Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda Packet City Council - 02/28/2023
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, February 28,2023 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 Bishop, C.E. Richardson Sr., Calvary First Baptist Church. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Sydney Quimby, Senior at 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: 1. 23-0408 Recognition of Dr. H.0 Dilworth Park Monument Dedication - Nadia Chandler-Hardy, Assistant City Manager 2. 23-0409 Overview of Padre Island National Seashore's Beach Management Plan Development - Dan McGinn, Director of Planning 3. 23-0410 FY 2023 1st Quarter Budget and Financial Report City of Corpus Christi Page 1 Printed on 2/27/2023 City Council Meeting Agenda-Final-revised February 28,2023 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: 4. 23-0356 Animal Care Advisory Committee (5 vacancies) Committee for Persons with Disabilities (5 vacancies) Corpus Christi Downtown Management District (2 vacancies) H. EXPLANATION OF COUNCIL ACTION: I. CONSENT AGENDA: (ITEMS 5 - 12) 5. 23-0357 Approval of the February 21, 2023 Regular Meeting Minutes. sponsors: City Secretary's Office Consent-Second Reading Ordinances 6. 23-0241 Case No. 0123-01 Bella Holdings, LLC: (District 2): Ordinance rezoning property at or near 3104 South Alameda Street, located along the east side of South Alameda Street, north of Glazebrook Street and south of Mc Call Street, from the "ON" Neighborhood Office District to the "CN-1" Neighborhood Commercial District. (Planning Commission and Staff recommend approval of the rezoning request from the "ON" Neighborhood Office District to the "CN-1" Neighborhood Office District). sponsors: Development Services General Consent Items 7. 23-0235 Resolution authorizing an amendment to the Consolidated Emergency Dispatch Center Interlocal Agreement between the City of Corpus Christi and Nueces County to include in the agreement the City of Bishop as a MetroCom participant. sponsors: Police Department 8. 23-0266 Resolution authorizing the submission of a grant application in the amount City of Corpus Christi Page 2 Printed on 2/27/2023 City Council Meeting Agenda-Final-revised February 28,2023 of$133,280.26 to the Office of the Governor Homeland Security Grants Division for the Corpus Christi Police Department to provide funding for overtime and retirement funds for four sworn officers eligible under the FY 2024 Local Border Security Program Grant. sponsors: Police Department 9. 23-0135 Resolution authorizing execution of a Memorandum of Agreement between the Federal Aviation Administration, the Texas State Historic Preservation Officer, and the City of Corpus Christi for the demolition of the Gault Hangar located at the Corpus Christi International Airport. sponsors: Aviation Department Consent-First Reading Ordinances 10. 23-0326 Ordinance authorizing the acceptance of a grant from the Office of the Attorney General - Office of Juvenile Justice and Delinquency Prevention for the Internet Crimes Against Children Task Force program, in the amount of$10,000.00 to purchase forensic computer equipment and software licenses for the Corpus Christi Police Department; and appropriating the $10,000.00 in the Police Grants Fund. sponsors: Police Department 11. 23-0192 Ordinance appropriating $1,967,995.46 from the following Parks and Recreation Grants: Elderly Nutrition Program, $1,222,223.54; Senior Companion Program, $442,122.00; Retired & Senior Volunteer Program, $176,160.00; Texans Feeding Texans, $75,517.59; Summer Food Service Program-Deferred Revenue, $28,880.33; Beat the Heat Cooling Centers, $12,000.00 and After School Snacks, $11,092.00; authorizing the purchase of up to $450,000 in food supplies for the senior nutrition program through the participation in the TEXAS 20 Purchasing Cooperative beginning October 1, 2022, which includes up to $410,000.00 from Labatt Food Service LLC and $40,000.00 from Hill Country Dairies Inc. sponsors: Parks and Recreation Department 12. 23-0308 Ordinance authorizing a one-year lease agreement with an option of five (5) additional twelve (12) month terms for renewal with ABM Aviation for two spaces inside the Airport Terminal building at the Corpus Christi International Airport (CCIA). sponsors: Aviation Department J. RECESS FOR LUNCH K. PUBLIC HEARINGS: L. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 13 - 19) City of Corpus Christi Page 3 Printed on 2/27/2023 City Council Meeting Agenda-Final-revised February 28,2023 13. 23-0234 Motion to authorize execution of a real estate sales contract with Wayne White and Dolores White in the amount of$190,000.00 plus estimated closing costs in the amount of$1,671.40 for the City's acquisition of 1.51 acres of land, located Lot Three, Block One, Los Encinos Industrial Site, in the City of Corpus Christi, Nueces County, Texas for public safety purposes, with funding available from the FY 2023 Police General Fund. sponsors: Police Department 14. 23-0085 Motion authorizing a three-year service agreement with two one-year options, with TFR Enterprises, Inc., of Leander, Texas, for disaster debris clearing, removal and disposal services for Solid Waste Services, in an amount not to exceed $363,543,840.00, with a potential amount not to exceed $605,906,400.00 if the options are exercised. Sponsors: Solid Waste Operations and Finance &Procurement 15. 23-0373 Motion authorizing a professional service agreement with HDR in the amount of$94,090.00 to evaluate an additional water supply strategy (Evangeline Groundwater Evaluation) to be integrated into the City's current water system to address impacts of growth, drought and regional water demands with funding from the FY 2023 Water Fund. Sponsors: Engineering Services, Corpus Christi Water and Contracts and Procurement 16. 23-0324 Motion authorizing amendment No. 2 to the professional services contract with Pape-Dawson Engineers, Inc of San Antonio, Texas, to develop a more robust consolidation of the draft Drainage Design Manual and the Drainage Design Criteria Manual and to conduct additional meetings with the Capital Improvement Advisory Committee (CIAC), in the amount of $271,900.00 for a total amount not to exceed $3,736,700, with FY 2023 funding available in the Development Services Fund. sponsors: Development Services 17. 23-0105 Motion authorizing execution of two one-year professional service agreements, each having two one-year options, for a combined amount not to exceed $250,000.00 with P.A.A.C. People Assisting Animal Control for $150,000.00 and The Cattery, Inc. for$100,000.00 to provide spay and neuter services, with a total potential amount not to exceed $750,000.00 if options are exercised, with FY 2023 funding of$125,000.00 from the General Fund. sponsors: Neighborhood Services and Finance &Procurement 18. 23-0304 Ordinance amending Chapter 6 of the Code of Ordinances regarding Animal Care and Control by adding and clarifying definitions, creating and revising sections including an Intact animal permit, pet shop prohibitions, length of stay, updates to the Dangerous and Aggressive dog owner requirements and fee schedule; providing for severance, publication, penalty not to exceed $500 and establishing an effective date of the new laws. City of Corpus Christi Page 4 Printed on 2/27/2023 City Council Meeting Agenda-Final-revised February 28,2023 Sponsors: Neighborhood Services 19. 23-0349 Resolution to support legislation to grant access to state financing incentives to expand or improve the American Bank Center and surrounding property. Sponsors: Communications&Intergovernmental Affairs M. BRIEFINGS: N. EXECUTIVE SESSION: O. ADJOURNMENT City of Corpus Christi Page 5 Printed on 2/27/2023 U 4L 7 -4 m INisCOst FY 2023 1st Quarter Budget & Financial Report February 28, 2023 Presentation Overview flscu r[nR amt-�a�a ADOPTED OPERATING FY 2023 First Quarter financial BUDGET report for the period October 1, mnu n nn cotta of avrtfm c nn nomaul.nnss Cltt Of CORPUS CMRI511 CITY MANAGER - 2022 through December 31, 2022 PETER ZANONI } All figures presented today are unaudited Financial Policies and City Charter ,; require the City Manager to provide ma � r Quarterly updates on City financial $ progress z General Fund Revenues 1st 1st Annual ($ in Millions) Bud et Quarter Quarter Variance Budget Actuals 1) 1 st Quarter came in less than Sales • • 17.0 • ' anticipated. January receipts WasteSolid 44.1 • . 11.2 • were above budgeted amount. Franchise Fees - • • •' 2) November and December SafetyPublic • • , exceeded budgeted amounts and all three months were . . . • • above prior year actuals. Intergovernmental Municipal Court 5.5 1.1 • - - • 3) Timing of receipts is causing an unfavorable variance, but Recreation Revenues 2.2 • • • • revenue will be received in the Other coming months. • • • 3 General Fund Expenses 1St 1st Annual ($ in Millions) Bud et Quarter Quarter Variance g Budget Actuals Total General Fund Expenditures➢ Annual Budget includes $11.3M in commitments from FY 2022 ➢ The $20.9M positive variance equates to 21.2%. We are normally under budgeted amounts in the 1St Quarter— last year we were 22.1% under budgeted amounts and in FY2021 we were 18.7% under budgeted amounts for the 1St Quarter. U 4 FY 2023 Budget Initiatives (All Funds) ➢ 144 Budget initiatives totaling $43.OM ➢ 124 of the 144 initiatives are on schedule or completed ➢ Remaining 20 initiatives are behind schedule Budget initiatives include: • 24 additional sworn Firefighter positions • Replacement of 2 aerial apparatus • 25 additional sworn Police positions • BearCat Armored Vehicle • 4 positions and equipment for Right-Of-Way Management Team enhancement • 5 Pedestrian Mobility and Safety projects • Cole Park Plaza Shade Structure • Additional Lifeguards for Gulf Beaches and North Beach Q • Animal Care pilot program for additional spay/neuter (] • 12 positions and vehicles for Utility Project Inspection Services enhancement • 9 positions to create a Wastewater manhole and construction crew 5 HOT Tax Revenue Annual . . - - . $17 . 6 III1st Quarter . . - $3 . sM� $ 4 .oM Variance $0 . 2 Ho EL lit ➢ Visit Corpus Christi continues close monitoring of industry Water Fund Revenues $135.8M $33 .8M $34.2M $0.4M Annual 1St QuartM.. ls'Quarter 1stQ7,arter Budget Budget,,o Actuals . Expenses $152.3M $38.2M $24 .6M $13.6M AnnualSt Quart • - • - Budget tudget Actuals Wastewater Annual 1st QuartlF1StQuarter 1StQuarter Budget Budge Actuals Variance IC Expenses $81 .9M ► 20.2M ► • ► AnnualQuart- 1StQuarte 1StQuarter Budget • • - Actuals Variance Capital Improvement Program ➢ Bond 2020 r ➢ Twenty-two (22) projects are completed or under construction '" ➢ Fourteen (14) projects will be under construction by May 2023 and additional four(4) projects will be under construction by October 2023 ➢ Remaining two (2) projects are "design only" and are currently under design -` �� ➢ Annual CIP close-out report will be presented to council on March 28th 1St Quarter Summary • General Fund revenues are consistent with projections • HOT revenues are higher than projected • Water and Wastewater revenues are better than budgeted amounts • Record setting delivery continues with Bond 2020 Projects o U io NEXT STEPS March 2023: )�'Annual Comprehensive Financial Report (ACFR) finalized for FY 2022 )��Annual CI P close-out April 2023: � FY 2024 City Council Goal Setting Session May 2023: ➢ 2nd Quarter Budget & Financial Report for FY 2023 FY 2022-2023 Budget/Performance Report Is 'Qu e iv u � Iwo, J i °Pert. nded Decd r 31 202 C��,� O U �'��ORPRRpSEO 1852 City of Corpus Christi, Texas Office of Management & Budget U50 �NCQRPORAIt� 1852 2 FY 2023 First Quarter d Budget and Finance Repor General Fund Revenues City of Corpus Christi ALL SOURCES($ in Millions) $60 FY 2023 Variance Amended Actuals Favorable $50 Budget (Unfavorable) $40 Oct $ 41.17 $ 41.38 $ 0.21 Nov 47.01 50.87 3.85 $30 Dec 26.83 22.24 -4.59 Jan 0.00 $20 Feb 0.00 Mar 0.00 $10 Apr 0.00 May 0.00 $_ Jun 0.00 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Jul 0.00 Aug 0.00 FY 2023 Amended Budget (Actuals Sep 0.00 Total 115.01 114.49 0.52 GENERAL PROPERTY TAX in Millions) $30 FY 2023 Variance Amended Actuals Favorable $25 Budget (Unfavorable) $20 Oct $ 27.60 $ 26.63 $ (0.98) Nov 7.75 9.37 1.61 $15 Dec 12.84 10.55 -2.29 Jan 0.00 $10 Feb 0.00 Mar 0.00 $5 Apr 0.00 May 0.00 $_ Jun 0.00 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Jul 0.00 Aug 0.00 FY 2023 Amended Budget Actuals Sep 0.00 Total 48.20 46.54 1.66 CITY SALES TAX($ in Millions) $6 FY 2023 Variance $6 Amended Actuals Favorable $6 Budget (Unfavorable) $6 Oct $ 6.10 $ 6.09 $ (0.01) Nov 5.39 5.45 0.07 $5 Dec 5.09 5.43 0.34 $5 Jan 0.00 $5 Feb 0.00 $5 Mar 0.00 Apr 0.00 $5 May 0.00 $4 Jun 0.00 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Jul 0.00 Aug 0.00 FY 2023 Amended Budget (Actuals Sep 0.00 Total 16.57 16.97 0.40 3 0 General Fund Revenues City of Corpus Christi FRANCHISE FEES($ in Millions) $1.2 FY 2023 Variance Amended Actuals Favorable $1.0 Budget (Unfavorable) $0.8 Oct $ 0.03 $ 0.86 $ 0.84 Nov 1.00 0.01 -0.99 $0.6 Dec 0.87 0.01 -0.86 Jan 0.00 $0.4 Feb 0.00 Mar 0.00 $0.2 Apr 0.00 May 0.00 $_ _ Jun 0.00 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Jul 0.00 Aug 0.00 FY 2023 Amended Budget (Actuals Sep 0.00 Total 1.90 0.88 1.02 SOLID $4.5 FY 2023 Variance $4.0 Amended Actuals Favorable $3.5 Budget (Unfavorable) $3.0 Oct $ 3.55 $ 3.81 $ 0.26 Nov 3.56 3.54 -0.01 $2.5 Dec 3.83 3.83 -0.01 $2.0 Jan 0.00 $1.5 Feb 0.00 Mar 0.00 $1.0 Apr 0.00 $0.5 May 0.00 $_ Jun 0.00 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Jul 0.00 Aug 0.00 FY 2023 Amended Budget Actuals Sep 0.00 Total 10.94 11.18 0.24 ALL OTHER REVENUES($ in Millions) $35 FY 2023 Variance $30 Amended Actuals Favorable Budget (Unfavorable) $25 Oct $ 3.89 $ 3.99 $ 0.10 $20 Nov 29.31 32.50 3.18 Dec 4.19 2.42 -1.77 $15 Jan 0.00 Feb 0.00 $10 Mar 0.00 $5 Apr 0.00 May 0.00 $_ Jun 0.00 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Jul 0.00 Aug 0.00 FY 2023 Amended Budget ♦Actuals Sep 0.00 Total 37.40 38.91 1.51 4 FY 2023 First Quarter Budget and Finance Report General Fund Revenues City of Corpus Christi FY2023 YTD YTD YTD YTD BUDGET BUDGET ACTUALS YTD BUDGET ACTUALS YTD • • • • • • • • • • AVAILABLE FUNDS Reserved for Encumbrances $12,711,158 $8,567,262 Reserved for Commitments $0 $14,063,969 Reserved for Major Contingencies $62,280,338 $57,212,372 Unreserved $36,430,544 $23,249,327 BEGINNING BALANCE $111,422,040 $103,092,930 REVENUES General Property Taxes $99,161,858 $48,200,908 $46,542,958 96.6% $43,338,775 $45,727,565 105.5% Industrial District- In-lieu 25,296,236 25,296,236 25,400,069 100.4% 24,203,291 25,887,895 107.0% City Sales Tax 68,798,866 16,570,312 16,973,804 102.4% 15,371,702 16,274,898 105.9% Other Taxes 2,360,735 237,492 235,653 99.2% 299,000 253,395 84.7% (1) Franchise Fees 15,214,617 1,899,870 879,682 46.3% 1,866,141 1,829,801 98.1% Solid Waste Services 44,091,548 10,947,034 11,185,050 102.2% 10,674,598 10,161,772 95.2% (2) Other Permits & Licenses 1,856,583 227,541 102,390 45.0% 81,525 152,459 187.0% Municipal Court 5,489,521 1,085,858 1,388,072 127.8% 900,914 1,150,321 127.7% General Gov. Service 12 - - n/a 10,827 - 0.0% Health Services 1,205,570 498,019 413,898 83.1% 477,475 343,721 72.0% Animal Care Services 43,910 12,104 12,500 103.3% 35,955 15,561 43.3% Library Services 57,048 14,262 12,049 84.5% 16,123 14,148 87.8% Recreation Services 2,248,911 513,275 512,039 99.8% 939,006 447,801 47.7% Administrative Charges 10,382,020 2,595,504 2,576,974 99.3% 2,272,600 2,281,869 100.4% (3) Interest and Investments 2,805,088 573,376 1,619,745 282.5% 84,229 97,276 115.5% (4) Public Safety Services 15,042,893 3,161,661 3,564,991 112.8% 2,511,110 3,259,160 129.8% Intergovernmental 2,059,896 473,205 453,484 95.8% 213,751 155,321 72.7% (5) Other Revenues 1,035,258 211,943 476,190 224.7% 223,835 1,076,680 481% Interfund Charges 9,967,930 2,491,982 2,136,979 85.8% 2,172,462 2,095,401 96.5% $307,118,498 $115,010,582 $114,486,527 99.5% $105,693,318 $111,225,044 105.2% 5 FY 2023 First Quarter Budget • Finance Report General Fund Expenditures City of Corpus Christi BUDGET BUDGET ACTUALS, YTD BUDGET ACTUALS, YTID 2022-2023 2022-2023 2022-2023 % 2021-2022 2021-2022 % APPROPRIATIONS City Council & Mayors Office $541,326 $125,582 $76,415 60.8% $139,752 $98,802 70.7% City Attorney 3,067,283 675,278 531,194 78.7% 652,391 551,523 84.5% (1) City Auditor 767,492 212,935 83,613 39.3% 133,633 82,800 62.0% City Manager 2,721,811 657,058 514,224 78.3% 538,447 538,521 100.0% Intergov. Relations 500,253 117,142 77,865 66.5% 87,702 63,479 72.4% Communication 4,029,697 882,295 618,416 70.1% 826,056 614,594 74.4% City Secretary 1,703,981 324,257 262,624 81.0% 288,656 222,350 77.0% (2) Economic Dev. Office 806,112 248,783 54,168 21.8% - - n/a Finance 5,919,474 1,455,927 1,046,802 71.9% 1,435,278 992,694 69.2% (3) Management& Budget 1,698,325 622,817 258,834 41.6% 256,278 272,814 106.5% Strategic Planning 361,596 87,323 78,554 90.0% 104,252 70,110 67.3% Human Resources 2,678,020 636,536 600,529 94.3% 658,690 571,937 86.8% Municipal Court 6,264,132 1,473,184 1,318,813 89.5% 1,447,226 1,262,533 87.2% Museum 550,799 139,206 112,119 80.5% 203,000 166,025 81.8% Fire 84,666,961 25,225,157 15,013,455 59.5% 17,320,258 14,830,730 85.6% Police 80,141,410 18,678,267 17,748,883 95.0% 18,354,419 16,732,574 91.2% Health Services 5,244,388 1,235,696 936,962 75.8% 944,033 654,701 69.4% Animal Control 4,331,623 1,030,257 769,840 74.7% 1,053,461 588,168 55.8% Library 5,854,741 1,653,991 1,066,387 64.5% 1,376,911 1,040,438 75.6% Parks & Recreation 21,660,939 6,145,919 4,230,481 68.8% 5,258,432 3,396,380 64.6% Solid Waste Services 35,429,862 9,758,509 6,386,142 65.4% 9,831,975 5,401,912 54.9% Comprehensive Planning 1,504,188 469,124 283,976 60.5% 695,556 221,067 31.8% Code Enforcement 3,480,118 880,900 670,686 76.1% 780,701 521,041 66.7% Neighborhood Services 756,169 252,972 94,221 37.2% 146,112 80,220 54.9% Street Lighting 3,474,658 842,420 248,421 29.5% 557,457 480,009 86.1% Outside Agencies 2,784,364 816,907 846,634 103.6% 818,505 754,029 92.1% (4) Other Activities 3,203,028 403,028 35,024 8.7% 2,608,372 919,393 35.2% Transfer to Debt n/a n/a Transfer to Streets 34,749,102 8,687,277 8,687,275 100.0% 8,600,019 7,070,949 82.2% Economic Dev. Incentives 950,000 - - n/a - - n/a Interdepartmental Transfers 20,790,034 14,761,303 14,945,384 101.2% 1,563,249 1,515,747 97.0% TOTAL APPROPRIATIONS $340,631,887 $98,500,050 $77,597,939 78.8% $76,680,822 $59,715,538 77.9% 6 FY 2023 First Quarter .� Budget and Finance Reporil General Fund Notes City of Corpus Christi Revenue: (1) Franchise Fees-One month of 1st Quarter Electric Franchise revenue was posted in January and budgeted in December-$886k (2) Other Permits and Licenses-Short Term Rentals budgeted at$62,500 monthly and only$9,950 received in 1st Quarter. $351,850 was posted in January 2023 which put the revenue ahead of budgeted amounts for the 4 months (3) Interest and Investments-$852,009 in unbudgeted LiftFund repayment of loans received in 1st Quarter (4) Public Safety Services- Emergency Call Revenue is$311k over budgeted amounts and Auction proceeds are $96k over budgeted amounts (5) Other Revenue-$190k for Arena naming rights recorded in December, not budgeted until later in FY Expenditures: (1) City Auditor-Savings in personnel expenses, only 8%of personnel budget expended in 1st Quarter (2) Economic Development Office-Savings in personnel expenses, only 7%of personnel budget expended in 1st Quarter (3) Management&Budget-$322k in Professional Services for Budget Module was budgeted in 1st Quarter, amount has been encumbered but not expended (4) Other Activities-$335k from Ocean Drive project carried forward from FY 2022 is encumbered but not expended 7 0 Enterprise Funds Revenues City of Corpus Christi Millions)WATER UTILITY&GAS FUNDS in $30.0 FY 2023 Variance Amended Actuals Favorable $25.0 Budget (Unfavorable) $20.0 Oct $ 24.23 $ 25.37 $ 1.14 Nov 24.09 24.27 0.17 $15.0 Dec 24.28 24.23 -0.05 Jan 0.00 $10.0 Feb 0.00 Mar 0.00 $5.0 Apr 0.00 May 0.00 $_ Jun 0.00 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Jul 0.00 Aug 0.00 FY 2023 Amended Budget (Actuals Sep 0.00 Total 72.60 73.86 1.26 AIRPORT FUNDS($ in Millions) $1.40 FY 2023 Variance $1.20 Amended Actuals Favorable Budget (Unfavorable) $1.00 Oct $ 1.24 $ 1.31 $ 0.08 $0.80 Nov 1.18 1.17 -0.01 Dec 1.01 0.81 -0.21 $0.60 Jan 0.00 Feb 0.00 $0.40 Mar 0.00 $0.20 Apr 0.00 May 0.00 $_ Jun 0.00 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Jul 0.00 Aug 0.00 FY 2023 Amended Budget (Actuals Sep 0.00 Total 3.43 3.29 0.14 MARINA FUND($ in Millions) FY 2023 Variance $0.40 Amended Actuals Favorable Budget (Unfavorable) Oct $ 0.20 $ 0.17 $ (0.03) $0.3o Nov 0.20 0.18 -0.01 Dec 0.19 0.18 -0.02 $0.20 _ Jan 0.00 Feb 0.00 $0.10 Mar 0.00 Apr 0.00 May 0.00 $_ Jun 0.00 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Jul 0.00 Aug 0.00 FY 2023 Amended Budget -&-Actuals Sep 0.00 Total 0.59 0.53 0.06 2023 First Quarter - d Budget po Enterprise Funds City of Corpus Christi YTD YTD YTD YTD BUDGET BUDGET ACTUALS YTD BUDGET ACTUALS YTD 2022-2023 2022-2023 2022-2023 % 2021-2022 2021-2022 % ENTERPRISE FUNDS Water Revenues $135,807,838 $33,797,925 $33,432,786 98.9% $35,538,112 $35,537,833 100.0% Expenditures 152,330,206 38,207,950 24,618,115 64.4% 40,786,368 28,531,452 70.0% Aquifer Storage&Rec Revenues 92,324 22,969 24,531 106.8% 22,350 22,720 101.7% Expenditures 82,000 16,600 - 0.0% - - n/a Backflow Prevention Revenues 140,000 36,000 12,692 35.3% 81,000 74,679 92.2% Expenditures 343,300 133,090 - 0.0% 85,650 32,278 37.7% Drought Surcharge Revenues 4,443,544 1,105,384 1,344,349 121.6% 776,647 971,749 125.1% Expenditures 517,128 129,282 129,282 100.0% 129,396 129,396 100.0% Raw Water Supply Dev Revenues 2,028,208 312,699 569,235 182.0% 369,242 470,630 127.5% Expenditures 82,000 20,500 20,500 100.0% 22,350 22,350 100.0% Choke Canyon Revenues 91,677 18,161 29,961 165.0% 1,995 3,273 164.0% Expenditures 170,799 42,700 42,700 100.0% 41,021 41,022 100.0% Gas Revenues 49,272,764 10,964,651 12,249,004 111.7% 12,816,414 10,824,988 84.5% Expenditures 54,243,913 12,494,508 7,260,596 58.1% 12,543,888 5,027,338 40.1% Wastewater Revenues 81,312,363 20,328,091 20,273,886 99.7% 18,522,200 20,161,939 108.9% Expenditures 81,873,046 20,243,262 16,051,221 79.3% 29,309,051 15,952,012 54.4% Storm Water Revenues 23,092,204 5,774,618 5,922,520 102.6% 4,354,936 4,356,265 100.0% Expenditures 25,521,416 6,380,354 4,132,122 64.8% 5,908,452 3,247,725 55.0% Airport Revenues 10,780,549 2,735,020 2,718,919 99.4% 2,387,042 2,788,374 116.8% Expenditures 13,635,368 4,655,323 1,309,658 28.1% 3,729,844 1,112,413 29.8% Airport Passenger Facility Charge Revenues 1,214,092 333,597 329,359 98.7% 200,119 304,979 152.4% Expenditures 1,093,368 273,342 273,342 100.0% 282,249 282,249 100.0% Airport Customer Facility Charge Revenues 1,296,883 356,991 239,422 67.1% 251,536 285,964 113.7% Expenditures 1,248,132 349,101 197,498 56.6% 467,174 185,383 39.7% Golf Center Revenues 358,219 3,970 7,140 179.8% 1,980 1,985 100.2% Expenditures 439,344 6,837 7,655 112.0% 6,712 6,679 99.5% Golf Capital Reserve Revenues 145,000 36,249 46,843 129.2% - 20,060 n/a Expenditures 135,000 33,747 37,100 109.9% - - n/a Marina Revenues 2,391,969 589,737 527,796 89.5% 530,775 505,570 95.3% Expenditures 2,893,295 805,030 526,981 65.5% 655,621 487,545 74.4% TOTAL ENTERPRISE FUNDS Revenues $312,467,634 $76,416,061 $77,728,443 101.7% $75,854,348 $76,331,007 100.6% Expenditures $334,608,316 $83,791,626 $54,606,771 65.2% $93,967,777 $55,057,841 58.6% 9 FY 2023 First Quarter .... Budget and Finance Report Enterprise Funds City of Corpus Christi Revenue: Expenditures: 10 m d Special Revenue Funds Revenues City of Corpus Christi HOTEL • •T) &STATE HOTEL • • • $1.8 FY 2023 Variance $1.6 Amended Actuals Favorable $1.4 Budget (Unfavorable) $12 Oct $ 1.55 $ 1.71 $ 0.16 Nov 1.50 1.66 0.17 $1.0 Dec 1.28 0.91 -0.37 $0.8 Jan 0.00 $0.6 Feb 0.00 Mar 0.00 $0.4 Apr 0.00 $0.2 May 0.00 $_ Jun 0.00 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Jul 0.00 Aug 0.00 FY 2023 Amended Budget (Actuals Sep 0.00 Total 4.33 4.28 0.05 REINVESTMENT • $2.0 FY 2023 Variance $1.8 Amended Actuals Favorable $1.6 Budget (Unfavorable) $1.4 Oct $ 0.79 $ 1.90 $ 1.11 $1.2 Nov 0.62 0.64 0.02 $1.0 Dec 1.31 1.85 0.54 $0.8 Jan 0.00 Feb 0.00 $0.6 Mar 0.00 $0.4 Apr 0.00 $0.2 May 0.00 $_ Jun 0.00 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Jul 0.00 Aug 0.00 FY 2023 Amended Budget (Actuals Sep 0.00 Total 2.72 4.39 1.68 $3.0 FY 2023 Variance Amended Actuals Favorable $2.5 Budget (Unfavorable) $2.0 Oct $ 2.60 $ 2.46 $ (0.14) Nov 2.15 2.13 -0.02 $1.5 Dec 1.88 2.15 0.27 Jan 0.00 $1.0 Feb 0.00 Mar 0.00 $0.5 Apr 0.00 May 0.00 $_ Jun 0.00 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Jul 0.00 Aug 0.00 FY 2023 Amended Budget ♦Actuals Sep 0.00 Total 6.63 6.75 0.12 0 Special Revenue Funds Revenues City of Corpus Christi CRIME CONTROL $0.9 FY 2023 Variance $0.8 Amended Actuals Favorable $0.7 Budget (Unfavorable) $0.6 Oct $ 0.77 $ 0.77 $ 0.00 Nov 0.63 0.69 0.06 $0.5 Dec 0.69 0.70 0.01 $0.4 Jan 0.00 $0.3 Feb 0.00 Mar 0.00 $0.2 Apr 0.00 $0.1 May 0.00 $_ Jun 0.00 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Jul 0.00 Aug 0.00 FY 2023 Amended Budget (Actuals Sep 0.00 Total 2.09 2.16 0.07 DEVELOPMENT $1.2 FY 2023 Variance Amended Actuals Favorable $1.0 Budget (Unfavorable) $0.8 Oct $ 0.79 $ 1.02 $ 0.23 Nov 0.80 0.57 -0.23 $0.6 Dec 0.79 0.43 -0.36 Jan 0.00 $0.4 Feb 0.00 Mar 0.00 $0.2 Apr 0.00 May 0.00 $_ Jun 0.00 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Jul 0.00 Aug 0.00 FY 2023 Amended Budget Actuals Sep 0.00 Total 2.39 2.02 0.36 STREET MAINTENANCE& RESIDENTIAL STREET RECONSTRUCTION $6.0 FY 2023 Variance Amended Actuals Favorable $5.0 Budget (Unfavorable) $4.0 Oct $ 4.40 $ 5.38 $ 0.98 Nov 4.36 4.90 0.54 $3.0 Dec 5.12 5.65 0.53 Jan 0.00 $2.0 Feb 0.00 Mar 0.00 $1.0 Apr 0.00 May 0.00 $_ Jun 0.00 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Jul 0.00 Aug 0.00 FY 2023 Amended Budget -&-Actuals Sep 0.00 Total 13.88 15.93 2.05 12 FY 2023 First Quarter Budget and Finance Report Special Revenue Funds City of Corpus Christi FY2023 YTD YTD YTD YTD BUDGET BUDGET ACTUALS YTD BUDGET ACTUALS YTD • • 2022-2023 2022-2023 % 2021-2022 2021-2022 % SPECIAL REVENUE FUNDS Hotel Occupancy Tax Revenues $17,558,931 $3,773,324 $3,952,667 104.8% $3,138,293 $3,774,257 120.3% Expenditures 20,020,853 4,511,139 4,968,787 110.1% 6,113,314 4,398,367 71.9% Public, Edu &Gov Cable Revenues 694,150 16,665 26,872 161.2% 1,323 2,765 209.0% Expenditures 760,733 580,162 14,940 2.6% 584,839 183,609 31.4% State Hotel Occupancy Tax (1) Revenues 4,098,581 553,738 328,157 59.3% 264,638 277,025 104.7% Expenditures 13,651,436 8,640,149 8,082,973 93.6% 1,213,344 865,149 71.3% Municipal Court-Security Revenues 143,177 32,332 41,814 129.3% 20,655 40,880 197.9% Expenditures 233,470 116,492 45,156 38.8% 117,675 20,148 17.1% Municipal Court-Tech. Revenues 141,500 33,500 36,070 107.7% 24,073 34,857 144.8% Expenditures 180,141 26,360 11,821 44.8% 119,588 8,033 6.7% Muni.Court-Juvenile Mgr. Revenues 158,012 36,422 45,309 124.4% 29,183 43,061 147.6% Expenditures 145,754 33,284 32,640 98.1% 32,779 31,232 95.3% Muni.Court-Juvenile Other Revenues 4,546 744 1,839 247.2% 1,484 811 54.6% Expenditures 7,000 - - n/a 1,000 - 0.0% Muni.Court-Juvenile Jury Revenues 2,409 585 664 113.5% 201 772 384.3% Expenditures 432 108 - 0.0% 432 - 0.0% Parking Improvement Revenues 85,646 2,589 4,243 163.9% - 409 n/a Expenditures - - - n/a - - n/a Street Revenues 37,944,500 8,766,844 9,697,388 110.6% 8,954,944 8,635,477 96.4% Expenditures 58,468,370 25,447,587 6,852,155 26.9% 31,328,042 6,075,551 19.4% Residential Street Recon. Revenues 20,508,450 5,108,731 6,230,496 122.0% 4,479,063 3,004,755 67.1% Expenditures 33,513,221 19,185,369 1,189,611 6.2% 12,912,580 845,973 6.6% Health 1115 Waiver Revenues - - 7,128 n/a - 757 n/a Expenditures 700,000 174,999 - 0.0% 174,999 - 0.0% Dockless Vehicles Revenues 235,878 40,693 10,117 24.9% 18,375 67,600 367.9% Expenditures 81,436 20,358 6,609 32.5% 17,907 4,158 23.2% Metrocom Fund Revenues 8,334,173 1,345,921 3,338,619 248.1% 1,440,271 2,010,145 139.6% Expenditures 9,146,249 2,719,565 2,035,816 74.9% 2,060,825 1,785,176 86.6% 13 FY 2023 First Quarter -d Budget and Finance Report Special Revenue Funds City of Corpus Christi FY2023 YTD YTD YTD YTD BUDGET BUDGET ACTUALS YTD BUDGET ACTUALS YTD 2022-2023 2022-2023 2022-2023 % 2021-2022 2021-2022 % Health District 1115 Waiver Revenues 1,567,620 391,905 361,744 92.3% - - n/a Expenditures 1,005,741 197,408 76,514 38.8% - - n/a Reinvestment Zone No.2 Revenues 3,884,967 1,736,977 3,076,411 177.1% 2,158,851 2,321,351 107.5% Expenditures - - 350 n/a 20,636 18,112 87.8% Reinvestment Zone No.3 Revenues 2,475,752 713,771 872,103 122.2% 645,671 348,273 53.9% Expenditures 3,517,451 402,236 274,072 68.1% 440,986 356,258 80.8% Reinvestment Zone No.4 Revenues 390,695 265,980 445,021 167.3% 105,000 265,844 253.2% Expenditures 97,075 18,972 18,972 100.0% 26,277 18,018 68.6% Reinvestment Zone No.5 Revenues 3,500 - 595 n/a 450 - 0.0% Expenditures - - - n/a 31,731 31,731 100.0% Seawall Improvement Revenues 8,605,142 2,076,070 2,247,483 108.3% 1,924,716 2,036,741 105.8% Expenditures 3,025,612 753,903 753,959 100.0% 747,882 16,556,637 2213.8% Arena Facility Revenues 8,603,662 2,076,070 2,191,581 105.6% 1,922,687 2,035,572 105.9% Expenditures 4,816,774 1,101,693 1,101,750 100.0% 2,029,006 1,777,451 87.6% Bus.&Job Development Revenues 12,627 5,491 11,640 212.0% 180 365 202.7% Expenditures 1,625,562 800,562 - 0.0% 3,250,332 147,011 4.5% Type B-Econ Development Revenues 4,331,460 1,056,901 1,118,410 105.8% 960,731 1,017,794 105.9% Expenditures 3,366,499 361,956 83,390 23.0% 1,114,924 27,062 2.4% Type B-Housing Revenues 506,620 501,653 508,210 101.3% 500,075 500,193 100.0% Expenditures 27,484 4,371 4,376 100.1% 506,339 6,266 1.2% Type B-Streets Revenues 3,799,840 916,309 561,087 61.2% 460,731 517,185 112.3% Expenditures 4,196,385 9,135 9,167 100.3% 7,860 7,870 100.1% Development Services Revenues 9,581,948 2,385,326 2,020,597 84.7% 1,882,288 1,977,125 105.0% Expenditures 18,345,576 8,977,499 7,875,103 87.7% 2,718,738 1,453,211 53.5% Visitors Facilities (2) Revenues 7,413,167 1,806,816 720,363 39.9% 2,838,314 1,654,319 58.3% (1) Expenditures 13,785,335 3,872,863 843,144 21.8% 10,374,497 1,031,087 9.9% Tourism Public Improve Dis Fund Revenues 3,500,000 875,001 401,989 45.9% - - n/a Expenditures 3,500,000 875,001 75,271 8.6% - - n/a Local Emergency Planning Committee Revenues 203,526 173,725 172,446 99.3% 181,925 144,393 79.4% Expenditures 214,349 112,589 107,232 95.2% 107,999 25,281 23.4% Crime Control Revenues 8,529,157 2,093,646 2,162,004 103.3% 1,882,617 2,035,762 108.1% Expenditures 9,811,179 2,451,879 2,212,351 90.2% 2,172,218 1,825,068 84.0% TOTAL SPECIAL REVENUE FUNDS Revenues $153,319,635 $36,787,728 $40,593,067 110.3% $33,836,739 $32,748,486 96.8% Expenditures $204,244,116 $81,395,639 $36,676,158 45.1% $78,226,748 $37,498,457 47.9% 14 FY 2023 First Quarter Budget and Finance Report Special Revenue Funds City of Corpus Christi Revenue: (1) State Hotel Occupancy Tax-Timing of receipts is causing variance, revenue will be received in coming months. (2) Visitors Facilities-Timing of receiving financial information from American Bank Center contractor is causing variance, no variance is anticipated when information is received. Expenditures: (1) Visitors Facilities-Timing of receiving financial information from American Bank Center contractor is causing variance, no variance is anticipated when information is received. 15 FY 2023 First Quartm - d �J Budget and Finance Report Internal Service Funds City of Corpus Christi FY2023 FY2022 YTD YTD YTD YTD BUDGET BUDGET ACTUALS YTD BUDGET ACTUALS YTD 2022-2023 2022-2023 2022-2023 % 2021-2022 2021-2022 % INTERNAL SERVICE FUNDS Contracts& Procurement Revenues $3,240,594 $812,647 $761,410 93.7% $1,774,759 $1,576,837 88.8% Expenditures $3,762,645 $924,936 $695,549 75.2% $1,863,757 $1,439,619 77.2% Asst. Mgt. -Fleet Revenues 19,198,320 4,799,579 5,560,576 115.9% 3,557,055 3,397,123 95.5% Expenditures 19,874,643 5,024,051 3,927,714 78.2/ 4,651,837 3,861,927 83.0% Asst. Mgt. -Fleet Replacement Revenues 26,712,679 6,649,382 6,213,964 93.5% 7,838,999 7,848,591 100.1% Expenditures 31,250,246 18,059,243 1,921,005 10.6% 10,639,046 112,644 1.1% Asst. Mgt. -Facilities Revenues 5,577,142 1,399,035 1,409,255 100.7% 1,966,221 1,982,592 100.8% Expenditures 9,731,830 3,924,244 1,325,859 33.8% 3,289,817 1,404,729 42.7% Information Technology Revenues 22,238,550 5,559,642 5,561,199 100.0% 4,400,772 4,402,835 100.0% Expenditures 22,257,781 8,205,551 6,601,101 80.4% 8,597,814 5,376,818 62.5% Engineering Revenues 13,496,786 2,843,249 2,212,246 77.8% 2,407,500 2,032,237 84.4% Expenditures 13,338,852 2,883,553 2,256,822 78.3% 2,279,268 1,870,695 82.1% Health Benefits-Fire Revenues 7,567,762 2,022,485 1,758,417 86.9% 2,319,188 2,428,443 104.7% Expenditures 7,640,954 2,172,730 2,304,149 106.0% 2,638,782 1,868,601 70.8% Health Benefits-Police Revenues 6,592,959 1,765,303 1,544,698 87.5% 1,868,241 1,748,662 93.6% Expenditures 6,605,921 1,577,757 1,840,441 116.6% 2,481,609 2,067,614 83.3% Health Benefits-Citicare Revenues 21,800,438 5,863,563 4,918,827 83.9% 5,920,977 6,124,823 103.4% Expenditures 23,539,726 6,380,115 5,363,335 84.1% 6,106,735 6,280,191 102.8% Liability Insurance Revenues 6,153,795 1,441,018 1,462,267 101.5% 1,268,556 1,509,861 119.0% Expenditures 8,816,083 2,627,389 1,934,465 73.6% 1,935,465 1,276,079 65.9% Workmens' Comp. Revenues 3,847,527 961,985 976,337 101.5% 651,668 649,610 99.7% Expenditures 4,038,520 1,606,018 1,035,834 64.5% 1,376,312 1,109,236 80.6% Risk Management Admin Revenues 1,313,160 328,290 329,130 100.3% 272,885 272,878 100.0% Expenditures 1,364,745 310,997 300,368 96.6% 285,439 263,366 92.3% Other Employee Benefits Revenues 1,769,865 475,775 426,523 89.6% 700,476 805,212 115.0% Expenditures 2,889,556 829,704 493,752 59.5% 757,672 438,880 57.9% Health Benefits Admin Revenues 559,230 139,598 139,607 100.0% 123,999 124,172 100.1% Expenditures 794,288 182,211 173,441 95.2% 135,659 78,257 57.7% TOTAL INTERNAL SERVICE FUNDS Revenues $140,068,807 $35,061,552 $33,274,456 94.9% $35,071,296 $34,903,876 99.5% Expenditures $155,905,790 $54,708,499 $30,173,835 55.2% $47,039,212 $27,448,654 58.4% 16 FY 2023 First Quarter . 7 Budget • Finance Report Internal Service Funds City of Corpus Christi Expenditures: 17 FY 2023 First Quarter Budget and Finance Report Fund Balance Financial Policies General Fund: It is the goal of the City Council to build and maintain a reserve in the General Fund unassigned fund balance which totals at least two months (or approximately 17%) of regular general fund operating expenditures up to 20%of total annual General Fund appropriations, exclusive of any one-time appropriations. Enterprise Funds: It is the goal of the City Council to build and maintain an unreserved fund balance in each of the Enterprise Funds of a maximum of 25%of the annual Enterprise Fund appropriations, exclusive of debt service and any one-time appropriations, and anything over that amount shall be designated for specific purpose(s). This subsection only applies to Water, Wastewater, Gas, Stormwater, Airport, and Marina fund balances. Internal Service Funds: It is the goal of the City Council to build and maintain an unassigned reserve in each Internal Service Fund listed below, of up to 5%, of annual Internal Service Fund appropriations, exclusive of any one-time appropriations. This subsection only applies to the Information Technologies, Contracts and Procurement, Engineering Services, Fleet Maintenance, and Facilities Maintenance. Group Health Plans Funds: It is a goal of the City to maintain a fund balance in the group health plans to (1) pay any associated administrative costs and claims run-out based upon the most recent actuarial study in the event the plan ceases or a change in the third-party administrator is made; and to (2) hold a reserve for catastrophic claims equaling 10%of projected medical and prescription claims. General Liability Fund: It is a goal of the City to maintain a fund balance in the General Liability Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; (2) to provide additional protection against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average incurred costs of claims experience over the prior five-year period; and (3) to protect against significant cost increases in the fiscal year for purchased insurance coverage premiums equaling 25% of the cost for purchased insurance over the prior year. Worker's Compensation Fund: It is a goal of the City to maintain a fund balance in the Worker's Compensation Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; and (2) to protect against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average of incurred costs of claims experience over the prior five-year period. Debt Service Reserve Fund: The City will strive to maintain a debt service fund balance for bonds, certificates of obligation, tax notes, and other debt instruments of at least 2%of the annual debt service appropriation(s) for the fiscal year; provided, however, this requirement shall comply with the provision of Treasury Regulation 1.148-2(f) which limits the amount of reserve funds that may secure the payment of debt service on bonds. 18 FY 2023 First Quarter Budget and Finance Report Fund Estimated Balance @ FY 2023 FY 2023 Ending Fund FUND 10/01/2022* Revenues Expenditures" Balance General Fund 1020 $ 111,422,040 $ 307,118,498 $ 340,631,887 $ 77,908,651 Water Fund 4010 $ 49,288,806 $ 135,807,838 $ 152,330,207 $ 32,766,437 Aquifer Storage&Recovery 4021 663,587 92,324 82,000 $ 673,911 Backflow Prevention Fund 4022 530,793 140,000 343,300 $ 327,493 Drought Surcharge Exemption Fund 4023 15,045,299 4,443,544 517,128 $ 18,971,715 Raw Water Supply Fund 4041 18,647,838 2,028,208 82,000 $ 20,594,046 Choke Canyon Fund 4050 5,026,981 91,677 170,799 $ 4,947,859 Gas Fund 4130 11,528,834 49,272,764 54,243,913 $ 6,557,685 Wastewater Fund 4200 29,761,395 81,312,363 81,873,046 $ 29,200,712 Storm Water Fund 4300 10,735,414 23,092,204 25,518,416 $ 8,309,202 Airport Fund 4610 8,851,786 10,787,772 13,463,892 $ 6,175,666 Airport PFC Fund 4621 2,757,084 1,214,092 1,093,368 $ 2,877,808 Airport CFC Fund 4632 1,962,593 1,296,883 1,248,043 $ 2,011,433 Golf Center Fund 4690 561,820 358,219 439,344 $ 480,695 Golf Capital Reserve Fund 4691 107,603 145,000 135,000 $ 117,603 Marina Fund 4700 1,343,532 2,391,969 2,890,629 $ 844,872 Enterprise Funds $ 156,813,363 $ 312,474,857 $ 334,431,085 $ 134,857,135 Contracts&Procurement Fund 5010 $ 461,044 $ 3,240,594 $ 3,762,645 $ (61,007) Asset Management-Fleet Fund 5110 1,589,956 19,198,320 19,874,643 $ 913,633 Asset Management-Equipment Replac Fund 5111 25,996,955 26,712,679 31,250,246 $ 21,459,388 Asset Management-Facility Fund 5115 4,186,483 5,577,142 9,731,830 $ 31,795 Information Technology Fund 5210 3,142,014 22,238,550 22,257,781 $ 3,122,783 Engineering Services Fund 5310 391,925 13,496,786 13,338,852 $ 549,859 Employee Health Benefits-Fire 5608 12,773,599 7,567,762 7,640,954 $ 12,700,407 Employee Health Benefits-Police 5609 9,934,619 6,592,959 6,605,921 $ 9,921,657 Employee Health Benefits-Citicare 5610 14,236,527 21,800,438 23,539,726 $ 12,497,239 General Liability Fund 5611 10,577,288 6,153,795 8,777,233 $ 7,953,850 Workers'Compensation Fund 5612 6,506,179 3,847,527 4,033,027 $ 6,320,679 Risk Management Administration Fund 5613 170,393 1,313,160 1,364,675 $ 118,878 Other Employee Benefits Fund 5614 1,448,544 1,769,865 2,889,556 $ 328,853 Health Benefits Administration Fund 5618 264,351 559,230 794,288 $ 29,293 Internal Service Funds $ 91,679,876 $ 140,068,807 $ 155,861,377 $ 75,887,306 Seawall Improvement Debt Fund 1121 $ 1,427,438 $ 2,865,243 $ 2,849,219 $ 1,443,462 Arena Facility Debt Fund 1131 3,172,041 3,514,373 3,451,250 $ 3,235,164 General Obligation Debt Fund 2010 13,953,955 56,668,865 57,770,410 $ 12,852,410 Water System Debt Fund 4400 3,081,464 20,359,549 20,139,137 $ 3,301,876 Wastewater System Debt Fund 4410 3,433,159 18,661,031 18,524,857 $ 3,569,333 Gas System Debt Fund 4420 812,206 1,214,854 1,197,283 $ 829,777 Storm Water System Fund 4430 2,254,933 15,973,188 15,892,339 $ 2,335,782 Airport 2012A Debt Fund 4640 122,396 356,688 356,687 $ 122,397 Airport 2012B Debt Fund 4641 40,264 858,156 858,150 $ 40,270 Airport Debt Services Fund 4642 57,610 340,176 340,168 $ 57,618 Airport Commercial Facility Debt Fund 4643 599,761 478,254 472,921 $ 605,094 Marina Debt Fund 4701 155,920 599,268 599,268 $ 155,920 Debt Service Funds $ 29,111,147 $ 121,889,645 $ 122,451,690 $ 28,549,103 " Beginning Fund Balance is reflective of unaudited figures. 