi Yagi Antenna 1 FGR3-CU kit w/Polyphaser The system needs to be capable of expansion as the networks expands. 1.3 Special Instructions The Contractor shall provide the following services including but not limited to the reporting and corrections of product defects, installation, and configuration assistance. The Hours of technical phone support required is listed below: • Monday-Friday 24/7 technical phone support • 24/7 service and hardware support, Standard business hours: 7 am-6 pm that correspond with the City of Corpus Christi Central Standard Time, hours, Monday- Sunday Point of Contact: Dustin Wilson @ 361-885-6927 dustinw@cctexas.com City Cell- 361-400-8284 Revised 1 1.30.20 DocuSign Envelope ID: 192DC550-0854-4933-A191-062E4FA5FFDB 1.4 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. Revised 1 1.30.20 DocuSign Envelope ID: 192DC550-0854-4933-A191-062E4FA5FFDB 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 Risk Manager and Assistant Director, Office of Strategic Management, two (2) copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. 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 BUSINESS AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit 1 . Owned Or State of Texas Minimum Limits for 2. Hired & Non-owned personal or rental autos. 3. Rented & Leased PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period Revised 1 1.30.20 DocuSign Envelope ID: 192DC550-0854-4933-A191-062E4FA5FFDB provisions and identify any limitations regarding who is insured. WORKERS' COMPENSATION Statutory (All States Endorsement if Company is not domiciled in Texas) Employer's Liability $500,000 / $500,000 / $500,000 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. 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: Revised 1 1.30.20 DocuSign Envelope ID: 192DC550-0854-4933-A191-062E4FA5FFDB ■ 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 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. Revised 1 1.30.20 DocuSign Envelope ID: 192DC550-0854-4933-A191-062E4FA5FFDB Attachment D -Hardware Warranty Disclaimer eLynx honors the manufacturer's warranty for hardware sold to Company. This is subject to the manufacturer's warranty periods and guidelines. Manufacturer's warranty typically covers defects in material and workmanship. Damage caused by misuse, abuse and or an act of nature are not covered under manufacturer's warranties. If it is determined the hardware failed under the manufacturer's warranty guidelines, the hardware will be replaced per the manufacturer's warranty guidelines. eLynx standard service rates will apply for any onsite work performed by eLynx. so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting September 13, 2022 DATE: September 13, 2022 TO: Peter Zanoni, City Manager FROM: Gabriel Ramirez, Interim Director, Corpus Christi Water Gabriel R(a)cctexas.com (361) 826-1202 Josh Chronley, Assistant Director of Finance-Procurement Joshc2(a)cctexas.com (361) 826-3169 Utility Worksite Restoration Services CAPTION: Motion authorizing a two-year service agreement with Corpus Groundworks, LLC, of Corpus Christi, for utility worksite restoration services at various locations for Corpus Christi Water in an amount not to exceed $95,705.80, with FY 2022 funding of$15,950.97 from the Water and Wastewater Funds. SUMMARY: This service agreement will provide worksite restoration services at various locations for Corpus Christi Water customers. BACKGROUND AND FINDINGS: Utility worksite restoration services are necessary to restore areas where water and wastewater infrastructure construction or repairs have occurred. After construction and repairs are completed, jobsite restoration such as concrete flatwork, sign and fence relocations, landscaping, etc. are essential to leave the location in its former state or as close to it as possible. This contract will augment current in-house restoration crews when workloads exceed available resources or restoration work is outside City staff's skill set. PROCUREMENT DETAIL: The Finance-Procurement conducted a competitive Request for Bids process to obtain bids for a contract. The City received two responsive, responsible bids and staff is recommending the award to Corpus Groundworks LLC. In the past, Corpus Christi Water performed this work obtaining quotes on an as-needed basis. 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 they need for service arises. Having to solicit quotes as needed will result in a time delay due to the procurement process. This is the current manner of securing service agreements which delays necessary repairs to complete job orders in a timely manner. FISCAL IMPACT: The fiscal impact for Corpus Christi Water in FY 2022 is $15,950.97. FUNDING DETAIL: Fund: 4010 Water Organization/Activity: 31520 Treated Water Delivery System Mission Element: 041 Distribute Water Project # (CIP Only): N/A Account: 530215 Fund: 4200 Wastewater Organization/Activity: 33400 Wastewater Collection System Mission Element: 042 Wastewater Collection Project # (CIP Only): N/A Account: 530215 RECOMMENDATION: Staff recommends approval of this service agreement with Corpus Groundworks LLC as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement City of Corpus Christi Bid Tabulation Procurement Department RFB#4019 Sr.Buyer:Cynthia Perez Utility Worksite Restoration Services A to Z Concrete&Fence LLC- CC Groundworks,LLC- Corpus Corpus Christi,Texas Christi,Texas ITEM Description 2-Yr.Qty Unit Unit Price Price Total Unit Price Price Total 1 Saw Cut,Remove&Dispose of Concrete 200 LF 10.03 $ 2,006.00 $ 18.00 $ 3,600.00 Curb 2 Saw Cut,Remove&Dispose of Concrete 1,500 SF 5.28 $ 7,920.00 $ 8.40 $ 12,600.00 Sidewalks,Driveways,Medians 3 Saw Cut,Remove&Dispose of Asphalf 600 SF 4.88 $ 2,928.00 $ 10.50 $ 6,300.00 Concrete 4 Flexible Base 25 CY 108.24 $ 2,706.00 $ 40.20 $ 1,005.00 5 HMAC Type D-2 inches thick 25 SY 29.08 $ 727.00 $ 15.00 $ 375.00 6 Prime Coaf 5 GA 394.32 $ 1,971.60 $ 135.00 $ 675.00 7 Concrete Curb&Gutter 200 LF 29.04 $ 5,808.00 $ 50.31 $ 10,062.00 8 Concrete Sidewalk 500 SF 13.38 $ 6,690.00 $ 12.00 $ 6,000.00 9 Concrete Driveway 500 SF 14.65 $ 7,325.00 $ 14.50 $ 7,250.00 10 Commercial Driveway 500 SF 15.64 $ 7,820.00 $ 22.40 $ 11,200.00 11 Exposed Aggregate 50 SF 7 $ 350.00 $ 8.34 $ 417.00 12 Concrete Around Valve Collar 10 EA 486 $ 4,860.00 $ 210.00 $ 2,100.00 13 Curb Ramp 50 SF 22.58 $ 1,129.00 $ 14.90 $ 745.00 14 Topsoil 200 CY 47.44 $ 9,488.00 $ 39.60 $ 7,920.00 15 Sf.Augustine Sod 200 SY 31.2 $ 6,240.00 $ 10.00 $ 2,000.00 16 Replacement Fence fo Match Existing 100 LF 57.55 $ 5,755.00 $ 50.89 $ 5,089.00 17 Repair Fence 100 LF 57.55 $ 5,755.00 $ 37.20 $ 3,720.00 18 Miscellaneous Debris Removal 20 CY 72.6 $ 1,452.00 $ 25.00 $ 500.00 19 Flowable Fill 5 CY 63.6 $ 318.00 $ 85.00 $ 425.00 20 Cemenf Sfabilized Sand 30 CY 63.68 $ 1,910.40 $ 39.26 $ 1,177.80 21 Washing/Cleaning 50 SF 2.8 $ 140.00 $ 1.50 $ 75.00 22 Landscaping 100 HR 102 $ 10,200.00 $ 67.20 $ 6,720.00 Markup . 23 Parts/Materials N 15% $5,000 20% $1,000 $6,000 $750 $5,750 99,499.00 $ 95,705.80 DocuSign Envelope ID:CDBA6D56-1A91-43B2-AOBE-CCE8DAFCACB5 �yV S C� G° a 0 H SERVICE AGREEMENT NO. 4019 U Utility Worksite Restoration Services yeanaonn!e� 1852 THIS Utility Worksite Restoration Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Corpus Groundworks LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Utility Worksite Restoration Services in response to Request for Bid/Proposal No. 4019 ("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 Utility Worksite Restoration Services ("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 two years 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 zero additional zero-year periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. 3. Compensation and Payment. This Agreement is for an amount not to exceed $95,705.80, subject to approved extensions and changes. Payment will be made Service Agreement Standard Form - Consent Decree Page 1 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:CDBA6D56-1A91-43B2-AOBE-CCE8DAFCACB5 for Services provided and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 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 Service Agreement Standard Form -Consent Decree Page 2 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:CDBA6D56-1A91-43B2-AOBE-CCE8DAFCACB5 Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. Service Agreement Standard Form -Consent Decree Page 3 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:CDBA6D56-1A91-43B2-AOBE-CCE8DAFCACB5 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: 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: Corpus Groundworks LLC Attn: Christopher Cruz Title: President Address: P.O. Box 270006, Corpus Christi, Texas 78427 Phone: (361) 701-0066 Service Agreement Standard Form -Consent Decree Page 4 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:CDBA6D56-1A91-43B2-AOBE-CCE8DAFCACB5 Fax: N/A 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 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. Service Agreement Standard Form -Consent Decree Page 5 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:CDBA6D56-1A91-43B2-AOBE-CCE8DAFCACB5 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. Service Agreement Standard Form -Consent Decree Page 6 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:CDBA6D56-1A91-43B2-AOBE-CCE8DAFCACB5 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:CDBA6D56-1A91-43B2-AOBE-CCE8DAFCACB5 CONTRACTOR DocuSigned by: Signature: F -�,�� G3 f6 CHRISTOPHER CRUZ Printed Name: Title: President 8/22/2022 Date: 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 1 : RFB/RFP No. 4019 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form -Consent Decree Page 8 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:CDBA6D56-1A91-43B2-AOBE-CCE8DAFCACB5 Attachment A - Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide all labor, materials, equipment, and supervision to restore work sites after repairs to the utility system have been made. Work will be assigned on a work order basis throughout the City's service area. This service will be provided for the Utilities Department. 1.2 Scope of Work A. General Requirements a. The Contractor's work performance for utility restoration will include, but not limited to, concrete flatwork, erosion control, topsoil, sod, sign and fence relocations, fence repair, and landscaping, to include laying mulch, pavers, planting trees. b. The Contractor shall work closely with Utilities Department staff to carefully plan prior to beginning any work, to fully develop the procedures and standards for the work that will be performed, considering employee safety, workmanship standards, and maintaining operations with minimal disruption. c. The Contractor shall be available to provide service during regular business hours Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., excluding City holidays. d. Night and weekend work will be allowed as required only if agreed and approved by the City. The Contractor shall provide at least 72 hours advance notice of any scheduled work outside of normal working hours. e. The Contractor is required to obtain utility clearances. Utilities shall be marked in the field prior to commencement of the work. It shall be the Contractor's responsibility to determine the exact location of existing utilities. It shall be the Contractor's responsibility to excavate over, under, and around such utility. And if necessary, provide a temporary bridging during construction to maintain continuous service while accomplishing the work orders. It will be the Contractor's responsibility to backfill around the utility facility and to complete construction in a manner such as to leave the utility facility securely bedded in its original position. Revised 1 1.30.20 DocuSign Envelope ID:CDBA6D56-1A91-43B2-AOBE-CCE8DAFCACB5 f. If the Contractor's work results in damages to other existing facilities, it will be the Contractor's full responsibility to repair or pay for the repair of the damages at no additional cost to the City. B. Work Orders Work orders will be issued to the Contractor for the location of each repair as outlined below. a. Individual work orders will be issued throughout the year with specific locations and a detailed scope of work. The working time for completion will be stated in the work order. The working time will be counted from the time the work order is approved/issued via phone or email. b. Within three calendar days of receiving a work order, the Contractor shall mobilize and begin work. The Contractor shall continuously work until all locations are completed. The location under construction shall be completed prior to relocation to a new location unless additional crew(s) are utilized at new location(s). c. The City may schedule a mandatory meeting for each work order issued. This meeting is required to review utility maps, review the permit, visit the site, discuss traffic control, plan the details of the work, and agree on the schedule of completion of work. Included in this meeting, shall be coordination of timely notification to appropriate governing agencies and affected property owners prior to beginning work. d. The volume of work orders provided to the Contractor will be at the City's sole discretion, and dependent on the completion of previous work orders. e. Only completed work orders shall be included in the monthly invoice. f. The Contractor is required to provide sufficient equipment and enough crews to accomplish the work assigned. g. Scheduling for each individual work order will be determined by the Contractor unless otherwise scheduled by the City. Scheduling of each work order will be discussed between the City and the Contractor for concurrence prior to commencement of work. h. The Contractor shall notify the City via email or phone by 9:00 AM each workday of the work locations for that day. L For all work orders, payments will be made on a "per each work order" basis as priced on Attachment B - Bid/Quote Form. j. Sufficient traffic control measure must be used to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. Revised 1 1.30.20 DocuSign Envelope ID:CDBA6D56-1A91-43B2-AOBE-CCE8DAFCACB5 k. The Contractor shall comply with the City's Uniform Barricading Standards and Practices as adopted by the City. Copies of this document are available through the City's Traffic Engineering Department. The Contractor shall secure the necessary permit from the City's Traffic Engineering Department. I. The Contractor is responsible for obtaining the necessary street cut or right of way permits. 1.3 Warran The Contractor shall provide a twelve-month warranty on labor and materials. a. During a period of twelve months from the date of final acceptance of each work order, the Contractor shall make all needed repairs arising out of defective workmanship or materials, or both. b. The City shall notify the Contractor via email or phone of any warranty issues. c. The Contractor shall make the needed repairs within five calendar days of receipt of notice. If the Contractor neglects to make or undertake with due diligence the repairs in question, the City is authorized to make such repairs at the Contractor's expense. d. In case of an emergency, where in the City's judgment, a delay would cause a serious loss or damage, repairs may be made without notice to the Contractor, and the Contractor shall pay the cost. 1.4 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to ensure it complies with the contract requirements. 1.5 Invoicing A. The Contractor shall mail the original invoice to the address below and email a copy to Utilitiesdept@cctexas.com. City of Corpus Christi AP/Utilities Department PO Box 9277 Corpus Christi, TX 78469-9277 B. Only completed work orders shall be included in the monthly invoice. Revised 1 1.30.20 DocuSign Envelope ID:CDBA6D56-1A91-43B2-AOBE-CCE8DAFCACB5 C. For all work orders, payments will be made on a "per work order basis, "as priced on Attachment B - Bid/Quote Form. D. The Contractor's invoice for payment must contain the following information: 1 . Service Agreement No. 2. Purchase Order/PO No. 3. Work Order No. 4. Work address 5. Description of repair 6. Itemized list of charges, i.e., labor (total hours billed), parts/materials, to include of copies of all invoices for parts/materials to support mark-up, if applicable. Revised 1 1.30.20 DocuSign Envelope ID:CDBA6D56-1A91-43B2-AOBE-CCE8DAFCACB5 �yvs o�o � �a u ATTACHMENT B-BID/PRICING SCHEDULE U y CITY OF CORPUS CHRISTI i"s52BID FORM 1. Refer to "Sample Service Agreement"ContractTerms and Conditions before completing bid. 2. Quote your best price,Including freight,for each item. 3. In submitting this bid, Bidder certifies that 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. Invitation to quote, FOB Destination, Freight Included, on the following: LINE DESCRIPTION 2 YEAR UNIT UNIT PRICE TOTAL QTY PRICE 1 Saw Cut, Remove & Dispose of Concrete 200 LF $ S $ Curb 2 Saw Cut, Remove & Dispose of Concrete 1,500 SF $ S $ �2 pb Sidewalks, Driveways, Medians 1(pr` 3 Saw Cut, Remove & Dispose of Asphalt 600 SF $ I p,� $Concre - 4 Flexible Base 25 CY $ 1{p 2° $ if pp cj, 5 HMAC Type D- 2 inches thick 25 SY $ 5. $ ?;-I 6 Prime Coat 5 GA $ 12)5 $ (p-15 7 Concrete Curb & Gutter 200 LF $ rj p 3- $ A p(v 2- 8 Concrete Sidewalk 500 SF $ 9 Concrete Driveway 500 SF $ ,rz $ -17 C 10 Commercial Driveway 500 SF $ Z,Z, $ l 1 zaa, 1 1 Exposed Aggregate 50 SF $ 0. 3.t $ 12 Concrete Around Valve Collar 10 EA $ 210 $ j co. -- 13 Curb Ramp 50 SF $ j J.11 $ -74-S. 14 Top Soil 200 CY $ 39,W $ -70 124:). - 15 St. Augustine Sod 200 SY $ t). $ Z pdp, 16 Replacement Fence to Match Existing 100 LF $ 50 8 $ p 17 Repair Fence 100 LF $ 3'i, $ 3~[ 20, -- Page 1 of 2 DocuSign Envelope ID:CDBA6D56-1A91-43B2-AOBE-CCE8DAFCACB5 18 Miscellaneous Debris Removal 20 CY $ $ z LINE DESCRIPTION QTY UNIT PR T PRICETOTAL 19 Flowable Fill 5 Cy $ $ 4 Z c, 20 Cement Stabilized Sand 30 Cy $ act 2(c $ 21 Washing/Cleaning 50 SF $ (,cz� $ 22 Landscaping 100 HR $ (p"r, $ (�'7 Zo. 23Mark up (%) Parfs/Materials $5,000 $ 2oT&l tem So, -- T-- TOTAL $ ` 5 C) 8' COMPANY: 6c tKpus 6jKoumPw aAWsr L.LG NAME OF PERSON AUTHORIZED TO SIGN: G4KISTo 'fftct GKW-. ADDRESS: (Q"'175t5 W000 IRAN I7R. CITY / STATE: COKFkA S74 1�`ft PHONE: 3(0 l' �� ' C�CX�G� EMAIL: CGdCGc!Lround wo,rL(S.-eoyig 0 FAX: DATE: �L3• O� 'Z42-2-- SIGNATURE: TITLE: THE CITY RESERVES THE RIGHT TO REJECT OR CANCEL ANY OR ALL BIDS. TO WAIVE ANY INFORMALITIES OR IRREGULARITIES IN THE BIDS RECEIVED AND TO CANCEL OR POSTPONE THIS PROJECT UNTIL A LATER DATE. DocuSign Envelope ID:CDBA6D56-1A91-43B2-AOBE-CCE8DAFCACB5 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 (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 for the General Liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Commercial General Liability $1 ,000,000 Per Occurrence including: 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1 . Owned 2. Hired & Non-owned 3. Rented & Leased WORKERS' COMPENSATION Statutory Employer's Liability $500,000 / $500,000 / $500,000 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. Additional Requirements - 1 . Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The Revised 1 1.30.20 DocuSign Envelope ID:CDBA6D56-1A91-43B2-AOBE-CCE8DAFCACB5 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 ■ 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. Revised 1 1.30.20 DocuSign Envelope ID:CDBA6D56-1A91-43B2-AOBE-CCE8DAFCACB5 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. Bond Requirements: No bond requirements, therefore, Agreement Section 5 Insurance; Bond subsection 5(B), is hereby void. 2021 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services - Services Performed Onsite 05/10/2021 Risk Management - Legal Dept. Revised 1 1.30.20 DocuSign Envelope ID:CDBA6D56-1A91-43B2-AOBE-CCE8DAFCACB5 Attachment D - Warranty Requirements The Contractor shall provide a twelve-month warranty on labor and materials. a. During a period of twelve months from the date of final acceptance of each work order, the Contractor shall make all needed repairs arising out of defective workmanship or materials, or both. b. The City shall notify the Contractor via email or phone of any warranty issues. c. The Contractor shall make the needed repairs within five calendar days of receipt of notice. If the Contractor neglects to make or undertake with due diligence the repairs in question, the City is authorized to make such repairs at the Contractor's expense. d. In case of an emergency, where in the City's judgment, a delay would cause a serious loss or damage, repairs may be made without notice to the Contractor, and the Contractor shall pay the cost. �pvs cr �o lh �� 0 v AGENDA MEMORANDUM NOflPORPY ED 1852 Action Item for the City Council Meeting of September 13, 2022 DATE: September 13, 2022 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 0effreye(a)-cctexas.com (361) 826-3851 Gabriel Ramirez, Interim Director of Water Utilities gabrielr(a)-cctexas.com (361) 826-1202 Heather Hurlbert, CPA, CGFO, Director of Finance & Procurement heatherh3(a)cctexas.com (361) 826-3227 Construction Contract Award Alameda & Gollihar Elevated Storage Tank Rehabilitations CAPTION: Motion awarding a construction contract to Viking Industrial Painting, Inc., Omaha, Nebraska, for Alameda&Gollihar Elevated Storage Tank Rehabilitations in an amount of$2,072,640.00 located in City Council District 3 (Gollihar Elevated Storage Tank) and District 2 (Alameda Elevated Storage Tank), with FY 2022 funding available from the Water Fund. SUMMARY: This motion awards a construction contract for the rehabilitation of the Alameda & Gollihar Elevated Storage Tanks (EST). The rehabilitation will include the complete exterior and interior coating of the ESTs, cleaning, and several structural and miscellaneous repairs that are required to maintain compliance with Texas Commission on Environmental Quality (TCEQ) requirements. BACKGROUND AND FINDINGS: The City of Corpus Christi owns and operates the Alameda and Gollihar ESTs. Alameda EST is located at 509 Carmel Parkway. Gollihar EST is located at 2309 Gollihar Road. The ESTs were originally constructed in 1950 and both have a one-million-gallon capacity. In 2021, the City conducted an inspection and determined the ESTs require interior and exterior restoration and rehabilitation to extend the serviceable life of the tanks in accordance with Industry Standards set forth by the TCEQ. The scope of work listed below will provide critical restoration and rehabilitation for the ESTs: • Abrasive blast, clean, prime and coat the exterior and interior of the EST including all appendages, ladders, vents, hatches, railings, tank piping, valves, etc. • Install vents and hatches as indicated on the drawings and specifications • Perform Structural Tower Bracing and Support Member Replacement/Repairs as indicated on the drawings and specifications • Perform General Welding and Corrosion Related Repairs and Incidental Repairs/Modifications as indicated on the drawings and specifications • Spot blast for inspection and identification of repairs as indicated on the drawings and specifications. • Provide Seam Sealing and Epoxy Surfacing • Provide containment, dehumidification, and dust collection during surface preparation and coating PROJECT TIMELINE: 2022 - 2023 January— May (2022) M J J F A S October — December (2023) Design Bid / Award Construction Project schedule reflects City Council award in September 2022 with anticipated construction completion in December 2023. COMPETITIVE SOLICITATION PROCESS: The Contracts and Procurement Department issued a Request for Bids (RFB) on June 27, 2022. On August 3, 2022, the city received bids from six bidders. The City analyzed the bids in accordance with the contract documents and determined Viking Industrial Painting, Inc., as the lowest responsive and responsible bidder. The lowest bidder Utility Service Co., Inc. of Perry, Georgia was deemed as non-responsive to the requirements outlined in the RFB. Utility Service Company, Inc has not met the minimum experience requirements listed in the RFB and indicated the painting and repairs scope will be subcontracted. Per the RFB, the Contractor shall not subcontract the coatings rehabilitation tasks but may hire a subcontractor to perform welding, minor tank modification/repairs, and or containment installation. As a result, Utility Service Company, Inc.is deemed non-responsive. A summary of the bids is provided below: CONTRACTOR BASE BID UtilitySer,�9., IRG. . Viking Industrial Painting, Inc. $2,072,640.00 Classic Protective Coatings, Inc. $2,188,230.00 OU Coatings, Inc. $2,204,800.00 Gulf States Protective Coating, Inc. $2,204,230.00 N.G. Painting $3,593,600.00 Engineer's Opinion of Probable Cost $2,270,180.00 Viking Industrial Painting has successfully completed Coral Vines Elevated Storage Tank for the City. Viking Industrial Painting has also successfully completed several projects in Texas demonstrating compliance with the experience requirements of the RFB. These requirements consisted of five tank rehabilitation and restoration projects completed within the past five years that were greater than one million gallons of capacity, and five similar projects within 100 miles of the Gulf Coast (City of Seabrook, City of Port Neches, City of Bunker Hill Village, City of Pharr, and the Clearlake City Water Authority). Viking Industrial Painting has completed eight rehabilitation projects with tanks over a one-million-gallon capacity. ALTERNATIVES: City Council could choose not to award the construction contract to Viking Industrial Painting, Inc. This would delay the project and will result in additional maintenance of the ESTs. FISCAL IMPACT: The fiscal impact in FY 2022 is an amount of $2,072,640.00 with funding available from Water Fund. FUNDING DETAIL: Fund: Water Fund (Fund 4010) Mission Elem: Treat Water (062) Project: Alameda & Gollihar Elevated Storage Tank Rehabilitations (Project No. 22030) Org: Stevens Filter Plant (Org No. 31010) Account: Construction (550910) Activity: 22030-4010-EXP Amount $2,072,640.00 RECOMMENDATION: Staff recommends awarding a construction contract to Viking Industrial Painting, Inc., for the rehabilitation of Alameda & Gollihar ESTs in an amount of $2,072,640.00. The construction duration is planned for fourteen months from issuance of the Notice to Proceed to begin construction in October 2022. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Map Bid Tabs PowerPoint TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI,TEXAS TAIUIATIIIY:I.dyMki.,..,Il A,d.,,.l p,- I: 111 IAT I W.d...d.y,A.g-1,1111 T1111111111-IN III AFB a2b5 I ki"g"dIllia 111 i"li"g If-1.,1, g" N.G.1.1. U.g Al...d...d 11-1.d 11 g.T..k I.h.bililli... I I I, Vi " I '�"IN I I,,*1'u�.1 1:dg. d 1111 c,111.1. Tx T-1- en, .1-11TI.N UNIT UNIT 1.11C -UNT UNIT MIC -UNT UNIT MIC -UNT UNIT MIC -UNT UNIT MIC -UNT UNIT MIC -UNT 05, 05, 05, 05, 05, 05, 05, 05, 05, 0 1,000 00 1,000 00 �2 -TI 2111-1 111 1 1 05, 05, 05, 05, 05, 05, 05, 05, 05, 0 11000 00 11000 00 05, 05, 05, 05, 05, 05, 05, 05, 05, 0 11000,000 00 11000,000 00 �4 T- 111TI. 11 1 05, 05, 05, 05, 05, 05, 05, 05, 05, 0 300,000 00 300,000 00 �5 111T 1ILL-1- Ll 1 05, 05, 05, 05, 05, 05, 05, 05, 05, 05, 0 350,000 00 47,100 00 5, 0 5, 0 5, 0 5, 0 5, 0 5, 0 5, 0 5, 0 5, 0 5, 0 5, 30,000 00 I 1111-T 11-11.1W 1� 1 05, 05, 05, 05, 05, 05, 05, 05, 05, 0 12,000 00 12,000 00 �I 11111111 111-1-T Ll 1 05, 05, 05, 05, 05, 05, 05, 05, 05, 0 6,000 00 6,000 00 °9 Ll 1 s 65,000.0 s 65,000 00 s 65,000 00 s 65,000 00 s 65,000 00 s 65,000.0 s 65,000 00 s 65,000 00 s 65,000.0 s 65,000 00 s 65,000.0 s 65,000 00 Ll 151,-0 66,500 0 66,500 0 24,000 0 24,000 0 30,000 0 30,000 0 16,000 0 16,000 0 10,000 0 10,000 00 -111-11--1 11- Ll 1 �00 0 0 0 0 0 0 0 0 0 0 22,500 005, 05, 05, 05, 05, 05, 05, 05, 0 10,000 00 10,000 00 s 05, 05, 05, 05, 05, 05, 05, 05, 05, 05, 0 s 0 1,200 00 650 00 1,300 00 400 00 -00 1,000 00 2,000 00 125 00 250 00 500 00 1,000 00 111-11 IITI Ll-F� 600 00 60 0 '200 00 1,000 00 250 00 250 0 - -1-T-L1.1 Ll 25,000 00 25,000 2�'000 00 25,000 00 25 000 00 25,000 00 25,000 01 21'000 00 251�000000 0.0 S.IA-I Part A-Al...d.EST .$ EI 1,004,E20.00 1,111,850.00 1,121400.00 1,11I585.00 --oo-oo K III LIAT 11,Wl Ll 1 29,100 00 29,100 00 31,700 00 31,700 00 40,000 00 40,000 00 20,000 00 20,000 00 5,000 00 5,000 00 1,000 00 1,000 00 12 -2%IF IAll III Ll 1 9,600 00 9,60 0 00 2,600 00 2,600 00 1%000 00 1%000 00 15,000 00 15,000 00 21,040 00 21,040 00 1,000 00 1,000 00 H TAII 11-1 Ll 1 31%500 00 31%50- 1,000,000 00 . T- 111TI. Ll 1 220,300 00 220,300 00 15%100 00 15%100 00 -,000 00 -,000 00 300,000 00 300,000 00 225,915 00 225,915 00 350,000 00 350,000 00 111T 1ILL-1- Ll 1 173,500 00 173,500 00 220,000 00 220,000 00 �5,000 00 �5,000 00 200,000 00 200,000 00 120,000 00 120,000 00 300,000 00 300,000 00 16 Ll 1 47,100 00 47,100 00 32,100 00 32,100 00 14,000 00 1,000 00 30,000 00 30,000 00 23,400 00 23,400 00 30,000 00 I 111F-T 11-11-T Ll 1 12,500 00 12,500 00 91500 00 91500 00 71000 00 71000 00 10,000 00 10,000 00 24,065 00 24,065 00 12,000 00 H 111F 1-1 111-1111T Ll 1 6,200 00 6,200 00 51500 00 51500 00 4,00 00 4,00 00 10,000 00 10,000 00 6,00 00 6,00 00 61000 00 61000 00 19 NT/A Pa P5F.4a N6.4N0 SV PPOF 1 25,000.0 25,000 00 25,000 00 25,000 00 25,000 00 25,000.0 25,000.0 25,000 00 25,000.0 25,000 00 25,000.0 25,000 00 Ll 1 �3,600 0 96,400 0 96,400 0 35,500 0 35,500 0 30,000 0 30,000 0 4%175 0 4%17 5 0 10,000 0 10,000 00 Ill I�111�I L I I 1 11111111 11 11 11 IAI I I L 1 1 1'56 00 00 0 0 0 0 0 0 0 0 0 0 7,500 00 '000 00 '000 00 %o o o 00 %o o o 00 9,600 00 9,600 00 9,000 00 9,000 00 10,000 00 10,000 00 - 111W 111FAM. _ 2 600 00 1,200 00 650 00 1,300 00 400 00 -00 1,000 00 2,000 00 125 00 250 00 500 00 11000 00 114 111-IF IITI Ll 1 600 00 600 00 1,00 00 1,00 00 1,200 00 1,200 00 1,000 00 1,000 00 250 00 250 00 1,000 00 1,000 00 115 ILLI-T-L1.1 1 25,000 00 25,000 00 25,000 00 25,000 00 25,000 00 25,000 00 25,000 00 j 25,000 00 25,000 00 25,000 00 25,H0 00 25,000 00 S.IA..I P-S-G.111h.,EST 91$ 1,028,020.001 1,071100.00 $ 1,001400.00 1,091,605.001 1,7-800.00 TOTAL AWARDED SCOPE OF WORK PROTECT TO- I.,C-CS ICI ='b.id.,d.111 b .b.iU.i.fbid t PROJECT LOCATION N SCALE: N.T.S. Doyle Q l v B J tl 0 ortland LOCATION MAP NOT TO SCALE NUECES BAY c oRRI�R z o CORPUS CHRISTI SHIP C LEOPARD PROJECT LOCATION 0 a i as s CORPUS CHRISTI O �Wi 286 INTERNATIO F AIRPORT v 0µ0 358 z k 9/ z `p1i C`gti N N 9 N O V . TEXAS A&M UNIVERSITY S'OkY CORPUS CHRISTI 358 CABANISS „sZ OSO BAY CORPUS CHRISTI FIELD Q NAVAL AIR STATION as O o° FLOUR BLUFF e r 358 286 4 l S' �� •� W � 4 Q- 2444 Rio VP ars KH VICINITY MAP NOT TO SCALE PROJECT NUMBER: 22030 GOLIHAR CITY COUNCIL EXHIBIT ELEVATEDSTORAGE TANK CITY OF CORPUS CHRISTI,TEXAS REHABILITATIONDEPARTMENT OF ENGINEERING SERVICES �"- .F "� , ,ilk � `x•�.� �'- M " SCALE: N.T.S. pf It, PROJECT LOCATION 177, -NIN�� a +, , co ;. 4Q:-� 4,� • 414 AERIAL MAP PROJECT NUMBER: 22030 NOT TO SCALE ;F GOLIHAR CITY COUNCIL EXHIBIT ELEVATED STORAGE TANK CITY OF CORPUS CHRISTI,TEXAS REHABILITATIONDEPARTMENT OF ENGINEERING SERVICES : «� t PROJECT LOCATION N SCALE: N.T.S. Doyle Q l v B J tl r ortland LOCATION MAP NOT TO SCALE NUECES BAY c oRRI�R o �o CORPUS CHRISTI SHIP C PROJECT LOCATION LEOPARD O a i as s CORPUS CHRISTI p / 286 INTERNATIO 16 v 00 z `p; C`gti N N 9 N O par �O� q TEXAS A&M UNIVERSITY S'OkY CORPUS CHRISTI 358 CABANISS �y Z OSO BAY CORPUS CHRISTI FIELD Q NAVAL AIR STATION as O o° FLOUR BLUFF e r 358 286 4 1-1 AW o °r � 4 qQ- zaaa RSO VP 3F VICINITY MAP NOT TO SCALE PROJECT NUMBER: 22030 ALAMEDA CITY COUNCIL EXHIBIT , '• ELEVATED STORAGE TANK ' CITY OF CORPUS CHRISTI,TEXAS � REHABILITATIONDEPARTMENT OF ENGINEERING SERVICES SCALIE::V'N,T,S. � A Q N ak ,/ e opt +.q v "trfo PROJECT LOCATION .e . io 0000 r. AERIAL M�, •. AP NOT TO SCALE PROJECT NUMBER: 22030 ALAMEDA CITY COUNCIL EXHIBIT ELEVATEDSTORAGE TANK CITY OF CORPUS CHRISTI,TEXAS REHABILITATIONDEPARTMENT OF ENGINEERING SERVICES Corpus Christi Engineering Alameda and Gollihar Elevated Storage Tanks Rehabilitation Council Presentation September 6, 2022 Project Location-Alameda EST Corpus Chr sti Engineering •- PROJECT LOCATION I i GP�np�G�'P a q PROJECT LOCATION Project Location-Gollihar EST Corpus Chr sti Engineering do N �' PROJECT LOCATION / e PROJECT LOCATION � . Project Scope Corpus Chrstf j Engineering I The scope of work includes the following activities- • Abrasive blast, clean, prime and coat the exterior and interior of the EST including all appendages, ladders, vents, hatches, railings, tank piping, valves, etc., • Install vents and hatches as indicated on the drawings and specifications • Perform Structural Tower Bracing and Support Member Replacement/Repairs as indicated on the drawings and specifications • Perform General Welding and Corrosion Related Repairs and Incidental Repairs/Modifications as indicated on the drawings and specifications • Spot blast for inspection and identification of repairs as indicated on the drawings and specifications. • Provide Seam Sealing and Epoxy Surfacing • Provide containment, dehumidification, and dust collection during surface preparation and coating Project Schedule Copus Chr st Engineering 2022-2023 January—May(2022) M J J A S October—December(2023) Design Bid/Award Construction Projected Schedule reflects City Council award in September 2022 with anticipated completion in December 2023. so G� O � U N�URPOHAIAGENDA MEMORANDUM 1852 Action Item for the City Council Meeting September 13,2022 DATE: August 15, 2022 TO: Peter Zanoni, City Manager FROM: Miles Risley, City Attorney M ilesR(cDcctexas.com 826-3739 Renewal of FY 2022-23 Excess Liability and Workers' Compensation Insurance Policy CAPTION: Resolution authorizing a total payment of$1,003,635.42 for the annual renewal of Excess Liability and Excess Worker's Compensation insurance coverage through the Broker of Record, Carlisle Insurance Agency, for upcoming policy year October 1, 2022-September 30, 2023. SUMMARY: The current Excess Liability and Workers' Compensation policy expires 9/30/2022. The 2022-23 renewing premium represents a 19.58% increase over expiring premium of$839,330.88 keeping current retention levels, per occurrence and annual aggregate limit structure in place. The rate increase was 12% while the exposure increased 7.58%. This policy is an umbrella policy which provides an added layer of coverage above the City's $500,000/$1 million liability and $500,000 workers compensation self-insured programs. Carlisle Insurance Agency, the City's Broker of Record, solicited quotes under its current contract. BACKGROUND AND FINDINGS: Excess liability and excess workers compensation market conditions, recent City of Corpus Christi Law enforcement claim settlements, increased exposure rate as well as recent national high- profile law enforcement liability incidents, has affected excess carrier participation this year by causing some carriers to withdraw from the market. Now, the market is becoming less competitive and capacity to write insurance is shrinking, thereby increasing rates and premiums. The Broker of Record, Carlisle Insurance Agency, solicited quotes from the contracted excess liability and workers' compensation renewal markets and presents the following most competitive from the incumbent carrier, Safety National: The following are the current/expiring policylimits and deductible Retention / Per Occurrence Annual Aggregate Type Deductible Limit* Limit Workers' Compensation $ 500,000 Statutory - General Liability $ 500,000 $2,000,000 $ 7,000,000 Employee Benefits Liability $ 500,000 $2,000,000 $ 7,000,000 Law Enforcement Liability $1,000,000 $2,000,000 $ 7,000,000 Public Officials Liability $ 500,000 $2,000,000 $ 7,000,000 The following is the proposed policy limits and deductible: Workers' Compensation $ 500.000 Statutory - General Liability $ 500,000 $2,000,000 $ 7,000,000 Employee Benefits Liability $ 500,000 $2,000,000 $ 7,000,000 Law Enforcement Liability $1,000,000 $2,000,000 $ 7,000,000 Public Officials Liability $ 500,000 1 $2,000,000 $ 7,000,000 The following factors continue to drive excess liability and workers' compensation coverage rates and premiums: ➢ 5.65% increased payroll exposure used to calculate workers' compensation rates ➢ law enforcement liability settlement each of the past two policy years ➢ large current open law enforcement reserves on two other claims ➢ two workers' compensation presumptive death claims the last two policy years ➢ market conditions and general litigation trends in law enforcement liability ➢ evaporating market capacity for public entity lines and excess coverage ➢ high inflation ALTERNATIVES: If this item is not approved as presented, one option is to increase our retention level for all lines of coverage to $1 million (currently only law enforcement liability only has this retention level) for a premium of $800,496 and savings of $203,139 over the proposed quote. In consulting with our broker, Carlisle Insurance and our actuary, AMI Actuary Consultants, both agreed that the decrease in premium was insufficient to pay for the increased risk the City would be assuming. AMI and Carlisle will study this issue in the upcoming year. Another alternative is for the City to fully self-insure its liability and workers' compensation claims, settlements and lawsuits funded through Risk Management. Currently, the City's maximum exposure per claim for liability is $500,000 per occurrence and $1 million for Law Enforcement Liability. For workers' compensation, it is $500,000 for all employees. Excess insurance limits the city's financial liability, whereas being fully self-insured would increase the City's financial exposure and required reserves, as annual actuarial data and forecasting reports have not assumed a fully self-insured program. FINANCIAL IMPACT: Risk Management included this expenditure of $1,003,635.42 in its FY 2022-23 Liability/Employee Benefits & Workers' Compensation Funds 5611 & 5612. The Risk Management fund is an internal operating fund based on cost allocation to each department. Approval of this item is an annual reoccurring expenditure to limit the City's financial exposure under its current self-insurance program. Funding Detail: Fund: 5611 & 5612 (50/50 Fee Split) Organization/Activity: 40510 & 40520 Mission Element: 005 Project# (CIP Only): N/A Account: 537030 RECOMMENDATION: Staff recommends approval of this action item as presented with the same self-insured retention, per occurrence, and aggregate limits per expiring with the incumbent carrier, Safety National. LIST OF SUPPORTING DOCUMENTS: Carlisle Insurance Agency marketing letter Resolution authorizing payment of $1,003,635.42 for the annual renewal of Excess Liability and Workers' Compensation policy through Broker of Record, Carlisle Insurance Agency, for upcoming policy year October 1, 2022 — September 30, 2023 WHEREAS, the City utilizes its broker of record to obtain excess liability insurance and excess workers' compensation insurance for protection of the public health or safety of the municipality's residents; WHEREAS, the current coverages are subject to renewal as of September 30, 2022; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, the City Council finds that this procurement of excess liability and excess workers' compensation insurance qualifies as an exception to competitive bidding under Local Government Code, Section 252.022(a)(2), as this procurement is necessary to preserve or protect the public health or safety of the municipality's residents; and WHEREAS, the City Council also finds that this procurement is authorized pursuant to Texas Local Government Code Section 252.024, which authorizes a sole broker of record to procure necessary coverages for insurance. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or designee, is authorized to execute all documents necessary to obtain excess liability and excess workers' compensation insurance coverages, through City's Broker of Record Carlisle Insurance Agency, for upcoming policy year October 1 , 2022, through September 30, 2023, in exchange for annual premium in the amount not to exceed $1 ,003,635.42. Page 1 of 2 PASSED AND APPROVED on the day of , 2022: Paulette 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 Guajardo City Secretary Mayor CARLISLE INSURANCE August 17, 2022 City of Corpus Christi Attn: Gilbert Sanchez 1201 Leopard Street Corpus Christi, TX 78401 RE: Excess Workers' Compensation and Excess Liability Renewal Marketing Policy Term 10/01/2022 to 10/01/2023 Dear Mr. Sanchez, On behalf of the City of Corpus Christi, Carlisle Insurance solicited quotes for Excess Workers' Compensation and Excess Liability. Your incumbent carrier, Safety National, is the only carrier writing both Excess Workers' Compensation and Excess Liability for public entities in the state of Texas. Other carriers only offer one or the other, and with higher Self-Insured Retentions. As evidenced below, the ability to package all casualty lines together creates meaningful savings that would not be available by placing the lines of coverage with separate carriers. Market responses are provided below. • Safety National (Recommended Option) Carriers offering Excess Work Comp Only: • Midwest Employers Casualty—$1 M Min. SIR/ $400K Min.lndication • Arch — $1.25M Min. SIR / $350K Min. Indication • Chubb—$1.5M Min. SIR for Police & Fire/$1 M Min. SIR All Other/$300K Min. Indication Carriers offering Excess Liability Only: • Munich Re - Indicated LEL alone would be more than $420K Premium • Berkley Public Entity— Could Match Terms, but minimum premium of$750K • Hudson — Min. SIR on all lines of$1M / $500K -$600K Premium Indication Unfortunately, the marketplace is very limited for public entity Excess Workers' Compensation and Liability in Texas. Furthermore, the City's poor loss history, including recent large losses on Excess Work Comp and Liability, has hindered the ability to obtain favorable results with the other markets. Respectfully, c Chase Carlisle, CIC, CMIP, CPCU Vice President C: (361)548-0755 O: (361)884-2775 chasec(a)carlisleins.com so �o o� A H AGENDA MEMORANDUM WoRPORPg4 Action Item for the City Council Meeting September 20, 2022 1852 DATE: September 20, 2022 TO: Peter Zanoni, City Manager FROM: Steve Viera, Interim Director of Public Health SteveVCa)-cctexas.com 361-826-3445 Addendum to Amended Public Health District Agreement with Nueces County for City-Operated Corpus Christi-Nueces County Public Health District for FY 2022- 2023. CAPTION: Motion authorizing an Addendum to the Agreement for the City-Operated Corpus Christi-Nueces County Public Health District identifying Nueces County membership contributions for FY 2022- 2023 of $1,765,296 for Public Health Services and $1,567,620 for 1115 Waiver services for a total contribution of$3,332,916. SUMMARY: The City of Corpus Christi and Nueces County agreed to negotiate payments for future fiscal years for the operation of the Corpus Christi-Nueces County Public Health District. Nueces County's membership contributions for the Fiscal Year 2023 will be due in equal monthly installments of$147,108 for public health district services and $130,635 for 1115 waiver services no later than the first day of each month. BACKGROUND AND FINDINGS: On March 1, 2022, the City of Corpus Christi became the sole operating entity of the Corpus Christi - Nueces County Public Health District (CC-NCPHD). As part of the amended agreement for a City operated Public Health District funding from the County will be negotiated annually as payments for services and operations by July. In August of 2022 the County Commissioners approved unanimously the service fee payments for the Corpus Christi — Nueces County Public Health District and 1115 Waiver Program. The services provided by the Public Health district include preventing disease, disability, & premature death; promoting healthy lifestyles; and protecting the health & quality of the environment for all residents of Nueces County. The 1115 Waiver Program also referred to as the Texas Healthcare Transformation and Quality Improvement Program focuses on the underserved areas in Nueces County while promoting healthy living and choices throughout the community. ALTERNATIVES: Refuse the amendment and lose additional funding to be utilized for services provided by the Corpus Christi — Nueces County Public Health District. FISCAL IMPACT: Corpus Christi — Nueces County Public Health District funding from the County will be negotiated annually as payments for services and operations will be budgeted per fiscal years. FUNDING DETAIL: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of the Resolution. LIST OF SUPPORTING DOCUMENTS: Contract No. Ordinance COF Addendum to Amended Cooperative Agreement for City-Operated Corpus Christi-Nueces County Public Health District For FY 2022-2023 WHEREAS, the City of Corpus Christi and Nueces County agreed to negotiate payments for future fiscal years for the operation of the Corpus Christi-Nueces County Public Health District. NOW THEREFORE, this Addendum shall modify the Amended Cooperative Agreement for City-Operated Corpus Christi-Nueces County Public Health District between the City of Corpus Christi (the "City") and Nueces County (the "County"). To the extent that any of these terms are inconsistent with the Amended Cooperative Agreement for City-Operated Corpus Christi-Nueces County Public Health District, the terms in this Addendum shall govern. All other terms and conditions of the Amended Cooperative Agreement for City- Operated Corpus Christi-Nueces County Public Health District remain effective and in full force. Section 1. County Payments for Health District. The County's membership contribution for the Fiscal Year 2022-2023 County Dep't 3091 City/Co Health Unit will be $1,765,296 and County Dep't 1377-1115 Waiver Funds will be $1,567,620. The County's membership contributions for the Fiscal Year 2022-2023 will be due in equal monthly installments of $147,108 and $130,635 for each of the two aforementioned funds for the Fiscal Year 2022-2023 no later than the first day of each month. EXECUTED on the day of On behalf of Nueces County, Texas: Barbara Canales Nueces County Judge Robert Hernandez John Marez Commissioner, Precinct 1 Commissioner, Precinct 3 Joe A. Gonzalez Brent Chesney Commissioner, Precinct 2 Commissioner, Precinct 4 Attest: Approved as to Form: Kara Sands, County Clerk Jenny Dorsey, County Attorney Page 1 of 2 C:AUsers\TCorwinl3003\Desktop\EEEVVVERYTFHNG\8-17-22\Addendum to Heath District Agreement FY22-23.docx On behalf of City of Corpus Christi, Texas: Peter Zanoni City Manager Attest: Approved as to Form: Rebecca Huerta, City Secretary Miles Risley, City Attorney Page 2 of 2 C:AUsers\TCorwinl3003\Desktop\EEEVVVERYT UNG\8-17-22\Addendum to Heath District Agreement FY22-23.docx �?- 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 1 lealth 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 14greement to Operate a Public Health District effective September 1,2013,the SecondAmendment to the Reformed CooperativeA,greement 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 City Wlithdrawal 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 in 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"). Section 2. Organizational Structure. a. City 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, riles, 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 https://mecesco-my.shazepointcom/personal/ido.e,-8194—.uecesco_com/Docu—../Desktop/City County Health D-orcefDraft Amended Public Health District Agreement-2-1422 for Coun printing.docx Page 1 of 9 20220081-2114 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 ARPA 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 Reorgani.Zation. 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 Employeesgiven same rights to Apply for Open Health District Positions as City Employees. Non-executive employee positions in the Health District will initially be open for internal applicants of the Health 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, FMLA. 