19 ""Expenditures do include encumbrances. FY 2023 First Quarter Budget and Finance aw Report Fund Estimated Balance @ FY 2023 FY 2023 Ending Fund FUND 10/01/2022* Revenues Expenditures" Balance Hotel Occupancy Tax Fund 1030 $ 7,492,268 $ 17,558,931 $ 20,020,853 $ 5,030,346 Public,Education,and Government 1031 4,620,126 694,150 760,733 $ 4,553,543 State Hotel Occupancy Tax Fund 1032 14,135,668 4,098,581 13,651,436 $ 4,582,813 Municipal Court Security Fund 1035 207,919 143,177 233,470 $ 117,626 Municipal Court Technology Fund 1036 112,747 141,500 180,141 $ 74,106 Juvenile Case Manager Fund 1037 339,932 158,012 145,754 $ 352,190 Juvenile Case Manager Reserve Fund 1038 154,263 4,546 7,000 $ 151,809 Municipal Court Juvenile Jury Fund 1039 5,342 2,409 432 $ 7,319 Parking Improvement Fund 1040 711,451 85,646 - $ 797,097 Street Maintenance Fund 1041 27,002,027 37,944,500 58,335,711 $ 6,610,816 Residential Street Reconstruction Fund 1042 26,556,726 20,508,450 33,142,534 $ 13,922,642 Health Medicaid 1115 Waiver Fund 1046 1,186,134 - 700,000 $ 486,134 Dockless Vehicles Fund 1047 598,002 235,878 81,436 $ 752,444 MetroCom Fund 1048 1,385,676 8,334,173 9,146,249 $ 573,600 Health District 1115 Waiver 1049 619,091 1,567,620 1,005,741 $ 1,180,970 Reinvestment Zone No. 2 Fund 1111 8,066,293 3,884,967 - $ 11,951,260 Reinvestment Zone No. 3 Fund 1112 6,335,307 2,475,752 3,517,451 $ 5,293,608 Reinvestment Zone No.4 Fund 1114 231,368 390,695 97,075 $ 524,988 Reinvestment Zone No. 5 Fund 1115 (29,922) 3,500 - $ (26,422) Seawall Improvement Fund 1120 18,668,256 8,605,142 3,025,612 $ 24,247,786 Arena Facility Fund 1130 12,411,963 8,603,662 4,816,774 $ 16,198,851 Business and Job Development Fund 1140 1,918,635 12,627 1,448,410 $ 482,852 Type B Fund-Economic Development 1146 10,050,087 4,331,460 3,314,686 $ 11,066,861 Type B Fund-Housing 1147 1,717,706 506,620 527,484 $ 1,696,842 Type B Fund-Streets 1148 785,139 3,799,840 4,196,385 $ 388,594 Development Services Fund 4670 9,914,143 9,581,948 18,345,576 $ 1,150,515 Visitor Facilities Fund 4710 9,143,374 7,413,167 13,785,335 $ 2,771,206 Tourism Public Improvement Dis Fund 6040 175,716 3,500,000 3,500,000 $ 175,716 Local Emergency Planning Fund 6060 26,719 203,526 214,349 $ 15,896 Crime Control and Prevention Fund 9010 6,742,026 8,529,157 9,811,179 $ 5,460,004 Special Revenue Funds $ 171,284,184 $ 153,319,636 $ 204,011,806 $ 120,592,014 Total All-Funds $ 560,310,610 $ 1,034,871,443 $ 1,157,387,845 $ 437,794,208 " Beginning Fund Balance is reflective of unaudited figures. 20 ""Expenditures do include encumbrances. FY 2023 First • — d Budget • • • A6iiim• Balance Summary General Fund -The total fund balance is expected to be $77,908,651 and after carryforward appropriations is 22.9% of annual appropriations. Enterprise Funds– Per the Financial Policies of the City a reserve of at least 25% of annual appropriations in the Water, Wastewater, Gas, Storm Water, Airport, and Marina fund is required, anything over that amount shall be designated for specific purpose(s). All of the Enterprise Funds covered by this policy are in compliance. Fund balances in excess of 25%of annual appropriations in the utility funds (Water, Wastewater, Storm Water and Gas) are transferred for the purpose of cash funding projects in the Capital Improvement Program. Any excess above the 25% reserve in the Airport fund is typically used as a grant match for Federal Aviation Administration (FAA) projects. Internal Service Funds–These funds are required to maintain a fund balance of up to 5% of annual appropriations, exclusive of any one-time appropriations. The policy applies to the Contracts and Procurement, IT, Fleet Maintenance, Facility Maintenance and Engineering Funds. Fleet Maintenance and Facility Maintenance have fund balances in excess of policy requirements. These fund balances will be brought down in the FY 2024 budget. Debt Service Funds-All Debt service funds are in compliance with the reserve policy. Special Revenue Funds–Special Revenue Funds are, by definition, legally restricted to expenditures for specific purposes. All Special Revenue Funds except Reinvestment Zone#5 have positive, adequate fund balances. Reinvestment Zone#5 is expected to be in a positve financial condition in the next 2 to 3 years when development in the area begins. 21 FY 2023 First Quarter �■ Budget and Finance Reporm"o Economic Indicators City of Corpus Christi Annual Household Indicators 2022 2021 2020 Median Income (1) $ 80,900 $ 69,300 $ 66,500 2022 2021 2020 Housing Affordability Index (1) 1.18 1.4 1.49 The index is the ratio of median family income to the required income to qualify for a purchase mortgage loan (5% down/25%of income) at the current interest rate. A ratio of 1.00 means the median family income is exactly equal to the required income to purchase the median-priced home in the area. Workforce/Household Indicators December 2022 December 2021 December 2020 Unemployment Rate (3) 4.3% 5.4% 8.0% Not Seasonally Adjusted December 2022 December 2021 December 2020 Total Employment (3) 142,920 140,765 137,187 Not Seasonally Adjusted December 2022 December 2021 December 2020 Consumer Price Index (2) 258.6 245.5 230.4 Base Year 1982-1984= 100 Residential Real Estate Indicators 2022 2021 2020 Average Home Sales Price (1) $ 287,618 $ 275,601 $ 251,104 July-September July-September July-September Number of Home Sales (1) 883 1140 1166 July-September July-September July-September Home Sales (1) $ 254,099,191 $ 314,617,331 $ 291,418,084 Dollar volume July-September July-September July-September Economic Forecast • • 2022 2021 2020 Building Permit Activity (4) October-December October-December October-December New Residential *(Size/Cost) 353,103 Sq Ft 898,733 Sq Ft 1,049,826 Sq Ft New Residential (Permits) 147 363 409 *Effective 6.11.19,The City of Corpus Christi may not require the disclosure of information related to the value of or cost of constructing or improving a residential dwelling as a condition of obtaining a building permit. New Commercial (Project Cost) $ 85,458,817 $ 17,800,420 $ 40,742,972 New Commercial (Permits) 30 10 36 SOURCE: (1) Texas A&M University- Real Estate Center (2) US Bureau of Labor Statistics (3) Texas Workforce Commission (4) City of Corpus Christi 22 It 11 CAPITAL IMPROVEMENT PROJECTS 1st Quarter Period Ending December 31 , 2022 Capital Improvement Program Office of Management & Budget o�Qus C 4 J e5 so 0 w 0 v �NCORPORAIt 1852 24 Highlighted Projects for 1st Quarter of FY 2022 - 2023 Y _Y w fi >� >, 1i`�-11_1-' = i L � i II � b ---a WIN moll L_ 17J Projects Under Construction: 0 COUNCIL BOND/ Construction PROJECT DISTRICT BUDGET Funding Source End Police Training Academy Dist.5 $24,867,536 CO's and General June 2024 Fund This facility will replace the outdated training facility acquired in 1981 and will be located at the Del Mar College-South Campus.The turn-key complex will include space for applied instruction, physical training,and all the necessary supporting utilities including water,wastewater,and electrical infrastructure. CCIA Rehabilitate Terminal Building Dist.3 $17,941,350 FAA Grant and June 2024 Operating Capital The project scope includes renovations to 1st and 2nd floor public restrooms in non-secured and secured areas of Terminal Building. Renovations of spaces to create a Service Animal Relief Area and Nursing Room in the secured concourse area. Re-covering of external roof sections, including comprehensive base flashing replacement,certification of lightning protection,added insulation and appurtenances,and clerestory stucco coating. Replacement of existing exterior curtain wet glazing and window perimeter seals. Replacement of building Energy Management System(EMS). Replacement of existing HVAC cooling towers. Replacement of fire alarm control panel that serves the entire Terminal Building.Improvement to electrical generator and switch gear that serves backup emergency power to west portion of Terminal Building.Construction of an outdoor patio area that is accessed from the terminal concourse area. Recovering the visible white waves and half- dome to extend useful life of the decorative roofing.Installation of five electric vehicle charging stations in each of the Covered and Short-Term parking lots. Projects In Design: 0 COUNCIL BOND/ Construction PROJECT DISTRICT BUDGET Funding Source Start Wesley Seale Dam Instrumentation Rehabilitation - $ 358,005 Water CapitalMarch 2024 Fund The project design includes upgrades to the instrumentation system to ensure safe operation.This project will modernize the instrumentation systems to ensure continued safe operation of the Wesley Seale Dam system. Solid Waste Facility Complex Dist.3 $ 328,050 Solid Waste CO September Fund 2024 The phase 1 of work includes conceptual design and permitting services to develop the unified Solid Waste Department campus 25 U50 �NCQRPORAIt� 1852 26 Bond Program Summary BOND PROGRAM PROGRESS Expensed&Encumbered Unencumbered 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% Bond'12 Bond'14 Bond'18 Bond'20 Total Expensed& Program To Date Encumbered Percentage Unencumbered Percentage Bond 2012 $90.1M $89.11VI 98.9% $11VI 1.1% The Bond 2012 Program included eight propositions:Proposition 1(Street Improvements-$55,000,000),Proposition 2(City Hall Improvements-$1,750,000-Not Approved), Proposition 3(Service Center Complex Improvements-$4,750,000),Proposition 4(Parks and Recreation Improvements-$16,000,000),Proposition 5(Museum and Library Improvements-$2,340,000),Proposition 6(Public Health Improvements-$820,000),Proposition 7(Public Safety Improvements-$700,000),and Proposition 8(Economic Development Projects-$8,400,000). Bond 2014 $103.9M $99.5M 95.8% $4.4M 4.2% The Bond 2014 Program included three propositions:Proposition 1(Streets Projects-$55,000,000),Proposition 2(Street Safety,Revitalization,and Capacity Improvement Projects- $44,495,000),and Proposition 3(Sale of City Park Land-proceeds would benefit future parks projects). Bond 2018 $97.4M $67M 68.8% $30.4M 31.2% The Bond 2018 Program included six propositions:Proposition A(Streets-$52,000,000),Proposition B(Additional Streets-$22,000,000),Proposition C(Parks&Recreation- $5,630,000),Proposition D(Libraries&Cultural Facilities Improvements-$3,878,000),Proposition E(Public Safety-$11,343,000),and Proposition F(Public Health-$1,149,000). Proposition A did not require an increase in the City's property tax rate.However,the other propositions each required an increase in property tax.Property taxes increased a total of about 2 cents. Bond 2020 $75.4M $21.7M 28.8% $53.7M 71.2% The Bond 2020 Program included three propositions:Proposition A(Streets-$61M),Proposition B(Parks-$12M),and Proposition C(Public Safety-$2M).This bond program did not require an increase in property tax rate. 27 U50 �NCQRPORAIt� 1852 28 2020 Bond Program PERFORMANCE MEASURES Project Status By Phase Completed Construction ■ Design ■ Pre-Design Status Summary Completed 0 4 Construction ® 18 Design 20 ' Pre-Design 0 GRAND TOTAL 42 52 % Construction Completed or In Construction Timeliness Summary 100% 0% On-Time Off Schedule 42 of 42 0 of 42 Projects Projects Overall Cash Flow Expenditures/ Encumbrances: Budgeted: $75,376,838 29 2020 Bond Program Status Summary By Phase Completed Construction ■ Design 0 Pre-Design Completed 4 Construction18 ss " Design 20 Pre-Design 0 GRAND TOTAL 42 ' •jects) Completed COUNCIL PROJECT DISTRICT COMPLETED Bill Witt City Park-Pool& Facilities 5 Prop B Design Only Police Training Academy(Design) 5 Prop C June 2022 Texas State Aquarium Rescue Center 1 Prop B City Donation Fire Station No.3 (Land Acq and Design) 2 Prop C Design Only TOTAL COMPLETED 4 (18 • -cts) Under Construction: COUNCIL BOND CONSTRUCTION PROJECT DISTRICT PROPOSITION END Academy Park 1 Prop B March 2023 Brandywine Park 5 Prop B March 2023 Brighton Park 5 Prop B March 2023 Brookhill Park 1 Prop B March 2023 Capt. Falcon Park 5 Prop B March 2023 Crossgate Park 5 Prop B March 2023 Cupier Park 2 Prop B March 2023 Douden Park 4 Prop B March 2023 Frontier(McKinzie to Rockwood) 1 Prop A March 2023 McNorton Park 1 Prop B March 2023 Retta Park 4 Prop B March 2023 Sam Houston Park 2 Prop B March 2023 Sherwood Park 2 Prop B March 2023 Strasbourg(Grenoble- Marseille) 5 Prop A May 2023 Temple Park 2 Prop B March 2023 Waldron (Spid to Purdue) 4 Prop A August 2023 Wildcat(FM624 to Teague) 1 Prop A August 2023 Windsor Park 4 Prop B March 2023 TOTAL UNDER CONSTRUCTION 18 30 1Projects) COUNCIL BOND CONSTRUCTION DISTRICT PROPOSITION START Airport(Morgan to Horne) 3 Prop A May 2023 Alameda (Texan Trail to Chamberlain) 2 Prop A May 2023 Beach Access Rd No 3 4 Prop A Design Only Brownlee (Staples to Morgan) 2 Prop A July 2023 Carroll Lane (Holly to Dead End) 3 Prop A April 2023 Comanche (Carancahua to Alameda) 1 Prop A March 2023 Encantada (Encantada to Nueces) 4 Prop A October 2023 Everhart(Alameda to Staples) 4 Prop A May 2023 Everhart(Staples to Mc Ardle) 2 Prop A May 2023 Flato (Bates to Bear) 3 Prop A June 2023 Hearn (Callicoatte to Dead End) 1 Prop A February 2023 Jackfish (Aquarius to Park Rd 22) 4 Prop A April 2023 Lipes (Sunwood-Staples) 5 Prop A May 2023 North Beach Restroom and Parking 1 Prop B March 2023 Park Rd 22 (Compass to Park Rd22) 4 Prop A October 2023 Park Rd 22 (South Access Rd) 4 Prop A April 2023 Rodd Field (Yorktown -Adler) 5 Prop A May 2023 Trinity River(FM624 to Wood River) 1 Prop A April 2023 West Guth Park 1 Prop B March 2023 Yorktown (Rodd Field to Oso Creek) 5 Prop A Design Only TOTAL IN DESIGN 20 1Projects) �,t COUNCIL BOND DESIGN DISTRICT PROPOSITION START TOTAL PREDESIGN 0 GRAND TOTAL 42 31 2018 Bond Program PERFORMANCE MEASURES Project Status By Phase Completed Construction ■ Design ■ Pre-Design Status Summary Completed Q 24 Construction ® 18 Design 9 ' Pre-Design 5 GRAND TOTAL 56 75 % Construction Complete or In Construction Timeliness Summary 95 % 5 % On-Time Off Schedule 53 of 56 3 of 56 Projects Projects Overall Cash Flow Expenditures/ Encumbrances: Budgeted: $97,380,329 32 2018 Bond Program Status Summary By Phase Completed Construction ■ Design ■ Pre-Design Completed 0 24 Construction 18 Design 9 I Pre-Design 5 GRAND TOTAL 56 L 16% (24 • -cts) Completed COUNCIL BOND PROJECT DISTRICT PROPOSITION COMPLETED 22 Completed Projects Museum of Science& History 1 Prop D December 2022 Callicoatte Rd (Up River Rd to IH 37) 1 Prop A December 2022 TOTAL COMPLETED 24 Projects)(18 • • • COUNCIL BOND CONSTRUCTION PROJECT DISTRICT PROPOSITION END Alternative Mobility Improvements Citywide Prop A On-going Brawner Pkwy(Kostoryz Rd to Carroll Ln) 2 Prop A April 2023 Developer Participation Citywide Prop B On-going Fire Stations All Citywide Prop E December 2023 Gollihar Rd (Crosstown Expwy to Greenwood) 3 Prop A October 2024 Junior Beck Dr(Bear Ln to Dead End) 3 Prop B April 2023 Leopard St(Palm Dr to Nueces Bay Blvd) 1 Prop A April 2023 Long Meadow Dr(St Andrews Dr to Hunt Dr) 5 Prop B July 2023 Police Headquarters 1 Prop E March 2023 Police Radio Communication System Citywide Prop E On-going S Staples St (Kostoryz Rd to Baldwin Blvd) 2 Prop A May 2023 Senior Centers Citywide Prop C On-going South Oso Parkway(S. Staples St to Oso Pkwy) 5 Prop B July 2023 Street Lighting Improvements Citywide Prop A On-going Swantner Dr(Texan Tr to Indiana Ave) 2 Prop A February 2023 Traffic Signal Improvements Citywide Prop A On-going TxDOT Participation/Traffic Congestion Mgmnt Citywide Prop A On-going Wooldridge Rd (Cascade Dr to Everhart Rd) 5 Prop A July 2023 TOTAL UNDER CONSTRUCTION 18 33 (9 Projects) In Design: 0 COUNCIL BOND CONSTRUCTION PROJECT DISTRICT PROPOSITION START Alameda St(Chamberlain St to Louisiana St) 2 Prop B May 2023 Calallen Dr(Red Bird Ln to Burning Tree Ln) 1 Prop A April 2023 Castenon St (Trojan Dr to Delgado St) 3 Prop B August 2023 Downtown Lighting Improvements 1 Prop B On-going Everhart Rd (S Padre Island Dr to McArdle Rd) 2 Prop B May 2023 Health Dept Building 3 Prop F TBD JFK Causeway Access Road Improvements 1 Prop B TBD McArdle Rd (Kostoryz Rd to Carroll Ln) 3 Prop B May 2023 N. Lexington Blvd (Leopard St to Hopkins Rd) 1 Prop B April 2023 TOTAL IN DESIGN 9 Projects) ' COUNCIL BOND DESIGN PROJECT DISTRICT PROPOSITION START Beach Ave (Dead End -Gulfbreeze) 1 Prop A April 2023 Greenwood Sports Complex 3 Prop C Canceled North Beach Gulfspray Ave Ped/Bike Access 1 Prop A TBD North Beach Primary Access 1 Prop A TBD Parks Participation Projects Citywide Prop C Canceled TOTAL IN PREDESIGN 5 GRAND TOTAL 56 34 2014 Bond Program PERFORMANCE MEASURES Project Status By Phase Completed Construction ■ Design 0 Pre-Design Status Summary Completed D 35 Construction ® 1 Design 1 Pre-Design 0 GRAND TOTAL 37 97 % 4 . , t , Construction Complete or In Construction Timeliness Summary 97 % 3 % On-Time Off Schedule 36 of 37 1 of 37 Projects Projects Overall Cash Flow Encumbrances/ Expenditures: Budgeted: 35 2014 Bond Program Completed Construction ■ Design Pre-Design Status Summary By Phase Completed 35 Construction 1 Design 1 Pre-Design 0 GRAND TOTAL 37 (35 • -cts) Completed COUNCIL BOND PROJECT DISTRICT PROPOSITION 35 Completed Projects TOTAL COMPLETED 35 • -ct) Under Construction: COUNCIL BOND CONSTRUCTION PROJECT DISTRICT PROPOSITION END North Padre Island Beach Facility 4 Prop 2 March 2023 TOTAL UNDER CONSTRUCTION 1 ' D- COUNCIL BOND CONSTRUCTION PROJECT DISTRICT PROPOSITION START Harbor Bridge Replacement&Support 1 Prop 2 TBD TOTAL IN DESIGN 1 1Projects) TOTAL PREDESIGN 0 GRAND TOTAL 37 36 2012 Bond Program PERFORMANCE MEASURES Project Status By Phase Completed Construction ■ Design 0 Pre-Design Status Summary Completed Q 57 Construction ® 2 Design 190 Pre-Design ® 0 GRAND TOTAL 59 hi 100% • Construction Complete or In Construction Timeliness Summary 97 % 3 % On-Time Off Schedule 57 of 59 2 of 59 Projects Projects Overall Cash Flow Expenditures/ Encumbrances: Budgeted: $90,120,707 37 2012 Bond Program Status Summary By Phase Completed Construction ■ Design ■ Pre-Design Completed 0 57 3%AOMU � Construction 2 \ Design 0 Pre-Design 0 GRAND TOTAL 59 (57 • -cts) Completed COUNCIL BOND PROJECT DISTRICT PROPOSITION 57 Completed Projects TOTAL COMPLETED 57 (2 Projects) Under Construction: COUNCIL BOND CONSTRUCTION PROJECT DISTRICT PROPOSITION END Developer Participation Citywide Prop 8 On-going Leopard St. (Palm Dr.to Crosstown) 1 Prop 1 March 2024 TOTAL UNDER CONSTRUCTION 2 1 • - D- COUNCIL BOND CONSTRUCTION PROJECT DISTRICT PROPOSITION START TOTAL IN DESIGN 0 1 • Pre-Design: COUNCIL BOND PROJECT DISTRICT PROPOSITION TOTAL PREDESIGN 0 GRAND TOTAL 59 38 Airport PERFORMANCE MEASURES Project Status By Phase Completed Construction ■ Design 0 Pre-Design Status Summary Completed or 0 Construction ® 2 ��III Design 0 • Pre-Design 4 GRAND TOTAL 6 33 % Construction Complete or In-Construction Overall Cash Flow EXPENDITURES/ $1,819,100 ENCUMBRANCES: BUDGETED: $20,235,449 39 Airport Completed ■ Pre-Design ■ Design Construction Status Summary By Phase ,- Completed 0 Construction 2 Design ® 0 Pre-Design 4 GRAND TOTAL 6 1 • -cts) Completed COUNCIL PROJECT DISTRICT TOTAL COMPLETED 0 • -cts) Under Construction: COUNCIL CONSTRUCTION PROJECT DISTRICT END Rehabilitate Terminal Bldg-SARA, Restrooms and Nursing Room,Outdoor Patio, Electrical, HVAC,Generator,and Energy 3 June 2024 Management Rehabilitate Runway 18-36 and Associated Taxiways 3 On-going TOTAL UNDER CONSTRUCTION 2 1Projects) In Design: COUNCIL CONSTRUCTION PROJECT DISTRICT START TOTAL IN DESIGN 0 ' • Pre-Design: 0 COUNCIL DESIGN PROJECT DISTRICT START Airport Master Plan 3 TBD ARFF Apron Expansion 3 TBD Car Rental Ready Return Parking Lot 3 TBD TSA Equipment Relocation Phase II 3 TBD TOTAL PREDESIGN 4 GRAND TOTAL 6 40 Parks & Recreation PERFORMANCE MEASURES Project Status By Phase Completed Construction ■ Design ■ Pre-Design Status Summary Completed © 6 Construction ® 8 Design 0 13 1 ' . Pre-Design 18 GRAND TOTAL 45 31 % • Construction Complete or In-Construction 1 � 4 s Overall Cash Flow EXPENDITURES/ $10,256,321 ENCUMBRANCES: BUDGETED: $58,791,433 41 Parks & Recreation Status Summary By Phase Completed ■Pre-Design ■Design Construction Completed 6 Construction 8 Design 13 Pre-Design ® 18 GRAND TOTAL 45 • ' •jects) Completed COUNCIL PROJECT DISTRICT 5 Projects Previously Completed Bill Witt City Park-Pool&Facilities(Design) 5 TOTAL COMPLETED 6 •jects) Under Construction: COUNCIL CONSTRUCTION PROJECT DISTRICT END Packery Channel Restoration 4 August 2023 Salinas Park Connectivity 3 April 2023 Senior Centers Citywide On-going North Padre Island Beach Facility 4 March 2023 District 1 Parks Bond 2020-(McNorton, Brookhill,Academy) 1 March 2023 District 2 Parks Bond 2020-(Cupier,Sherwood,S. Houston,Temple) 2 March 2023 District 4 Parks Bond 2020-(Windsor, Retta, Douden) 4 March 2023 District 5 Parks Bond 2020-(Crossgate, Brighton, Brandywine,Capt. Falcon) 5 March 2023 TOTAL UNDER CONSTRUCTION 8 (13 Projects) In Design: COUNCIL CONSTRUCTION PROJECT DISTRICT START Cole Park Splash Pad 2 March 2023 District 3 Parks Bond 2020-(Salinas Park) 1 May 2023 Gabe Lozano Golf Course 3 TBD Harbor Bridge Mitigation&Support Projects 1 TBD Lakeview Park-Erosion Control 4 TBD North Beach Restroom and Parking 1 May 2023 Packery Channel Dredging&Beach Nourishment 4 TBD Parking Lot Resurfacing-L Head 2 TBD Peoples Boardwalk 1 June 2023 Replace Piers ABCDL and Dredging 1 TBD Seawall Miradors Lighting Improvements 2 TBD West Guth Dog Park 1 TBD West Guth Park 1 March 2023 TOTAL IN DESIGN 13 42 • (18 Projects) In Pre-Design: COUNCIL DESIGN PROJECT DISTRICT START Ben Garza Gym Improvements 1 TBD Boat HaulOut/Office/Retail Facility 1 February 2023 Central Kitchen Generator TBD City Wide Park Upgrades-FY 2022 Citywide TBD City Wide Park Upgrades-FY 2023 Citywide TBD Community Enrichment Park Improvements Citywide TBD Cole Park Plaza Shade Structure 2 TBD Coopers Boat Facility 1 February 2023 Dredging Peoples T-Head 2 TBD Flour Bluff Dog Park 4 TBD Parks Operations Building TBD TBD Parks Tourist District Facility and Warehouse TBD TBD Replace LST Finger Piers 2 TBD Sherrill Park Military Monument 2 TBD Sherwood Dog Park 2 TBD South Bay Park 4 TBD Swantner Park Lights 2 TBD Zahn Rd Restroom Facility at Gulf Beach 4 TBD TOTAL PREDESIGN 18 GRAND TOTAL 45 43 Public Facilities PERFORMANCE MEASURES Project Status By Phase Completed Construction ■ Design ■ Pre-Design Status Summary Completed Q 3 Construction ® 3 Design 6 Pre-Design 19 GRAND TOTAL 31 R � 20 % Construction Complete or In-Construction IN, w �v p _.Z Overall Cash Flow Expenditures/ Encumbrances: Budgeted: 44 Public Facilities Status Summary By Phase Completed Construction ■ Design Pre-Design Completed Q 3 1 ' Construction 3NOW 1 Design 11196 Pre-Design 19 • • • • GRAND TOTAL 31 Projects) COUNCIL PROJECT DISTRICT 3 Completed Projects TOTAL COMPLETED 3 Projects) • - • • COUNCIL CONSTRUCTION PROJECT DISTRICT END ABC- City Terrace and Suite Enhancements 1 TBD ABC- Facility Improvements 1 TBD Library Improvements Citywide October 2023 TOTAL UNDER CONSTRUCTION Projects) - 0 COUNCIL CONSTRUCTION PROJECT DISTRICT START City Hall Council Chambers Renovations (Phase 1/Phase 2) 1 April 2023 City Hall Envelope Improvements 1 May 2023 City Hall Fencing and Gates 1 May 2023 City Hall Roof 1 May 2023 Development Services Remodel and Parking 1 October 2023 Public Health Department Building Improvements 3 TBD TOTAL IN DESIGN 45 (19 Projects) In Pre-Design: COUNCIL DESIGN PROJECT DISTRICT START City Hall Carpet Replacement 1 TBD City Hall Emergency Power System 1 TBD City Hall HVAC Rehabilitation 1 TBD City Hall Lighting Improvements 1 TBD City Hall Parking Lot 1 TBD City Hall Replacement of Store Fronts 1 TBD City Hall Restroom Renovations 1 TBD City Hall Skylight 1 TBD Facility Administrative Offices 3 TBD Facility Improvements Various 3 TBD FDHQ-DSD-Exterior Enclosure 1 TBD FDHQ-DSD- Foundation Repair 1 TBD FDHQ-DSD- HVAC and Electrical Improvements 1 TBD FDHQ-DSD-Lighting Improvements 1 TBD Fleet & Facilities Parking Lot 3 TBD Fleet Administrative & Parts Facility 3 TBD Fleet Vehicle Wash Facility 3 TBD Heavy Equipment Repair and Oil-Lube Facility 3 TBD La Retama Emergency Generator 1 TBD TOTAL PREDESIGN 19 GRAND TOTAL 31 46 Public Health & Safety PERFORMANCE MEASURES Project Status By Phase Completed R Construction ■ Design ■ Pre-Design Status Summary Completed 0 5 Construction ® 8 Design 5 FF 33 ' Pre-Design 11199 GRAND TOTAL 27 48oy Construction Complete or In-Construction v �}W w !' City of C _� y orpus ChLisfi Overall Cash Flow EXPENDITURES/ $2632 ENCUMBRANCES: ' BUDGETED: $79,250,505 47 Public Health & Safety Status Summary By Phase Completed ■ Pre-Design ■Design Construction Completed 5 Construction 8 Design 5 Pre-Design 9 GRAND TOTAL 27 •jects) Completed COUNCIL PROJECT DISTRICT 2 Prior Completed Projects Cefe F Valenzuela Landfill Road Improvements Phase I Nueces Fire Station No.3 (Land Acq and Design) 1 Police Training Academy(Design) 5 TOTAL COMPLETED 5 • -cts) Under Construction: COUNCIL CONSTRUCTION PROJECT DISTRICT END Art Center Repairs& Improvements 1 April 2023 C.Valenzuela Landfill Sector 2A Cell Development Nueces March 2024 Fire Headquarters& EOC 1 On-going Fire Stations All Citywide On-going Police Headquarters 1 On-going Police Radio Communication System Citywide On-going Police Training Academy(Construction) 5 June 2024 Salt Flats Levee Improvements 1 April 2023 TOTAL UNDER CONSTRUCTION 8 Projects) In Design: COUNCIL CONSTRUCTION PROJECT DISTRICT START C.Valenzuela Landfill Road Improvements Phase 11 Nueces TBD C.Valenzuela Gas Collection System 3C Nueces March 2023 Solid Waste Compost Facility Nueces TBD Solid Waste Facility Complex 3 September 2024 Water Garden 1 March 2023 TOTAL IN DESIGN 5 48 (9 Projects) In D_ COUNCIL DESIGN PROJECT DISTRICT START _ C.F. Valenzuela Backup Generators Nueces TBD C.F.Valenzuela Landfill Expansion Nueces TBD Erosion Control Lifecycle Improvements Nueces TBD Floodwall Upgrades at Science Museum 1 TBD Harbor Point East Connectivity 1 TBD J.0 Elliot Landfill Road Improvements 3 TBD McGee Beach Breakwater Renovations-Ph 2 2 TBD Seawall Capital Repairs 2 TBD Solid Waste Drainage Lifecycle Improvements Nueces TBD TOTAL PREDESIGN 9 GRAND TOTAL 27 49 Streets PERFORMANCE MEASURES Project Status By Phase Completed Construction ■ Design Pre-Design Status Summary 11 Completed ® 1 • ' Construction ® 24 Design 28 • • Pre-Design 11 GRAND TOTAL 64 39 % Construction Complete or In-Construction ......��„e y Overall Cash Flow EXPENDITURES/ $32,256,956 ENCUMBRANCES: "or BUDGETED: 5171,504,560 50 Streets Status Summary By Phase Completed Pre-Design ■ Design Construction Completed 1 Construction "" 24 Design 28 Pre-Design # 11 GRAND TOTAL 64 �� • -ct) Completed COUNCIL PROJECT DISTRICT Callicoatte Rd (Up River Rd to IH 37) 1 TOTAL COMPLETED 1 (24 ' •jects) Under Construction: COUNCIL CONSTRUCTION PROJECT DISTRICT END ADA Improvements Citywide On-going Alternative Mobility Improvements Citywide On-going Brawner Pkwy(Kostoryz Rd to Carroll Ln) 3 April 2023 Developer Participation Projects Citywide On-going Frontier(McKinzie to Rockwood) 1 January 2024 Gollihar Rd (Crosstown Expwy to Greenwood) 3 October 2024 Junior Beck Dr(Bear Ln to Dead End) 3 April 2023 Junior Beck Dr(DE to Old Brownsville Rd) 3 April 2023 Leopard St (Crosstown Expressway to Palm Dr) 1 March 2024 Leopard St(Palm Dr to Nueces Bay Blvd) 1 April 2023 Long Meadow Dr(St Andrew Dr to Hunt Dr) 5 July 2023 Park Road 22 Bridge 4 May 2023 Residential Street Reconstruction Program Citywide On-going S. Staples St(Kostoryz Rd to Baldwin Blvd) 2 May 2023 South Oso Parkway(S. Staples St to S. Oso Pkwy) 4 July 2023 Strasbourg(Grenoble- Marseille) 5 May 2023 Street Lighting Improvements Citywide On-going Street Preventative Maintenance Program Citywide On-going Swantner Dr(Texan Tr to Indiana Ave) 2 February 2023 Traffic Signal & Infrastructure Installation Citywide On-going TxDOT Participation/Traffic Mgmt Citywide On-going Waldron (Spid to Purdue) 4 August 2023 Wildcat(FM624 to Teague) 1 August 2023 Wooldridge Rd (Everhart Rd to Cascade Dr) 5 July 2023 TOTAL UNDER CONSTRUCTION 24 51 (28 Projects) In Design: COUNCIL CONSTRUCTION PROJECT DISTRICT START Airport (Morgan to Horne) 3 May 2023 Alameda Street (Louisiana St.to Chamberlain St) 2 May 2023 Alameda (Texan Trail to Chamberlain St) 2 May 2023 Beach Access Rd No 3 4 Design Only Brownlee (Staples to Morgan) 2 July 2023 Calallen Dr(Red Bird Ln to Burning Tree Ln) 1 April 2023 Carroll (Holly to Dead End) 3 April 2023 Castenon St (Trojan Dr to Delgado St) 4 August 2023 Comanche (Carancahua to Alameda) 1 March 2023 Downtown Lighting Improvements 1 On-going Elizabeth St-(Santa Fe to Staples) 2 June 2023 Encantada (Encantada to Nueces) 4 October 2023 Everhart(Alameda to Staples) 4 May 2023 Everhart(Staples to McArdle) 2 May 2023 Everhart Road (SPID to McArdle Rd) 2 May 2023 Flato (Bates to Bear) 3 June 2023 Hearn (Callicoatte to Dead End) 1 February 2023 Industrial Park Roadway Improvements 5 June 2023 Jackfish (Aquarius to Park Rd 22) 4 April 2023 JFK Causeway Access Road Improvements 1 TBD Lipes (Sunwood-Staples) 5 May 2023 McArdle Road (Carroll Ln to Kostoryz Rd) 3 May 2023 N. Lexington Blvd (Leopard St to Hopkins Rd) 1 April 2023 Park Rd 22 (Compass to Park Rd22) 4 October 2023 Park Rd 22 (South Access Rd) 4 April 2023 Rodd Field (Yorktown -Adler) 5 May 2023 Trinity River(FM624 to Wood River) 1 April 2023 Yorktown (Rodd Field to Oso Creek) 5 Design Only TOTAL IN DESIGN 28 (11 Projects) In Pre-Design: COUNCIL DESIGN PROJECT DISTRICT START Beach Ave (DE-Gulfbreeze to Causeway Blvd) 1 April 2023 Leopard Street Study 1 May 2023 Ocean Dr Median Improvements 2 February 2023 Ocean Dr Sustainability Program 2 TBD North Beach Area Primary Access 1 On-Hold North Beach Gulfspray Ave Ped/Bike Access 1 On-Hold Residential Street Rebuild Program FY2024 Citywide April 2023 Residential Street Rebuild Program FY2025 Citywide April 2023 Street Median Upgrades/Rehabilitation Citywide April 2023 Street Preventative Maintenance Program FY2024 Citywide April 2023 Street Preventative Maintenance Program FY2025 Citywide April 2023 TOTAL PREDESIGN 11 GRAND TOTAL 64 52 Gas Department PERFORMANCE MEASURES Status By Phase Completed Construction ■ Design 0 Pre-Design Status Summary Completed 0 Construction 3 Design 19 2 Pre-Design s 1 • GRAND TOTAL 6 50 % Construction Complete or In- Construction M a a n an r Overall Cash Flow Expenditures/ $1,563,258 Encumbrances: Budgeted: 53 Gas Department Status Summary By Phase Completed Construction ■ Design ■ Pre-Design Completed 0 ��}} t7I Construction rr �b 3 uttrao� ME Design 2 Pre-Design 1 GRAND TOTAL 6 1 • Completed: COUNCIL PROJECT DISTRICT 0 Completed Projects TOTAL COMPLETED 0 Projects) . Construction: Ad 14 COUNCIL CONSTRUCTION PROJECT DISTRICT END Cathodic Protection Upgrades Citywide On-going Gas Lines/Regulator Stations Replacement/Extension Program Citywide On-going Gas Transmission Main-New Citywide On-going TOTAL UNDER CONSTRUCTION 3 (2 Projects) In Design: 9 COUNCIL CONSTRUCTION PROJECT DISTRICT START Gas Department Building&Parking Upgrades 3 May 2023 Ship Channel Gas Line Relocation 1 March 2023 TOTAL IN DESIGN 2 Project) COUNCIL DESIGN PROJECT DISTRICT START Gas Storage-Feasibility Study TBD TBD TOTAL PREDESIGN 1 GRAND TOTAL 6 54 Storm Water Department PERFORMANCE MEASURES Project Status By Phase Completed Construction ■ Design ■ Pre-Design Status Summary Completed Q 0 Construction ® 5 Design 2 Pre-Design ® 6 GRAND TOTAL 13 39 % Construction Complete and In-Construction �— T19 a V�'' 'm ,.•fi17 r w d9 Overall Cash Flow Expenditures/ Encumbrances: Budgeted: 55 Storm Water Department Status Summary By Phase Completed Construction ■ Design 0 Pre-Design Completed 0 Construction 5 Nwor Design 2 Pre-Design 6 GRAND TOTAL 13 1 • - Completed: COUNCIL PROJECT DISTRICT 0 Completed Projects TOTAL COMPLETED 0 • -cts) Under Construction: COUNCIL CONSTRUCTION PROJECT DISTRICT END Bay Water Quality Improvement Citywide November 2023 Bridge Rehabilitation Citywide On-going Channel Ditch Improvements Citywide On-going Citywide Storm Water Infrastructure Rehabilitation Citywide On-going Lifecycle Curb and Gutter Replacement Citywide On-going TOTAL UNDER CONSTRUCTION 5 Projects) @ COUNCIL CONSTRUCTION PROJECT DISTRICT START La Voila Creek Drainage Improvements Package A/B 3 TBD Major Outfall Assessments & Repairs Citywide TBD TOTAL IN DESIGN 2 56 . - COUNCIL DESIGN PROJECT DISTRICT START North Beach Drainage Improvements 1 TBD Oso Creek Bottom Rectification 5 TBD Storm Water Crew Quarters Building 3 TBD Storm Water Pipe Inspection Citywide On-hold TxDOT-Ocean Drive Bridge Replacement 2 TBD TxDOT-Yorktown Blvd Bridge Replacement 4 TBD TOTAL PREDESIGN 6 GRAND TOTAL 13 57 Wastewater Department PERFORMANCE MEASURES Project Status By Phase Completed Construction ■ Design 0 Pre-Design Status Summary Completed 2 Construction 9 Design 19 8 Pre-Design 9 15 GRAND TOTAL 34 32 % Construction Complete and In-Construction ,. Overall Cash Flow Expenditures / Encumbrances: Budgeted: 58 Wastewater Status Summary By Phase Completed Construction ■ Design 0 Pre-Design Completed Q 2 Construction 9 Design ® 8 e e ' Pre-Design 15 GRAND TOTAL • -cts) Completed PROJECT COUNCIL DISTRICT Park Road 22 Lift Station 4 Whitecap WWTP Fence Replacement 4 TOTAL COMPLETED 2 • • -cts) Under Construction: COUNCIL CONSTRUCTION PROJECT DISTRICT END Allison WWTP Lift Station Upgrade& Process Improvements 1 March 2023 Citywide Collection Capacity Remediation Citywide On-going Citywide Lift Station Repair Citywide On-going Citywide Wastewater IDICZ Citywide Ongoing Greenwood WWTP Electrical Improvements-UV 3 March 2023 Laguna Madre WWTP Rehabilitation 4 March 2023 McBride Force Main and Lift Station 2 April 2023 Old Broadway WWTP Decommission 1 October 2023 Whitecap WWTP Improvements 4 January 2024 TOTAL UNDER CONSTRUCTION 9 Projects) Design: COUNCIL CONSTRUCTION PROJECT DISTRICT START Airline LiftStation Upgrades 5 August 2023 Broadway WWTP Plant Rehabilitation 1 May 2023 Broadway WWTP Third Clarifier 1 January 2024 Greenwood WWTP Process Upgrades(DAF and Odor Control) 3 June 2023 London WW Collection Systems Improvements 3/Nueces TBD Oso WRP Aeration Coarse Bubble Process 4 August 2023 Oso WRP Process Upgrade and BPC Fac. Decom. 4 May 2023 Williams Lift Station Force Main (Line A) 4,5 April 2023 TOTAL IN DESIGN 8 59 (15 Projects) in Pre-Design: 0 COUNCIL DESIGN PROJECT DISTRICT START Allison Basin New Lift Station&Force Main 1 TBD Blutcher Park Wastewater Improvements 1 TBD Greenwood WWTP Flood Mitigation 3 TBD Hewitt Place/Santa Fe Street WW Line Upsizing 2 TBD OSO ERP Operations Center 4 TBD Twin 36" Wastewater Line Rehabilitation 4 TBD Upriver Road WW Force Main/Ground Water Improvements 1 TBD Waldron Lift Station Force Main Replacement 4 TBD Wastewater Treatment& L.S. SCADA Improvements Citywide TBD Wastewater Back Generators Citywide TBD Wastewater Maintenance Shop Citywide TBD Wastewater Treatment Plants Office Facilities Citywide TBD Water Street WW Line Improvements 2 TBD Williams Lift Station Upgrades 4,5 TBD Woolridge and Morgan Lift Station Upgrades 4,5 TBD TOTAL PREDESIGN 15 GRAND TOTAL 34 60 Water Department PERFORMANCE MEASURES Project Status By Phase Completed Construction ■ Design ■ Pre-Design 2% Status Summary Completed © 1 Construction ® 11 Design '� 18 Pre-Design ® 19 GRAND TOTAL 49 24% Construction Complete or In-Construction r Overall Cash Flow Expenditures/ Encumbrances: 7 Budgeted: 61 Water Department Status Summary By Phase Completed Construction ■ Design 0 Pre-Design Completed 1 2% Construction 11 � M Design 18 Pre-Design 19 GRAND TOTAL 49 • -ct) Completed COUNCIL PROJECT DISTRICT Holly and Rand Morgan Elevated Storage Tanks Implementation 1,5 TOTAL COMPLETED 1 Projects)(11 • Construction: 0 COUNCIL CONSTRUCTION PROJECT DISTRICT END Choke Canyon Dam Infrastructure Improvements N/A March 2023 Citywide Water Line Repair/Replace-Large Diameter Citywide April 2023 Citywide Water Line Repair/Replace-Small Diameter Citywide February 2023 Elevated Water Storage Tanks-Citywide 4 May 2024 Nueces River Raw Water Pump Station 1 January 2023 ONSWTP Cunningham WTP Demolition 1 March 2023 ONSWTP Filter Building Rehabilitation Ph2 1 March 2023 ONSWTP Filtration Sys Hydraulic Improvements 1 November 2025 ONSWTP Sedimentation Basin Improvements Part A& B 1 TBD Packery Channel Water Line Improvement 4 April 2023 Port Avenue Water Line Replacement 2 March 2023 TOTAL UNDER CONSTRUCTION 11 (18 Projects) In Design: .` COUNCIL CONSTRUCTION PROJECT DISTRICT START Citywide Large Size Waterline Assessment& Repair Citywide March 2023 Leopard St/Up River Road Water Line 1 November 2023 Mary Rhodes I Condition Assessment N/A February 2023 Mary Rhodes I System Improvements N/A February 2023 Mary Rhodes II System Improvements (Bank Erosion) N/A May 2023 Nueces Bay Blvd/Poth Lane Waterline 1 September 2023 Nueces River Raw Water Pump St.Transmission Main 1 January 2023 ONSWTP Chlorine System Improvements 1 June 2023 ONSWTP Clearwell No. 3 1 TBD 62 (18 Projects) In Design: .` COUNCIL CONSTRUCTION PROJECT DISTRICT START ONSWTP Electrical Distribution Improvements Citywide On-going ONSWTP Navigation Pump Station Improvements 1 TBD ONSWTP Raw Water Influent&Chemical Fac. Imps 1 TBD SH286 Water Line Replacement N/A November 2023 Ship Channel Water Line Relocation 1 May 2023 South Side Water Transmission Main 4,5 September 2023 Water System Process Control Reliability Imp. 1 On-going Wesley Seale Dam Dewatering System&Spillway Gates Rehabilitation Nueces January 2024 Wesley Seale Dam Instrumentation Rehabilitation Nueces March 2024 TOTAL IN DESIGN 18 (19 • Pre-Design: •® COUNCIL DESIGN PROJECT DISTRICT START 16"Water Main Extension-Hwy 286 to Alameda 1 TBD Corpus Christi Water Parking Lot Improvements 3 TBD Corpus Christi Utility Building/Warehouse 3 TBD Flour Bluff 18" Line Extension 4 TBD ONSWTP Baffle Wall Improvements 1 TBD ONSWTP Eletricial Substation 1 TBD ONSWTP Flocculation Upgrades& Baffling in Basins 1&2 1 TBD ONSWTP Recycle Pond Improvements 1 TBD ONSWTP Security Upgrade 1 TBD ONSWTP Site Infrastructure Improvements 1 TBD ONSWTP Weir Improvements- Basins 3&4 1 TBD Sandollar Connection Line 16" (Coral Vine) 4 TBD Sanddollar Pump Station Improvements 4 TBD Seawater Desalination 1 TBD Southside Transmission Grid Completion Nueces TBD Warehouse Facility from Ground Storage Tank 3 TBD Waterline Extension to Padre Island 4 TBD Waterstreet Waterline Improvements 2 TBD Weasley Seale Boat Ramp and Pier-(Sunrise Beach) Nueces TBD TOTAL PREDESIGN 19 GRAND TOTAL 49 63 U50 �NCQRPORAIt� 1852 64 ANIMAL CARE ADVISORY COMMITTEE Five(5)vacancies with terms to 5-31-2023,5-31-2024 and 5-31-2025,representing the following preferred but not required categories:3-Community At-large,1- Veterinarian and 1-Animal Welfare/Shelter. Duties The Animal Care Advisory Committee advises the City Council and City Manager on all aspects of animal control including fees,staffing,ordinances,procedures and policies and facilities.The jurisdiction and actions of the Committee shall be advisory only. Composition It shall consist of seven(7)members.Terms will be for three-years.Membership in one or more of the following categories is preferred but not required:veterinarian, local animal welfare organizations(preferably at least one of the organizations must operate an animal shelter).The remaining members shall represent the community at-large.All members shall serve until their successors are appointed and qualified and each shall be a resident of the City.The City Manager or his representative and the Animal Care Services Manager shall serve as ex-officio members of the Committee without vote.The Committee,by majority vote,shall elect its own Chairman who shall preside at all meetings of the Committee and a Vice-Chairman who shall act as president in the absence of the Chairman.The Animal Care Services Manager or his designated representative shall serve as the secretary of the Committee.The Animal Care Advisory Committee is designated as the Animal Shelter Committee required by the Health and Safety Code. Creation/Authority Meet Member size Term Length/Limit Liaison Section 2-115,Code of Ordinances. Ord.No. 3rd Wed.monthly,12:30 p.m., 7 3 years/6 years Joel Skidmore 14214-2/22/78;17573-4/20/83;17748- Animal Care Facility Conference 7/27/83;20294-5/3/88;024461-5/22/01; Room,2626 Holly Rd. 030405-1/20/15;Ord.032058-3-17-2020 Appointing Name District Term Appt.date End date Authority Position Status Category Attendance Seeking Jarvis J.Amaya District 2 2 7/16/2019 5/31/2025 City Council Chair reinstatement Community At-Large 4/9 meetings-44% Seeking Michele King District 2 Partial 6/14/2022 5/31/2023 City Council reinstatement Community At-Large 2/9 meetings-22% Deborah Shores District 5 2 5/14/2019 5/31/2025 City Council Resigned Veterinarian Kelsey S.Chopelas District 4 1 6/8/2021 5/31/2024 City Council Resigned Community At-Large Exceeded number of Animal Curtis Speed III District 3 Partial 4/12/2022 5/31/2023 City Council absences allowed Welfare/Shelter Tambi Parker District 2 Partial 4/12/2022 5/31/2024 City Council Active Animal Welfare Ronald S.Smith District 2 1 4/12/2022 5/31/2025 City Council Active Community At-Large 2-28-2023 Animal Care Advisory Committee Applicants Name District Status Category Jarvis J Amaya District 2 Seeking reinstatement Community At-Large April Austin District 4 Applied Community At-Large Diana L. Cardenas District 1 Applied Local Animal Welfare Organization Nancy B. Chasteen District 4 Applied Community At-Large Amy Cooley District 1 Applied Local Animal Welfare Organization Lisa Devaney District 2 Applied Local Animal Welfare Organization Roland Dominguez District 2 Applied Community At-Large Robert L. Garza II District 5 Applied Community At-Large Shane A. Gleason District 4 Applied Local Animal Welfare Organization Jaqueline Gutierrez District 5 Applied Community At-Large Michele King District 2 Seeking reinstatement Veterinarian Karlene K. Lewis District 3 Applied Community At-Large Jackie McCollough District 4 Applied ILocal Animal Welfare Organization Christie G. McConnell District 4 Applied ILocal Animal Welfare Organization Monica A. Montalvo District 5 Applied lCommunity At-Large CITY OF CORPUS CHRISTI Submit Date: Mar 03, 2022 Application for a City Board, Commission, Committee or Corporation Profile Jarvis J Amaya First Name Middle Initial Last Name Email Address 4413 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? r Yes r No If yes, how many years? 41 Mobile: (361) 658-5024 Home: (361) 853-4377 Primary Phone Alternate Phone Self Employeed _ _ Business Owner - Employer Job Title Work Address- Street Address and Suite Number 4413 Mt. Vernon Dr Work Address - City Corpus Christi Work Address - State Texas Work Address- Zip Code 78411 lnrxiic 1 Am!axin Work E-mail address jarvis.amaya@gmail.