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). https://Tuece.sco-tny.sharepoint.com/personal/ldoe cy8l94—nuecesco_comJDocummus/Desktop/City County Health Divocce(Drak Amended Public Health Disuict Agreement-2-1422 for Coutt pdnong.docx Page 2 of 9 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 FMLA-eligible County employees shall not be denied eligibility for protected leave under the Family and Medical Leave Act("FM1.A") 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. City 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 Dept 3091 City/Co Health Unit will be94$ 3,000 (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 of signing, and may be di_fferent f om the number listed today 2 f 4122) (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 15t beginning the fiscal year for which the Health 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 Health 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 https://nucccsco-niy.sharepoint.com/personal/Icia sev8l94_miecesco c,n/Documents/Deektop/City County Health Divorce/Draft Amended Public Health Distnct Agreement--2-14-22 Eor Conr pdnneg.do- Page 3 0£9 OU with Health District-HHS001031800022 09/01/2021 -08/31/2023 No Cost seat and control the spread of infectious disease OU with Health District 09/08/2020-08/25/2020 No Cost onfidential Data Vital Statistics Agreement with Health District 09/01/2018-08/31/2023 $1.83 per printed (City) record access to DSHS Online Database Service Agreement with City 12/28/2020- 12/28/2023 $29,500 sinking 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 regrant 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 IDCV/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 COVID-19 Health Disparities Grant HHS000288900003 01/01/2019-08/31/2022 $1,011,806 STD/HIV 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 https://nuecesco-my.sharepoint.com/personal/idonev8l94_nuecesco_com/Documents/Desktop/City County Health Divorce/Draft Amended Public Health District Agreement--2-14-22 for Court printing.doex Page 4 of 9 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 $22,800,779 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 epidemiology rant 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 IMM/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 x'2022 Laboratory Response Network (LRN-PHEP) 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 be 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. https://nuecesco-my.shuepointcom/personal/idorseySI94_nuccesco_com/Documents/Desktop/City County Health Divorce/Draft Amended Public Health Distnct Agreement--2-14-22 for Court prinuug.do- Page 5 of 9 (4) County Grants for Health Semices 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. Health 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,III ISREV100000815. Section 5.Modification of Cooperative Agreement.Any member may request a modification to this Agreement by giving 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 I'vritten 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 Health 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 membcr(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. https://nuecesco-my.sharepnitit.com/personal/lc1—.y8l94_nuecesco_com/Documents/Desktop/City County Health Divorce/Draft Amended Public Health District Agreement--2-14-22 for Court prirting.do- Page 6 of 9 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 § 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,S 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: • personal health promotion and maintenance services; • 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 Healtb 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 haps:(jnuecesco-mysharepoint.com{pe<sonalJjdorsey8t94_nuecesco_comJDocuments(Desktop/City County}Iealth Divorce(Draft Amended Public Health Distract Agreement--2-14-22 for Coua pnnting.do Page 7 of 9 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 4ti,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 HIPAA-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 Health 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 Match 1,2022(the"Effective Date"). Upon execution of this Agreement by both parties,all prior withdrawals are hereby rescinded. Signatures on the followingpage. https://nuccesco-my.shuepoint.com/personal/jdorsey8l94_nuecesco_com/Documetits/Desktop/City County I Icalth Divorce/Draft-Aitriended Public I lealth DistnctAgreernent--2-14-22 for Court printing.cloc Page 8 of 9 EXECUTED on the-day ofFP- TCIL 2022. On behalf of Nueces County,Texas: BARBARA CANALES NUECES COUNTY JUDGE iL M 164AYHERNANDEZ =mmissioner, N MAREZ Commissioner, Precinct 1 Pre ' ct 3 f i JOEZ BRENT CHESNEY Commissione ,Precinct 2 Commissioner, Precinct 4 At c l.A` ,. i FCFS.C Kara Sands, County Clerk Approved as to Form: Jenny orsey,County Attorney On behalf of City of Corpus Christi,Texas: Attest: ';�' Peter Zanoru,�Cityanager Rebecca Huerta,City ecretary Approved as to Form: 2V 2 Miles Risley, City Attorne https://mccesco-my.shazepoint.com/personal/idoney8l94_nuecesco_com/Documents/Desktop/City County Health Divorce/Draft-4mended Public Health District Agreement--2-14-22 for Court printing.docx Page 9 of 9 20220081-2/14 Motion Motion authorizing an Addendum to the Agreement for the City - Operated Corpus Christi - Nueces County Public Health District (CC-NCPHD) identifying Nueces County's membership contribution for Fiscal Year 2023 in the amount of $1 ,765,296 for Public Health District services and $1 ,567,620 for 1115 Waiver services for a total contribution of $3,332,916. City Council September 20, 2022 Summary & Background Agreement with Nueces County for City-Operated Corpus Christi - Nueces County Public Health District for FY23. • The City of Corpus Christi and Nueces County agreed to negotiate payments annually for services and operation of the Corpus Christi- Nueces County Public Health District. • In August of 2022, the County Commissioners approved unanimously the service fee payments for the Corpus Christi — Nueces County Public Health District and 1115 Waiver Program. • Nueces County's membership contributions for the Fiscal Year 2023 will be due in equal monthly installments of $147,108 for public health district services and $130,635 for 1115 waiver services no later than the first day of each month. Fiscal Impact and Staff Recommendation Fiscal impact • Nueces County contribution is $1,765,296 for Public Health District Services • Nueces County contribution for 1115 Waiver Program is $1,567,620.00 • Total contribution of $3,332,916 for FY23 Staff Recommends Approval City Council September 20, 2022 .�vs c 00 a� � H U N09PORPS E 1852 AGENDA MEMORANDUM Action Item for the City Council Meeting of September 13, 2022 DATE: August 30, 2022 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 6effreyea-cctexas.com (361) 826-3851 Gabriel Ramirez, Interim Director of Water Utilities gabrielra-cctexas.com (361) 826-1202 Heather Hurlbert, CPA, CGFO, Director of Finance & Procurement heatherh3a-cctexas.com (361) 826-3227 Professional Services Contract Broadway Wastewater Treatment Plant Third Clarifier CAPTION: Motion authorizing a professional services contract with Ardurra Group, Inc, Corpus Christi, Texas, to provide design, bid, and construction phase services for a new clarifier, odor control equipment, filter and chemical feed improvements and drainage improvements at the Broadway Wastewater Treatment Plant in an amount not to exceed $845,575.00, located in Council District 1 , with FY 2022 funding available from Wastewater Capital Fund. SUMMARY: This motion authorizes approval of a professional services contract for design, bid, and construction phase services for Broadway Wastewater Treatment Plant improvements. BACKGROUND AND PURPOSE: The Broadway Wastewater Treatment Plant (BWWTP) was originally designed to include four clarifiers in 2009. Due to a contract dispute, only two clarifiers were installed and in service for conventional activated sludge treatment process. Together, the two clarifiers provide a 20 MGD capacity, however have maintained peak flows as high as 29 MGD. Operations and maintenance staff have concluded that a third clarifier is optimal to increase the plant capacity to 30 MGD and provide sufficient redundancy for maintenance activity on the existing two clarifiers. A fourth clarifier, as included in the previous design is not needed. That third clarifier project was approved in the FY21-22 Wastewater Capital Budget.This project will deliver a wastewater treatment plant that meets operational requirements. Staff has determined that the previous design from 2009 cannot efficiently be re-used or modified to meet the needs of the BWWTP, and thus a new design will be required to keep the plant operating within permit allowance. The original design included four clarifiers. Although the design engineer can use it as a reference, it would not be advisable to use those documents to bid the 3rd clarifier work for the following reasons: (1) There have been issues with the original BWWTP design, and the clarifiers do not perform well at the rated capacity. (2) The new Design Engineer will conduct plant performance evaluations and design a new clarifier appropriately sized to provide a total combined capacity of 30 MGD. This will likely mean the third clarifier will be designed with greater than 10 MGD capacity to account for the underperformance from the original two clarifiers. (3) There have been problems with the metallurgy of the original equipment and a different design is required. (4) The underground piping for a three-clarifier configuration will be different from the original design. (5) In addition to designing a new third clarifier, the proposed scope also includes refurbishing the existing effluent filters, a new effluent filter bypass line, replacement of an odor control unit, a new internal roadway and other improvements which are not included in the original design. This professional services agreement will provide services for preliminary, design, bid, and construction phase services for the construction of a new clarifier, odor control for the Headworks, refurbishment or demolition of existing sand filters and chemical feed system, and improvements to paving and drainage of access road. The demolition of structures necessary to implement the proposed work will be carried out by a separate project to accommodate this project with no conflicts. Below is the fee breakdown for the scope of services to be provided by the project: Components Basic Design Fee Addition Services Total Fee Fee • Clarifier#3 • RAS/WAS Pump $671,701 $62,390 $734,091 Station • Headworks Odor Control Replacement • Sand Filter Bypass & $100,704 $10,780 $111,484 Rehab • Pavement Improvements Total Package $772,405 $73,170 $845,575 PROJECT TIMELINE: 2022 - 2023 1 2024 - 2025 July - September O N D January - July Design Bid/Award Construction Projected schedule reflects City Council award of design services in July 2022 with anticipated construction completion in July 2025. COMPETITIVE SOLICITATION PROCESS: Ardurra Group, Inc., was selected in July 2021 under RFQ 3609-Professional Engineering Services for Broadway Wastewater Treatment Plant Third Clarifier project,which was one of three projects announced under the Water and Wastewater CIP 2021 Projects category of the RFQ. Three firms submitted for the Broadway Wastewater Treatment Plant Third Clarifier. The selection committee was comprised of representatives from the Utilities Department and Engineering Services Department. The final evaluation ranked Ardurra Group Inc. as the highest ranked firm based on three factors: 1) Firm's experience, 2)Team's Experience, 3) Understanding of project scope. Ardurra Group, Inc. (formerly LNV), has worked on City projects for over twenty years and has completed many projects. Notable projects include Oso WRP Headworks and Lift Station Improvements, New Broadway WWTP, Resaca Lift Station Upgrades, and Oso WRP Chlorine Contract Chamber and Clarifier No. 5 Rehabilitation. ALTERNATIVES: Council could choose not to award the contract to Ardurra Group, Inc. Not awarding the contract for professional services to Ardurra Group, Inc., will delay necessary improvements to the Broadway Wastewater Treatment Plant, create more costly maintenance in the future, and may affect the ability to meet the operational and regulatory requirements. In addition, the delay could also cause TCEQ permit violations and fees. FISCAL IMPACT: The fiscal impact to FY 2022 is an amount not to exceed $845,575.00 with funding available through the Wastewater Capital Fund. FUNDING DETAIL: Fund: Wastewater 2023 CIP (Fund 4259) Mission Elem: Wastewater Collection System (042) Project: Broadway Wastewater Treatment Plant Third Clarifier (Project No. 21001) Account: Outside Consultants (550950) Activity: 20101-4259-EXP Amount: $845,575.00 RECOMMENDATION: Staff recommends approval of the professional services contract with Ardurra Group, Inc., in an amount not to exceed $845,575.00 for Broadway Wastewater Treatment Plant Third Clarifier project. The design phase will begin in July 2022 with estimated design completion in September 2023. Construction is anticipated to begin in January 2024 with anticipated completion in July of 2025. LIST OF SUPPORTING DOCUMENTS: Location & Vicinity Maps Evaluation Matrix CIP Page Contract Presentation RFQ NO. 3609 - Professional Engineering Services for Water & Wastewater CIP 2021 Broadway Wastewater Treatment Plant Third Clarifier Proposal Evaluation Ardurra Corrpro Plummer MINIMUM QUALIFICATIONS (PASS/FAIL) Pass Pass Pass Licensing/Certification ✓ ✓ ✓ Minimum 10 years experience ✓ ✓ ✓ No material lawsuits during last 5 years ✓ ✓ ✓ No material regulatory issues last 5 years ✓ ✓ ✓ References Provided for firm ✓ TECHNICAL PROPOSAL (100 PTS) 90.2 89.0 81.2 Firms' Experience (30 pts) 26.8 26.6 25 Team's Experience 30 is 25.8 27.2 24 Understanding of Project Scope 40 is 37.6 35.2 32.2 90.2 89.0 81.2 Totall 90.2 1 89.0 1 81.2 m N SCALE: N.T.S. PROJECT LOCATION o Doyle Q ortland NUECES RIVER BAY c oRR�R z o CORPUS CHRISTI SHIP C � mop LEOPARD O a i as s CORPUS CHRISTI p / 286 INTERNATIO IS AIRPORT pµ0 358 z k 9/ z `p1i C`gti N N 9 N O TEXAS A&M UNIVERSITY S'OkY CORPUS CHRISTI 358 CABANISS „sZ OSO BAY CORPUS CHRISTI FIELD Q NAVAL AIR STATION as O p0 FLOUR BLUFF e r 358 286 ] � _(♦ a�44 4 � 4 Q- zaaa R�0 VP ars K'H VICINITY MAP NOT TO SCALE PROJECT NUMBER: 21001 BROADWAY WASTEWATER CITY COUNCIL EXHIBIT /'� TREATMENTPLANT THIRD CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES CLARIFIER ' SCALE: N.T.S. G x , l Z co Z LON n .. O w. , u r a� PROJECT LOCATION 7\7�' % AERIAL MAP NOT TO SCALE PROJECT 4NUMBER: 21001 BROADWAY WASTEWATER CITY COUNCIL EXHIBIT TREATMENTPLANT THIRD CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES CLARIFIER Capital Improvement Plan 2022 rhru 2024 City of Corpus Christi, Texas Project# 21001 Project Name Broadway WWTP Third Clarifier Type Reconditioning-Asset Longevit Department Wastewater �a Useful Life 25 years Contact Director of Water Utilities Category Wastewater Priority 2 Critical-Asset Condition P . Status Active Description The original design of Broadway WWTP included four clarifiers,but only two clarifiers were installed and in service for conventional activated sludge treatment process. One more clarifier is needed to provide operational redundancy for routine inspection and maintenance of existing two clarifiers. This project will demolish the existing old blower building and discharger,and build a third clarifier to meet operational requirements. Justification The implementation of this project is needed to meet the operational redundancy requirement on wastewater treatment clarifier at Broadway WWTP. Expenditures Prior Years 2022 2023 2024 Total Construction/Rehab 2,800,000 2,050,000 4,850,000 Testing 50,000 50,000 Inspection 150,000 150,000 300,000 Design 420,000 200,000 50,000 670,000 Contingency 250,000 200,000 450,000 Eng,Admin Reimbursements 80,000 50,000 50,000 180,000 Total 500,000 3,500,000 2,500,000 6,500,000 Funding Sources Prior Years 2022 2023 2024 Total Revenue Bonds 500,000 3,500,000 2,500,000 6,500,000 Total 500,000 3,500,000 2,500,000 6,500,000 Budget Impact/Other 71 This project will deliver a wastewater treatment plant that meets operational requirements. 329 ARDURRA July 5, 2022 J.H. Edmonds, P.E. Director of Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 Re: CITY OF CORPUS CHRISTI BROADWAY WWTP THIRD CLARIFIER CITY PROJECT NO. 21001 ARDURRA PROJECT NO. 210105 EXHIBIT `A' — LARGE A/E CONTRACT (DESIGN, BID, & CONSTRUCTION PHASES) Dear Mr. Edmonds: We are pleased to submit our scope of services and accompanying fee proposal for the Large AE Contract associated with the Broadway WWTP Third Clarifier project (City Project No. 21001). The Scope of Services included in this Contract include Preliminary Design, Design, Bid, and Construction Phase Services plus the listed Additional Services, as authorized. These Engineering services shall be provided in accordance with the attached Large AE Exhibit `A'. If you have any questions or need any additional information, please do not hesitate to contact me at GAtkinson(a)Ardurra.com or 361-883-1984. Thank you for selecting Ardurra to meet your engineering needs for this project. Sincerely, Ardurra Group, Inc. Grady S. Atkinson, P.E. Project Manager Attachments 801 Navigation Blvd., Ste. 300 I Corpus Christi, TX 78408 I 361.883.1984 I www.ardurra.com EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS BROADWAY WWTP THIRD CLARIFIER PROJECT NO. 21001 Project Description This project will include the construction of one (1) new clarifier, odor control for the Headworks, refurbishment or demo of the existing sand filters and chemical feed system (dependent on permitting and cost), in addition to, paving and drainage associated with access road improvements. Only two (2) existing clarifiers out of the four (4) proposed in the original design (City Project #7293 — New Broadway Wastewater Treatment Plant) were constructed and are currently in service. An additional clarifier is currently needed to provide operational redundancy for routine inspection and maintenance of the existing two (2) clarifiers. Included in this project will be assessment of the existing clarifiers due to known deficiencies and consideration for future conditions. The scope of work was discussed with City Staff and it was noted that there are operational problems occurring with the existing clarifiers and a desire to move away from the existing type of clarifier design proposing to investigate alternative types as part of this project. Additionally, the City will require a complete clarifier and accessories, connection to the non-potable water system, and connection to the existing clarifiers. It was noted that the demolition of the structures necessary to implement the proposed work of this project will be carried out by the City in a separate project to a specified depth in order to accommodate the proposed work of this project with no conflicts. The City expressed a preference for the south location for the new clarifier and requested Ardurra to propose the site development work as necessary to accommodate the new clarifier. The City noted that the goal as part of this project is to have three (3) clarifiers with a 30 MGD capacity total (10 MGD per clarifier); however, the City believes that the two (2) existing clarfiers were constructed to a smaller diameter than the original design called out for. Therefore, the capacity of the two (2) existing clarifiers will need to be assessed in the initial stages of design to ensure a 30 MGD flow rate capacity is met at the completion of this project. In addition to implementing the new clarifier, the City requested adding odor control at the Headworks and designing for both the refurbishment and demolition of the existing sand filters and chemical feed system to allow the City the flexibility to make a decision on which option to move forward with once permitting is further evaluated and bids are received. To accommodate for both options, operational flexibility to use or not use the sand filters will be assessed and designed for as necessary. It should be noted that at the time of this contract submittal, the City Capital Budget for construction of this project is in the amount of$4.85 M. Current Ardurra's opinion of probable construction cost for the improvements proposed as specified above is$10.8 M; therefore, project budget adjustments are necessary to complete all the scope of work as specified hereing. The Scope of Services included in this Contract include Preliminary, Design, Bid and Construction Phase Services plus the listed Additional Services (as authorized) detailed below. I. SCOPE OF SERVICES A. BASIC SERVICES 1) Preliminary Phase. The Engineer (also referred to as Consultant) will: Exhibit A Page 1 of 13 1. Hold Project Kick-off Meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. 2. Coordinate Scope of Work Requirements with the City's subconsultants for geotechnical engineering work. 3. Coordinate scope of work requirements with the City or City's subconsultants for the demolition requirements necessary to remove existing structures for the improvements proposed as part of this project. Note complete demo of the existing digester operations building, aerobic digester, primary clarifier no. 2, and belt press building will be included in a separate project (City Project #E12159). 4. Request and review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. 5. Develop preliminary requirements for utility relocations, replacements, or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. 6. Develop tie-in protocols for utility relocations, replacements, or upgrades with City Operation Staff. 7. Assess the performance of existing secondary clarifiers and propose recommend improvement plans, includes: • Verify existing clarifiers capacity, dimensions • Assess clarifiers effluent meet permit • Propose improvement based on design criteria 8. Design 3rd Secondary Clarifier. The following will be considered in the design: • 3rd Secondary Clarifier capacity. • Scum system design • Weirs, baffles, stilling wells, rakes design • Add drain ability to clarifier, design drainage tie-in • Select material with high chloride corrosion resistance • Provide options for different type clarifier • Connection to the existing non-potable water system • RAS/WAS pumps design • Yard Piping design 9. Modifications to the existing splitter box for the distribute of water to proposed 3rd Secondary Clarifier. 10. Assess the odor issues occurring at the Headworks Lift Station and propose recommended improvements for odor control. 11. Assess refurbishment of the existing sand filters and propose recommended improvements for extended operational use during none wet weather events meeting TCEQ requirements. Note that this scope of work will include providing operational ability to the City to use and not use the sand filters at any given time if TCEQ permits and will be designed for in conjunction with demo of the sand filters to bid both options out and provide the City the ability to choose which direction to move forward with at the time of contract award. 12. Assess the demolition of the sand filters and chemical feed system on the effluent line to include: • Design demolition plan • Design tie-in detail for effluent line Exhibit A Page 2 of 13 Note that this scope of work will be designed for in conjunction with refurbishing the sand filters to bid both options out and provide the City the ability to choose which direction to move forward with at the time of construction contract award. 13. Assess and provide pavement and drainage design criteria for providing vehicle access to RAS/WAS pumps, 3rd Secondary Clarifier, and Admin/Ops/Maintenance building. 14. Assess and recommend a preliminary construction sequencing scheme based on implementing the improvements proposed as part of this project and minimizing/eliminating interruptions to the operations of the WWTP during construction. 15. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues. 16. Provide regular progress meetings used to coordinate ongoing issues, discuss project status and obtain input from the City. Engineer will prepare meeting minutes and will finalize and distribute after review by the City's Staff. In addition to the progress meeting minutes, a decision and action item log will be prepared for the project by the Engineer and provided to the City throughout the Preliminary Phase after all progress meeting/workshops. The Decision/Action Item Log will track all decisions made during meetings and will be formatted per City's requirements and made available via share file provided by the Engineer. 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 will remotely dial in by phone as necessary. Meetings: • Five (5) two-hour progress meetings (quarterly) with utility and engineering services staff through the Preliminary Phase. 17. Coordinate the work of all subconsultants, including leading of meetings with subconsultants to coordinate completion of work and adherence to schedules. Meetings will be held bi-weekly (5 meetings total; 1-hour duration) throughout the Preliminary Phase. 18. Prepare a project schedule that summarizes all the major tasks of the project and the critical path of the project. Engineer will update the project schedule as the project progresses or changes occur throughout the preliminary phase. 19. Prepare opinion of probable construction costs based on the pertinent design scope identified in the draft and final engineering letter report. 20. Prepare a drawing and specification index that identifies the anticipated drawings and specifications that will need to be developed during the design phase. Exhibit A Page 3 of 13 21. Provide quality assurance reviews of the draft and final engineering letter report to ensure scope of work pertinent to City requirements is being met. 22. Prepare an Engineering Letter Report (10 — 25 page main-body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic-level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF). Engineering Letter Report to include: • Provide a concise presentation of pertinent factors, sketches, designs, cross-sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing report, right-of- way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. • Include summary output tables from Hydraulic and Hydrologic analyses. • Include existing site photos. • Provide opinion of probable construction costs. • Provide updated project schedule. • Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues. • Provide anticipated index of drawings and specifications. 23. Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. 24. Conduct Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report as scheduled by City Project Manager. 25. Assimilate all City review comments of the Draft Engineering Letter Report and provide one (1)set of the Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. City staff will provide one set only of the following information (as applicable): • Electronic index and database of City's record drawing and record information. • Requested record drawings, record information in electronic format as available from City Engineering files. • The preliminary budget, specifying the funds available for construction. • A copy of existing studies and plans. (as available from City Engineering files). Exhibit A Page 4 of 13 • Field location of existing city utilities. (Engineer to coordinate with City Operating Department) • Applicable Master Plans and GIS mapping are available on the City's website. • City Control survey Bench marks and coordinates. The records provided for Engineer's use under this contract are proprietary, copyrighted,and authorized for use only by Engineer,and on/vfor the intended purpose of this project. Any unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2) Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the Engineer will: 1. Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. 2. Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction. 3. Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems (as necessary) within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. (It is anticipated the construction documents necessary for the scope of work identified herein will include a total of 156 drawings and 80 specifications; Disciplines will include Civil, Structural, Mechanical, Plumbing, Instrumentation, and Electrical). 4. Included in the construction documents will be a separate specification for testing, training, and facility start-up. The specification will include the following: • Start-Up Plan; • Performance Testing; • General Start-up and Testing Procedures; • Functional Testing; • Operational Testing; • Certificate of Proper Installation; • Services of manufacturer's representatives; • Training of OWNER's personnel; • Final testing requirements for the complete facility. 5. Prepare construction plans in compliance with CPPSCF using English units on 11"x 17". 6. Furnish one (1) set of the interim plans (60% submittal - electronic and hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. i. Required with the interim plans is a "Plan Executive Summary, project checklist & drawing checklist" which will identify and Exhibit A Page 5 of 13 summarize the project by distinguishing key elements and opinion of probable project costs. ii. Attend 60% submittal meeting with City Staff to assist staff in review of 60% submittal. 7. Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. 8. Provide one (1) set of the pre-final plans and bid documents (90% submittal -electronic and hard copy using City Standards as applicable) to the City staff for review and approval purposes with revised estimates of probable costs. Plan execution summary, project checklist and plan checklist. 9. Hold Project 90% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, and incorporate any requirements into the plans and specifications, and advise City of responding and non-responding participants as appropriate and, upon Notice to Proceed. 10. Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full-size hard copy using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. 11. Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all submittals of the interim (60%), pre-final (90%), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City-provided review comments or provided submittals in accordance with City standards. 12. Provide regular progress meetings used to coordinate ongoing issues, discuss project status and obtain input from the City. Engineer will prepare meeting minutes and will finalize and distribute after review by the City's Staff. In addition to the progress meeting minutes, a decision and action item log will be prepared for the project by the Engineer and provided to the City throughout the Design Phase after all progress meeting/workshops. The Decision/Action Item Log will track all decisions made during meetings and will be formatted per City's requirements and made available via share file provided by the Engineer. Scope Item Assumptions: • Meetings will be held at the Corpus Christi Utilities building. Exhibit A Page 6 of 13 • Utilities and Engineering Services Staff will attend progress meetings. • Engineer's staff working on the project will remotely dial in by phone as necessary. Meetings: Five (5) two-hour progress meetings (quarterly) with utility and engineering services staff through the Preliminary Phase. The City staff will: • Designate an individual to have responsibility, authority, and control for coordinating activities for the Project. • Provide the budget for the Project specifying the funds available for the construction contract. • Provide electronic copy of the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3) Bid Phase. The Engineer will: 1. Attend pre-bid meeting. 2. Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. 3. Attend bid opening. 4. Review bids and bidder references for completeness, balance of bid items, and responsiveness and shall prepare a tabulation of bid prices. 5. Recommend contract award, based on the lowest responsive and responsible bidder. 6. Provide support to City for preparation of Council Meeting Agenda. The City staff will: • The City will designate an individual to have responsibility, authority and control for coordinating activities for the construction contract award. • The City will provide the budget for the project specifying the funds available for the construction contract. • The City will provide the City's updated standard specifications, standard detail sheets, standard and special provisions and forms for required bid documents. • The City will arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. • The City will advertise the projects for bidding, main the list of prospective bidders, receive and process deposits for all bid documents, issue (with assistance of Engineer) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. • The City will receive the ENGINEER's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. Exhibit A Page 7 of 13 • 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 4) Construction Administration Phase. The Engineer will perform contract administration as described below on a Time and Materials basis as authorized by City Staff via written request. Services shall not exceed the fee established in Exhibit `A' without written authorization from the Director of Engineering Services. Contract administration services performed by the Engineer shall include the following: 1. Attend pre-construction meeting conference. 2. Review Contractor submittals and maintain a submittal log. 3. Review and interpret field and laboratory tests. 4. Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. Provide Interpretations and Clarifications for Contractor thru RFI (Anticipated 20 RFIs, 2 hrs/RFI), Provide Interpretations and Clarifications for inspector (Ancticipated 30 questions, 1 hr/question). 5. Attend scheduled construction progress meetings (one (1) per month) to discuss general progress. The anticipated construction duration is 18 months. 6. Make regular visits (one (1) per month) to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. The anticipated construction duration is 18 months. 7. Assist City staff with preparation of change orders, as authorized by the City. 8. Attend final inspection with City staff, provide punch list items to the City's Construction Engineers for contractor completion, and provide the City with a Certificate of Completion for the project upon successful completion of the project. 9. Review Contractor-provided construction "red-line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: • Designate an individual to have responsibility, authority, and control for coordinating activities during the construction phase. Exhibit A Page 8 of 13 • Prepare applications/estimates for payments to contractor. • Prepare Change Orders. • Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. Engineer may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The Engineer shall, with written authorization by the Director of Engineering Services, perform the following: 1) Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The Engineer will prepare this documentation for all required signatures. The Engineer will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a) TxDOT utility and environmental permits, multiple use agreements b) Wetlands Delineation and Permit. c) Temporary Discharge Permit d) Texas Commission of Environmental Quality (TCEQ) Permits/Amendments e) Nueces County f) Texas Historical Commission (THC) g) U.S. Fish and Wildlife Service (USFWS) h) U.S. Army Corps of Engineers (USACE) i) United States Environmental Protection Agency (USEPA) j) Texas Department of Licensing and Regulation (TDLR ) k) Texas General Land Office (TGLO) 1) Other agency project-specific permits (Development Services Building Permit) 2) Topographic Survey. All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal/vertical control. c) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. —the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. Exhibit A Page 9 of 13 f) All control work will be established using conventional (non-GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil/pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third-parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. Surveying services, related to subsurface engineering (SUE) shall be provided as part of the scope of work for SUE (Additional Service 11, below). i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. 3) Subsurface Utility Engineering. Provide Level A Subsurface Utility Engineering (SUE) services for the project. Subsurface Utility Engineering services are divided into four (4) levels (Level A through Level D). Level A Services involve physically locating the utility by different geophysical methods. Once the utility is located, its coordinates are noted by survey measurements. The purpose of performing Level A SUE services for the project is to ensure no conflicts occur between the proposed construction and existing utilities at the Broadway WWTP. The Engineer will coordinate the field surveying to help locate subsurface utilities using geophysical methods in the proposed construction area. The vertical and horizontal location, size, pipe material and configuration of the utility line will be recorded. Ardurra will transfer the data obtained from the field to update utility base maps and project design plans. Ardurra will also coordinate with the City regarding potential utility crossings and conflicts. 4) Start-up Services. Provide start-up services to assist in the transfer of finished work from a construction status to an operating, functional system(s). The services to be provided for this task include the following: • Assist the City in start-up testing and equipment troubleshooting for the use of new Clarifier 3. • Compile the operations and maintenance manuals for the City and confirm operation and maintenance requirements. • Coordinate overall system training and review/submit training material to City for pre-review prior to training classes provided by the contractor. • Review of As-Built drawings based on the final construction of the Clarifier 3 and component changes required for Clarifier 3 operations. • Instrument calibration assistance as required. Scope Item Assumptions: • Contractor is responsible for preparing, testing, and cleaning equipment prior to start-up as detailed in the project specifications. Exhibit A Page 10 of 13 • City to maintain start-up checklists. 5) Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one- year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. Exhibit A Page 11 of 13 II. SCHEDULE Date Activit TBD NTP 3 Months after NTP DRAFT Engineering Letter Report 4 Months after NTP City Review 6 Months after NTP FINAL Engineering Letter Report 8 Months after NTP 60% Design Submittal 9 Months after NTP City Review 11 Months after NTP 90% Pre-Final Design Submittal 12 Months after NTP City Review 14 Months after NTP Final Design Submittal 17 Months after NTP Contract Award 18 Months after NTP Begin Construction 36 months after NTP I Complete Construction Exhibit A Page 12 of 13 III. FEES A. Fee for Basic Services. The City will pay the Engineer a fixed fee for providing all "Basic Services" authorized as per the table below except for the Construction Administration Phase. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-3 above, and for all expenses incurred in performing these services. The Construction Administration Phase services as outlined in Section I.A. 4 above will be provided on a Time and Material (T&M) basis in accordance with the Engineer's standard hourly rates for a maximum not to exceed amount per the table below. For services provided, Engineer will submit monthly statements for services rendered. The City will make prompt monthly payments in response to Engineer's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services,"the City will pay the Engineer a not-to-exceed fee as per the table below: Summary of Fees A. Basic Services Fees 1) Preliminary Phase $ 131,156 2) Design Phase $ 514,168 3) Bid Phase $ 12,964 4) Construction Administration Phase (T&M NTE) $ 114,117 Subtotal Basic Services Fees $ 772,405 B. Additional Services Fees 1) Permit Preparation $ 22,100 2) Topographic Survey $ 17,310 3) Subsurface Survey $ 17,170 4) Start-up Services $ 11,610 5) Warranty Phase Services $ 4,980 Subtotal Additional Services Fees $ 73,170 Total Services Fees $ 845,575 Exhibit A Page 13 of 13 Corpus Chr s[i Engineering Broadway Wastewater Treatment Plant Third Clarifier N del Council Presentation August 16, 2022 Project Location c4rpuschrsti Engineering SCALE.N.T.S. PROJECT LOCATION p Nbue m r—r Project Scope Corpus Chrsti Engineering A brief summary of proposed improvements is as follows: • Construction of 3rd secondary clarifier • Modifications to the existing splitter box for distribute of water to proposed 3rd secondary clarifier • Odor control at headworks lift station • Refurbish or demolition of existing sand filters and chemical feed system • Pavement and drainage improvements to access road Project Vicinity Corpus Chr sti Engineering PROJECT LOCATION r scn�e v.rs z 2 { a ' 1� Z c D 1µ � Project Schedule Carpus Chr sti Engineering 2022 - 2023 1 2024 - 2025 July - September O N D January - July Design Bid/Award Construction Project schedule reflects City Council award in July 2022 with anticipated construction completion in July 2025. so �o o� A H AGENDA MEMORANDUM µoRPORPg4 First Reading Ordinance for the City Council Meeting of September 13, 2022 1852 Second Reading Ordinance for the City Council Meeting of September 20, 2022 DATE: September 13, 2022 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(a)-cctexas.com (361) 886-2604 Accepting and appropriating funds the 2023 Selective Traffic Enforcement Program Grant Funds from the Texas Department of Transportation (TXDOT) CAPTION: Ordinance authorizing acceptance of grant funds in an amount of $184,929.55 from the Texas Department of Transportation for the 2023 Comprehensive Selective Traffic Enforcement Project for overtime for police officers to increase traffic enforcement in the City, with a City match of $46,247.50 in fringe benefits and fuel expenses, with funds available from the FY 2023 General Fund; and appropriating $184,929.55 in the Police Grants Fund. SUMMARY: This ordinance authorizes acceptance of a grant and appropriation of funds from the Texas Department of Transportation for overtime for police officers to increase traffic enforcement in the City with a City match of$46,247.50 in fringe benefits and fuel expenses with funds available from the FY 2023 General Fund; and appropriating $184,929.55 in the Police Grants Fund. BACKGROUND AND FINDINGS: The Texas Department of Transportation (TxDOT) provides grant funding to cities in Texas for the Selective Traffic Enforcement Project (STEP). The STEP program reimburses cities for overtime activities carried out by local law enforcement agencies that reduce crashes by focusing enforcement efforts on high crash areas. TxDOT is providing the City of Corpus Christi Police Department (CCPD) with a grant in an amount of$184,929.55 to continue the STEP program in FY 2023. The City is matching the grant with $46,247.50 in fringe benefits and fuel from the Police General Fund. Between the grant award and the City case match, the total amount for the STEP program in FY 2023 is $231,177.05. The grant will be used to provide overtime funding to police officers to enforce DWls, speed violations, and distracted driving across the City within varied days of the week and hours of operation. The grant is for a one-year period beginning on October 1, 2022 and ending September 30, 2023. CCPD has received funding through the STEP program for over 20 years. The award for FY 2022 was in the amount of$182,000.00. ALTERNATIVES: The alternative is not to accept the grant and, therefore, not provide additional enforcement for DWI, speed violations, and distracted driving across the city. FISCAL IMPACT: The fiscal impact in FY 2023 is the acceptance and appropriation of grant funds in an amount of $184,929.55 to the Police Grants Fund and a City match in an amount of $46,247.50 in fringe benefits and fuel to be funded from the Police General Fund. Finance Grants will assign the Organization/Activity for Fund 1061 once the grant funds are appropriated. Funding Detail: Fund: 1061 Police Grants Fund Organization/Activity: N/A Mission Element: 155 Enforce Traffic Laws Project # (CIP Only): N/A Account: 510200 Overtime 511000 Fringe Benefits Amount: 510200 = $167,163.75 511000 = $17,765.80 Fund: 1020 Police General Fund Organization/Activity: 11740 Uniform Mission Element: 155 Enforce Traffic Laws Project # (CIP Only): N/A Account: 511000 Retirement 520050 Fuel and Lubricants Amount: 511000 = $23,473.50 520050 = $22,774.00 RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds, as presented. LIST OF SUPPORTING DOCUMENTS: Grant award contract Ordinance authorizing acceptance of grant funds in an amount of $184,929.55 from the Texas Department of Transportation for the 2023 Comprehensive Selective Traffic Enforcement Project to increase traffic enforcement in the City with a City match of$46,247.50 in fringe benefits and fuel expenses with funds available from the FY 2023 General Fund; and appropriating $184,929.55 in the Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1 . The City Manager or designee is authorized to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of $184,929.55 for the 2023 Comprehensive Selective Traffic Enforcement Project (STEP) to increase traffic enforcement in the City, with a city match of$46,247.50 in fringe benefits and fuel expenses with funds available from the FY 2023 General Fund. SECTION 2. That $184,929.55 is appropriated in the No. 1061 Police Grants Fund to increase traffic enforcement in the City. 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 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 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 Guajardo City Secretary Mayor 0'� H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting September 13, 2022 DATE: September 13, 2022 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(a-)-cctexas.com (361) 886-2604 Amending Chapter 57 of the Code of Ordinances to modify auto wrecker ordinance CAPTION: Ordinance amending sections 57-231, "Denial, suspension and revocation of permit—procedure, appeal"; 57-233, "Promulgation of wrecker regulations"; 57-243, "Responding to calls"; and 57-249, "Maximum auto wrecker service and storage fees" of the City Code and providing for severance, publication, and an effective date of October 1, 2022. SUMMARY: The changes are primarily administrative in nature along with an increase in fee structure. The new language added to this section provides a process for the City to enter into a contract with a third-party vendor (using a competitive process) to manage any functions under the wrecker ordinance outside of law enforcement responsibilities and the ability of the City to decide what towing companies to utilize for police-initiated tows. BACKGROUND AND FINDINGS: Entering into a contract with a third-party vendor provides increased oversight for wrecker companies to assure that they are operating as efficiently as possible. Currently, a Corpus Christi Police Department(CCPD) officer is tasked with overseeing the operations of the wrecker companies. A third- party vender will allow this officer to return to the streets and will reduce the overall time that CCPD officers have to wait for a wrecker on the roadway. It also will provide a platform to extract meta data on wrecker operations. Currently, Dallas, Ft. Worth, San Antonio, Austin, Harris County, and Round Rock utilize a tow management company. If the proposed amendment is approved, CCPD will work with the City's Procurement team to create a Request for Proposals. This process is estimated to take between four to six months CCPD and the Legal Department met with the wrecker companies two times in person. In addition, there were numerous emails and communication with the wrecker companies and their attorneys. The Ordinance was last modified in 2017. The proposed changes to the ordinance are listed below: Sec. 57-231. Denial, suspension and revocation of permit—Procedure, appeal - This amendment gives greater discretion to the Police Chief regarding the use of wrecker companies who have demonstrated conduct or a pattern of conduct which calls into question their ability to perform rotation list tows with honesty and integrity. This section also further clarifies the process for the denial and appeal of a permit revocation or denial. Sec. 57-233. – Promulgation of regulations - This section is renamed "Administration" for a more apt caption. The new language added to this section allows the City to enter into a contract with a third-party vendor (using the contracts & procurement process) to manage any functions under the wrecker ordinance outside of law enforcement responsibilities and the ability of the City to decide what towing companies to utilize for police-initiated tows. Sec. 57-243 – Responding to calls - This section is modified to allow up to 60 minutes for Category B wreckers as they require additional preparation and staging time. Sec. 57-249–Maximum auto wrecker service and storage fees -This section increases the fees allowed to be charged by wrecker companies: • Cat. A Tows: +$30 for Rotation List Tow and +$10 for Private Property Impounds • Increases unusual distance fees +$25 • Increases the fee for tows requiring a wrecker to leave City limits by $25 • Creates separate categories and prices for Medium Duty and Heavy-Duty Category B tows • Modifies the current specialized equipment charge to be allowed only at industry standard rates for equipment that is owned and with a 25% upcharge in cases where the equipment is leased or rented by a third-party company wholly separate from responding wrecker company • Adds an additional rate for"Rotators" and sets limitations for its use and application • Storage fees are modified to refer to state law which are adjusted every two years in relation to the Consumer Price Index (CPI) • Adds an additional rate for the pass-through cost of utilizing a Third-Party Tow Management Company PROCUREMENT DETAIL: Not applicable. ALTERNATIVES: The alternative is not to change the Ordinance which will result in the City's inability to update the fees based off the CPI and proper categorization of wreckers which will cause a loss in additional fee revenue. This will prevent the FY 2023 Policy Budget from having an additional $200,000.00 from revenues derived from the increase in fees. FISCAL IMPACT: The increase in fees is estimated to be $200,000.00 which will be recouped from the owner of the vehicle upon pick up at the impound lot or from the sale of the vehicle if unclaimed. Additionally, there is a$200,000 increase in expenditures to pay the wrecker companies upon invoice. The FY 2023 Police Budget has been modified to reflect an increase in revenue of $200,000.00 and an increase in expenditures of$200,000.00. FUNDING DETAIL: Fund: 1020 Organization/Activity: 11770 Mission Element: 151 Project # (CIP Only): N/A Account: 530000 Amount: $200,000.00 RECOMMENDATION: Staff recommends approval of this amendment to the ordinance, as presented. LIST OF SUPPORTING DOCUMENTS: Wrecker Ordinance Ordinance amending sections 57-231, "Denial, suspension and revocation of permit—procedure, appeal"; 57-233, "Promulgation of wrecker regulations"; 57-243, "Responding to calls"; and 57-249, "Maximum auto wrecker service and storage fees" of the City Code and providing for severance, publication, and an effective date. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. Section 57-231 of the Corpus Christi City Code is hereby amended by adding language that is underlined (added) and deleting the language that is stricken (deleted) to the existing text as set forth below: Sec. 57-231. Denial, suspension and revocation of permit—Procedure, appeal. (a) The chief of police may deny an application, suspend, or revoke a permit if the applicant, owner or wrecker company has: (1) A criminal conviction, or has pleaded guilty or nolo contendere to an offense, before the date of the application, for a felony or a misdemeanor punishable by confinement in jail or by a fine in an amount that exceeds five h„n,1ro,1 ,hr.iiAPg {$500.00}; (2) Violated any provisions of V.T��Texas Occupations Code G4-.Chapter 2308, rules or regulations promulgated by the Texas Department of Licensing and Regulation, any provisions of the city ordinance, or rules or regulations promulgated by the chief of police including an order for sanctions or administrative penalties; (3) Knowingly submitted false or incomplete information on the application, or the applicant failed in any material way to comply with this article; (4) The annrran+ nr GWRAr hAS hadHad a permit revoked under this chapter; or (5) The appliGaRt GF GWReF 06 deliR9 ion+A delinquency on outstanding fines or fees due to the Texas Department of Licensing and Regulation or the city. (6) Demonstrated a pattern of violations of this article or regulations promulgated by the Texas Department of Licensing and Regulation within the last 2 years. (7) Demonstrated conduct which would violate the trust of the citizens at large of the City within the last year. (b) Notwithstanding any penal provisions contained in this Code, the chief of police shall be authorized to deny, revoke or suspend any auto wrecker or rotation list permit for a violation of the state law, city ordinance or any other rules or regulations governing the operation of an auto wrecker, if committed by an auto wrecker owner, his agents or employees. Such denial, suspension or revocation shall be made in accordance with the following procedures: (1) Upon complaint by any person or the chief of police or motion against any owner, agent or employee of a wrecker company for violating any provision of the city ordinance, the chief of police and Texas Department of Licensing and Regulation rules or regulations governing auto wrecker, or state law, the chief of police er hic+ G196irrr,^^, after giving te-R-{104 days' notice of the grounds of such complaint to the wrecker company shall hold a hearing. The notice shall contain the specific ordinance or state law violations alleged. After proper notice is given and the owner fails to appear for the hearing, the chief of police or his designee may proceed with the hearing by taking testimony or evidence from any person or witnesses who are present. For good cause and at the chief of police's Ar his designee'G sole discretion, a hearing may be rescheduled one {� time at the owner's request provided that the chief of police ^r hic de.si^r,00 receive the written reschedule request at least two Q-}working days before said hearing. At the conclusion of said hearing, the chief of police nr hic GIGSi^r,00 may issue: a. A warning to the owner; b. Deny the permit; or c. Permanently revoke or suspend the permit. Previous warnings or suspensions within the preceding two years may be considered by the chief of police ^r hic deGi^r,^r in making the decision. (2) If the chief of police ^r his desi^r,00 suspends the permit, the suspension shall not be more than sixty 601 days. The r.hi^f'c ^^+ir,n Sh.;n he (3) All suspensions and revocations shall apply to the wrecker company and its permitted affiliates. (4) If the chief of police ^r his desi^r,oo revokes a permit permanently, suspends, or m ie dedens a permit, he shall notify the owner in writing. The notice shall be deemed sufficient if deposited in the United States mail addressed to the owner's business address as contained in the original or renewal application for a permit, and by electronic mail or facsimile. The owner shall have the right to appeal the chief of police's decision to revoke a permit, suspend a permit, or deny a permit application, within 10 days from the date of the notice of revocation, suspension or denial, by sending a letter addressed to the city manager stating that an appeal from the chief of police's decision is desired. If an appeal is perfected, the chief of police's decision shall be suspended pending a hearing by the city manager or his designee. If no valid permit exists at the time of the hearing, the owner's business shall remain unpermitted. The city manager or his designee shall promptly, within {homy (304 days, hear such appeal and shall either sustain, modify, or revoke the chief of police's decision. If Re appeal is taken er if i+ is iintim^hi filed GF if the ^ity iigaRag^r r)r hic rdeSirvn^^ rJr4^c; Ae:A hear the inn^�I 0 vVithiR thirby (39) days frt9mTTt_QGi ling the n^+iGeef appeal, the Grhi f ^��^�'S 0 rd^^icssi ir9n Ssha.11 h^ final anrJ the P^rmit icy rd^ni^rJo �ir^ ^L^rd, GF 6616peR d^rJ When a permit revocation is upheld, the owner shall remove, within five{5-)working days, the city permit number from the sides of all wreckers previously permitted and the annual permit decal from the windshields. SECTION 2. Section 57-233 of the Corpus Christi City Code is hereby amended by adding language that is underlined (added) and deleting the language that is stricken (deleted) to the existing text as set forth below: Sec. 57-233. — PFemulgati9R ref Fegul. 4a4sAdministration. The police chief shall administer and enforce this article. The city may enter into a contract to delegate authority to administer all or part of this article to a third-party vendor, other than: 1) any law enforcement authority related to Sec. 57-221 ; or 2)the right to choose which towing companies will perform towing services for police- initiated tows. Selection of a vendor shall be done in accordance with the laws of the State of Texas. If the city enters into such a contract, the contract shall specify the authority and responsibilities of the third-party vendor or towing companies. Any responsibilities outlined in this article that are not delegated to the third-party vendor or the towing companies through the contract are retained by the police chief The chief of police is authorized to issue rules and regulations relating to the operation of auto wreckers consistent with the provisions of this article and designed to effectuate the general purpose of this article. Violation of any provisions of the chief of police rules and regulations may result in denial, suspension, or revocation of the auto wrecker permit and/or denial or removal from rotation list. The appeal process described in section 57- 231 will apply to alleged violations of any such provisions. SECTION 3. Section 57-243 of the Corpus Christi City Code is hereby amended by adding language that is underlined (added) and deleting the language that is stricken (deleted) to the existing text as set forth below: Sec. 57-243. - Responding to calls. (a) Each owner or wrecker company on the rotation list shall have sufficient personnel, equipment, and auto wreckers to respond to all tow assignments given by the police dispatcher. Response time shall not exceed th�304 minutes for Category A Wreckers and 60 minutes for Category B wreckers after the police dispatcher's notification of the assignment. (b) The owner, his agent or employee shall not refuse an assignment except for safety reasons or if all owner's auto wreckers are already performing other police tow work. If the owner, his agent or employee refuses an assignment, he must notify the police dispatcher of the reason. Documentation may be required if the reason is auto wrecker equipment failure or prior tow work. (c) If an owner or wrecker company fails to respond or refuses an assignment, the police chief may revoke or suspend the wrecker company or owner's auto wrecker rotation list permit. (d) A revocation or suspension may be appealed in the manner set out in section 57- 231 . SECTION 4. Section 57-249 of the Corpus Christi City Code is hereby amended by adding language that is underlined ( ) and deleting the language that is stricken (deleted) to the existing text as set forth below: Sec. 57-249. Maximum auto wrecker service and storage fees. The following towing fees shall be paid by the person reclaiming the towed vehicle: (1) Fees associated with police-initiated nonconsent rotation list or incident management tows will be paid to the city at the city vehicle impound lot. (2) All other fees will be paid to the auto wrecker company according to that company's policy. (3) If a vehicle owner or operator pays a drop fee and the police officer at the scene authorizes the release of a vehicle after an auto wrecker has arrived at the scene and started physically attaching the vehicle to the auto wrecker but before the vehicle has been towed from the location, then the auto wrecker owner or driver shall release the vehicle. (4) Maximum towing, storage and administrative fees. a. CategoryA auto wrecker(Vehicle Weight of 10,OOOlbs or less)- 1 . ess):1 . Normal rotation list nonconsent tow of tri inli a.A 91 tPaim IDP .moo Gno (1) i inif... $180.00 2. Private property impound...$145.99$155.00 3. Drop fee...$50.00 4. Four wheel drive tow truck utility fee...$75.00 (remote beach/off-road tows only) 5. Additional allowable labor charge for unusual circumstances such as yA.A+hi.Ag f^r removal from a ditch or water, or righting an overturned vehicle ^r fr4 OIrY111.AF 11A1 ioi i�l nirni imof. IAGeS (.SII i,RGI 16iVe) $39.99$50.00 6. Total maximum towing fee including the use of dollies and additional labor, but excluding additional time at the scene and unusual distance: (i) Rotation list tow...$255.99$305.00 (ii) Private property impound tow...$145.99$1,1 7. Additional fee for each half-hour or portion thereof at the scene in excess of one-half hour not caused by delay on the part of the permit holder, per thi�30) minutes...$25.99$50.00 8. Unusual distance charge: (i) Additional fee for a tow originating from US 77/IH 37 and from the area within city limits west of US 77/IH 37... (ii) Additional fee for a tow originating from the area within city limits east of the JFK Causeway Bridge to Port Aransas city limits...$25.99$50.00 (iii) Additional lae for a tow originating from the area within the city limits north of Burleson St. to Portland city limits...$50.00 (iv) Additional fee for a tow originating from outside city limits...$50.00 9. Cleanup only, no tow required...$60.00 (debris only, not including hazardous material clean ups) b. Category 8 auto wreckers.- 1 . reckers:1 . Normal rotation list nonconsent tow (includes double hookup and towing of tractor and trailer as one (1) unit, removal of shaft or axle, application of air to brake system, and/or caging brakes, to prepare for tow)... 475.99 (i) Medium Duty Tow - Vehicles weighing from 10,001 lbs. to 24,999 lbs...$475.00 (ii) Heavy Duty Tow - Vehicles weighing 25,000 lbs, or more...$400 per hour with a two-hour minimum. After the first two hours, an additional hourly charge will be applied every 114 hr. at a rate of $100 per 1/4 hr. 2. Additional fee allowed in subsection (4)b.1. above, for unusual circumstances not utilizing a rotator such as i„^',,deS rig-'init ..I �g fewremoval from ditch or water, or righting an overturned vehicle., HP, Gr fr4 c+imil-Ar i ini ES-W-AI nirni 1mstaRGoc pee he it $359.99$450.00 3. Private property impound (include double hookup and towing of tractor and trailer as one (1) unit, removal of shaft or axle, application of air to brake system, and additional labor such as cleanup, winching for removal from ditch or water, righting an overturned vehicle, pulling an axle or for similar unusual circumstances) ...$520.00 4. Additional costs for specialized equipment owned by the towing company or one of its other entities, such as: a crane, backhoe, forklift, or air bag recovery system, may charge actual cost (within industry standard); if the towing company is leasing or renting equipment, a maximum of twenty- five (25) per cent up charge may be added. 5. Rotators will be set at a rate of 850.00 per hour, with a two-hour minimum charge. Once the third hour begins, an additional hourly charge will be applied every 1/4 hr. at a rate of $212.50 per 1/4 hr. Should the rotator be utilized as a conventional Category B Heavy wrecker, the tow will be charged within the guidelines of section 57-249(4)(b)(1) & (2). c. Daily storage fees. The maximum amount authorized pursuant to Texas Administrative Code Sec. 85.722, with the exception of recovered stolen vehicles, which shall accrue at a rate of $5.00) Qfnrnnn for all or part of the first tWeRty fn„r /244 hours, and for each subsequent twenty-four-hour period or part thereof: --nese a ed-sfeaenYeh iGles...$5-98 7. Vohinlocnnt��e�t#� toAty„fide (25) feet...$29 n�n 2 �hcrrraTcaI9rrge F t h a R tW e R t�(25) feet... d. Impoundment fee: Impoundment fee for any action that is taken by or at the direction of the owner or operator of the facility and is necessary to preserve, protect, or service a vehicle stored or parked at the facility be assessed in accordance with Texas Administrative Code Sec. 85.722. ..�4 e. Notification fees for: Vehicle registration research, certified letters, newspaper advertisements and preparation necessary to inform the last registered owner and lien holder(s). Can be charged only if actually performed...$50.00 f. Administrative fee: per vehicle recovered by owner from city vehicle impound lot (only payable to city)...$20.00 g. Third Party Tow Management Fee: Administrative cost per vehicle recovered by owner at vehicle storage facility...contract price per agreement approved by City Council. (54404#9 n A VAWAlo .�nrl fr']IIDr .pro hAth tAWAd by rano (1) a ite wFeGke n)nly err c�Pe�crerrre�--erre-pvcrrewP cv�vre�re GRe (I tG iinn�mhall be paid-tomthe e einer. If vehinl dtr�;;TTer �;;Pe �eo-rL�Fge er heavy f vied by a GiRgle WFe or aAA ar fc-vTte{�-rTeav�t r t$�v arc cr,-rn-ry eP vnirorkor may be i icor) ;nrl ;n foo nhaFged _h WrhAncn-rmA R9+hAn nno /1\ YehiGle is t p orl by nno /1\ .moi if F cF e.g., FnGtGFGYGIe yr n�S ofyeh� nnlY nno (1) niinn foo shall be pair) tG niva9Rrcr LQ(4} Invoices. a. Each customer invoice shall include the owner's company name, business address and phone number, permit number, name of the auto wrecker who performed the specific assignment being invoiced, date and time of assignment, date and time assignment completed (i.e., delivery of the vehicle), hours when vehicles can be reclaimed, and an itemized statement of charges. A fee schedule listing the maximum towing, storage, etc., fees shall be attached to each tow invoice. b. The city shall provide each owner with the basic fee schedule copies to attach to the consent tow customer invoices. Failure to attach the fee schedule shall be grounds for revocation or suspension of owner's permit, unless the vehicle owner or agent consents to the omission. c. Only service provided by an auto wrecker permitted under an auto wrecker or rotation list permit number shall be invoiced to that permit; service provided under any other permit number other than the permit number under which it is billed is in violation of this article and shall be grounds for revocation of the permit. d. Owner shall invoice the police department for nonconsent (impound) or incident management tows, which shall include an itemized statement of charges and an explanation of all charges above the normal towing only fee. e. The chief of police will review each invoice and either approve, reject or modify charges for services rendered. LLq4 An auto wrecker company and owner shall charge no fees for servicing a police initiated nonconsent or incident management tow in excess of the fees authorized under city ordinance for vehicles towed. Further, the auto wrecker owner shall not obligate the vehicle owner in a nonconsent or incident management tow to pay any fees in excess of those authorized for a vehicle delivered to a state licensed vehicle storage facility without the consent of the vehicle owner. The chief of police may require the auto wrecker owner or wrecker company to reimburse the vehicle owner or operator for any overcharges or unauthorized charges. Any overcharges or unauthorized charges shall be reimbursed to vehicle owner within five business days, and the chief of police may suspend the auto wrecker company permit if it fails to comply. SECTION 5. 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 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall go into effect October 1 , 2022. 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 SC 00 � NOflPO Rpg9 1852 AGENDA MEMORANDUM First Reading City Council Meeting September 6, 2022 Second Reading City Council Meeting September 13, 2022 DATE: August 16, 2022 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA, CGFO, Director of Finance and Procurement HeatherH3@cctexas.com (361) 826-3227 Ordinance to Amend the Type B Corporation Budget CAPTION: Ordinance appropriating $6,135 from the unreserved fund balance of the Type B Economic Development Fund for board members to attend the Texas Municipal League (TML) annual conference and amending the FY2022 operating budget adopted by Ordinance 032539 by increasing expenditures by $6,135. SUMMARY: The purpose of this item is to approve an amendment to the Type B Corporation FY 2022 budget to appropriate $6,135 in funding from fund balance for the Type B Board members to attend the TML annual conference on October 5-7 in San Antonio. BACKGROUND AND FINDINGS: The TML annual conference provides the opportunity for community leaders and city professionals from all over the state to sharpen their skills, analyze current issues and trends, network with colleagues, and strategize with the experts and influencers. Since the creation of the Type B Corporation in 2018, no funds have been used to fund board members attending the TML conferences or any other type of training. Type A funds have been used for board members to attend the Texas Economic Development Council conference where they receive training specific to sales taxes for board members. Estimated cost of attendance is as follows: Estimated Conference Costs Date October 5-7, 2022 Estimated Cost per Attendee Hotel-three nights $1,000 Per Diem-three days $250 Travel-mileage $200 Registration $595 Estimated Cost for Per Attendee $2,045 Three (3) Planned Attendees X3 Total for all Planned Attendees $6,135 This item is not in the approved budget and requires City Council approval. The allocation of the funds for training was approved by the Type B board at their August 15, 2022 meeting. ALTERNATIVES: The City Council could choose not to approve the budget amendment to the Type B Corporation FY 2022 budget and appropriate the funds. FISCAL IMPACT: The cost of attendance is estimated at an amount not to exceed $2,045 per attendee. The total estimated cost is $6,135 for three board members to attend the conference. FUNDING DETAIL: Fund: 1146— Economic Development Organization/Activity: 15030 —Administration Mission Element: 717 Project # (CIP Only): n/a Account: 530350—Training RECOMMENDATION: Staff does not recommend the appropriation of funds for the Type B board members to attend the TML Conference. Type A funds have been used for board members to attend the Texas Economic Development Council conference where they receive training specific to sales taxes for board members, but neither Type A funds or Type B funds have never been used for this purpose. Ordinance appropriating $6,135 from the unreserved fund balance of the Type B Economic Development Fund for board members to attend the Texas Municipal League (TML) annual conference and amending the FY2022 operating budget adopted by Ordinance 032539 by increasing expenditures by $6,135. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. Funds in the amount of $6,135.00 are appropriated from the Type B Fund No. 1146 for the payment of expenditures related to sending Corpus Christi B Corporation board members to the Texas Municipal League annual conference. Section 2. The FY2021-22 Operating Budget adopted by Ordinance No. 032539 is amended to increase expenditures by $6,135.00. 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 Page 1 of 2 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 Page 2 of 2 so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 First Reading Ordinance for the City Council Meeting 09/13/22 1852 Second Reading Ordinance for the City Council Meeting 09/20/22 DATE: September 13, 2022 TO: Peter Zanoni, City Manager FROM: Steve Viera, Interim Director of Public Health SteveVCa)-cctexas.com 361-826-3445 Texas Beach Watch Grant CAPTION: Ordinance ratifying a grant contract with the Texas General Land Office (GLO) in the amount of $127,000 to collect and analyze recreational beach water samples for the period of September 1, 2022, through August 31, 2023, appropriating $127,000, amending the operating budget, and funding one grant position. SUMMARY: The Corpus Christi — Nueces County Public Health District (CCNCPHD) is in receipt of Contract No. 21-043-001, work order No. D687 with the GLO to provide financial assistance for expenses to support collection in the amount of$127,000.00. The CCNCPHD in conjunction with the Texas Beach Watch (TBW) performs collections and analysis of water samples from designated sampling stations and reporting results to the public water quality advisories. BACKGROUND AND FINDINGS: The GLO has awarded a contract amendment to CCNCPHD to collect and analyze recreational beach water samples to provide water health safety for biological material. This contract is effective as of September 1, 2022, through August 31, 2025. Every year the GLO awards the Texas Beach Watch Program with financial support which provides for salary, benefits, and expenses. The TBW collects specimens throughout designated sampling stations in Aransas, Nueces, and San Patricio Counties and monitors waterways. The program monitors these recreational beaches and when Enterococcus bacteria levels in the water exceed the acceptable standards established by the U.S. Environmental Protection Agency (EPA), the GLO works with local governments to issue advisories warning the public not to swim in affected waters. Water samples are collected and tested throughout the year. During the peak beach season, which runs from May through September, water samples are collected weekly. During the rest of the year samples are collected every two weeks. The one exception occurs in March when weekly sampling is conducted at Gulf of Mexico beaches to coincide with spring break. The water quality information on the Texas Beach Watch site is updated each time sample results are entered into the database. Local governments post advisory signs provided by the GLO at beach access points where the water quality exceeds acceptable bacterial levels. Once collected base water samples are submitted and analyzed, a repeat sample may be required. Reimbursement for each base sample submitted is $55.00 and $70.00 for each repeat sample required. Texas Beach Watch is a program funded by the EPA and the GLO, which administers the program. ALTERNATIVES: To deny the Texas Beach Watch Grant; however, this would not be the preferred alternative as this service provides an essential real time report on recreational beach water samples for the community who utilizes these resources. FISCAL IMPACT: The grant contract with the GLO appropriates up to $127,000 to collect and analyze recreational beach water samples for the period of September 1, 2022, through August 31, 2023, amending the operating budget, and funding one grant position. All services conducted such as collection, testing and reporting are 100% compensated by the awarded contract. FUNDING DETAIL: Fund: 1066 Organization/Activity: 831830F Mission Element: 103 Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance GLO Contract No. 21-043-001 Presentation COF Ordinance ratifying a grant contract with the Texas General Land Office (GLO) in the amount of$127,000 to collect and analyze recreational beach water samples for the period of September 1, 2022, through August 31, 2023, appropriating $127,000, amending the operating budget, and funding one grant position. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council ratifies grant contract, Work Order No. D687(per GLO Contract No. 21-043-001 ) with the Texas General Land Office (GLO) in the amount of $127,000 to collect and analyze recreational beach water samples for the period of September 1, 2022, through August 31, 2023. SECTION 2. Funds in the amount of $127,000.00 are appropriated from the grant to the Health Grants Fund No. 1066 to collect and analyze recreational beach water samples and funding one grant position. SECTION 3. The FY2021-22 Operating Budget adopted by Ordinance No. 032539 is amended to increase revenues and expenditures by $127,000.00. SECTION 4. The City Manager or designee is authorized to execute any future amendments to the Contract which extend the contract period or increase or decrease the amount of the grant. 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 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 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 Guajardo City Secretary Mayor DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 M C W NATE Ov Sti INTERGOVERNMENTAL CONTRACT WORK ORDER DRIVEN GLO Contract No. 21-043-001 THE GENERAL LAND OFFICE ("the GLO") and CORPUS CHRISTI — NUECES COUNTY PUBLIC HEALTH DISTRICT ("Provider"), each a "Party" and collectively "the Parties," enter into the following contract for services (the "Contract") pursuant to the provisions of Chapter 771 or 791 of the Texas Government Code,as applicable.This contract is funded through the U.S.Environmental Protection Agency under the Beaches Environmental Assessment and Coastal Health Act of 2000 (BEACH Act,PL 106-284). L DEFINITIONS/INTERPRETIVE PROVISIONS/PROJECT DESCRIPTION 1.01 DEFINITIONS "Administrative and Audit Regulations" means all applicable statutes, regulations, and other laws governing administration or audit of this Contract, which may include Title 2, Part 200, Code of Federal Regulations and Chapters 321, 771, and 791 of the Texas Government Code. "Attachment" means documents, terms, conditions, or additional information physically attached to this Contract following the execution page or incorporated by reference within the body of this Contract. "Contract" means this entire document, along with any Attachments. "Deliverable" means a unit or increment of work to include, any item, report, data, document,photograph, or other submission required to be delivered under the terms of this Contract, in whatever form. "Fiscal Year" means the period beginning September 1 and ending August 31 each year, which is the annual accounting period for the State of Texas. "Federal Assurances and Certifications" means Standard Form 424B (Rev. 7-97) (non- construction projects)or Standard Form 424D(Rev. 7-97)(construction projects),and U.S. Department of Commerce Form CD-512 (12-04), "Certifications Regarding Lobbying — Lower Tier Covered Transactions," attached hereto as Attachment A and incorporated herein for all purposes. "GAAP" means "generally accepted accounting principles." "GASB" means the Governmental Accounting Standards Board. GLO Contract No.21-043-001 Page 1 of 12 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 "General Affirmations" means the statements in Attachment B, attached hereto and incorporated herein for all purposes, which Provider affirms by executing this Contract. "Intellectual Property" means patents, rights to apply for patents,trademarks,trade names, service marks, domain names, copyrights, schematics, industrial models, inventions, know-how, trade secrets, computer software programs, other intangible proprietary information, and all federal, state, or international registrations or applications for any of the foregoing. "Performing Agency" (or Provider) means the State agency or local governmental entity performing the services described herein. "Project" means the services described in SECTION 1.03 of this Contract. "Provider Project Manager" means the individual designated by Provider as Provider's primary contact person with specific authority and responsibility to supervise and direct Provider's duties and responsibilities, on Provider's behalf, pursuant to this Contract, and who shall have decision-making authority with respect to the Project. "Public Information Act" means Chapter 552 of the Texas Government Code. "Quality Assurance Project Plan (QAPP)" means the EPA-approved document describing in comprehensive detail the technical activities to be implemented to ensure the results of work performed will satisfy the stated performance criteria. "Receiving Agency" (or the GLO) means the State agency or local governmental entity receiving the benefits of the services described herein. "Subcontractor" means an individual or business that contracts with Provider to perform part or all of the obligations of Provider under this Contract. "Travel Regulations" means all applicable statutes, regulations, laws, and Comptroller guidance related to reimbursement for Provider's travel expenses, including: Title 34, Section 5.22, of the Texas Administrative Code; Chapter 660 of the Texas Government Code; the General Appropriations Act; and Textravel, the Comptroller's travel regulation guidance available on the Comptroller's website. "Work" means services to be performed or goods to be delivered, and any appurtenant actions performed and items produced, conceived, or developed, including but not limited to Deliverables, in the performance of the Project. "Work Order" means an individually negotiated document authorizing Work under this Contract, if any. 1.02 INTERPRETIVE PROVISIONS a) The meanings of defined terms apply to the singular and plural forms of the defined terms; b) The words"hereof," "herein," "hereunder," and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, work order, or schedule of this Contract unless otherwise specified; C) The term "including" means "including, without limitation." GLO Contract No.21-043-001 Page 2 of 12 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 d) Unless otherwise expressly provided, references to contracts include subsequent amendments and other modifications thereto, to the extent such amendments and modifications are not prohibited by the terms of this Contract, and a reference to a statute or regulation includes statutory or regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation; e) The captions and headings of this Contract are for convenience of reference only and shall not affect the interpretation of this Contract; f) All Attachments to this Contract, including those incorporated by reference, and any amendments are considered part of the terms of this Contract; g) This Contract may use several limitations, regulations, or policies to regulate the same or similar matters and each such limitation, regulation, and policy is cumulative and shall be performed in accordance with its terms; h) Unless otherwise expressly provided, reference to any action of or by the GLO by way of consent, approval, or waiver is deemed modified by the phrase "in its/their sole discretion," however, the GLO shall not unreasonably withhold or delay any approval, consent, or waiver required or requested of it; i) Time is of the essence in this Contract; j) If this Contract,its Attachments, or any Work Order(s) conflict, such conflicts shall be resolved in the following order of precedence: first, the Contract; then attachments to the Contract in this order: Attachment A,Attachment B,Attachment C;then Work Orders,with conflicts between Work Orders being resolved by giving precedence to the Work Order with the earliest effective date. 1.03 PROJECT Provider shall, in accordance with the Beach Watch Contract Work Plan attached hereto as Attachment C and as directed in Work Order(s) issued under this Contract, perform, or cause to be performed: collection and analysis of water samples from designated sampling stations in Aransas, Nueces, and San Patricio Counties, Texas; all procedures required by, and in accordance with, the QAPP, incorporated herein by reference in its entirety for all purposes, as if physically attached; and notification of the public of water quality advisories (the "Project"). Provider shall perform the Project in accordance with this Contract and all Attachments and any Work Order(s) issued under this Contract. Provider shall perform Project tasks in accordance with this Contract and the details in any Work Order(s) issued under this Contract. 1.04 WORK ORDERS a) Multiple Work Orders may be issued during the term of this Contract, all of which shall be in writing and signed by the parties. Each Work Order may include a scope of services; a list of tasks; a schedule for completion of work; a list of any Deliverables and their due dates; a budget; and other information or special conditions necessary to describe the Work. Each Work Order shall become an Attachment hereto upon final execution, with this Contract and all Attachments thereafter being referred to collectively as the "Contract." GLO Contract No.21-043-001 Page 3 of 12 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 b) Nothing in this Contract expresses or guarantees that the GLO will issue Work Orders to Provider for any of the tasks set forth in SECTION 1.03 above. All Work under this Contract will be required on an irregular and as-needed basis throughout the Contract term. The GLO makes no guarantee of volume or usage under this Contract. 1.05 REPORTING AND DOCUMENTATION REQUIREMENTS Provider shall submit reports and documentation in accordance with each Work Order and the QAPP. 11.TERM 2.01 DURATION This Contract shall be effective as of the earlier of September 1, 2020 or the date of last signature and shall terminate on August 31, 2025. The Parties may extend the term of this Contract by mutual written agreement. 2.02 EARLY TERMINATION FOR CONVENIENCE The GLO may terminate this Contract by giving written notice specifying a termination date at least thirty (30) days after the date of the notice. Upon receipt of any such notice, Provider shall cease work, terminate any relevant subcontracts, and incur no further expense related to this Contract. Such termination shall be subject to the equitable settlement of the respective interests of the Parties, accrued up to the date of termination. 2.03 TERMINATION FOR CAUSE If Provider abandons work, defaults on the Contract, or breaches a material term of the Contract and fails to cure such abandonment, default, or breach within 30 days after receiving written notice of same from the GLO, the GLO may terminate the Contract without further notice. Such termination shall be subject to the equitable settlement of the respective interests of the Parties, accrued up to the date of termination. 111.CONSIDERATION 3.01 CONTRACT LIMIT,FEES,AND EXPENSES The GLO will compensate Provider,per Work Order, in accordance with the budget in each Work Order. 3.02 TRAVEL The GLO will not reimburse Provider for travel expenses of any kind without prior written GLO approval. The GLO will only reimburse travel expenses directly attributable to Provider's performance of this Contract at the rates established or adopted by the Comptroller of the State of Texas, as outlined in the Travel Regulations. Subject to the maximum Contract amount authorized herein and upon specific, prior, written approval by the GLO, lodging, travel, and other incidental direct expenses may be reimbursed under this Contract for professional or technical personnel who are working away from the cities in which they are permanently assigned and conducting business specifically authorized in the scope of services in the Work Order. GLO Contract No.21-043-001 Page 4 of 12 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 The limits for reimbursements are the rates established or adopted by the Comptroller, as outlined in the Travel Regulations. Provider understands and acknowledges that any travel-expense reimbursement by the GLO is not a per diem. The GLO will only reimburse actual, allowable expenses in accordance with the Travel Regulations. Provider must submit itemized receipts to support any request for travel-expense reimbursement. 3.02 INVOICES Invoices must: (a) be submitted to vendorinvoices@glo.texas.gov with a copy to lucy.flores@glo.texas.gov (b) be supported by documentation that, in the judgment of the GLO, allows for full substantiation of the costs incurred; and (c) prominently display 21-043-001 and the related GLO Work Order number. The GLO will reimburse Provider in accordance with Texas Government Code Chapter 771 or 791, as applicable. Provider may invoice not more often than monthly. If Provider does not submit invoices in strict accordance with the instructions in this section,payment of invoices may be significantly delayed. The GLO shall not pay interest, fees, or other penalties for late payments resulting from Provider's failure to submit invoices in strict accordance with the instructions in this section. IV.REPRESENTATION OF AUTHORITY,AFFIRMATIONS,AND ASSURANCES 4.01 REPRESENTATION OF AUTHORITY Provider, warrants that: (1)it has authority to perform the services described herein and in any Work Order issued hereunder under authority granted in Texas Government Code Chapter 771 or 791, as applicable; and(2)the representative executing this Contract on its behalf is authorized by its governing body to do so. The GLO warrants that: (1) it has the authority to contract for the services under authority granted in Texas Government Code Chapter 771 or 791, as applicable; and(2)the representative executing this Contract on its behalf is authorized to do so. 4.02 GENERAL AFFIRMATIONS To the extent they apply, Provider certifies it has reviewed the General Affirmations in Attachment B,and that Provider is in compliance with all the requirements contained therein. 4.03 FEDERAL ASSURANCES AND CERTIFICATIONS To the extent they apply, Provider certifies it has reviewed the Federal Assurances and Certifications in Attachment A, and that Provider is in compliance with all the requirements contained therein. Provider certifies it is in compliance with all other applicable federal laws,rules,and regulations,pertaining to this Contract. GLO Contract No.21-043-001 Page 5 of 12 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 V. STATE AND FEDERAL FUNDING 5.01 STATE FUNDING a) This Contract shall not be construed as creating any debt on behalf of the State of Texas and/or the GLO in violation of Article III, Section 49,of the Texas Constitution. In compliance with Article VIII, Section 6 of the Texas Constitution, it is understood that all obligations of the GLO hereunder are subject to the availability of state funds. If such funds are not appropriated or become unavailable, this Contract may be terminated. In that event, the Parties shall be discharged from further obligations, subject to the equitable settlement of their respective interests, accrued up to the date of termination. b) Furthermore, any claim by Provider for damages under this Contract may not exceed the amount of funds appropriated for payment, but not yet paid to Provider, under the annual budget in effect at the time of the breach. Nothing in this Contract shall be construed as a waiver of sovereign immunity. 5.02 FEDERAL FUNDING This Contract will be paid for with Federal funds and will be managed by the GLO in accordance with federal and state law. This contract is not a sub-recipient agreement but a subcontract. The Provider is providing a service within normal business operations; is not responsible for programmatic decision-making but is providing a service ancillary to the operation by the GLO of the Beach Watch program; and is not subject to compliance requirements of the Federal program beyond the scope of the service they are providing under this Contract. 5.03 MINORITY AND WOMEN'S BUSINESSES Provider, and any potential subcontractors, shall take affirmative steps to assure that minority and women's businesses are utilized when possible as sources of supplies, equipment, construction, and services, as detailed in the federal requirements relating to minority and women's business enterprises: Executive Order 11625 of October 13, 1971, 36 Fed. Reg. 19967, as amended by Executive Order No. 12007 of August 22, 1977, 42 Fed. Reg. 42839; Executive Order No. 12432 of July 14, 1983, 48 Fed. Reg., 32551; and Executive Order No. 12138 of May 18, 1979, 44 Fed. Reg. 29637. 5.04 RECAPTURE OF FUNDS The discretionary right of the GLO to terminate for convenience under SECTION 2.02 notwithstanding,the GLO may terminate the Contract and recapture and be reimbursed by Provider for any payments the GLO makes that: (i) exceed maximum allowable rates; (ii) are not allowed under applicable laws, rules, or regulations; or (iii) are otherwise inconsistent with this Contract, including any unapproved expenditures. 5.05 OVERPAYMENT Provider shall be liable to the GLO for any costs disallowed pursuant to financial and compliance audit(s) of funds Provider received under this Contract. Provider shall reimburse such disallowed costs from funds which other than those Provider under this Contract. GLO Contract No.21-043-001 Page 6 of 12 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 VI.OWNERSHIP,INTELLECTUAL PROPERTY AND THIRD-PARTY RELIANCE 6.01 OWNERSHIP The GLO and Provider shall jointly own, without limitation, all right, title, and interest in all reports, drafts of reports, data, drawings, computer programs and codes, and/or any other information or materials acquired or developed under this Contract with each party having an unlimited right to access and use, and authorize or license third parties to access and use, all such information and materials without the necessity of obtaining authorization from the other party and without expense, charge, or accounting to the other party. 6.02 INTELLECTUAL PROPERTY a) The GLO and Provider shall retain, both during and after the term of this Contract, exclusive ownership of all rights, title, and interest in and to, their respective pre- existing Intellectual Property as of the effective date of this Contract, and the parties agree and acknowledge that this Contract will not be interpreted or deemed as causing the parties to become joint owners of any such pre-existing Intellectual Property. b) The Parties to this Contract expressly agree that the GLO, the State of Texas, and the U.S. Government each has the right to use,reproduce,publish,publicly display, distribute and create derivative or new works and otherwise use, exploit, or authorize others to use or exploit for government purposes any and all reports, drafts of reports, data, drawings, computer programs, codes and any other work associated with this Contract, and exercise any intellectual property rights, without obtaining authorization from the other party and without expense, charge, or accounting to the other party. C) The Provider may obtain intellectual property rights for any work that is subject to intellectual property rights and was developed, or for which ownership was purchased, under this Contract, only if the GLO, the State of Texas, and the U.S. Government are granted a worldwide, royalty free, non-exclusive, fully paid-up, and irrevocable license to reproduce,publish,publicly display, distribute and create derivative or new works and otherwise use, exploit, or authorize others to use or exploit for government purposes any and all reports, drafts of reports, data, drawings, computer programs, codes and or any other work associated with this Contract, d) Provider must give the GLO and the State of Texas, as well as any person designated by the GLO or the State of Texas, all assistance required to perfect the rights granted to the GLO and the State of Texas herein without any charge or expense beyond the stated amount payable to Provider for the services authorized under this Contract. e) The Contract in no way creates an obligation on behalf of the GLO, the State of Texas, or the U.S. Government to obtain or enforce any intellectual property right that may be created under this Contract. GLO Contract No.21-043-001 Page 7 of 12 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 VII.RECORDS,AUDIT,RETENTION,AND DISCLOSURE 7.01 BOOKS AND RECORDS Provider shall keep and maintain under GAAP or GASB, as applicable, full, true, and complete records sufficient to allow the GLO, the Texas State Auditor's Office, the United States Government, and/or their authorized representatives to determine Provider's compliance with this Contract and all applicable laws, rules, and regulations. 7.02 INSPECTION AND AUDIT a) All records related to this Contract, including records of Provider and its Subcontractors, shall be subject to the Administrative and Audit Regulations. b) The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the Contract or indirectly through a subcontract under the Contract. Acceptance of funds directly under the Contract or indirectly through a subcontract under the Contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. The Office of the Comptroller General of the United States, the Government Accountability Office,the Office of Inspector General, or any authorized representative of the U.S. Government shall also have this right of inspection. Provider shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Provider and the requirement to cooperate is included in any subcontract it awards. C) State agencies authorized to audit and inspect Provider, its records, subcontractors, and subcontractors' records include the GLO,the GLO's contracted examiners,the State Auditor's Office,the Texas Attorney General's Office,the Texas Comptroller of Public Accounts, and their authorized designees. With regard to any federal funding, federal agencies authorized to audit and inspect Provider, its records, subcontractors, and subcontractors' records include: the relevant federal agency(ies), the Office of the Comptroller General of the United States, the Government Accountability Office, the Office of Inspector General, and their authorized designees. 7.03 PERIOD OF RETENTION Each Party shall retain in its records this Contract and all documents related to this Contract. Unless a longer retention period is specified by applicable federal law or regulation, the Parties may destroy the Contract and related documents only after the seventh anniversary of the date: the Contract is completed or expires; or all issues that arise from any litigation, claim, negotiation, audit, open records request, administrative review, or other action involving the Contract or related documents are resolved. GLO Contract No.21-043-001 Page 8 of 12 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 7.04 CONFIDENTIALITY To the extent permitted by law, Provider and the GLO agree to keep all information confidential, in whatever form produced, prepared, observed, or received by Provider or the GLO to the extent that such information is: (a) confidential by law; (b) marked or designated "confidential" (or words to that effect) by Provider or the GLO; or (c) information that Provider or the GLO is otherwise required to keep confidential by this Contract. Furthermore, Provider will not advertise that it is doing business with the GLO, use this Contract as a marketing or sales tool, or make any press releases concerning Work under this Contract without the prior written consent of the GLO. 7.05 PUBLIC RECORDS The GLO may post this Contract and the Solicitation Response on its website. Information related to his Contract and its performance may be subject to the Public Information Act and will be withheld or disclosed in accordance therewith. Provider shall make any information created or exchanged with the state pursuant to the Contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the state/the GLO. Provider shall make any information required under the Public Information Act available to the GLO in portable document file (".pdf') format or any other format agreed between the parties. By failing to mark as "confidential" or a"trade secret" any information Provider believes to be excepted from public disclosure,Provider waives all claims it may make against the GLO for releasing such information without prior notice to Provider. Provider shall notify the GLO's Office of General Counsel within twenty-four hours of Provider's receipt of any third party written requests for information, and forward a copy of said written requests to PIALegal2glo.texas.gov. VIII.MISCELLANEOUS PROVISIONS 8.01 INSURANCE Pursuant to Chapter 2259 of the Texas Government Code entitled, "Self-Insurance by Governmental Units," Provider is self-insured and, therefore, is not required to purchase insurance. 8.02 LEGAL OBLIGATIONS Provider shall procure and maintain for the duration of this Contract any license, authorization, insurance, waiver,permit, qualification, or certification required by federal, state, county, or city statute, ordinance, law, or regulation to be held by Provider to provide the goods or services required by this Contract. Provider shall pay all taxes, assessments, fees, premiums, permits, and licenses required by law. Provider shall pay any such government obligations not paid by its subcontractors during performance of this Contract. In its performance of the Contract, Provider shall not infringe the intellectual property rights of third parties. 8.03 ASSIGNMENT AND SUBCONTRACTS a) Provider shall not assign,transfer, or delegate any rights, obligations, or duties under this Contract without the prior written consent of the GLO. Notwithstanding this provision, it is mutually understood and agreed that Provider may subcontract with GLO Contract No.21-043-001 Page 9 of 12 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 others for some or all of the services to be performed. In any approved subcontracts, Provider shall legally bind such subcontractor to perform and make such subcontractor subject to all the duties, requirements, and obligations of Provider as specified in this Contract. Nothing in this Contract shall be construed to relieve Provider of the responsibility for ensuring that the goods delivered and/or the services rendered by Provider and/or any of its subcontractors comply with all the terms and provisions of this Contract. b) Provider will provide written notification to the GLO of any such subcontractor performing fifteen percent(15%) or more of the work under this Contract, including the name and taxpayer identification number of subcontractor, the task(s) being performed,and the number of subcontractor employees expected to work on the task. 8.04 RELATIONSHIP OF THE PARTIES Provider is associated with the GLO only for the purposes and to the extent specified in this Contract. Provider is and shall be an independent contractor and, subject only to the terms of this Contract, shall have the sole right to supervise, manage, operate, control, and direct performance of the details incident to its duties under this Contract.Nothing contained in this Contract creates a partnership or joint venture, employer-employee or principal-agent relationships, or any liability whatsoever with respect to the indebtedness, liabilities, or obligations of Provider or any other party. Provider shall be solely responsible for, and the GLO shall have no obligation with respect to: withholding of income taxes, FICA, or any other taxes or fees; industrial or workers' compensation insurance coverage; participation in any group insurance plans available to employees of the State of Texas; participation or contributions by the State to the State Employees Retirement System; accumulation of vacation leave or sick leave;or unemployment compensation coverage provided by the State. 