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ANIMAL CARE 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) BA in Advertising, have been active in animal rescue for over 5 years, current volunteer at ACS If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Animal Care Services Why are you interested in serving on a City board, commission or committee? Because I want to help improve animal welfare in Corpus Christi. Are you an ex-Officio member of a City Board, commission or committee? r Yes No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r• Yes r No Demographics Inmic 1 Amwn Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes r: No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r• No Does your employer or your spouse's employer have a City contract? 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 t: No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to ANIMAL CARE ADVISORY COMMITTEE The Animal Care Advisory Committee preferred representatives from certain categories. Do you qualify for any of the following categories? W None of the above Inn/ic 1 Omn%in Verification City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. V I Agree City Code Requirement- Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. V I Agree lnriiic 1 Amavn 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 lnrwic l Amnxin CITY OF CORPUS CHRISTI Submit Date:Jan 30, 2023 Application for a City Board, Commission, Committee or Corporation Profile April Austin First Name Last Name Email Address 3030 Santa Fe St #3 Street Address - --------- -- - - -- Suite or Apt Corpus Christi TX 78404 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: (979)218-9167 Business: (361)434-8879 Primary Phone Alternate Phone Humana, __- _ - Sales-Agent Employer Job Title Work Address-Street Address and Suite Number 4117 S. Staples St. Suite 260 Work Address-City Corpus Christi Work Address - State Texas Work Address-Zip Code 78411 Anril Aiictin Which Boards would you like to apply for? ANIMAL CARE 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) Texas A&M University, 2006 Why are you interested in serving on a City board, commission or committee? Help to make positive change for the animals of the city. Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Anril Aiictin 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 Board-specific questions (if applicable) Question applies to ANIMAL CARE ADVISORY COMMITTEE The Animal Care Advisory Committee preferred representatives from certain categories. Do you qualify for any of the following categories? W None of the above Anril Aiictin Verification City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement- Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree A nril 0 i actin Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 1 hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. Pr 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 Onril Ai ictin CITY OF CORPUS CHRISTI Submit Date: May 20, 2022 Application for a City Board, Commission, Committee or Corporation Profile Diana L Cardenas Ph.D. First Name Middle Initial Last Name Suffix Email Address 10701 Rockwood Street Address Corpus Christi TX 78410 City State Postal Code What district do you live in? V District 1 Current resident of the city? r Yes r No If yes, how many years? 65 years Mobile: (361) 815-2878 Home: (936) 661-0525 Primary Phone Alternate Phone Texas A&M University-Corpus Christi (retired) _- Professor of English Employer Job Title Work Address - Street Address and Suite Number 6300 Ocean Drive Work Address- City Corpus Christi Work Address - State TX Work Address - Zip Code 78412 ni7nn i ('nrrJonnc Dh n Work Phone (361) 825-1596 Work E-mail address Diana.cardenas@tamucc.edu Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ANIMAL CARE 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) iCat TAMUCC:TNR/adoption program American Association of University Women (AAUW). YWCA YWTeens If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Animal Care Advisory Committee Why are you interested in serving on a City board, commission or committee? With 20 years of TNR program at TAMUCC, its recent university-sanctioned iCat program, and efforts to identify forever homes for kittens and elderly cats, I wish to contribute to our city's crucial efforts to improve the lives of animals. Are you an ex-Officio member of a City Board, commission or committee? r Yes r No rliann I ('nrr,nnnc Dh n No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r• Yes r No Demographics Gender W Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes 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) rlinnn I r^nrr1nnnc Dh n Question applies to ANIMAL CARE ADVISORY COMMITTEE The Animal Care Advisory Committee preferred representatives from certain categories. Do you qualify for any of the following categories? W Local Animal Welfare Organization 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. 1•J 1 Agree ninnn 1 r nriAnnnc Dh rl 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 ninnn I ('nrrlonnc Dh rl CITY OF CORPUS CHRISTI Submit Date: Mar 29, 2022 Application for a City Board, Commission, Committee or Corporation Profile Dr Nancy B Chasteen Prefix First Name Middle Initial last Name Email Address 5642 Lipes Blvd #4 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? 6 Mobile: (361) 945-5257 Home: (361) 945-5257 Primary Phone Alternate Phone Retired _-_ Physician -_- Employer Job Title Work Address-Street Address and Suite Number None Which Boards would you like to apply for? ANIMAL CARE ADVISORY COMMITTEE:Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No rlr Nnnry R ('hnctoon Education, Professional and/or Community Activity (Present) Animal rescue Why are you interested in serving on a City board, commission or committee? Community service and participation is necessary to improve the lives of the citizens Are you an ex-Officio member of a City Board, commission or committee? r Yes r No Demographics Gender W Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No 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 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 nr Kinrinxi R (`hnctoon If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to ANIMAL CARE ADVISORY COMMITTEE The Animal Care Advisory Committee preferred representatives from certain categories. Do you qualify for any of the following categories? W None of the above 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 nr r\lnnrxi R r'hnctoon 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. 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 rlr Nlnnf-w R r`hnctnnn CITY OF CORPUS CHRISTI Submit Date: Sep 09, 2022 Application for a City Board, Commission, Committee or Corporation Profile Amy Cooley First Name Last Name Email Address 4213 River Hill 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? 2 Mobile: (210) 309-4134 Mobile: (210) 309-4134 Primary Phone Alternate Phone Tribute Hospice and Palliative Care. - RN -- Employer Job Title Work Address - Street Address and Suite Number 4250 IH 69 Access Road Work Address- City Corpus Christi Work Address - State Texas Work Address - Zip Code 78410 Amv (`nnlov Work E-mail address Tributehospice039gmail.com Preferred Mailing Address V Home/Primary Address Which Boards would you like to apply for? ANIMAL CARE 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) BS Texas A&M RN LCC 51 Board Member Faith and Home Animal Rescue Member of the Junior League If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Animal Health Crime Why are you interested in serving on a City board, commission or committee? am interested in serving the community in which I live to assist in making a positive impact. 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 Amxi ('nnlov 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 Board-specific questions (if applicable) Question applies to ANIMAL CARE ADVISORY COMMITTEE The Animal Care Advisory Committee preferred representatives from certain categories. Do you qualify for any of the following categories? W Local Animal Welfare Organization Amxi r nnlov 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. P I Agree Amv (`nninxi 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 A my r nnl aw Amy Cooley 14146 Sage Trail San Antonio,TX. 78231 210-309-4134 cell alECTIVE To work autonomously as a field nurse for a hospice agency. SKILLS& Active Listening to patient's concerns ABILITIES Critical Thinking Excellent in monitoring and controlling exacerbations in disease processes Compassion and Sensitivity to individualized patient needs Outstanding Judgment and Decision-Making skills Exceptional ability to work autonomously Time Management in scheduling patient visits Instructing on the administration of medications HIS and OASIS experience EXPERIENCE ONE AT HOME HEALTH CARE SAN ANTONIO,TX 78204 CASE MANAGER March 2018 to Present Help ensure patient's patients skilled needs are address and preventing rehospitalization.Work as part of a team to provide care,monitor health conditions, administer medications,use medical equipment,advise patients and their families on current prognosis.Prepare care plans for nursing staff and home health aide tasks. Ability to recognize signs and symptom of exacerbations and able to apply appropriate interventions.Make changes to care plan to in order to provide individualized needs of patient and minimize discomfort of patient.Maintain patient's dignity throughout entire process.Manage LVN'S in health care responsibilities and provide guidance in proper procedures to follow when caring for patients.Instruction on proper techniques to utilize when providing patient care both verbally and visually.Give constructive criticism to those who need extra guidance and teaching. AMERICAN MEDICAL HOSPICE,SAN ANTONIO,TX 78228 CASE MANAGER February 2017 to February 2019 Help ensure patient's comfort and quality of life in their remaining days.Maintain continued communication with family in regards to the patient's care and teach interventions to keep patient as comfortable as possible thru entire dying process.Work as part of a team to provide care,monitor health conditions,administer medications,use medical equipment,advise patients and their families on current prognosis.Prepare care plans for nursing staff and home health aide tasks.Ability to recognize signs and symptom of exacerbations and able to apply appropriate interventions.Make changes to care plan to in order to provide individualized needs of patient and minimize discomfort of patient. Maintain patient's dignity throughout entire process.Manage LVN'S in health care responsibilities and provide guidance in proper procedures to follow when caring for patients.Instruction on proper techniques to utilize when providing patient care both verbally and visually.Give constructive criticism to those who need extra guidance and teaching.Assist DON with monitoring documentation to reflect compliance with regulatory standards as well as timeliness.Assist with reviewing H&P to substantiate whether a patient meets minimum qualifications for admission to hospice services. Organize and coordinate admissions,nursing,and patient care procedures. Manage reports,patient data,and medical records.Collaborate with upper management and convey necessary information.Complete admissions to process a patient for hospice services.Order equipment and necessary medications in timely manner. MERIDA HOME HEALTH AND HOSPICE SERVICES,SAN ANTONIO TX 78230 DON/CASE MANAGER November 2011 to February 2018 Enforce policies to ensure legal compliance and high-quality standards. Monitor documentation to reflect compliance with regulatory standards in timeliness and accuracy so issues,goals and interventions are precisely documented and reflect appropriate reporting. Interact with doctors,patients,family members,and staff on a daily basis to resolve issues and correct deficiencies if and when needed.Evaluate records submitted to substantiate whether a patient meets minimum qualifications for admission to hospice services. Directly manage,oversee,and evaluate all nursing personnel.Oversee staffing procedures in conducting interviews with applicants and prospective employees.Organize and coordinate admissions,nursing,and patient care procedures. Manage reports,patient data,and medical records.Collaborate with upper management and convey necessary information.Conduct in-services/training with employees to relay pertinent and amended policies and procedures to staff.Admit patients to services.Order equipment and necessary medications. EDUCATION TEXAS A&M,COLLEGE STATION,TX BACHELOR OF SCIENCE IN PSYCHOLOGY 1991-1995 NORTHLAND TECHNICAL COLLEGE,THIEF RIVER FALLS,MN Associates of Applied Science Nursing,2 degrees (one for LVN and one for RN) 1996-1998 C011t.titrMtcATION Excellent communication skills.Able to express same idea in different ways so a patient may be able to understand. Rj,FEIzc,NCES Available upon request CITY OF CORPUS CHRISTI Submit Date: May 03, 2022 Application for a City Board, Commission, Committee or Corporation Profile Lisa Devaney First Name Last Name Email Address 5418 Wooldridge Road Street Address Corpus Christi TX 78413 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? 6 Mobile: (361) 765-1700 Mobile: (713) 213-6228 Primary Phone Alternate Phone Retired NA Employer Job Title Work Address- Street Address and Suite Number NA Which Boards would you like to apply for? ANIMAL CARE ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? � Yes r No ien rloXinnoXi 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 in curriculum and instruction from Texas A&M University MBA from UTSA Board member at large for Miniature Schnauzer Rescue of Houston Why are you interested in serving on a City board, commission or committee? To try to help make a difference in the animal overpopulation problems in our city. Are you an ex-Officio member of a City Board, commission or committee? r Yes r No Demographics Gender 1•J 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 I icn r)oimnaw Do you or your spouse have a pending claim, lawsuit or proceeding against the City? c- Yes a 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 ANIMAL CARE ADVISORY COMMITTEE The Animal Care Advisory Committee preferred representatives from certain categories. Do you qualify for any of the following categories? W Local Animal Welfare Organization 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 I icn rlo%innov 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. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree icn rlo%innou CITY OF CORPUS CHRISTI Submit Date:Jan 20, 2023 Application for a City Board, Commission, Committee or Corporation Profile roland dominguez First Name Last Name Email Address 641 McClendon 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? 58 Mobile: (361) 443-9641 Home: (361) 855-4277 Primary Phone Alternate Phone Arnold Oil_Company _ Information Technology Manager Employer Job Title Work Address- Street Address and Suite Number 5422 Ayers Work Address- City Corpus Christi Work Address- State Texas Work Address -Zip Code 78415 rnlnnrl rinminrrr to-7 Work Phone 361-8846622 Work E-mail address r.dominguez@arnoldoilco.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ANIMAL CARE 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) Masters Computer Science Tamucc If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Animal Care Advisory Board Why are you interested in serving on a City board, commission or committee? Animal Welfare in Corpus Christi is a concern that we face daily , yet few choose to do anything. I would be able to help guide animal care in aspects of animal welfare that need attention. Are you an ex-Officio member of a City Board, commission or committee? r' Yes rNo Are you a current candidate in an election for a non-city public office? r' Yes rNo rn1nnr4 rinminni in-7 Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A NA 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 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. I'm not aware of the specifics but my employer does do business with the city for automotive supplies, Arnold Oil Company. Board-specific questions (if applicable) rninnd rJnminru io-7 Question applies to ANIMAL CARE ADVISORY COMMITTEE The Animal Care Advisory Committee preferred representatives from certain categories. Do you qualify for any of the following categories? W None of the above 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 rnionrl rJnminni io-7 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 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. R I Agree rninntl rinminni io- CITY OF CORPUS CHRISTI Submit Date: Dec 07, 2022 Application for a City Board, Commission, Committee or Corporation Profile Robert L Garza II First Name Middle Initial Last Name Suffix Email Address 5218 Inverness Dr Street Address Corpus Christi TX 78413 City State Postal Code What district do you live in? V District 5 Current resident of the city? r Yes r No If yes, how many years? 13 Home: (903) 441-1939 Mobile: (903) 441-1939 Primary Phone Alternate Phone N/A-- - - __ _ _ N/A Employer Job Title Work Address- Street Address and Suite Number N/A Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ANIMAL CARE ADVISORY COMMITTEE: Submitted Interests & Experiences Qnhort I (;nr-7!a 11 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. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Landmark Commission Parks and Recreation Advisory Committee Why are you interested in serving on a City board, commission or committee? have an interest in the city of Corpus Christi and making it a better place to live for its citizens, as well as an interest in maintaining the historical locations in it such as the Lexington and Texas State Aquarium. I also believe working for one of the city boards will open more opportunities for me in the future. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Rnhnrt I (_nr-7n 11 Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes (-. No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No 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 ANIMAL CARE ADVISORY COMMITTEE The Animal Care Advisory Committee preferred representatives from certain categories. Do you qualify for any of the following categories? W None of the above Rnhort I r_nr7n 11 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 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. W I Agree Cpnhort I r'_nr-7n 11 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. 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. P 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 Rnhort I (,nr-7n 11 Robert Lee Garza II w� IIIM / 9034411939 / Corpus Christi, Tx Education Del Mar College Corpus Christi, TX AA Criminal Justice, GPA: 3.6 Sep 2017 / May 2021 Skills Good with technology Proficient in most Microsoft Windows versions + their integrated software, some knowledge about hardware - built own PC Quick learner Can perform most tasks after having them explained the first time or instructions given, can learn how to use new software very quickly with minimal instruction, good at following instructions to the letter when told to Awards & Certifications Adobe Certified Associate April 2013 Adobe Achieved passing score on Adobe Photoshop exam, received certification in Visual Communication using Adobe Photoshop CS5 National Hispanic Recognition Program 2014-15 School Year College Board For Excellence in Academic Achievement CITY OF CORPUS CHRISTI Submit Date: Feb 05, 2023 Application for a City Board, Commission, Committee or Corporation Profile Dr Shane A Gleason Prefix First Name Middle Initial Last Name Email Address 6346 Whitaker Dr Street Address Corpus Christi TX 78412 City State Postal Code What district do you live in? V District 4 Current resident of the city? r Yes r No If yes, how many years? 4.5 Mobile: (440) 832-0025 Business: (361) 825-2168 Primary Phone Alternate Phone Texas A&M University-Corpus Associate Professor, Political Christi Science Employer Job Title Work Address -Street Address and Suite Number 6300 Ocean Drive, Bay Hall 339 Work Address-City Corpus Christi Work Address- State TX Work Address-Zip Code 78412 Ilr Chnno A r;loncnn Work Phone 361-825-2168 Work E-mail address shane.gleason@tamucc.edu Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ANIMAL CARE 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. I do serve on one county board:The Nueces County Public Defender's Office Oversight Board. Education, Professional and/or Community Activity (Present) Ph.D.: Political Science, Southern Illinois University, Carbondale, IL(2014) B.A.: Political Science & History, Cleveland State University, Cleveland, OH (2007) Professional Activities: Southern Political Science Association, Member American Political Science Association: Law&Courts Section:Webmaster &co-chair of Committee on Recruitment, Retention, & Equity Community Activity: Edgar& Ivy's Cat Sanctuary, Board Member Texas Cat Coalition, Board Member Island Cat Assistance Team (TAMUCC), Chair Cat Club (TAMUCC), Faculty advisor If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) NA-this is the only one I am applying for Why are you interested in serving on a City board, commission or committee? Animals have always been near and dear to me. I have been active in rescue of some kind since 2016 when I trapped my first cats in rural Idaho. Since moving to Corpus Christi in 2018, my involvement in rescue grew;first on the TAMUCC campus and subsequently in the City of Corpus Christi itself. As a political scientist, I know quite well the power of government partnerships with the community. Recognizing that we can always strive to do better for both ourselves and our animal friends, I want to be part of the solution and help make my adopted home a better place. Jplcad a Resume nr Chnnn 0 r_loncnn Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r• No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A 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 rlr Chnno A (,lofacnn Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to ANIMAL CARE ADVISORY COMMITTEE The Animal Care Advisory Committee preferred representatives from certain categories. Do you qualify for any of the following categories? W Local Animal Welfare Organization 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 nr Chnno 0 (_lnncnn 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 rlr Chnnn A r_loncrNn Shane A. Gleason February 5, 2023 Shane A. Gleason, Ph.D. Contact Information 6346 Whitaker Drive 440.832.0025 Corpus Christi, TX 78412 Email: I strive to be an strong advocate for animals and the people whose lives they touch. In line with my backgrounds as an educator, volunteer, and scientist, I believe effective ad- vocacy begins with individuals coming together and working in tandem with government to develop the most effective evidence-based approach to make the community a better place for humans and animals alike. Experience Texas AHM University-Corpus Christi, Corpus Christi, TX Associate Professor of Political Science, 2021-present Assistant Professor of Political Science, 2019-2021 • University faculty member engaged in teaching, service, and research. Work closely with students from diverse backgrounds throughout their college careers. Extensive experience collaborating with key stakeholders within the University and community to develop programs strengthening ties and benefiting broad populations such as non-profit animal rescues, faculty, first-generation students, and administration. Board of Directors, Edgar 6 Ivy's Cat Sanctuary, Corpus, Christi, TX, 2022-present Board of Directors, Texas Cat Coalition, Corpus, Christi, TX, 2022-present • Help coordinate resources such as adoption in-take slots and trapping support. Reach out to facilitate cooperation between various stakeholders in the community and other rescues. Public Defender's Office Oversight Board, Nueces County, TX, 2022-present • Help oversee the formation of the Nueces County Public Defender's Office by drawing on my background in political science and the criminal justice system. Participate in job interviews and advocate on behalf of the office and the population it serves. Freelance Cat Trapping, Corpus Christi, TX, 2021-present • Assist residents in trapping feral and community cats. Draw on partnerships with local cat rescues and veterinary services to facilitate veterinary care and trap-neuter-return. Chair, Islander Cat Assistance Team, Texas A&M University-Corpus Christi, Corpus, Christi, TX, 2019-present • Oversee the care and feeding of approximately 60 cats on the TAMU-CC campus. • Maintain a 365-day-a-year feeding schedule and coordinate veterinary care as part of an evidence-based population management program. • Develop and maintain collaborative partnerships with several local cat and dog rescues in Nueces County for adoption placement. 1 Shane A. Gleason February 5, 2023 • Respond to emergencies such as cats dumped on campus and cats in medical distress. • Conduct periodic fundraising to maintain our 100% self-sufficient funding model. Advisor, Cat Club, Texas A&M University- Corpus Christi, Corpus, Christi, TX, 2019-present • Provide guidance and support to a group of students passionate about cats. • Facilitate campus events that are both fun and educational. • Assist in educating students about the responsibilities of cat ownership. • Facilitate volunteer efforts at several local cat & dog shelters in Nueces County. Idaho State University, Pocatello, ID Assistant Professor, Political Science, 2014-2018 Education Southern Illinois University, Carbondale, IL Ph.D., Political Science, May 2014 Cleveland State University, Cleveland, OH B.A. in Political Science & History, 2007 Relevant Skills Social Scientific Research Organization & Administration Collaboration & Communication Animal Rescue Other Relevant Service Experience Pre-law Club, Faculty Advisor, Texas A&M University- Corpus Christi, 2022-present Pre-law Program Coordinator, Texas A&M University- Corpus Christi, 2021-present Political Science Program Coordinator, Texas A&M University- Corpus Christi, 2021-2023 Webmaster, Law & Courts Section, American Political Science Association, 2021-present Member, Wagenschein Endowment Advisory Committee, Texas A&M University- Corpus Christi, 2020-2021 Cochair, Committee on Recruitment, Retention, & Equity, Law & Courts Section, American Political Science Association, 2020-present Political Science Club, Faculty Advisor, Texas A&M University-Corpus Christi, 2018-2019 Statistical Consultant for the Museum of Idaho, Idaho Falls, Idaho, 2017-2018 Law Club, Faculty Advisor, Idaho State University, 2014-2018 Pre-Law Advisor, Idaho State University, 2014-2018 2 CITY OF CORPUS CHRISTI Submit Date: Feb 13, 2023 Application for a City Board, Commission, Committee or Corporation Profile Ms. Jaqueline Gutierrez Prefix First Name Last Name Email Address 2002 Airline Rd Street Address Corpus Christi TX 78412 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? 20 Mobile: (361) 227-6719 Mobile: (361) 227-6719 Primary Phone Alternate Phone Coastal Bend Wellness Foundation Prevention Coordinator Employer Job Title Work Address - Street Address and Suite Number 101 North Shoreline, Suite 216 Work Address - City Corpus Christi Work Address-State TX Work Address - Zip Code 78401 hAc lnrvi iolino (,r itiorro-7 Work Phone 3614421350 ext. 104 Work E-mail address jaquelineg@cbwellness.org Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ANIMAL CARE 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: NA Education, Professional and/or Community Activity (Present) AA in General Kinesiolgy BS in University Studies (May 2023) If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) I am most interested in the Commission on Children &Youth Why are you interested in serving on a City board, commission or committee? I currently work as the Prevention Coordinator for Youth Programs with a team of five prevention specialists who teach two preventative educational curricula to 8 counties under Project Turnaround within the Coastal Bend Wellness Foundation. I am interested in supporting the community's children and youth as much as possible. Are you an ex-Officio member of a City Board, commission or committee? r Yes t: No AAc lnrri iolinn (=i itiorro-7 No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r• No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes c No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A NA 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 KAc lnni inline (,i itiorro-7 Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO" to all questions above, please enter N/A. NA Board-specific questions (if applicable) Question applies to ANIMAL CARE ADVISORY COMMITTEE The Animal Care Advisory Committee preferred representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to 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 Health and Human Services Verification NAc lnrii nn ino (,i itiorra-7 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 KAc Imm in inn (,i itinrro-7 CITY OF CORPUS CHRISTI Submit Date: May 18, 2022 Application for a City Board, Commission, Committee or Corporation Profile Michele King First Name Last Name Email Address 3402 Ocean drive Unit 23 - ---------------- ------------------------ Street Address Suite or Apt Corpus Christi TX 78411 City State Postal Code What district do you live in? 17 District 2 Current resident of the city? r Yes r No If yes, how many years? 12 Mobile: (361) 424-0368 Mobile: (361) 424-0368 Primary Phone Alternate Phone Self Veterinarian Employer Job Title Work Address-Street Address and Suite Number 3402 Ocean drive Work Address-City Corpus Christi Work Address-State Texas Work Address -Zip Code 78411 Uirh,mlo Minn Dano 1 of A Which Boards would you like to apply for? ANIMAL CARE ADVISORY COMMITTEE: Appointed 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? The animal advisory committee may be able to help what is happening in the city with stray animals. Are you an ex-Officio member of a City Board, commission or committee? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A Demographics 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 Uincmlc Minn Dnnc 0 of A 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 ANIMAL CARE ADVISORY COMMITTEE The Animal Care Advisory Committee preferred representatives from certain categories. Do you qualify for any of the following categories? Pr Veterinarian Uirhnhn Winri Dorm Q of n 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. V,, 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. pr,, I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. V I Agree Uir+hnln Vinn Dano A of A CITY OF CORPUS CHRISTI Submit Date: May 16, 2022 Application for a City Board, Commission, Committee or Corporation Profile Mrs Karlene K Lewis Prefix First Name Middle Initial Last Name Email Address 605 Sorrell St Street Address Corpus Christi TX 78404 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? 67 Mobile: (361) 563-3299 Home: (361) 563-3299 Primary Phone Alternate Phone Retired COO Corpus Christi Metro Ministries Retired COO CCMM Employer Job Title Work Address- Street Address and Suite Number 605 Sorrell Work Address - City CC Work Address - State NA Work Address-Zip Code NA AArc ll�rlono V I o1AAC! Work Phone NA Work E-mail address NA Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ANIMAL CARE 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) College, CC Cathedral Volunteer,Animal Advocate If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Animal Care Board Why are you interested in serving on a City board, commission or committee? There are too many animals put down in this City. I am an advocate for spaying/neutering and for adopting/fostering instead of buying pets. 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 AArc Vnrlono V I C11AAC 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 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) Question applies to ANIMAL CARE ADVISORY COMMITTEE The Animal Care Advisory Committee preferred representatives from certain categories. Do you qualify for any of the following categories? W None of the above KArc Vnrlono V I 931Aiic 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. V I Agree KArc Vnrinno V I AWAlic 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 1 seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. V I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. ------------- V I Agree KArc llnrlono V I IWAAC CITY OF CORPUS CHRISTI Submit Date: Dec 20, 2022 Application for a City Board, Commission, Committee or Corporation Profile Jackie McCollough First Name Last Name Email Address 6402 Williams Dr Unit B 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? 3 Mobile: (815) 210_-7589 Business: (361) 225-0845 Primary Phone Alternate Phone Director of Marketing & Gulf Coast Humane Society _ Development Employer Job Title Work Address- Street Address and Suite Number 3118 Cabaniss Pkwy Work Address - City Corpus Christi Work Address - State TX Work Address-Zip Code 78415 InA-iia �Ar('nllnrrrrh Work Phone 3612250845 Work E-mail address jmccolloughCa)gchscc.org Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ANIMAL CARE 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) B.A. Arts Management, concentration in Fundraising from Columbia College Chicago. Heavily involved in the local animal welfare community through my position with Gulf Coast Humane Society. Why are you interested in serving on a City board, commission or committee? work with CCACS regularly through Gulf Coast Humane Society. I'm extremely passionate about what I do and want to assist with facilitating a continuing expansion on animal services in our community. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No Are you a current candidate in an election for a non-city public office? r Yes r• No Do you currently serve as an elected official for a non-city public office? r Yes r• No InA-io KAf-(`nllni inh Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A 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 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) 1nrrl,io KAr,(`nllniinh Question applies to ANIMAL CARE ADVISORY COMMITTEE The Animal Care Advisory Committee preferred representatives from certain categories. Do you qualify for any of the following categories? W Local Animal Welfare Organization 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 1mrLio KArr'n11rm vh 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. �J I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. fJ I Agree lnrrLio KArr-nllni inh JACKIE MCCOLLOUGH (815) 210-7589 • ' www.linkedin.com/in/J*ackiemccollough EDUCATION Columbia College Chicago Chicago, Illinois Arts Management with a Performing Arts Concentration (B.A.) FUNDRAISING EXPERIENCE Gulf Coast Humane Society Corpus Christi,Texas Fundraising Manager 2020 - Present • Responsible for all fundraising activity for this organization with an annual budget of$2M+ • Built a new individual giving stewardship plan focused on retaining and engaging donors, adopter to donor conversion, and the creation of major gifts and membership programs • Transitioned the organization to a Salesforce database,tailored the platform for our needs, and recorded all donor interactions and stewardship activity Blank Theatre Company Chicago, Illinois Director of Development 2017-2019 • Exceeded budgeted fundraising income for the first year of the company's formation • Prepared and monitored budgets to stay in line with our financial and fundraising goals • Planned and executed an end-of-year campaign as well as other special events and grassroots campaigns The Cuckoo's Theatre Project Chicago, Illinois Director of Development 2017-2019 • Created an in-depth strategic plan and a new capital campaign to fund venue renovations • Conducted various direct mail, email, and social media fundraising campaigns • Executed meetings and advancement activities with team members and various other constituent groups Great River Shakespeare Festival Winona, Minnesota Development Associate 2017- 2018 • Coordinated donor events while staying consistent with relationship building and stewardship • Upheld and fulfilled all major donor benefits including VIP tickets, tours, and meet&greets • Shadowed the Director of Development during various donor visits, solicitations, and other meaningful interactions Collaboraction Theatre Company Chicago, Illinois Development Intern 2016 —2017 •Assisted the Director of Development with event planning, grant writing, and donor cultivation • Solicited business partnerships, sponsorships, and in-kind contributions • Developed and prepared acknowledgments, press releases, reports, and other solicitation and stewardship materials Glimmerglass Opera Cooperstown, New York Group Sales Intern 2016 •Worked closely with the development department to give tours, handle VIP groups, and more • Collaborated with the Group Sales Coordinator to identify prospective group sales opportunities • Utilized wealth capacity screening software (Wealth Engine) to better serve high-profile guests CITY OF CORPUS CHRISTI Submit Date: Mar 31, 2022 Application for a City Board, Commission, Committee or Corporation Profile Mrs Christie G McConnell Prefix First Name Middle Initial Last Name Email Address 13845 Eaglesnest Bay Dr Street Address Corpus Christi TX 78418 City State Postal Code What district do you live in? ' W District 4 Current resident of the city? r Yes r No If yes, how many years? 4 Mobile: (713) 557-0804 Mobile: (713) 557-0804 Primary Phone Alternate Phone Self-Realtor - ___ - Agent Employer Job Title Work Address-Street Address and Suite Number 13845 Eaglesnest Bay Dr Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ANIMAL CARE ADVISORY COMMITTEE: Submitted Interests & Experiences AArc r'hrictio (, Ur,('nnnoll 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) Masters of Arts in Psychology Volunteer at Shelter and in fostering since 2008-2018 Houston SPCA, 2018-present Gulf Coast Humane Society. Some self paid animal fostering as well. Worked as Veterinary Technician 2010-2014 If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Animal Care Advisory Board Why are you interested in serving on a City board, commission or committee? To assist Animal Care with community issues such as animal cruelty and neglect and Act as liaison between animal rescue community and city services. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics Gender W 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 AArc ('hrictin r; AAr-('nnnoll 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 ANIMAL CARE ADVISORY COMMITTEE The Animal Care Advisory Committee preferred representatives from certain categories. Do you qualify for any of the following categories? W Local Animal Welfare Organization hArc ('hrictin (, AAr(`nnnall Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. V I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. fJ 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. 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 KArc ('hrictio (_ NAr('nnnoll 13845 Eaglesnest Bay Dr Corpus Christi,TX 78418 Cell: 713-557-0804 Christie Griffith McConnell EXPERIENCE: 2013—Present—Realtor—Walzel Properties—Houston TX • Assist my clients in obtaining the highest and best price for their homes; either in selling or leasing. • Assist clients in finding the right home that fits their needs and dreams. • Organized and maintained a superior professional workflow of all paperwork, legal forms and documents during sales transactions. • Maintained a professional knowledgebase by participating in continuing education training on a regular basis. 2010—2013—VCA Telge Rd Animal Hospital—Houston TX • Increased the the sales of high quality pet food and preventative medicines by over 70%by identifying the benefits to the owner dollar wise and health wise. • Took the lead in resolving any issues with clients who were upset or unhappy with the services provided. • Completed detailed customer histories; educated clients on the importance of nutrition, pet wellness testing, and preventative medications. • Worked directly with pet owners and veterinarians in companion animal care and in explaining preventative and proactive care and health of each pet. 2007—2009—MIS Group—Houston TX • Acted as client liaison working with clients and software consultants in resolving issues arising from either the installation or sales process. • Recovered over$1.8 million in unpaid invoices by working with the client(s)to identify pain points, correct those issues, and ensure they were pleased with the progress of their software purchase. • Maintained a superior large database of clients in CRM to utilize to contact the correct parties at our clients to monitor the success and needs of their software installation. 1995—2007 TSCS Inc.-Houston,TX • Managed the sales, presentation and marketing activities of this 10 million dollar software sales company for over twelve years. Directly responsible for the development and implementation of our company's annual marketing plan. I reported the company wide results to the management team and worked with the marketing personnel to achieve these goals. • Responsible for third party sales, new sales and client sales. • Worked diligently with the management team to become the Top 10 Timberline Software Solution provider for construction and imaging software out of over 450 dealerships worldwide • Responsible for customer conflict resolution between our consultants and our clients. • Solely responsible for setup, marketing and presentation of seminars and trade shows. • Managed external customer information via the TSCS company newsletter and interactive website. • Acted as client liaison to ensure all of the customer needs were met and that they were utilizing the software to its fullest. • Worked with customers to resolve complaints and issues that arose to management's satisfaction. Interviewed and supervised temporary and permanent employees in reaching their goals. • Managed entire customer base in maintaining continuing customer relationships. EDUCATION: Bachelor of Arts -Baylor University Masters Psychology -Houston Baptist University KEY BUSINESS SOFTWARE MASTERED: MLS Zipformplus Saleslogix ACT Database Microsoft Office-Word, Excel, PowerPoint, Publisher, Outlook Timberline Accounting/Estimating Software CRM—client account management database Other third party plug-ins and products CONTINUING EDUCATION: -Customer Relationship Management -Business Growth and Development - Sales and Oral Presentation Skills Training -Professional Selling Skills Seminar -Yearly VAR Training for Dealerships INTERESTS: Foster/Volunteer for the Houston SPCA(2008-2019) Gulf Coast Humane Society, Misc rescues—Foster sick, debilitated or immature cats and kittens. Also bottle feeder for newborn kittens. Trap, Nueter, Return Houston Aquarium Society Mustang Club of Houston CITY OF CORPUS CHRISTI Submit Date:Jan 26, 2023 Application for a City Board, Commission, Committee or Corporation Profile Monica A Montalvo First Name Middle Initial Last Name Email Address 6401 Legacy Point Street Address Corpus Christi TX 78414 City Slate 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? 38 Home: (361) 548-0765 Business: (361) 239-2464 Primary Phone Alternate Phone Insure Solutions Group _ Agent/Owner Employer Job Title Work Address- Street Address and Suite Number 3426 S. Alameda St Work Address - City Corpus Christi Work Address - State Texas Work Address-Zip Code - 78411 KAnnir,n 0 AAnntnlvn Work Phone 361-239-2464 Work E-mail address Monica@insuresolutionsgroup.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ANIMAL CARE 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) Graduated from Baylor University with a double major in Psychology&Sociology. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) (1)Corpus Christi Business &Job Development(2) Corpus Christi Community Improvement Why are you interested in serving on a City board, commission or committee? feel that I can contribute to any of these boards since I am self-employed. I have the time to volunteer and would love to see Corpus Christi thrive and grow. This city is where I was born and raised and it has so much potential for growth. 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 AAnnirfa A AAnntnix/n Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A N/A Demographics Gender P 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 AAnnit-n A KAnntfalxin If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to ANIMAL CARE ADVISORY COMMITTEE The Animal Care Advisory Committee preferred representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a registered voter? r Yes r No Verification IkAnnir,n 0 hAnntnlxin 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. 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 AAnnir,n A AAnntnixin COMMITTEE FOR PERSONS WITH DISABILITIES Five(5)vacancies with term to 2-1-25. Duties The Committee for Persons with Disabilities provides a program to encourage,assist and enable persons with disabilities to participate in the social and economic life of the City;to achieve maximum personal independence;to become gainfully employed;and to enjoy fully and use all public and private facilities available within the community. Composition Nine(9)residents of the city who shall be appointed by the City Council. The membership of the committee shall be composed of individuals with disabilities and representatives of agencies and organizations functioning within the committee's area who are interested in the provision of services to persons with disabilities and others who are interested in the abilities and specific needs of persons with disabilities,subject to Council approval. The Human Relations Administrator,Director of Parks and Recreation,and Building Official shall serve as ex-officio non-voting members. The Chairperson of the Committee for Persons with Disabilities shall serve as an ex-officio voting member of the Human Relations Commission. Creation/Authority Meets Member Size Term length/limit Liaison Chapter 2,Article IV,Division 23,Code 1st Wednesday of the month at 3:00 9 2 years/6 years Nora Vargas of Ordinances.Ord.No.024364 p.m.,City Hall City Council Chambers Name District Term Appt.date End date Appointing Authority Position Status Attendance Seeking 10/11 meetings-90% Olivia Allan District 4 Partial 2/8/2022 2/1/2023 City Council reappointment (1 excused absence) Seeking Jennifer Scott District 2 1 3/30/2021 2/1/2023 City Council Chair reappointment 11/11 meetings-100% Not seeking Jennifer M Gracia District 4 1 3/30/2021 2/1/2023 City Council reappointment Met the six-year Anthony Zoccolillo District 4 3 3/8/2016 2/1/2023 City Council service limitation Dirk Hillard District 5 1 3/30/2021 2/1/2023 City Council Resigned Angela Brengman District 2 Partial 7/19/2022 2/1/2024 City Council Active Melanie R Gomez District 2 3 7/17/2018 2/1/2024 City Council Vice-Chair Active Jennifer Mirabal District 3 1 2/8/2022 2/1/2024 City Council Active Imelda M Trevino District 5 1 2/8/2022 2/1/2024 City Council Active Human Relations Ex-Officio,Non- Administrator N/A N/A N/A voting Active Ex-Officio,Non- Building Official N/A I N/A I N/A Ivoting JActive Parks and Recreation Ex-Officio,Non- Director N/A I N/A I N/A I voting Active 2-28-2023 COMMITTEE FOR PERSONS WITH DISABILITIES Applicants Name District Status Olivia L. Allan District 4 Seeking reappointment Hassan Aziz District 4 Applied Kelsey M. Dahlbeck District 2 Applied Sandra L. Flores District 2 Applied Chris A. Pena District 3 Applied Rachel M. Pittman District 4 Applied Jennifer Scott District 2 Seeking reappointment Ashley P. Voggt District 4 Applied CITY OF CORPUS CHRISTI Submit Date:Jan 30, 2023 Application for a City Board, Commission, Committee or Corporation Profile Olivia L Allan First Name Middle Initial Last Name Email Address 13510 Catamaran Street Address Corpus Christi TX 78418 City Slate Postal Code What district do you live in? P District 4 Current resident of the city? r Yes r No If yes, how many years? 15+ Mobile: (361) 263-5447 Business: (361) 826-6539 —-- - — --- -- --- -- ---- --- -- Primary Phone Alternate Phone Unique Employment Agency- COVID - 19 Data Public Health Department SpecialisVRecord Retention_____— Employer Job Title Work Address- Street Address and Suite Number 1702 Horne Rd. Work Address- City Corpus Christi Work Address- State Texas Work Address - Zip Code 78416 (-Unwin I Allmn Work Phone 361.826.6539 Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES: 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: Yes, Persons with Disabilities Why are you interested in serving on a City board, commission or committee? am currently a committee member, and we have a lot of unfinished business to maintain. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No nlixiin I Minn Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A 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 a No Do you, your spouse, your business or your spouse's business have a City contract? r Yes a No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes 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) nikiin I Minn 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 n1hiin I AIlnn 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. V I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. V I Agree nlixiin I Minn OLIVIA ALLAN 410 Bridgeport Ave Corpus Christi, Texas 78415 361.263.544.7 PROFILE Olivia is a team oriented professional with the ability to multi-task in high pressure situations and welcomes the opportunity to interact with the public and co-workers. She is organized and committed to quality in any product or service represented and exhibit's a strong understanding of business processes, expectations and goals. Olivia is used to and comfortable in a fast-paced environment and has proven success while working autonomously or within a team. WORK HISTORY Covid 19 Data Specialist (Temporary Position) Public Health Department Corpus Christi, Texas As a Data Specialist, I have dedicated the last year and a half to the clinical field registering patients for Covid-19 vaccines, maintaining FEMA ICS forms in the accounting department, developing and conducting Record Retention for the Tuberculosis Clinical Services while researching, designing and presenting a city- wide Community Resource Guide to the Corpus Christi Communications department. Logistics/Materials Coordinator British Petroleum (BP) 'Atlantis' and Shell 'Na Kika' Offshore Oil Platforms (Ingleside. Texas) As a trained offshore firefighter, I was responsible for supervising day-to-day activities relating to the inventory, project logistics, negotiating the purchase of equipment as well as living arrangements, transportation and daily catering for 2,000+ employees from overseas to complete the build and departure of both 'Atlantis' and 'Na Kika' (Two of the largest offshore self-sustained oil platforms 250 miles off the gulf coast). Inventory Control Manager Statewide Beverage (Corpus Christi. Texas) Conducted on-going inventory audits for 26 Warehouse Liquor stores between Corpus Christi and The Valley in order to work with purchasing and control/identify theft. Solution Specialist Microsoft - NorCal Region The Lead Dogs (Austin. Texas branch) Responsible for consulting Northern California region companies on appropriate Microsoft Dynamics Point of Sales (POS) end-to end retail solutions to fit their needs. COMMUNITY INVOLVEMENT Two (2) year term seat on the Persons with Disabilities Advisory Committee Development of a Community Resource Guide approved by the City of Corpus Christi Communications Department Winner of the American Advertising Federation Competition - The American Red Cross 'If Not Now, When? If Not You, WhoT Campaign Recognized American Red Cross volunteer for the tornados that hit Arkadelphia, Arkansas, March 1, 1997 PROFESSIONAL SKILLS Proficient on both Mac and PC, MAXIMO, Windows: Microsoft Power Point, Microsoft Office, Access, MS Outlook; WordPerfect Visio 16, PageMaker, Aldus Freehand, Lotus Word Pro, Excel, Lotus 1,2,3, MS Dos, Adobe Photoshop, Seibel, Jackfruit, Microfruit, Microsoft POS/RMS, Optimus and Metrologic and Luminar.. EDUCATION B.A. in Communications Emphasis in Advertising with a Minor in Business Computer Applications Ouachita Baptist University - Arkadelphia, AR Leadership Institute for Broadcast journalism Scholarship Washington, D.C. ACHIEVEMENTS • Awarded $20,000 Vocal Performance scholarship to Ouachita Baptist University • Sang 'The National Anthem" for the Corpus Christi Ice Rays • Vice President Chi Delta Women's Social Club CITY OF CORPUS CHRISTI Submit Date: Sep 08, 2022 Application for a City Board, Commission, Committee or Corporation Profile Dr. Hassan Aziz Prefix First Name Last Name Email Address 13821 Flintlock Dr. Street Address Corpus Christi TX 78418 City State Postal Code What district do you live in? 9 District 4 Current resident of the city? r Yes r No If yes, how many years? 2 Mobile: (901) 690-3816 Business: (361) 825-2275 Primary Phone Alternate Phone Texas A&M University-Corpus Christi Dean and Professor Employer --_-- — Job Title — -- ----_--— -- Work Address- Street Address and Suite Number 6300 Ocean Drive, Unit#5805 Work Address- City Corpus Christi Work Address-State Texas Work Address -Zip Code 78412 r)r Wnccnn o-A-7 Work Phone (361) 825-2275 Work E-mail address Hassan.Aziz@tamucc.edu Preferred Mailing Address PT Home/Primary Address Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES: 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) PhD, University of Southern Mississippi, 2000 Current President for the American Society for Clinical Laboratory Science (ASCLS). He is a Fellow of the Association of Clinical Scientists (ACS) and of the Institute of Higher Education at the University of Georgia(UGA). He is a certified Green Belt Six Sigma and TEDx speaker. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) 1. CITIZENS ADVISORY HEALTH BOARD 2. CORPUS CHRISTI COMMISSION ON CHILDREN & YOUTH 3. COMMITTEE FOR PERSONS WITH DISABILITIES Why are you interested in serving on a City board, commission or committee? Interested in serving in a City Board to offer my relevant expertise and a voice in decision making. I look forward to serving my community. It can also be a great learning opportunity for myself. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r' No nr Wnccnn 0-A-7 No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics Gender P 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) rlr Wnccnn 0717 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 Health and Human Services W Education 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 nr Wnccnn 0717 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 swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree nr Wnccnn A-7i-7 Orr`R.+2 {, CURRICULUM VITAE HASSANA.Aziz, PHD, FACSc, MLS(ASCP)cM 0 � i Dean, College of Nursing and Health Sciences ASCLS President Home Address: 13821 Flintlock Dr. Corpus Christi, Texas 78418 (901) 690-3816 Email: Office Address: Texas A&M University—Corpus Christi College of Nursing and Health Sciences 6300 Ocean Drive Corpus Christi, Texas 78412-5805 361-825-5708 Email: Hassan.Azizgtamucc.edu Citizenship: United States Education: Institution/Location Years Degree/Date Field of Study University of Southern Mississippi, 1998-2000 PhD/August 2000 Science Education Hattiesburg, MS University of Southern Mississippi, 1993-1994 MS/May 1994 Medical Technology Hattiesburg, MS Kuwait University, Kuwait 1986-1990 BSc/June 1990 Medical Technology Post Doctoral: Governor's Teaching Fellowship, University of Georgia, Athens, 2001 Certification: Executive Presence Certificate, Cornell University, April 2022 Laboratory Management University, ASCP, January 2014 Certified LEAN Six Sigma Green Belt, Southern Polytechnic State University, April 2008 Medical Laboratory Scientist, MLS(ASCP), July 1990 Licensure: Clinical Laboratory Director, State of Georgia, License#03115R Clinical Laboratory Supervisor, State of Florida, License #SU41936 Medical Laboratory Technologist, State of Tennessee, License #25674 Military Service: None Administrative Appointments: Years Position Institution Department 2021- Dean Texas A&M Corpus Christi College of Nursing and Health Sciences 2018-2021 Executive Associate University of Tennessee College of Health 1 Dean Health Science Center Professions 2017-2018 Academic Consultant Qatar University Office of Vice President 2014-2017 Associate Dean Qatar University College of Arts&Sciences for Academic Affairs 2012-2014 Coordinator QU Graduate Program Biomedical Science 2011- 2015 Program Director Qatar University Biomedical Science 2008-2013 Medical Director Georgia Regional Hospital Clinical Laboratory 2003-2011 Department Head Armstrong Atlantic State University Medical Technology 2003-2007 Laboratory Director Georgia Regional Hospital Clinical Laboratory 1994-1999 Laboratory Director Stone County Hospital Clinical Laboratory Faculty Appointments: Years Rank Institution Department 2021- Professor with Tenure Texas A&M Corpus Christi College of Nursing and Health Sciences 2020 Tenured University of Tennessee College of Health Health Science Center Professions 2018-2021 Professor University of Tennessee College of Health Health Science Center Professions 2011-2018 Associate Professor Qatar University Biomedcial Science 2011-2014 Professor(Adjunct) New York Methodist Hospital Allied Health Education 2005-2007 Assistant Professor University of Cincinnati Medical Technology (Adjunct) 2003- Adjunct Faculty Medical University of South Carolina Pathology 2007 Tenured Armstrong Atlantic State University Medical Technology 2005-2011 Associate Professor Armstrong Atlantic State University Medical Technology 2000-2005 Assistant Professor Armstrong Atlantic State University Medical Technology 1999-2000 Medical Instructor Antonelli College Medical Education 1999-2000 Laboratory Instructor University of Southern Mississippi Medical Technology 1995-1999 Clinical Coordinator Pearl River Community College Medical Technology 1993-1994 Teaching Assistant University of Southern Mississippi Medical Technology Hospital Appointments: Years Position Institution Department 2001-2003 Medical Technologist St. Joseph Hospital Clinical Laboratory 1989-1990 Medical Technologist University Medical Center Clinical Laboratory Other Experiences: Years Position Institution Department 1991-1992 Sales Representative C.T. Pharmaceutical Company Sales Membership in Professional/Scientific Societies: National Societies: Association of Clinical Scientists (ACS) American Society for Clinical Laboratory Science (ASCLS) American Society for Clinical Pathology(ASCP) 2 National Accreditation Agency for Clinical Laboratory Sciences (NAACLS) Extramural Grants/award amount: • Training and Recruiting Individuals from Underrepresented Minorities for Public Health (TRIUMPH) program. (2021). Not funded. The PHIT Workforce Development Program. U.S. Department of Health and Human Services (HHS). $766,119. • Risk-based microbial sampling plans for foods and design of food safety epidemiological studies. (2014). Funded Workshop. Qatar National Research Funds. $12,750 • Investigation of Legionella pneumophila in Qatar Cooling Systems (2014). Co-PI. Qatar National Research Funds. $30,000 • Integrated Interprofessional Healthcare Education(2013). Co-PI. Academic Health System at Hamad Medical Corporation, Qatar. $643,000 • Accreditation of Continuing Professional Education.: Nursing Continuing Education through ANCC (2013). Co-PI. Academic Health System at Hamad Medical Corporation, Qatar. $381,000 • PRISM Partnership for Reform in Science &Mathematics grant(2005-07). Associate • The Rural Technology Network(2002). Congressional Grant. $68,300 • Influence of Methoxy-Pro on Anabolic Hormones, Body Composition, and Performance Measures in Trained Athletes (2000). Co-investigator. Cytodyne Technologies - $38,000 Intramural Grants/Amount of Award: • Statistical and bioinformatic analysis of novel genes associated with tobacco smoking behavior towards identification of novel avenues for personalized medicine. (2016). Qatar University, $32,957 • Investigation of the Presence of Legionella pneumophila in Cooling System in Qatar. Qatar University, (2015/2016). $ 41,194 • The Prevalence of High Cholesterol Levels among Qatar University Students (2012) $13,741.55 • Teach One, Teach All (2003). $1,500 • Save a Tree, Create a CD (2003). $2,265 • Development of Web Enhanced Courses (2002). $2,153 • Introduction of High-Resolution Projection Technology into the Hematology Classroom, (2001). $2,500 Awards, Honors, Membership in Honorary Societies: Phi Kappa Phi, March 2022 ASCP Lifetime Achievement Award, September 2019 ASCLS Distinguished Author, June 2019 ASCP Choosing Wisely Advisory Board Member, February 2018 Full Fellow of the Association of Clinical Scientists (ACS), 2016 ASCLS Gloria F. "Mike" Gilbert Memorial Trustee Award, July 2011 ASCLS-GA Contribution to the Profession, 2011 Alpha Mu Tau Fraternity 2010 ASCLS-Region III Director 2009-2012 ASCLS-GA Member of the Year 2006-2007 3 Omicron Sigma, ASCLS, 2006, 2008, 2010 Brockmeier Award Faculty Teaching Award, 2005 Contribution to the Profession, GSCLS, 2003 Alpha Eta Allied Health Honor Society, 2003 Excellence in Research and Scholarship, AASU, 2002 Omicron Sigma, GSCLS, 2002, 2004 Key to The Future, GSCLS, 2002 The National's Dean List, 2000 Community Service Award, United Blood Services, 1999 Sigma Xi, 1995 Major Teaching and Clinical Interests and Responsibilities: Health Informatics Clinical Microbiology Clinical Parasitology Clinical Hematology and Hemostasis Clinical Immunohematology Clinical Pathways and Critical Decision Making Laboratory Management and Education Health Informatics and Laboratory Information Systems Lectures and Presentations: Invited Lectures and Presentations Peterson, M.D., Aziz, H.A., Evans, E., and Campbell, L.F. (April 2022). Consumer- Focused Health Care Panel Discussion. South Texas Chapter—American College of Healthcare Executives. Corpus Christi. Aziz, H. (2022, April). Resiliency: Bouncing Forward. 2022 Virtual Joint Spring Seminar. Virtual. Aziz, H. (2022, April). Impact of Personalized Medicine on Higher Education. 2022 Virtual Joint Spring Seminar. Virtual. Aziz, H. (2022, April). Elevating Connections, Building Bridges in Adversity. CDC OneLab Summit 2022. Virtual. Aziz, H. (2022, April). Resilience: Turning Crisis into Opportunity. ASCLS Michigan Annual Conference. Kalamazoo City, MI. Aziz, H. (2022, April). Personalized Medicine - Transforming Health Professions. ASCLS Michigan Annual Conference. Kalamazoo City, MI. Aziz, H. (2022, March). Health Informatics. AACC Texas Section Biannual Conference. League City, TX. 4 Aziz, H. (2021, December). Faculty Development Day at Salus University. Virtual. Aziz, H. (2021, December). Resiliency at the Workplace. Philippine Association of Medical Technologists (PAMET) 57th Annual Convention. Virtual. Aziz, H. (2021, October). Personalized Medicine—Transforming Health Professions. Keynote speaker at Inter Mountain States Seminar. Jackson Hole, WY. Aziz, H. (2021, October). Resilience—Turning Crisis into Opportunity. Keynote speaker at Inter Mountain States Seminar. Jackson Hole, WY. Hoag, K., Flwas, M., Kenwright, K. and Aziz, H. (2020, February). The use of admissions management solutions in Medical Laboratory Science Programs. 2020 Clinical Laboratory Educator's Conference, Orlando, FL. Aziz, H. (2019, April). My Journey in Laboratories Around the World. Faculty Forum. University of Tennessee Health Science Center. Memphis, TN. Aziz, H. (2017, November). Survey of Coronary Heart Disease Risk Factors among Qatar University Female Students. Exercise and Physical Activity as Prevention and Treatment for Cardiovascular Diseases. Doha, Qatar. Aziz, H. (2015, April). The Accreditation Experience of the Biomedical Science Program. The 11th Annual Meeting of Deans of Colleges of Sciences Association of Arab Universities. Doha, Qatar. Aziz, H. (2015, April). Impact of Personalized Medicine on Education. International Conference on Bioinformatics and Biostatistics Applications in Cancer Genomics Research. Doha, Qatar. Aziz. H. (2015, January). QU College's Efforts in Enhancing Students Success. 6t' OFID Day. Qatar University. Doha, Qatar. Aziz, H. (2015, January). Faculty and Staff Contributions to Student Success. American Council on Education Leadership Academy for Department Heads. Qatar University, Doha, Qatar. Aziz, H. (2014, May). The Impact of Personalized Medicine on Future Healthcare careers in Qatar. Hamad Medical Corporation-Duke University Personalized and Precision Medicine Symposium, Doha, Qatar. Arneson, W., Aziz, H. and Asante, K. (2014, April). Research Methodology in Health Care. American Society for Clinical Pathology Outreach Workshop. Sumbawanga, Tanzania 5 Carr, C., Aziz, H., Bedri, S., and Mitchelson, B. (2014, March). Using Continuing Professional Development to maintain Board Registration for Allied Health (the UK and US experience). 1St Academic Health System(AHS) Continuing Education Symposium for Healthcare Educators in Qatar. Doha, Qatar. Aziz, H. (2014, March). Panel Discussion on educational design and teaching and learning strategies. 1St Academic Health System (AHS) Continuing Education Symposium for Healthcare Educators in Qatar. Doha, Qatar. Aziz, H. and Lofland, D. (2011, October). From Conventional to Modern Microbiology. Updates in Laboratory Medicine: Core Topics for CMP. Workshop for Laboratory Professionals. American Society for Clinical Pathology. Atlanta, GA. Aziz, H. and Lofland, D. (2011, October). New Drugs for Bad Bugs. Workshop for Laboratory Professionals. American Society for Clinical Pathology. Atlanta, GA. Aziz, H. (2011, May). Laboratory Medicine: Past, Present, and Future. Republic Polytechnic. Singapore. Aziz, H. (2011, April). 31 Cases in Microbiology. Qatar University and Hamad Medical Center. Doha, Qatar. Aziz, H. (2011, April). Agents of Bioterrorism. Louisianna and Mississippi Joint Annual Meeting. Shreveport, LA. Aziz, H. (2010, April). Biofilms: Architects of Disease. Presentation at the Carolina Clinical Connection. Asheville, NC. Aziz, H. (2010, April). Biofilms in our lives. Presentation at the American Society for Clinical Laboratory Science—Tennessee Annual Meeting. Nashville, TN. Aziz, H. (2010, April). Attitude Adjustment through Effective Leadership. Keynote presentation at the Mississippi/Louisiana Clinical Laboratory Science Annual Meeting. Biloxi, MS. Aziz, H. (2010, March). Introduction to Biofilms. Presentation at the Florida Society for Clinical Laboratory Science Annual Meeting. Orlando, FL. Aziz, H. (2009, March). Compliance in the Microbiology Lab. Presentation at Carolina Clinical Connection. Myrtle Beach, SC. Aziz, H. (2009, March). Managing Emotions through Effective Leadership. Presentations at Carolina Clinical Connection. Myrtle Beach, SC. 6 Aziz, H. (2009, March). Effective Leadership in the Laboratory. Presentations at the 61St Annual American Society for Clinical laboratory Science—Georgia, Clarkston, GA. Aziz, H. (2009, March). The Microbiology Wizard. Presentations at the 61St Annual American Society for Clinical laboratory Science— Georgia Convention. Clarkston, GA. Aziz, H. (2008, April). The Microbiology Wizard. Presentations at the 59th Annual American Society for Clinical laboratory Science—Georgia Convention. Morrow, GA. Aziz, H. (2007, October). Global Infections: US and Global Perspectives. Presentations at Republic Polytechnic, National University Hospital, Singapore Polytechnic,Nanyang Polytechnic and Ngee Ann Polytechnic. Singapore. Aziz, H. (2007, April). The Microbiology Wizard. Presentations at the 58th Annual Georgia Society for Clinical laboratory Science Convention. Morrow, GA. Aziz, H. (2007, April). CLIA Compliance in Microbiology. 9h Annual CLIA Southern Consortium Meeting. Savannah, GA Aziz, H. (2006, March). The Microbiology Wizard. Presentations at the 57th Annual Georgia Society for Clinical laboratory Science Convention. Macon, GA. Aziz, H. (2005, February). Microbiology Registry Review. Presentations at the 56th Annual Georgia Society for Clinical laboratory Science Convention. Atlanta, GA. Eckert, B.S., Aziz, H., Bowers, R., Brooks, D., Buck, M., Gibson, S., Lake, D., Stern, C., Streater, S. and Tanenbaum, B (2005). Strategic Planning As a Guide For Decision Making And Faculty Evaluation. 2005 Annual Conference of Association of Schools of Allied Health Professions, Houston TX. Aziz, H. (2004, February). Microbiology Registry Review. Presentations at the 55th Annual Georgia Society for Clinical laboratory Science Convention. Atlanta, GA. Aziz, H. (2003, March). Microbiology Registry Review. Presentations at the 54th Annual Georgia Society for Clinical laboratory Science Convention. Atlanta, GA. Hardegree, L. and Aziz, H. (2002, June). The Education Pipeline Model and Strategies to Address B.S. Level Manpower Shortage. Presentation at the CLMA/ASCP 2002 Conference. New Orleans, LA. Aziz, H. (2002, March). Microbiology Registry Review. Presentations at the 53rd Annual Georgia Society for Clinical laboratory Science Convention. Atlanta, GA. 7 Hardegree, L. and Aziz, H. (2002, March). Laboratory Managers' Conference. Presentation at the 53rd Annual Georgia Society for Clinical laboratory Science Convention. Atlanta, GA. Hardegree, L. and Aziz, H. (2001, March). Addressing the Shortage on a State Level: Georgia Manpower. Presentation at the CLMA Staffing Shortage Forum: Building and Maintaining a Strong Laboratory Workforce. Philadelphia, PA. Aziz, H. (2001, March). Microbiology Registry Review. Presentations at the 52nd Annual Georgia Society for Clinical laboratory Science Convention. Augusta, GA. Hardegree, L. and Aziz, H. (2001, March). Managers' Conference on Manpower. 52nd Annual Convention of Georgia Society for Clinical Laboratory Science. Augusta, GA. Submitted Presentations Aziz, H. (2018, March). The Impact of Personalized Medicine on Higher Education. TEDx Talk. Doha, Qatar. Retrieved from https://youtu.be/29yPkVFNZsI Hu, P., Simonian,Y., and Aziz, H. (2016, August). Transforming Biomedical Science programs through accreditation. The 32nd World Congress of Biomedical Laboratory Science (IFBLS 2016). Kobe, Japan. Aziz, H. (2015, October). Clinical Education: begin with the end in mind. American Society for Clinical Pathology 2015 Annual Meeting. Long Beach, CA Aziz, H., Moussa, H., Hussien, S., and Nasrallah, G. (2015, October). First study in Qatar to reveal high Legionella count in cooling towers. Poster presented at the American Society for Clinical Pathology 2015 Annual Meeting. Long Beach, CA Aziz, H and Ndoye, A. (2015, May). Assessment in Clinical Education. Health Sciences in Qatar: Explorations in Teaching, Learning & Interprofessionalism. University of Calgary in Qatar, Doha, Qatar. Malki, A., Ashour, H.M., Issa, D.A.E., Elbayaa , R.Y., Aziz, H., Chen, X. (2014, September). Novel 1,5-Diphenyl-6-Sunsttituted Pyrazolo [3,4-d] Pyrimidin-4-Ones Induced Apoptosis Colon Cancer RKO Cells via Targeting Mitochondrial Pathway. 3rd International Conference of Organic Chemistry (ICOC-2014). Tbilisi, Georgia. Althani, A., Aziz, H., Saleem, W. (2014, May). Challenges to Conclude Emerging Viral Infections in Qatar. Poster at the Endemic and Emerging Viral Diseases of Priority in the Middle East and North Africa(MENA) —A Scientific Workshop to Promote Research Collaboration. Doha, Qatar. Aziz, H. (2014, February). Global Connection. 2014 Clinical Laboratory Educator's Conference, San Jose, CA. 8 Aziz, H. (2013, September). The transformation of the MLS program at Qatar University through accreditation and benchmarking. ASCP Annual Meeting, Chicago, IL. Aziz, H. (2011, July). Impact of Old Infections on Today's Society. ASCLS Annual Meeting, Atlanta, GA. Aziz, H. and Simonian, Y. (2011, February). Successful Strategies for a New Program Director. 2011 Clinical Laboratory Educator's Conference, Fort Lauderdale, FL. Aziz, H. (2011, January). Infections that Changed the World, the Series. Faculty Lecture Series. Armstrong Atlantic State University. Savannah, GA. Aziz, H. (September, 2010). Infections that Changed the World. ASCLS R111 Triennial Meeting, Savannah, GA. Aziz, H. (2010, July). Effective Leadership in the Medical Laboratory. ASCLS Annual Meeting, Anaheim, CA. Aziz, H. and Eckert, B. (2008, November) A Hybrid Approach to Address Medical Laboratory Manpower. The 14th Annual Sloan-C International Conference on Online Learning, Orlando, FL. Hewitt, L, Aziz, H, and Anderson, L. (2007, March) Hospitals and Education: A Different Approach to Train Medical Technologists. CLMA ThinkLab '07, Houston, TX. Aziz, H and Wyatt, D. (2007, February) Student Criminal Background Checks in Allied Health Institutions. 2007 Clinical Laboratory Educator's Conference, Louisville, KY. Aziz, H and Anderson, L. (2007, February) An Interdisciplinary Web-Based Case. 2007 Clinical Laboratory Educator's Conference, Louisville, KY. Aziz, H, Gilman, F, Mahoney, S, and Wyatt, P. (2006, October). Criminal Background Checks: Current Practices in Allied Health Institutions. 2006 ASAHP Annual Conference in Chicago, IL. Eckert, B and Aziz, H. (2006, July). Health Professions Workforce Partnership Can be the Answer. 74th ASCLS Annual Meeting. Chicago, IL. Aziz, H, and Anderson, L(2006, March). New Hire: Best Fit or Misfit Body. Presentation at ThinkLab '06, The Annual Conference for Clinical Laboratory management Association. Charlotte, NC. 9 Aziz, H, Anderson, L, and Butina M. (2006, March). Improving Lines of Communication Between Academic Institutions and Clinical Facilities. Presentation at the 22nd Annual Clinical Laboratory Educators' Conference. San Antonio, TX. Aziz, H, Eckert, B. and Seignious, B. (2005, March). Partnership to promote Recruitment, Retention, and Promotion of Medical Laboratory personnel. Presentations at the CLMA/ASCP ThinkLab Conference. Chicago, IL. Aziz, H. (2005, February). Educational Methodologies for Clinical Instructors. Presentations at the 56th Annual Georgia Society for Clinical laboratory Science Convention. Atlanta, GA. Aziz, H and Anderson, L. (2004, March). Bugbuster in the Classroom. Presentation at the AASU 4th Annual President's Symposium on Teaching & Learning. Savannah, GA. Aziz, H. (2003, March). Adding the Human Touch to E-Learning. Presentation at the AASU 3rd Annual President's Symposium on Teaching & Learning. Savannah, GA. Hardegree, L. and Aziz, H. (2002, July). Powerful benefits of Technology: Education and Marketing. Poster presented at the IAMLT and ASCLS World Congress. Orlando, FL. Aziz, H. (2002, April). The Medical Laboratory and Cancer. Presentation at the Armstrong Atlantic State University Leadership Institute. Savannah, GA. Aziz, H. and Hardegree, L. (2002, April). Unleash the Power of PowerPoint. Presentation at the AASU 2nd Annual President's Symposium on Teaching & Learning. Savannah, GA. Aziz, H. and Hardegree, L. (2002, February). Student Professionalism. Presentation at the 8th Annual Clinical Laboratory Educators' Conference. Honolulu, HI. Hardegree, L. and Aziz, H. (2002, February). A Supply Pipeline Model and Strategies for Addressing Manpower Shortage. Presentation at the 181h Annual Clinical Laboratory Educators' Conference. Honolulu, HI. Hardegree, L. and Aziz, H. (2002, February). Web pages: Educating Students and Promoting Profession. Presentation at the 81h Annual-Lilly Conference on College University Teaching— South. Athens, GA. Aziz, H. and Hardegree, L. (2002, February). Improving Instructional Effectiveness Using Simple Information Technologies. Presentation at the 9th Georgia Conference on College & University Teaching. Kennesaw, GA. 10 Hardegree, L. and Aziz, H. (2001, February). The Potential Benefit of Your Web Page: Promoting Your Program and Our Profession and Educating Practitioners for the Future. Poster presented at the Clinical Laboratory Educators Conference. American Society for Clinical Laboratory Science. St. Louis. Hardegree, L. and Aziz, H. (2001, February). Improving Instructional Effectiveness Using Simple Information Technologies. Presentation at the AASU First Annual President's Symposium on Teaching and Learning. Savannah, GA. Aziz, H., Beck, C. and Hudson, J. (2001, February). Formal Versus Informal Instruction in Laboratory Safety. Poster presented at the Clinical Laboratory Educators Conference. American Society for Clinical Laboratory Science. St. Louis. Hardegree, L. and Aziz, H. (2000). State Wide Medical Laboratory Manpower Meeting. Macon, GA. Aziz, H., Hudson, J., Beck, C., and Lux, M. (1995). Differences among current methodologies used for detection of Giardia lamblia. Poster presented at the 59"'Annual Meeting of the Mississippi Academy for Sciences. Biloxi, MS. Aziz, H., Hudson, J., Beck, C., and Lux, M. 1994. A comparative study of immunological methods for the identification of Giardia lamblia. Poster presented at the Joint Meeting of American Society for Microbiology, South Central Branch, and Mid-South Biochemists. Shreveport, LA. Extramural Professional Activities: • Peer Evaluator, Southern Association of Colleges and Schools Commission on Colleges (SACSCOC), July 2022 • ASCLS Past President, July 2022—July 2023 • ASCLS President, July 2021 —July 2022 • Associate Editor, International Journal of Biomedical Laboratory Science, 2021 - Present • ASCLS President-Elect, July 2020—July 2021 • External advisor for the CLS Program Advisory Committee (PAC), Imam Abdulrahman Bin Faisal University, Kingdom of Saudi Arabia. March 2021 —Present • IFBLS Scientific Network of Experts, June 2020 —Present • IFBLS Laboratory Management Advisory Group, June 2020—Present • Memphis Academy of Health Sciences, Board of Directors, 2019—2021 • American Society for Clinical Laboratory Science (ASCLS) Elections Chair, 2019. • Clinical Laboratory Educators' Conference (CLEC) Steering Committee, 2019-2021. • Advisory Committee on International Standards Establishment (ISE), 2017-2021. • External Examiner, Medical Laboratory Science Program, Higher Colleges of Technology, United Arab Emirates, 2017. • American Society for Clinical Laboratory Science (ASCLS) representative to the International Federation of Biomedical Laboratory Science (IFBLS), 2017—Present 11 • Editorial Board, Archives of Clinical and Biomedical Research, 2016 —present • External Examiner, Biomedical Science Program, Sultan Qaboos University, Muscat, Oman, 2015 —2017. • National Accrediting Agency for Clinical Laboratory Science (NAACLS), Global Task Force, 2015 —Present. • Critical Values Development Board, American Society for Clinical Pathology(ASCP), 2015 —Present • National Accrediting Agency for Clinical Laboratory Science (NAACLS), Accreditation volunteer, 2001 —Present. • Advisory Committee, First Middle Eastern Conference on Interprofessional Education: New Frontiers in Healthcare, Doha, Qatar, December 5-7, 2015 • Medical Laboratory Qualification Program (MLQP) Examination Pilot, Tbilisi, Georgia, February 16 - 18, 2015 • American Society for Clinical Pathology (ASCP) International Commission, 2014—2022 • Hamad Medical Corporation -Weill Cornell Medical College in Qatar Joint Institutional Review Board(J-IRB), 2014 • Qatar's National Cancer Strategy, 2013 —2018 • Genomic Assessment of Qatar, 2013 —2018 • Founding Qatar ASCP Advisory Board, 2013 —2018 0 Founding Board Member, International Council for the Life Sciences, Qatar Chapter, 2013 -2018 • Education Committee Chair, Academic Health System, Doha, Qatar, 2012 —2018 • Consulting Editor, Clinical Laboratory Science, American Society for Clinical Laboratory Science, 2012—Present • American Society for Clinical Pathology Global Outreach Consultant, 2011 —2020. • Editorial Advisory Board, Advance for Medical Laboratory Professionals, 2010—2014 • External Examiner, Biomedical Science Program, Singapore Polytechnic, Singapore, 2010-2012 • Blog Contributor: From Classroom to Bench. Advance for Medical Laboratory Professionals, 2010 —2012 • American Society for Clinical Laboratory Science, Board of Directors, 2009-2012. • National Accrediting Agency for Clinical Laboratory Science, Online Learning Task Force, 2010—2012 • Workshop for Laboratory Professionals. American Society for Clinical Pathology. Atlanta, GA, 2011 • ASCLS Annual Meeting, Atlanta, GA, 2011 • 2011 Clinical Laboratory Educator's Conference, Fort Lauderdale, FL. 0 ASCLS RIII Triennial Meeting, Savannah, GA, 2010. • ASCLS Annual Meeting, Anaheim, CA, 2010. • The 14th Annual Sloan-C International Conference on Online Learning, Orlando, FL, 2010 • Legislative Symposium, ASCLS, March 2009, 2010, 2011 • American Society for Clinical Pathology, Information Technology Committee, 2007- 2010. 12 • National Accrediting Agency for Clinical Laboratory Science, Human Resources Workgroup, 2007-2008. • Medical Devices Advisory Committee of the Food and Drug Administration, 2006-09. • Diagnosis and Staging Workgroup for the Georgia Cancer Coalition, 2006. • Chair of CLEC 2008 Steering Committee. • President. American Society for Clinical Laboratory Science-Georgia. 2005-2006 • ASAHP Leadership Development Program, Association of Schools of Allied Health Professions. 2006. • President-Elect. American Society for Clinical Laboratory Science-Georgia. 2004-2005 • Leaders Among Us. Armstrong Atlantic State University. Spring 2004. • Conference Program Committee. Clinical laboratory Management Association. • Educational Resources Committee member. Clinical laboratory Management Association. • Committee on Educational Affairs of the American Society for Clinical Laboratory Science. • Scientific Assembly member. American Society for Clinical Laboratory Science. Publications: Peer Reviewed Journal Articles: Aziz, H. Submitted. Handling Rejection. International Journal of Biomedical Laboratory Science. Aziz, H. (2022). Can you teach an old dog new tricks?International Journal of Biomedical Laboratory Science (IJBLS), 11(1), 149 Tille, P., Aziz, H., Conway-Klaassen, J. (2020). Septicemia: An Extreme Host Response to a Growing Worldwide Healthcare Problem. International Journal of Biomedical Laboratory Science (IJBLS), 9(1), 1-6. Aziz, H., Ross, L., Conway-Klaassen, J., Tille, P. (2020). Role of the Microbiology Laboratory in the Diagnosis of Sepsis. International Journal of Biomedical Laboratory Science (IJBLS), 9(1), 7-14. Aziz, H., Ross, L., Tille, P., Conway-Klaassen, J. (2020). Rapid Identification of Pathogens Recovered from Blood Stream Infections. International Journal of Biomedical Laboratory Science (IJBLS), 9(1), 15-22. Conway-Klaassen, J., Tille, P., Aziz, H. (2020). The Use of Biomarkers in the Diagnosis and Management of Sepsis. International Journal of Biomedical Laboratory Science (IJBLS), 9(1), 23-31. Aziz, H. (2019). Evaluating Responsiveness of Raised Serum Ferritin for Treatment in Patients with Chronic Hepatitis C Infection. Journal of Medicine, 21(1), 14-19. https:Hdoi.org/l0.3329/jom.v2Iil.44095 13 Aziz, H., (2019) Retrospective Analysis of Chronic Hepatitis C Patients with Hepatic Iron Depletion. Annals of Clinical&Laboratory Science, 49:3 (380-384). Aziz, H., Gomaa, A., Al-Obaide, M.A. and Alobydi, H.W. Kynurenine and Al-Humaish, S. (2018). Kynurenine 3-Monooxygenase Gene Associated with Nicotine Initiation and Addiction: Analysis of Novel Regulatory Features at 50 and 30-Regions. Front. Genet. 