8.05 COMPLIANCE WITH OTHER LAWS In its performance of this Contract,Provider shall comply with all applicable federal, state, county, and city laws, statutes, ordinances, and regulations. Provider is deemed to know of and understand all applicable laws, statutes, ordinances, and regulations. 8.06 NOTICES Any notices required under this Contract shall be deemed delivered when deposited either in the United States mail, postage paid, certified, return receipt requested; or with a common carrier, overnight, signature required,to the appropriate address below: GLO Texas General Land Office 1700 N. Congress Avenue, Mail Code 158 Austin, TX 78701 Attention: Contract Management Division GLO Contract No.21-043-001 Page 10 of 12 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Provider Nueces County Public Health District 1702 Horne Road Corpus Christi, Texas 78416 Attention: Beach Watch Project Manager Notice given in any other manner shall be deemed effective only when received by the Parry to be notified. Either Parry may change its address for notice by written notice to the other Parry as herein provided. 8.07 GOVERNING LAW AND VENUE This Contract and the rights and obligations of the parties hereto shall be governed by, and construed according to, the laws of the State of Texas, exclusive of conflicts of law provisions. Venue of any suit brought under this Contract shall be in a court of competent jurisdiction in Travis County, Texas. Provider irrevocably waives any objection, including any objection to personal jurisdiction, the laying of venue, or based on forum non conveniens, it has or may have to the bringing of any action or proceeding in such jurisdiction in respect of this Contract or any related document. NOTHING IN THIS CONTRACT SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO OR THE STATE OF TEXAS. 8.08 SEVERABILITY If a court of competent jurisdiction determines any provision of this Contract is invalid, void, or unenforceable, the remaining terms, provisions, covenants, and conditions of this Contract shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated. 8.09 FORCE MAJEURE Except with respect to the obligation of payments under this Contract,if either of the Parties, after a good faith effort, is prevented from complying with any express or implied covenant of this Contract by reason of war; terrorism; rebellion; riots; strikes; acts of God; any valid order, rule, or regulation of governmental authority; or similar events that are beyond the control of the affected Party (collectively referred to as a "Force Majeure"), then, while so prevented,the affected Party's obligation to comply with such covenant shall be suspended, and the affected Party shall not be liable for damages for failure to comply with such covenant.In any such event,the Party claiming Force Maj eure shall promptly notify the other Party of the Force Majeure event in writing and, if possible, such notice shall set forth the extent and duration thereof. The Parry claiming Force Majeure shall exercise due diligence to prevent, eliminate, or overcome such Force Majeure event where it is possible to do so and shall resume performance at the earliest possible date. However, if non-performance continues for more than thirty (30) days,the GLO may terminate this Contract immediately upon written notification to Provider. 8.10 ENTIRE CONTRACT AND MODIFICATION This Contract,its Attachments, and any Work Order issued under this Contract constitute the entire agreement of the Parties and are intended as a complete and exclusive statement of the promises, representations, negotiations, discussions, and other agreements made in connection with the subject matter hereof. Additional or conflicting terms in Attachments or GLO Contract No.21-043-001 Page 11 of 12 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Work Orders shall be harmonized with this Contract to the extent possible. Unless such integrated Attachment or Work Order specifically displays a mutual intent to amend part of this Contract, conflicts shall be construed consistently with the terms of this Contract. This Contract, its Attachments, and any Work Orders issued under this Contract may only be amended by a mutual, written agreement executed by authorized representatives of the Parties. 8.11 COUNTERPARTS This Contract may be executed in any number of counterparts, each of which shall be an original, and all such counterparts shall together constitute one and the same Contract. 8.12 PROPER AUTHORITY Each Party represents and warrants that the person executing this Contract on its behalf has the authority to enter into this Contract. Provider acknowledges that this Contract is effective for the term specified in the Contract. Any services Provider performs before this Contract's effective date or after its termination or expiration are performed at Provider's sole risk. 8.13 SURVIVAL OF TERMS AND PROVISIONS The terms and conditions of this Contract related to the following subjects shall survive the termination of this Contract: definitions; interpretation; warranties; affirmations; prohibition on debts created on behalf of the State of Texas and/or the GLO; limitation of any Provider claim for damages to the amount of funds appropriated for payment but not yet paid to Provider; ownership; intellectual property; third-party reliance; books and records; inspection and audit; records retention period; confidentiality; public records; insurance; taxes; workers' compensation; unemployment insurance; Provider's obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any subcontractors to provide the goods or services described in this Contract; assignment and subcontracting; relationship of the parties; compliance with laws; notices; governing law and venue; severability; dispute resolution; merger and integration; invoice and fee verification; property rights; default; and amendment. 8.14 CLEAN AIR ACT;FEDERAL WATER POLLUTION CONTROL ACT Provider must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). SIGNATURE PAGE FOLLOWS GLO Contract No.21-043-001 Page 12 of 12 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 SIGNATURE PAGE FOR GLO CONTRACT No.21-043-001 GENERAL LAND OFFICE CORPUS CHRISTI—NUECES COUNTY PUBLIC HEALTH DISTRICT aDuSignedby: by: LDocusigned ee I4 4E14, avens, Chief Clerk/ a� 74z� .ette Rodriguez Deputy Land Commissioner Title: Health Director 8/31/2020 10/9/2020 Date of execution: Date of execution: OGC Ebb PM aAE DIV Eq Iu: DD SDD DGC :A� GC IG ATTACHMENTS TO THIS CONTRACT: ATTACHMENT Ell—FEDERAL ASSURANCES AND CERTIFICATIONS ATTACHMENT B—GENERAL AFFIRMATIONS ATTACHMENT C—BEACH WATCH CONTRACT WORK PLAN ATTACHMENTS FOLLOW Attachment A DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21 B-A1AD084A4F55 GLO Contract No.21-043-001 Page 1 of 5 ASSURANCES— NON-CONSTRUCTION PROGRAMS OMB Approval No.4040-0007 Expiration Date: 02/28/2022 Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: Act of 1973, as amended (29 U.S.C.§794), which 1. Has the legal authority to apply for Federal assistance, prohibits discrimination on the basis of handicaps; (d) the and the institutional, managerial and financial capability Age Discrimination Act of 1975, as amended (42 U.S.C. (including funds sufficient to pay the non-Federal share of project costs) to ensure proper planning, §§6101-6107), which prohibits discrimination on the basis management and completion of the project described in of age; (e) the Drug Abuse Office and Treatment Act of this application. 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the 2. Will give the awarding agency, the Comptroller General Comprehensive Alcohol Abuse and Alcoholism of the United States and, if appropriate, the State, Prevention, Treatment and Rehabilitation Act of 1970 through any authorized representative, access to and (P.L. 91-616), as amended, relating to nondiscrimination the right to examine all records, books, papers, or on the basis of alcohol abuse or alcoholism; (g) §§523 documents related to the award; and will establish a and 527 of the Public Health Service Act of 1912 (42 proper accounting system in accordance with generally U.S.C. §§290 dd-3 and 290 ee-3), as amended, relating accepted accounting standards or agency directives. to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 3. Will establish safeguards to prohibit employees from U.S.C. §§3601 et seq.), as amended, relating to using their positions for a purpose that constitutes or nondiscrimination in the sale, rental or financing of presents the appearance of personal or organizational housing; (i) any other non-discrimination provisions in the conflict of interest, or personal gain. specific statute(s) under which application for Federal assistance is being made; and, 0) the requirements of 4. Will initiate and complete the work within the applicable any other nondiscrimination statute(s) which may apply to time frame after receipt of approval of the awarding the application. agency. 7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation 5. Will comply with the Intergovernmental Personnel Act of Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed 1970 (P.L. 91-646) which provide for fair and equitable standards for merit systems for programs funded under treatment of persons displaced or whose property is one of the 19 statutes or regulations specified in acquired as a result of Federal and federally-assisted Appendix A of OPM's Standards for a Merit System of programs. These requirements apply to all interests in Personnel Administration (5 C.F.R. 900, Subpart F). real property acquired for project purposes regardless of 6. Will comply with all Federal statutes relating to Federal participation in purchases. nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) 8. Will comply, as applicable, with the provisions of the which prohibits discrimination on the basis of race, color Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which or national origin; (b) Title IX of the Education limit the political activities of employees whose principal employment activities are funded in whole or in part with Amendments of 1972, as amended (20 U.S.C. §§1681- 1683, and 1685-1686), which prohibits discrimination on Federal funds. the basis of sex; (c) Section 504 of the Rehabilitation Previous Edition Usable Standard Form 424B(Rev.7-97) Authorized for Local Reproduction Prescribed by OMB CircularA-102 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment GLO Contract No.21-043-001 Page 2 of 5 9. Will comply, as applicable, with the provisions of the Davis- 13. Will assist the awarding agency in assuring compliance Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act with Section 106 of the National Historic Preservation (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Act of 1966, as amended (16 U.S.C. §470), EO 11593 Work Hours and Safety Standards Act (40 U.S.C. (identification and protection of historic properties), and §§327-333) regarding labor standards for federally-assisted the Archaeological and Historic Preservation Act of construction subagreements. 1974 (16 U.S.C. §§469a-1 et seq.). 10.Will comply, if applicable, with flood insurance purchase 14. Will comply with P.L. 93-348 regarding the protection of requirements of Section 102(a) of the Flood Disaster human subjects involved in research, development, and Protection Act of 1973 (P.L. 93-234) which requires related activities supported by this award of assistance. recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of 15. Will comply with the Laboratory Animal Welfare Act of insurable construction and acquisition is $10,000 or more. 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of 11. Will comply with environmental standards which may be warm blooded animals held for research, teaching, or prescribed pursuant to the following: (a) institution of other activities supported by this award of assistance. environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and 16. Will comply with the Lead-Based Paint Poisoning Executive Order (EO) 11514; (b) notification of violating Prevention Act (42 U.S.C. §§4801 et seq.) which facilities pursuant to EO 11738; (c) protection of wetlands prohibits the use of lead-based paint in construction or pursuant to EO 11990; (d) evaluation of flood hazards in rehabilitation of residence structures. floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management 17. Will cause to be performed the required financial and program developed under the Coastal Zone Management compliance audits in accordance with the Single Audit Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Act Amendments of 1996 and OMB Circular No. A-133, Federal actions to State (Clean Air) Implementation Plans "Audits States, Local Governments, and Non-Profit under Section 176(c) of the Clean Air Act of 1955, as Organizations." amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the governing this program. Endangered Species Act of 1973, as amended (P.L. 93- 19. Will comply with the requirements of Section 106(g) of 205). the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 award recipients or a sub-recipient from (1) Engaging in U.S.C. §§1271 et seq.) related to protecting components or severe forms of trafficking in persons during the period potential components of the national wild and scenic rivers of time that the award is in effect (2) Procuring a system. commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE DcuSigned by: Health Director rAAA0,4,. �odri5vez A lt'AWM64AN IZATI ON DATE SUBMITTED Nueces County Public Health District 10/9/2020 SF-424B(Rev.7-97)Back DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment GLO Contract No.21-043-001 Page 3 of 5 CERTIFICATION REGARDING LOBBYING COMPLIANT WITH APPENDIX A TO 24 C.F.R.PART 87* Certification for Contracts, Grants,Loans, and Cooperative Agreements: The undersigned certifies,to the best of his or her knowledge and belief,that: (1)No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,or cooperative agreement. (2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31,U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. Statement for Loan Guarantees and Loan Insurance: The undersigned states,to the best of his or her knowledge and belief, that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31,U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. As the duly authorized representative of the applicant,I hereby certify that the applicant will comply with the above applicable certification. NAME OF APPLICANT AWARD NUMBER AND/OR PROJECT NAME Nueces County Public Health District 21-043-001 PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE Annette Rodriguez Health Director SIGNATURE DATE DocuSigned by: AAAC14e &4- Vez 10/9/2020 4FC9D92742CE414.v * 24 C.F.R. 87 App. A, available at bqs://www.i4po. og v/fdsys/eranule/CFR-2011-title24-voll/CFR-2011-title24-voll-part87- ap A.Published Apr. 1,2011.Accessed Aug. 1,2018. DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment GLO Contract No.21-043-001 Page 4 of 5 Disclosure of Lobbying Activities OMB Number: 013 Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 Expiration Date:02/28/2022 See reverse for public burden disclosure 1. *Type of Federal Action: 2. *Status of Federal Action: 3. *Report Type: a. contract a. bid/offer/application a.initial filing b.grant b.initial award b.material change c. cooperative agreement c.post-award d.loan e. loan guarantee f. loan insurance 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is Subawardee, Prime Subawardee Enter Name and Address of Prime: Name: Street 1: Street 2: City: State: Zip: Congressional District, if known: Congressional District, i known: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number,ifapplicable: 8. Federal Action Number,ifknown: 9. Award Amount,ifknown: 10.a.Name and Address of Lobbying Registrant b.Individuals Performing Services (including address if (if individual, last name,first name, MI): different from No. IOa) (last name,first name, MI): 11.Information requested through this form is authorized by title 31 U.S.C.section 1352.This disclosure of lobbying Signature: activities is a material representation of fact upon which reliance was placed by the tier above when this transaction Print Name: was made or entered into.This disclosure is required pursuant to 31 U.S.C.1352.This information will be reported Title: to the Congress semi-annually and will be available for public inspection.Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than Telephone No.: Date: $10,000 and not more than$100,000 for each such failure. Federal Use Only Authorized for Local Reproduction Standard Form-LLL(Rev.7-97) DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment GLO Contract No.21-043-001 Page 5 of 5 INSTRUCTIONS FOR COMPLETION OF SF-LLL,DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing,pursuant to title 31 U.S.C. section 1352.The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is,or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks"Subawardee,"then enter the full name,address, city, State and zip code of the prime Federal recipient.Include Congressional District,if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organizational level below agency name,if known.For example,Department of Transportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal(RFP) number; Invitations for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Included prefixes,e.g.,"RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10(a). Enter Last Name,First Name,and Middle Initial(MI). II. The certifying official shall sign and date the form,print his/her name,title, and telephone number. According to the Paperwork Reduction Act,as amended,no persons are required to respond to a collection of information unless it displays a valid OMB control Number.The valid OMB control number for this information collection is OMB No. 4040-0013.Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden, to the Office of Management and Budget,Paperwork Reduction Project(4040-0013),Washington,DC 20503. DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment B GLO Contract No.21-043-001 Page 1 of 8 General Affirmations To the extent they apply, Provider affirms and agrees to the following, without exception: 1. Provider represents and warrants that, in accordance with Section 2155.005 of the Texas Government Code, neither Provider nor the firm, corporation, partnership, or institution represented by Provider, or anyone acting for such a firm, corporation, partnership, or institution has (1) violated any provision of the Texas Free Enterprise and Antitrust Act of 1983, Chapter 15 of the Texas Business and Commerce Code, or the federal antitrust laws, or (2) communicated directly or indirectly the contents of this Contract or any solicitation response upon which this Contract is based to any competitor or any other person engaged in the same line of business as Provider. 2. If the Contract is for services, Provider shall comply with Section 2155.4441 of the Texas Government Code, requiring the purchase of products and materials produced in the State of Texas in performing service contracts. 3. Under Section 231.006 of the Family Code, the vendor or applicant [Provider] certifies that the individual or business entity named in this Contract, bid or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Contract may be terminated and payment may be withheld if this certification is inaccurate. 4. A bid or an application for a contract, grant, or loan paid from state funds must include the name and social security number of the individual or sole proprietor and each partner, shareholder, or owner with an ownership interest of at least 25 percent of the business entity submitting the bid or application. Provider certifies it has submitted this information to the GLO. 5. If the Contract is for the purchase or lease of computer equipment, as defined by Texas Health and Safety Code Section 361.952(2), Provider certifies that it is in compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code, related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in Title 30 Texas Administrative Code Chapter 328. 6. Pursuant to Section 2155.003 of the Texas Government Code, Provider represents and warrants that it has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the Contract. 7. Payments due under the Contract shall be directly applied towards eliminating any debt or delinquency Provider owes to the State of Texas including, but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support, regardless of when the debt or delinquency arises. 8. Upon request of the GLO, Provider shall provide copies of its most recent business continuity and disaster recovery plans. 072220M B DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment B GLO Contract No.21-043-001 Page 2 of 8 9. If the Contract is for consulting services governed by Texas Government Code Chapter 2254, Subchapter B, in accordance with Section 2254.033 of the Texas Government Code, relating to consulting services, Provider certifies that it does not employ an individual who has been employed by The GLO or another agency at any time during the two years preceding the Provider's submission of its offer to provide consulting services to the GLO or, in the alternative, Provider, in its offer to provide consulting services to the GLO, disclosed the following: (i) the nature of the previous employment with the GLO or other state agency; (ii) the date the employment was terminated; and (iii) the annual rate of compensation for the employment at the time of its termination. 10. If the Contract is not for architecture, engineering, or construction services, except as otherwise provided by statute, rule, or regulation, Provider must use the dispute resolution process provided for in Chapter 2260 of the Texas Government Code to attempt to resolve any dispute arising under the Contract. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO. 11. If the Contract is for architecture, engineering, or construction services, subject to Texas Government Code, Section 2260.002 and Texas Civil Practice and Remedies Code Chapter 114, and except as otherwise provided by statute, rule, or regulation, Provider shall use the dispute resolution process provided for in Chapter 2260 of the Texas Government Code to attempt to resolve all disputes arising under this Contract. Except as otherwise provided by statute, rule, or regulation, in accordance with the Texas Civil Practice and Remedies Code, Section 114.005, claims encompassed by Texas Government Code, Section 2260.002(3) and Texas Civil Practice and Remedies Code Section 114.002 shall be governed by the dispute resolution process set forth below in subsections (a)-(d). NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO. a. Notwithstanding Texas Government Code, Chapter 2260.002(3) and Chapter 114.012 and any other statute or applicable law, if the Provider's claim for breach of contract cannot be resolved by the parties in the ordinary course of business, Provider may make a claim against the GLO for breach of contract and the GLO may assert a counterclaim against the Provider as is contemplated by Texas Government Code, Chapter 2260, Subchapter B. In such event, Provider must provide written notice to the GLO of a claim for breach of the Contract not later than the 180th day after the date of the event giving rise to the claim. The notice must state with particularity: (1) the nature of the alleged breach; (2) the amount the Provider seeks as damages; and (3) the legal theory of recovery. b. The chief administrative officer, or if designated in the Contract, another officer of the GLO, shall examine the claim and any counterclaim and negotiate with the Provider in an effort to resolve them. The negotiation must begin no later than the 120th day after the date the claim is received, as is contemplated by Texas Government Code, Chapter 2260, Section 2260.052. c. If the negotiation under paragraph (b) above results in the resolution of some disputed issues by agreement or in a settlement, the parties shall reduce the agreement or DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment B GLO Contract No.21-043-001 Page 3 of 8 settlement to writing and each party shall sign the agreement or settlement. A partial settlement or resolution of a claim does not waive a party's rights under this Contract as to the parts of the claim that are not resolved. d. If a claim is not entirely resolved under paragraph (b) above, on or before the 270th day after the date the claim is filed with the GLO, unless the parties agree in writing to an extension of time, the parties may agree to mediate a claim made under this dispute resolution procedure. This dispute resolution procedure is the Provider's sole and exclusive process for seeking a remedy for an alleged breach of contract by the GLO if the parties are unable to resolve their disputes as described in this section. e. Nothing in the Contract shall be construed as a waiver of the state's or the GLO's sovereign immunity. This Contract shall not constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to the State of Texas. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to the State of Texas under this Contract or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies or immunities or be considered as a basis for estoppel. The GLO does not waive any privileges, rights, defenses, or immunities available to it by entering into this Contract or by its conduct, or by the conduct of any representative of the GLO,prior to or subsequent to entering into this Contract. f. Except as otherwise provided by statute, rule, or regulation, compliance with the dispute resolution process provided for in Texas Government Code, Chapter 2260, subchapter B and incorporated by reference in subsection (a)-(d) above is a condition precedent to the Provider: (1) filing suit pursuant to Chapter 114 of the Civil Practices and Remedies Code; or(2) initiating a contested case hearing pursuant to Subchapter C of Chapter 2260 of the Texas Government Code. 12. If Chapter 2271 of the Texas Government Code applies to this Contract, Provider verifies that it does not boycott Israel and will not boycott Israel during the term of the Contract. 13. This Contract is contingent upon the continued availability of lawful appropriations by the Texas Legislature. Provider understands that all obligations of the GLO under this Contract are subject to the availability of state funds. If such funds are not appropriated or become unavailable, the GLO may terminate the Contract. The Contract shall not be construed as creating a debt on behalf of the GLO in violation of Article III, Section 49a of the Texas Constitution. 14. Provider certifies that it is not listed on the federal government's terrorism watch list as described in Executive Order 13224. 15. In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, Provider certifies that it is not (1) the executive head of the GLO, (2) a person who at any time during the four years before the effective date DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment B GLO Contract No.21-043-001 Page 4 of 8 of the Contract was the executive head of the GLO, or (3) a person who employs a current or former executive head of the GLO. 16. Provider represents and warrants that all statements and information prepared and submitted in connection with this Contract are current, complete, true, and accurate. Submitting a false statement or making a material misrepresentation during the performance of this Contract is a material breach of contract and may void the Contract or be grounds for its termination. 17. Pursuant to Section 2155.004(a) of the Texas Government Code, Provider certifies that neither Provider nor any person or entity represented by Provider has received compensation from the GLO to participate in the preparation of the specifications or solicitation on which this Contract is based. Under Section 2155.004(b) of the Texas Government Code, Provider certifies that the individual or business entity named in this Contract is not ineligible to receive the specified contract and acknowledges that the Contract may be terminated and payment withheld if this certification is inaccurate. This Section does not prohibit Provider from providing free technical assistance. 18. Provider represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code. 19. In accordance with Section 2252.901 of the Texas Government Code, for the categories of contracts listed in that section, Provider represents and warrants that none of its employees including, but not limited to, those authorized to provide services under the contract, were employees of the GLO during the twelve (12) month period immediately prior to the date of execution of the contract. Solely for professional services contracts as described by Chapter 2254 of the Texas Government Code, Provider further represents and warrants that if a former employee of the GLO was employed by Provider within one year of the employee's leaving the GLO, then such employee will not perform services on projects with Provider that the employee worked on while employed by the GLO. 20. The Contract shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflicts of law provisions. The venue of any suit arising under the Contract is fixed in any court of competent jurisdiction of Travis County, Texas, unless the specific venue is otherwise identified in a statute which directly names or otherwise identifies its applicability to the GLO. 21. IF THE CONTRACT IS NOT FOR ARCHITECTURE OR ENGINEERING SERVICES GOVERNED BY TEXAS GOVERNMENT CODE CHAPTER 2254, PROVIDER, TO THE EXTENT ALLOWED BY LAW, SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND THE GLO, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES ARISING OUT OF, OR RESULTING FROM ANY ACTS OR OMISSIONS OF PROVIDER OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment B GLO Contract No.21-043-001 Page 5 of 8 FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT AND ANY PURCHASE ORDERS ISSUED UNDER THE CONTRACT. THE DEFENSE SHALL BE COORDINATED BY PROVIDER WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND PROVIDER MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. PROVIDER AND THE GLO SHALL FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. 22. IF THE CONTRACT IS FOR ARCHITECTURE OR ENGINEERING SERVICES GOVERNED BY TEXAS GOVERNMENT CODE CHAPTER 2254, PROVIDER, TO THE EXTENT ALLOWED BY LAW, SHALL INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND THE GLO, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED DAMAGES, COSTS, ATTORNEY FEES, AND EXPENSES TO THE EXTENT CAUSED BY, ARISING OUT OF, OR RESULTING FROM ANY ACTS OF NEGLIGENCE, INTENTIONAL TORTS, WILLFUL MISCONDUCT, PERSONAL INJURY OR DAMAGE TO PROPERTY, AND/OR OTHERWISE RELATED TO PROVIDER'S PERFORMANCE, AND/OR FAILURES TO PAY A SUBCONTRACTOR OR SUPPLIER BY THE PROVIDER OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, CONSULTANTS UNDER CONTRACT TO PROVIDER, OR ANY OTHER ENTITY OVER WHICH THE CONTRACTOR EXERCISES CONTROL, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT. THE DEFENSE SHALL BE COORDINATED BY PROVIDER WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND PROVIDER MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. PROVIDER AND THE GLO SHALL FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. 23. TO THE EXTENT ALLOWED BY LAW, PROVIDER SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE GLO AND THE STATE OF TEXAS FROM AND AGAINST ANY AND ALL CLAIMS, VIOLATIONS, MISAPPROPRIATIONS OR INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHTS AND/OR OTHER INTANGIBLE PROPERTY, PUBLICITY OR PRIVACY RIGHTS, AND/OR IN CONNECTION WITH OR ARISING FROM: (1) THE PERFORMANCE OR ACTIONS OF PROVIDER PURSUANT TO THIS CONTRACT; (2) ANY DELIVERABLE, WORK PRODUCT, CONFIGURED SERVICE OR OTHER SERVICE PROVIDED HEREUNDER; AND/OR (3) THE GLO'S AND/OR PROVIDER'S USE OF OR ACQUISITION OF ANY REQUESTED SERVICES OR OTHER ITEMS PROVIDED TO THE GLO BY PROVIDER OR OTHERWISE TO WHICH THE GLO HAS ACCESS AS A RESULT OF PROVIDER'S PERFORMANCE UNDER THE CONTRACT. PROVIDER AND THE DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment B GLO Contract No.21-043-001 Page 6 of 8 GLO SHALL FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. PROVIDER SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE, INCLUDING ATTORNEYS' FEES. THE DEFENSE SHALL BE COORDINATED BY PROVIDER WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL (OAG) WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND PROVIDER MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM OAG. IN ADDITION, PROVIDER WILL REIMBURSE THE GLO AND THE STATE OF TEXAS FOR ANY CLAIMS, DAMAGES, COSTS, EXPENSES OR OTHER AMOUNTS, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES AND COURT COSTS, ARISING FROM ANY SUCH CLAIM. IF THE GLO DETERMINES THAT A CONFLICT EXISTS BETWEEN ITS INTERESTS AND THOSE OF PROVIDER OR IF THE GLO IS REQUIRED BY APPLICABLE LAW TO SELECT SEPARATE COUNSEL, THE GLO WILL BE PERMITTED TO SELECT SEPARATE COUNSEL AND PROVIDER WILL PAY ALL REASONABLE COSTS OF THE GLO'S COUNSEL. 24. Provider has disclosed in writing to the GLO all existing or potential conflicts of interest relative to the performance of the Contract. 25. Sections 2155.006 and 2261.053 of the Texas Government Code prohibit state agencies from accepting a solicitation response or awarding a contract that includes proposed financial participation by a person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, or any other disaster, as defined by Section 418.004 of the Texas Government Code, occurring after September 24, 2005. Under Sections 2155.006 and 2261.053 of the Texas Government Code, Provider certifies that the individual or business entity named in this Contract is not ineligible to receive the specified contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 26. Provider understands that the GLO will comply with the Texas Public Information Act (Chapter 552 of the Texas Government Code) as interpreted by judicial rulings and opinions of the Attorney General of the State of Texas. Information, documentation, and other material related to this Contract may be subject to public disclosure pursuant to the Texas Public Information Act. In accordance with Section 2252.907 of the Texas Government Code, Provider shall make any information created or exchanged with the State/GLO pursuant to the Contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the State or the GLO. 27. The person executing this Contract certifies that he/she is duly authorized to execute this Contract on his/her own behalf or on behalf of Provider and legally empowered to contractually bind Provider to the terms and conditions of the Contract and related documents. DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment B GLO Contract No.21-043-001 Page 7 of 8 28. If the Contract is for architectural or engineering services, pursuant to Section 2254.0031 of the Texas Government Code, which incorporates by reference Section 271.904(d) of the Texas Local Government Code, Provider shall perform services (1) with professional skill and care ordinarily provided by competent engineers or architects practicing under the same or similar circumstances and professional license, and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 29. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the Contract or indirectly through a subcontract under the Contract. The acceptance of funds directly under the Contract or indirectly through a subcontract under the Contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. Provider shall ensure that this paragraph concerning the authority to audit funds received indirectly by subcontractors through the Contract and the requirement to cooperate is included in any subcontract it awards. The GLO may unilaterally amend the Contract to comply with any rules and procedures of the state auditor in the implementation and enforcement of Section 2262.154 of the Texas Government Code. 30. Provider certifies that neither it nor its principals are debarred, suspended, proposed for debarment, declared ineligible, or otherwise excluded from participation in the Contract by any state or federal agency. 31. Provider expressly acknowledges that state funds may not be expended in connection with the purchase of an automated information system unless that system meets certain statutory requirements relating to accessibility by persons with visual impairments. Accordingly, Provider represents and warrants to the GLO that any technology provided to the GLO for purchase pursuant to this Contract is capable, either by virtue of features included within the technology or because it is readily adaptable by use with other technology, of: providing equivalent access for effective use by both visual and non-visual means; presenting information, including prompts used for interactive communications, in formats intended for non-visual use; and being integrated into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired. For purposes of this Section, the phrase "equivalent access" means a substantially similar ability to communicate with or make use of the technology, either directly by features incorporated within the technology or by other reasonable means such as assistive devices or services which would constitute reasonable accommodations under the Americans With Disabilities Act or similar state or federal laws. Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands and other means of navigating graphical displays, and customizable display appearance. 32. If the Contract is for the purchase or lease of covered television equipment, as defined by Section 361.971(3) of the Texas Health and Safety Code, Provider certifies its compliance DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment B GLO Contract No.21-043-001 Page 8 of 8 with Subchapter Z, Chapter 361 of the Texas Health and Safety Code, related to the Television Equipment Recycling Program. 33. Pursuant to Section 572.069 of the Texas Government Code, Provider certifies it has not employed and will not employ a former state officer or employee who participated in a procurement or contract negotiations for the GLO involving Provider within two (2) years after the date that the contract is signed or the procurement is terminated or withdrawn. This certification only applies to former state officers or employees whose state service or employment ceased on or after September 1, 2015. 34. The GLO does not tolerate any type of fraud. GLO policy promotes consistent, legal, and ethical organizational behavior by assigning responsibilities and providing guidelines to enforce controls. Any violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. Provider shall report any possible fraud, waste, or abuse that occurs in connection with the Contract to the GLO's Fraud Reporting hotline at(877) 888-0002. 35. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and Provider agrees that the Contract can be terminated if Provider knowingly or intentionally fails to comply with a requirement of that subchapter. 36. If Provider, in its performance of the Contract, has access to a state computer system or database, Provider must complete a cybersecurity training program certified under Texas Government Code Section 2054.519, as selected by the GLO. Provider must complete the cybersecurity training program during the initial term of the Contract and during any renewal period. Provider must verify in writing to the GLO its completion of the cybersecurity training program. 37. Under Section 2155.0061, Texas Government Code, Provider certifies that the entity named in this contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate. DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment C GLO Contract No.21-043-001 Page 1 of 5 Beach Watch Contract Work Plan Introduction As the lead state agency charged with implementing the Beaches Environmental Assessment and Coastal Health Act of 2000 (BEACH Act), the Texas General Land Office (GLO) will contract with Corpus Christi- Nueces County Public Health District(Provider)to collect and analyze water samples, notify the public of beach water quality and to recommend and/or issue, water quality advisories when warranted. Beach Watch Coordinator Lucy Flores Texas General Land Office P.O. Box 12873 Austin,Texas 78711-2873 (512)463-5134 lucy.flores@glo.texas.gov I. QUALITY ASSURANCE PROJECT PLAN All monitoring data must be collected according to the EPA approved Quality Assurance Project Plan (QAPP). Provider must adhere to the QAPP. The Provider Project Manager is required to download and read the document and return the signature page (Appendix D of the QAPP)to the GLO Beach Watch Coordinator. If any conflicts arise between this work plan and the QAPP, the requirements of the QAPP shall take precedence. The QAPP can be downloaded at www.texasbeachwatch.com or accessed directly at http://cgis.glo.texas.gov/Beachwatch/docs/QAPP2020-2021.pdf. II. SAMPLING STATIONS AND SCHEDULE All samples shall be collected in accordance with the Procedures for Providers set forth below and in the QAPP. Sampling Stations. The Provider shall collect water samples from fixed sampling stations, depicted on the maps and station lists in Appendix C of the QAPP for Aransas County, Nueces County, and San Patricio County. The Provider shall follow the attached Sampling Schedule (Exhibit 1 of this Work Plan) and shall conduct additional sampling as required in Section V of this Work Plan. Based upon the contract amount, Provider shall collect samples for Aransas County, Nueces County, and San Patricio County over 38 sampling weeks a year. Sampling Depth. Provider must sample at a depth of approximately two feet (^2 ft.). The two-foot sampling depth will apply unless: • The majority of recreational activity occurs at a depth significantly different than two feet, in which case Provider may collect samples at the location of greatest swimmer activity;or • The two-foot sampling depth occurs more than 50 meters from shore, measured from the approximate water line at the time of sampling, in which case Provider may collect samples at 50 meters from shore or at the location of greatest swimmer activity. Sampling Schedule. Exhibit 1 lists the weeks when sampling must be conducted. Provider must collect samples on Mondays or Tuesdays. If Provider cannot collect samples on a Monday or Tuesday, Provider DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment C GLO Contract No.21-043-001 Page 2 of 5 may collect samples on a Wednesday. This schedule allows time for re-sampling to occur, before the next regular sampling period, when elevated bacteria levels are detected. Depending on the number of beaches and stations, local contractors may require several days to collect samples. Collection may occur over a three-day period, upon prior written approval from the Beach Watch Coordinator. III. LABORATORY TESTING The Provider will analyze water samples for Enterococci bacteria using Method 1600: Enterococci in Water by Membrane Filtration Using membrane-Enterococcus Indoxyl-$-D-Glucoside Agar (mEl) July 2006 (http://www.epa.gov/waterscience/methods/method/biological/1600.pdf) or the IDEXX EnterolertT"^ system. The entity performing laboratory testing shall have a Quality Assurance/Quality Control (QA/QC) Plan. Plans approved by other entities (state/federal/commercial) and adopted by the Provider may be considered. Upon execution of this Contract,the Provider shall provide the GLO Beach Watch Coordinator with the name, address, phone and fax numbers, and point of contact (with e-mail) for the laboratory, if separate from the Provider. IV. SAMPLING PROCEDURES Equipment and Supplies. The following equipment and supplies will be necessary for the collection of water samples by the Provider: • Insulated cooler for storage and transportation of the samples to the laboratory • Thermometer • Sample bottles—The bacteriological samples will be collected in polypropylene bottles with a capacity between 125 and 1000 milliliters (ml) to allow for adequate sample mixing. Polypropylene bottles are recommended as they may be autoclaved and will keep sample costs down. • Ice packs to keep samples cool • Waterproof adhesive labels for sample bottles • Black indelible marker to label samples • All paperwork including but not limited to Chain of Custody forms and Field Observation Forms (FOF) (Exhibit 2). Information collected on the FOF must be submitted electronically, once a month in a spreadsheet format supplied by the Beach Watch Coordinator, with the invoice reimbursement request. Sample Collection Training. Provider shall ensure trained individuals perform the collection of samples. Within 15 days after Contract execution, Provider must submit a brief description of the training of the individuals to the Beach Watch Coordinator. Sample Collection. One sample will be collected at each station. For every 10 stations sampled on any given day, a second sample must be collected at one of the stations as required by the QAPP. Samples shall be collected within arm's length of each other. Sample collection may be done side-by-side or concurrently. All water samples shall be collected as follows: DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment C GLO Contract No.21-043-001 Page 3 of 5 Step-by-Step Procedures for Local Contractors. The following procedures for sampling are based upon text taken from Part II, Section A, of the EPA publication "Microbiological Methods for Monitoring the Environment: Water and Wastes" EPA-600/8-78-017, December 1978. 1. Identify the sampling site on a chain of custody tag, if required,or on the bottle label and on a field log sheet. 2. Remove the bottle covering and closure just before obtaining each sample and protect them from contamination. Be careful not to touch the inside of the bottle itself or the inside of the cover. 3. The first sample to be prepared is the trip blank(at least one per sampling day for routine sampling is recommended). Open the sampling bottle and fill it with 100 ml of sterile buffered dilution solution when collecting freshwater, estuarine, or marine water samples. Cap the bottle and place it in a cooler. The trip blank will be used to verify samples have been maintained at the correct temperature for transportation. 4. To collect the water samples, carefully move to the first sampling location. If wading in the water, try to avoid kicking up bottom material at the sampling station. The sampler should be positioned downstream of any water current to take the sample from the incoming flow. Samples shall be collected in approximately two feet of water. 5. Open a sampling bottle,grasp it at the base with one hand, and plunge the bottle mouth downward at 90 degrees into the water to avoid introducing surface scum. Position the mouth of the bottle into the current away from the hand of the sampler. The sampling depth should be 15 to 30 centimeters (6 to 12 inches) below the water surface, depending on the depth from which the sample must be taken. Samples collected in less than the two-foot standing depth will collect the sample at the 15- centimeter (six inch) sampling depth to avoid the collection of sedimentation. Allow time for sediment settling prior to collecting the sample. If the water body is static, an artificial current can be created by moving the bottle horizontally with the direction of the bottle pointed away from the sampler. Tip the bottle slightly upward to allow air to exit and the bottle to fill. 6. Remove the bottle from the water body. 7. Pour out a small portion of the sample to allow an air space of 2.5 centimeters (1 to 2 inches)above each sample for proper mixing of the sample before analysis. [NOTE:If the bottle contains any debris, contaminants, or excessive sediment/sand, a new bottle must be used. Do not discard the water sample and refill the bottle.] 8. Tightly close the stopper and label the bottle. 9. Enter specific details to identify the sample on a permanent label. Take care in transcribing sampling information to the label. The label should be clean,waterproof, non-smearing,and large enough for the necessary information. The label must be securely attached to the sample bottle but removable when necessary. Preprinting standard information on the label can save time in the field. The marking pen or other device must be non-smearing and maintain a permanent legible mark. 10. Complete a Field Observation Form (FOF) for each beach to record the full details on sampling and other pertinent remarks, such as flooding, rain, or extreme temperature, that are relevant to interpretation of the results. This record also provides a back-up record of sample identification. 11. Place the samples in a suitable container and transport them to the laboratory as soon as possible. Adhering to sample preservation and holding time limits is critical to the production of valid data. Bacteriological samples should be iced or refrigerated at<10°C during transit to the laboratory. Use insulated containers such as plastic or Styrofoam coolers, if possible,to ensure proper maintenance of storage temperature. Take care to ensure sample bottles are not totally immersed in water during transit or storage. Process samples as soon as possible after collection. Do not hold samples longer DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment C GLO Contract No.21-043-001 Page 4 of 5 than six hours between collection and initiation of analysis (US Environmental Protection Agency, 2000). Do not analyze samples that exceed holding time limits. 12. Collect water samples for analyses of other parameters in separate appropriate containers at the same time and perform analyses as specified in the methods. 