9:198. http://dx.doi:10.3389/fgene.2018.00198 Aziz, H. and Tille, P. A. (2018). Comprehensive Assessment Plan for Medical Laboratory Science Programs. Clinical Laboratory Science. April 2018.118.000190; https://doi.org/I0.29074/ascis.118.000190 Aziz, HA. Virtual Reality Programs Applications in Healthcare. 2018. JHealth Med Informat. JHealth Med Informat. 9: 305. https://doi:10.4172/2157-7420.1000305 Aziz, HA. (2018). Use of Interactive Games in Healthcare. JHealth Med Informat. 2018, 9:1 haps://DOI:10.4172/2157-7420.1000304 Aziz, H., Moosa, E.M., Bari, R., and Abu El-Ruz, R. (2018) Liver Enzymes Correlation among Chronic Hepatitis C Patients with virus Infection Fibrosis Progression. Medicine Today. 2018, 30 (1): 11-15. http://dx.doi.org/10.3329/medtoday.v30il.35556 AbuOdeh, RO, Aziz, HA, Moussa, H, Hussien, S, Hadwan, T,Nasrallah, GK. (2017) First study in Qatar to reveal high Legionella counts in cooling towers. Eastern Mediterranean Health Journal. 2017, 23 (10): 702-706. https://doi.org/10.26719/2017.23.10.702 Aziz, H. and Gomma, A. (2017) Coronary Heart Disease Risk Factors among University Female Students. Quality in Primary Care, 2017, 25 (4): 229-234. Aziz, HA (2017) Necrotizing Fasciitis caused by Streptococcus pyogenes: A case report and literature review of disease diagnosis and management. Arch Community Med Public Health 3(2): 058-061. DOI: http://dx.doi.org/10.17352/2455-5479.000026 Aziz, H. Can MLS Programs Offer a Personalized Education? (2017). ASCP's Critical Values, 2017; 10(3): el-e4. Doi: htips:Hdoi.org/10.1093/crival/vax016 Aziz HA and Elsharawy A. (2017) Evolution of Molecular Biology and Cancer: Crucial Turning Points and Startling Discoveries in a Continual Battle. Int J Cancer Cell Biol Res. 2017; 2(1): 009-013. Aziz, H. (2017) Comparison between Field Research and Controlled Laboratory Research. Arch Clin Biomed Res. 2017; 1 (2): 101-104 Aziz, H and Alshekhabobakr, HM. (2017) Health Informatics Tools to Improve Utilization of Laboratory Tests. Laboratory Medicine. 2017; 48 (2): e30—e35, https://doi.org/10.1093/labmed/lmw066 14 Aziz, H. (2017)A Review of the Role of Public Health Informatics in Healthcare. Journal of Taibah University Medical Sciences.12(1):78e81. https://doi:10.1016/j.jtumed.2016.08.01 I Aziz, H. (2016) Science and Mathematics Education in the GCC Countries. Teacher Education and Curriculum Studies. 1(2):39-42. haps://doi:10.11648/j.tecs.20160102.13 Aziz, H. (2016). Handling Big Data in today's Healthcare. Lab Medicine; 47(4): e38-e41. Doi: http:Hdx.doi.org/10.1093/labmed/lmwO38 Aziz HA, Guled A. (2016) Cloud Computing and Healthcare Services. JBiosens Bioelectron 7: 220. https://doi:10.4172/2155-6210.1000220. Aziz. H. (2016). Improving Healthcare Quality with Evidence-Based. JBiosens Bioelectron. 7:219. https://DOI:10.4172/2155-6210.1000219 Aziz HA. (2016). Using Health Information Technology to Enhance a Culture of Safety.J Biosens Bioelectron 7: 218.https://doi:10.4172/2155-6210.1000218 Al-Azwani, IK and Aziz, HA. (2016). Integration of Wearable Technologies into Patients' Electronic Medical Records. Quality in Primary Care 2016, 24 (4): 151-154. Malki, A., Mohsen, M., Aziz, H., Rizk, O., Shaaban, O., Elsayed, M., Sherif, Z., and Ashour, H. (2016). New 3-cyano-2-substituted pyridines induced apoptosis in MCF 7 breast cancer cells. Molecules 2016, 21, 230; https://doi:10.3390/molecules21020230 Althani, A., Marei, H., Saleem, W.,Nasrallah G., Zowalaty, M., Al Khdor, S., Al Asmakh, M., and Aziz, H. (2015). Human microbiome and its association with health and diseases. J Cell Physiol 2015 Dec 11. https://doi:10.1002/jcp.25284. Malki, A., Ashour, A., Elbayaab, R., Issabd, D., Aziz, H., and Chen, X. (2015). Novel 1, 5- diphenyl-6-substituted 1 H-pyrazolo [3, 4-d] pyrimidin-4 (5 H)-ones induced apoptosis in RKO colon cancer cells. JEnzyme Inhib Med Chem 2015 Dec 18:1-14. https://doi:10.4172/2168-9849.1000e 120 Aziz, H. (2015). Health Informatics-Introduction. Clin Lab Sci 2015;28(4):238-239 ht1ps://doi:10.29074/ascls.28.4.23 8 Aziz, H., Bearden, R.L., and Elmi, A. (2015). Patient-Physician Relationship and the Role of Clinical Decision Support Systems. Clin Lab Sci 2015;28(4):240-244. https://doi:10.29074/ascls.28.4.240 Aziz, H., and Madani, A. (2015). Evolution of the Web and its Uses in Healthcare. Clin Lab Sci 2015;28(4):245-249 https://doi:10.29074/ascls.28.4.245 15 Aziz, H., and Alsharabasi, O.A. (2015). Electronic Health Records: Uses and Malpractice Risks. Clin Lab Sci 2015;28(4):250-255 ht1ps://doi:10.29074/ascls.28.4.250 Aziz, H. and Abochar, H. (2015). Telemedicine. Clin Lab Sci 2015;28(4):256-259 https://doi:10.29074/ascls.28.4.256 Aziz, H., Nasrallah, G., Hussein, S., Moussa, H. (2015) First Study in Qatar to Reveal High Legionella Count in Cooling Towers.Am J Clin Pathol 2015;144:A219. (Abstract). https:Hdoi.org/10.1093/aj cp/144.suppl2.219 Luka, G.; Ahmadi, A.; NaJaran, H.; Alocilja, E.; DeRosa, M.; Wolthers, K.; Malki, A.; Aziz, H.; Althani, A.; Hoorfar, M. (2015) Microfluidics Integrated Biosensors: A Leading Technology towards Lab-on-a-Chip and Sensing Applications. Sensors 2015, 15, 30011- 30031 h1tps://doi:10.3390/sl51229783 Aziz, H. Healthcare and Education in Qatar. (2015)ASCP's Critical Values, 2015; 8(3): 32- 35, https:Hdoi.org/10.1093/criticalvalues/8.3.32 Malki AM, Aziz HA (2015)Novel Targeted Therapy for Lung Cancer: Revisited. Clon Transgen 4: e 120. https://doi:10.4172/2168-9849.1 000e 120 Malki, AM, Aziz HA, Mohsen MO (2015) Vascular Endothelial Growth Factor Inhibitors: Blocking Angiogenesis and Improving Outcomes. Clon Transgen 4:el 16. https://doi:10.4172/2168-9849.1000e 116 Mohsen, M., Malki, A., Aziz, H. (2015) Evidence-Based Medicine; Climbing a Mountain for a Better Decision-Making, Integrative Molecular Medicine. Integr Mol Med, 2015; 2(3): 150- 153. https://doi:10.15761/IMM.1000132 Aziz, H. and Mohsen, M. (2015) The Blue Button Project: Engaging Patients in Healthcare by a Click of a Button. Perspectives in Health Information Management(Spring 2015): 1-7. http://perspectives.ahima.org/the-blue-button-prof ect-engaging-patients-in-healthcare-by-a- click-of-a-button/#.VSFzjPmUc lZ Malki, A., Mohsen, M., Aziz, H. (2015) "Breakthrough Therapies" for Breast Cancer Metastasis. J Genet Syndr Gene Ther. 6: e131. http://dx.doi.org/10.4172/2157- 7412.1000el31 ElObeid, T., Aziz, A., Mousa, R., and Alzahiri, A. (2014) Survey on the Microbial Quality of Traditional Foods Sold by Street Vendors in Qatar.Austin JNutr Metab. 2014;1(2): 4. 16 Armstrong, M and Aziz, H. (2012) Blood Sample Processing: Clinical Perspectives on Recent Developments in Technology and Laboratory Operations, Laboratory Medicine, 43(1) 7-10 https://doi.orW10.1309/LMFTVW4QCEVVHOAF Aziz, H. (2010) Biological Response Modifiers. Advance for Medical Laboratory Professionals, 22(11). Taylor, R. and Aziz, H. (2009) Strongyloides stercoralis: A case study. Medical Laboratory Observer, 41(11). Martin, T. and Aziz, H. (2009)Bacteroides fragilis: A Case Study of Bacteremia and Septic Arthritis. Clinical Laboratory Science, 22(3). Wyatt, D., Aziz, H., Mahoney, S. and Gilman, F. (2008) Student Criminal Background Checks in Colleges of Allied Health. Journal of Allied Health. 37(2): e69-e80. Aziz, H. (2008) Role of Vaccines in Healthcare: Tracing Immunology's Progression throughout History.Advance for Medical Laboratory Professionals. 20(3). Aziz, H. and Anderson, L. (2007) New Hire: Best Fit or Misfit Body? Clinical Leadership and Management Review. 21(3). Nelson, M. and Aziz, H. (2007) Direct Inoculation Osteomyelitis Due to Eikenellacorrodens Following Oral Radiation Therapy. Clinical Laboratory Science. 20(1). Fitch, C., Aviles, J., Minnifield, A., Pauldo, C., and Aziz, H. (2007) Criminal Background Checks. Advance for Medical Laboratory Professionals. 19(3). Aziz, H. (2007) Medical Lab: Healthcare's Diagnostic Engine (Interview).Advance for Medical Laboratory Professionals. 19(1). Eckert, B., and Aziz, H. (2006)Partnerships to Address the CLS Workforce Shortage in Georgia. ASCLS Today. 20(10). Goodrum, R., Miller, E., Reeves, R., and Aziz, H. (2006) Direct Access Testing: The Way of the Future. Advance for Medical Laboratory Professionals. 18(17). Aziz, H. (2006) Influenza and the Role of the Medical Laboratory. In-Service Reviews in Clinical Laboratory Science, 19(8). Standiford, D. and Aziz, H. (2005) Emerging pathogens and revisted Prevention Strategies for the Clinical Environment. Orthopedic Nursing, 24(6). Aziz, H. (2005) Chlamydia: The silent infection. In-Service Reviews in Clinical Laboratory Science, 18(10). 17 Boswell, E. and Aziz, H. (2004) Blastomycosis: A case study of a dimorphic fungal disease. Clinical Laboratory Science. 17(3). Aziz, H. (2004) Adding the Human Touch to e-Learning.Advance for Medical Laboratory Professionals. 16(4). Boswell, L., Aziz, H. and Hardegree, H. (2003) HELLP Syndrome: A Laboratory Perspective. Tech Sample. American Society for Clinical Pathology. Hematology No. H-3, 2003. Aziz, H. (2002) The History of Syphilis. Advance for Medical Laboratory professionals. 14 (17). Aziz, H., Beck, C., Lux, M., &Hudson, J. (2001)A Comparison Study of Different Methods Used in the Detection of Giardia lamblia. Clinical Laboratory Science, 14 (3). Non-Peer Reviewed: Aziz, H. (2022) Patient Safety—Shifting the Blame.ASCLS Today. 36 (4). Aziz, H. (2022) Community—Do you like your Profession?ASCLS Today. 36 (3). Aziz, H. (2022) Professional Visibility—Major or Career.ASCLS Today. 36 (2). Aziz, H. (2022) Advancing Diversity, Equity, and Inclusion (DEI) in Healthcare. ASCLS Today. 36 (1). Aziz, H. (2021) Professional Advocacy. ASCLS Today. 35 (6). Aziz, H. (202 1) Professional Growth. ASCLS Today. 35 (5). Aziz, H. (202 1) Leading ASCLS into the Future. ASCLS Today. 35 (4). The Role of Laboratory Testing in the COVID-19 Pandemic. Webinar. April 22, 2020. https://www.uthsc.edu/health-professions/covid-19/webinar/laboratory-medicine php Bostic, D. and Aziz, H. CLEC 2020: Who's Coming and What's New?ASCLS Today. 34 (1). Aziz, H. (2011) Encouraging Students: An Educator's Perspective. Webcast. Advance for Medical Laboratory Professionals, htti)://Iaboratorian.advanceweb.com/MultimediaAVebcasts/Encouraging-Students-An-Educators Perspective.aspx Adams, E. and Aziz, H. (20 10) Coughing Up a Caterpillar.ASCLS Today. 24 (7). Aziz, H. (2010) Are you a Leader?ASCLS Today. 24 (2). 18 Aziz, H. (2010) Interview Jitters. Interview.Advance for Medical Laboratory Professionals, 22 (2). Aziz, H. (2007) Leaders Among Us. Guest Editorial. Advance for Medical Laboratory Professionals, 19 (11). Aziz, H. (2005) Professionalism Starts at School.Advance for Medical Laboratory Professionals, 17 (6). Aziz, H. (2002) Student Professionalism. ASCLS Today. 16 (4). Aziz, H. (200 1) Grow Your Own Lab Personnel—Take Two.Advance for Medical Laboratory Professionals, 13 (21). Aziz, H. (200 1) Words of Thanks. Clinical Leadership and management Review, 15 (5). Peer-Reviewed Books: Aziz, H. (2008). Assessment of Laboratory Safety Knowledge among University Students. Saarbrucken, Germany: VDM Verlag Dr. Muller Aktiengesellschaft & Co. Chapters in Scholarly Books: Aziz, H. (2022). Legionella. In P. Tille (Ed.), Bailey & Scott's Diagnostic Microbiology, 15th edition. St. Louis, MO: Elsevier. Aziz, H. (2022). Quality in the Clinical Microbiology Laboratory. In P. Tille (Ed.), Bailey & Scott's Diagnostic Microbiology, 15th edition. St. Louis, MO: Elsevier. Aziz, H. (2022). Infection Control. In P. Tille(Ed.), Bailey & Scott's Diagnostic Microbiology, 15' edition. St. Louis, MO: Elsevier. Aziz, H. (2022). Sentinel Laboratory Response to Bioterrorism. In P. Tille (Ed.), Bailey & Scott's Diagnostic Microbiology, 15th edition. St. Louis, MO: Elsevier. Aziz, H. (2017). Legionella. In P. Tille(Ed.), Bailey & Scott's Diagnostic Microbiology, 14th edition. St. Louis, MO: Elsevier. Aziz, H. (2017). Quality in the Clinical Microbiology Laboratory. In P. Tille (Ed.), Bailey & Scott's Diagnostic Microbiology, 14th edition. St. Louis, MO: Elsevier. Aziz, H. (2017). Infection Control. In P. Tille (Ed.), Bailey & Scott's Diagnostic Microbiology, 14th edition. St. Louis, MO: Elsevier. Aziz, H. (2014). Supplement Contributor. In Hoyt, R., & Yoshihashi, A. Health Informatics: Practical Guide for Healthcare and Information Technology Professionals (6th ed.). Lulu Press, Inc. 19 Aziz, H. (2014). Quality in the Clinical Microbiology Laboratory. In P. Tille (Ed.), Bailey & Scott's Diagnostic Microbiology, 13th edition. St. Louis, MO: Mosby Elsevier. Aziz, H. (2014). Infection Control. In P. Tille (Ed.), Bailey & Scott's Diagnostic Microbiology, 13th edition. St. Louis, MO: Mosby Elsevier. Aziz, H. (2013). The Amebas. In E. Zeibig (Ed.), Clinical Parasitology, 2nd edition. Philadelphia, PA: W.B. Saunders. Aziz, H. (2011). Safety. In K. Kizer, W. Payne and T. Taft(Ed.), Clinical Laboratory Microbiology: A Practical Approach (pp 105-124). Upper Saddle River, NJ: Pearson Education. Aziz, H. (2011). Cardiovascular System. In K. Kizer, W. Payne and T. Taft (Ed.), Clinical Laboratory Microbiology: A Practical Approach (pp 841-864). Upper Saddle River,NJ: Pearson Education. Aziz, H. (2011). Skeletal System. In K. Kizer, W. Payne and T. Taft(Ed.), Clinical Laboratory Microbiology: A Practical Approach(pp 1019-1033). Upper Saddle River, NJ: Pearson Education. Aziz, H. (2004). Fraud and Abuse. In J. Hudson (Ed.), Principles of Clinical Laboratory Management (pp. 129-133). Upper Saddle River,NJ: Prentice Hall. Book Reviews: Herne Notes: A Pocket Atlas of Cell Morphology. (2013). Philadelphia, PA: F.A. Davis Company. Anderson, S. and Poulsen, K. (2013). Anderson's Atlas of Hematology and Anderson's Electronic Atlas of Hematologic Disorders, 2nd ed. Philadelphia, PA: Lippincott Williams & Wilkins. Sunheimer, R. and Graves, L. (2011) Clinical Laboratory Chemistry. Upper Saddle River, New Jersey: Pearson. Civalla, A. (2009). Success! In Clinical Laboratory Science. 4th Edition. Stevens, C. (2009). Clinical Immunology and Serology: A Laboratory Perspective, 3rd ed. Philadelphia, PA: F.A. Davis Company. Harmening, D. (2009). Clinical Hematology & Fundamentals of Hemostasis, 5' ed. Philadelphia, PA: F.A. Davis Company. Ciesla, B. (2007). Hematology in Practice. Philadelphia, PA: F.A. Davis Company. 20 Forbes, F, Salim, D. and Weissfeld, A. (2007). Bailey & Scott's Diagnostic Microbiology, 12"' ed. St. Louis, MO: Mosby. 21 CITY OF CORPUS CHRISTI Submit Date:Jan 12, 2023 Application for a City Board, Commission, Committee or Corporation Profile Kelsey M Dahlbeck First Name Middle Initial Last Name Email Address 1125 Logan Ave 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? 7 Mobile: (512) 590-9031 Business: (361) 881-1381 Primary Phone Alternate Phone HR Specialist-Volunteers, Texas-State Aquarium _Engagement and_DEA&I_ _ 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 Vdnicoxi AA nnhlhorrl- Work Phone NA Work E-mail address kdahlbeck@txstateaq.org Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES: 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) Graduated cum laude from Texas A&M University Corpus Christi with a Bachelors in Sociology and a minor in Social Work Previously employed at the Corpus Christi State Supported Living Center from 2020- 2022;worked in Quality Assurance and Community Relations departments Served from 2021-2022 as a staff liaison and social media manager for the 501 c3 non-profit"The Volunteer Services Council of the CCSSLC". This organization's mission was to better the lives of the adults who reside at the Corpus Christi State Supported Living Center. Currently employed as the Volunteer, engagement and DEA&I coordinator at the Texas State Aquarium. In this current role, I will have the opportunity to further TSA's "Aquarium for All" initiatives, as well as, support other organization's progress towards removing barriers in accessibility within our community. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) N/A Why are you interested in serving on a City board, commission or committee? Ever since I began my bachelor's degree, I have had a passion for social justice and advocacy. After graduation, I began working with individuals with disabilities and realized that advocating alongside that population is a passion of mine. I believe that the Committee for Individuals with Disabilities is an impactful platform for advocacy and agent of change. In my current role at the Aquarium, I am encouraged by leadership to venture out into the community and assist with the implementation of positive change. I am very thankful for the opportunity to apply for a position within this committee. Vialcov M nnhlhor-ls Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A N/A 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 Vniciaw KA rinhlhoi-U 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) Verification Vnlcoxi NA nnhlhorls 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. rJ 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. fJ 1 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. li I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. p I Agree Wolcoxi KA nnhlhorlr 1125 Logan Ave 512-590-9031 Kelsey Dahlbeck My career objective is to find and work for a company that has a passion for community engagement, DEA&I compliance, and volunteerism. I believe that my formal education, creativity, and work experience have prepared me to succeed and make a great impact in a work environment that strives for these things. Skills • Organized and detail oriented Proficiency in Microsoft Office • Works well in large and small groups applications • Positive and enthusiastic • Proficiency in Social Media management • Self-starter and motivated Experience OCTOBER 2021-PRESENT HR Specialist-Volunteers, Engagement and DEA&I / Texas State Aquarium Worked underneath minimal supervision from the Director of HR & Operations, Oversaw the recruitment, onboarding, recognition, performance management, leave and management of all volunteers. Coordinated all diversity, inclusion and engagement initiatives for TSA and its staff. OCTOBER 2021-DECEMBER 2022 Assistant Director of Community Relations / Corpus Christi State Supported Living Center Community Relations staff serve as the liaison between the facility and the community. Additionally, I oversee creating content for and running all facility social media pages. I work alongside a 501-c3 non-profit organization and coordinate fundraisers and donations for resident benefit. JANUARY-OCTOBER 2021 Inspector V/ Corpus Christi State Supported Living Center Worked underneath the Director of Quality Insurance. Oversaw the quality assurance and management of the facility, with a direct focus on the Habilitative Therapy department. Conducted daily facility rounds and observations to ensure all facility operations followed state and agency policies. Education AUGUST 2016-2020 Bachelor of Arts in Sociology / Texas A&M University-Corpus Christi Minored in Social Work and graduated Cum Laude with a 3.504 GPA 1 Activities Staff Liaison & Social Media Coordinator for VSC - Fall 2021 to Winter 2022 2 CITY OF CORPUS CHRISTI Submit Date: Sep 21, 2022 Application for a City Board, Commission, Committee or Corporation Profile Ms. Sandra L Flores Prefix First Name Middle Initial Last Name Email Address 4458 Christie St Street Address Corpus Christi TX 78415 City Slate 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? 30 Mobile: (361) 944-0726 Business: (361) 883-8461 Primary Phone Alternate one Coastal Bend Center for Independent Living IL Specialist _ Employer Job Title Work Address- Street Address and Suite Number 1537 7th St Work Address - City Corpus Christi Work Address - State Tx Work Address -Zip Code 78404 AAc Cnnrlrn I Mr%roc Work Phone 361-883-8461 Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES: 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) Nursing degree-LVN. Head a support group for Amputees I currently work for the Coastal Bend Center for Independent Living. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Committee for persons with Disabilities Why are you interested in serving on a City board, commission or committee? It has always been a passion of mine to help others. As a nurse I was able to do that. Now that I am disabled, my passion to help others in similar conditions, like myself,is just as strong if not stronger than ever. I currently work for the Coastal Bend Center for Independent Living where I am able to help others with disabilities 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 KAc Cnnrlrfa I Clnroc Demographics Gender V 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 Board-specific questions (if applicable) AAc Qnnrdrn I Mrirnc 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 hAc Cnnrlrn I Mrirnc 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 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. (� I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. P I Agree KAc CnnrJrn I Clnroc 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) 549-3686 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 rhric 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? COMMITTEE FOR PERSONS WITH DISABILITIES: 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) 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? 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. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No (`hric A Donn 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) (`hric 0 Donn 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? t: Yes 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? r Yes r 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 Dong 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 ADVISORY COMMITTEE One member shall be a representative of the City's extraterritorial jurisdiction if impact fees are proposed. Do you qualify? r Yes c: 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 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. V I Agree ('hric A Dona 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, TexasfGOM 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 Simops 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 Exhort 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 Biclfoot Hook un 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 RZ 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-INCIDENTAND INJURYFREE(IIF)TRAINER -ADVANCED SAFETYAUDIT TRAINED &SAFETY SUPERVISOR LEADER-OSHA(10)&(30)HOUR COURSE' MEDIC FIRSTAID cot CPR -INDUSTRIAL HYGIENE-HAZMATERIAL'HUMAN PERFORMANCE TRAINER •Y-TREEACCIDENT INVESTIGATION-SHELL TAPROOT N SHELL DECISION POINT TRAINING,FIVE WHYACCIDENT INVESTIGATION TRAINED-IMPLEMENTATION AND AUDIT OF HSE MANAGEMENT SYSTEMS'MEDIC FIRSTAID TRAINED -RESPIRATORY PROTECTION -ADOBEACROBAT'VIZIOTECHNICAL A' 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: Dec 24, 2022 Application for a City Board, Commission, Committee or Corporation Profile MRS_ RACHEL M PITTMAN Prefix First Name Middle Initial Last Name Email Address 13941 KETCH ST Street Address - CORPUS CHRISTI TX 78418 City Slate 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? 5 Home: (361) 429-8587 Home: (361) 429-8587 Primary Phone Alternate Phone Reemp DSD Inc __ _ OWNER/PRESIDENT__- Employer Job Title Work Address- Street Address and Suite Number 13941 KETCH ST Work Address- City CORPUS CHRISTI Work Address -State TX Work Address - Zip Code 78418 KADC C?ArWr:I KA DITTAADnI Work Phone 3614298587 Work E-mail address REEMPDSD@GMAIL.COM Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES: 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) BACHELOR DEGREES IN BUSINESS ADMINISTRATION AND ORGANIZATIONAL LEADERSHIP FROM COLUMBIA SOUTHERN UNIVERSITY. OWNER REEMP DSD INC IN CORPUS CHRISTI TX 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 PADRE ISLES MANAGEMENT CONVENTION AND VISITORS PARKS AND REC COMMITTEE FOR PERSONS WITH DISABILITIES Why are you interested in serving on a City board, commission or committee? LIVING ON THE ISLAND, WE ARE HEAVILY INVESTED IN OUR COMMUNITY. IT IS MY INTENT TO CONTINUE THAT ENDEAVOUR TO MAKE OUR COMMUNITY BETTER FOR EVERYONE. JOINING A BOARD, ALLOWS ME ANOTHER OPPORTUNITY TO GIVE BACK AND TO HELP CONTINUE MAKING OUR CITY EVEN BETTER FOR EVERYONE. Are you an ex-Officio member of a City Board, commission or committee? r Yes c: No KADQ DA('WM RA DITTKAAnI Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender V 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 AAD(Z DAr'I-IGI AA DITTNAAnI If you answer"Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? V None of the above 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? V None of the above Verification KADC DAA— I[71 AA DITTKAAnI 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. 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 KADC DA('WM AA DITTKADnI CITY OF CORPUS CHRISTI Submit Date:Jan 17, 2023 Application for a City Board, Commission, Committee or Corporation Profile Dr. Jennifer Scott Prefix First Name Last Name Email Address 138 Richard St. Street Address Corpus Christi TX 78415 City State Postal Code What district do you live in? W District 2 Current resident of the city? r Yes r No If yes, how many years? >2 Home: (361) 510-0672 Home: (361) 510-0672 Primary Phone Alternate Phone Choice Living Community_ Executive_Director - - Employer Job Title Work Address - Street Address and Suite Number 3875 S. Staples St Work Address- City Corpus Christi Work Address- State TX Work Address - Zip Code 78411 nr lonnifor Crntt Work E-mail address admin@choiceliving.org Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: I am the current Chair for the Committee for Persons with Disabilities applying for reappointment. Education, Professional and/or Community Activity (Present) Doctorate in Special Education Currently run a center for adults with disabilities If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) No other boards Why are you interested in serving on a City board, commission or committee? have been serving on this committee and recently took over as chair and would like to continue the work we started. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r• No Do you currently serve as an elected official for a non-city public office? r Yes r No rlr lonnifnr Qnntt Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A NA 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 c: No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r• No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO"to all questions above, please enter N/A. NA Board-specific questions (if applicable) nr Innnifor Crntt Verification City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. V I Agree City Code Requirement-Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. V I Agree nr lonnifor Crntt 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 1 seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. 9 1 Agree Oath 1 swear that all of the statements included in my application and attached documents, if any, are true and correct. 11 I Agree nr lnnnifnr Qnntt JENNIFER SCOTT, EdD W (361) 510-06721T 138 Richard St. Corpus Christi, TX 784151 Q Jennifer.cooDer@alumni.twu.edu Q https://www.11nkedin.com/in/iennifer-cooper-m-ed-9la5l2l34/ PROFESSIONAL PROFILE An enthusiastic, dynamic, and dedicated educator with several years of experience as a Special Education Teacher. Passionate and committed to safeguarding and advocating for the education and well-being of students at all levels. Track record of excellent curriculum/course design and development and the facilitation of exemplary instruction to students of varying backgrounds and learning needs. An expert in the fields of special education, organizational leadership, and teacher burnout. Exceptional interpersonal and intrapersonal skills with a wealth of experience building partnerships with colleagues, parents, and scholars. Willing and excited to build research experience and publications. Eager and prepared to secure a full-time position at an institution of higher learning. EDUCATION EdD, Organizational Leadership Concentration: Special Education Northcentral University Dissertation: "Perceptions of Texas Secondary Special Education Teachers Regarding the Influence of Burnout: A Qualitative Single Case Study" 2019 MEd, Culturally and Linguistically Diverse Learner Concentration: Special Education University of Texas-Pan American 2015 BA, General Studies Concentration: Dance, Women's Studies, and Sociology Texas Woman's University 2014 RESEARCH AND TEACHING INTERESTS Curriculum Development Teaching Strategies Autism Professional Development Teacher Retention Learners with Special Needs Special Education Burnout Among Special Students with Emotional & Mentoring Education Teachers Behavioral Disorders Standardized Testing Behavior Management Inclusion CERTIFICATIONS EC-12 Special Education Certification, Texas Education Agency, 2014 Description: Highly qualified in the area of special education and the ability to teach Special Education in grades 1-12. EC-6 Generalist Certification, Texas Education Agency, 2014 Description: Certified in General Education and can teach core content areas in grades 1-6. CITI Program, 2018 Description: Foundational training in human subjects' research. Jennifer Cooper Scott Jennifer.cooper@alumni.twu.edu,Page 2 TEACHING EXPERIENCE Adjunct Professor/Lead Advisor—Education March 2020—present University of New England • Teach online graduate courses via Blackboard within the field of education • Planning and participating in online class discussions • Grading papers, assignments, class discussions, exams, and quizzes • Create a supportive and effective online learning environment for all students • Assessing grades for students based on participation, performance in class, assignments, and examinations • Collaborating with colleagues on course curriculum • Advising students on how to be successful and achieve goals • Staying updated on innovations and changes within education • Participating in professional development activities Special Education Teacher July 2018-June 2019 Cy Park High School, Cypress, TX • Adapt learning materials based on the needs of the student and facilitate the implementation of accommodations • Provide physical and instructional needs to special education students with mild to moderate disabilities in grades 9-12 • Teach classroom programs including self-help, behavior management, functional, and academic programs. • Supervise staff Special Education Teacher August 2015-July 2018 Tompkins High School, Katy, TX • Provided physical and instructional needs to special education students with moderate to severe and profound disabilities in grades 9-12 • Mentored first-year teachers • Supervise staff Special Education Teacher August 2014-August 2015 Tipps Elementary, Cypress, TX • Identified lessons following the evaluation of student needs • Provided physical and instructional needs of special education students with disabilities in grades 1-5 • Implemented classroom programs including self-help, behavior management, and instruction programs RELEVANT PROFESSIONAL EXPERIENCE—CONTRACT Special Education Content Expert—Dissertation Committee Member July 2019 - Present Grand Canyon University • Provide specific special education content feedback in the prospectus and dissertation phase • Participate in proposal and dissertation defense call Jennifer Cooper Scott, Jennifer.coo12ergg1umni.twu.edu,Page 3 Special Education Subject Matter Expert (SME) January 2021 —February 2021 Western Governor's University • Performance Assessment review of Special Education courses • Provide in-depth knowledge of special education content Special Education Subject Matter Expert (SME) January 8, 2020—February 28, 2020 Western Governor's University • Assist in program and curriculum development for the Performance Assessment Development: Fundamentals of Diverse Learners program • Review and assist in creating the Mursion Virtual classroom content • Assist in creating and writing course content • Provide in-depth knowledge of special education content Special Education Subject Matter Expert (SME) September 2019—October 2019 Western Governor's University • Assisted in program and curriculum development for the Performance Assessment Development: Fundamentals of Diverse Learners program • Reviewed and validated course and module curriculum to adhere to CEC industry standards • Assisted in creating and writing course content • Provided in-depth knowledge of special education content Special Education Subject Matter Expert (SME) July 2018-November 2018 Western Governor's University • Assisted in program development and review for the special education program • Reviewed and validated course and module curriculum to adhere to CEC industry standards • Assisted in creating and writing course content • Provided in-depth knowledge of special education content PROFESSIONAL EXPERIENCE Founder/Executive Director August 2019—Present Choice Living Community • Design and development of the nonprofit for adults with disabilities • Implementation of policies and procedures for the Board of Directors • Cultivating community relationships and development of community efforts to assist adults with disabilities • Grant writing • Collaboration of affiliates that will enhance organizational value Jennifer Cooper Scott,Jennifer.cooper@alumni.twu.edu,Page 4 SERVICE & AFFILIATIONS Chair—Committee for Persons with Disabilities, Corpus Christi, 2022 - present Article Reviewer,New Teacher Advocate, Kappa Delta Pi, 2019-Present Member, Kappa Delta Pi, 2018-Present Sponsor, Texas Association for Future Educators, 2018- 2019 Sponsor, Chick-fil-a Leadership Academy, 2018-2019 Member, Transition Committee, Katy Independent School District (ISD), 2017-2018 Sponsor, Best Buddy International, 2016-2018 Site Administrator, Special Education Teachers Research, 2015-Present Member,National Association of Special Education Teachers (NASET), 2015-Present Member, The Association of Texas Public Educators (ATPE), 2014-Present Site Administrator, The ABC's of Special Education, 2019—Present PROFESSIONAL DEVELOPMENT Secondary Life Skills Institute-Region IV, Dimension 1.1: Standards and Alignment, Dimension 1.2: Data and Assessment, Dimension 2.2: Content Knowledge and Expertise, Dimension 2.4: Differentiation, Dimension 3.1: Classroom Environment, Routines and Procedures, Dimension 3.2: Managing Student Behavior, 2015-2016 HONORS & AWARDS Dean's List, Texas Woman's University, 2014 PRESENTATIONS Scott, Jennifer. (2020, February). Factors of Burnout. Texas Computer Education Association (TCEA); Austin Convention Center-Austin, Texas https://register.tcea.org/session list.cfm PUBLICATIONS Scott, J.C. (2019). Perceptions of Texas secondary special education teachers regarding the influence of burnout: A Qualitative single case study. Books: Scott, Jennifer C., The ABC's of Special Education. Lulu Publishing. 2019. Scott, Jennifer C., Teaching with Anxiety. Lulu Publishing. 2019. Scott, Jennifer C., Working with Paraeducators in the Classroom. Lulu Publishing. 2019. Web-Based Writing: Writer— October 2019—February 2020 - Life Skills Advocate - https://Iifeskillsadvocate.com/blog REFERENCES Upon Request Jennifer Cooper Scott, lennifer.cooper oalumni.twu.edu,Page 5 CITY OF CORPUS CHRISTI Submit Date:Jan 31, 2023 Application for a City Board, Commission, Committee or Corporation Profile Dr. Ashley P Voggt PhD Prefix First Name Middle Initial Last Name Suffix Email Address 1802 Ennis Joslin Rd #536 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? 3 Mobile: (336) 688-4615 Mobile: (336) 688-4615 Primary Phone Alternate Phone Texas A&M University-Corpus Assistant Professor of Special Christi, Education Employer Job Title Work Address - Street Address and Suite Number 6300 Ocean Dr Work Address- City Corpus Christi Work Address - State TX Work Address-Zip Code 78412 nr Achickw D Wnrrrvt Dhn Work E-mail address ashley.voggt@tamucc.edu Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES: 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) Education: I am an Assistant Professor of Special Education at TAMU-CC. My expertise in content focuses on providing services and supports for people with disabilities requiring extensive supports. currently train teachers how to effectively teach this specific population of students across a variety of settings. Professional: I participate in national organizations such as The Association for Persons with Severe Handicaps (TASH); Council for Exceptional Children (CEC); CEC Division on Autism and Developmental Disabilities (DADD); and CEC Division on Career Development and Transition (DCDT). Community Activity: I work with Dr.Jennifer Scott on an assessment of the state of the City's Accessibility for people with disabilities. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Committee for Persons with Disabilities Why are you interested in serving on a City board, commission or committee? According to the National Longitudinal Transition Study 2, outcomes in education, employment, and independent living have been historically worse for people with disabilities when compared to people without disabilities (Lipscomb et al., 2017). It is my life's work to do my part to improve these outcomes, level the playing field, and break barriers. As an Assistant Professor of Special Education at TAMUCC, I work to improve the outcomes for people with disabilities by training quality teachers to implement effective practices that meet the needs of those who require extensive supports. As a researcher, one example of the work I do highlights effective practices to improve outcomes for transition-aged youth by building self-determination skills. I moved to Corpus Christi in 2020 to take the position at TAMUCC and now I would like to extend this work by becoming more involved in this community directly. As a member of the Committee for Persons with Disabilities, my goal would be to collaborate with other committee members to first understand the needs of persons with disabilities across the city. One way this is possible is through the current survey on the state of the City's accessibility. When we understand where there are barriers,we can collaborate as a committee to overcome those barriers. nr Achloxi D Wnnnt Dhn Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r• Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A N/A Demographics Gender 9 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 nr ochio.i D Wnrint Dhn 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) Verification flr ochio., D Wnrint Dhrl City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement- Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree flr Achinx/ D Wnnnt Dhn ASHLEY P.VOGGT,PhD Curriculum Vita College of Education and Human Development Department of Curriculum, Instruction, and Learning Sciences Texas A&M University—Corpus Christi 6300 Ocean Dr. Corpus Christi, TX 78412 Phone: (361) 825-2272 Email: ashley.voggtAtamucc.edu EDUCATION AND PROFESSIONAL CREDENTIALS Degrees PhD 2020 University of North Carolina at Charlotte Special Education MAT 2016 University of North Carolina at Charlotte Special Education BA 2010 University of North Carolina Wilmington Psychology Licensures State of North Carolina Professional Educator's License Special Education: Adapted Curriculum #1169730 Certifications Association of College and University Educators Certification in Effective College Instruction(May 2022) PROFESSIONAL EXPERIENCE 2020—Present Texas A&M University—Corpus Christi Assistant Professor, Special Education 2018-2020 University of North Carolina at Charlotte Research Assistant for National Technical Assistance Center on Transition 2017-2018 University of North Carolina at Charlotte Research Assistant for Department of Reading and Elementary Education 2016-2017 Phoenix Academy,High Point,NC Exceptional Children's Teacher 2013-2016 Wheatmore High School, Trinity,NC Exceptional Children's Teacher UNIVERSITY TEACHING Texas A&M University—Corpus Christi Spring 2022 SPED 5320/6320 Applications of Learning Principles (Graduate) Spring 2022 SPED 5380 Behavioral Supports and Interventions for Students with Disabilities (Graduate) 1 Voggt, A. P. Fall 2022 SPED 4345 Behavioral Interventions and Supports (Undergraduate) Fall 2022 SPED 5319/6319 Introduction to Low Incidence Disabilities Spring 2022 SPED 5320/6320 Applications of Learning Principles (Graduate) Spring 2022 SPED 5380/6380 Behavioral Supports and Interventions for Students with Disabilities (Graduate) Spring 2022 SPED 2397 Special Education Field Experience (Undergraduate) Fall 2021 SPED 4345 Behavioral Interventions and Supports (Undergraduate) Fall 2021 SPED 5319/6319 Introduction to Low Incidence Disabilities (Graduate) Summer 11 2021 SPED 4345 Behavioral Interventions and Supports (Undergraduate) Summer 12021 SPED 5321 Supporting Access for Students with Low-Incidence Disabilities (Graduate) Summer 12021 SPED 3340 Individuals with Severe Disabilities (Undergraduate) Summer 12021 SPED 5340 Individuals with Exceptionalities (Graduate) Spring 2021 SPED 5320/6320 Applications of Learning Principles (Graduate) Spring 2021 SPED 5315/6315 Individuals with Exceptionalities (Graduate) Spring 2021 SPED 2397 Special Education Field Experience (Undergraduate) Fall 2020 SPED 4345 Behavioral Interventions and Supports (Undergraduate) Fall 2020 SPED 5319 Introduction to Low Incidence Disabilities (Graduate) University of North Carolina at Charlotte Fall 2019 SPED 4316 Transition Planning and Service Delivery (Undergraduate, Co-teacher) Spring 2019 SPED 5316 Transition Planning and Service Delivery (Graduate, Co-teacher) Summer 2018 SPED 2100 Introduction to Students with Special Needs (Undergraduate, Co-teacher) Fall 2017 SPED 4270 Classroom Management (Undergraduate, Co-teacher) INVITED GUEST LECTURES Fall 2022 Birdwell,J. &Voggt,A. P. Guest Lecture for EDUC-4605 Planning, Teaching, Assessment(Differentiation in Practice). Summer 2022 SPED 8699 Dissertation Proposal Seminar, guest lecture at UNC Charlotte (Early Career Faculty) Summer 2021 SPED 8699 Dissertation Proposal Seminar, guest lecture at UNC Charlotte 2 Voggt, A. P. (First Year as Faculty) Summer 2020 SPED 8699 Dissertation Proposal Seminar, guest lecture at UNC Charlotte (Applying for Faculty Jobs) Spring 2019 SPED 3175 Instructional Planning in Special Education, guest lecture at UNC Charlotte (Transition Assessment and Planning) Spring 2019 SPED 3173 Assessment in Special Education, guest lecture at UNC Charlotte (Intellectual Disability and Adaptive Behavior Assessment) Spring 2019 SPED 3173 Assessment in Special Education, guest lecture at UNC Charlotte (Behavioral Assessment) Fall 2018 SPED 3173 Assessment in Special Education, guest lecture at UNC Charlotte (Transition Assessment) Fall 2018 SPED 8471 Professional Writing in Special Education, guest lecture at UNC Charlotte (Research Techniques; Conducting Literature Reviews) Spring 2018 EDUC 3789 Seminar: Honors in Education, guest lecture at UNC Charlotte (Experiences in Master's and Doctoral Programs) Spring 2018 RSCH 7113 Single-Case Research, guest lecture at UNC Charlotte (Single-Case Research Study Example) PUBLICATIONS Book Chapters Traga Philippakos,Z. A., &Voggt,A. P. Dialogic interactions across the implementation of cognitive and metacognitive strategies in genre-based writing and learning.Empowering and Engaging Students Through Academic Discourse. Mazzotti, V. L.,Test,D. W.,Voggt,A. P., & Gadd, S. R. (2020). Evidence-and research-based transition predictors and practices: Identification and implications. In K. A. Shogren&M. L. Wehmeyer (Eds.),Handbook of adolescent transition education for youth with disabilities(2nd ed.,pp 47-60). Routledge. Agrawal, J.,Hoag,G.,Toms, O.,Jolly, A., Reyes, E., &Voggt, A. P. (2021). Mathematics and Literature. In G. D. Campbell-Whatley, D. Rodriguez, &J. Agrawal(Eds.),STEAM meets story: Using adolescent fiction and film to spark deeper learning. Teachers College Press. Peer-Reviewed Journal Articles Traga Philippakos,Z.A.,Voggt,A.,Bell, S.,Munsell, S., &Maples,A. (2022). Teachers' online instructional practices and challenges during COVID-19: Teacher preparation and professional development.Reading and Writing Quarterly. Available online first: https:Hdoi.org/10.1080/10573569.2022.2142922. Agran, M., McKissick, B., McCarthy, S., Spooner,F., &Voggt,A. P. (2022). A"Snapshot" of Current Practices: Examining How a Sample of Students with Intellectual and Developmental Disabilities are Exhibiting Self-Determination.Inclusion. Manuscript under review. Traga Philippakos,Z. A.,Roccom, L.,Voggt A. P., Blake, K. (2022). Teachers' academic, social emotional challenges, and requests for supports: "We are All Burnt Out and Hanging By a Thread". SSRNElectronic Journal. 10.2139/ssrn.4264626. Voggt. A. P.,Wood, C. L., Mazzotti, V. L., &Chang,W. (2022)Function-Based, Computer-Assisted SDLMI impact on on-task behavior for youth with extensive support needs. Manuscript in preparation. 3 Voggt, A. P. Voggt. A. P.,Wood, C. L., Mazzotti,V. L., &Chang,W. (2022)Increasing self-determination knowledge and levels for youth with extensive support needs using Function-Based, Computer-Assisted SDLMI. Manuscript in preparation. Voggt, A. P. (2022). A practitioner's implementation guide for function-based, computer-assisted SDLMI. Manuscript in preparation. Kutscher, E.,Mazzotti,V. L.,McDaniel, S. L.,Bumble, J. Zeng,W., Reardon, K., &Voggt,A. (2022). Mixed methods research in secondary transition: A systematic review. Manuscript in preparation. Voggt,A. P., &Keller,M. (2022).Behavior chain interruption strategy: A systematic review of literature. Manuscript in preparation. Voggt,A. P., &Keller,M., Sherrod,A. (2022). Establishing behavior chain interruption strategy as an evidence-based practice. Manuscript in preparation. Voggt,A. P., &Keller,M. (2022). Increasing social skills in employment settings for adults with intellectual disabilities using behavior chain interruption strategy. Manuscript in preparation. Voggt, A. P. (2022). A practitioner's implementation guide for behavior chain interruption strategy. Manuscript in preparation. Muharib,R.,Voggt,A. P.,&Wood, C. L. Comparative Effects of Paraprofessional-Delivered Function- Based Interventions on Problem Behavior of a Student with Autism in a Rural Setting. [Manuscript submitted for publication]. Department of Special Education and Child Development,University of North Carolina at Charlotte. Muharib,R.,Voggt,A. P.,Wood, C. L.,Pennington,R. C., &Lang,R. (2021). Further evaluation of a multiple schedule thinning procedure following functional communication training in a school setting.Advances in Neurodevelopmental Disorders. Advance online publication. https://doi.org/l0.1007/s4l252-021-00196-9 Philippakos,Z. T. A., &Voggt,A. P. (2021). The effects of distant professional development model on second grade teachers' instruction and students' quality of procedural papers.Reading and Writing. Advanced online publication. https://doi.org/l0.1007/sI1145-021-10120-1 Reyes, E.N.,Wood, C. L.,Walker,V. L.,Voggt, A. P., &Vestal,A. R. (2021). Effects of video self- modeling and system of least prompts on completion of transitional routines for a student with extensive support needs in inclusive settings.Journal of Positive Behavior Interventions. Advance online publication. https://doi.org/l 0.1177/1098300721990291. Hitt, S. B., Kwiatek, S.,Voggt,A., Chang,W., Gadd, S., &Test, D. W. (2021). Are online resources for evidence-based practices useful. The Journal of Special Education. https://doi.org/10.1177/0022466920982958 Rowe,D. A.,Mazzotti,V. L.,Fowler, C. H.,Test, D. W., Mitchell, V. J. Clark,K. A., Holzberg,D., Owens, T. L.,Rusher,D., Seaman-Tullis, R. L., Gushanas, C. M., Castle, H. Chang,W., Voggt, A.,Kwiatek, S., &Dean,J.C. (2020). Updating the secondary transition research base: Evidence- and research-based practices. Career Development and Transition for Exceptional Individuals, 44(1) 28-46. 10.1177,/2165143420958674 Mazzotti,V. L.,Rowe,D.,Kwiatek, S.,Voggt,A., Chang, W.,Fowler,C. H., Poppen, M., Sinclair, J., & Test,D. W. (2020). Secondary transition predictors ofpost-school success:An update for the field. Career Development and Transition for Exceptional Individuals, 44(1),47-64. https:Hdoi.org/l 0.1177/2165143420959793 Muharib,R.,Alrasheed, F.,Ninci, J.,Walker,V. L., &Voggt,A. P. (2019). Thinning schedules of reinforcement following functional communication training for children with intellectual and developmental disabilities: A meta-analytic review.Journal of Autism and Developmental Disorders, 49(12), 4788-4806. https:Hdoi.org/10.1007/sIO803-019-04191-x Muharib, R.,Alzrayer,N.,Wood, C. L., &Voggt,A. P. (2019). Backward chaining and speech output technologies to enhance functional communication skills of children with autism spectrum disorder and developmental disabilities.Augmentative and Alternative Communication, 35(4), 251-262. https:Hdol.org/10.1080/07434618.2019.1704433 4 Voggt, A. P. RESEARCH Conference Presentations Voggt, A. P. (March,2023).Effects of Behavior Chain Interruption Strategy on Generalized Communication Skills. Data Blitz presentation to be delivered at the CEC 2023 Louisville Convention and Expo. Louisville, KY. Voggt, A. P., Gerlach, J., &Robertson,P. (March, 2023). Collaborative Approach Promoting Diversity and Professional Growth:Project FLICS Effectiveness. Poster to be presented at the CEC 2023 Louisville Convention and Expo. Louisville, KY. Voggt,A. P., Gerlach, J., &Robertson, P. (July, 2022).A Collaborative Approach to Promote Diversity and Professional Growth. Poster presented virtually at the Office of Special Education Programs' 2022 Leadership and Project Director's Meeting. Voggt, A. P., &Keller,M. (January, 2022).Behavior Chain Interruption Strategy:A Systematic Review of Literature. Poster presented virtually at 23rd International Conference on Autism, Intellectual Disability, &Developmental Disabilities. Voggt,A. P., &Keller,M. (January, 2022).Behavior Chain Interruption Strategy:A Systematic Review of Literature. Poster presented virtually at 23rd International Conference on Autism,Intellectual Disability, &Developmental Disabilities. Kutscher, E.,Mazzotti,V. L.,McDaniel, S. L.,Bumble,J. Zeng, W., Reardon, K., &Voggt,A. (2022). Quality indicators for mixed methods research in transition:A systematic review. To be presented at 2021 Division on Career Development and Transition International Conference. Myrtle Beach, SC. Kutscher, E.,Mazzotti,V. L., McDaniel, S. L., Bumble, J. Zeng,W., Reardon,K., &Voggt,A. (2022). Quality indicators for mixed methods research in transition:A systematic review. Poster presented virtually CEC Convention&Expo 2022. Voggt, A. P., &Keller,M. (February,2022).Behavior Chain Interruption Strategy:A Systematic Literature Review. Poster presented virtually at CEC Convention&Expo 2022. Philippakos, Z. A., &Voggt,A. (July, 2021). The Effects of Distant Professional Development Model on Second Grade Teachers'Instruction and Students'Quality of Procedural Papers. Presented at the Society for the Scientific Study of Reading's Twenty-Eighth Annual Virtual Conference, Voggt, A.P.,Wood, C.L., & Chang, W. (March, 2021).Effects ofFunction-Based, Computer-Assisted SDLMI on Self-Determination and On-Task Behavior for Youth with Extensive Support Needs. Poster presented at CEC's Learning Interactive Virtual Event. Voggt,A.P.,Wood, C.L., & Chang, W. (February,2021).Function-Based, Computer-Assisted SDLMI Impact on Self-Determination and On-Task Behavior for Youth with Extensive Support Needs. Poster presented at the 22nd International Conference on Autism, Intellectual Disability& Developmental Disabilities. Clearwater Beach, FL. MacAuthur, C. A., Graham, S.,Harris, K., Philippakos, Z. T. A.,Narvaiz, S.,Voggt,A. P. &Nefferdor£ E. (December,2019). The Challenges of Writing Using Sources: Strategy Instruction Research from Middle School to College. Paper presented at American Reading Forum 2019 Annual Conference. Sanibel, FL. Philippakos, Z. T. A., &Voggt,A. P. (November, 2019).Developing Strategic Writers Through Genre Instruction:Procedural Writing with Second Graders. Paper presented at Association of Literacy Educators and Researchers. Corpus Christi, TX. Voggt, A.P. (October, 2019).Function-Based Computer-Assisted SDLMI Impact on Knowledge of SDLMI and Challenging Behavior for Youth with Extensive Support Needs. Poster presented at Division on Career Development and Transition International Conference. Seattle, WA. 5 Voggt, A. P. Kwiatek, S.,&Voggt, A. P. (July,2019). Selecting Transition Assessment and Transition Curricula to Match Your Needs. Presented at Alabama's State Department of Education's annual MEGA Conference 2019. Mobile,AL. Voggt,A. P.,Kwiatek, S., & Chang,W. (April, 2019).Employment Experiences through School-Based Enterprise:An NTACT Toolkit. Presented at 2019 North Carolina Division on Career Development and Transition Conference. Greensboro,NC. Chang,W., Kwiatek, S., &Voggt,A. P. (April, 2019). From Research to Practice— Using NTACT Lesson Plan Starters. Presented at 2019 North Carolina Division on Career Development and Transition Conference. Greensboro,NC. Voggt,A.P., &Wood, C.L. (February,2019). Effects of Function-Based Computer-Assisted SDLJVfI on Self-Determination Skills for Adolescents with Intellectual Disability. Poster presented at the North Carolina Association for Behavior Analysis Conference. Winston-Salem,NC. Muharib,R.,Voggt,A.P., & Wood, C.L. (February, 2019).Enhancing Function Communication Skills of Children with Developmental Disabilities Using Backward Chaining and Speech Generating Devices. Poster presented at the North Carolina Association for Behavior Analysis Conference. Winston-Salem,NC. Voggt,A. P.,Muharib,R., &Wood, C. L. (2019,February). Comparing Antecedent Interventions for Challenging Behavior of a Student with Autism. Poster presented at Council for Exceptional Children Conference. Indianapolis, IN. Agran,M., Carter, R., Spooner,F.,Voggt,A. P, &Brown,F. (2018,November). What is the Student's Role in Determining Positive Behavior Intervention Support?Paper presented at the annual meeting of TASH. Portland, OR. MacArthur, C.A.,Philippakos,Z. A., Compello, J.,Porter,A., &Voggt. A. P. (2018, December). Supporting Strategic Writers:Results of an Efficacy Study with Developmental Writers. Paper presented at the Literacy Research Association Conference. Indian Wells, CA. Howell, E., Philippakos,Z. A., Voggt,A. P., &Updegraff,A. (2018, December).Literacy and Design: Reclaiming Research for Practice. Paper presented at the Literacy Research Association. Indian Wells, CA. Philippakos,Z. A.,Robinson, L., Munsell, S., &Voggt.,A. P. (2018,December). The Effects of Writing Strategy Instruction on K to 2 Students'Opinion and Procedural Writing. Paper presented at the Literacy Research Association Conference. Indian Wells, CA. Philippakos,Z. A.,Robinson, L., Munsell, S., &Voggt, A. P. (2018,November).Strategy Instruction on Opinion and Procedural Writing with Primary-Grade Students:A Time Series Design. Paper presented at the Association of Literacy Educators and Researchers. Louisville,KY. Chang, W., Rusher,D.,Voggt., A. P. (2018, October)Improving Transition Outcomes for Middle School Students. Presented at Division on Career Development and Transition International Conference. Cedar Rapids, IA. Clark,K. A.,Rusher,D., &Voggt,A. P. (2018, October).Building a Business:How to Develop a School Based Enterprise. Presented at Division on Career Development and Transition International Conference. Cedar Rapids, IA. Simpson, C. A.,Voggt,A. P.,Reyes,E. N., &Wood, C. L. (2018,February). Effects of Active Student Response Strategies on Off-Task Behavior and Student Participation in a Rural Second Grade Classroom. Poster presented at the North Carolina Association for Behavior Analysis Conference. Winston-Salem,NC. Muharib, R.,Wood, C. L., Kisinger, K. W., &Voggt,A. P. (2018, February).Evaluation of the Empirical Support of Functional Communication Training for Children with Autism Spectrum Disorders. Poster presented at the North Carolina Association for Behavior Analysis Conference. Winston-Salem,NC. Voggt,A. P. (2018,February). Comparative Effects of Functional Communication Training and Noncontingent Reinforcement on Problem Behaviors of Children with Autism. Poster presented at the Council for Exceptional Children Annual Convention and Expo. Tampa, FL. 6 Voggt, A. P. Haughney,K. &Voggt, A. P. (2018,February)Building a Schoolwide AAC Learning Community. Presented at South Carolina CEC 2018 Annual Conference. Myrtle Beach, SC. Haughney,K. &Voggt,A.P. (2018, February) Teaching AA Users in Inclusive Classrooms. Presented at South Carolina CEC 2018 Annual Conference. Myrtle Beach, SC. FUNDING External Grants 2021-2026 Principal Investigator(with Co-PIs Drs. Phyllis Robertson and Jennifer Gerlach).Future Leaders Implementing Collaborative Supports (FLICS). Department of Education, Office of Special Education Programs [Funded: October,2021; $1,036,187]. Internal Grants Voggt, A. P. (2018). Comparative effects of functional communication training and noncontingent reinforcement on problem behaviors of a student with autism. Submitted to SPCD Research Fund,University of North Carolina at Charlotte. [Funded 1/29/18; $500] SERVICE/OUTREACH/ENGAGEMENT Leading a Survey and Report on the State of Accessibility in the City of Corpus Christi (Fall 2022- present) Chaired Academic Integrity Hearing Panel (December, 2022) Provided assessment and coaching on coteaching models for West Oso ISD (November,2022-Present resent). Expansion of TIDES to include Flour Bluff ISD in addition to existing program with Mary Grett Transition Center of CCISD,now serving 11 students with 4 support staff. Advising for Scholars enrolled in Future Leaders Implementing Collaborative Supports (Project FLICS) (August 2022-Present). Faculty Advisor for TAMUCC's Best Buddies International Friendship Chapter(Fall 2021-Present) Collected and analyzed data and co-wrote an Executive Summary as part of the Reading 360 Initiative (2021)with colleagues Zoi A. Traga Philippakos,Elizabeth Dyer,and Louis Rocconi from University of Tennessee Knoxville(Fall 2021-Spring 2022). Kindness Workshop at Gibson Elementary School with Dr. Lon Seiger(November, 2021). Co-wrote an evaluation of the Master's of Science Degree in Special Education Program with Drs. Phyllis Robertson and Jeanine Birdwell(December,2021). Presented at Island Days with Dr. Kimberly Reinhardt(November, 2022). Volunteered at USO of South Texas for TAMU-CC's Giving Tuesday Event(November, 2021). Mindfulness Workshop at the Antonio E. Garcia Arts and Education Center with Dr. Lon Seiger (November,2021). Reviewed proposals for the 23`d International Conference on Autism, Intellectual Disability& Developmental Disabilities(June, 2021). Reviewed proposals for the 2022 CEC Convention&Expo and 100th Anniversary Celebration! (June, 2021). Reviewed proposals for the 22nd International Conference on Autism, Intellectual Disability& Developmental Disabilities(August, 2020). Reviewed proposals for the 2019 Annual Conference of the American Reading Forum (August, 2019). Review proposals for the 2019 Division on Career Development and Transition Annual Conference(May, 2019). 7 Voggt, A. P. Volunteered for North Carolina Association for Behavior Analysis (February, 2019). Served as UNC Charlotte Department of Special Education and Child Development Search Committee Student Representative(January,2019). Reviewed proposals for the 2018 Annual Conference of the American Reading Forum(August,2018). Reviewed proposals for the 2018 Division on Career Development and Transition Annual Conference (May, 2018). Served as student liaison for incoming doctoral students (March, 2018). Volunteered for North Carolina Association for Behavior Analysis (February,2018). Reviewed proposals for the 2017 Annual Conference of the American Reading Forum(August, 2017) Simpson, C. A. (2018).Effects of active student response strategies on off-task behavior and student participation in a rural second grade classroom. M. Ed.,Master's Research Project,UNC Charlotte. Co- advisor with Dr. Charles Wood. IN-SERVICE WORKSHOPS Voggt,A. P. (August 2022). WOISD Teaching&Learning Conference:Inclusion and Co-teaching Implementation. West Oso ISD. Corpus Christi, TX. Voggt, A. P. (July 2022). Targeted Professional Development for Yorktown Christian Academy. Yorktown Christian Academy. Corpus Christi,TX. Voggt,A. P. (August 2021).Preparing for inclusive instruction: Setting goals in Elementary Classrooms. West Oso ISD. Corpus Christi,TX. Voggt,A. P. (August 2021). Preparing for inclusive instruction: Setting goals in Secondary Classrooms. West Oso ISD. Corpus Christi, TX. Voggt,A. P., &Robertson,P. M. (April 2021).Inclusive practices. West Oso ISD,Virtual. Voggt, A. P. (April 2021).Inclusive practices: Secondary. West Oso ISD,Virtual. Voggt,A. P. (March 2021). Challenging behavior. West Oso ISD,Virtual. Kwiatek, S., &Voggt,A. P. (April, 2019).Age-Appropriate Transition Assessment. Presented at Alabama's 2019 MEGA Conference. Mobile, AL. Voggt, A. P. (March,2019). Transition to Life after High School for Youth with Disabilities. Presented at Transition Resource Cafe Conference. Cabarrus County,NC. Reyes, E.,Voggt,A. P., &Banks,T. (2018, April). Supporting Special Education Teachers. Presented at the New Teacher Support Program Coaches Meeting held at the University of North Carolina at Charlotte. Charlotte,NC. COMMITTEES AND SERVICE University Fall 2022—present University Academic Standards Grievance Committee Spring 2022—present Undergraduate Admissions Committee Fall 2021 —Spring 2022 First Year Learning Communities Task Force College 2023—present COEHD Scholarship Committee 2020—2022 Identity,Diversity, Equity,Anti-Racism,Access,Advocacy,Activism, and/or Social Justice 2020—2022 Identity,Diversity, Equity,Anti-Racism,Access,Advocacy,Activism, and/or Social Justice; Community Outreach Subcommittee(co-chair) Department 8 Voggt, A. P. 2022—2023 ECED Assistant Professor in Early Childhood Education Search Committee Member 2020—2022 Curriculum, Instruction, and Learning Sciences; High Leverage Practice Committee(co-chair) 2020—present Curriculum, Instruction, and Learning Sciences; Teacher Dispositions Committee 2020—present Curriculum, Instruction, and Learning Sciences; Research Other 2021 —2022 Conducted coding, data analysis, and developed an Executive Report for TN Reading 360 with colleagues from University of Tennessee Knoxville HONORS AND AWARDS 2021 —2022 Dean's Award for 2021-2022 Junior Faculty Excellence in Research 2018—2020 PhD Traineeship,UNC Charlotte PhD Program in Special Education with a Specialty in Multi-Tiered Interventions. Division of Personnel Preparation, Office of Special Education and Rehabilitation Services, United States Department of Education 2018 Teacher Education Division of the Council for Exceptional Children, Kaleidoscope Student Research Poster Award for Single-Case Research PROFESSIONAL MEMBERSHIPS The Association for Persons with Severe Handicaps (TASH) CEC Division on Autism and Developmental Disabilities (DADD) CEC Division on Career Development and Transition(DCDT) CEC Division for Research(DR) Council for Exceptional Children(CEC) 9 CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Two(2)vacancies with terms to 9-30-24,representing the following category:2-Property Owner.(Per the Texas Local Government Code,succeeding directors are chosen through the recommendation of the board and the approval of the City Council.The Corpus Christi Downtown Management District is recommending the new appointment of Ben Molina(Agent,Employee or Tenant)and Adrienne Trevino (Agent,Employee or Tenant). Duties The Corpus Christi Downtown Management District provides maintenance,security,marketing,and the promotion and improvement of property and facilities within the district;the district has the authority to levy taxes or assessments for improvements in the downtown area. Composition The district is composed of at least nine,but not more than thirty directors,serving four-year staggered terms. Directors must represent one of the following categories:a resident of the district;an owner of property in the district;an owner of stock,whether beneficial or otherwise,of a corporate owner of property in the district;an owner of a beneficial interest in a trust that owns property in the district;or an agent,employee or tenant of one of the above. Per the Texas Local Government Code,succeeding directors are chosen through the recommendation of the board and the approval of the City Council. Creation/Authority Title 12(Municipal Management District),provisions of Chapter 375,Article III,Section 52,Article XVI,Section 59,Article III,Section 52-a of Texas Constitution and of the Local Government Code;12/16/94-amended by-laws to increase directors from seventeen to twenty members;7/04 the directors voted to decrease directors to fifteen. Meets Member Size Term length Board Liaison 3rd Thursday of the month,9:00 a.m.,IBC Bank, 15 4 years Alyssa Barrera Mason 221 S.Shoreline,2nd Floor. Name District Term Appt.date End date Appointing Authority Position Status Category Not seeking Brad Lomax District 4 2 8/12/2014 9/30/2022 City Council reappointment Property Owner Cherylyn M Boyd District 1 3 12/8/2015 9/30/2024 City Council Resigned Property Owner Krystof Kucewicz District 1 1 6/23/2020 9/30/2024 City Council Active Agent,Employee or Tenant Raymond Gignac District 4 5 8/21/2001 9/30/2024 City Council Active Property Owner Cheryl A Votzmeyer District 1 1 4/9/2019 9/30/2024 City Council jActive Property Owner Janet Maxwell District 4 2 12/18/2012 9/30/2024 City Council Active Stock Owner Lesley B.Lomax District 4 1 11/12/2019 9/30/2024 City Council Active Agent,Employee or Tenant Joshua Richline District 2 1 11/12/2019 9/30/2026 City Council Active Agent,Employee or Tenant Dee Dee Perez District 5 4 6/8/2010 9/30/2026 City Council Secretary Active Agent,Employee or Tenant Caitlin Shook I District 4 11 4/10/2018 9/30/2026 1 City Council Active jAgent,Employee or Tenant Eric R.Gutschow I District 5 12 9/12/2017 9/30/2026 1 City Council I jActive Property Owner 2-28-2023 Name District Term Appt.date End date Appointing Authority Position Status Category Jaime N.Barrera District 4 1 3/24/2020 9/30/2026 City Council Active Resident Robert Charles District 2 1 5/20/2021 9/30/2026 City Council Active Agent,Employee or Tenant Glenn R.Peterson District 4 4 6/8/2010 9/30/2026 City Council Chair Active Property Owner Casey Lain District 2 4 16/8/2010 9/30/2026 City Council Active Property Owner 2-28-2023 CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT (DMD) Applicants Name District Status Category Property Owner in the District Nikunj Bhakta Other/ Non-Resident Applied Agent Employee or Tenant Benjamin Lopez District 2 Applied Agent Employee or Tenant Ben Molina District 2 DMD recommendation Agent Employee or Tenant Chris A. Pena District 3 Applied Stock Owner Adrienne M. Trevino 10ther/ Non-Resident DMD recommendation Agent Employee or Tenant Jim A. Willden I District 4 Applied Resident of the District CITY OF CORPUS CHRISTI Submit Date: Dec 20, 2022 Application for a City Board, Commission, Committee or Corporation Profile Nikunj Bhakta First Name Last Name Email Address 241 country club blvd -------------------------------------------------------- Street Address portland TX 78374 City State Postal Code What district do you live in? W Other/Non-Resident Current resident of the city? r Yes r No Mobile: (361)442-4313 Business: (361) 855-1549 Primary Phone Alternate Phone ZJZ Hospitali> -_______-______,___ Projects-Director.____-_____________ Employer Job Title Work Address-Street Address and Suite Number 1410 Crescent Dr Work Address - City Corpus Christi Work Address- State Tx Work Address -Zip Code 78412 Work Phone 361-855-1549 KR-i rni Rhnhtn Work E-mail address nick@zjzhospitality.com Preferred Mailing Address I-J Work Address Which Boards would you like to apply for? CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT: 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) The company I am currently employed by has multiple prospective developments in the downtown area which has made me quite familiar with the area and its needs and pros. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) N/A Why are you interested in serving on a City board, commission or committee? Corpus Christi is a city with vast potential and is heading in a great direction. I would love to be a part of the change that is happening and to contribute in any way I can to raise the profile of the city I have been around the majority of my life. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No IViLgini Rhnhtn Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A 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 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 c: No KU-i ini Rhnhtn 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 DOWNTOWN MANAGEMENT DISTRICT The Corpus Christi Downtown Management District must include representatives from certain categories. Do you qualify for any of the following categories? • Property Owner in the District • Agent Employee or Tenant Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. V I Agree KliLmni Phahtn 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 nliUi in PhnLet n NIKUNJ B 241 Country Club Blvd, Portland,Tx 78374 (361-442-4313 1 nick@zjzhospitality.com OBJECTIVE Experienced Project Manager with goal to continue gaining experience and build long lasting relationships with members of all industries in both networking and professional settings. SKILLS & ABILITIES Proficient in all basic Microsoft applications, high level understanding of Adobe design suite programs including Photoshop and InDesign. EXPERIENCE January 2015- Guest Services Lead, Embassy Suites Corpus Christi April 2016 Led Front desk team of 8 individuals, responsible for ordering and performed manager duties which included events, restaurant and bar duties. May 2016- General Manager, Home2 Suites Portland March 2019 Assisted in Project Management of construction phase Managed hotel upon opening of hotel Managed the repairs necessitated by Hurricane Harvey damage while staying open and serving guests in operational areas of hotel. March 2019- Projects Director, ZJZ Hospitality/APD Construction Present In charge of all special projects for both companies including repairs and new construction Have project managed upwards of 30 million dollars in construction over time in position Lead development of all projects from land acquisition to construction and completion. EDUCATION August 2007- Bachelor of Science in Biology (Business Minor), University of Texas at June 2012 Austin COMMUNICATION Experience in speaking to different city councils across Texas in regards to obtaining special use permits for construction projects when needed. LEADERSHIP Chaired the board of a non-profit national dance competition based at UT Austin which donated all proceeds to charity. Position entailed the raising of funds through sponsorships, logistics management of 10 groups of students from around the nation and the management of an event with 1,200 attendees. Page 2 CITY OF CORPUS CHRISTI Submit Date:Aug 22, 2022 Application for a City Board, Commission, Committee or Corporation Profile Benjamin Lopez First Name Last Name Email Address 622 Harrison St. ----------------------------------- Street Address Corpus Christi TX 78404 City State Postal Code What district do you live in? V District 2 Current resident of the city? r Yes r No If yes, how many years? 11 Mobile: (915) 240-1890 Business: (361) 800-2641 Primary Phone Alternate Phone Financial_Advisor Employer Job Title Work Address -Street Address and Suite Number 802 N. Carancahua St. Ste. 1120 Work Address-City Corpus Christi Work Address- State Texas Work Address -Zip Code 78401 Roninmin I nno7 Work Phone 3618002641 Which Boards would you like to apply for? CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT: 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- Economics TAMUCC CFP Financial Advisor-The Volpe Group at Morgan Stanley If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) N/A Why are you interested in serving on a City board, commission or committee? Give back to Downtown Corpus Christi and get experience. I have lived in or near Downtown for the last 5-6 years and have enjoyed seeing the positive changes throughout the years. I hope to be able to help continue that trend. 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 RoniMMin I nno-7 Gender P 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) Pnninmin 1 nno-7 Question applies to CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT The Corpus Christi Downtown Management District must include representatives from certain categories. Do you qualify for any of the following categories? W Agent Employee or Tenant 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 Roninmin I nno-7 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 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 Roninmin I nno-7 CITY OF CORPUS CHRISTI Submit Date: Feb 09, 2023 Application for a City Board, Commission, Committee or Corporation Profile Ben Molina First Name Last Name Email Address 2501 S.-Padre-Island Dr. Street Address Suite or Apt Corpus Christi TX 78415 City State Postal Code What district do you live in? V District 2 Current resident of the city? r Yes r No If yes, how many years? 26 Mobile: (361) 271-4393 Mobile: (361) 774-0525 Primary Phone Alternate Phone Pinnacle_Roofing Systems Inc. President__ Employer Job Title Work Address- Street Address and Suite Number 2501 S. Padre Island Dr. Work Address- City Corpus Christi Work Address- State TX Work Address-Zip Code 78415 Ron KAnlinn Preferred Mailing Address W Work Address Which Boards would you like to apply for? CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT: 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) Former 3 term Councilmember Board Member for: United Chamber of Commerce American Red Cross Boys and Girls Club Esperanza de Tejas If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) N/A Why are you interested in serving on a City board, commission or committee? My experience as a former Council member and member of the downtown TIRZ committee enables me to provide valuable insight and input towards the mission of the downtown management district. 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 Are you a current candidate in an election for a non-city public office? r Yes r' No Ron Ur% inn Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender V 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) Ron hAnlinn Question applies to CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT The Corpus Christi Downtown Management District must include representatives from certain categories. Do you qualify for any of the following categories? W Agent Employee or Tenant 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 Ran IkAnlinn 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. 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. 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. V I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. PF I Agree Ron Unlinn 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? V District 3 Current resident of the city? r Yes r No If yes, how many years? 44 Mobile: (361) 549-3686 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 rhric A Donn 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 DOWNTOWN MANAGEMENT DISTRICT: 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) 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. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No (`hric A Donn 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) ('hric A Donn 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? r Yes r No Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX (For Port of CC) Have you been a resident of Nueces County for at least 6 months? 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? fJ Stock Owner 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 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? 17 General Contractor rhric 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? " 9 Development\, 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 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 rhric A Donn 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. 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. V 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, TexasfGOM 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 Simops 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 HSE Advisor 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 0 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: 0 1117 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 INJURY FREE(IIF)TRAINER 'ADVANCED SAFETYAUDIT TRAINED 'SAFETY SUPERVISOR LEADER-OSHA(10)&(3O)HOUR COURSE' MEDICFIRSTAID&CPR 'INDUSTRIAL HYGIENE'HAZ MATERIAL'HUMAN PERFORMANCE TRAINER 'Y-TREEACCIDENT INVESTIGATION 'SHELL TAPROOT'SHELL DECISION POINT TRAINING'FIVE WHYACCIDENT INVESTIGATION TRAINED-IMPLEMENTATION AND AUDIT OF HSE MANAGEMENT SYSTEMS-MEDIC FIRST AID TRAINED -RESPIRATORY PROTECTION'ADOBE ACROBAT'V1Z10 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: Feb 13, 2023 Application for a City Board, Commission, Committee or Corporation Profile Adrienne M Trevino First Name Middle Initial Last Name Email Address 1726 W Gile Ave Street Address Aransas Pass TX 78336 City State Postal Code What district do you live in? W Other/Non-Resident Current resident of the city? r Yes r No If yes, how many years? Recently built a home in AP;was in Corpus Christi from 2011-Oct 2022. Prior to that lived in Portland but always worked in Corpus Christi. Mobile: (361) 946-9541 Business: (361) 882-2211 Primary Phone Alternate Phone WaterStreet._LTD Human_Resource_Manager._____ Employer Job Title Work Address- Street Address and Suite Number 309 N Water St. Ste. A Work Address - City Corpus Christi Work Address- State TX Work Address - Zip Code 78401 OrJrionn,n KA Trinwinn Work Phone 361.882.2211 Work E-mail address h r@waterstreetrestau rants.com Preferred Mailing Address W Work Address Which Boards would you like to apply for? CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT: 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? The Downtown Management District Board is important to me because I am personally invested in ensuring Downtown Corpus Christi can be as attractive and inviting as possible. I have worked in Downtown Corpus Christi for the past 11 years of my career and then prior to that just in the Lamar area for another 2. Corpus may not be my physical home right now but it is where my heart is and I am fully committed to seeing it continue to grow. Are you an ex-Officio member of a City Board, commission or committee? r Yes r: No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r• Yes r No Orlrinnno KA Trawinn Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A 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 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) Arlrionno NA Trowinn 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? V Agent Employee or Tenant Verification City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. V I Agree City Code Requirement -Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. fJ I Agree Oririonno AA Troxiinn 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. V I Agree Oath swear that all of the statements included in my application and attached documents, if any, are true and correct. PF I Agree Arlrinnnn NA Trnxiinn CITY OF CORPUS CHRISTI Submit Date:Aug 15, 2022 Application for a City Board, Commission, Committee or Corporation Profile Mr. Jim A Willden Prefix First Name Middle Initial Last Name Email Address 2940 Santa Fe St. Unit 3 Street Address Suite or Apt Corpus Christi TX 78413 City State Postal Code What district do you live in? V District 4 Current resident of the city? r Yes r No If yes, how many years? 38 Mobile: (361)462-8663 Business: (361)462-8663 Primary Phone Alternate Phone E.W. Scripps ______._ Digital Content-Producer Employer Job Title Work Address- Street Address and Suite Number 301 Artesian Street Work Address -City Corpus Christi Work Address-State Texas Work Address -Zip Code 78401 hAr lim A \A/dIrlon Work E-mail address willdenbooking@gmail.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT: 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) AA in English, Del Mar College Sat on board for Corpus Christi PATCH Currently board chair for Corpus Christi Songwriters Why are you interested in serving on a City board, commission or committee? I've been highly involved in promoting and fostering arts &culture in the Coastal Bend, having founded Corpus Christi Songwriters and the Corpus Christi Songwriters Festival in those very principles. I've also been an ongoing promoter of downtown. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics hAr lim A Willrlon Gender V 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 ARTS&CULTURAL COMMISSION The Arts & Cultural Commission preferred representatives from certain categories. Do you qualify for any of the following categories? • Visual Arts (painting, sculpture, arts media) • Public Art/Public Space • Marketing PF Performing Arts (music, dance, drama, film) KAr lim 0 Willrlon 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 Resident of the District Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement-Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree KAr lim A \A/illrion 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 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. 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. V I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. fJ I Agree KAr lim A Willrlon 449 Indiana Ave.. i m m Wi l l d e n Corpus Christi,TX 78404 (361)462-8663 Filmmaker,Journalist, Novelist EXPERIENCE SKILLS Songwriting,singing, Coastal Bend Publishing— Editor, Reporter performing,guitar, Apr.2021-PRESENT filmmaking,screenwriting, Began as a reporter for The News of San Patricio.In October 2021, reporting, article writing, promoted to editor of Karnes Countywide and The Progress newspapers. copy editing,pagination,page Along with writing and reporting on all subjects,other responsibilities and website design,novel include copy editing,pagination and design(Photoshop and InDesign). writing,storytelling, directing,film editing, sound Corpus Christi Songwriters — Founder, President recording, producing,digital Jan.2014-PRESENT media, social media Corpus Christi Songwriters is an extension of C.C.PATCH,a 501(03 management and marketing non-profit.Our mission is to promote,foster,and educate the local music scene through workshops,showcases, festivals and more. AWARDS Sleight Productions — Chief Creative Officer 2016 Masterpiece-In-A Day May 2013-PRESENT Best Song Producing,filming,writing and editing award-winning branded content, advertisements, short films,music videos; overseeing all creative aspects -Day2016 Corpus Christi 7 of production,ensuring it aligns with your brands goals,and keeping up Film Project-4th Place,Best with production teams to ensure projects are moving on to their next Director,Best Screenplay stage. 