13. After collecting samples from a station, wash hands and arms with alcohol wipes, a disinfectant lotion, or soap and water, and dry to reduce exposure to potentially harmful bacteria or other microorganisms. Labeling the Samples. Each sample bottle shall be labeled with the following information: • Date and time of sample collection • Sampler's name • Sample letters and station number as identified in Appendix C of the LAPP (identify the first sample with the letter "A" after the station number, the second sample with the letter "B" and so forth) Delivery of Samples to the Laboratory. Upon completion of sample collection, Provider must deliver the samples to the designated laboratory for testing within 6 (six) hours of collection. During transport to the laboratory, all samples must remain in a cooler packed in ice. If necessary, additional ice packs may be added during the course of the sampling day. Sampling Documentation. Provider must complete a FOF for each station. Multiple stations may be included on a single FOF if all the data is the same. Provider must supply a copy of each completed FOF to the designated laboratory (if different than the Provider). The Provider shall retain all FOFs. Provider must submitted data from the FOFs electronically,once a month, in a spreadsheet format supplied by the Beach Watch Coordinator, with the invoice reimbursement request. Other indicators to be noted on the FOF shall include: • Dead fish, birds, or other animals on beach • Number of people at the site • Submerged debris in water(e.g., sargassum, dead fish, flood debris) • Debris on beach (e.g., sargassum, algae, flood debris,trash, tar balls) • Water color and water odor • Longshore current (speed and direction) V. PUBLIC NOTICE/ISSUING ADVISORIES Determining Bacteria Levels. One sample will be collected at each station and will be used to determine when an advisory shall be recommended. Where two samples are collected at a station as required in the QAPP for QA/QC purposes, the average of the two samples shall be used. Recommending/Issuing Advisories. If the average of the one(or two)samples exceeds the Single Sample Maximum Density value of 104 cfu/100ml, an advisory shall be recommended to the local government contact(s). Sampling shall continue daily until the values are back below the standard. This includes weekends and summer holidays. DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment C GLO Contract No.21-043-001 Page 5 of 5 Public Advisory. If the Provider is a local government, the Provider must issue a public advisory and post advisory signs. If Provider fails to post advisory signs, in the GLO may immediately terminate the contract. If the Provider is not a local government,the GLO will notify the local government. The Provider may post the advisories signs if authorized by the local government. VI. DATA ENTERY The Provider must submit sampling results through the Beach Watch Program's data entry website (https://s3.glo.texas.gov/beaches2009/login.cfm). Data must be entered into the website within two hours of receiving the results. Only extenuating circumstances such as power outage or Internet connectivity problems will preclude this requirement. If extenuating circumstances occur that preclude entering the data within two hours, the Provider shall notify the Beach Watch Coordinator by any means possible. VII. SPECIAL CONDITIONS 1. This project must be completed as described in this work plan. 2. The GLO must approve any changes in the scope of work and budget requests that change the total project cost. 3. GLO and Texas Beach Watch logos, must be printed on education/outreach materials, signs, and clothing when referencing information from the Texas Beach Watch program. 4. The Provider must coordinate with the GLO prior to issuing press releases, conducting media events, or otherwise engaging in media related communications for this Project. Docu�. ms;CURRb Certificate Of Completion Envelope Id: FF912AE8BCAF4C8EB21BA1AD084A4F55 Status: Completed Subject: RUSH$0 Work Order Based Contract:21-043-001 Corpus Christi-Nueces County Health District(TGLO) Source Envelope: Document Pages:40 Signatures:4 Envelope Originator: Certificate Pages:4 Initials: 7 Lance White AutoNav: Enabled 1700 Congress Ave Envelopeld Stamping: Enabled Austin,TX 78701 Time Zone: (UTC-06:00)Central Time(US&Canada) Iance.white@glo.texas.gov IP Address:72.133.103.179 Record Tracking Status: Original Holder: Lance White Location: DocuSign 8/28/2020 12:36:50 PM Iance.white@glo.texas.gov Signer Events Signature Timestamp Ben Bellomy ED Sent:8/28/2020 12:52:02 PM ben.bellomy@glo.texas.gov Viewed:8/28/2020 1:58:30 PM Attorney Signed:8/28/2020 9:24:18 PM Texas General Land Office Security Level: Email,Account Authentication Signature Adoption: Pre-selected Style (None) Using IP Address: 72.48.99.184 Electronic Record and Signature Disclosure: Not Offered via DocuSign Lucy Flores �DS Sent:8/28/2020 9:24:22 PM Iucy.flores@glo.texas.gov Viewed:8/28/2020 11:22:34 PM Texas General Land Office Signed:8/31/2020 9:14:10 AM Security Level: Email,Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address:66.68.62.68 Electronic Record and Signature Disclosure: Not Offered via DocuSign Angela Sunley ��°S Sent:8/31/2020 9:14:14 AM angela.sunley@glo.texas.gov Viewed:8/31/20202:28:57 PM Texas General Land Office Signed:8/31/2020 2:29:06 PM Security Level: Email,Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 107.77.231.139 Signed using mobile Electronic Record and Signature Disclosure: Not Offered via DocuSign Melissa Porter S Sent:8/31/2020 2:29:10 PM melissa.porter@glo.texas.gov Viewed:8/31/20202:55:59 PM Texas General Land Office Signed:8/31/2020 2:56:17 PM Security Level: Email,Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 104.59.203.99 Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer Events Signature Timestamp David Green DS Sent:8/31/2020 2:56:22 PM david.green@glo.texas.gov Viewed: 8/31/2020 3:22:31 PM Legal Services Signed:8/31/2020 3:22:57 PM Texas General Land Office Security Level: Email,Account Authentication Signature Adoption: Uploaded Signature Image (None) Using IP Address: 172.1.77.55 Signed using mobile Electronic Record and Signature Disclosure: Not Offered via DocuSign Marc BarenblatSent:8/31/2020 3:23:01 PM HSI, marc.barenblat@glo.texas.gov Viewed: 8/31/2020 3:35:41 PM Deputy General Counsel Signed:8/31/2020 3:40:14 PM Texas General Land Office Security Level: Email,Account Authentication Signature Adoption: Pre-selected Style (None) Using IP Address: 104.15.130.4 Electronic Record and Signature Disclosure: Not Offered via DocuSign Jeff GordonSent:8/31/2020 3:40:18 PM E"s jeff.gordon@glo.texas.gov Viewed: 8/31/2020 3:41:27 PM General Counsel Signed:8/31/2020 3:41:36 PM Texas General Land Office Security Level: Email,Account Authentication Signature Adoption: Pre-selected Style (None) Using IP Address: 174.197.18.215 Electronic Record and Signature Disclosure: Not Offered via DocuSign Mark A. Havens Docusignedby: Sent:8/31/2020 3:41:40 PM mark.havens@glo.texas.gov Viewed: 8/31/2020 8:16:44 PM Chief Clerk and Deputy Land Commissioner ozeeFas"E"g' Signed:8/31/2020 8:16:53 PM Texas General Land Office Security Level: Email,Account Authentication Signature Adoption: Drawn on Device (None) Using IP Address: 162.193.135.244 Signed using mobile Electronic Record and Signature Disclosure: Not Offered via DocuSign Annette Rodriguez ED—S,gnedbySent:8/31/2020 8:16:57 PM annetter@cctexas.com ^^e'I�F� F-.(K �z Viewed: 9/8/2020 12:26:45 PM Health Director 'F°9o9Z,42CEa,a_ Signed: 10/9/2020 5:02:02 PM Security Level: Email,Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address:24.155.142.154 Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp CMD Drafting Requests �� Sent:8/28/2020 12:52:02 PM draftingrequests@GLO.TEXAS.GOV Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Kelly McBride Sent:8/28/2020 12:52:02 PM kelly.mcbride@glo.texas.gov ED Director of Contract Management Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Mark Lawley Sent:8/28/2020 12:52:03 PM Mark.Lawley@glo.texas.gov ED Compliance Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Chelsa CastillejaCOPIED E Sent:8/28/2020 12:52:03 PM Chelsa.Castilleja@glo.texas.gov Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jason Pinchback � Sent:8/28/2020 9:24:22 PM jason.pinchback@glo.texas.gov ED Viewed: 8/29/2020 6:41:41 AM Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Andrea Walmus � Sent:8/28/2020 9:24:22 PM Andrea.WaImus@glo.texas.gov ED Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Janette Gibreal � Sent:8/31/2020 2:29:10 PM janette.gibreal@glo.texas.gov ED Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Gloria Maynard E Sent:8/31/2020 2:56:22 PM gloria.maynard@glo.texas.gov Texas General Land Office Security Level: Email,Account Authentication (None) Carbon Copy Events Status Timestamp Electronic Record and Signature Disclosure: Not Offered via DocuSign Stephanie Crenshaw E Sent:8/31/2020 3:40:18 PM stephanie.crenshaw@glo.texas.gov Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign HUB �� Sent: 10/9/2020 5:02:10 PM HUB@glo.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Shirley de la Cruz Sent: 10/9/2020 5:02:15 PM Shirley.De LaCruz@glo.texas.gov ED Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Angie Williams Sent: 10/9/2020 5:02:19 PM Angie.Williams@glo.texas.gov ED Interim Director, Budget and Planning Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 10/9/2020 5:02:19 PM Certified Delivered Security Checked 10/9/2020 5:02:19 PM Signing Complete Security Checked 10/9/2020 5:02:19 PM Completed Security Checked 10/9/2020 5:02:19 PM Payment Events Status Timestamps DocuSign Envelope ID:2751A3A0-882F-4FAE-A975-2DFF95905975 L A U . 5 r, w � q I WORK ORDER NO.D687 UNDER GLO CONTRACT NO.21-043-001 Pursuant to GLO CONTRACT No. 21-043-001 ("Contract") between the GENERAL LAND OFFICE ("the GLO") and CORPUS CHRISTI — NUECES COUNTY PUBLIC HEALTH DISTRICT ("Provider"), each a "Party" and collectively "the Parties," Provider is authorized to perform the services described herein, subject to the terms of this Work Order No. D687 ("Work Order"). This Work Order amends the Contract, all provisions of which not amended herein remain in force and effect. 1. PROJECT DESCRIPTION Provider shall perform or cause to be performed: collection and analysis of water samples from designated sampling stations in Aransas County, Nueces County, and San Patricio County, Texas, in accordance with the Quality Assurance Project Plan (QAPP), incorporated herein by reference in its entirety for all purposes, as if physically attached; and notification of the public of water quality advisories (the "Project"). Provider shall perform the Project in accordance with the Contract, this Work Order and all Attachments, including the Work Order Work Plan, attached hereto as Attachment A, and the QAPP. If the Contract, this Work Order, or Attachments to this Work Order conflict, such conflicts shall be resolved in the following order of precedence: first, the Contract; then attachments to the Contract in this order: Attachment A, Attachment B, Attachment C; then the Work Order, the QAPP, and Attachment A to the Work Order. 2. TASKS AND DELIVERABLES Provider must perform all tasks and submit all deliverables in accordance with the due dates and schedule in Attachment A. If Attachment A does not list a due date or schedule for a given task or deliverable, Provider must perform that task or submit that deliverable on or before the date specified by the GLO's Project Manager. 3. COMPENSATION The total compensation due to Provider for services performed and costs incurred pursuant to this Work Order is not to exceed $127,000.00.Provider will be reimbursed $55.00 for each base sample submitted and $70.00 for each repeat sample required, if any, which includes pre- approved travel, pre-approved supplies, and all other pre-approved expenses related to the performance of the Project. 4. SUBMISSION OF INVOICES Provider must submit invoices to the GLO in accordance with the Contract, this Work Order and Attachment A. Failure to submit invoices as instructed may significantly delay payment under the Work Order. 5. PERFORMANCE PERIOD This Work Order is effective on September 1, 2022 and shall terminate upon the earlier of the completion of the Project, in the GLO's sole determination, or August 31, 2023 ("Performance Period"). Work Order No.D687 Under GLO Contract No.21-043-001 Page I of 2 DocuSign Envelope ID:2751A3A0-882F-4FAE-A975-2DFF95905975 6. TERMINATION OR INTERRUPTION OF WORK The GLO reserves the right to, at any time during the Performance Period, terminate, halt, or defer all or any portion of the work included in the Scope of Services of this Work Order. If such an event occurs: (1) Provider must follow all directions included in the GLO's notice; and (2) the Parties agree that the Work Order may require revision by written Amendment. 7. AMENDMENTS TO WORK ORDER Material changes to this Work Order may be made only by written agreement of the Parties. Notwithstanding the preceding, the GLO Project Manager may approve extensions to Deliverable Due Dates within the confines of the Performance Period. Such approvals must be in writing, and may be delivered by regular mail, electronic mail, or facsimile transmission; and shall become part of the GLO's Project file. SIGNATURE PAGE FOLLOWS Work Order No.D687 Under GLO Contract No.21-043-001 Page 2 of 2 DocuSign Envelope ID:2751A3A0-882F-4FAE-A975-2DFF95905975 SIGNATURE PAGE FOR WORK ORDER NO.D687 UNDER GLO CONTRACT NO.21-043-001 GENERAL LAND OFFICE CORPUS CHRISTI—NUECES COUNTY PUBLIC HEALTH DISTRICT DocuSigned by: DocuSigned by: By: S{t vet, clic Va zs -4374E 7... 7§tW99VT8ra ME&A. ilavens, Chief Clerk/ Name: Deputy Land Commissioner Title: Assistant City Manager/Interim Health Director Date of execution: 8/24/2022 Date of execution:8/24/2022 DS OGC �� Ds PM DS DIR Ds DD ^Ds,,,/ SDD 'N'/"' DGC 1s 1:k15 ER GC ATTACHMENT TO THIS WORK ORDER: ATTACHMENT A—WORK ORDER WORK PLAN INCORPORATED BY REFERENCE: QUALITY ASSURANCE PROJECT PLAN ATTACHMENT FOLLOWS Two Reading Ordinance Ordinance authorizing execution of Texas Beach Watch (TBW) grant contract with General Land Office (GLO) to perform collection and analysis of water samples from designated sampling stations and notification of the public water quality advisories to the public. For the contract period September 1 , 2022, through August 31, 2023("Fiscal Year 2023" or "FY2023"). City Council September 13, 2022 Background and Staff Recommendation • General Land Office (GLO) Texas Beach Watch (TBW) Grant o To be used for collection and analysis of water samples from designated sampling stations in Aransas, Nueces, and San Patricio Counties, Texas; all procedures required by, and in accordance with, the QAPR Provider shall perform project tasks in accordance with this Contract and the details in any Work Order(s) issued under this Contract. o Contract shall be effective as of the earlier of September 1, 2020 and shall terminate on August 31, 2025 o Work Order is effective on September 1,2022 and shall terminate or August 31, 2023 City Council September 13, 2022 Background and Staff Recommendation o Total compensation due to Provider for services performed and costs incurred pursuant to this Work Order is not to exceed $127,000.00. o Provider will be reimbursed $55.00 for each base sample submitted o Provider will be reimbursed $70.00 for each repeat sample required. o Fiscal impact- No fiscal impact for FY2023. o All positions are 100% grant funded. o Staff Recommendation: Approval of the two-reading ordinance. City Council September 13, 2022 SC w 0 H V CoRPORPIg4 1$5AGENDA MEMORANDUM 2+ City Council Meeting of September 13 2022 DATE: August 30, 2022 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P.E., Director of Engineering Services jeffreyECa)-cctexas.com (361) 826-3851 UPDATE City Council Chambers Modernization Project STAFF PRESENTER(S): Name Title/Position Department 1. Jeff H. Edmonds, P.E. Director Engineering Services OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Nick Gignac Architectural Associate Gignac Architects BACKGROUND: Engineering Services project update for interior renovation and modernization of the Corpus Christi City Hall City Council Chambers. This project includes the interior design of the finishes (walls, flooring, ceiling), lighting, and millworks. In addition, the project will also include the replacement of the public seating and addition of permanent seating to extend the public seating area. The project will also remove the rear storage closet and double doors, improve acoustical integrity, and make other improvements necessary to support A/V scope by City IT. The City Council Chambers were first constructed in 1988 and have not received any improvements since. The improvements of this project will bring the equipment up to current standard and provide for additional seating for the public to attend the Council meetings. LIST OF SUPPORTING DOCUMENTS: PowerPoint— Presentation- Engineering Services Project Update Page 1 of 1 CITY OF CORPUS CHRISTI City Council Chambers Modernization (9 GIGNAC I ARCHITECTS C1W OF September 13, 2022 COMM CHRISM �p u s cH +1 's, CITY OF CORPUS CHRISTI City Council Chambers Modernization General Scope of Project: • Modernizing the council chambers and rear council chambers interior design of the finishes walls, flooring, ceilings) • Modernizing the lighting • Modernizing the council seating area and dais • Improvements to executive session conference room and support spaces • Replacing the public seating • Relevant electrical and mechanical modifications • Relevant electrical modifications • Support of new AN and IT Improvements August 30 2022 �p u s cH +1 's, CITY OF CORPUS CHRISTI City Council Chambers Modernization `'X852 • Proposed Project Schedule • Council Design Briefing August 30, 2022 • Drawings Finalized for Bidding September 6, 2022 • Procurement Begins September 7, 2022 • Procurement Ends October 19, 2022 • Construction begins November 1, 2022 • Construction Complete May 1 st,2023 August 30, 2022 CITY OF CORPUS CHRISTI A,olp T t �! i h I luGIGNAC F ARCHITECTS I , i GIGNAC lbARCHITECTS h: j1j1 I q; 1 x, ',,. AAs! r^ y l� GIGNAC A R C H I T E C T S G I G N A C ARCHITECTURE • . MANAGEMENT 416 STARR STREET I CORPUS CHRISTI, TEXAS 78401 1 TEL: 361.884.2661 1361.884.4232 so �o p A v µoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting September 6, 2022 DATE: September 6, 2022 TO: Peter Zanoni, City Manager THROUGH: Constance P. Sanchez, Chief Financial Officer constancep ctcctexas.com (361) 826-3189 FROM: Linda Stewart, Director of Neighborhood Services lindas2(a)cctexas.com 361.826.3862 Building Standards Board Hearing Appeal for 625 Atlantic Street CAPTION: Resolution upholding the Building Standards Board's order to demolish dilapidated/ substandard structures located at 625 Atlantic Street and owned by Armando B. De Los Santos and Amelia G. De Los Santos SUMMARY: Armando B. De Los Santos and Amelia G. De Los Santos, has requested the City Council to hear and consider an appeal of a decision of the Building Standards Board regarding property located at 625 Atlantic Street. BACKGROUND AND FINDINGS: The property at 625 Atlantic Street is owned by Armando B. De Los Santos and Amelia G. De Los Santos. The structure at 625 Atlantic Street is Fire Damage Substandard Structure. Due to the substandard and dilapidated condition of the structure at 625 Atlantic Street, on May 26, 2022, the Building Standards Board ordered the fire damage structure at 625 Atlantic Street to be removed or demolished by the owner, lienholder or mortgagee within 30 days. If demolition is not started and completed as required, then the City be authorized to demolish. Per section 13-24 of the Code, an owner or occupant may appeal a decision of the Board to the City Council. The City Charter, Article VI, Section 2, states that appeals shall be perfected by filing a sworn notice of appeal with the City Secretary within thirty (30) days from the date of the decision. Armando B. De Los Santos and Amelia G. De Los Santos submitted a notice of appeal in writing on June 27, 2022, within the 30 days of the decision. During an appeal, the City Council acts in a quasi-judicial capacity to determine the facts and to determine whether the structure requires demolition. After hearing presentations from staff and from the appellant, the Council can decide to uphold the Building Standards Board order or to reverse the Board's order in whole or in part. Under Section 13-24(b), the Council may vary the application of any provision of Chapter 13 of the City Code when the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this Code, the Corpus Christi Property Maintenance Code or public interest or when, in its opinion, the decision of the board should be modified or reversed. A decision of the City Council to vary the application of any provision of the Code or the Corpus Christi Property Maintenance Code, or to modify an order of the board in whole or in part shall specify in what manner such modification is made, the conditions upon which it is made and the reasons therefore. The decision of the City Council shall be final unless the aggrieved party appeals by instituting suit for that purpose in any court having jurisdiction within 15 days from date on which the decision of the City Council was rendered. ALTERNATIVES: 1. Motion to reverse the Board's order in whole or in part. FISCAL IMPACT: Non-applicable Funding Detail: Fund: Non-Applicable Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Uphold Building Standards Board order to demolish the property located at 625 Atlantic Street. LIST OF SUPPORTING DOCUMENTS: • Resolution — Upholding Building Standards Board order to demolish the property located at 625 Atlantic Street within 30 days. • Final Order of Building Standard Board Case No. V172254-011122 • Minutes of Building Standards Board Meeting May 26, 2022 • Case Timeline for 625 Atlantic Street • Location Map & Aerial photo 625 Atlantic Street • Photos presented to the Board • Notice of Appeal by Armando B. De Los Santos and Amelia G. De Los Santos Resolution upholding the Building Standards Board's orders to demolish dilapidated/substandard structures located at 625 Atlantic Street owned by Armando B. De Los Santos and Amelia G. De Los Santos. Whereas, the Building Standards Board (the "Board") held a public hearing on May 26, 2022, at 1 :30pm regarding substandard structures located at 625 Atlantic Street and after making certain findings ordered the structures or premises be removed or demolished by the owner, lien holder or mortgagee, within thirty (30) days pursuant to the attached Final Order of the Building Standards Board Case No. V1 72254-011122-1 Whereas, Armando B. De Los Santos, the owner of the structures at 625 Atlantic Street, (the "Appellant") filed a written notice of appeal of the Board's order with the City Secretary's Office on June 25, 2022, in accordance with Section 13-24 (a) City of Corpus Christi Code of Ordinances (the "Code") and Article VI, Section 2 of the City Charter (the "Charter"); Whereas, the filing of the appeals stayed the Board's orders; Whereas, Section 13-24(a) of the Code and Article VI, Section 2 of the Charter authorize the City Council to hear Appeals of the Board's decision; therefore, this Council properly has jurisdiction of these appeals; Whereas, after hearing the evidence, the City Council makes the following findings related to the substandard buildings located at 625 Atlantic Street: (1) the decision of the Board was not erroneous, and (2) that the decision of the Board would not cause undue hardship. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Council declares the recitals in the above paragraphs are true and correct. SECTION 2. The Final Order of the Building Standards Board of Appeals, Case No. No. V1 72254-011122, for 625 Atlantic Street is upheld. SECTION 3. The Appellant's appeal is hereby denied. SECTION 4. This final decision of the City may be personally delivered to the owner, mailed to the owner by first class mail with certified return receipt requested, or delivered to the owner by the United States Postal Service using signature confirmation service. SECTION 5. The City may vacate, secure, remove, or demolish the buildings or relocate the building occupants if the action ordered by the Board is not taken by October 6, 2022. PASSED AND APPROVED on the day of , 2022: Paulette 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 Guajardo City Secretary Mayor Page 2 of 2 fey, ai ,gay$ e _ f,N :SI.1 1 i 1 _ a 4 4 '�► ��r�g'�4 �✓is�fi���,' Mks� �-.. 625 A f.Wk �"S� !�IA '. esz "r¢ Ms Atlantic 625 RESIDENTIAL & ACCESSORY s R Ivy IV 11/' �t`:a��li ow�gi �.�il �� i ` ri►� �M1� y��gp 1,q+l�,S� �O �p !�1 i la�►�*q�ev "�i�' s•_�:�l vs c1'� �d� �`� � �'.��, >r `�a ,'���`>i� ys "a���, :'����'q� ��"� °� /� e` '��+ � � Y=' �• A.9+ �� "� ?�'��iP1{�f o���4�.S� {, gyp fs "r r „ � `mow ,_ � �"���.���e•_�'��' ��, * aJ YA � f� � � /t i.• r� r 1 i � t ►� 14 , .? ] 1�1�M��i��i� �, .. � :��' •i!4s`L � fc� 'fir, r .:��+ i � ��:��I� �'!/ lam% �� v �Lri i i1Pt •,�(� is ' ��� p 7a �a �'� � # moi►' {O> f 3 � \bi � ` Fit 7 + b.Or a' ,`• ' ! �o aEN s:`• a �3<' O {� , , bk • e . - T i r" NS • � l E� 4 i r - W1. r wJ Loa yAll ID VAIj ,��...' ►A;, ;�� 1, _�. ��^�y�. •,�Z��. fir:.9 �'��j�%►''�►'•�r � �°�'',!�'� ,9-4,0g Aid "A r' � a, , a s. r ,;_',„�K_: �,, k _._ .�_ �-s=„_ �� ,�.., ..__ _ - n . ----� w., __,, _ __ _.____- ------ ®—�--z_______---�, __ __ _ _ __ � --w-�,--�� .�r,,�..,�,�,��-�-- 1NO ;ice`� •�, �, L s 1D� 44 — 5 � oxer. 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S 3 tPR V ' WI '� MIA �� ������i� �=i!�i��'� �5e !'!- s r I fie.._, y � +� 9`.E` ) Ota„�a��'a c3 •�-e,.''�Y �+P'� �'���i S�f "k' � ��I`" ���"O,.. <° /� 'r7i w.� ate' .a '$a � w u. '�o e i t i� �r�a e- �A, of• �. s d ,� o�y "t �p� �1� �r ^S :a' A►' ,R� r9a®sI 7G / I �1�s\s- A� ?+ i'�® «tv���i6. , �ry b6y� .i,'err -bRe 'mc�,Y,�e;,. ��► �AU�X'���=s„iii -�•�.' _ �®c ' 3 e11 I =pm e : �•'� � — o � _v g !,Arg, PA ZP 4 - �Y r Code Enforcement Division 5/26/2022 CERTIFIED LETTER#7020 1290 0000 7519 6197 AMELIA G. DE LOS SANTOS C/O MICHAEL DE LOS SANTOS RE: 625 ATLANTIC ST PO BOX 2934 Legal Description: DEL MAR LT 16 BK 40 CORPUS CHRISTI,TX. 78403 The Building Standards Board (hereinafter, "Board") met at 1:30 P.M. on 05/26/2022 in the Council Chambers, 1201 Leopard,to hear matters concerning the substandard building(s) located at the above referenced property. In reference to the substandard building(s),the Final Order of the Board's decision is enclosed. The Final Order specifies the time allowed for the owner, lienholder, and/or mortgagee to comply with the Board's Final Order.The time permitted commences from the date listed on the enclosed Order.An appeal of this Board's decision may be made to the City Council under the provisions of Corpus Christi Code Sec. 13-24-Appeals. It may be necessary for the owner, lienholder, and/or mortgagee to obtain the proper permits before initiating demolition or repairs ordered by the Board.A permit can be obtained at Development Services located at 2406 Leopard Street,Corpus Christi,Texas. Please contact Diana T. Garza, Building Standards Board Liaison, if you have any questions regarding this matter. She can be reached at(361)826-3009. Sincerely, Diana T. Garza Building Standards Board Liaison Code Enforcement Division Attachment: FINAL ORDER OF THE BUILDING STANDARDS BOARD Case number: V172254-011122 P.O. Box 9277 Corpus Christi,Texas 78469-9277 • (361)826-3046 • http://www.cctexas.com/ FINAL ORDER OF THE BUILDING STANDARDS BOARD Case No. V172254-011122 Property Owner(s)/Lienholder(s)/Mortgagee(s) RE: 625 ATLANTIC ST AMELIA G. DE LOS SANTOS C/O MICHAEL DE LOS SANTOS Legal Description: DEL MAR LT 16 BK 40 PO BOX 2934 CORPUS CHRISTI,TX. 78403 This Final Order is.issued pursuant to the authority granted to the Building Standards Board ("Board") of the City of Corpus Christi, ("City"), Nueces County,Texas in accordance with the Charter of the City, Chapter 13 of the City's Code of Ordinances ("Code") and the Texas Local Government Code. On_05/26/2022_,the City of Corpus Christi Building and Standards Board held a public hearing and made the following findings regarding the building(s) or structure(s)located at the above referenced property: 1. Pursuant to the provisions of Chapter 13 of the Code, on_1/11/2022_an inspection for substandard conditions was made of the building(s) or structure(s) located within the City at the above referenced property; 2. On_2/28/2022—a notice of violation(s) and request to correct the violation(s)was sent to the owner(s), lienholder(s), mortgagee(s) and all known interested parties. Additionally, on _03/17/2022_notice of violation(s)was published in the Corpus Christi Caller Times; 3. Thirty days elapsed since the notice of violation(s)was received and/or published,and such violation(s)was not cured; 4. Code Official, Diana T. Garza,filed a complaint with the Chairman of the Board regarding the above referenced property on_05/02/2022_, and the public hearing was held not less than ten days and not more than 45 days after the complaint was filed; 5. Notice of the public hearing was sent to the owner(s), lienholder(s), mortgagee(s) and all known interested parties on_5/3/2022 which was at least ten day prior to the public hearing. Additionally, on_05/02/2022 notice of the public hearing was published in the Corpus Christi Caller Times; 6. After considering the testimony and reviewing the documentation and information submitted by City Staff and after affording the owner, lienholder, mortgagee(s),and/or other interested parties the opportunity to address the Board and present testimony, documentation and information,the Board finds the buildings) or structure(s) located at the above referenced property is substandard and constitutes a nuisance. 7. The City will vacate, secure, remove, or demolish the building or relocate the building occupants if the action ordered below is not taken within the allotted time. 8. If there are items of personal property in the premises to be demolished,the owner is ordered to remove personal property from the premises within 30 days of the date of this Order. If such items of personal property are not removed from the premises within 30 days,they shall be placed in storage for 90 days. During this period,they may be redeemed by the owner after all costs incurred in placing the items in storage and all accumulated storage fees have been paid. If the property is not redeemed within 90 days,the City may cause the same to be sold at auction. The proceeds of the sale shall be used to pay for any costs incurred in the storage of the property, and any excess amount shall be set off against the cost of demolition to be charged to the owner. The Board ORDERS: The substandard building(s)or structure(s)shall be securest by the owner(s), lienholder(s),and/or mortgagee(s)from unauthorized entry within 30 days. OR The Board finds the substandard building(s)or structure(s) can reasonably be repaired so as to comply with the code;therefore,the Board ORDERS: The substandard building(s) or structure(s)shall be repaired bythe owner(s), lienholder(s),and/or mortgagee(s)within 30 days. Repairs must comply with City Ordinance Section 13-22(g). The substandard building(s) or structure(s)shall be repaired by the owner(s), lienholder(s),and/or mortgagee(s)within_(31 to 90) days. Repairs must comply with City Ordinance Section 13-22(g). Further,the owner(s), lienholder(s),and/or mortgagee(s) shall secure the property in a reasonable manner from unauthorized entry while the work is being performed,and work shall be commenced and performed in accordance with the time schedules established by the Board,to wit: OR The Board finds the substandard building(s) or structure(s) is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin-infested that it creates a serious hazard to the health or safety of the occupants or the public;therefore, the Board ORDERS: The substandard building(s)or structure(s)shall be vacated by the owner(s),lienholder(s),and/or mortgagee(s)within_days. The building(s) or structure(s)shall be placarded to prevent occupancy until the building(s) or structure(s) is brought up to all minimum standards of the code by the owner(s), lienholder(s), and/or mortgagee(s)within 30 days. The substandard building(s) or structure(s)shall be vacated by the owner(s), lienholder(s),and/or mortgagee(s)within_days. The building(s) or structure(s)shall be placarded to prevent occupancy until the building(s) or structure(s) is brought up to all minimum standards of the code within_(31 to 90) days. Further,the owner(s), lienholder(s),and/or mortgagee(s) shall secure the property in a reasonable manner from unauthorized entry while the work is being performed, and work shall be commenced and performed in accordance with the time schedules established by the Board,to wit: OR The Board finds the building(s),structure(s) or premises cannot be repaired because of the refusal of the owner(s) or its intrinsic state of disrepair or both and is dilapidated or substandard;therefore,the Board ORDERS: The dilapidated or substandard building(s), structure(s), or premises shall be removed or demolished and removed by the owner(s), lienholder(s),and/or mortgagee(s) within 30 days. The dilapidated or substandard building(s), structure(s), or premises shall be removed or demolished and removed by the owner(s), lienholder(s),and/or mortgagee(s),within_(31 to 90)days. Further,the owner(s),lienholder(s), and/or mortgagee(s) shall secure the propertyin a reasonable manner from unauthorized entry while the work is being performed,and work shall be commenced and performed in accordance with the time schedules established by the Board,to wit: OR The Board finds that the owner(s), lienholder(s), and/or mortgagee(s) has submitted a detailed plan and schedule for the repair/removal/demolition (circle one)of the building(s) or structure(s) and the owner(s),lienholder(s) and/or mortgagee(s) has established that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work;therefore,the Board ORDERS: The dilapidated or substandard building(s) or structure(s)shall be repaired/removed/demolished (circle one) by the owner(s), lienholder(s),and/or mortgagee(s)within_days. Repairs must comply with City Ordinance Section 13-22(g). Further,the owner(s), lienholder(s),and/or mortgagee(s)shall secure the property in a reasonable manner from unauthorized entry while the work is being performed,and work shall be commenced and performed in accordance with the detailed plan and schedule submitted to the Board and approved by the Board. The detailed plan and schedule approved by the Board is attached and incorporated by reference to this Order and includes the amendments and/or additions noted below: _ The owner(s), lienholder(s),and/or mortgagee(s) shall submit monthly progress reports to the Code Enforcement Division to demonstrate compliance with the time schedules established for commencement and performance of the work. The owner(s), lienholder(s),and/or mortgagee(s) shall report bi-monthly to the Board to demonstrate compliance with the time schedules for the work, beginning on and continuing throughout the pendency of the approved schedule. The Board further finds the above referenced property, including structures or improvements on the property, exceeds$100,000 in total value;therefore,the owner(s), lienholder(s), and/or mortgagee(s) shall post a cash or surety bond in an amount adequate to cover the cost of repairing, removing or demolishing the building or structure not later than the 30"day from the date of this Order. Coretta Graham GAINST Catherine Giffin GAINST Johanna Ortiz 0 AGAINST Merced Pena (alternate) FOR/AGAINST' Monica Pareso AGAINST John Solberg <FO GAINST 4Siggned this2p" day of ,2022. fled 5121 z2 der the authority of the Board: Signed under the author4ofBoard: Chairperson Vice-Chairperson 1 � Filed with the City Secretary: t? ecc. Huerta City Secretary Code Enforcement Division oivre�o� 5/26/2022 AMELIA G. DE LOS SANTOS C/O MICHAEL DE LOS SANTOS RE: 625 ATLANTIC ST PO BOX 2934 Legal Description: DEL MAR LT 16 BK 40 CORPUS CHRISTI,TX. 78403 The Building Standards Board (hereinafter, "Board") met at 1:30 P.M.on 05/26/2022 in the Council Chambers, 1201 Leopard,to hear matters concerning the substandard building(s) located at the above referenced property. In reference to the substandard building(s),the Final Order of the Board's decision is enclosed. The Final Order specifies the time allowed for the owner, lienholder, and/or mortgagee to comply with the Board's Final Order.The time permitted commences from the date listed on the enclosed Order.An appeal of this Board's decision may be made to the City Council under the provisions of Corpus Christi Code Sec. 13-24-Appeals. It may be necessary for the owner, lienholder, and/or mortgagee to obtain the proper permits before initiating demolition or repairs ordered by the Board.A permit can be obtained at Development Services located at 2406 Leopard Street, Corpus Christi,Texas. Please contact Diana T. Garza, Building Standards Board Liaison, if you have any questions regarding this matter.She can be reached at (361)826-3009. Sincerely, Diana T. Garza Building Standards Board Liaison Code Enforcement Division Attachment: FINAL ORDER OF THE BUILDING STANDARDS BOARD Case number: V172254-011122 P.O. Box 9277 Corpus Christi,Texas 78469-9277 • (361)826-3046 • http://www.cctexas.com/ FINAL ORDER OF THE BUILDING STANDARDS BOARD Case No. V1722S4-011122 Property Owner(s)/Lienholder(s)/Mortgagee(s) RE: 625 ATLANTIC ST AMELIA G. DE LOS SANTOS C/O MICHAEL DE LOS SANTOS Legal Description: DEL MAR LT 16 BK 40 PO BOX 2934 CORPUS CHRISTI,TX. 78403 This Final Order is issued pursuant to the authority granted to the Building Standards Board ("Board") of the City of Corpus Christi, ("City"), Nueces County,Texas in accordance with the Charter of the City, Chapter 13 of the City's Code of Ordinances("Code") and the Texas Local Government Code. On_05/26/2022,the City of Corpus Christi Building and Standards Board held a public hearing and made the following findings regarding the building(s) or structure(s)located at the above referenced property: 1. Pursuant to the provisions of Chapter 13 of the Code,on_1/11/2022_an inspection for substandard conditions was made of the building(s) or structure(s) located within the City at the above referenced property; 2. On_2/28/2022—a notice of violation(s) and request to correct the violation(s)was sent to the owner(s), lienholder(s), mortgagee(s) and all known interested parties. Additionally, on_03/17/2022_notice of violation(s)was published in the Corpus Christi Caller Times; 3. Thirty days elapsed since the notice of violation(s)was received and/or published,and such violation(s)was not cu red; 4. Code Official, Diana T.Garza,filed a complaint with the Chairman of the Board regarding the above referenced property on_05/02/2022,and the public hearing was held not less than ten days and not more than 45 days after the complaint was filed; 5. Notice of the public hearing was sent to the owner(s), lienholder(s), mortgagee(s) and all known interested parties on_5/3/2022_,which was at least ten day prior to the public hearing. Additionally,on^05/02/2022 notice of the public hearing was published in the Corpus Christi Caller Times; 6. After considering the testimony and reviewing the documentation and information submitted by City Staff and after affording the owner, lienholder, mortgagee(s), and/or other interested parties the opportunity to address the Board and present testimony, documentation and information,the Board finds the building(s) or structure(s) located at the above referenced property is substandard and constitutes a nuisance. 7. The City will vacate,secure, remove,or demolish the building or relocate the building occupants if the action ordered below is not taken within the allotted time. 8. If there are items of personal property in the premises to be demolished,the owner is ordered to remove personal property from the premises within 30 days of the date of this Order. If such items of personal property are not removed from the premises within 30 days,they shall be placed in storage for 90 days. During this period,they may be redeemed by the owner after all costs incurred in placing the items in storage and all accumulated storage fees have been paid. If the property is not redeemed within 90 days,the City may cause the same to be sold at auction. The proceeds of the sale shall be used to pay for any costs incurred in the storage of the property, and any excess amount shall be set off against the cost of demolition to be charged to the owner. The Board ORDERS: The substandard building(s) or structure(s)shall be secured bythe owner(s), lienholder(s),and/or mortgagee(s)from unauthorized entry within 30 days. OR The Board finds the substandard building(s)or structure(s)can reasonably be repaired so as to comply with the code;therefore,the Board ORDERS: The substandard building(s) or structure(s)shall be repaired by the owner(s), lienholder(s),and/or mortgagee(s)within 30 days. Repairs must comply with City Ordinance Section 13-22(g). The substandard building(s) or structure(s)shall be repaired by the owner(s),lienholder(s),and/or mortgagee(s)within_(31 to 90) days. Repairs must comply with City Ordinance Section 13-22(g). Further,the owner(s), lienholder(s),and/or mortgagee(s)shall secure the property in a reasonable manner from unauthorized entry while the work is being performed,and work shall be commenced and performed in accordance with the time schedules established by the Board,to wit: OR The Board finds the substandard building(s) or structure(s) is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin-infested that it creates a serious hazard to the health or safety of the occupants or the public;therefore, the Board ORDERS: The substandard building(s)or structure(s)shall be vacated by the owner(s),lienholder(s),and/or mortgagee(s)within_days. The building(s) or structure(s)shall be placarded to prevent occupancy until the building(s) or structure(s) is brought up to all minimum standards of the code by the owner(s), lienholder(s),and/or mortgagee(s)within 30 days. The substandard building(s) or structure(s)shall be vacated by the owner(s), lienholder(s),and/or mortgagee(s)within_days. The building(s) or structure(s)shall be placarded to prevent occupancy until the building(s) or structure(s) is brought up to all minimum standards of the code within_(31 to 90) days. Further,the owner(s),lienholder(s),and/or mortgagee(s)shall secure the property in a reasonable manner from unauthorized entry while the work is being performed,and work shall be commenced and performed in accordance with the time schedules established by the Board,to wit: OR The Board finds the building(s),structure(s)or premises cannot be repaired because of the refusal of the owner(s) or its intrinsic state of disrepair or both and is dilapidated or substandard;therefore,the Board ORDERS: The dilapidated or substandard building(s), structure(s), or premises shall be removed or demolished and removed by the owner(s), lienholder(s),and/or mortgagee(s) within 30 days. The dilapidated or substandard building(s), structure(s), or premises shall be removed or demolished and removed by the owner(s), lienholder(s),and/or mortgagee(s),within_(31 to 90) days. Further,the owner(s), lienholder(s), and/or mortgagee(s) shall secure the property in a reasonable manner from unauthorized entry while the work is being performed, and work shall be commenced and performed in accordance with the time schedules established by the Board,to wit: OR The Board finds that the owner(s), lienholder(s),and/or mortgagee(s) has submitted a detailed plan and schedule for the repair/removal/demolition (circle one) of the building(s) or structure(s) and the owner(s), lienholder(s) and/or mortgagee(s) has established that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work;therefore,the Board ORDERS: The dilapidated or substandard building(s) or structure(s) shall be repaired/removed/demolished (circle one) by the owner(s), lienholder(s), and/or mortgagee(s)within_days. Repairs must comply with City Ordinance Section 13-22(g). Further,the owner(s), lienholder(s),and/or mortgagee(s)shall secure the property in a reasonable manner from unauthorized entry while the work is being performed,and work shall be commenced and performed in accordance with the detailed plan and schedule submitted to the Board and approved by the Board. The detailed plan and schedule approved by the Board is attached and incorporated by reference to this Order and includes the amendments and/or additions noted below: _ The owner(s), lienholder(s),and/or mortgagee(s) shall submit monthly progress reports to the Code Enforcement Division to demonstrate compliance with the time schedules established for commencement and performance of the work. _ The owner(s), lienholder(s), and/or mortgagee(s) shall report bi-monthly to the Board to demonstrate compliance with the time schedules for the work, beginning on and continuing throughout the pendency of the approved schedule. The Board further finds the above referenced property, including structures or improvements on the property,exceeds$100,000 in total value;therefore,the owners), lienholder(s), and/or mortgagee(s) shall post a cash or surety bond in an amount adequate to cover the cost of repairing, removing or demolishing the building or structure not later than the 30th day from the date of this Order. Coretta Graham <WAGAINST Catherine Giffin <jHD4GAINST Johanna Ortiz 0 AGAINST Merced Pena (alternate) FOR/AGAINST Monica Pareso AGAINST John Solberg FO GAINST 4Sigrned is day of ,2022. fled er the authority of the Board: Signed under the authority of Board: Chairperson 4Recc — Vice-Chairperson �,1�rFiled with the City Secretary: B 14ue rtB City Secretary Code Enforcement Division f 5/26/2022 CERTIFIED LETTER#7020 1290 0000 7519 6180 ARMANDO B. DE LOS SANTOS C/O MICHAEL DE LOS SANTOS RE: 625 ATLANTIC ST PO BOX 2934 Legal Description: DEL MAR LT 16 BK 40 CORPUS CHRISTI,TX. 78403 The Building Standards Board (hereinafter, "Board") met at 1:30 P.M.on 05/26/2022 in the Council Chambers, 1201 Leopard,to hear matters concerning the substandard building(s) located at the above referenced property. In reference to the substandard building(s), the Final Order of the Board's decision is enclosed. The Final Order specifies the time allowed for the owner, lienholder, and/or mortgagee to comply with the Board's Final Order.The time permitted commences from the date listed on the enclosed Order.An appeal of this Board's decision may be made to the City Council under the provisions of Corpus Christi Code Sec. 13-24-Appeals. It may be necessary for the owner, lienholder, and/or mortgagee to obtain the proper permits before initiating demolition or repairs ordered by the Board. A permit can be obtained at Development Services located at 2406 Leopard Street, Corpus Christi,Texas. Please contact Diana T. Garza, Building Standards Board Liaison, if you have any questions regarding this matter. She can be reached at (361)826-3009. Sincerely, Diana T. Garza Building Standards Board Liaison Code Enforcement Division Attachment: FINAL ORDER OF THE BUILDING STANDARDS BOARD Case number: V172254-011122 P.O. Box 9277 Corpus Christi,Texas 78469-9277 • (361)826-3046 • http://www.cctexas.com/ ' FINAL ORDER OF THE BUILDING STANDARDS BOARD Case No. V172254-011122 Property Owner(s)/Lienholder(s)/Mortgagee(s) RE: 625 ATLANTIC ST ARMANDO B. DE LOS SANTOS C/O MICHAEL DE LOS SANTOJegal Description: DEL MAR LT 16 BK 40 PO BOX 2934 CORPUS CHRISTI,TX. 78403 This Final Order is issued pursuant to the authority granted to the Building Standards Board ("Board") of the City of Corpus Christi, ("City"), Nueces County,Texas in accordance with the Charter of the City, Chapter 13 of the City's Code of Ordinances("Code") and the Texas Local Government Code. On_05/26/2022 the City of Corpus Christi Building and Standards Board held a public hearing and made the following findings regarding the building(s) or structure(s)located at the above referenced property: 1. Pursuant to the provisions of Chapter 13 of the Code,on_1/17./2022_an inspection for substandard conditions was made of the building(s) or structure(s) located within the City at the above referenced property; 2. On_2/28/2022—a notice of violation(s) and request to correct the violation(s)was sent to the owner(s), lienholder(s), mortgagee(s) and all known interested parties. Additionally, on_03/17/2022_notice of violation(s)was published in the Corpus Christi Caller Times; 3. Thirty days elapsed since the notice of violation(s)was received and/or published,and such violation(s)was not cured; 4. Code Official, Diana T. Garza,filed a complaint with the Chairman of the Board regarding the above referenced property on_05/02/2022_, and the public hearing was held not less than ten days and not more than 45 days after the complaint was filed; 5. Notice of the public hearing was sent to the owner(s), lienholder(s), mortgagee(s) and all known interested parties on_5/3/2022 which was at least ten day prior to the public hearing. Additionally, on_05/02/2022 notice of the public hearing was published in the Corpus Christi Caller Times; 6. After considering the testimony and reviewing the documentation and information submitted by City Staff and after affording the owner, lienholder, mortgagee(s), and/or other interested parties the opportunity to address the Board and present testimony, documentation and information,the Board finds the building(s) or structure(s) located at the above referenced property is substandard and constitutes a nuisance. 