2015 Masterpiece-In-A-Day The Bend Magazine - Freelance journalist 2nd Place Song Jan.2015-PRESENT Covering local stories on arts and culture, the food and beverage scene, 2015 Corpus Christi 7-Day and the music scene. Film Project- Grandy Jury Award,Best Director,Best Corpus Christi Caller-Times - Freelance journalist Ensemble Feb.2012-PRESENT Covering local and national stories on arts and culture,food and beverage, 2014 Corpus Christi 7-Day education,politics,etc. Film Project- Grand Jury Award,Best Screenplay Nueces Record Star - Reporter, Editor Aug.2013-Oct.2014 Covering all stories,including police reports,local politics,education, PROJECTS human interest,entertainment;edited pages,designed overall look. Corpus Christi Songwriters Festival;Que Bueno Taco Fest; First Feature Film in the works for 2022 production EDUCATION Del Mar College, Corpus Christi — English AA/Journalism Aug.2001 -Aug.2011 Studied English, Philosophy,Journalism, and Sound Record iu,;. City of Corpus Christi 1201 Leopard Street / Corpus Christi,TX 78401 cctexas.com Meeting Minutes - Draft City Council Tuesday, February 21,2023 11:30 AM Council Chambers Addendums may be added on Friday. A. Mayor Paulette Guajardo to call the meeting to order. Mayor Guajardo called the meeting to order at 11:34 a.m. B. Invocation to be given by Rabbi, Naftoli Schmulker, Chabad Coastal Bend. Rabbi Naftoli Schmulker, Chabad Coastal Bend, gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Gianna Palacios, Senior at Richard King High School. Gianna Palacios, Senior at Richard King High School, led the Pledge of Allegiance to the Flag of the United States of America and to the Texas Flag. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles Risley and City Secretary Rebecca Huerta Present: 9- Mayor Paulette Guajardo,Council Member Roland Barrera,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Mike Pusley,Council Member Dan Suckley,Council Member Everett Roy,Council Member Jim Klein, and Council Member Sylvia Campos E. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: 1. 23-0389 Owner's Removal of Barge at Packery Channel Update - Neiman Young, Ph.D., Assistant City Manager Assistant City Manager Neiman Young presented information on the Barge Removal at Packery Channel. City Manager Peter Zanoni stated that this project is on schedule and within budget. 2. 23-0390 Effluent Water Commercial Reuse Program Update - Michael Murphy, City of Corpus Christi Page 1 Printed on 2/24/2023 City Council Meeting Minutes -Draft February 21,2023 COO of Corpus Christi Water Chief Operations Officer Michael Murphy presented information on the following topics: Oso Wastewater Treatment Facility; and communication plan. Council Members, City Manager Peter Zanoni, Chief Operations Officer Murphy, and Director of Water System Infrastructure Wesley Nebgen discussed the following topics: the program start date is March 1 st; a Council Member's request for a 90 day status update; a Council Member's concern about the Pharaoh Valley subdivision traffic on Nile Drive; the goal of the program is to minimize the amount of freshwater used; the effluent water will be chlorinated, although not required by TCEQ; industrial and commercial users can use this effluent water; and industry is willing to invest their own money to build infrastructure to use this water. 3. 23-0391 Bayside Area Development Plan Public Input Meeting on February 23, 2023 City Manager Zanoni announced that the Bayside Area Development Plan Community Open House will be held on Thursday, February 23 from 5:30 p.m. to 7:30 p.m. at Hamlin Middle School Cafeteria. The Sherrill Park Master Plan will be held at the Art Center on Thursday, February 23 from 5:30 p.m. to 6:30 p.m. A special meeting with Parks and Recreation Advisory Committee will be held on Wednesday, March 1. The Master Plan will be brought to Council on March 7. The TCEQ public meeting regarding the renewal of wastewater discharge permits for CC Polymers will be held at the Holiday Inn Airport on Thursday, February 23 from 7:00 p.m. to 9:00 P.M. F. PUBLIC COMMENT Mayor Guajardo opened public comment. Eli McKay, 1008 Marguerite St., spoke about prioritizing a low barrier shelter for homeless persons. Maggie Peacock, 7037 Islander Way, spoke in favor of creating a city environment and sustainability program and committee. Armon Alex, 1610 La Joya St., spoke about the La Quinta oil spill. Theresa Mader, 333 Katherine Dr., spoke in favor of Item 11, the rezoning request for Bien Merite Cafe, Bakery, and Restaurant. Garrett Dorsey, 2037 Sunnycrest, spoke about Development Services working well with the Builders Association and open communication is important. City of Corpus Christi Page 2 Printed on 2124/2023 City Council Meeting Minutes -Draft February 21,2023 John Weber, 609 Naples St., spoke regarding health and safety concerns with natural gas. Julie Rogers, 710 Furman Ave., spoke in favor of tourism and diversifying the economy. The following citizen submitted written public comments which are attached to the minutes: John Weber, 609 Naples St. G. BOARD &COMMITTEE APPOINTMENTS: 4. 23-0322 Planning Commission /Airport Zoning Commission (2 vacancies) Mayor Guajardo referred to Item 4. Planning Commission /Airport Zoning Commission: Appointed: Billy Lerma and Justin Hedrick H. EXPLANATION OF COUNCIL ACTION: I. CONSENT AGENDA: (ITEMS 5 - 10) Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. Council Members pulled Items 8 and 9 for individual consideration. A motion was made by Council Member Barrera, seconded by Council Member Campos to approve the Consent Agenda with the exception of Items 8 and 9. The motion carried by the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 5. 23-0323 Approval of the February 14, 2023 Regular Meeting Minutes. The Minutes were approved on the consent agenda. Consent-Second Reading Ordinances 6. 23-0086 Ordinance appropriating $937,072.64 from an increase in the Infectious Disease Prevention and Control Unit-COVID (IDCU-COVID) Grant Program administered by the Department of State Health Services (DSHS) for the period September 1, 2022, through July 31, 2024, for activities to provide COVID-19 epidemiologic and surveillance response activities and laboratory response City of Corpus Christi Page 3 Printed on 2/24/2023 City Council Meeting Minutes -Draft February 21,2023 network activities. This Ordinance was passed on second reading on the consent agenda. Consent- Contracts and Procurement 7. 22-1968 Motion authorizing a one-year service agreement with Leeds Precision Instruments, Inc., of Minneapolis, Minnesota, through Texas SmartBuy Cooperative, for the purchase of a firearms comparison microscope and training for the Corpus Christi Police Department for$77,429.70, with FY 2023 funding from the General Fund. This Motion was passed on the consent agenda. Consent- Capital Projects 8. 23-0164 Motion authorizing Amendment No. 2 for a professional services contract with Hanson Professional Services Inc. to provide additional design for water and wastewater improvements for design, bid, and construction phase services for the Residential Street Rebuild Program in an amount of$906,376.50 for a total amount not to exceed $6,158,879.89, located Citywide, with Fiscal Year 2023 funding available from the Water, and Wastewater Funds. Mayor Guajardo referred to Items 8 and 9. Council Members, City Manager Peter Zanoni, Director of Engineering Services Jeff Edmonds, Director of Public Works Ernesto De La Garza, and Assistant City Manager Neiman Young discussed the following topics: regarding Item 8, the amendment will ensure that utility work and street improvements are designed under one engineering firm, making the process more efficient; regarding Item 9, the change order will add the city is working on migrating the in-house program and the Infrastructure Management Plan's (IMP) work to pavement type work; staff is in the process of updating the IMP and should be prepared to present the updated plan in April; residential street repair should be the city's number one priority; a Council Member's request to provide the status of a residential street project to the city's website; a request for a list of hot mix versus cold mix streets; Haas-Anderson has the capacity to the 11 residential streets to their workload; the 11 streets are the last remaining projects from the FY 2021 program; the bond programs are listed on the city's IMP website; and a Council Member's request for more information on fund allocations for all street improvement programs. Council Member Hernandez made a motion to approve the motion, seconded by Council Member Barrera. This Motion was passed and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 City of Corpus Christi Page 4 Printed on 2124/2023 City Council Meeting Minutes -Draft February 21,2023 9. 23-0197 Motion authorizing the approval of Change Order No. 1 with Haas-Anderson Construction, LLC., Texas, for Infrastructure Management Program projects in an amount of$2,510,043.95 for a total amount of$12,550,219.75, located city-wide with funding available through the Street Preventative Maintenance Program (SPMP), Street, Storm Water, Water, Wastewater and Gas Funds. See Item 8. Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 General Consent Items 10. 23-0327 Motion authorizing the Fourth Amended and Restated Management Services Agreement between the Corpus Christi Area Convention and Visitors' Bureau ("VCC") and the City of Corpus Christi, which includes amendments to the VCC bylaws. This Motion was passed on the consent agenda. J. RECESS FOR LUNCH: (NONE) K. PUBLIC HEARINGS: (ITEM 11) 11. 23-0241 Case No. 0123-01 Bella Holdings, LLC: (District 2): Ordinance rezoning property at or near 3104 South Alameda Street, located along the east side of South Alameda Street, north of Glazebrook Street and south of Mc Call Street, from the "ON" Neighborhood Office District to the "CN-1" Neighborhood Commercial District. (Planning Commission and Staff recommend approval of the rezoning request from the "ON" Neighborhood Office District to the "CN-1" Neighborhood Office District). Mayor Guajardo referred to Item 11. Mayor Guajardo opened the public hearing. There were no comments from the Council or the public. Mayor Guajardo closed the public hearing. Council Member Pusley made a motion to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: City of Corpus Christi Page 5 Printed on 2124/2023 City Council Meeting Minutes -Draft February 21,2023 Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 L. INDIVIDUAL CONSIDERATION ITEMS: (NONE) M. RECESS TO CORPORATION MEETING: (ITEM 12) Mayor Guajardo recessed the Council meeting for the corporation meeting at 1:11 p.m. 12. 23-0276 Annual Board Meeting of the Corpus Christi Housing Finance Corporation (CCHFC) to elect officers, consider a resolution amending and reaffirming the Corpus Christi Housing Finance Corporation's Investment Policy and Investment Strategy, and consider an Inducement Resolution for$17,625,000 in Multifamily Housing Revenue Bonds for a new 152-unit affordable housing multi-family development at Greenwood Drive and Gollihar Road. This Board Meeting was held. N. RECONVENE CITY COUNCIL MEETING: Mayor Guajardo reconvened the Council meeting at 1:44 p.m O. BRIEFINGS: (NONE) P. EXECUTIVE SESSION: (NONE) Q. ADJOURNMENT There being no further business, Mayor Guajardo adjourned this meeting at 1:44 p.m. City of Corpus Christi Page 6 Printed on 2/24/2023 ,muS c� �o 0 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of February 21, 2023 "za$ Eo Second Reading for the City Council Meeting of February 28, 2023 DATE: February 21, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning for Property at or near 3104 South Alameda Street CAPTION: Case No 0123-01 Bella Holdings, LLC (District 2): Ordinance rezoning property at or near 3104 South Alameda Street from the "ON" Neighborhood Office District to the "CN- 1" Neighborhood Commercial District. PURPOSE: To allow for the conversion of a former professional office building for a bakery and restaurant use. BACKGROUND AND FINDINGS: The subject property is 0.51 acres in size. To the north of the site, properties are zoned "ON" Neighborhood Office District and are either vacant or have low-density residential uses. To the south, properties are zoned "ON" Neighborhood Office District, with professional office and commercial uses. To the east, properties are zoned "RS-6" Single-Family 6 District with low-density residential uses. To the west, properties are zoned "CG-2" General Commercial District with low-density residential and commercial uses. The proposed rezoning is consistent with the Future Land Use Map, which recommends commercial uses and is consistent with the Southeast Area Development Plan. The proposed conversion of the vacant professional office space is a superb example of adaptive reuse. After evaluation of case materials provided and subsequent staff analysis including land development, surrounding uses and zoning, transportation and circulation, utilities, Comprehensive Plan consistency, and considering public input, staff proposed approval of the change of zoning. Typical uses allowed in the "ON" Neighborhood Office District are apartments, offices, and limited Restaurant/Retail. Not permitted are bars, mini-storage, and vehicle sales and repair. Typical uses allowed in the "CN-1" Neighborhood Commercial District are apartments, offices, retail and service, and car wash (automated). Not permitted are bars, mini- storage, and vehicle sales and repair. ALTERNATIVES: 1 . Denial of the change of zoning from the "ON" Neighborhood Office District to the "CN-1" Neighborhood Commercial District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Planning Commission and Staff recommended approval of the change of zoning from the "ON" Neighborhood Office District to the "CN-1" Neighborhood Commercial District on January 11 , 2023. Vote Count.- For: ount:For: 6 Opposed: 0 Absent: 1 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0123-01 Bella Holdings LLC (District 2): Ordinance rezoning a property at or near 3104 South Alameda Street from the "ON" Neighborhood Office District to the "CN-1" Neighborhood Office District. Providing for a penalty not to exceed $2,000 and publication. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as Lots 9, 10, and 11, Block 1 , Alameda Place, as shown in Exhibit "A": From the "ON" Neighborhood Office District to the "CN-1" Neighborhood Office District. The subject property is located at or near 3104 South Alameda Street. Exhibit "A", which is a map of the subject property is attached to and incorporated in this ordinance. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1 , 2011 , and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1 , Section 1 .10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 2 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 3 of 4 Exhibit A ON 5� RS-6 ON 5� SUBjEC,T111 �GprG Pf20PERTY; ON CG- 2 ON ON ON CASE: 0123-01 �, SUBJECT PROPERTY WITH ZONING Carpus ® Christi Subject Property Fl LrnWd lndlMUI D%= A-1A .^.F 3r-'i':-:.Ie 71Sulct F2 LArnlndu&Wal DIs Ml A-2 P¢er-.:..-:.Ia.'STI;: N He ylndl tlal D=ct 0 AB PW-- PITC Pwmed Ul KDevm Pp t AT Paan.._.....-:_;r:: R-1A IX e Fwlly Dwelling IASL1d SUBJECT\ e-1 Ye1gr::-::::_.,;-ase_land R-18 IXeFwlly Dweldrg INSL1d PROPERTY 8-1A Yelgr::-' ,;I-=_6s Mma R-1C One Fwlly Dwelling IN d 8-2 5cl,:'::.5'=-=.C[Wd R-2 MUtple Caeling DMd 9-24 B-e T: Dls M RA One Fwlly Dwelling DO= y ... 93 BLar;;;=~. RE Re6MerMal E9aW Us= 1 OpJ 9d .. - _ -! 7161nct R-TH Tmnnn DmIIFIg D6L1dt 8-: _ _.. -::71,00 SP Sped3l P—n r v n•"o D15klcc TAA Tralel Tm1w Palk Dl.M 8 9C - Beacrt D",C16L T-18 Maluladued Home Pa1R I1160kY Cit of - F-R �3r- �;d T-1C MaluladuedHomeSU A-, corlIII 1_OCATftJN MAP HC -1f rat-CiMmlLwnd Damd C'hrirll Ec•,HS:E.0 f_Ser:at On Page 4 of 4 ZONING REPORT Case # 0123-01 Applicant & Subject Property City Council District: 2 Owner: Bella Holdings, LLC Applicant: ALAFJO, LLC Address: 3104, 3118 South Alameda Street, located along the east side of South Alameda Street, north of Glazebrook Street and south of Mc Call Street. Legal Description: Lots 9, 10, and 11 , Block 1 , Alameda Place Acreage of Subject Property: 0.51 acres Pre-Submission Meeting: November 28, 2022 Zoning Request From: "ON" Neighborhood Office District To: "CN-1" Neighborhood Commercial District Purpose of Request: To allow for the conversion of a former professional office space for bakery and restaurant use. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "ON" Neighborhood Office Professional Office Commercial North "ON" Neighborhood Office Low-Density Residential Medium-Density Professional Office, Residential, Commercial South "ON" Neighborhood Office Professional Office, Commercial Commercial East "RS-6" Single-Family 6 Low-Density Residential Medium-Density Residential Low-Density Residential, Medium-Density West "CG-2" General Commercial Commercial Residential, Commercial Plat Status: The properties are platted. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): No Code Violations: None Transportation and Circulation Designation-Urban Section Proposed Section Existing South Alameda Street Street `°A2" Arterial Street 4 Lanes, 5 Lanes, 100 feet 100 feet Transit: The Corpus Christi RTA provides service to the subject property via routes 17 Carroll/Southside, 5 Alameda A and B, and 5S Sunday Alameda Malls. Bicycle Mobility Plan: The subject property is approximately 500 feet away from a proposed Bike Boulevard on Glazebrook Street. Utilities Gas: 2" WS line along the rear property line. Stormwater: 30" storm pipe on the west side of South Alameda Street. Wastewater: 6" clay service line along the rear property line. Water: 4" CIP line along the rear property line and a 12" PVC line on the east side of South Alameda. Corpus Christi Comprehensive Plan Plan CC: Provides a vision, goals, and strategies, to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction (ETJ) was adopted in 2016. Area Development Plan (ADP): According to Plan CC the subject property is located within the Southeast Area Development Plan (Adopted on July 11 , 1995). Water Master Plan: No improvements have been proposed. Wastewater Master Plan: No improvements have been proposed. Stormwater Master Plan: No improvements have been proposed. Public Notification Number of Notices Mailed • 28 within a 200-foot notification area • 1 outside 200-foot notification area In Opposition • 0 inside the notification area • 0 inside the notification area • 0% in opposition within the 200-foot notification area (1 individual property owner) Public Hearing Schedule Planning Commission Hearing Date: January 11 , 2023 City Council 1St Reading/Public Hearing Date: February 21, 2023 City Council 2nd Reading Date: February 28, 2023 Comprehensive Plan Consistency: • Plan CC: The proposed rezoning is consistent with the following Goals and Strategies for Decision Makers: o Resilience & Resource Efficiency ■ Encourage the preservation and adaptive reuse of existing structures to reduce construction waste and conserve energy and materials. o Future Land Use, Zoning, and Urban Design ■ Promote the stabilization, revitalization, and redevelopment of older neighborhoods. ■ Promote a balanced mix of land uses to accommodate continued growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. Zoning Report Page 3 ■ Promote interconnected neighborhoods with appropriate transitions between lower-intensity and higher-intensity land uses. o Transportation & Mobility ■ Support the partnership with the Corpus Christi Regional Transportation Authority to increase ridership and reduce single-occupancy vehicle use while helping to reduce air pollution. • Future Land Use Map: The proposed rezoning is consistent. o Designated Future Land Use: Commercial. • Area Development Plan (Southeast): The proposed rezoning is consistent with the following: o Principle Objectives: Designate appropriate land uses and a transportation network to adequately serve existing and future land uses. o Land Use: Place low-intensity activities next to single-family uses. o Future Land Use Suitable Table: Neighborhood commercial uses are acceptable in commercial districts. Staff Analysis: "While the comprehensive plan is consulted when making decisions about rezoning. It does not justify the denial of a plat or the development of land." (Plan CC). Staff reviewed the subject property's background information and the applicant's purpose for the rezoning request and conducted research into the property's land development history to include platting, zoning, existing surrounding land uses, and potential code violations. Staff compared the proposed zoning's consistency with the applicable elements of the comprehensive plan. As a result of the above analysis, staff notes the following: o The current "ON" Neighborhood Office District limits eating establishments to 3,000 square feet of gross floor area whereas the requested zoning district of "CN-1" Neighborhood Commercial will allow for 5,000 square feet of the gross floor area of the restaurant and bakery uses, as requested by the applicant. o The proposed conversion of the vacant professional office space is a superb example of adaptive reuse. o Redevelopment of vacant properties helps to decrease the possibility of crime. The owner has experienced various crimes within the vacant office building property. o The proposed use is in keeping with the character of the neighborhood and compatible with adjacent land uses. o The proposed rezoning is consistent with the Future Land Use Map and is consistent with many broader elements of the City of Corpus Christi Comprehensive Plan. After evaluation of case materials provided and subsequent staff analysis including land development, surrounding uses and zoning, transportation and circulation, utilities, Comprehensive Plan consistency, and considering public input, staff recommends approval of the change of zoning. Planning Commission and Staff Recommendation (January 11, 2023): Approval of the change of zoning from the "ON" Neighborhood Office District to the "CN-1" Neighborhood Commercial District. ATTACHMENT A: EXISTING ZONING AND NOTICE AREA ON 24 29 8 22 21 9 7 A 20 14 f25 - ON 19 27 11 1 28 18 26 12 SUB E C ` 13 6 14 5 4 15 25 3 CG - 2 16 ON 2 ON ON CASE: 0123-01 N Zoning and norice Area 5 Corpus RM-1 Multifamily 2 IH Heavy ndustrtal C h r i sti RM-2 Multifamily 2 IH Heavy Industrial 1 RM3 MukirimilyI PUO Planned Unit Oev.Overlay OR Professiorul OFioe RS-10 Single-Family 10 y+•, r'va; 1. RM-AT Muhifamily ATRS-6F Singleamily 6 I CN-1 Neighborhood Commercial RSd.5 Single-Family 4,5 m CN-2 Neighborhood Commercial RS-TF Two-Family h CR-1 Resort Commercial RS-15 Single-Fatuity 15 '� n CR-2 Resort Conmercial RE Residential Estate CG-1 General Commercial RS-TH T house rj �- CG-2 General Commercial SP Special Permit .1"n CI Intensive Camrercial �, Recraatiarul Vehicle Park $iIBJECT� Ceo D.—b.—Commercial RMH Mamufwbjred Hone PROPERTY "d, CR-3 Resort Commercial ,F FR Hann Rural ••J'F H Historic Overlay �y4 BP Business Parktr A' yyry � -14u,2[Pro rn9x 0 Pnn- � ni[h 200' d O» wffiin200•kiedonowners Cityof Em.HERE arta-IhedorrrerAprabre X� r, Coleus - LQCA-T'181 MAP Christi Zoning Case 0123-01 Bella Holdings, LLC DISTRICT 2 Rezoning for a property at 3104 & 3118 S.Alameda Street 't From "ON" to "CN-1" 57 Corpus s Wdg-•„ -Chr1511 Carpus Christi Bay r,. SUBJECT\ r' PROPERTY , x' v+` C o c o _s a � E-HERE Coipu. . LOCATION MAP 1` City Council +.. February 21, 2023 Zoning and Land Use ON Proposed Use: o N E°P`'s To allow for the conversion of a former professional office space for a bakery and restaurant use. Area Development Plan: Southeast (Adopted June 11, 1995) RS-6 ON s Future Land Use Map: Commercial P� Existing Zoning: "ON" Neighborhood Office District p, Adjacent Land Uses: • North: Low-Density Residential, Professional Office cc-s (Zoned: ON) N ON • South: Professional Office, Commercial (Zoned: ON) ON • East: Low-Density Residential (Zoned: RS-6) 1 • West: Low-Density Residential, Commercial ON (Zoned: CG-2) Public Notification 28 Notices mailed inside 200' buffer oN 1 Notice(s) mailed outside 200' buffer O,N SOF( Notification Area \ RS- � Opposed: 0 (0%) 27 ON II Separate Opposed Owners. 0 26 s \ In Favor: 0 (0.00%) �%/ 6 5 J5 3 C 2 I "Notified property owner's land in SQF/Total square ON 2 footage of all property in the notification area = N Percentage of public opposition. N ON Analysis and Recommendation • The current "ON" Neighborhood Office District limits eating establishments to 3,000 square feet, whereas the requested zoning district of"CN-V Neighborhood Commercial will allow for 5,000 square feet of restaurant and bakery uses, as requested by the applicant. • The proposed conversion of the former professional office space is a great example of the adaptive reuse of an existing structure. • The redevelopment of the property will help to decrease the vagrancy currently being experienced by the defunct professional office space. • The proposed use is in keeping with the character of the neighborhood and adjacent land uses. • The proposed rezoning is consistent with the Future Land Use Map and is consistent with many broader elements of the City of Corpus Christi Comprehensive Plan. PLANNING COMMISSION AND STAFF RECOMMENDATION: Approval of the rezoning request from the "ON" Neighborhood Office District to the "CN-1" Neighborhood Commercial District. �vs cr� G� AGENDA MEMORANDUM rycoApoRAE� Action Item for the City Council Meeting of February 28, 2023 DATE: February 28, 2023 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police M ikema(o)-cctexas.com 361-886-2601 Amendment to Consolidated Emergency Dispatch Center Interlocal Agreement between the City of Corpus Christi and Nueces County CAPTION: Resolution authorizing an amendment to the Consolidated Emergency Dispatch Center Interlocal Agreement between the City of Corpus Christi and Nueces County to include in the agreement the City of Bishop as a MetroCom participant. SUMMARY: The City of Bishop wants to use MetroCom for all 911 emergency calls and law enforcement dispatch functions. In order for the City of Bishop to participate in MetroCom, the existing Consolidated Emergency Dispatch Center Interlocal Agreement between the City of Corpus Christi and Nueces County must be modified to include the City of Bishop. BACKGROUND AND FINDINGS: The MetroCom Board approved the recommendation to include the City of Bishop (Bishop) in the interlocal agreement between the City of Corpus Christi and Nueces County on July 18, 2022. The MetorCom Board consists of the Mayor of Corpus Christi and the Nueces County Judge. It also was approved by the MetroCom Committee and the Nueces County Commissioner's Court. Bishop's City Council originally signed the agreement on November 2, 2022; however, changes were made to the agreement since then which further delayed the final execution of the agreement. Eventually, each of the three parties (City of Corpus Christi, Nueces County, and City of Bishop) all agreed to proportionately fund the operations of the MetroCom center. The MetroCom Board establishes a method of dividing operating expenses based upon the usage of the system by each of the entities.The most efficient method to track and project usage is through the Computer Aided Dispatch or CAD history files. Using the formula established by the MetroCom Board, Bishop's contribution has been determined using their current figures (Entity's calls for service (4,116)/MetroCom total calls for service (581,750) x MetroCom budget ($8,334,173) = Entity's contribution). Bishop will contribute $58,339 for the remainder of this year. This amount will be paid by Bishop in advance for MetroCom dispatching services or within 10 days of the execution of the contract and will be prorated for the current fiscal year. After the initial year, the full amount is due to the City by January 1 of each calendar year. The City of Driscoll (Driscoll) also has requested to be formally incorporated into the Consolidated Emergency Dispatch Center Interlocal Agreement. The Corpus Christi Police Department (CCPD) expects to bring an item incorporating Driscoll into the Consolidated Emergency Dispatch Center Interlocal Agreement to City Council for consideration before the end of 2023. Driscoll also will be subject to payment into MetroCom once fully incorporated into the Consolidated Emergency Dispatch Center Interlocal Agreement. Currently, MetroCom provides dispatch services for the following entities: • Corpus Christi Police Department • Corpus Christi Fire Department • Nueces County Sheriffs Office • Driscoll Police Department • Bishop Police Department • Nueces County Constables, Precincts 1- 5 • Nueces County Emergency Services Districts (ESDs) Only Driscoll, Bishop, and Robstown have police departments. The other cities do not have police patrol, and the only emergency response is from the Nueces County Sheriff's Office (NCSO) or Constables. MetroCom has been dispatching for NCSO and ESDs and Driscoll since 2000. ALTERNATIVES: The alternative is not to incorporate Bishop into the Consolidated Emergency Dispatch Center Interlocal Agreement. However, if this occurs, then MetroCom will continue to respond to dispatch service calls for Bishop without receiving funds for providing the services. FINANCIAL IMPACT: The City will receive $58,339.00 from Bishop and the $58,339.00 will be deposited into the MetroCom Fund 1048. FUNDING DETAIL: Fund: MetroCom Fund 1048 Account: 303036 - Metrocom various interlocal agreements Activity: 11800 Amount: $58,339.00 RECOMMENDATION: Staff recommends supporting the resolution to amend the interlocal agreement, as presented. LIST OF SUPPORTING DOCUMENTS: Interlocal agreement Resolution Ordinance amending the Consolidated Emergency Dispatch Center Interlocal Agreement between the City of Corpus Christi and Nueces County to include the City of Bishop as a participant; appropriating funds in the amount of $58,339.00 to the MetroCom Fund; and amending the operating budget. WHEREAS, the City of Corpus Christi (City) and Nueces County (County) are parties to an Interlocal Cooperation Agreement dated June 5, 2000 (Consolidated Dispatch Emergency Center; MetroCom), providing for the City and County consolidate their public safety dispatch centers into a single public safety answering point known as "MetroCom" for the areas served by the City and County; WHEREAS, the City and County are parties to an Interlocal Cooperation Agreement dated April 4, 2003, being the first amendment to the Consolidated Dispatch Emergency Center Interlocal Agreement establishing a cost allocation method; and WHEREAS, the City and County are parties to an Interlocal Cooperation Agreement dated November 10, 2010 (MetroCom Consolidated Dispatch Emergency Center), being the second amendment to the Consolidated Dispatch Emergency Center Interlocal Agreement; WHEREAS, the City and County wish to update the agreement to include the City of Bishop to consolidate its public safety dispatch center with MetroCom for the areas served by Bishop. 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 Amendment #3 to the Interlocal Cooperation Agreement with Nueces County to include the City of Bishop (Bishop) to consolidate its public safety dispatch center with MetroCom for the areas served by Bishop. SECTION 2. Funding in the amount of$58,339.00 is appropriated in the MetroCom Fund from Bishop for MetroCom participation in dispatching services. SECTION 3. The 2022-2023 Operating Budget approved by Ordinance No. 032855 is amended to increase revenues. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on the day of , 2023: ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor AMENDMENT to Original Interlocal Cooperation Agreement between City of Corpus Christi& County of Nueces adding City of Bishop to Consolidated Emergency Dispatch Center Services(MetroCom) This Interlocal Cooperation Agreement"(Agreement')is made by and between the City of Corpus Christi,Texas("City"),a Texas home-rule municipal corporation,the County of Nueces("County'),a political subdivision of the State of Texas,and the City of Bishop,Texas ("Bishop");a Texas general law city,each acting herein by and through its duly authorized officials,effective for all purposes upon the execution by all parties. WHEREAS, the City and County have developed and jointly own an 800-mHz trunked radio communications system("System")thatprovides for public safety radio communications within the jurisdictions of the two entities; WHEREAS, in 1993,the County commissioned a communications study,the results of which were known as"MetroCom,"calling for the development of a single consolidated public safety answering point("PSAP")for all 9-1-1 emergency calls and dispatch functions within the areas served by the City and the County,with the potential for further consolidation of efforts to include other cities within Nueces County; WHEREAS, the City and the County are parties to an Interlocal Cooperation Agreement dated June 1,2000[the"Consolidated Emergency Dispatch Center(MetroCom)Agreement"] providing for the development and implementation of MetroCom;and WHEREAS, the City of Bishop desires to participate and use MetroCom for all 9-1-1 emergency calls and law enforcement dispatch functions. NOW,THEREFORE,BE IT AGREED BY THE CITY OF CORPUS CHRISTI, THE COUNTY OF NUECES, AND THE CITY OF BISHOP (°'Parties"): ARTICLE 1: PURPOSE AND GOALS The purpose and goals of this Agreement shall be to provide costeffective and efficient emergency services for the citizens and community served by the parties through the use of a regional 9-1-1 emergency dispatching center staffed by trained professionals to operate the public safety answering point("PSAP"). ARTICLE 2: FUNCTIONS OF VETROCOM FOR BISHOP MetroCom shall provide emergency communications dispatch services to Bishop as outlined in Page 1 of 7 20220719-12114 the Agreement. Such communication services shall include: a. 9-1-1 emergency dispatch for fire units,EMS units,and call taking for law enforcement purposes only; b. Dispatch of responding units; c. Information services for field units; d. CMD dispatch and community alert functions; e. Serve as a point of local emergency service contact for State and Federal resources;and f. Other dispatching services as approved by operating procedures(SOP). ARTICLE 3: BACKGROUND SCREENINGS Bishop is responsible to ensure that background screenings are conducted on all personnel with access to the Federal Bureau of Investigations("FBI")Criminal Justice Information System ("CJIS")systems information. As directed by the FBI CHS Security Policy:(1)State and national fingerprint-based record checks must be conducted within 3 0 days upon initial employment or assignment for all personnel having access to FBI CJIS systems information;(2) appropriate background investigations must be conducted on personnel with access to FBI CJIS Division's record information;and(3)in cases where an applicant already has access from another law enforcement agency,temporary access may be granted prior to confirmation of the new identification check. If a record of any kind is found,access-will not be granted or allowed by Bishop until the Department of Public Safety can review the matter to decide if access is appropriate. ARTICLE 4: TLETSINLETS and TCIC/NCIC CERTIFICATIONS Bishop is responsible to ensure that its employees obtain and maintain current Texas and National Law Enforcement Telecommunications Systems("TLETS"and"NLETS")and Texas and National Crime Information Centers("TCIC"and"NCIC")certifications.Prior to disseminating any TCIC and NCIC information,Bishop agrees to file the required certifications- with the City so the City may verify that Bishop's employees are eligible to obtain such information. The City and MetroCom will deny any request for TCIC and NCIC information from employees who are not certified or do not have current certifications on file. ARTICLE S: WARRANT FUNCTIONS Bishop will be responsible for entering warrant information for its law enforcement agency as required by law. Agencies that enter records into NCIC/TCIC are responsible for the accuracy, timeliness,and completeness of the records. The City,County,and MetroCom will not assume the role or duty to enter and update warrant information for Bishop and will not be responsible for the accuracy of such information. The warrant functions performed by Bishop under this Agreement shall never shift to the City,County,and MetroCom. ARTICLE 6: METROCOM OPERATING CENTER The MetroCom center will be administered by the City under the terms of an adopted set of Standard Operating Procedures(SOP)and budget. These SOPs are to be developed by the System Operations Committee and shall be approved by the MetroCom Board to be binding and effective. Page 2 of 7 ARTICLE 7: SHARED OPERATIONAL COSTS The parries agree to jointly fund the operations of the MetroCom center. The MetroCom Board establishes a method of dividing operating expenses based uponthe usage of the system by each of the entities,and the most efficient method to track and projectusage is through the Computer Aided Dispatch("CAD")history files.Usingthe formula established the MetroCom Board, (Entity's calls far service (4,116)/MetroCom total calls for service(.581,750)x MetroCom budget($8,334,173) =Entity's contribution) The City of Bishop will contribute$58,339 this year.The formula established by the MetroCom Board will determine the City of Bishop's contribution each year. Therefore,effective upon execution,fifty-eight thousand three hundred and thirty-nine($58,339) dollars,will be allocated to and paid by Bishop in advance for MetroCom dispatching services. Nothing contained in this Agreement precludes the addition of other PSAPs to the MetroCom center nor shall this Agreement preclude the allocations of cost to other administrations, jurisdictions,and program participants. ARTICLE 8: TERM AND TERMINATION This Agreement shall begin on the final date of execution by all parries for an initial term of one (1)year and automatically renew annually without further action by the parties. The City Manager, or his designee,is authorized to execute any and all subsequent renewals and amendments to this Agreement. This Agreement may be terminated at any time by any parry upon ninety(90)days written notice to the other two parties. A violation of either Article 4 or Article 5 shall result in immediate termination of the Agreement. ARTICLE 9: PAYMENT AND CURRENT REVENUE Payment shall be made by Bishop within thirty(3 0)days from receipt of the other party's [Intentionally Left Blank] Page 3 of 7 [CONTINUED FROM PAGE 3 ARTICLE 9:PAYMENT AND CURENT REVENUE] City of Corpus Christi shall invoice City of Bishop. Payment shall be made by Bishop within thirty (30)days from Bishop's receipt of invoice from City of Corpus Christi for expenses incurred in the performance of this Agreement.Bishop shall remit payment directly to the City of Corpus Christi with the payment stub from the City of Corpus Christi `s invoice attached to Bishop's check to the following address: City of Corpus Christi P. O.Box. 9257 Corpus Christi,Texas Any payment made by Bishop for any of the services provided pursuant to this Agreement shall be made out of current revenues available to Bishop as required by the Texas Interlocal Cooperation Act. ARTICLE 10: SEVERABILITY If any portion of this Agreement, or the application thereof to any person or circumstances, shall ever be held to be invalid or unconstitutional by any court of cornpetent jurisdiction,the remainder of the Agreement shall not be affected thereby and shall continue to be enforceable in accordance with its terms. [INTENTIONALLY LEFT BLANK] Page 4 of 7 ARTICLE 11: NOTICES Notices allowed or required under this Agreement shall be addressed to and sentto the parties as indicated below,unless such address is changed by written notice to such effect,and any notice shall be effective when deposited in the U.S.snail,postage prepaid, certified,return receipt requested. CITY: City Manager 1201 Leopard Street Corpus Christi,TX 78401 with a copy to: Chief of Police Corpus Christi Police Department 321 John Sartain Corpus Christi,TX 78401 COUNTY: County Judge Nueces County Courthouse 401 Leopard Street,Room 303 Corpus Christi,TX 78401 BISHOP: Mayor and Chief of Police City of Bishop 203 E.Main St Bishop,TX 78343 ARTICLE 12: LAW AND VENUE All parties shall comply with all applicable federal, State,county and local laws,ordinances, rules,and regulations pertainingto this Agreement and eachparty's respective performance hereunder. This Agreement will be interpreted according to the Texas laws which govern the interpretation of contracts.Venue for an action arising under this Agreement shall lie in Nueces County,Texas,and be in accordance with the Texas Rules of Civil Procedure. ARTICLE 13:ENTIRE AGREEMENT AND WRITTEN AMENDMENT This Agreement represents the entire agreement between the parties and may not be modified by any oral agreements or understandings.Any amendments must be made in writing and signed by all parties.No officer or employee of any of the parties may waive or otherwise modify the limitations in this Agreement,without the express action of the governing body of the party.. Page 5 of 7 ARTICLE 14:ASSIGNMENT AND SUCCESSORS This Agreement shall be binding on and inure to the benefit of the parties to the Agreement and their respective successors and permitted assigns.This Agreement may not be assigned by any party without the written consent of all of the other parties. This Agreement does not create any personal liability on the part of any officer or agent of the City,County,Bishop,or any of their respective officers,agents,or employees. ARTICLE 15:LIABILITY Each party to this Agreement will be responsible for any civil liability for its own actions under this Agreement,except that nothing in this Agreement shall constitute a waiver or limitation on any immunity,defense,or other protection afforded either party under State or federal law.The liability,if any,of either party,shall be that prescribed by the laws of the State of Texas. ARTICLE 16:NON-WAIVER Failure of any party to this Agreement to.insist on the strict performance of any of the conditions or agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on,and to enforce by any appropriate remedy,strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. ARTICLE 17:NO WAIVER OF IMMUNITY No party to this Agreement waives or relinquishes any governmental,official,or other immunity or defense on behalf of itself,its officers,employees,and agents as a result of its execution of this Agreement and performance of the covenants contained herein. ARTICLE 18:NO THIRD PARTY BENEFIT This Agreement and all activities under this Agreement are solely for the benefit of the parties and not the benefit of any third party. ARTICLE 19:WARRANTY This Agreement has been officially authorized by the governing body of each party,and each signatory has full authority to execute the Agreement and to legally bind their respective party to this Agreement. ARTICLE 20:CONTINUATION OF PROVISIONS. This Agreement amends the existing Consolidated Emergency Dispatch Center Interlocal Agreement to the extent necessary to add and include the City of Bishop.All other provisions of the Consolidated Emergency Dispatch Center Interlocal that do not conflict with this Agreement remain in full force and effect and are unchanged by this instrument,by the intention of the parties. EXECUTED in triplicate to be effective as of the last execution date set forth below: Page 6 of 7 3. 