7. The City will vacate, secure, remove,or demolish the building or relocate the building occupants if the action ordered below is not taken within the allotted time. 8. If there are items of personal property in the premises to be demolished,the owner is ordered to remove personal property from the premises within 30 days of the date of this Order. If such items of personal property are not removed from the premises within 30 days,they shall be placed in storage for 90 days. During this period,they may be redeemed by the owner after all costs incurred in placing the items in storage and all accumulated storage fees have been paid. If the property is not redeemed within 90 days,the City may cause the same to be sold at auction. The proceeds of the sale shall be used to pay for any costs incurred in the storage of the property, and any excess amount shall be set off against the cost of demolition to be charged to the owner. The Board ORDERS: The substandard building(s) or structure(s)shall be secured by the owner(s), lienholder(s),and/or mortgagee(s)from unauthorized entry within 30 days. OR The Board finds the substandard building(s)or structure(s) can reasonably be repaired so as to comply with the code;therefore,the Board ORDERS: The substandard building(s) or structure(s)shall be repaired by the owner(s), lienholder(s), and/or mortgagee(s)within 30 days. Repairs must comply with City Ordinance Section 13-22(g). The substandard building(s) or structure(s)shall be repaired by the owner(s), lienholder(s), and/or mortgagee(s)within_(31 to 90) days. Repairs must comply with City Ordinance Section 13-22(g). Further,the owner(s), lienholder(s),and/or mortgagee(s) shall secure the property in a reasonable manner from unauthorized entry while the work is being performed,and work shall be commenced and performed in accordance with the time schedules established by the Board,to wit: OR The Board finds the substandard building(s) or structure(s) is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin-infested that it creates a serious hazard to the health or safety of the occupants or the public;therefore, the Board ORDERS: The substandard building(s) or structure(s)shall be vacated by the owner(s),lienholder(s),and/or mortgagee(s)within_days. The building(s) or structure(s)shall be placarded to prevent occupancy until the building(s) or structure(s) is brought up to all minimum standards of the code by the owner(s), lienholder(s),and/or mortgagee(s)within 30 days. The substandard building(s) or structure(s)shall be vacated by the owner(s), lienholder(s),and/or mortgagee(s)within_days. The building(s) or structure(s)shall be placarded to prevent occupancy until the building(s) or structure(s) is brought up to all minimum standards of the code within_(31 to 90) days. Further,the owner(s), lienholder(s),and/or mortgagee(s)shall secure the property in a reasonable manner from unauthorized entry while the work is being performed, and work shall be commenced and performed in accordance with the time schedules established by the Board,to wit: OR The Board finds the building(s),structure(s) or premises cannot be repaired because of the refusal of the owner(s) or its intrinsic state of disrepair or both and is dilapidated or substandard;therefore,the Board ORDERS: The dilapidated or substandard building(s), structure(s),or premises shall be removed or demolished and removed by the owner(s), lienholder(s), and/or mortgagee(s)within 30 days. The dilapidated or substandard building(s), structure(s), or premises shall be removed or demolished and removed by the owner(s), lienholder(s), and/or mortgagee(s),within_(31 to 90) days. Further,the owner(s), lienholder(s), and/or mortgagee(s) shall secure the property in a reasonable manner from unauthorized entry while the work is being performed,and work shall be commenced and performed in accordance with the time schedules established by the Board,to wit: OR The Board finds that the owner(s), lienholder(s), and/or mortgagee(s) has submitted a detailed plan and schedule for the repair/removal/demolition (circle one)of the building(s) or structure(s) and the owner(s), lienholder(s) and/or mortgagee(s) has established that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work;therefore,the Board ORDERS: T The dilapidated or substandard building(s) or structure(s)shall be repaired/removed/demolished (circle one) by the owner(s), lienholder(s), and/or mortgagee(s)within_days. Repairs must comply with City Ordinance Section 13-22(g). Further,the owner(s), lienholder(s),and/or mortgagee(s)shall secure the property in a reasonable manner from unauthorized entry while the work is being performed,and work shall be commenced and performed in accordance with the detailed plan and schedule submitted to the Board and approved by the Board. The detailed plan and schedule approved by the Board is attached and incorporated by reference to this Order and includes the amendments and/or additions noted below: The owner(s), lienhoider(s), and/or mortgagee(s)shall submit monthly progress reports to the Code Enforcement Division to demonstrate compliance with the time schedules established for commencement and performance of the work. The owner(s), lienholder(s),and/or mortgagee(s) shall report bi-monthly to the Board to demonstrate compliance with the time schedules for the work, beginning on and continuing throughout the pendency of the approved schedule. _ The Board further finds the above referenced property, including structures or improvements on the property,exceeds$100,000 in total value;therefore,the owner(s), lienholder(s),and/or mortgagee(s) shall post a cash or surety bond in an amount adequate to cover the cost of repairing, removing or demolishing the building or structure not later than the 30'day from the date of this Order. Coretta GrahamGAINST Catherine Giffin SGAINST Johanna Ortiz (:ZDAGAINST Merced Pena (alternate) FORIAGAINST Monica Pareso <ZWAGAINST John SolbergGAINST Or d this ° day of ,202Z• fled Signed under the authority of the Board: Signed under the authority of Board: Chairperson _P �� Vice-Chairperson Filed with the City Secretary: Rebecca Huerta City Secretary Code Enforcement Division 5/26/1022 ARMANDO B. DE LOS SANTOS C/O MICHAEL DE LOS SANTOS RE: 625 ATLANTIC ST PO BOX 2934 Legal Description: DEL MAR LT 16 BK 40 CORPUS CHRISTI,TX. 78403 The Building Standards Board (hereinafter, "Board") met at 1:30 P.M.on 05/26/2022 in the Council Chambers, 1201 Leopard,to hear matters concerning the substandard building(s) located at the above referenced property. In reference to the substandard building(s),the Final Order of the Board's decision is enclosed. The Final Order specifies the time allowed for the owner, lienholder, and/or mortgagee to comply with the Board's Final Order.The time permitted commences from the date listed on the enclosed Order.An appeal of this Board's decision may be made to the City Council under the provisions of Corpus Christi Code Sec. 13-24-Appeals. It may be necessary for the owner, iienholder, and/or mortgagee to obtain the proper permits before initiating demolition or repairs ordered by the Board.A permit can be obtained at Development Services located at 2406 Leopard Street,Corpus Christi,Texas. Please contact Diana T. Garza, Building Standards Board Liaison, if you have any questions regarding this matter. She can be reached at(361) 826-3009. Sincerely, Diana T. Garza Building Standards Board Liaison Code Enforcement Division Attachment: FINAL ORDER OF THE BUILDING STANDARDS BOARD Case number: V172254-011122 P.O. Box 9277 Corpus Christi,Texas 78469-9277 9 (361) 826-3046 • http://www.cctexas.com/ FINAL ORDER OF THE i . BUILDING STANDARDS BOARD ��- Case No. V172254-011122 Property Owner(s)/Lienholder(s)/Mortgagee(s) RE: 625 ATLANTIC ST ARMANDO B. DE LOS SANTOS C/O MICHAEL DE LOS SANTO legal Description: DEL MAR LT 16 BK 40 PO BOX 2934 CORPUS CHRISTI,TX. 78403 This Final Order is issued pursuant to the authority granted to the Building Standards Board ("Board") of the City of Corpus Christi, ("City"), Nueces County,Texas in accordance with the Charter of the City, Chapter 13 of the City's Code of Ordinances("Code") and the Texas Local Government Code. On�05/26/2022__,the City of Corpus Christi Building and Standards Board held a public hearing and made the following findings regarding the building(s) or structure(s)located at the above referenced property: 1. Pursuant to the provisions of Chapter 13 of the Code,on_1/11/2022_an inspection for substandard conditions was made of the building(s) or structure(s) located within the City at the above referenced property; 2. On_2/28/2022—a notice of violation(s) and request to correct the violation(s)was sent to the owner(s), lienholder(s), mortgagee(s) and all known interested parties. Additionally, on_,_,03/17/2022_notice of violation(s)was published in the Corpus Christi Caller Times; 3. Thirty days elapsed since the notice of violation(s)was received and/or published,and such violation(s)was not cured; 4. Code Official, Diana T. Garza,filed a complaint with the Chairman of the Board regarding the above referenced property on_05/02/2022_,and the public hearing was held not less than ten days and not more than 45 days after the complaint was filed; 5. Notice of the public hearing was sent to the owner(s), lienholder(s), mortgagee(s) and all known interested parties on_513/2022_, which was at least ten day prior to the public hearing. Additionally,on_05/02/2022_ notice of the public hearing was published in the Corpus Christi Caller Times; 6. After considering the testimony and reviewing the documentation and information submitted by City Staff and after affording the owner, lienholder, mortgagee(s), and/or other interested parties the opportunity to address the Board and present testimony, documentation and information,the Board finds the building(s) or structure(s) located at the above referenced property is substandard and constitutes a nuisance. 7. The City will vacate,secure, remove, or demolish the building or relocate the building occupants if the action ordered below is not taken within the allotted time. 8. If there are items of personal property in the premises to be demolished,the owner is ordered to remove personal property from the premises within 30 days of the date of this Order. If such items of personal property are not removed from the premises within 30 days,they shall be placed in storage for 90 days. During this period,they may be redeemed by the owner after all costs incurred in placing the items in storage and all accumulated storage fees have been paid. If the property is not redeemed within 90 days,the City may cause the same to be sold at auction. The proceeds of the sale shall be used to pay for any costs incurred in the storage of the property, and any excess amount shall be set off against the cost of demolition to be charged to the owner. The Board ORDERS: The substandard buifding(s) or structure(s) shall be secured by the owner(s), lienholder(s),and/or mortgagee(s)from unauthorized entry within 30 days. OR The Board finds the substandard building(s) or structure(s) can reasonably be repaired so as to comply with the code;therefore,the Board ORDERS: The substandard building(s) or structure(s)shall be repaired by the owner(s), lienholder(s),and/or mortgagee(s)within 30 days. Repairs must comply with City Ordinance Section 13-22(g). The substandard building(s) or structure(s)shall be repaired by the owner(s), lienholder(s),and/or mortgagee(s)within_(31 to 90) days. Repairs must comply with City Ordinance Section 13-22(g). Further,the owner(s), lienholder(s),and/or mortgagee(s) shall secure the property in a reasonable manner from unauthorized entry while the work is being performed,and work shall be commenced and performed in accordance with the time schedules established by the Board,to wit: OR The Board finds the substandard building(s) or structure(s) is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin-infested that it creates a serious hazard to the health or safety of the occupants or the public;therefore, the Board ORDERS: _ The substandard building(s) or structure(s)shall be vacated by the owner(s), lienholder(s),and/or mortgagee(s)within_days. The building(s) or structure(s)shall be placarded to prevent occupancy until the building(s) or structure(s)is brought up to all minimum standards of the code by the owner(s), lienholder(s), and/or mortgagee(s)within 30 days. The substandard building(s) or structure(s)shall be vacated by the owner(s),lienholder(s),and/or mortgagee(s)within_days. The building(s) or structure(s)shall be placarded to prevent occupancy until the building(s) or structure(s) is brought up to all minimum standards of the code within_(31 to 90) days. Further,the owner(s), lienholder(s),and/or mortgagee(s)shall secure the property in a reasonable manner from unauthorized entry while the work is being performed, and work shall be commenced and performed in accordance with the time schedules established by the Board,to wit: OR The Board finds the building(s), structure(s) or premises cannot be repaired because of the refusal of the owner(s) or its intrinsic state of disrepair or both and is dilapidated or substandard;therefore,the Board ORDERS: The dilapidated or substandard building(s), structure(s), or premises shall be removed or demolished and removed by the owner(s), lienholder(s),and/or mortgagee(s) within 30 days. The dilapidated or substandard building(s), structure(s), or premises shall be removed or demolished and removed by the owner(s), lienholder(s), and/or mortgagee(s),within_(31 to 90) days. Further,the owner(s), lienholder(s),and/or mortgagee(s) shall secure the property in a reasonable manner from unauthorized entry while the work is being performed, and work shall be commenced and performed in accordance with the time schedules established by the Board,to wit: OR The Board finds that the owner(s), lienholder(s),and/or mortgagee(s) has submitted a detailed plan and schedule for the repair/removal/demolition (circle one) of the building(s) or structure(s) and the owner(s), lienholder(s) and/or mortgagee(s) has established that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work;therefore,the Board ORDERS: The dilapidated or substandard building(s) or structure(s) shall be repaired/removed/demolished (circle one) by the owner(s), lienholder(s), and/or mortgagee(s)within_days. Repairs must comply with City Ordinance Section 13-22(g). Further,the owner(s), lienholder(s),and/or mortgagee(s)shall secure the property in a reasonable manner from unauthorized entry while the work is being performed,and work shall be commenced and performed in accordance with the detailed plan and schedule submitted to the Board and approved by the Board. The detailed plan and schedule approved by the Board is attached and incorporated by reference to this Order and includes the amendments and/or additions noted below: The owner(s), lienholder(s),and/or mortgagee(s)shall submit monthly progress reports to the Code Enforcement Division to demonstrate compliance with the time schedules established for commencement and performance of the work. The owner(s), lienholder(s),and/or mortgagee(s) shall report bi-monthly to the Board to demonstrate compliance with the time schedules for the work, beginning on and continuing throughout the pendency of the approved schedule. The Board further finds the above referenced property, including structures or improvements on the property, exceeds$100,000 in total value;therefore,the owner(s), lienholder(s), and/or mortgagee(s) shall post a cash or surety bond in an amount adequate to cover the cost of repairing,removing or demolishing the building or structure not later than the 3011 day from the date of this Order. Coretta GrahamGAINST Catherine Giffin SGAINST Johanna Ortiz FO AGAINST Merced Pena (alternate) FOR/AGAINST Monica Pareso AGAINST John Solberg 6'07D4GAINST Or d this day of�{ ,2022. fled Signed under the authority of the Board: Signed under the authority of OW Board: Chairperson Vice-Chairperson Filed with the City Secretary: e eco _ikerta City Secretary Minutes Building Standards Board Council Chambers, City Hall May 26t' , 2022@ 1:30p.m. L CALL TO ORDER The meeting was called to order by Catherine Giffin at 1:33pm in the Council Chambers on the first floor of City Hall. II. ROLL CALL Board Members Present Coretta Graham—present(late) Catherine Giffin—present Monica Pareso—present John Solberg—present Johanna Ortiz—present Merced Pena(alternate)-present Staff Present Bobbie-Rae Maldonado,Interim Code Compliance Program Manager Michael Gutierrez, Code Compliance Supervisor Diana T Garza, Code Compliance Officer/Liaison Jonathan Vining, Code Compliance Official Jessica Martinez,Administrative Support II Maria Garcia,Management Assistant Adeltia Cavada,Assistant City Attorney III. PUBLIC COMMENT A motion was made by Catherine Giffin to open the floor for public comment. As there was no response,Catherine Giffin closed the public comment. IV. MINUTES A motion was made by Catherine Giffin and seconded by Johanna Ortiz to amend the minutes of the Regular Meeting of April 28, 2022. A roll call vote was taken, and the motion passed unanimously. V. NOMINATION FOR CHAIRPERSON A motion was made by Monica Pareso and seconded by Johanna Ortiz to appoint Catherine Giffin to Chairperson of Building Substandard Board.A roll call vote was taken, and the motion passed unanimously. VL ABSENCES No action taken since all board members were present for the April 28',2022,hearing. VII. STAFF REPORT 1. The Staff Report was presented to the Board for discussion and information regarding cases from January 28,2021,to present.A motion was made by Coretta Graham seconded by Monica Pareso to approve the staff report. A roll call vote was taken, and the motion passed unanimously. 2. Update on Proposed PMC Amendments-no discussion or comments for board. 3. Emergency demolition updates provided for 4706 Everhart,4443 Hart, 3042 Horne, and 424 Cheyenne. VIII. CASES TABLED/PULLED 1. 3010 Westeard Ln.,(DELLWOOD BLK 1 LOT 47)-Per code enforcement,case to be presented at the July 2022 board meeting. Proper notification to be given to lienholder/mortgage company and rental management company. 2. 5025 Bonner Dr.,(GARDENDALE NW66 OF LT 4 BLK 4)-Per code enforcement, accessory structures demolished by property owner. IX. OLD BUSINESS 1. 4025 Santa Elena St.,Demolition Residence (SANTA ELENA BLK 4 LOT 22) Property owner was ordered to appear at hearing to provide a timeline for repair plans to the Board. Owner failed to appear and no contact was made with Code department. Motion: A motion was made by Catherine Giffin and seconded by Coretta Graham for Code Liaison to provide recommendations at next scheduled meeting. A roll call vote was taken and passed unanimously. X. NEW BUSINESS 1. 625 Atlantic St.,Demolition Residence and Accessory Structure (DEL MAR LT 16 BK 40) Staff Recommendation: To require demolition due to the extent of deterioration Appearing in Favor: No one Appearing in Opposition: Michael De Los Santos,Armando De Los Santos, Melinda De Los Santos Motion: A motion was made by John Solberg and seconded by Coretta Graham to accept the staff recommendation and require demolition of the structure(s) according to Section 13-22(H) (1) (c)of the Corpus Christi Property Maintenance Code in which the owner will be allowed thirty(30)days to obtain proper permits and complete the demolition of the structure(s) located at 625 Atlantic St.,Demolition Residence and Accessory Structure (DEL MAR LT 16 BK 40)If the demolition is not started and completed as required,then the City is authorized to demolish. A roll call vote was taken and passed unanimously. 2. 422 Linnet Ct.,Demolition Residence (FLOUR BLUFF ESTATES LT 24A BK G) Staff Recommendation: To require demolition due to the extent of deterioration Appearing in Favor: No one Appearing in Opposition: Daniel Bires, Clarissa Rodriguez. Motion: A motion was made by John Solberg and seconded by Coretta Graham to accept the staff recommendation and require demolition of the structure(s) according to Section 13-22(H) (1) (c)of the Corpus Christi Property Maintenance Code in which the owner will be allowed thirty (30)days to obtain proper permits and complete the demolition of the structure(s) located at 422 Linnet Ct.,Demolition Residence (FLOUR BLUFF ESTATES LT 24A BK GIf the demolition is not started and completed as required,then the City is authorized to demolish. A roll call vote was taken and passed with a four to one vote. 3. 110 Josephine St.,Demolition Residence(MUSSETT BLK 3 LOT 1). Staff Recommendation: To require demolition due to the extent of deterioration Appearing in Favor: No one. Appearing in Opposition: Attorney Jeffrey Kane (in appearance for Attorney David Klein) Motion: A motion was made by John Solberg and seconded by Coretta Graham to oppose the staff recommendation and require the property owner to secure structures and provide a timeline for renovation or demo within 30 days for the structure(s)located at 110 Josephine St., Demolition Residence(MUSSETT BLK 3 LOT 1).A roll call vote was taken and passed with a four to one vote. 4. 110 Josephine St. aka 102 Josephine St,Demolition Residence (MUSSETT BLK 3 LOT Staff Recommendation: To require demolition due to the extent of deterioration. Appearing in Favor: No one. Appearing in Opposition: Attorney Jeffrey Kane (in appearance for Attorney David Klein) Motion: A motion was made by Monica Pareso and seconded by Coretta Graham to accept the staff recommendation and require demolition of the structure(s) according to Section 13-22(H) (1) (c)of the Corpus Christi Property Maintenance Code in which the owner will be allowed thirty (30)days to obtain proper permits and complete the demolition of the structure(s) located at 110 Josephine St. aka 102 Josephine St,Demolition Residence(MUSSETT BLK 3 LOT 1). If the demolition is not started and completed as required,then the City is authorized to demolish. A roll call vote was taken and passed unanimously. 5. 110 Josephine St. aka 106 Josephine St,Demolition Residence (MUSSETT BLK 3 LOT Staff Recommendation: To require demolition due to the fire damage. Appearing in Favor: No one. Appearing in Opposition: Attorney Jeffrey Kane (in appearance for Attorney David Klein) Motion: A motion was made by Monica Pareso and seconded by Catherine Giffin to accept the staff recommendation and require demolition of the structure(s) according to Section 13-22(H) (1) (c)of the Corpus Christi Property Maintenance Code in which the owner will be allowed thirty (30)days to obtain proper permits and complete the demolition of the structure(s) located at 110 Josephine St. aka 106 Josephine St,Demolition Residence(MUSSETT BLK 3 LOT 1). If the demolition is not started and completed as required,then the City is authorized to demolish. A roll call vote was taken and passed unanimously. 6. 2849 Tuscarora Dr.Demolition Residence and Accessory structure (OVERLAND MEADOWS#2 BLK 14 LOT 27) Staff Recommendation: To require repair due to the extent of deterioration. Appearing in Favor: Chris Dean,Johnny Dean. Appearing in Opposition: No one. Motion: A motion was made by Monica Pareso and seconded by Coretta Graham to accept the staff recommendation and require repair of the structure(s) according to Section 13-22(H) (1) (c)of the Corpus Christi Property Maintenance Code in which the owner will be allowed thirty(30)days to obtain proper permits and complete the repair of the structure(s)located at 2849 Tuscarora Dr.Demolition Residence and Accessory structure (OVERLAND MEADOWS#2 BLK 14 LOT 27) If the repair is not started and completed as required,then the City is authorized to demolish. A roll call vote was taken and passed unanimously. 7. 2128 Peabody.,Demolition Residence and Accessory Structure(HILLCREST LTS 14 & 15 BLK 31) Staff Recommendation: To require demolition due to the extent of deterioration. Appearing in Favor: No one. Appearing in Opposition: Marche Kennedy Motion: A motion was made by Monica Pareso and seconded by Coretta Graham to oppose the staff recommendation and require owner to provide a timeline for repair or demolition within 90 days for the structure(s)located at 2128 Peabody.,Demolition Residence and Accessory Structure(HILLCREST LTS 14& 15 BLK 31) A roll call vote was taken and passed unanimously. 8. 809 S.Alameda St.,Demolition Residence (EXTENSION TO SOUTH END BLK 14 LOT 1 Staff Recommendation: To require demolition due to the extent of deterioration. Appearing in Favor: No one. Appearing in Opposition: No one. Motion: A motion was made by Catherine Giffin and seconded by Monica Pareso to accept the staff recommendation and require demolition of the structure(s) according to Section 13- 22(H) (1) (c)of the Corpus Christi Property Maintenance Code in which the owner will be allowed thirty(30)days to obtain proper permits and complete the demolition of the structure(s)located at 809 S.Alameda St., Demolition Residence (EXTENSION TO SOUTH END BLK 14 LOT 1).If the demolition is not started and completed as required,then the City is authorized to demolish. A roll call vote was taken and passed unanimously. 9. 813 S.Alameda St.Bldg 1,4 Units,Demolition Residence (BAY TERRACE N4 OF LT 9 &ALL OF LTS 10 THRU 13 BLK) Staff Recommendation: To require demolition due to the extent of deterioration. Appearing in Favor: No one. Appearing in Opposition: No one. Motion: A motion was made by Catherine Giffin and seconded by Monica Pareso to accept the staff recommendation and require demolition of the structure(s) according to Section 13- 22(H) (1) (c)of the Corpus Christi Property Maintenance Code in which the owner will be allowed thirty (30)days to obtain proper permits and complete the demolition of the structure(s)located at 813 S.Alameda St.Bldg 1,4 Units,Demolition Residence (BAY TERRACE N4 OF LT 9&ALL OF LTS 10 THRU 13 BLK) If the demolition is not started and completed as required,then the City is authorized to demolish. A roll call vote was taken and passed unanimously. 10. 813 S.Alameda St. aka 817 S.Alameda Bldg 2,4 Units,Demolition Residence (BAY TERRACE N4 OF LT 9&ALL OF LTS 10 THRU 13 BLK) Staff Recommendation: To require demolition due to the extent of deterioration. Appearing in Favor: No one. Appearing in Opposition: No one. Motion: A motion was made by Monica Pareso and seconded by Coretta Graham to accept the staff recommendation and require demolition of the structure(s) according to Section 13- 22(H) (1) (c)of the Corpus Christi Property Maintenance Code in which the owner will be allowed thirty (30)days to obtain proper permits and complete the demolition of the structure(s)located at 813 S.Alameda St. aka 817 S.Alameda Bldg 2,4 Units, Demolition Residence(BAY TERRACE N4 OF LT 9&ALL OF LTS 10 THRU 13 BLK).If the demolition is not started and completed as required,then the City is authorized to demolish. A roll call vote was taken and passed unanimously. 11. 437 Military Dr.,Demolition Residence and Accessory Structure (NAVAL CENTER LTS 12 & 13 BK 13) Staff Recommendation: To require demolition due to the extent of deterioration. Appearing in Favor: No one. Appearing in Opposition: No one. Motion: A motion was made by Monica Pareso and seconded by Coretta Graham to accept the staff recommendation and require demolition of the structure(s) according to Section 13- 22(H) (1) (c)of the Corpus Christi Property Maintenance Code in which the owner will be allowed thirty (30)days to obtain proper permits and complete the demolition of the structure(s)located at 437 Military Dr.,Demolition Residence and Accessory Structure (NAVAL CENTER LTS 12 & 13 BK 13).If the demolition is not started and completed as required,then the City is authorized to demolish. A roll call vote was taken and passed unanimously. 12. 11321 Leopard St.,Demolition of Awning (SABLATURA 6 AC OUT OF W PT OF LT 6BK1 Staff Recommendation: To require demolition of awning due to the extent of deterioration. Appearing in Favor: No one. Appearing in Opposition: No one. Motion: A motion was made by John Solberg and seconded by Johanna Ortiz to accept the staff recommendation and require demolition of the awning according to Section 13-22(H) (1) (c)of the Corpus Christi Property Maintenance Code in which the owner will be allowed thirty (30)days to obtain proper permits and complete the demolition of the awning located at 11321 Leopard St., Demolition of Awning(SABLATURA 6 AC OUT OF W PT OF LT 6 BK 1).If the demolition is not started and completed as required,then the City is authorized to demolish. A roll call vote was taken and passed unanimously. 13. 1363 Normandy Dr,Demolition Residence and Accessory Structure (ARCADIA BLK 17 LOT 17) Staff Recommendation: To require demolition due to the extent of deterioration. Appearing in Favor: No one. Appearing in Opposition: No one. Motion: A motion was made by Johanna Ortiz and seconded by Monica Pareso to accept the staff recommendation and require demolition of the structure(s) according to Section 13-22(H) (1) (c)of the Corpus Christi Property Maintenance Code in which the owner will be allowed thirty (30)days to obtain proper permits and complete the demolition of the structure(s)located at 1363 Normandy Dr,Demolition Residence and Accessory Structure (ARCADIA BLK 17 LOT 17).If the demolition is not started and completed as required,then the City is authorized to demolish. A roll call vote was taken and passed unanimously. 14. 2522 Bolivar.,Demolition Residence (CASA BLANCA LT 16 BK 7) Staff Recommendation: To require demolition due to the extent of deterioration. Appearing in Favor: No one. Appearing in Opposition: No one. Motion: A motion was made by Monica Pareso and seconded by John Solberg to accept the staff recommendation and require demolition of the structure(s) according to Section 13-22(H) (1) (c)of the Corpus Christi Property Maintenance Code in which the owner will be allowed thirty (30)days to obtain proper permits and complete the demolition of the structure(s)located at 2522 Bolivar.,Demolition Residence(CASA BLANCA LT 16 BK 7 .If the demolition is not started and completed as required,then the City is authorized to demolish. A roll call vote was taken and passed unanimously. XL IDENTIFYING ITEMS FOR FUTURE AGENDA Upcoming nominations for new Vice-Chair. XII. ADJOURNMENT Meeting adjourned by Catherine Giffin at 4:08 PM. on May 26, 2022. Bobbie-Rae Maldonado Interim Code Enforcement Program Manager Note:For detailed information on testimony,refer to the recording retained on file in the Code Enforcement Division of the City of Corpus Christi Neighborhood Services Department. ,tFAMEIVED UN qzeizz az Zot Ile 10-9 ir 42, 7 �7 A UW K r a22Z al r r / u Code Enforcement Division ` `'°Br; >. i- �I RC 512612022 jl orvraioK 5/26/2022 CERTIFIED LETTER#7020 1290 0000 7519 5404 DE LOS SANTOS ARMANDO B. RE: 625 ATLANTIC ST 625 ATLANTIC Legal Description: DEL MAR LT 16 BK 40 CORPUS CHRISTI,TX. 78404 The Building Standards Board (hereinafter, "Board") met at 1:30 P.M. on 05/26/2022 in the Council Chambers, 1201 Leopard, to hear matters concerning the substandard building(s) located at the above referenced property. In reference to the substandard building(s), the Final Order of the Board's decision is enclosed. The Final Order specifies the time allowed for the owner, lienholder, and/or mortgagee to comply with the Board's Final Order. The time permitted commences from the date listed on the enclosed Order. An appeal of this Board's decision may be made to the City Council under the provisions of Corpus Christi Code Sec. 13-24-Appeals. It may be necessary for the owner, lienholder, and/or mortgagee to obtain the proper permits before initiating demolition or repairs ordered by the Board. A permit can be obtained at Development Services located at 2406 Leopard Street, Corpus Christi,Texas. Please contact Diana T. Garza, Building Standards Board Liaison, if you have any questions regarding this matter. She can be reached at (361) 826-3009. Sincerely, Diana T. Garza Building Standards Board Liaison Code Enforcement Division Attachment: FINAL ORDER OF THE BUILDING STANDARDS BOARD Case number: V1722S4-011122 P.O. Box 9277 Corpus Christi, Texas 78469-9277 • (361) 826-3046 • http://www.cctexas.com/ st, FINAL ORDER OF THE BUILDING STANDARDS BOARD Case No. V172254-011122 Property Owner(s)/Lienholder(s)/Mortgagee(s) RE: 625 ATLANTIC ST DE LOS SANTOS ARMANDO B. 625 ATLANTIC Legal Description: DEL MAR LT 16 BK 40 CORPUS CHRISTI,TX. 78404 This Final Order is issued pursuant to the authority granted to the Building Standards Board ("Board") of the City of Corpus Christi, ("City"), Nueces County,Texas in accordance with the Charter of the City, Chapter 13 of the City's Code of Ordinances ("Code") and the Texas Local Government Code. On_05/26/2022_,the City of Corpus Christi Building and Standards Board held a public hearing and made the following findings regarding the building(s) or structure(s)located at the above referenced property: 1. Pursuant to the provisions of Chapter 13 of the Code, on_1/11/2022_an inspection for substandard conditions was made of the building(s) or structure(s) located within the City at the above referenced property; 2. On_2/28/2022_a notice of violation(s) and request to correct the violation(s) was sent to the owner(s), lienholder(s), mortgagee(s) and all known interested parties. Additionally, on_03/17/2022_notice of violation(s)was published in the Corpus Christi Caller Times; 3. Thirty days elapsed since the notice of violation(s) was received and/or published, and such violation(s)was not cured; 4. Code Official, Diana T. Garza, filed a complaint with the Chairman of the Board regarding the above referenced property on _05/02/2022_, and the public hearing was held not less than ten days and not more than 45 days after the complaint was filed; 5. Notice of the public hearing was sent to the owner(s), lienholder(s), mortgagee(s) and all known interested parties on_5/3/2022_, which was at least ten day prior to the public hearing. Additionally, on_05/02/2022 notice of the public hearing was published in the Corpus Christi Caller Times; 6. After considering the testimony and reviewing the documentation and information submitted by City Staff and after affording the owner, lienholder, mortgagee(s), and/or other interested parties the opportunity to address the Board and present testimony, documentation and information,the Board finds the building(s) or structure(s) located at the above referenced property is substandard and constitutes a nuisance. 7. The City will vacate, secure, remove, or demolish the building or relocate the building occupants if the action ordered below is not taken within the allotted time. 8. If there are items of personal property in the premises to be demolished,the owner is ordered to remove personal property from the premises within 30 days of the date of this Order. If such items of personal property are not removed from the premises within 30 days,they shall be placed in storage for 90 days. During this period, they may be redeemed by the owner after all costs incurred in placing the items in storage and all accumulated storage fees have been paid. If the property is not redeemed within 90 days,the City may cause the same to be sold at auction. The proceeds of the sale shall be used to pay for any costs incurred in the storage of the property, and any excess amount shall be set off against the cost of demolition to be charged to the owner. The Board ORDERS: The substandard building(s) or structure(s)shall be secured by the owner(s), lienholder(s), and/or mortgagee(s) from unauthorized entry within 30 days. OR The Board finds the substandard building(s) or structure(s) can reasonably be repaired so as to comply with the code;therefore,the Board ORDERS: The substandard building(s) or structure(s) shall be repaired by the owner(s), lienholder(s), and/or mortgagee(s)within 30 days. Repairs must comply with City Ordinance Section 13-22(g). The substandard building(s) or structure(s)shall be repaired by the owner(s), lienholder(s), and/or mortgagee(s) within_(31 to 90)days. Repairs must comply with City Ordinance Section 13-22(g). Further,the owner(s), lienholder(s), and/or mortgagee(s) shall secure the property in a reasonable manner from unauthorized entry while the work is being performed, and work shall be commenced and performed in accordance with the time schedules established by the Board,to wit: OR The Board finds the substandard building(s) or structure(s) is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin-infested that it creates a serious hazard to the health or safety of the occupants or the public;therefore, the Board ORDERS: The substandard building(s) or structure(s) shall be vacated by the owner(s), lienholder(s), and/or mortgagee(s)within_days. The building(s) or structure(s) shall be placarded to prevent occupancy until the building(s) or structure(s) is brought up to all minimum standards of the code by the owner(s), lienholder(s), and/or mortgagee(s)within 30 days. The substandard building(s) or structure(s)shall be vacated by the owner(s), lienholder(s), and/or mortgagee(s) within_days. The building(s) or structure(s)shall be placarded to prevent occupancy until the building(s) or structure(s) is brought up to all minimum standards of the code within_(31 to 90) days. Further,the owner(s), lienholder(s),and/or mortgagee(s) shall secure the property in a reasonable manner from unauthorized entry while the work is being performed, and work shall be commenced and performed in accordance with the time schedules established by the Board,to wit: OR The Board finds the building(s), structure(s) or premises cannot be repaired because of the refusal of the owner(s) or its intrinsic state of disrepair or both and is dilapidated or substandard;therefore,the Board ORDERS: The dilapidated or substandard building(s), structure(s), or premises shall be removed or demolished and removed by the owner(s), lienholder(s), and/or mortgagee(s) within 30 days. The dilapidated or substandard building(s), structure(s), or premises shall be removed or demolished and removed by the owner(s), lienholder(s), and/or mortgagee(s),within_(31 to 90) days. Further,the owner(s), lienholder(s), and/or mortgagee(s) shall secure the property in a reasonable manner from unauthorized entry while the work is being performed, and work shall be commenced and performed in accordance with the time schedules established by the Board,to wit: OR The Board finds that the owner(s), lienholder(s), and/or mortgagee(s) has submitted a detailed plan and schedule for the repair/removal/demolition (circle one) of the building(s) or structure(s) and the owner(s), lienholder(s) and/or mortgagee(s) has established that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work; therefore,the Board ORDERS: The dilapidated or substandard building(s) or structure(s) shall be repaired/removed/demolished (circle one) by the owner(s), lienholder(s), and/or mortgagee(s) within days. Repairs must comply with City Ordinance Section 13-22(g). Further,the owner(s), lienholder(s),and/or mortgagee(s) shall secure the property in a reasonable manner from unauthorized entry while the work is being performed, and work shall be commenced and performed in accordance with the detailed plan and schedule submitted to the Board and approved by the Board. The detailed plan and schedule approved by the Board is attached and incorporated by reference to this Order and includes the amendments and/or additions noted below: The owner(s), lienholder(s), and/or mortgagee(s) shall submit monthly progress reports to the Code Enforcement Division to demonstrate compliance with the time schedules established for commencement and performance of the work. The owner(s), lienholder(s), and/or mortgagee(s) shall report bi-monthly to the Board to demonstrate compliance with the time schedules for the work, beginning on and continuing throughout the pendency of the approved schedule. The Board further finds the above referenced property, including structures or improvements on the property, exceeds $100,000 in total value; therefore,the owner(s), lienholder(s), and/or mortgagee(s) shall post a cash or surety bond in an amount adequate to cover the cost of repairing, removing or demolishing the building or structure not later than the 30`h day from the date of this Order. Coretta Graham C��GAINST Catherine Giffin GAINST Johanna OrtizFO AGAINST Merced Pena (alternate) FOR/AGAINST Monica Pareso AGAINST John SolbergFO .AGAINST Or d this day of ,2022. p D -J?jCA,1� fled --- Signed under the authority of the Board: Signed under the authority of Board: Chairperson — Vice-Chairperson _P� Filed with the City Secretary: a ecca Huerta City Secretary Michael A. De Los Santos P.O. Box 2934 j RECEIVED Corpus Christi, Texas 78403-2934 JUN i 2022 June 25, 2022 CfYRE7ARY'SOFF(C� Rebecca L. Huerta Certified Mail City Secretary 7015 0640 0002 4601 0804 City of Corpus Christi Return Receipt Requested P.O. Box 9277 9590 9402 5033 9092 9139 92 Corpus Christi, Texas 78469-9277 Re: Case Number: V172254-011122 Notice of Appeal Dear Ms. Huerta: By Special Appearance Only and without waiving any defenses to standing, venue, personal jurisdiction, subject matter jurisdiction, territorial jurisdiction, and without waiving any rights under the Uniform Commercial Code, enclosed herein please find the Notice of Appeal with Exhibits A — G to the Building Standards Board's Order dated May 26, 2022. Please stamp "Date Filed" with the respective date and time on both the original Notice of Appeal and the enclosed Respondent's copy thereof. File the original Notice of Appeal with your respective office and Mail the Respondent's copy in the enclosed postage paid envelope to the Respondent. Thank you for your time and consideration in this matter. All Rights Reserved. Without Prejudice UC 1-308 1 1-�,VMA A " L-,u Michael A. De Los Santos, a real, flesh and blood being. rR I.C EIEW .JUN 2 9 2022 City of Corpus Christi Texas, § Code Enforcement Division, § CITY SECRETARY'S OFFICE Petitioners § vs. § Case No.: V172254-011122 Armando B. De Los Santos, § Amelia G. De Los Santos, § Respondents. § Notice of Appeal to the Building Standards Board Order dated May 26, 2022 BY SPECIAL APPEARANCE ONLY and with waiving any defenses to Standing, Personal Jurisdiction, Subject Matter Jurisdiction and Territorial Jurisdiction, to any party, entity or other real, flesh and blood being associated with the CITY OF CORPUS CHRISTI TEXAS, with the CODE ENFORCEMENT DIVISION, with the BUILDING STANDARDS BOARD and with the INTERNATIONAL PROPERTY MAINTENANCE CODE and further without waiving any rights under the Uniform Commercial Code, Armando B. De Los Santos, a real, flesh and blood being, ("Respondent") and Amelia G. De Los Santos, a real, flesh and blood being, ("Respondent") by and through their duly authorized agent, Michael A. De Los Santos, a real, flesh and blood being, ("Respondent") hereby files this Notice of Appeal to the Building Standards Board Order dated May 26, 2022 and respectfully states the aforesaid Building Standards Board Order is erroneous and said Order would cause undue hardship to the respective elderly Respondents. (See attached Building Standards Board Order, Exhibit F). In support thereof, Respondents state as follows: I. Statement of Facts 1. Armando B. De Los Santos, a real, flesh and blood being, ("Respondent") and Amelia G. De Los Santos, a real, flesh and blood being, ("Respondent") hereby appoint Michael A. De Los Santos, a real, flesh and blood being, ("Respondent") as their duly authorized agent regarding all matters before the City of Corpus Christi Texas and the Corpus Christi Code Enforcement regarding Del Mar, Lot 16, Block 40 also known as 625 Atlantic, Corpus Christi, Texas, Nueces County, Texas. (See attached Limited Power of Attorney, Exhibit A and Exhibit B, respectively). 2. On or about May 2, 2022, Ms. Diana T. Garza, Code Compliance Officer/ Building Standards Board Liaison, Corpus Christi Code Enforcement, Police Department sent a Case No.: V172254-011122 Notice of Appeal to the Building Standards Board Order dated May 26,2022 (with Exhibits A—G) Page 1 of 10 Letter to the Respondents informing the Respondents of the time, date and place of a hearing before the Building Standards Board regarding Del Mar, Lot 16, Block 40 also known as 625 Atlantic, Corpus Christi, Texas, Nueces County, Texas. (See attached Letter to Respondents, Exhibit C). 3. Ms. Diana T. Garza's Letter to the Respondents at Exhibit C complains; to-wit: "The Code Enforcement Division conducted a survey of the above listed property and found violations of the International Property Maintenance Code and/or ordinances of the City of Corpus Christi." 4. Ms. Diana T. Garza's Letter to the Respondents at Exhibit C fails to state on the Letter's face: (1) a statement of the legal authority, standing, personal jurisdiction, subject matter jurisdiction and territorial jurisdiction under which this hearing at issue is to be held; and (2) a reference to the particular sections of the statutes and rules involved in this hearing. (See e.g. Administrative Procedure Act, Sec. 2001.052. Contents of Notice. (a)(2)(3), (Exhibit D). 5. On May 26, 2022 and on the date of the Building Standards Board Hearing, Respondents filed a Special Appearance Challenge and Objections to the Petitioner's Standing, Personal Jurisdiction, Subject Matter Jurisdiction and Territorial Jurisdiction regarding the respective Hearing and the matter at issue. (See attached Respondents Special Appearance Challenge to Standing and Jurisdiction, Exhibit G). 6. On May 26, 2022 and on the date of the Building Standards Board Hearing, Respondents filed a Special Appearance First Request for Continuance to the Building Standards Board Hearing for a period of sixty (60) days to allow the City of Corpus Christi Texas and the Code Enforcement Division to bring forth and provide evidence on the record of a signed written contract between the parties, of the Petitioner's Standing to bring forth a claim against the Respondents upon which relief can be granted, of Personal Jurisdiction upon the Respondents, of Subject Matter Jurisdiction and of Territorial Jurisdiction to prepare and preserve the Administrative Record for judicial review. (See attached Respondents Special Appearance Challenge to Standing and Jurisdiction Exhibit G). 7. The Building Standards Board failed to ascertain at the Hearing on May 26, 2022 whether the Petitioners' brought forth evidence on the record proving Standing, Personal Jurisdiction, Subject Matter Jurisdiction and Territorial Jurisdiction regarding the Respondents and Del Mar, Lot 16, Block 40 also known as 625 Atlantic, Corpus Christi, Texas, Nueces County, Texas. 8. The Building Standards Board denied Respondents' Special Appearance First Request for Continuance to the Building Standards Board Hearing for a period of sixty (60) days to allow the City of Corpus Christi Texas and the Code Enforcement Division to Case No.: V172254-011122 Notice of Appeal to the Building Standards Board Order dated May 26,2022 (with Exhibits A—G) Page 2 of 10 bring forth and provide evidence on the record of a signed written contract between the parties, of the Petitioner's Standing to bring forth a claim against the Respondents upon which relief can be granted, of Personal Jurisdiction upon the Respondents, of Subject Matter Jurisdiction and of Territorial Jurisdiction to prepare and preserve the Administrative Record for judicial review. 9. The Building Standards Board Order states: "The dilapidated or substandard building(s), structure(s), or premises shall be removed or demolished and removed by the owner(s), lienholder(s), and/or mortgagee(s) within 30 days." (See attached Building Standards Board Order, Exhibit F). 10. As of June 24, 2022, Respondents have not received any requested documentation, supporting evidence, legal statute(s) specific authority and proof of standing, venue, Personal Jurisdiction, Subject Matter Jurisdiction and Territorial Jurisdiction, sworn under oath and signed under penalty of perjury, on the record in these Administrative proceedings at issue from the CITY OF CORPUS CHRISTI, the CODE ENFORCEMENT DIVISION and the BUILDING STANDARDS BOARD. (See attached Affidavit of Michael A. De Los Santos, at paragraph #5, Exhibit E). 11. Respondents did not understand the public hearing before the Building Standards Board which was held on Thursday, May 26, 2022 at 1:30pm in the respective City Hall Council Chambers located at 1201 Leopard Street, 1St Floor, Corpus Christi, Texas. (See attached Affidavit of Michael A. De Los Santos, at paragraphs #6, #8 and #9, Exhibit E). 12. Respondents did not consent to the public hearing before the Building Standards Board which was held on Thursday, May 26, 2022 at 1:30pm in the respective City Hall Council Chambers located at 1201 Leopard Street, 1St Floor, Corpus Christi, Texas. (See attached Affidavit of Michael A. De Los Santos, at paragraphs #7, #12 and #13, Exhibit E). 13. Respondents are not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record of a signed written contract between the CITY OF CORPUS CHRISTI TEXAS, CODE ENFORCEMENT DIVISION, BUILDING STANDARDS BOARD, and INTERNATIONAL PROPERTY MAINTENANCE CODE and with Armando B. De Los Santos, a real, flesh and blood being, which acknowledges Armando B. De Los Santos' explicit written consent to abide by any codes, orders, regulations, rules or statutes promulgated by the CITY OF CORPUS CHRISTI TEXAS, CODE ENFORCEMENT DIVISION, BUILDING STANDARDS BOARD and the INTERNATIONAL PROPERTY MAINTENANCE CODE. (See attached Affidavit of Michael A. De Los Santos, at paragraphs #14, #15 and #16, Exhibit E). 14. Respondents are not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record of a signed written contract between the CITY OF Case No.: V172254-011122 Notice of Appeal to the Building Standards Board Order dated May 26,2022 (with Exhibits A—G) Page 3 of 10 CORPUS CHRISTI TEXAS, CODE ENFORCEMENT DIVISION, BUILDING STANDARDS BOARD, and INTERNATIONAL PROPERTY MAINTENANCE CODE and with Amelia G. De Los Santos, a real, flesh and blood being, which acknowledges Amelia G. De Los Santos' explicit written consent to abide by any codes, orders, regulations, rules or statutes promulgated by the CITY OF CORPUS CHRISTI TEXAS, CODE ENFORCEMENT DIVISION, BUILDING STANDARDS BOARD and the INTERNATIONAL PROPERTY MAINTENANCE CODE. (See attached Affidavit of Michael A. De Los Santos, at paragraphs #17, #18 and #19, Exhibit E). 15. Respondents are not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record of a signed written contract between the CITY OF CORPUS CHRISTI TEXAS, CODE ENFORCEMENT DIVISION, BUILDING STANDARDS BOARD, and INTERNATIONAL PROPERTY MAINTENANCE CODE and with Michael A. De Los Santos, a real, flesh and blood being, which acknowledges Michael A. De Los Santos' explicit written consent to abide by any codes, orders, regulations, rules or statutes promulgated by the CITY OF CORPUS CHRISTI TEXAS, CODE ENFORCEMENT DIVISION, BUILDING STANDARDS BOARD and the INTERNATIONAL PROPERTY MAINTENANCE CODE. (See attached Affidavit of Michael A. De Los Santos, at paragraphs #20, #21 and #22, Exhibit E). 16. Respondents are not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record of a claim by the CITY OF CORPUS CHRISTI TEXAS, CODE ENFORCEMENT DIVISION, BUILDING STANDARDS BOARD, and INTERNATIONAL PROPERTY MAINTENANCE CODE against Armando B. De Los Santos, a real, flesh and blood being. (See attached Affidavit of Michael A. De Los Santos, at paragraphs #23, #24 and #25, Exhibit E). 17. Respondents are not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record of a claim by the CITY OF CORPUS CHRISTI TEXAS, CODE ENFORCEMENT DIVISION, BUILDING STANDARDS BOARD, and INTERNATIONAL PROPERTY MAINTENANCE CODE against Amelia G. De Los Santos, a real, flesh and blood being. (See attached Affidavit of Michael A. De Los Santos, at paragraphs #26, #27 and #28, Exhibit E). 18. Respondents are not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record of a claim by the CITY OF CORPUS CHRISTI TEXAS, CODE ENFORCEMENT DIVISION, BUILDING STANDARDS BOARD, and INTERNATIONAL PROPERTY MAINTENANCE CODE against Michael A. De Los Santos, a real, flesh and blood being. (See attached Affidavit of Michael A. De Los Santos, at paragraphs #29, #30 and #31, Exhibit E). 19. Respondents are not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record of the CITY OF CORPUS CHRISTI TEXAS', Case No.: V172254-011122 Notice of Appeal to the Building Standards Board Order dated May 26,2022 (with Exhibits A—G) Page 4 of 10 CODE ENFORCEMENT DIVISION'S, BUILDING STANDARDS BOARD'S, and INTERNATIONAL PROPERTY MAINTENANCE CODE'S Personal Jurisdiction over Armando B. De Los Santos, a real, flesh and blood being. (See attached Affidavit of Michael A. De Los Santos, at paragraphs #32, #33 and #34, Exhibit E). 20. Respondents are not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record of the CITY OF CORPUS CHRISTI TEXAS', CODE ENFORCEMENT DIVISION'S, BUILDING STANDARDS BOARD'S, and INTERNATIONAL PROPERTY MAINTENANCE CODE'S Personal Jurisdiction over Amelia G. De Los Santos, a real,flesh and blood being. (See attached Affidavit of Michael A. De Los Santos, at paragraphs #35, #36 and #37, Exhibit E). 21. Respondents are not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record of the CITY OF CORPUS CHRISTI TEXAS', CODE ENFORCEMENT DIVISION'S, BUILDING STANDARDS BOARD'S, and INTERNATIONAL PROPERTY MAINTENANCE CODE'S Personal Jurisdiction over Michael A. De Los Santos, a real, flesh and blood being. (See attached Affidavit of Michael A. De Los Santos, at paragraphs #38, #39 and #40, Exhibit E). 22. Respondents are not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record of Subject Matter Jurisdiction established by the CITY OF CORPUS CHRISTI TEXAS, CODE ENFORCEMENT DIVISION, BUILDING STANDARDS BOARD and the INTERNATIONAL PROPERTY MAINTENANCE CODE for the hearing before the Building Standards Board on Thursday, May 26, 2022 at 1:30pm in the respective City Hall Council Chambers located at 1201 Leopard Street, 1 st Floor, Corpus Christi, Texas. (See attached Affidavit of Michael A. De Los Santos, at paragraphs #41 and #42, Exhibit E). 23. Respondents are not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record of Territorial Jurisdiction established by the CITY OF CORPUS CHRISTI TEXAS, CODE ENFORCEMENT DIVISION, BUILDING STANDARDS BOARD and the INTERNATIONAL PROPERTY MAINTENANCE CODE for the hearing before the Building Standards Board on Thursday, May 26, 2022 at 1:30pm in the respective City Hall Council Chambers located at 1201 Leopard Street, 1 st Floor, Corpus Christi, Texas. (See attached Affidavit of Michael A. De Los Santos, at paragraphs #43 and #44, Exhibit E). 24. Respondents are not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record by the CITY OF CORPUS CHRISTI TEXAS proving Del Mar; Lot 16, Block 40 also known as 625 Atlantic, Corpus Christi, Texas, Nueces County, Texas is within the Territorial Jurisdiction of the CITY OF CORPUS CHRISTI TEXAS, CODE ENFORCEMENT DIVISION, BUILDING STANDARDS BOARD, INTERNATIONAL PROPERTY MAINTENANCE CODE, THE STATE OF Case No.: V172254-011122 Notice of Appeal to the Building Standards Board Order dated May 26,2022 (with Exhibits A—G) Page 5 of 10 TEXAS and STATE OF TEXAS. (See attached Affidavit of Michael A. De Los Santos, at paragraphs #45, #46 and #47, Exhibit E). 25. Respondents are not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record by the CODE ENFORCEMENT DIVISION proving Del Mar; Lot 16, Block 40 also known as 625 Atlantic, Corpus Christi, Texas, Nueces County, Texas is within the Territorial Jurisdiction of the CITY OF CORPUS CHRISTI TEXAS, CODE ENFORCEMENT DIVISION, BUILDING STANDARDS BOARD, INTERNATIONAL PROPERTY MAINTENANCE CODE, THE STATE OF TEXAS and STATE OF TEXAS. (See attached Affidavit of Michael A. De Los Santos, at paragraphs #48, #49, #50 and #51, Exhibit E). 26. Respondents do not want to conduct any business with the CITY OF CORPUS CHRISTI TEXAS, CODE ENFORCEMENT DIVISION, BUILDING STANDARDS BOARD and INTERNATIONAL PROPERTY MAINTENANCE CODE at this time regarding Del Mar; Lot 16, Block 40 also known as 625 Atlantic, Corpus Christi, Texas, Nueces County, Texas. (See attached Affidavit of Michael A. De Los Santos, at paragraphs #52, #53, #54 #55, #56, #57, #58, #59 and #60 Exhibit E). II. The Order of the BUILDING STANDARDS BOARD is Erroneous A. Argument and Authorities 27. First and foremost, Ms. Diana T. Garza's Letter to the Respondents at Exhibit C complains; to-wit: "The Code Enforcement Division conducted a survey of the above listed property and found violations of the International Property Maintenance Code and/or ordinances of the City of Corpus Christi." 28. In this matter at issue, the CITY OF CORPUS CHRISTI TEXAS, CODE ENFORCEMENT DIVISION, BUILDING STANDARDS BOARD and the INTERNATIONAL PROPERTY MAINTENANCE CODE are all presuming Armando B. De Los Santos, Amelia G. De Los Santos and Del Mar; Lot 16, Block 40 also known as 625 Atlantic, Corpus Christi, Texas, Nueces County, Texas are subject to the codes, orders, provisions, regulations, rules or statutes promulgated by the CITY OF CORPUS CHRISTI TEXAS, CODE ENFORCEMENT DIVISION, BUILDING STANDARDS BOARD and the INTERNATIONAL PROPERTY MAINTENANCE CODE. 29. The preeminent question before the Honorable Mayor Paulette M. Guajardo and esteemed Members of the City Council is where on the record is the signed written contract between the aforesaid parties and entities, i.e., International Property Maintenance Code and/or the City of Corpus Christi and with Armando B. De Los Santos, Case No.: V172254-011122 Notice of Appeal to the Building Standards Board Order dated May 26,2022 (with Exhibits A—G) Page 6 of 10 Amelia G. De Los Santos and Del Mar; Lot 16, Block 40 also known as 625 Atlantic, Corpus Christi, Texas, Nueces County, Texas? 30. In addition, and of paramount importance, where on the record is the court admissible evidence, sworn under oath and signed under penalty of perjury, proving standing, venue, personal jurisdiction, subject matter jurisdiction and territorial jurisdiction over the parties and matters in the Administrative proceedings at issue? 31. Respondents are not in receipt of the signed written contract on the record, sworn under oath and signed under penalty of perjury, proving Armando B. De Los Santos', Amelia G. De Los Santos' and Del Mar; Lot 16, Block 40 also known as 625 Atlantic, Corpus Christi, Texas, Nueces County, Texas' explicit written consent to abide by any codes, orders, provisions, regulations, rules or statutes promulgated by the CITY OF CORPUS CHRISTI TEXAS, CODE ENFORCEMENT DIVISION, BUILDING STANDARDS BOARD and the INTERNATIONAL PROPERTY MAINTENANCE CODE. 32. In any Administrative proceeding, the moving party [CITY OF CORPUS CHRISTI TEXAS and the CODE ENFORCEMENT DIVISION] has the burden of proof demonstrating on the record the Agency has standing, venue, personal jurisdiction, subject matter jurisdiction and territorial jurisdiction over the parties and matters before the Agency. (See Title 5, Part 1, Chapter 5, Subchapter 11, Section 556 (d) Except as otherwise provided by statute, the proponent of a rule or order has the burden of proof.) (emphasis added) (5 U.S. Code §556). 33. "Jurisdiction, once challenged, is to be proven, not by the court, but by the party attempting to assert jurisdiction. The burden of proof of jurisdiction lies with the asserter." (See McNutt v. GMAC, 298 US 178 (1936)). 34. "If there is a total want of jurisdiction, the proceedings are void and a mere nullity, and confer no right, and afford no justification, and may be rejected when collaterally drawn in question." (See Thompson v. Tolmie, 27 US 157 (1829)). 35. On May 26, 2022 and at the hearing before the Building Standards Board, Respondents formally challenged in writing to the CITY OF CORPUS CHRISTI TEXAS, CODE ENFORCEMENT DIVISION, BUILDING STANDARDS BOARD regarding proof on the record of Standing, Personal Jurisdiction, Subject Matter Jurisdiction and Territorial Jurisdiction over the parties and matters in these Administrative proceedings at issue. (See attached Respondents Special Appearance Challenge to Standing and Jurisdiction, Exhibit G). 36. As of June 24, 2022, Respondents are not in receipt of any court admissible evidence, sworn under oath and signed under penalty of perjury, on the record proving Case No.: V172254-011122 Notice of Appeal to the Building Standards Board Order dated May 26,2022 (with Exhibits A—G) Page 7 of 10 Standing, Personal Jurisdiction, Subject Matter Jurisdiction and Territorial Jurisdiction over the parties and matters in these Administrative proceedings at bar. 37. Based on the foregoing Statement of Facts, Affidavit of Michael A. De Los Santos, argument and legal authority, the Building Standards Board Order dated May 26, 2022 should be null and void ab initio for lack of Standing, Personal Jurisdiction, Subject Matter Jurisdiction and Territorial Jurisdiction over the parties and matters in these Administrative proceedings. III. The Order of the BUILDING STANDARDS BOARD would cause undue hardship to the Respondents 38. On or about 1967, Armando B. De Los Santos and Amelia G. De Los Santos purchased Del Mar; Lot 16, Block 40 also known as 625 Atlantic, Corpus Christi, Texas, Nueces County, Texas. The aforementioned property is the first and only residential home ever purchased by Armando B. De Los Santos and Amelia G. De Los Santos in their respective lifetime. (See attached Affidavit of Michael A. De Los Santos, at paragraph #10, Exhibit E). 39. With all due respect, Armando B. De Los Santos is an eighty-three (83) year old male, is a disabled Air Force Veteran, is hard of hearing and who is not a hundred (100%) percent physically capable or mentally competent. (See attached Affidavit of Michael A. De Los Santos, at paragraph #8, Exhibit E). 40. With all due respect, Amelia G. De Los Santos is an eighty-four (84) year old female, who has suffered cancer, suffered a stroke, is a Diabetic, is hard of hearing, suffers with high blood pressure, suffers with high cholesterol, suffers with severe back problems and suffers with other comorbidities and who is not a hundred (100%) percent physically capable or mentally competent. (See attached Affidavit of Michael A. De Los Santos, at paragraph #9, Exhibit E). 41 . Due to Amelia G. De Los Santos's above-described maladies and comorbidities, Michael A. De Los Santos is the full-time caregiver for Amelia G. De Los Santos. 42. At the present time, Del Mar; Lot 16, Block 40 also known as 625 Atlantic, Corpus Christi, Texas, Nueces County, Texas contains a plethora of personal photographs, personal mementos, personal memories, personal belongings, personal clothing, furniture and fixtures, tools and other household items of both Armando B. De Los Santos, Amelia G. De Los Santos and of other family members. (See attached Affidavit of Michael A. De Los Santos, at paragraph #11, Exhibit E). Case No.: V172254-011122 Notice of Appeal to the Building Standards Board Order dated May 26,2022 (with Exhibits A—G) Page 8 of 10 43. Both Armando B. De Los Santos and Amelia G. De Los Santos do not have the physical capability, physical energy, bandwidth or wherewithal to remove all the aforementioned personal belongings from the household in a timely and orderly fashion nor to gut the entire home and to receive bids and estimates from professional contractors. Both Armando B. De Los Santos and Amelia G. De Los Santos must rely on third parties to assist in such strenuous, painstaking and time-consuming endeavors. 44. On May 26, 2022 and at the hearing before the Building Standards Board, Respondents respectfully requested a sixty (60) extension to the scheduled Hearing date for the opportunity to remove all personal belongings from the household, to clean all the debris from the yard, to gut the entire inside of the home and to determine from various professional contractors if the home is structurally sound to repair and to perform any needed improvements to the home. 45. For example, a home located at 4209 Junior Terrace, Corpus Christi, Texas has been completely gutted and is currently being repaired and remodeled. Why were the elderly Respondent's herein not given the same opportunity? 46. Here, the Building Standards Board denied the Respondent's aforesaid respective request; and thereby denying the Respondents the opportunity to determine if the Respondent's treasured home could be repaired and remodeled. 47. Please note the Respondent's respectful request for the specific law, authority and jurisdiction to the CITY OF CORPUS CHRISTI, the CODE ENFORCEMENT DIVISION and the BUILDING STANDARDS BOARD is relatively simple and straightforward and if court admissible evidence, sworn under oath and signed under penalty of perjury, is received by me from the CITY OF CORPUS CHRISTI, the CODE ENFORCEMENT DIVISION and the BUILDING STANDARDS BOARD and placed on the record supporting and proving standing, venue, Personal Jurisdiction, Subject Matter Jurisdiction and Territorial Jurisdiction in these instant Administrative proceedings, Armando B. De Los Santos and Amelia G. De Los Santos will respectfully and promptly comply with any requirements thereof. 48. However as of June 24, 2022, the respective Respondents have not received any requested documentation, supporting evidence, legal statute(s) specific authority and proof of standing, venue, Personal Jurisdiction, Subject Matter Jurisdiction and Territorial Jurisdiction, sworn under oath and signed under penalty of perjury, on the record in these Administrative proceedings from the CITY OF CORPUS CHRISTI, the CODE ENFORCEMENT DIVISION and the BUILDING STANDARDS BOARD. (See attached Affidavit of Michael A. De Los Santos, at paragraph #5, Exhibit E). 49. Based on the foregoing, the Statement of Facts herein and the Affidavit of Michael A. De Los Santos, the Building Standards Board Order dated May 26, 2022 demanding Case No.: V172254-011122 Notice of Appeal to the Building Standards Board Order dated May 26,2022 (with Exhibits A—G) Page 9 of 10 "to remove or demolished" the structure(s) located at Del Mar; Lot 16, Block 40 also known as 625 Atlantic, Corpus Christi, Texas, Nueces County, Texas would cause an undue hardship to the elderly Respondents and constitute a grave miscarriage of justice. 50. Respondents reserve the right to amend or supplement this instant Notice of Appeal together with the related Exhibits. 51 . Respondents respectfully thank Mayor Paulette M. Guajardo and the esteemed members of the City Council of Corpus Christi for your consideration and diligent review of this important matter. Respectfully submitted on this 25th day of June 2022. Without prejudice and all rights reserved UCC 1-308, Michael A. De Los Santos, a real, flesh and blood being. P.O. Box 2934 Corpus Christi, Texas 78403-2934 Case No.: V172254-011122 Notice of Appeal to the Building Standards Board Order dated May 26,2022 (with Exhibits A—G) Page 10 of 10 Limited Power of Attorney '-'tal of Texas ..�p Le Nueces County Before me, the undersigned authority, on this day personally appeared, Armando B. De Los Santos, who, being duly sworn by me, under oath stated the following facts are true: KNOW ALL MEN BY THESE PRESENTS to which 1, Armando B. De Los Santos, hereby make, constitute and appoint my son, Michael A. De Los Santos, as my true and lawful attorney-in-fact for me and in my name, place and stead; for the following purposes only: I. To be my duly authorized agent and have full power and authority to undertake and perform on all rnatters before the City of Corpus Christi Code Enforcement Division and the City of Corpus Christi regarding Subdivision: DeL Mar; Lot 16, Block 40 also kno�jrn aS 625 Atlantic, Corpus Christi, Texas, Nueces, County, Texas 78404. 2. This includes the Fight to request and receive arly documentation M E- -ne, C I I rot-n 'lie City of Corpus Chris! Code Enforcei nt Division and the City of Corpus Christi at the following address: P.O. Box 2934, Corpus Christi, Texas 734 0 This Urniled Power d' Attorney is effective immediately and will C.Ohutfue until I personally revoke said wri"tten legal instrument. Signed this day of 201 IJ --- f'c r Miando B. De Los San'os n ub!:, ib-&d and Sworn ko before me I. y "ini-iando B. De Los Santos on this, Gr cay of 2014. V Njfary Public, St&t6'-ofiTexa g.fy Comm*ission Expires: Exhibit A Unifted Power of Attorney State of Texas § Nue-ces County § Before me, the uncle-rsigned authority, on this day personally appeared, Arnelia G. De Los Santos, vilio, being duly sworn by me, under oath stated the following facts are true: KNOW ALL MEN BY THESE PRESENTS to which 1, Amelia G. De Los Santos, hereby make, constitute and appoint my son, Michael A. De Los Santos, as my true and lawful attorney-in-fact for me and in my name, place and stead; for the following purposes only: 1. To be my duly authorized agent and have full power and authority to t�ndertake and perform on all matters before the, City of Corpus Christi Code IE:nforcement Division and the City of Corpus Chri�&ti regarding Subdivision: DeL tv,';ar; Lot 16, Block 40 also fmot,,vn as 625 Atlantic, Corpus Christi, Texas, Nueces County, Texas 78404. 2. This includes the right to [request and receive any documentation from the City of Corpus Christi Cod- if the City of ro, Ei►lorcement Division and Corpus Christi at the following address: P.O. Box 2934, Corpus Christi, Texas 78403. T-i� LIinmil-eU' ',.3 Power "torney is effectLive anwill coir tinue until I personally revoke said wri"Uen legal instrument. Signed. t1his- day of 2014. G De Los Sanlos and 'wo-n io before m-6 by Amelia G. De 'Los Santos on this Jay of By !,Jotary Public, t,ly C c,m f mn i s E x p r e:3: Exhibit B NOTICE OF PUBLIC HEARING 1 .. RE: 625 ATLANTIC ST LEGAL DESCRIPTION: DEL LIAR LT 16 BK 40 CORPUS CHRISTI. TEXAS NVECES COUNTY OWNER: DE LOS SANTOS ARMANDO B ET UX 625 ATLANTIC CORPUS CHRISTI. TX 78404 Notice is hereby given that the Building Standards Board vgill hold a public hearin« regarding the above listed property on Thursday, May, 261", 2022, at 1:30 PNI. in the COUNCIL CHAMBERS located at CITY HALL, 1201 LEOPARD, CORPUS CHRISTI, TEXAS 78401. NOTICE TO PERSON LISTED ABOVE AS OWNER: According to the real property records of Nueces County, you own the real property described in this notice. If you no longer own the property, you must execute an affidavit stating that you no longer own the property and stating the name and last known address of the person who acquired the property from you. The affidavit must be delivered in person or by certified mail, return receipt requested, to this office not later than the 20t' day after the date you receive this notice. If,you do not send the affidavit, it will be presumed that you own the property, described in this notice, even if you do not. The Code Enforcement Dig inion conducted a sur\ey of the aboN e listed property and found %violations of the Internationai Piope-,�- \1-�intenance Code and,or ordinances ofthe City of Corpus Christi. A notice of the violations) and order to abate/remedy was sent to you on 2/28/2022. Additionally. the notice of the violation(s) was published in the Corpus Christi Caller Times newspaper on 03/17/2022. A subsequent inspection was conducted and the violations still have not been cured. The attached exhibits list the nature of the violations and the relevant code provisions being violated. . ,,!e Exhibits A & B. As required b\ state is . public meeting will be held regarding these violations. The City's Building and Standards Beard (hereinafter the "Board") will conduct the meeting. City staff will be recommendinL, demolition to the above listed property. The owner, or the occupant, if the premises are to be vacated, shall come before the board at the hearing and show cause why, the remedy sought bN the official should not be granted. You will have the opportunity to comment regarding the City staff s recommendation. You may also question city staff, as long as the questions pertain to this property. You or any owner, lienholder, or mortgagee will be required to submit proof of the scope of any work that may be required to comply with the ordinance and the time it will take to reasonably perform the work. At the close of the public hearing, the Board Nvill make a decision and issue a final order. I-i^: -2 0 ::`% round in violation of the standards set out in the Cit\ 's ordinance; the Board 11_operty be \acated. secured. repaired. removed Or demolished by you. The O`-,e' _h3' ani occupants be relocated. au_1horizeu- :`eni nn,_ appeal the decision of the Board to th i.e decso: of 1l Board is enTorieous or would cause undue hardship. A sworn notice orappeal from the decision of the Board shall be filed with the C11 Secretary within 30 days from the rendition of the decision of the Board. The appeal shall state specifically the error alleged to have been committed by the Board. Prior to the institution of any appeal in a court of law by an aggrieved person from a decision of the Board. appeal must first be rerFeCted to iae Citi COUr-Cll. The dec;Sion of the Cln CoailCil sl1'l be final :micas the cc _e r _ i e31 b`. I La .[1`' �L- for that purpose In ail\" coil s ha ":'1` ji!rI �ICtion «ithIIl 1` irom the d3ie on V. 1 d.'CL OiI Of the Clt\ C On11Cil l\'a rendered. If you do not tollow the order of[h,- Board- the Cite Inav vacate. secure. remove. or demolish the building or relocate the Occup nis and such cost will be, charged to you and rnav result in a lien being tiled auainst this propl�l-iy . If you have any questions rc�,arding this matter, please contact Diana T. Garza at (361) 826- 3009. Sincerely, Diana T. Garza Code Compliance Officer/ Building Standards Board Liaison Corpus Christi Code Enforcement Police Department Attachments: Affidavit of Non-Ownership, Exhibit A. Exhibit B STATE OF TEXAS COUNTYOF NUECES SWORN AND SUBSCRIBED BEFORE ME BY DIANA T. GARZA. A CREDIBLE'. PERSON. THIS 2nd DAY OF —MAY , 2022. TARY PUBLIC. STATE OFTEXAS ,JESSICA D.MARTINEZ <a r _NotaryPublic,StMeofTaxast, ' `�� Comm.Expires C5-?4-20'',4 a; GOVERNMENT CODE TITLE 10 . GENERAL GOVERNMENT SUBTITLE A. ADMINISTRATIVE PROCEDURE AND PRACTICE CHAPTER 2001 . ADMINISTRATIVE PROCEDURE SUBCHAPTER A. GENERAL PROVISIONS Sec. 2001 . 001 . PURPOSE. It is the public policy of the state through this chapter to: (1) provide minimum standards of uniform practice and procedure for state agencies; (2) provide for public participation in the rulemaking process; and (3) restate the law of judicial review of state agency action. Added by Acts 1993, 73rd Leg. , ch. 268, Sec. 1, eff. Sept . 1, 1993. Sec. 2001 . 002 . SHORT TITLE. This chapter may be cited as the Administrative Procedure Act. Added by Acts 1993, 73rd Leg. , ch. 268, Sec. 1, eff. Sept . 1, 1993 . Sec. 2001 . 003 . DEFINITIONS . In this chapter: (1) "Contested case" means a proceeding, including a ratemaking or licensing proceeding, in which the legal rights, duties, or privileges of a party are to be determined by a state agency after an opportunity for adjudicative hearing. (2) "License" includes the whole or a part of a state agency permit, certificate, approval, registration, or similar form of permission required by law. Exhibit D Sec. 2001 . 052 . CONTENTS OF NOTICE. (a) Notice of a hearing in a contested case must include: (1) a statement of the time, place, and nature of the hearing; (2) a statement of the legal authority and jurisdiction under which the hearing is to be held; (3) a reference to the particular sections of the statutes and rules involved; and (4) a short, plain statement of the matters asserted. (b) If a state agency or other party is unable to state matters in detail at the time notice under this section is served, an initial notice may be limited to a statement of the issues involved. On timely written application, a more idefinite and detailed statement shall , be furnished not less than three days before the date set for the hearing. Added by Acts 1993, 73rd Leg. , ch. 268, Sec. 1, eff. Sept . 1, 1993 . Exhibit D Affidavit of Michael A. De Los Santos in Support of the Notice of Appeal to the Building Standards Board Order dated May 26, 2022 Texas § § Nueces County § BY SPECIAL APPEARANCE ONLY and without waiving any defenses to Standing, Personal Jurisdiction, Subject Matter Jurisdiction and Territorial Jurisdiction to any party, entity or other real, flesh and blood being associated with the CITY OF CORPUS CHRISTI TEXAS, with the CODE ENFORCEMENT DIVISION and with the BUILDING STANDARDS BOARD and further without waiving any rights under the Uniform Commercial Code, Michael A. De Los Santos, a real, flesh and blood being came before me, the undersigned Notary Public, on this day personally appeared, Michael A. De Los Santos, known to me or through Michael A. De Los Santos's Texas Driver's License, to be the person whose name is subscribed in this Affidavit and who, h?ing by me first duly sworn, ,ander oath declared the following statements herein are true and correct. 1. I am Michael A. De Los Santos, a real flesh and blood being. 2. 1 am over eighteen years of age, and I am qualified and competent to make and give this written Affidavit in support of the Notice of Appeal to the Building Standards Board Order dated May 26, 2022. 3. I have personal knowledge of each of the following facts, statements and matters stated herein this written Affidavit. 4. My respectful request for the specific law, authority and jurisdiction to the CITY OF CORPUS CHRISTI, the CODE ENFORCEMENT DIVISION and the BUILDING STANDARDS BOARD is relatively simple and straightforward and if court admissible evidence, sworn under oath and signed under penalty of perjury, is received by me from the CITY OF CORPUS CHRISTI, the CODE ENFORCEMENT DIVISION and the BUILDING STANDARDS BOARD and placed on the record supporting and proving standing, venue, Personal Jurisdiction, Subject Matter Jurisdiction and Territorial Jurisdiction in these instant Administrative proceedings, Armando B. De Los Santos, Amelia G. De Los Santos and I will respectfully and promptly comply with any requirements thereof. Affidavit of Michael A.De Los Santos Exhibit E in Support of the Notice of Appeal to the Building Standards Board Order dated May 26.2022 Pagel of 8 5. As of June 24, 2022, I have not received any requested documentation, supporting evidence, legal statute(s) specific authority and proof of standing, venue, Personal Jurisdiction, Subject Matter Jurisdiction and Territorial Jurisdiction, sworn under oath and signed under penalty of perjury, on the record in these Administrative proceedings from the CITY OF CORPUS CHRISTI, the CODE ENFORCEMENT DIVISION and the BUILDING STANDARDS BOARD. 6. I did not understand the public hearing before the Building Standards Board which was held on Thursday, May 26, 2022 at 1:30pm in the respective City Hall Council Chambers located at 1201 Leopard Street, 1St Floor, Corpus Christi, Texas. 7. I did not consent to the public hearing before the Building Standards Board which was held on Thursday, May 26, 2022 at 1:30pm in the respective City Hall Council Chambers located at 1201 Leopard Street, 1St Floor, Corpus Christi, Texas. 8. With all due respect, Annando B. De Los Santos is an eighty-three (83) year old male, a disabled Air Force Veteran and who is not a hundred (100%) percent physically capable or mentally competent. 9. With all due respect, Amelia G. De Los Santos is an eighty-four (84) year old female, who has suffered cancer, suffered a stroke, is a Diabetic, suffers with high blood pressure, with high cholesterol and with other comorbidities and who is not a hundred (100%) percent physically capable or mentally competent. 10. On or about 1967, the property at issue; to-wit: Del Mar; Lot 16, Block 40 also known as 625 Atlantic, Corpus Christi, Texas, Nueces County, Texas is the first and only home ever purchased by Annando B. De Los Santos and Amelia G. De Los Santos. 11. At the present time, Del Mar; Lot 16, Block 40 also known as 625 Atlantic, Corpus Christi, Texas, Nueces County, Texas contains a plethora of personal photographs, personal mementos, personal memories, personal belongings, personal clothing, furniture and fixtures, tools and other household items of both Armando B. De Los Santos, Amelia G. De Los Santos and of other family members. 12. Armando B. De Los Santos, a real, flesh and blood being, did not consent to the public hearing before the Building Standards Board which was held on Thursday, May 26, 2022 at 1:30pm in the respective City Hall Council Chambers located at 1201 Leopard Street, 1st Floor, Corpus Christi, Texas. 13. Amelia G. De Los Santos, a real, flesh and blood being, did not consent to the public hearing before the Building Standards Board which was held on Thursday, May 26, 2022 at 1:30pm in the respective City Hall Council Chambers located at 1201 Leopard Street, 1 st Floor, Corpus Christi, Texas. Affidavit of Michael A.De Los Santos Exhibit E in Support of the Notice of Appeal to the Building Standards Board Order dated May 26.2022 Page 2 of 8 14. I am not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record of a signed written contract between the CITY OF CORPUS CHRISTI TEXAS and Annando B. De Los Santos, a real, flesh and blood being, which acknowledges Annando B. De Los Santos' explicit written consent to abide by any codes, orders, regulations, rules or statutes promulgated by the CITY OF CORPUS CHRISTI TEXAS. 15. I am not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record of a signed written contract between the CODE ENFORCEMENT DIVISION and Armando B. De Los Santos, a real, flesh and blood being, which acknowledges Armando B. De Los Santos' explicit written consent to abide by any codes, orders, regulations, riles or statutes promulgated by the CODE ENFORCEMENT DIVISION. 16. I am not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record of a signed written contract between the BUILDING STANDARDS BOARD and Armando B. De Los Santos, a real, flesh and blood being, which acknowledges Armando B. De Los Santos' explicit written consent to abide by any codes, orders, regulations, rules or statutes promulgated by the BUILDING STANDARDS BOARD. 17. I am not in receipt of any evidence, sworn under oath and sighed udder penalty of perjury, on the record of a signed written contract between the CITY OF CORPUS CHRISTI TEXAS and Amelia G. De Los Santos, a real, flesh and blood being, which acknowledges Amelia G. De Los Santos' explicit written consent to abide by any codes, orders, regulations, rules or statutes promulgated by the CITY OF CORPUS CHRISTI TEXAS. 18. 1 am not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record of a signed written contract between the CODE ENFORCEMENT DIVISION and Amelia G. De Los Santos, a real, flesh and blood being, which acknowledges Amelia G. De Los Santos' explicit written consent to abide by any codes, orders, regulations, rules or statutes promulgated by the CODE ENFORCEMENT DIVISION. 19. 1 am not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record of a signed written contract between the BUILDING STANDARDS BOARD and Amelia G. De Los Santos, a real, flesh and blood being, which acknowledges Amelia G. De Los Santos' explicit written consent to abide by any codes, orders, regulations, rules or statutes promulgated by the BUILDING STANDARDS BOARD. 20. 1 am not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record of a signed written contract between the CITY OF CORPUS Affidavit of Michael A.De Los Santos Exhibit E in Support ofthe Notice of Appeal to the Building Standards Board Order dated May 26.2022 Page 3 of 8 CHRISTI TEXAS and Michael A. De Los Santos, a real, flesh and blood being, which acknowledges Michael A. De Los Santos' explicit written consent to abide by any codes, orders, regulations, rules or statutes promulgated by the CITY OF CORPUS CHRISTI TEXAS. 21. I am not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record of a signed written contract between the CODE ENFORCEMENT DIVISION and Michael A. De Los Santos, a real, flesh and blood being, which acknowledges Michael A. De Los Santos' explicit written consent to abide by any codes, orders, regulations, rules or statutes promulgated by the CODE ENFORCEMENT DIVISION. 22. I am not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record of a signed written contract between the BUILDING STANDARDS BOARD and Michael A. De Los Santos, a real, flesh and blood being, which acknowledges Michael A. De Los Santos' explicit written consent to abide by any codes, orders, regulations, rules or statutes promulgated by the BUILDING STANDARDS BOARD. 23. 1 am not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record of a claim by the CITY OF CORPUS CHRISTI TEXAS against Armando B. De Los Santos, a real, flesh acid blood being. 24. I am not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record of a claim by the CODE ENFORCEMENT DIVISION against Armando B. De Los Santos, a real, flesh and blood being. 25. 1 am not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record of a claim by the BUILDING STANDARDS BOARD against Annando B. De Los Santos, a real, flesh and blood being. 26. 1 am not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record of a claim by the CITY OF CORPUS CHRISTI TEXAS against Amelia G. De Los Santos, a real, flesh and blood being. 27. 1 am not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record of a claim by the CODE ENFORCEMENT DIVISION against Amelia G. De Los Santos, a real, flesh and blood being. 28. 1 am not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record of a claim by the BUILDING STANDARDS BOARD against Amelia G. De Los Santos, a real, flesh and blood being. Affidavit of Michael A.De Los Santos Exhibit E in Support of the Notice of Appeal to the Building Standards Board Order dated May 26,2022 Page 4 of 8 29. I am not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record of a claim by the CITY OF CORPUS CHRISTI TEXAS against Michael A. De Los Santos, a real, flesh and blood being. 30. I am not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record of a claim by the CODE ENFORCEMENT DIVISION against Michael A. De Los Santos, a real, flesh and blood being. 31. I am not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record of a claim by the BUILDING STANDARDS BOARD against Michael A. De Los Santos, a real, flesh and blood being. 32. I am not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record of the CITY OF CORPUS CHRISTI TEXAS' Personal Jurisdiction over Armando B. De Los Santos, a real, flesh and blood being. 33. I am not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record of the CODE ENFORCEMENT DIVISION'S Personal Jurisdiction over Armando B. De Los Santos, a real, flesh and blood being. 34. I am not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record Of the BUILDING STANDARDS BCARD'S Personal Jurisdiction over Armando B. De Los Santos, a real, flesh and blood being. 35. I am not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record of the CITY OF CORPUS CHRISTI TEXAS' Personal Jurisdiction over Amelia G. De Los Santos, a real, flesh and blood being. 36. I am not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record of the CODE ENFORCEMENT DIVISION'S Personal Jurisdiction over Amelia G. De Los Santos, a real, flesh and blood being. 37. I am not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record of the BUILDING STANDARDS BOARD'S Personal Jurisdiction over Amelia G. De Los Santos, a real, flesh and blood being. 38. I am not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record of the CITY OF CORPUS CHRISTI TEXAS' Personal Jurisdiction over Michael A. De Los Santos, a real, flesh and blood being. 39. I am not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record of the CODE ENFORCEMENT DIVISION'S Personal Jurisdiction over Michael A. De Los Santos, a real, flesh and blood being. Affidavit of Michael A.De Los Santos Exhibit E in Support of the Notice of Appeal to the Building Standards Board Order dated Mav 26,2022 Page 5 of 8 40. I am not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record of the BUILDING STANDARDS BOARD'S Personal Jurisdiction over Michael A. De Los Santos, a real, flesh and blood being. 41. 1 am not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record of Subject Matter Jurisdiction established by the CITY OF CORPUS CHRISTI TEXAS for the hearing before the Building Standards Board on Thursday, May 26, 2022 at 1:30pm in the respective City Hall Council Chambers located at 1201 Leopard Street, 1St Floor, Corpus Christi, Texas. 42. I am not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record of Subject Matter Jurisdiction established by the CODE ENFORCEMENT DIVISION for the hearing before the Building Standards Board on Thursday, May 26, 2022 at 1:30pm in the respective City Hall Council Chambers located at 1201 Leopard Street, 1St Floor, Corpus Christi, Texas. 43. I am not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record of Territorial Jurisdiction established by the CITY OF CORPUS CHRISTI TEXAS for the hearing before the Building Standards Board on Thursday, May 26, 2022 at 1:30pm in the respective City Hall Council Chambers located at 1201 Leopard Street, 1St Floor, Corpus Christi, Texas. 44. 1 am not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record of Territorial Jurisdiction established by the CODE ENFORCEMENT DIVISION for the hearing before the Building Standards Board on Thursday, May 26, 2022 at 1:30pm in the respective City Hall Council Chambers located at 1201 Leopard Street, 1St Floor, Corpus Christi, Texas. 45. 1 am not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record by the CITY OF CORPUS CHRISTI TEXAS proving Del Mar; Lot 16, Block 40 also known as 625 Atlantic, Corpus Christi, Texas, Nueces County, Texas is within the Territorial Jurisdiction of the CITY OF CORPUS CHRISTI TEXAS. 46. 1 am not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record by the CITY OF CORPUS CHRISTI TEXAS proving Del Mar; Lot 16, Block 40 also known as 625 Atlantic, Corpus Christi, Texas, Nueces County, Texas is within the Territorial Jurisdiction of THE STATE OF TEXAS. 47. 1 am not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record by the CITY OF CORPUS CHRISTI TEXAS proving Del Mar; Lot 16, Block 40 also known as 625 Atlantic, Corpus Christi, Texas, Nueces County, Texas is within the Territorial Jurisdiction of the STATE OF TEXAS. Affidavit of Michael A.De Los Santos Exhibit E in Support of the Notice of Appeal to the Building Standards Board Order dated May 26,2022 Page 6 of 8 48. I am not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record by the CODE ENFORCEMENT DIVISION proving Del Mar; Lot 16, Block 40 also known as 625 Atlantic, Corpus Christi, Texas, Nueces County, Texas is within the Territorial Jurisdiction of the CITY OF CORPUS CHRISTI TEXAS. 49. 1 am not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record by the CODE ENFORCEMENT DIVISION proving Del Mar; Lot 16, Block 40 also known as 625 Atlantic, Corpus Christi, Texas,Nueces County, Texas is within the Territorial Jurisdiction of the CODE ENFORCEMENT DIVISION. 50. I am not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record by the CODE ENFORCEMENT DIVISION proving Del Mar; Lot 16, Block 40 also known as 625 Atlantic, Corpus Christi, Texas, Nueces County, Texas is within the Territorial Jurisdiction of THE STATE OF TEXAS. 51. I am not in receipt of any evidence, sworn under oath and signed under penalty of perjury, on the record by the CODE ENFORCEMENT DIVISION proving Del Mar; Lot 16, Block 40 also known as 625 Atlantic, Corpus Christi, Texas, Nueces County, Texas is within the Territorial Jurisdiction of the STATE OF TEXAS. 52. 1 do not want to conduct any business with the CITY OF CORPUS CHRISTI TEXAS at trirS time regarding Dei Mar; Lot 16, Block 40 also known as 625 Atlantic, Corpus Christi, Texas, Nueces County, Texas. 53. I do not want to conduct any business with the CODE ENFORCEMENT DIVISION at this time regarding Del Mar; Lot 16, Block 40 also known as 625 Atlantic, Corpus Christi, Texas, Nueces County, Texas. 54. I do not want to conduct any business with the BUILDING STANDARDS BOARD at this time regarding Del Mar; Lot 16, Block 40 also known as 625 Atlantic, Corpus Christi, Texas, Nueces County, Texas. 55. Armando B. De Los Santos does not want to conduct any business with the CITY OF CORPUS CHRISTI TEXAS at this time regarding Del Mar; Lot 16, Block 40 also known as 625 Atlantic, Corpus Christi, Texas, Nueces County, Texas. 56. Armando B. De Los Santos does not want to conduct any business with the CODE ENFORCEMENT DIVISION at this time regarding Del Mar; Lot 16, Block 40 also known as 625 Atlantic, Corpus Christi, Texas, Nueces County, Texas. 57. Armando B. De Los Santos does not want to conduct any business with the BUILDING STANDARDS BOARD at this time regarding Del Mar; Lot 16, Block 40 also known as 625 Atlantic, Corpus Christi, Texas, Nueces County, Texas. Affidavit of Michael A.De Los Santos Exhibit E in Support of the Notice of Appeal to the Building Standards Board Order dated May 26.2022 Page 7 of 8 58. Amelia G. De Los Santos does not want to conduct any business with the CITY OF CORPUS CHRISTI TEXAS at this time regarding Del Mar; Lot 16, Block 40 also known as 625 Atlantic, Corpus Christi, Texas, Nueces County, Texas. 59. Amelia G. De Los Santos does not want to conduct any business with the CODE ENFORCEMENT DIVISION at this time regarding Del Mar; Lot 16, Block 40 also known as 625 Atlantic, Corpus Christi, Texas,Nueces County, Texas. 60. Amelia G. De Los Santos does not want to conduct any business with the BUILDING STANDARDS BOARD at this time regarding Del Mar; Lot 16, Block 40 also known as 625 Atlantic, Corpus Christi, Texas, Nueces County, Texas. 61. I reserve the right to amend or supplement this Affidavit of Michael A. De Los Santos. Affiant further sayeth naught. Signed on this,::�l k day of 0 ' 2022. All R'ghts Reserved. Without Preju ic�UCC 1-J08 Michael A. De Los Santos, a real, flesh and blood being. Subscribed and sworn to before me by Michael A. e Los Santos on this day of 2022. J�l (Personalized Seal) By Notary Public, State of Texas J My Commission Expires: C), ELOISE M.WHITE 5 ; r My Notoy 0#126883682 Expires December 16,2025 Affidavit of Michael A.De Los Santos Exhibit E in Support of the Notice of Appeal to the Building Standards Board Order dated May 26,2022 Page 8 of 8 `£ Code Enforcement Division °°D T' j '�NPOHas orn310 5/26/2022 CERTIFIED LETTER# 7020 1290 0000 7519 6197 AMELIA G. DE LOS SANTOS C/O MICHAEL DE LOS SANTOS RE: 625 ATLANTIC ST PO BOX 2934 Legal Description: DEL MAR LT 16 BK 40 CORPUS CHRISTI,TX. 78403 The Building Standards Board (hereinafter, "Board") met at 1:30 P.M.on 05/26/2022 in the Council Chambers, 1201 Leopard, to hear matters concerning the substandard building(s) located at the above referenced property. In reference to the substandard building(s),the Final Order of the Board's decision is enclosed. The Final Order specifies the time allowed for the owner, lienholder, and/or mortgagee to comply with the Board's Final Order. The time permitted commences from the date listed on the enclosed Order. An appeal of this Board's decision may be made to the City Council under the provisions of Corpus Christi Code Sec. 13-24-Appeals. It may be necessary for the owner, lienholder, and/or mortgagee to obtain the proper permits before initiating demolition or repairs ordered by the Board. A permit can be obtained at Development Services located at 2406 Leopard Street, Corpus Christi,Texas. Please contact Diana T. Garza, Building Standards Board Liaison, if you have any questions regarding this matter. She can be reached at (361) 826-3009. Sincerely, Diana T. Garza Building Standards Board Liaison Code Enforcement Division Attachment: FINAL ORDER OF THE BUILDING STANDARDS BOARD Case number: V172254-011122 a ��L L l P.O. Box 9277 Corpus Christi,Texas 78469-9277 • (361) 826-3046 9 http://www.cctexas.com/ FINAL ORDER OF THE BUILDING STANDARDS BOARD Case No. V172254-011122 Property Owner(s)/Lienholder(s)/Mortgagee(s) RE: 625 ATLANTIC ST AMELIA G. DE LOS SANTOS C/O MICHAEL DE LOS SANTOS PO BOX 2934 Legal Description: DEL MAR LT 16 BK 40 CORPUS CHRISTI,TX. 78403 This Final Order is issued pursuant to the authority granted to the Building Standards Board ("Board") of the City of Corpus Christi, ("City"), Nueces County,Texas in accordance with the Charter of the City, Chapter 13 of the City's Code of Ordinances ("Code") and the Texas Local Government Code. On_05/26/2022_,the City of Corpus Christi Building and Standards Board held a public hearing and made the following findings regarding the building(s) or structure(s)located at the above referenced property: 1. Pursuant to the provisions of Chapter 13 of the Code, on_1/11/2022_an inspection for substandard conditions was made of the building(s) or structure(s) located within the City at the above referenced property; 2. On_2/28/2022_a notice of violation(s) and request to correct the violation(s)was sent to the owner(s), lienholder(s), mortgagee(s) and all known interested parties. Additionally, on_03/17/2022_notice of violation(s)was published in the Corpus Christi Caller Times; 3. Thirty days elapsed since the notice of violation(s) was received and/or published, and such violation(s) was not cured; 4. Code Official, Diana T. Garza, filed a complaint with the Chairman of the Board regarding the above referenced property on_05/02/2022_, and the public hearing was held not less than ten days and not more than 45 days after the complaint was filed; 5. Notice of the public hearing was sent to the owner(s), lienholder(s), mortgagee(s) and all known interested parties on_5/3/2022_, which was at least ten day prior to the public hearing. Additionally, on_05/02/2022_ notice of the public hearing was published in the Corpus Christi Caller Times; 6. After considering the testimony and reviewing the documentation and information submitted by City Staff and after affording the owner, lienholder, mortgagee(s), and/or other interested parties the opportunity to address the Board and present testimony, documentation and information,the Board finds the building(s) or structure(s) located at the above referenced property is substandard and constitutes a nuisance. 7. The City will vacate, secure, remove, or demolish the building or relocate the building occupants if the action ordered below is not taken within the allotted time. 8. If there are items of personal property in the premises to be demolished, the owner is ordered to remove personal property from the premises within 30 days of the date of this Order. If such items of personal property are not removed from the premises within 30 days, they shall be placed in storage for 90 days. During this period, they may be redeemed by the owner after all costs incurred in placing the items in storage and all accumulated storage fees have been paid. If the property is not redeemed within 90 days,the City may cause the same to be sold at auction. The proceeds of the sale shall be used to pay for any costs incurred in the storage of the property, and any excess amount shall be set off against the cost of demolition to be charged to the owner. The Board ORDERS: The substandard building(s) or structure(s)shall be secured by the owner(s), lienholder(s), and/or mortgagee(s) from unauthorized entry within 30 days. OR The Board finds the substandard building(s) or structure(s) can reasonably be repaired so as to comply with the code;therefore,the Board ORDERS: The substandard building(s) or structure(s) shall be repaired by the owner(s), lienholder(s), and/or mortgagee(s) within 30 days. Repairs must comply with City Ordinance Section 13-22(g). The substandard building(s) or structure(s)shall be repaired by the owner(s), lienholder(s), and/or mortgagee(s) within_(31 to 90) days. Repairs must comply with City Ordinance Section 13-22(g). Further,the owner(s), lienholder(s),and/or mortgagee(s) shall secure the property in a reasonable manner from unauthorized entry while the work is being performed, and work shall be commenced and performed in accordance with the time schedules established by the Board,to wit: OR I The Board finds the substandard building(s) or strL!cture(s) is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin-infested that it creates a serious hazard to the health or safety of the occupants or the public;therefore, the Board ORDERS: The substandard building(s) or structure(s) shall be vacated by the owner(s), lienholder(s), and/or mortgagee(s) within_days. The building(s) or structure(s) shall be placarded to prevent occupancy until the building(s) or structure(s) is brought up to all minimum standards of the code by the owner(s), lienholder(s), and/or mortgagee(s)within 30 days. The substandard building(s) or structure(s) shall be vacated by the owner(s), lienholder(s), and/or mortgagee(s) within_days. The building(s) or structure(s)shall be placarded to prevent occupancy until the building(s) or structure(s) is brought up to all minimum standards of the code within_(31 to 90) days. Further,the owner(s), lienholder(s),and/or mortgagee(s) shall secure the property in a reasonable manner from unauthorized entry while the work is being performed, and work shall be commenced and performed in accordance with the time schedules established by the Board, to wit: OR The Board finds the building(s), structure(s) or premises cannot be repaired because of the refusal of the owner(s) or its intrinsic state of disrepair or both and is dilapidated or substandard; therefore,the Board ORDERS: The dilapidated or substandard building(s), structure(s), or premises shall be removed or demolished and removed by the owner(s), lienholder(s), and/or mortgagee(s) within 30 days. v The dilapidated or substandard building(s), structure(s), or premises shall be removed or demolished and removed by the owner(s), lienholder(s), and/or mortgagee(s), within (31 to 90) days. Further,the owner(s), lienholder(s), and/or mortgagee(s) shall secure the property in a reasonable manner from unauthorized entry while the work is being performed, and work shall be commenced and performed in accordance with the time schedules established by the Board,to wit: OR The Board finds that the owner(s), lienholder(s), and/or mortgagee(s) has submitted a detailed plan and schedule for the repair/removal/demolition (circle one) of the building(s) or structure(s) and the owner(s), lienholder(s) and/or mortgagee(s) has established that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work; therefore,the Board ORDERS: The dilapidated or substandard building(s) or structure(s) shall be repaired/removed/demolished (circle one) by the owner(s), lienholder(s), and/or mortgagee(s) within_days. Repairs must comply with City Ordinance Section 13-22(g). Further,the owner(s), lienholder(s),and/or mortgagee(s) shall secure the property in a reasonable manner from unauthorized entry while the work is being performed, and work shall be commenced and performed in accordance with the detailed plan and schedule submitted to the Board and approved by the Board. The detailed plan and schedule approved by the Board is attached and incorporated by reference to this Order and includes the amendments and/or additions noted below: The owner(s), lienholder(s),and/or mortgagee(s) shall submit monthly progress reports to the Code Enforcement Division to demonstrate compliance with the time schedules established for commencement and performance of the work. The owner(s), lienholder(s), and/or mortgagee(s) shall report bi-monthly to the Board to demonstrate compliance with the time schedules for the work, beginning on and continuing throughout the pendency of the approved schedule. The Board further finds the above referenced property, including structures or improvements on the property, exceeds $100,000 in total value; therefore,the owner(s), lienholder(s), and/or mortgagee(s) shall post a cash or surety bond in an amount adequate to cover the cost of repairing, removing or demolishing the building or structure not later than the 30th day from the date of this Order. Coretta GrahamSGAINST GAINST Catherine Giffin Johanna Ortiz FO AGAINST Merced Pena (alternate) FOR/AGAINST Monica Pareso AGAINST John Solberg 10 GAINST /Signed ed this day of ,2022. j j2_2 under the authority of the Board: Signed under the authority of Board: Chairperson Vice-Chairperson E hob Lt Filed with the City Secretary: Rebecca Huerta City Secretary City of Corpus Christi Texas, § Corpus Christi Code Enforcement, § Petitioners § vs. § Armando B. De Los Santos, § Amelia G. De Los Santos, § Respondents. § Respondents' Special Appearance Challenges and Objections to Petitioners' Standing, Personal Jurisdiction, Subject Matter Jurisdiction and Territorial Jurisdiction and Respondent's Special Appearance First Request for Continuance to the Building Standards Board Hearing Set for Thursday, May 26, 2022 at 1:30pm with Supporting Affidavits BY SPEACIAL APPE:ARCNE ONLY and with waiving any defenses to Standing, Personal Jurisdiction, Subject Matter Jurisdiction and Territorial Jurisdiction, Armando B. De Los Santos, a real, flesh and blood being, ("Respondent") and Amelia G. De Los Santos, a real, flesh and blood being, ("Respondent") by and through their duly authorized agent, Michael A. De Los Santos, a real, flesh and blood being, ("Respondent") hereby challenges and objects to the Petitioner's Standing, Personal Jurisdiction, Subject Matter Jurisdiction and Territorial Jurisdiction and thereby requests for a First Continuance to the Building Standards Board Hearing set for Thursday, May 26, 2022 at 1:30pm for a period of sixty (60) days to allow the City of Corpus Christi Texas and the Corpus Christi Code Enforcement to bring forth and provide evidence on the record of the Petitioner's Standing, of Personal Jurisdiction upon the Respondents, of Subject Matter Jurisdiction and of Territorial Jurisdiction. In support thereof, Respondent states the following: 1. Armando B. De Los Santos, a real, flesh and blood being, ("Respondent") and Amelia G. De Los Santos, a real, flesh and blood being, ("Respondent") hereby appoint Michael A. De Los Santos, a real, flesh and blood being, ("Respondent") as their duly authorized agent regarding all matters before the City of Corpus Christi Texas and the Corpus Christi Code Enforcement regarding Subdivision: Del Mar, Lot 16, Block 40 also known as 625 Atlantic, Corpus Christi, Texas, Nueces County, Texas 78404. (See attached Limited Power of Attorney, Exhibit A and Exhibit B, respectively). 2. Ms. Diana T. Garza, Code Compliance Officer / Building Standards Board Liaison, Corpus Christi Code Enforcement, Police Department sent a Letter informing Page 1 of 4 , the Respondents of the time, date and place of the hearing before the Building Standards Board. (See attached Letter to Respondents, Exhibit C). 3. However, the Letter at Exhibit C fails to state on its face: (1) a statement of the legal authority, standing, personal jurisdiction, subject matter jurisdiction and territorial jurisdiction under which this hearing at issue is to be held; and (2) a reference to the particular sections of the statutes and rules involved in this hearing. (See e.g. Administrative Procedure Act, Sec. 2001.052. Contents of Notice. (a)(2)(3), (Exhibit D). 4. First and foremost, the City of Corpus Christi Texas was incorporated in 1852 as illustrated on the heading of the Letter at Exhibit C. The City of Corpus Christi Texas' Building Standards Board's administrative hearing is governed by contract law and the hearing itself is subject to the Administrative Procedure Act. Accordingly and without the legal authority, standing, personal jurisdiction, subject matter jurisdiction, territorial jurisdiction and a reference to the particular sections of the statutes and rules involved firmly established on the record, I do not understand this alleged public hearing before the respective Building Standards Board. In addition, there is no evidence on the record of a signed written contract between the City of Corpus Christi Texas and the Corpus Christi Code Enforcement with any of the Respondents herein to which the alleged contract acknowledges the Respondents' explicit written consent to abide by any codes, permits, regulations, rules or statutes promulgated by the City of Corpus Christi Texas and the Corpus Christi Code Enforcement. 5. Secondly, I am not in receipt of any evidence, sworn under oath and signed under penalties of perjury, on the record of the City of Corpus Christi Texas' and the Corpus Christi Code Enforcement's claim against any of the Respondents; and thereby, the City of Corpus Christi Texas and the Corpus Christi Code Enforcement lack standing upon which any relief can be granted. 6. Third, I am not in receipt of any evidence, sworn under oath and signed under penalties of perjury, on the record of the City of Corpus Christi Texas' and the Corpus Christi Code Enforcement's or the Building Standards Board's personal jurisdiction upon the Respondents. 7. Fourth, I am not in receipt of any evidence, sworn under oath and signed under penalties of perjury, on the record of subject matter jurisdiction. 8. Finally, I am not in receipt of any evidence, sworn under oath and signed under penalties of perjury, on the record of the City of Corpus Christi Texas' and the Corpus Christi Code Enforcement's precise territorial jurisdiction to determine with certainty as to whether the subject property as described herein is actually within the territorial jurisdiction of the City of Corpus Christi Texas and the Corpus Christi Code Enforcement. 9. Therefore, without any evidence, sworn under oath and signed under penalties of perjury, firmly established on the record of: a signed written contract Page 2 of 4 between the City of Corpus Christi Texas and the Corpus Christi Code Enforcement and the Respondents; Standing, Personal Jurisdiction, Subject Matter Jurisdiction and Territorial Jurisdiction, Respondents do not consent to this Building Standards Board Hearing set for Thursday, May 26, 2022 at 1:30pm or to any action initiated by the City of Corpus Christi Texas and the Corpus Christi Code Enforcement against the Respondents regarding Subdivision: Del Mar, Lot 16, Block 40 also known as 625 Atlantic, Corpus Christi, Texas, Nueces County, Texas 78404. 10. Respondents do not want to conduct any business with the City of Corpus Christi Texas and the Corpus Christi Code Enforcement or the Building Standards Board regarding the Letter at Exhibit C or in any other matter at this time. 11. Accordingly and to prepare and preserve the Administrative Record for judicial review, Respondents would respectfully request a first continuance for a period of sixty (60) days to allow the City of Corpus Christi Texas and the Corpus Christi Code Enforcement to bring forth and provide evidence on the record of a signed written contract between the parties, of the Petitioners' Standing to bring forth a claim against the Respondents upon which relief can be granted, of Personal Jurisdiction upon the Respondents, of Subject Matter Jurisdiction and of Territorial Jurisdiction. i Respectfully submitted on this 26t" day of May 2022. Without prejudice and all rights reserved UCC 1-308, Y UL A Michael A. De Los Santos, a real, flesh and blood being. P.O. Box 2934 Corpus Christi, Texas 78403-2934 Page 3 of 4 Certificate of Service I hereby certify a copy of the above mentioned Respondents' Special Appearance Challenges and Objections to Petitioners' Standing, Personal Jurisdiction, Subject Matter Jurisdiction and Territorial Jurisdiction and Respondent's Special Appearance First Request for Continuance to the Building Standards Board Hearing Set for Thursday, May 26, 2022 at 1:30pm with Supporting Affidavits was given to the following individual and/or entity by hand-delivery on N1t� � `� Diana T. Garza Code Compliance Officer/ Building Standards Board Liaison Corpus Christi Code Enforcement Police Department Building Standards Board Y Michael A. De Los Santos, a real, flesh and blood being. Page 4 of 4 fnW N NF 0`� NU00 !L i CP V ID ® © LLP ; J �) n i rZI o C3 rn V 1 � f y� V � r r _ �1 '. ,F,.._ ;w.;, �;. 1 � � N J I � R S � C k � s W ° � (`'1 1 � ' � x � x � � � W > � �� A � � � C MEQ 0 +-/tia: r 1.��"'1 .,�. .. .. -, s ,.... .�. .' - w. ` i(V.. I r . � � �� �. .. �.,� `��� r� �� �- �� � �- J -� ��; CASE TIMELINE FOR 625 ATLANTIC ST. Activity Date Legal Requirement Legal Reference Code Enforcement Notified of 1/11/2022 Potential Violation n/a n/a Initial Inspection Completed When building,structure or premise Corpus Christi Property 1/11/2022 thought to be substandard Maintenance Code 104.2 Notice of Violation Mailed to Last When there are reasonable grounds to City Ordinance Known Addresses 2/28/2022 believe there is a violation Sec. 13-22(A) &(13)(2) Notice of Violation Posted in When owner is unknown,whereabouts City Ordinance Sec.13- Newspaper 3/17/2022& unknown,or where service of notice has 22(A)&(13)(3) 3/18/2022 failed(Published twice w/in a 10 day period) Deadline to comply with Newspaper When 30 days have elapsed from the date City Ordinance Notice of Violation 4/14/2022 of first publication Sec. 13-22(B) Notice Received To date returned receipt or mail have be n/a N/A recd ce Returned Notice of Violation Posted at 3/28/22-4/1/22& When notice is returned showing Sec.City Ordinance 13-22(A &(D)(4) Front Door of Property 4/4/22-4/8/22 unclaimed or not delivered Deadline to comply with Mailed Notice 3/29/2022 30 days from receipt of the notice City Ordinance of Violation Sec. 13-22(A)(5) Re-inspection Not less thans 30 days from receipt of the City Ordinance 4/5/202.2 notice or when 30 days have elapsed Sec. 13-22(B) from date of first publication Complaint filed with BSB When owner refused to comply;when City Ordinance not cured within 30 days from receipt of Sec. 13-22(6)(2) 5/2/2022 notice or any further agreed time;or when 30 days have elapsed from date of first publication Notice of Hearing Mailed to Last At least 10 days prior to hearing City Ordinance Known Address 5/3/2022 Sec. 13-22(C)&(D)(2) Notice of Hearing Posted in At least 10 days prior to hearing when City Ordinance 5ec.13 Newspaper owner is unknown,whereabouts 22(C)&(D)(3) 5/2/2022&5/3/2022 unknown, or where service of notice has failed (Published twice w/in a 10 day period) Notice of Hearing Filed with County At least 10 days prior to hearing City Ordinance Sec. 13- Clerk 5/2/2022 22(C) & Tx Local Gov't Code 214.001€ Returned Notice of Hearing Posted at 5/16/22-5/20/22& When notice is returned showing City Ordinance Front Door of Property 5/23/22-5/25/22 unclaimed or not delivered Sec. 13-22(C)&(D)(4) BSB Agenda Posted 72 hours(3 days)before scheduled time Texas Govt.Code 5/18/2022 of hearing 551.043(a) BSB Hearing 5/26/2022 Not less than 10 days nor more than 45 City Ordinance days after Complaint filed Sec. 13-22 (C) E D City of Corpus Christi Texas, § Code Enforcement Division, § Petitioners § vs. § Case No.: V172254-011122 Armando B. De Los Santos, § Amelia G. De Los Santos, § Respondents. § Supplemental Exhibits to the Notice of Appeal to the Building Standards Board Order dated May 26, 2022 Filed with the City Secretary's Office on June 27, 2022 at 4:28prn BY SPECIAL APPEARANCE ONLY and with waiving any defenses to Standing, Personal Jurisdiction, Subject Matter Jurisdiction and Territorial Jurisdiction, to any party, entity or other real,flesh and blood being associated with the CITY OF CORPUS CHRISTI TEXAS, with the CODE ENFORCEMENT DIVISION, with the BUILDING STANDARDS BOARD and with the INTERNATIONAL PROPERTY MAINTENANCE CODE and further without waiving any rights under the Uniform Commercial Code, Armando B. De Los Santos, a real, flesh and blood being, ("Respondent") and Amelia G. De Los Santos, a real, flesh and blood being, ("Respondent") by and through their duly authorized agent, Michael A. De Los Santos, a real, flesh and blood being, ("Respondent") hereby files these Supplemental Exhibits A through B-6 to the Notice of Appeal filed with the City Secretary's Office on June 27, 2022 at 4:28pm together with the prior Exhibits all of which are incorporated herein to the Building Standards Board Order dated May 26, 2022 and respectfully states the Building Standards Board Order is erroneous and said Order would cause undue hardship to the respective elderly Respondents. Exhibits I. Repair Estimates for 625 Atlantic A — A-6 11. Preliminary Clean-up and Repair Plan for B — B-6 625 Atlantic Case No.: V172254-011122 Supplemental Exhibits to the Notice of Appeal to the Building Standards Board Order dated May 26,2022 (with Exhibits A—B-6) Page 1 of 2 Respectfully submitted on this 6th day of September 2022. Without prejudice and all rights reserved under UCC 1-308, B Michael A. De Los Santos, a real, flesh and blood being. P.O. Box 2934 Corpus Christi, Texas 78403-2934 Case No.: V172254-011122 Supplemental Exhibits to the Notice of Appeal to the Building Standards Board Order dated May 26,2022 (with Exhibits A—B-6) Page 2of2 Repair Estimates 625 Atlantic Corpus Christi, Texas 78404 as of September 6, 2022 From Amount Exhibit Home Depot - Materials & Supplies for House $4,868.36 A-1 & A-2 Home Depot - Materials & Supplies for Garage $2,642.18 A-3 & A-4 Coastal Bend Siding & Windows - Labor $6,650.00 A-5 On The Level Foundation & Roofing - Labor $3,475.00 A-6 ----------------- $17,635.54 Exhibit A Customer Quote Sales Person REP0295 Store Phone#(361)853-9173 Y aY�l! 9/05/2022,9:41 AM CDT Store#6584 Location 4038 SOUTH PORT AVENUE,CORPUS CHRISTI,TX 78415 Customer Information M.A.DE LOS SANTOS M.A.DE LOS SANTOS (361)884-8974 625 ATLANTIC Quote#H6584-334964 MADOTL@YAHOO.COM CORPUS CHRISTI,TX 78404 fll]SeiF.tai' l}' Will Call will Call Details d Estimated Arrival S Alternate Pickup Person Boise Cascade 7 Days M.A.DE LOS SANTOS Customer will be notified when order is ready for pickup Item Description Model# SKU# Unit Price Qty Subtotal 2x4-18'Std/Btr Cedar Rough Green[QC:28850976] 1000032478 $48.134 feaeh 15 $716.25 i DISCOUNT$1.16 OFF EACH $47.75/each 2x6-18'SYP#2/Btr S4S S-DRY[QC:28850976] 1000018229 $12.45/each 8 $99.60 2x8-14'SYP#2/13tr S4S S-DRY[QC:28850976] 1000018229 $13.24/each 10 $132.40 9 Delivery Address In, Delivery Options tj Delivery Date AF Delivery 625 Atlantic St Outside Delivery Delivery to be scheduled at the time of Corpus Christi,TX 78404 purchase Item Description Model If SKU If Unit Price Qty Subtotal Master Flow 2 in.Lead Roof Boot No Caulk Vent Pipe LRF2 814709 $20.20/each 2 $40.40 Flashing + Gibraltar Building Products 5/8 in.x 10 ft.Galvanized 17845 909858 $5.93/each 25 $148.25 Steel Z-Flashing Master Flow 16 in.x 8 in.Aluminum Under Eave Soffit EAC16X8BR 388641 $3.78/each 4 $15.12 Vent in Brown Master Flow 60 sq.in.NFA Galvanized Slant Back SSB960GBR 1000024997 $22.64/each 4 $90.56 Roof Louver Vent in Brown Gibraltar Building Products 2 in,x 2 in.x 10 ft. 15541 417386 $6.96/each 34 $236.64 Galvanized Steel Drip Edge Flashing CCR3DGAL 112525 $59.98/each 2 $119.96 — 1 e Page 1 of 2 We reserve the right to limit the quantities of merchandise sold to customers. fE -A�l�ii Ar-` Customer Quote Sales Person REP0295 Store Phone#(361)853-9173 • 9/05/2022,9:41 AM CDT Store#6584 Location 4038 SOUTH PORT AVENUE,CORPUS CHRISTI,TX 78415 Item Description Model# SKU# Unit Price Oty Subtotal Grip-Rite 1-1/4 in.x.120 Smooth Galvanized Coil Roofing Nails(7200-Pack) Owens Corning Owens Corning Supreme AR Asphalt 3-Tab Roof Shingles-25 Year Limited Warranty Shasta 0 1001187996 $31.00/each 39 $1,209.00 White(3 BD/SQ) APOC 36 in.x 72 ft.216 sq.ft.Felt Roof Underlayment AP-0022 258881 $36.71/each 7 $256.97 Unbranded Oriented Strand Board(Common:7/16 in.x 00017 386081 $16.15/each 36 $581.40 4 ft.x 8 ft.;Actual:0.418 in.x 47.75 in.x 95.75 in.) Unbranded 23/32 in.x 4 ft.x 8 ft.Southern Pine 605189 724084 $58.98/each 10 $589.80 Tongue and Groove Plywood Sheathing Unbranded 4 in.x 4 in.x 8 ft.#2 Pressure-Treated N/A 256276 $11.98/each 1 $11.98 Timber Unbranded 2 in.x 4 in.x 96 in.Kiln-Dried Southern 00423 232971 $4.25/each 40 $170.00 Yellow Pine Stud Outside Delivery 515663 $79.00/each 1 $79.00 Subtotal $4,514.73 Discounts -$17.40 Prices Valid Through: 09/12/2022 ` Sales Tax $371.03 at The Home Depot#6584 j a Quote Total ; $4,868.36 A Page 2 of 2 We reserve the right to limit the quantities of merchandise sold to customers. F, MCustomer Quote Sales Person REP0295 Store Phone If(361)853-9173 9/05/2022,10:08 AM CDT Store#6584 Location 4038 SOUTH PORT AVENUE,CORPUS CHRISTI,TX 78415 Customer Information M.A.DE LOS SANTOS M.A.DE LOS SANTOS 11 IN 11111 IN 11 11111 1 1'111 1 11 1 1 X11 (361)884-8974 625 ATLANTIC Quote#H6584-334969 MADOTL@YAHOO.COM CORPUS CHRISTI,TX 78404 9 Delivery Address lwrr Delivery Options Delivery Date AF Delivery 625 Atlantic St Outside Delivery Customer will be notified when Corpus Christi,TX 78404 delivery is ready to be scheduled Item Description Model# SKU# Unit Price Qty Subtotal 3-1/2"x3-1/2"-R/L Boise Cascade Versa-Lam LVL 2650 112825 $6.48/each 80 $518.40 6740 1.7(4/20')[QC:28851454] Owens Corning VentSure 15 in.x 4 ft.Strip Heat and VS4N 1001189069 $11.28/each 5 $56.40 Moisture Black Plastic Ridge Vent Gibraltar Building Products 5/8 in.x 10 ft.Galvanized 17845 909858 $5.93/each 8 $47.44 r Steel Z-Flashing Master Flow 16 in.x 8 in.Aluminum Under Eave Soffit EAC16X8BR 388641 $3.78/each 2 $7.56 Vent in Brown Master Flow 60 sq.in.NFA Galvanized Slant Back SSB960GBR 1000024997 $22.64/each 1 $22.64 Roof Louver Vent in Brown Gibraltar Building Products 2 in.x 2 in.x 10 ft. 15541 417386 $6.96/each 8 $55.68 � Galvanized Steel Drip Edge Flashing Owens Corning Owens Corning Supreme AR Asphalt 3-Tab Roof Shingles-25 Year Limited Warranty Shasta 0 1001187996 $31.00/each 12 $372.00 White(3 BD/SQ) APOC 36 in.x 72 ft.216 sq.ft.Felt Roof Underlayment AP-0022 258881 $36.71/each 2 $73.42 Unbranded Oriented Strand Board(Common:7/16 in.x 00017 386081 $16.15/each 15 $242.25 4 ft.x 8 ft.;Actual:0.418 in.x 47.75 in.x 95.75 in.) MILLSTEAD 2 in.x 4 in.x 12 ft.#2 Prime Kiln-Dried 583977 583977 $7.98/each 3 $23.94 - Southern Yellow Pine Lumber 1000018229 $12.77/each 4 $51.08 % .I Page 1 of 2 1 We reserve the right to limit the quantities of merchandise sold to customers. Ex A Customer Quote Sales Person REP0295 Store Phone#(361)853-9173 • 9/05/2022,10:08 AM CDT Store#6584 Location 4038 SOUTH PORT AVENUE,CORPUS CHRISTI,TX 78415 Item Description Model# SKU# Unit Price Qty Subtotal 2x4-18'SYP#2/Btr S4S S-DRY[QC:28851454] 2x4-20'SYP#2 Pressure Treated(MCA Ground 1000025380 $24.20/each 4 $96.80 Contact)[QC:28851454] Unbranded 2 in.x 4 in.x 96 in.Kiln-Dried Southern 00423 232971 $4.25/each 30 $127.50 Yellow Pine Stud Millstead 2 in.x 6 in.x 8 ft.#2 Prime Kiln-Dried 369774 369774 $6.22/each 10 $62.20 Southern Yellow Pine Lumber 2x6-18'SYP#2/Btr S4S S-DRY[QC:28851454] 1000018229 $12.45/each 2 $24.90 2x4-14'SYP#2/Btr S4S S-DRY[QC:28851454] 1000018229 $10.74/each 40 $429.60 Outside Delivery 515663 $79.00/each 1 $79.00 Minimum Order Fee for Great Southern Wood Products 1000024508 $150.00/each 1 $150.00 [QC:28851454] Subtotal $2,440.81 Discounts -$0.00 .............................. .,....,...., _ ,..,......... f _,._......._ ............_,.. ......,.,....._ ,,; f Prices Valid Through: 09/12/2022 Sales Tax $201.37 at The Home Depot#6584 .... _.. Quote Total $2,642.18 Page 2 of 2 We reserve the right to limit the quantities of merchandise sold to customers. �"� �L�g t A f q Agreement COASTAL BEND SIDING & WINDOWS 745 Cantwell Corpus Christi,Texas 78408 (361)884-0000 This Agreement is hereby made and entered into by and between Coastal Bend Siding&Windows("Contractor")of Corpus Christi,Nueces County, Texas and with M. A. De Los Santos,P.O. Box 2934,Corpus Christi,Texas 78403,(361)884-8974("Customer")for the Contractor to perform the Labor and related Workmanship as necessary at 625 Atlantic Street,Corpus Christi,Texas 78404 complete in accordance with specifications below: CONTRACTOR TO: ❖ Install/Repair/Replace all rotted studs,rafters,ceiling joists and floor joists where needed in Master Bedroom. Remove flooring in Master Bedroom. Install tongue and groove plywood sheathing for flooring in Master Bedroom. Install/Repair/Replace all rotted studs,rafters,ceiling joists and floor joists where needed in Bathroom. Remove flooring in Bathroom. ee Install tongue and groove plywood sheathing for flooring in Bathroom. Install/Repair/Replace all rotted studs,rafters,ceiling joists and floor joists where needed in Dining Room Front Wall. Install/Repair/Replace all rotted studs,rafters,ceiling joists and floor joists where needed in Front Entry Way. Install/Repair/Replace all rotted studs,rafters,ceiling joists where needed in Garage. Customer to provide all materials. Customer to obtain all necessary permits. Labor Only. •A Customer to Dispose of Related Debris. One(1)Year Guarantee on Labor. All work to be completed in a workmanlike manner according to standard practices. All visible rotted wood is included in this Agreement. Any alteration or deviation from specifications above involving extra costs will be executed only upon written orders,and will become an extra charge over and above the estimate. Any additional changes to this Agreement must be written and signed by both the Customer and Contractor. All necessary Labor and Workmanship to install, construct and place the specified improvements described above are included in this Agreement for the sum of: $6,650.00(Six Thousand Six Hundred Fifty Dollars). With payments to be made as follows:One-Half(1/2)Down is due upon signing of the Agreement,and 1/2 of the remaining balance is due at the end of the first(111)week of repair work. The final balance of the Agreement is due upon the completion of the work or is due at the beginning of any Supplemental Work. ACCEPTANCE OF AGREEMENT The above prices,specifications and conditions are satisfactory and are hereby accepted. You are authorized to run credit reports,try to obtain financing, check taxes,run title reports,and do the work as specified. Payment will be made as agreed upon. This written Agreement is the total Agreement between the Contractor and the Customer. Any changes to this Agreements must be in writing,approved by and signed by both the Contractor and the Customer to this Original Agreement. The above installations,specifications,conditions and Total Sum are satisfactory and are hereby accepted by the undersigned Customer. The Customer authorizes the Contractor to perform the work as specified herein this Agreement. Agreed and accepted this day of 12022. Customer Signature of Customer(s)or Authorized Agent Printed Name of Customer(s)or Authorized Agent Telephone Number Preliminary Clean-Up and Repair Plan 625 Atlantic Corpus Christi, Texas 78404 1. Installed 13 Sheets of OSB Plywood to exposed areas of House Roof to mitigate damages to interior of structure. Done. 2. Covered House Roof with two heavy-duty tarps to further mitigate damages to interior of structure. Done. (See Exhibits B-1 and B-2) 3. Attempted to install Sheets of OSB Plywood to exposed areas of Garage Roof and to cover Garage Roof with heavy-duty tarp to mitigate damages to interior of structure. However, such attempt was prevented by a Code Enforcement Officer as expressed to a helper by said Code Enforcement Officer. 4. Cleaned, mowed, edged and removed dead trees from the Front Yard of the House. Done. (See Exhibit B-1) 5. The Yard will be properly maintained on a continual basis. In process. 6. Obtain a Dumpster to remove all the branches and debris from lawn premises. 7. Remove all personal belongings from interior of the House. In process. (See Exhibits B-3; B-4 and B-5) 8. Obtain a Dumpster to remove all unwarranted debris from the Garage. 9. Repair/ Replace wood framing for the Garage. 10. Install Garage Roof. 11. Obtain a Dumpster to remove all unwarranted debris from interior of the House. 12. Repair/ Replace all rotted wood in the Front Dining Room Wall. Exhibit B Page 1 of 2 13. Repair/ Replace all rotted wood in the Front Entrance. 14. Repair/ Replace all rotted wood in the Master Bedroom. 15. Replace floor in the Master Bedroom. 16. Repair/ Replace all rotted wood in the Bathroom. 17. Replace floor in the Bathroom. 18. Remove all sheetrock from interior of structure to examine, to repair and/or to replace any rotted or damaged wood. (See, e.g., Exhibit B-6, 4209 Junior Terrace, Corpus Christi, Texas) 19. At this stage of the rehab process, evaluate the structure to determine whether to add additional living space or to change the design layout of the structure before installing the new roof. Exhibit B Page 2of2 <a: J I 44 - Y �= y a f 't • °���t � *z t, 3 y k 7 �,� �e�'r�.. ��i� T7°���� 4 €�' x;�.. < a p4 pa -01 ash'F �•; tJV ill, jffi�lljl x° ., ... c r � vh r k .ppmux st is 3 N� 1'°• .t15J a k, �� � � -- .r, 2- .: IMS I r ....�. ..,.. 4.� e �� � „F: "jR, r- �':�3 ��_ �� t � ,� #. !� 4 � - Q � �_:j :� e r- 3 k � � � �. d y{fi • .��,,..y 4 f £ i �� . �. ik_v...:. A 5 _ � F.� f�t �,�� �` _ { �� r rlff l`ii�i � � a�� �� 33 Iq �� �Y�t �: +1 k � �1� k ��3 i � �'ta`} }. �� a � °fl � � x ._ � { _ �� x_ .. s;B(� T y�. ¢� 5 k.t+, '1 t r �� � _ - .e l w '..� ��rl�� r _ �.. `{. �`� � � ��.. .. ,�. / _ �.. � f, I" e �y t _F� t n n.•v si...• .. �M i 1i fe , s 3 , I � Ku I^ ,+ X45 k • e i r, I ! 1 j��} .z r•.. '�. F r., r'^ "moi�.4•��^°,�tt' �� F S �t ���k �� I 5 .�. �I i n Yd Yx t ;w 4 YE�� f 104 CL . yl t t � g i I t iAr z1 R a s I i i �t 1. <.kl r � i I" f i. I r .a i rj 71 ..t , r r +11 �7 ..,a&', xy,cksXlayiRAMbn. .", a xtArm i S s ; F t • R „ jj ' N ` it 4il ITZ ', a z- i- L n , �" �a�'A.+4�m♦,gam+'. s ssaux e ON THE LEVEL FOUNDATION AND ROOFING www.ontheleveIfoundation.com STATE OF TEXAS,COUNTY OF NUECES AGREEMENT 186-1-V WITNESSETH: This agreement is made and entered into by and between On The Level Foundation and Roofing,of the City of Corpus Christi,County of Nueces,and the State of Texas,"Company"and"Owner",the parties listed below: Please print M I KI C2.e__L (wife or owner#1)and Please print (husband or owner#2) In exchange for the Owner's promises and agreements described below and in accordance with the General and Miscellaneous Conditions and Warranties attached and made part of this agreement,Company agrees to do the following on the foundation of the structure structure known as: Street F,0, j3d -�—f 3� � k�_ �7 City C rt 1 State_--T —Zip Drawing 1461 to scale and for the purpose of showing the general location of work only! =pilings with a concrete breakout. 1177 S� I } f , 1/4 C14 C114t -- - C L I � �2 WARRANTY WORK CONDOR WARRANTY _ _POLYURETHANE WARRANTY Underpin and raise sections of the structure to as near the original grade as practically possible as shown on the drawing made part of this agreement using�—concrete pilings/drilled piers/pour-in-place piers. Yes/No=Inject polyurethane p��olyurethane foam at areas denoted on diagram(11/1),to prevent or improve future or existing interior settlement. Install— support pads Cut through existing piers Inject Polyurethane foam=Yes er ! Tunnel' U✓✓ ft. Provide engine 's certification=(w No* (if polyurethane foam is not implemented to interior of Perform a pre-plumbing test=Yes!No*" Perform a post-plumbing test=Yes/,NDt*'k alae,slab may experience deflections in me future.) Comments *The Owner/Client agrees to pay the engineer fee of$ C, *"The Owner/Client agrees to pay the pre or ost plumbing test fee of$ BID TOTAL IS FOR$ �G,�7, and is good for 90 days from this Date .. Payment terms are 1/2 due ogstgning of contract and balance upon completion of job oras agreed upon 6y O ndation consultant and owner.All payment terms to be in writing.No verbal agreements. Ey v A R-6 WHITE–FILE COPY YELLOW–CUSTOMER COPY PVE City of Corpus Christi Texas, § Code Enforcement Division, § a^I'j s r;f GE Ia;�iY'S r)( IC(? Petitioners § vs. § Case No.: V172254-011122 Armando B. De Los Santos, § Amelia G. De Los Santos, § Respondents. § Second Supplemental Exhibits to the Notice of Appeal to the Building Standards Board Order dated May 26, 2022 previously filed with the City Secretary's Office on June 27, 2022 at 4:28pm BY SPECIAL APPEARANCE ONLY and with waiving any defenses to Standing, Personal Jurisdiction, Subject Matter Jurisdiction and Territorial Jurisdiction, to any party, entity or other real, flesh and blood being associated with the CITY OF CORPUS CHRISTI TEXAS, with the CODE ENFORCEMENT DIVISION, with the BUILDING STANDARDS BOARD and with the INTERNATIONAL PROPERTY MAINTENANCE CODE and further without waiving any rights under the Uniform Commercial Code, Armando B. De Los Santos, a real, flesh and blood being, ("Respondent") and Amelia G. De Los Santos, a real, flesh and blood being, ("Respondent") by and through their duly authorized agent, Michael A. De Los Santos, a real, flesh and blood being, ("Respondent") hereby files these Supplemental Exhibits A through B-8 with a Respective Timeline for Completion as hereby requested by the Honorable Paulette M. Guajardo and the respectful Members of the City Council of Corpus Christi, Texas, to the Notice of Appeal previously filed with the City Secretary's Office on June 27, 2022 at 4:28pm together with the prior Exhibits all of which are incorporated herein to the Building Standards Board Order dated May 26, 2022 and respectfully states the Building Standards Board Order is erroneous and said Order would cause undue hardship to the respective elderly Respondents. Exhibits I. Material and Repair Estimates for 625 Atlantic Street A—A-6 II. Preliminary Clean-up and Repair Plan for B — B8 625 Atlantic Street with a Respective Timeline for Completion Case No.: V172254-011122 Second Supplemental Exhibits to the Notice of Appeal to the Building Standards Board Order dated May 26,2022 (with Exhibits A—B-8) Page 1 of 2 Respectfully submitted on this 9th day of September 2022. Without prejudice and all rights reserved under UCC 1-308, B Michael A. De Los Santos, a real, flesh and blood being. P.O. Box 2934 Corpus Christi, Texas 78403-2934 Case No.: V172254-011122 Second Supplemental Exhibits to the Notice of Appeal to the Building Standards Board Order dated May 26,2022 (with Exhibits A—B-8) Page 2 of 2 Material and Repair Estimates 625 Atlantic Street Corpus Christi, Texas 78404 as of September 9, 2022 From Amount Exhibit Home Depot - Materials & Supplies for House $4,868.36 A-1 & A-2 Home Depot - Materials & Supplies for Garage $2,642.18 A-3 & A-4 Coastal Bend Siding & Windows - Labor $6,650.00 A-5 On The Level Foundation & Roofing - Labor $3,475.00 A-6 ----- ----------- Total Amount of Material and Repair Cost $17,635.54 Square Footage of Repairs 205 Square Footage of Home 1 ,152 ----------------- Total Percentage of Repairs to Square Footage of Home 17.80% Amount of Material and Repair Cost $17,635.54 Appraised Value of Home as of 1/18/2022 $66,806.00 ----------------- Total Percentage of Repair Cost to Appraised Value 26.40% Exhibit A Customer Quote Sales Person REP0295 Store Phone#(361)853-9173 i.', 1 ` 9/05/2022,9:41 AM CDT Store#6584 Location 4038 SOUTH PORT AVENUE,CORPUS CHRISTI,TX 78415 Customer Information M.A.DE LOS SANTOS M.A.DE LOS SANTOS ) (361)884-8974 625 ATLANTIC Quote#H6584-334964 MADOTL@YAHOO.COM CORPUS CHRISTI,TX 78404 130/Job Name House Will Call Will Call Details (rJ Estimated Arrival W Alternate Pickup Person Boise Cascade 7 Days M.A.DE LOS SANTOS Customer will be notified when order is ready for pickup Item Description Model# SKU# Unit Price Qty Subtotal 2x4-18'Std/Btr Cedar Rough Green[QC:28850976] 1000032478 $48.94 Feaeh 15 $716.25 V DISCOUNT$1.16 OFF EACH $47.75/each 2x6-18'SYP#2/Btr S43 S-DRY[QC:28850976] 1000018229 $12.45/each 8 $99.60 2x8-14'SYP#2/Btr S4S S-DRY[QC:28850976] 1000018229 $13.24/each 10 $132.40 0 Delivery Address qw Delivery Options [ Delivery Date + Delivery 625 Atlantic St Outside Delivery Delivery to be scheduled at the time of Corpus Christi,TX 78404 purchase Item Description Model# SKU# Unit Price Qty Subtotal Master Flow 2 in.Lead Roof Boot No Caulk Vent Pipe LRF2 814709 $20.20/each 2 $40.40 Flashing Gibraltar Building Products 5/8 in.x 10 ft.Galvanized 17845 909858 $5.93/each 25 $148.25 Steel Z-Flashing Master Flow 16 in.x 8 in.Aluminum Under Eave Soffit EAC16X8BR 388641 $3.78/each 4 $15.12 Vent in Brown Master Flow 60 sq.in.NFA Galvanized Slant Back SS6960GBR 1000024997 $22.64/each 4 $90.56 Roof Louver Vent in Brown Gibraltar Building Products 2 in.x 2 in.x 10 ft. 15541 417386 $6.961 each 34 $236.64 Galvanized Steel Dnp Edge Flashing CCR3DGAL 112525 $59.98/each 2 $119.96 Page 1 of 2 l We reserve the right to limit the quantities of merchandise sold to customers. .9 Customer Quote Sales Person REP0295 Store Phone#(361)853-9173 9/05/2022,9:41 AM CDT Store#6584 Location 4038 SOUTH PORT AVENUE,CORPUS CHRISTI,TX 78415 Item Description Model# SKU# Unit Price Oty Subtotal Grip-Rite 1-1/4 in.x.120 Smooth Galvanized Coil Roofing Nails(7200-Pack) Owens Corning Owens Corning Supreme AR Asphalt 3-Tab Roof Shingles-25 Year Limited Warranty Shasta 0 1001187996 $31.00/each 39 $1,209.00 White(3 BD/SQ) APOC 36 in.x 72 ft.216 sq.ft.Felt Roof Underlayment AP-0022 258881 $36.71/each 7 $256.97 Unbranded Oriented Strand Board(Common:7/16 in.x 00017 386081 $16.15/each 36 $581.40 4 ft.x 8 ft.;Actual:0.418 in.x 47.75 in.x 95.75 in.) Unbranded 23/32 in.x 4 ft.x 8 ft.Southern Pine 605189 724084 $58.98/each 10 $589.80 Tongue and Groove Plywood Sheathing Unbranded 4 in.x 4 in.x 8 ft.#2 Pressure-Treated N/A 256276 $11.98/each 1 $11.98 Timber _.._ _ ... _._ ._..._.. ._. ..........._ ._... ........._.. ..._......_... ........... .......... Unbranded 2 in.x 4 in.x 96 in.Kiln-Dried Southern 00423 232971 $4.25/each 40 $170.00 Yellow Pine Stud Outside Delivery 515663 $79.00/each 1 $79.00 Subtotal $4,514.73 Discounts -$17.40 Prices Valid Through: 09/12/2022 j Sales Tax $371.03 at The Home Depot#6584 € Quote Total $4,868.36 Page 2 of 2 We reserve the right to limit the quantities of merchandise sold to customers. ' 1�� � "74Customer Quote Sales Person REP0295 Store Phone#(361)853-9173 9/05/2022,10:08 AM CDT Store#6584 Location 4038 SOUTH PORT AVENUE,CORPUS CHRISTI,TX 78415 Customer Information M.A.DE LOS SANTOS M.A.DE LOS SANTOS � � (361)884-8974 625 ATLANTIC Quote# H6584-334969 MADOTL@YAHOO.COM CORPUS CHRISTI,TX 78404 PO/Job Name Garage; q Delivery Address im Delivery Options Cj Delivery Date Delivery Corpus Atlantic St Outside Delivery Customer will be notified when Corpus Christi,TX 78404 delivery is ready to be scheduled Item Description Model# SKU# Unit Price Qty Subtotal 3-1/2"x3-1/2"-R/L Boise Cascade Versa-Lam LVL 2650 112825 $6.48/each 80 $518.40 6740 1.7(4/20')[QC:288514541 Owens Corning VentSure 15 in.x 4 ft.Strip Heat and VS4N 1001189069 $11.28/each 5 $56.40 Moisture Black Plastic Ridge Vent Gibraltar Building Products 5/8 in.x 10 ft.Galvanized 17845 909858 $5.93/each 8 $47.44 Steel Z-Flashing Master Flow 16 in.x 8 in.Aluminum Under Eave Soffit EAC16X8BR 388641 $3.78/each 2 $7.56 Vent in Brown Master Flow 60 sq.in.NFA Galvanized Slant Back SS8960GBR 1000024997 $22.64/each 1 $22.64 Roof Louver Vent in Brown Gibraltar Building Products 2 in.x 2 in.x 10 ft. 15541 417386 $6.96/each 8 $55.68 Galvanized Steel Drip Edge Flashing Owens Corning Owens Corning Supreme AR Asphalt 3-Tab Roof Shingles-25 Year Limited Warranty Shasta 0 1001187996 $31.00/each 12 $372.00 White(3 BD/SQ) APOC 36 in.x 72 ft.216 sq.ft.Felt Roof Underlayment AP-0022 258881 $36.71 /each 2 $73.42 Unbranded Oriented Strand Board(Common:7/16 in.x 00017 386081 $16.15/each 15 $242.25 4 ft.x 8 ft.;Actual:0.418 in.x 47.75 in.x 95.75 in.) MILLSTEAD 2 in.x 4 in.x 12 ft.#2 Prime Kiln-Dried 583977 583977 $7.98/each 3 $23.94 Southern Yellow Pine Lumber 1000018229 $12.77/each 4 $51.08 Page 1 of 2 We reserve the right to limit the quantities of merchandise sold to customers. Customer Quote Sales Person REP0295 Store Phone#(361)853-9173 s 9/05/2022,10:08 AM CDT Store#6584 Location 4038 SOUTH PORT AVENUE,CORPUS CHRISTI,TX 78415 Item Description Model# SKU# Unit Price Qty Subtotal 2x4-18'SYP#2/Btr S4S S-DRY[QC:28851454] 2x4-20'SYP#2 Pressure Treated(MCA Ground 1000025380 $24.20/each 4 $96.80 Contact)[QC:28851454] ...... .....- ..__........ ........... __.... ... .. ................ _.............. ......................................... _.......-. .............. .. ....... .... Unbranded 2 in.x 4 in.x 96 in.Kiln-Dried Southern 00423 232971 $4.25/each 30 $127.50 Yellow Pine Stud .. . .................... ......................__. .... ......_.. ............... .. ............ Millstead 2 in.x 6 in.x 8 ft.#2 Prime Kiln-Dried 369774 369774 $6.22/each 10 $62.20 400 Southern Yellow Pine Lumber 2x6-18'SYP#2/Btr S4S S-DRY[QC:28851454] 1000018229 $12.45/each 2 $24.90 ......... ....... _............. ......... . ....__......... ............. .............. ......... ..._ _..-..... ._,..,. . .__ ..............._ __ ..... .......................... _.............. . _ 2x4-14'SYP#2/Btr S4S S-DRY[QC:28851454] 1000018229 $10.74/each 40 $429.60 Outside Delivery 515663 $79.00/each 1 $79.00 Minimum Order Fee for Great Southern Wood Products 1000024508 $150.00/each 1 $150.00 [QC:28851454] Subtotal $2,440.81 I Discounts -$0.00 Prices Valid Through: 09/12/2022 Sales Tax $201.37 at The Home Depot#6584 Quote Total $2,642.18 t a Page 2 of 2 1 We reserve the right to limit the quantities of merchandise sold to customers. 9y Agreement COASTAL BEND SIDING& WINDOWS 745 Cantwell Corpus Christi,Texas 78408 (361)884-0000 This Agreement is hereby made and entered into by and between Coastal Bend Siding&Windows("Contractor")of Corpus Christi,Nueces County, Texas and with M.A.De Los Santos,P.O.Box 2934,Corpus Christi,Texas 78403,(361)884-8974("Customer")for the Contractor to perform the Labor and related Workmanship as necessary at 625 Atlantic Street,Corpus Christi,Texas 78404 complete in accordance with specifications below: CONTRACTOR TO: v Install/Repair/Replace all rotted studs,rafters,ceiling joists and floor joists where needed in Master Bedroom. Remove flooring in Master Bedroom. Install tongue and groove plywood sheathing for flooring in Master Bedroom. Install/Repair/Replace all rotted studs,rafters,ceiling joists and floor joists where needed in Bathroom. Remove flooring in Bathroom. Install tongue and groove plywood sheathing for flooring in Bathroom. Install/Repair/Replace all rotted studs,rafters,ceiling joists and floor joists where needed in Dining Room Front Wall. ❖ Install/Repair/Replace all rotted studs,rafters,ceiling joists and floor joists where needed in Front Entry Way. •b Install/Repair/Replace all rotted studs,rafters,ceiling joists where needed in Garage. ❖ Customer to provide all materials. ❖ Customer to obtain all necessary permits. s Labor Only. Customer to Dispose of Related Debris. One(1)Year Guarantee on Labor. All work to be completed in a workmanlike manner according to standard practices. All visible rotted wood is included in this Agreement. Any alteration or deviation from specifications above involving extra costs will be executed only upon written orders,and will become an extra charge over and above the estimate. Any additional changes to this Agreement must be written and signed by both the Customer and Contractor. All necessary Labor and Workmanship to install, construct and place the specified improvements described above are included in this Agreement for the sum of: $6,650.00(Six Thousand Six Hundred Fifty Dollars). With payments to be made as follows:One-Half(1/2)Down is due upon signing of the Agreement,and 1/2 of the remaining balance is due at the end of the first(11)week of repair work. The final balance of the Agreement is due upon the completion of the work or is due at the beginning of any Supplemental Work. ACCEPTANCE OF AGREEMENT The above prices,specifications and conditions are satisfactory and are hereby accepted. You are authorized to run credit reports,try to obtain financing, check taxes,run title reports,and do the work as specified. Payment will be made as agreed upon. This written Agreement is the total Agreement between the Contractor and the Customer. Any changes to this Agreements must be in writing,approved by and signed by both the Contractor and the Customer to this Original Agreement. The above installations,specifications,conditions and Total Sum are satisfactory and are hereby accepted by the undersigned Customer. The Customer authorizes the Contractor to perform the work as specified herein this Agreement. Agreed and accepted this day of 2022. Customer Signature of Customer(s)or Authorized Agent Printed Name of Customer(s)or Authorized Agent Telephone Number ON THE LEVEL FOUNDATION AND ROOFING www.ontlie Ieve Ifoundation.coin AGREEMENT STATE OF TEXAS,COUNTY OF NUECES WITNESSETH: )'his agreement is made and entered into by and between On The Level!-oundation and Roofing,of the City of Corpus Christi,County of Nueces.and the State of Texas,"Company•'and"Owner",the parties listed below: please print �•Z( ('' �I 1 I! f'�r� O� ( � ���f Gi l (wife or owner li 1)and please print (husband or ofvact 112) In exchange for the Owner's promises and agreements described below and in accordance with the General and Miscellaneous Conditions and Warranties attached and matte part of this agreement,Company afg/-rees to do the following on the foundation of thio structure known as: 7 Street (•'i City �4�t�S !`;'l% Stale- _Zip t :,raving N67 to scaie and forthe purpose of showing the general location of work only! U=pilings with a concrete breakout. 1 iy j4m) f4 �Z, „ y a — �L c ! F+ �i •- mss- ,_�- �,�' E� �' ;�,-- ���- �->;;--, _ ; - !- � - I t ti - -�/ ?" 4 - I I I r i ----- ---- -- it � I i I I I I I II fly y1'ARRANTYNy'ORK —CONDOR WARRANTY Y' POLYURETHANEyWAR12ANTl' 'Inderpin and raise sections of the structure to as near the original grade as practically possible as shown on the drawing made part of this agrcment using , concrete pilings/drilled piers/pour-in-place piers. Yes/No=Inject polyurethane foam at areas denoted on diagram(i///),to prevent or improve future or existing interior settlement. Install [lo� support pads Cut throu",h existing piers Inject Polyurethane foam=Yes/�d- Tunncl (2- ft. Provide engineer's certification es%No* ur Ix,lyn etnanc f,—,_ .1 m,j lcm­wd t.inmmi of c�perience denections Perform apre-plunii�ing test=Yes/No** Perform apost-plumbim,test=Yes/N1,61*1; slab,slab n,av in the fmurc.` Comments —�— ''the Owner/Client agrees to pay the itrjnpvc engineer fee of$ �'-'<-'_— ,,.•:<_.;, :', / '''�:Y �'c :Y.-. The Owner/Client agrees to pay the ore or post plumbing test fee of$ BID TOTAL IS FOR$ z47 S_ _and is good for 90 days from this Date Payment terms arc I/2 due otr signing of contract and balance upon completion of job or as agreed upon y f, undation consultant and owner.All payment terms to be in writing.No verbal agreements. WHIFF FIl_ECOPY YELLOW-CUSTOMr:RCOPY Preliminary Clean-Up and Repair Plan Timeline 625 Atlantic Street Corpus Christi, Texas 78404 1. Installed 13 Sheets of OSB Plywood to the exposed areas of the House Roof to mitigate damages to the interior of the House. Done. (See Exhibits B-7 and B-8) 2. Covered House Roof with two 9 Mil heavy-duty (28ft. x 48ft.) silver reflective tarps to further mitigate damages to the interior of the House. Done. (See Exhibits B-1 and B-2) 3. Cleaned, mowed, edged and removed dead trees and related dead branches from the Front Yard of the House. Done. (See Exhibit B-1). 4. The Yard shall be properly maintained on a continual basis. An ongoing process. (See Exhibits B-1 and B-2) 5. Remove all personal belongings from the interior of the House. An ongoing process. (See Exhibits B-3; B-4 and B-5). 6. Obtained material and repair estimates for the House and Garage. Done. (See Exhibits Al — A6). 7. Obtain two (2) additional material and repair estimates for the House and Garage. September 19, 2022— September 30, 2022 8. Obtain any needed floor plans, blue prints and/or engineering study to apply for and to obtain the remodeling permits for the rehab of the House. October 3, 2022— October 14, 2022 9. Obtain Dumpsters to remove all unwarranted debris from the interior of the House. September 19, 2022 — November 7, 2022 10. Remove / Repair/ Replace all rotted floor beams in the Front Dining Room Wall. October 17, 2022— October 21, 2022 Preliminary Clean-Up and Repair Plan Timeline Exhibit B 625 Atlantic Street Corpus Christi,Texas 78404 Page 1 of 3 11. Remove / Repair/ Replace all rotted wood in the Front Dining Room Wall. October 24, 2022— October 28, 2022 12. Remove / Repair / Replace all rotted floor beams in the Front Entrance of the House. October 31, 2022— November 4, 2022 13. Remove / Repair / Replace all rotted wood in the Front Entrance of the House. November 7, 2022— November 11, 2022 14. Remove / Repair/ Replace all rotted floor beams in the Master Bedroom. November 14, 2022 — November 18, 2022 15. Remove / Repair/ Replace all rotted wood in the Master Bedroom. November 21, 2022 — December 2, 2022 (Thanksgiving Day Holiday, November 24, 2022) 16. Replace floor in the Master Bedroom. December 5, 2022— December 8, 2022 17. Remove / Repair / Replace all rotted floor beams in the Bathroom. December 9, 2022— December 16, 2022 18. Remove / Repair/ Replace all rotted wood in the Bathroom. December 19, 2022 — December 23, 2022 19. Replace floor in the Bathroom. December 26, 2022 — December 29, 2022 20. Remove any necessary sheetrock from the interior of the House to examine, to repair and/or to replace any other rotted or damaged wood. (See, e.g., Exhibit B-6, 4209 Junior Terrace, Corpus Christi, Texas). December 30, 2022 — January 6, 2023 21. Repair or replace any necessary electrical and plumbing issues, including but not limited to light fixtures and plumbing fixtures, to bring the House to standard living conditions. January 9, 2023— January 13, 2023 22. Remove / Repair / Replace any necessary exterior facia siding of the House. January 9, 2023 — January 13, 2023 Preliminary Clean-Up and Repair Plan Timeline Exhibit B 625 Atlantic Street Corpus Christi,Texas 78404 Page 2 of 3 23. At this stage of the rehab process, evaluate the House structure to determine whether to add additional living space or to change the design layout of the House structure before installing the new roof to the House. Obtain material and repair estimates and architectural designs for any additional living space or possible changes to the design layout of the House. January 16, 2023— January 27, 2023 24. Obtain Dumpsters to remove all unwarranted debris from the Garage. January 16, 2023— January 20, 2023 25. Repair/ Replace all rotted wood in the Garage. January 23, 2023— February 3, 2023 26. Install Garage Roof. February 6, 2023— February 10, 2023 27. Obtain Dumpsters to remove all the branches and any other remaining debris from the House or lawn premises. February 13, 2023— February 17, 2023 Note: The aforesaid Repair Timeline is an estimate only and where Respondents are prevented from completing any part of the Work described herein due to delay beyond the control of the Respondents, the Repair times shall be extended in an amount equal to the time lost due to such delay. Delays beyond the control of the Respondents shall include, but not limited to, acts or neglects by Contractors, Subcontractors or Laborers, fires, floods, epidemics, unforeseen circumstances, weather conditions, material supply issues or acts of God. Respondents reserve the right to amend the Repair Timeline with prior written Notice to the respective City Council of Corpus Christi, Texas. Preliminary Clean-Up and Repair Plan Timeline Exhibit B 625 Atlantic Street Corpus Christi,Texas 78404 Page 3 of 3 M g rM z � li r f r � S w , A aw � ,rx � Mil►...., �" �YOgR ..,�� �� � .. � �. � .4 N , 1. -.. 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