1 l .02 City of Corpus Christi: ATTEST: Approved as to form Peter Zanoni gz. ek- ca- Alexander Garcia City Manager City Secretary Assistant City Attorney Date: Date: Date: County of Nueces: ATTEST: Approved as to form: 116tI -I Barbr Canales Kara ands ��g .'."'" mac Jenny orsey County Judge County Clerk o p ucces County Attorney Date: la/(L4/ g� Date: U {j]k�' ate: City of Bishop: ATTEST: Approved as to form: 101, 64-1 Tem Miller Salvador Ochoa Gerald Benadum Mayor �4�2� City Secretary City Attorney Date: Date: ��3 ._�3 Date: Z7 2-3 Page 7 of 7 20220719-12114 so �o o� A v µoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of February 28, 2023 DATE: February 28, 2023 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(a)-cctexas.com (361) 886-2603 Approval to submit a grant application to the State of Texas, Office of the Governor's Homeland Security Grants Division for FY 2024 funding available under the Local Border Security Program Grant CAPTION: Resolution authorizing the submission of a grant application in the amount of$133,280.26 to the Office of the Governor Homeland Security Grants Division for the Corpus Christi Police Department to provide funding for overtime and retirement funds for four sworn officers eligible under the FY 2024 Local Border Security Program Grant. SUMMARY: The purpose of the program is to sustain interagency law enforcement operations and to enhance local law enforcement patrols that facilitate directed actions to deter and interdict criminal activity while assisting in the execution of coordinated border security operations. The operations take place within the city limits and extraterritorial jurisdiction of Corpus Christi. BACKGROUND AND FINDINGS: The Corpus Christi Police Department(CCPD)will deploy officers on an overtime basis to conduct direct actions and operations within the city limits and extraterritorial jurisdiction (ETJ) targeting known drug, currency, and human trafficking routes operating in the South Texas area to points north (ETJ extends five miles out from the City's boundaries). The purpose of this effort is to reduce border-related criminal activity, decrease the supply of drugs smuggled into and through Texas from Mexico, and disrupt and deter operations of gang and cartel criminal organizations. The grant funding provides for overtime and retirement for four sworn officers for three hours per day, three days per week, for 40 weeks. There is no required City match for this grant. Funding is available from October 1, 2023 through September 30, 2024. The City must apply for these funds each year. The City has received this grant since 2008. For FY 2023, the City received $94,500.00 from this grant. ALTERNATIVES: The alternative is not to apply for the grant and, therefore, lose the ability to provide enhanced enforcement for known drug, currency, and human trafficking routes operating with the city limits and ETJ. CCPD did not budget these funds in the approved FY 2023 General Fund Budget. FINANCIAL IMPACT: The Local Border Security Program (LBSP) Grant in the amount of$133,280.26 will increase the Police Grants Revenue for the LBSP Program. Funding Detail Fund 1061 Police Grants Fund Organization/Activity: 1061 Mission Element: 151 Project # (CIP Only): N/A Account: 510200—Overtime 511000 - Retirement RECOMMENDATION: Staff recommends submitting the grant application, as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution authorizing the submission of a grant application in the amount of $133,280.26 to the Office of the Governor Homeland Security Grants Division for the Corpus Christi Police Department to provide funding for overtime and retirement for four sworn officers eligible under the FY 2024 Local Border Security Program Grant. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Council authorizes submission of the grant application to the State of Texas Office of the Governor's Homeland Security Grants Division $133,280.26 for funding available under the Local Border Security Program Grant. SECTION 2. The City Council designates the Chief of Police as the grantee's authorized official. The authorized official may apply for, accept, reject, alter, or terminate the grant. SECTION 3. In the event of the loss or misuse of these State of Texas Office of the Governor's Homeland Security Grants Division funds, the City of Corpus Christi assures that the funds will be returned. 2 PASSED AND APPROVED on the day of , 2023: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor .mUS cr� �o U NORP00.P5 ED AGENDA MEMORANDUM T852 Action Item for the City Council Meeting of February 28, 2023 DATE: February 28, 2023 TO: Peter Zanoni, City Manager THRU: Nadia Chandler Hardy, Assistant City Manager NadiaCH(a)cctexas.com (361) 826-3506 FROM: Kevin Smith, Director of Aviation KevinS4(a)cctexas.com (361) 289-0171 Resolution for a Memorandum of Agreement (MOA) between Federal Aviation Administration (FAA), Corpus Christi International Airport (CCIA), and the Texas State Historic Preservation Officer (SHPO), regarding the demolition of Gault Hangar Project, located at the Corpus Christi International Airport CAPTION: Resolution authorizing execution of a Memorandum of Agreement between the Federal Aviation Administration, the Texas State Historic Preservation Officer (SHPO), and the City of Corpus Christi for the demolition of the Gault Hangar located at the Corpus Christi International Airport. SUMMARY: Staff requests City Council to authorize the execution of a Memorandum of Agreement that will initiate the demolition and removal process of the East General Aviation (G.A.) Hangar No.1 (Proposed Action stated in the Environmental Assessment (EA)), in accordance with FAA Order 5050.413 National Environmental Policy Act (NEPA) and the FAA Order 1050.1 F, Environmental Impacts and Section 106 of the National Historic Preservation Act (NHPA). The Lead Environmental Protection Specialist for the FAA agrees the hangar is a safety hazard and should be demolished. Both the FAA and SHPO have reviewed and concur with the mitigation stipulations in the draft MOA. The FAA and SHPO are anticipated to sign the MOA once the environmental process is complete and the City signs the MOA. BACKGROUND AND FINDINGS: The East General Aviation Hangar No. 1, also known as the Gault Hangar, functioned as an aviation hangar with office space to the East Side Fixed Base Operations (FBO) serving the general aviation community. The facility was under lease and management by Signature Flight Support until their departure in March 2020. Maintenance and utilization of the Gault Hangar reverted to the City of Corpus Christi. In the same month, the City of Corpus Christi performed their first assessment of the age and damage the Gault Hangar received from Hurricane Harvey. The assessment revealed multiple distresses in the building structure. Corrosive environmental conditions coupled with deficiencies in the structural system of the hangar that resulted in severe deterioration over time. With several deficiencies noted, including the potential for safety hazards from concrete pop-outs and spalls, the airport closed the facility from public entry. Since March 2020, the facility has been restricted from Airport and public use. In January 2021, CCIA coordinated with FAA, as required, to initiate the process of demolition of the Gault Hangar and associated office structures due to structural and safety concerns. A second structural assessment was conducted in September 2021 that identified worsened conditions. The 2021 Structural Observation Report found several deficiencies in the structural integrity of the Gault Hangar. Systemic visible damage resulting from severe prolonged moisture intrusion was observed along with deterioration sustained by the existing exposed concrete hangar structure. Exposure to salt and moisture has caused portions of the existing concrete structure to crack and spall which exposed the steel reinforcements to excessive corrosion and disintegration in some areas. In addition to being a physical hazard to life and property, large pieces of concrete have fallen from the Hangar which could result in impacts to aircraft safety by contributing to the presence of foreign object debris on the airfield. In accordance with FAA Order 5050.413 National Environmental Policy Act (NEPA) and the FAA Order 1050.1 F, CCIA conducted an environmental study and agency coordination, at which time the SHPO recommended the Gault Hangar as eligible for listing on the National Register of Historic Places. The Hangar is not listed on any historic register but was determined to be eligible based on its unique architectural and construction methods. SHPO also recommended that demolition of the Hangar would result in an adverse impact. SHPO finally recommended developing a mitigation plan if demolition could not be avoided. Alternatives to demolition were considered, however were deemed impracticable. It was determined that the proposed action of demolition would eliminate the safety concern and be more economically feasible. The hangar in its current condition is a blight on airport property and is in a critical location for future airport development. To grow and diversity the aeronautical business, CCIA intends to make the location an available parcel for future development of large aircraft storage hangars, commercial services providers, or mixed-use development. The Gault Hangar is several decades old and there are substantial concerns with the overall building, its usability, and serviceability. Therefore, CCIA coordinated with FAA and SHPO to develop mitigation options to be included in an MOA for the adverse effect of the proposed Action. Several consulting parties were also invited to provide input on the proposed mitigation options, and that input was considered in the development of the mitigation strategies included in the MOA. Consulting parties included Nueces County Historical Commission, Corpus Christi Historic Preservation Officer, Nueces County Historical Society, South Texas Flying Club, Corpus Christi AIA Chapter, Richter Architects, MidTexMod, and Ben Koush Associates. The project timeline includes the following events: • March 2020 Airport conducts first structural assessment and determines hangar to be unsafe. • March 2021 SHPO recommends Hangar 1 eligible for the National Register of Historic Places. • September 2021 Structural assessment concludes demolition remains the proposed action. • March 2022 Required Environmental Assessment conducted by Garver. • June 2022 Consulting party meeting held by Garver. • October 2022 FAA and THC conducted preliminary review of MOA. • November 2022 Draft Environmental Assessment completed by Garver. • December 2022 Comments and revisions performed on MOA and Environmental Assessment by FAA, THC, and CCIA. • February 2023 MOA projected to be executed. Environmental Assessment is posted for public comment. • Spring 2023 Demolition Project RFP is projected to be issued. The mitigation stipulations in the MOA include: • Developing and posting information on the history and design of the Gault Hangar, • Creating a digital 3D model of the hangar for posting on Airport and Texas Historical Commission websites, • Establishing a QR code to quickly locate websites with documentation on the Gault Hangar • Design and install an interpretive sign at the Airport to display information and images of the Hangar. The mitigation stipulations are documented in the MOA between the FAA, SHPO, and the CCIA. Consulting parties will be invited to sign the MOA in concurrence, but they are not a legal signatory of the agreement. An Environmental Assessment (EA) is currently being prepared for this Action. Upon FAA approval, it is anticipated that the Draft EA will be made available to the public for review and comment in February and an opportunity for a public meeting will be provided. The draft MOA is discussed in the EA and is included as an appendix to the document. At the end of the 45-day public review and comment period and once any comments are addressed, the EA will be finalized and submitted to FAA for a Finding of No Significant Impact (FONSI). In conjunction with issuance of the FONSI by FAA, the MOA would be executed by the signatories. The MOA will become null and void upon completion of all mitigative measures stipulated in the agreement. ALTERNATIVES: The Council can choose to authorize the MOA or not authorize the MOA. If the MOA is not authorized, it will be up to the FAA to determine if the project can proceed since the required Section 106 of the National Historic Preservation Act (NHPA) responsibilities could not be met. FISCAL IMPACT: There is no fiscal impact associated with the signature and execution of the MOA. The execution of the actions included within the MOA will be included in the future demolition contract and will be presented to City Council at a later date. FUNDING DETAIL: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A RECOMMENDATION: City staff recommends adoption of the resolution for the Memorandum of Agreement. The Airport Board recommended adoption of the resolution at their regularly scheduled meeting on January 25, 2023. LIST OF SUPPORTING DOCUMENTS: Resolution Memorandum of Agreement Environmental Assessment (EA) Resolution authorizing execution of a Memorandum of Agreement between the Federal Aviation Administration, the Texas State Historic Preservation Officer, and the City of Corpus Christi for the demolition of the Gault Hangar located at the Corpus Christi International Airport. WHEREAS, the Aviation Department, acting on behalf of the City of Corpus Christi ("City"), seeks to demolish the former Gault Hangar ("Hangar") located at the Corpus Christi International Airport ("CCIA"), which Hangar was constructed over 50 years ago, has exceeded its beneficial and useful life and would require extensive and costly safety-related renovations in order to obtain any future use of the Hangar by an aeronautical tenant or tenants; WHEREAS, the City, as the sponsor entity of CCIA, has previously received federal grant funding for aeronautical improvements at CCIA and, due to the same, is obligated to obtain the consent of the Federal Aviation Administration ("FAA") prior to undertaking demolition of the Hangar; WHEREAS, the Texas State Historical Commission, acting through the Texas State Historic Preservation Officer ("SHPO"), has an interest in preserving historical buildings and structures within the State of Texas and must be engaged prior to the demolition of the Hangar; WHEREAS, in accordance with federal and State laws, regulations, and rules, the City, as the sponsoring entity, sought the consent of the FAA and SHPO to pursue the demolition of the Hangar ("Project") and have memorialized the terms, conditions, and stipulations associated with the proposed Project in a formal Memorandum of Agreement ("MOA") to be executed by the parties; and WHEREAS, the City Council finds that the proposed demolition of the Hangar, pursuant to the foregoing and the agreed-upon terms, conditions, and stipulations of the Project's MOA to be a prudent undertaking deemed to be in the best interest of the citizens of Corpus Christi. 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 it adopts such findings for all intents and purposes related to the authorization and undertaking of this Project. Section 2. The City Manager, or his designee ("City Manager"), is authorized to execute the MOA with the FAA and SHPO for the demolition of the Gault Hangar located at CCIA in accordance with the terms, conditions, and stipulations specified in the MOA. Furthermore, the City Manager may amend or modify provisions of the MOA, as deemed required or necessary, in advance of and during the undertaking of the Project in order to meet any additional obligations imposed by the FAA or SHPO. Page 1 of 2 PASSED AND APPROVED on the day of 12023- Paulette 2023:Paulette Guajardo Roland Barrera Sylvia Campos Gil Hernandez Michael Hunter Jim Klein Mike Pusley Everett Roy Dan Suckley ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 2 of 2 MEMORANDUM OF AGREEMENT AMONG THE FEDERAL AVIATION ADMINISTRATION (FAA), CORPUS CHRISTI INTERNATIONAL AIRPORT (CCIA), AND THE TEXAS STATE HISTORIC PRESERVATION OFFICER (SHPO), REGARDING THE GAULT HANGAR PROJECT, CORPUS CHRISTI, NUECES COUNTY, TEXAS WHEREAS, the City of Corpus Christi, acting through its Corpus Christi International Airport (CCIA), is proposing demolition of the Gault Hangar at CCIA due to safety concerns (Attachment A: Project Description); and WHEREAS, the proposed Gault Hangar Project (the Project) traverses through the county of Nueces (Attachment B: Location Map); and WHEREAS, the Gault Hangar, is also known as East General Aviation Hangar No. 1 and has associated office structures; and WHEREAS, a structural engineering assessment of the Gault Hangar indicates that the hangar suffers from prolonged moisture damage and severe systemic corrosion of steel reinforcing and is in a highly deteriorated structural condition; and WHEREAS, the Project is an undertaking as defined in 36 C.F.R. § 800.16 (2014) subject to review under Section 106 of the National Historic Preservation Act [54 U.S.C. § 306108 (2014)] (NHPA) and its implementing regulations at 36 C.F.R. § 800 (2014), and the Federal Aviation Administration (FAA) and CCIA have consulted with the Texas Historical Commission (THC) acting as the State Historic Preservation Officer (SHPO) to consider the effects of the undertaking on historic properties; and WHEREAS, the FAA submitted a Request for SHPO Coordination on March 15, 2021, describing the proposed project of the demolition of the Gault Hangar; and WHEREAS, in a letter dated April 15, 2021, the SHPO responded recommending that the Gault Hangar is eligible for listing in the National Register of Historic Places (NRHP) and responded that if demolition cannot be prevented on the Gault Hangar, then appropriate mitigation measures are to be prepared and the FAA will enter into a Memorandum of Agreement (MOA) to execute the mitigation; and WHEREAS, on November 23, 2021, FAA responded to the April 15, 2021, SHPO letter stating that the CCIA will coordinate with their environmental and engineering consultants to negotiate appropriate mitigation and to enter into a MOA to execute the mitigation, and FAA provided to the SHPO a structural Observation Report of the Gault Hangar which described the deterioration of the resource; and WHEREAS, on December 20, 2021, the SHPO responded via electronic THC Review and Compliance (eTRAC) recommending that demolition of the resource would have an adverse effect on historic properties, and acknowledged the FAA's intention to continue the Section 106 consultation process and to enter into an MOA to resolve adverse effects pursuant to 36 C.F.R. § 800.6(c) (2014), which will govern the implementation of the undertaking and satisfy FAA's obligation to comply with Section 106; and WHEREAS, on December 20, 2021, the SHPO responded via eTRAC that the FAA will submit to the Advisory Council on Historic Preservation (ACHP) the adverse effect determination and to provide the ACHP's response to the SHPO, and that the FAA prepare a list of consulting parties for additional mitigation input on the adverse effects; and mitigation measures, and developing the MOA; and WHEREAS, pursuant to 36 C.F.R. § 800.6(a)(1) (2014), FAA notified the ACHP of the determination of adverse effect and intention to enter into a MOA with specified documentation on September 28, 2022, and the ACHP chose not to participate in the consultation pursuant to 36 C.F.R. § 800.6(a)(1)(iii) on October 18, 2022; and, WHEREAS, CCIA will have roles and responsibilities in the implementation of this MOA, and FAA invited CCIA to sign this MOA as an Invited Signatory; and WHEREAS, the FAA held a meeting with consulting parties [Nina Nixon-Mendez, Corpus Christi Historic Preservation Officer; Ben Koush, Ben Koush Associates; David Richter, Richter Architects; Jay Porterfield, American Institute of Architects Corpus Christi Chapter; and Christopher Medina for Elizabeth Porterfield, MidTexMod] and the SHPO on June 30, 2022, to discuss the project, the condition of the Gault Hangar, and to present proposed mitigation measure options; and WHEREAS, the FAA provided meeting notes and documentation of the June 30, 2022, meeting, including the engineering structural report and responses to consulting parties' input, to the consulting parties on August 19, 2022; and WHEREAS, the FAA has invited the consulting parties to each sign the MOA as a concurring party per FAA policy; and WHEREAS, a Draft Environmental Assessment (EA) is being prepared to inform the public of the potential environmental, social, and economic impacts associated with the proposed Gault Hangar Project and the No-Build Alternative; and NOW, THEREFORE, FAA, CCIA, and the SHPO agree that the Project shall be implemented in accordance with the following stipulations to consider the effect of the Project on historic properties, mitigating the adverse effect on historic properties, and satisfactorily completing FAA's Section 106 responsibilities under the NHPA. STIPULATIONS The FAA, in coordination with CCIA, will ensure that the following stipulations are implemented and will be included as conditions for the demolition of the Gault Hangar: I. Professional Qualification Standards CCIA will ensure that all actions prescribed by this MOA are carried out by, or under the direct supervision of, qualified professional(s) who meet the appropriate standards in the applicable disciplines as outlined in the Secretary of the Interior's Professional Qualifications Standards (36 C.F.R. § 61), II. Modified Historic American Building Survey Documentation of the Hangar A. CCIA will prepare documentation of the Hangar to meet modified Historic American Building Survey (HABS) Level I standards. The HABS Level I standards are defined in the Secretary of the Interior's Standards and Guidelines for Architectural and Engineering Documentation. Modified Level I documentation will include: 1. Archival-quality prints of photographs documenting the Hangar's present appearance and major structural or decorative details taken using large- format black and white film and processed following the National Park Service guidelines for prints; 2. Written report, including history and physical description, following the outline format for HABS Level I documentation; 3. U.S. Geological Survey topographic map identifying the location of the Hangar; and 4. Preparation of 3D documentation using drone technology to produce digital documentation in lieu of measured drawings of the Hangar, since the original drawings do not exist. B. CCIA will submit a draft of the modified HABS Level I documentation via the eTRAC System to the SHPO. The SHPO will have 30 calendardays upon receipt to review and comment on a draft of the documentation. Failure by the SHPO to provide comments in accordance with this stipulation may be taken to indicate acceptance by both parties. CCIA will make a good-faith effort to address any comments provided by the SHPO. C. Upon acceptance of the draft documentation by the SHPO, or determination by SHPO that the documentation is sufficient, demolition of the Hangar may commence. D. Within 45 days of the acceptance of the draft documentation by the SHPO, final documentation, including archival prints of photo documentation, will be provided to the SHPO, and CCIA. Final print documentation will be printed on archival paper, and negatives will be provided to the CCIA. Digital files will be provided to the SHPO, CCIA, City Historic Preservation Office, Corpus Christi Libraries Department, and Texas A&M University— Corpus Christi library on archival media. E. The final documentation will not meet HABS standards and is not to be submitted to the HABS Collection in the Library of Congress. III. Interpretive Sign To provide education information to the public upon completion of the Hangar demolition and for its use within the newly proposed pedestrian/travelers outdoor space, CCIA will design and install an interpretive sign detailing the history of the Hangar as well as the history of the Corpus Christi International Airport. A. CCIA will develop the interpretive sign's content and design, in consultation with SHPO. The interpretive sign will include narrative historic context and historic photographs. The sign will be fabricated of weather resistant materials. B. CCIA will submit a draft design plan for the interpretive sign to SHPO via eTRAC. The draft design plan will include, but is not limited to, information on size, location, materials, design, and content of the interpretive sign. SHPO will have 30 calendar days to provide comments on the draft design plan. If SHPO does not provide comments within 30 calendar days, CCIA will assume concurrence and proceed according to the submitted plan. C. CCIA will consult with SHPO to address comments provided in accordance with Stipulation 1116 and submit a final design plan via eTRAC for SHPO concurrence. SHPO will have 30 calendar days to accept or amend the final design plan. D. CCIA will install the interpretive sign following creation of the new pedestrian space located on airport property. Location of the pedestrian space to be determined by CCIA. IV. Timed-Lapsed Videography of Demolition of Hangar To provide educational information related to construction methods and materials, CCIA will conduct videography during the demolition of the Hangar. A. Videography shall be conducted in time-lapsed sequence to show demolition of areas of the Hangar. B. Videography shall be posted to the CCIA website and/or to a social media platform which is maintained by the CCIA. V. Preparation of CCIA Website Information To provide educational information to the public, CCIA will prepare a historic context for posting to the CCIA website. A. The historic context will discuss the development of the Hangar, and the relationship of the company who constructed the Hangar, to the CCIA. VI. Preparation of QR Code Describing History of Hangar For ease of access to data posted online as part of this MOA, CCIA will produce a graphical quick response (QR) code linking to the online data. A. The QR code shall be prepared using commercially available software and provided on the interpretive sign and any print material related to the Hangar. B. The QR code shall be created once CCIA has established a permanent online location for the digital data. VII. Preparation of Article on Hangar for Posting to Texas Online To provide educational information to the general public, CCIA will prepare an entry for posting to the Texas State Historical Association (TSHA) Handbook of Texas. The Handbook is a digital state encyclopedia which is free and accessible on the internet for teachers, scholars, students, and the public. A. The entry will discuss the history of the developers, flying clubs, construction methodology, and impact of the Hangar to the community and the CCIA. B. The CCIA will submit the entry to the TSHA for review, and if accepted, the TSHA will post the entry to their website. VIII. Preparation of 3D Modeling on Hangar for Posting to CCIA Website linked to QR Code and as Attachment to HABS Documentation To provide the equivalent of architectural drawings of the Hangar, 3D Modeling will be prepared and attached to the HABS Documentation package, as part of Stipulation II. The 3D Modeling will also be used by the CCIA on their website (Stipulation V) and attached to the QR Code (Stipulation VI). A. Digital files of the modeling will be supplemented with a summary letter report. The digital files (each category may have multiple files) may consist of 1) a 3D object file (.obj) or alternative scaled to real-world dimensions; 2) a material and/or texture file (.mtl and/or .jpg); 3) optional original digital source photos (.jpg); and/or 4) optional Agisoft Metashape working file(s) (.psx) and/or archive file (.psz). B. A summary report will be prepared which will describe the drone images which were captured. A DVD will be provided with the images to SHPO, CCIA, the City Historic Preservation Office, the Corpus Christi Libraries Department, and Texas A&M University— Corpus Christi library. C. The digital files will be made available on the CCIA's website or equivalent for the general public to view, with links provided through their website and through the QR Code. IX. Inadvertent Discoveries In the event that the Project will affect a previously unidentified property that may be eligible for inclusion in the NRHP, CCIA shall require work in the area of the discovery to cease until actions that will consider the effects of the Project on the property can be implemented. CCIA shall immediately notify FAA of the discovery and provide FAA with the information required to request the SHPO's comments pursuant to 36 CFR 800.11(b)(2)(ii). Letters requesting input and comment were sent to federally recognized Indian tribes on November 15, 2022. One response was received on November 15, 2022, from the Kickapoo Traditional Tribe of Texas stating no known effects to any cultural or historical sites are anticipated from the proposed project. No other responses were received from federally recognized Indian tribes. If Native American human remains and/or objects subject to the provisions of the Native American Graves Protection and Repatriation Act (NAGPRA) [25 U.S.C. 3001 et seq.], i.e., burials, associated and unassociated funerary objects, sacred objects and objects of cultural patrimony, are encountered during the Project, CCIA shall immediately notify the FAA so that FAA can consult with the appropriate federally recognized Indian tribe(s) to determine appropriate treatment measures for these human remains in agreement with 36 CFR 800.13(b)(3) (2014). It shall be the responsibility of CCIA to either preserve in place or repatriate these humans remains, depending on the agreed upon determination of the tribe(s). If remains / objects subject to NAGPRA are encountered prior to completion of the transfer, the rules of NAGPRA disposition will be followed by CCIA. Nothing in this agreement shall be construed to contradict this stipulation. In the event of inadvertent discovery of archaeological materials not subject to NAGPRA, work shall immediately stop in the area of discovery and FAA shall comply with 36 CFR 800.13(b)(3) (2014) to notify and consult with the SHPO, federally recognized Indian tribes that might attach significance to the property, and the Advisory Council on Historic Preservation (ACHP). X. Dispute Resolution A. Should the signatories to this MOA object within 30 days to any plans or other documents provided by CCIA or others for review pursuant to this agreement, or to any actions proposed or initiated by CCIA pursuant to this MOA, CCIA shall consult with the objecting party to resolve the objection. If CCIA determines that the objection cannot be resolved, CCIA shall forward all documentation relevant to the dispute to the FAA and to the ACHP. Within 30 days after receipt of all pertinent documentation, the ACHP will either: 1. Provide FAA with recommendations, which FAA will consider in reaching a final decision regarding the dispute; or 2. Notify FAA that it will comment pursuant to 36 CFR 800.7(a)(4) and proceed to comment; and 3. Any ACHP comment will be considered by FAA in accordance with 36 CFR 800.7 with reference to the subject of the dispute. B. Any recommendations or comment provided by the ACHP will pertain only to the subject of the dispute; FAA's responsibility to carry out all other actions under this MOA that are not the subjects of the dispute will remain unchanged. C. At any time during implementation of the measures stipulated in this MOA by FAA, if an objection to any such measure or its manner of implementation is raised by interested parties, then FAA shall consider the objection and consult, as appropriate, with the objecting party and the consulting parties to attempt to resolve the objection. XI. Amendments A. The signatories to this MOA may request that this MOA be revised, whereby the parties will consult to consider whether such revision is necessary, pursuant to 36 CFR 800.6 (c)(1). B. If it is determined that revisions to this MOA are necessary, then FAA and the signatories shall consult pursuant to 36 CFR Part 800.13(1), as appropriate, to make such revisions; except that, reviewing parties must comment on, or signify their acceptance of, the proposed changes to the MOA in writing within 30 days of their receipt. XII. Termination of Agreement A. The signatories to this MOA may terminate this MOA by providing 30 days written notice to the other signatory parties, pursuant to 36 CFR 800.6 (c)(i). During the period after notification and prior to termination, CCIA and the other signatories will consult to seek agreement on amendments or other actions that would avoid termination. In the event of termination, FAA will comply with 36 CFR 800.4 through 800.6 regarding individual undertakings. C. The parties agree that this MOA will become null and void upon completion of all mitigative measures stipulated herein. XIII. Effective Date and Duration The effective date of this MOA shall be the date of the last signature by a signatory. Unless amended in accordance with Stipulation XI or terminated in accordance with Stipulation XII, this MOA will remain in effect for 5 years. This MOA may be extended for an additional 5 years by a letter from the FAA with written concurrence from the SHPO and CCIA. MEMORANDUM OF AGREEMENT AMONG THE FEDERAL AVIATION ADMINISTRATION (FAA), CORPUS CHRISTI INTERNATIONAL AIRPORT (CCIA), AND THE TEXAS STATE HISTORIC PRESERVATION OFFICER (SHPO), REGARDING THE GAULT HANGAR PROJECT, CORPUS CHRISTI, NUECES COUNTY, TEXAS Execution of this Memorandum of Agreement by the signatories consisting of the FAA, CCIA, and the SHPO, its subsequent filing with the ACHP, and implementation of its terms evidence that FAA has afforded the ACHP the opportunity to comment on the Project and that FAA has considered the effect of the Project on historic properties. SIGNATORY PARTIES: FEDERAL AVIATION ADMINISTRATION By: Date Printed Name: MEMORANDUM OF AGREEMENT AMONG THE FEDERAL AVIATION ADMINISTRATION (FAA), CORPUS CHRISTI INTERNATIONAL AIRPORT (CCIA), AND THE TEXAS STATE HISTORIC PRESERVATION OFFICER (SHPO), REGARDING THE GAULT HANGAR PROJECT, CORPUS CHRISTI, NUECES COUNTY, TEXAS Execution of this Memorandum of Agreement by the signatories consisting of the FAA, CCIA, and the SHPO, its subsequent filing with the ACHP, and implementation of its terms evidence that FAA has afforded the ACHP the opportunity to comment on the Project and that FAA has considered the effect of the Project on historic properties. SIGNATORY PARTIES: CORPUS CHRISTI INTERNATIONAL AIRPORT By: Date Printed Name: MEMORANDUM OF AGREEMENT AMONG THE FEDERAL AVIATION ADMINISTRATION (FAA), CORPUS CHRISTI INTERNATIONAL AIRPORT (CCIA), AND THE TEXAS STATE HISTORIC PRESERVATION OFFICER (SHPO), REGARDING THE GAULT HANGAR PROJECT, CORPUS CHRISTI, NUECES COUNTY, TEXAS Execution of this Memorandum of Agreement by the signatories consisting of the FAA, CCIA, and the SHPO, its subsequent filing with the ACHP, and implementation of its terms evidence that FAA has afforded the ACHP the opportunity to comment on the Project and that FAA has considered the effect of the Project on historic properties. SIGNATORY PARTIES: TEXAS STATE HISTORIC PRESERVATION OFFICER By: Date Printed Name: MEMORANDUM OF AGREEMENT AMONG THE FEDERAL AVIATION ADMINISTRATION (FAA), CORPUS CHRISTI INTERNATIONAL AIRPORT (CCIA), AND THE TEXAS STATE HISTORIC PRESERVATION OFFICER (SHPO), REGARDING THE GAULT HANGAR PROJECT, CORPUS CHRISTI, NUECES COUNTY, TEXAS Execution of this Memorandum of Agreement by the signatories consisting of the FAA, CCIA, and the SHPO, its subsequent filing with the ACHP, and implementation of its terms evidence that FAA has afforded the ACHP the opportunity to comment on the Project and that FAA has considered the effect of the Project on historic properties. CONCURRING PARTIES: CITY OF CORPUS CHRISTI HISTORIC PRESERVATION OFFICER By: Date Printed Name: MEMORANDUM OF AGREEMENT AMONG THE FEDERAL AVIATION ADMINISTRATION (FAA), CORPUS CHRISTI INTERNATIONAL AIRPORT (CCIA), AND THE TEXAS STATE HISTORIC PRESERVATION OFFICER (SHPO), REGARDING THE GAULT HANGAR PROJECT, CORPUS CHRISTI, NUECES COUNTY, TEXAS Execution of this Memorandum of Agreement by the signatories consisting of the FAA, CCIA, and the SHPO, its subsequent filing with the ACHP, and implementation of its terms evidence that FAA has afforded the ACHP the opportunity to comment on the Project and that FAA has considered the effect of the Project on historic properties. CONCURRING PARTIES: NUECES COUNTY HISTORICAL COMMISSION By: Date Printed Name: MEMORANDUM OF AGREEMENT AMONG THE FEDERAL AVIATION ADMINISTRATION (FAA), CORPUS CHRISTI INTERNATIONAL AIRPORT (CCIA), AND THE TEXAS STATE HISTORIC PRESERVATION OFFICER (SHPO), REGARDING THE GAULT HANGAR PROJECT, CORPUS CHRISTI, NUECES COUNTY, TEXAS Execution of this Memorandum of Agreement by the signatories consisting of the FAA, CCIA, and the SHPO, its subsequent filing with the ACHP, and implementation of its terms evidence that FAA has afforded the ACHP the opportunity to comment on the Project and that FAA has considered the effect of the Project on historic properties. CONCURRING PARTIES: AMERICAN INSTITUTE OF ARCHITECTS, CORPUS CHRISTI CHAPTER By: Date Printed Name: MEMORANDUM OF AGREEMENT AMONG THE FEDERAL AVIATION ADMINISTRATION (FAA), CORPUS CHRISTI INTERNATIONAL AIRPORT (CCIA), AND THE TEXAS STATE HISTORIC PRESERVATION OFFICER (SHPO), REGARDING THE GAULT HANGAR PROJECT, CORPUS CHRISTI, NUECES COUNTY, TEXAS Execution of this Memorandum of Agreement by the signatories consisting of the FAA, CCIA, and the SHPO, its subsequent filing with the ACHP, and implementation of its terms evidence that FAA has afforded the ACHP the opportunity to comment on the Project and that FAA has considered the effect of the Project on historic properties. CONCURRING PARTIES: RICHTER ARCHITECTS By: Date Printed Name: MEMORANDUM OF AGREEMENT AMONG THE FEDERAL AVIATION ADMINISTRATION (FAA), CORPUS CHRISTI INTERNATIONAL AIRPORT (CCIA), AND THE TEXAS STATE HISTORIC PRESERVATION OFFICER (SHPO), REGARDING THE GAULT HANGAR PROJECT, CORPUS CHRISTI, NUECES COUNTY, TEXAS Execution of this Memorandum of Agreement by the signatories consisting of the FAA, CCIA, and the SHPO, its subsequent filing with the ACHP, and implementation of its terms evidence that FAA has afforded the ACHP the opportunity to comment on the Project and that FAA has considered the effect of the Project on historic properties. CONCURRING PARTIES: MIDTEXMOD By: Date Printed Name: MEMORANDUM OF AGREEMENT AMONG THE FEDERAL AVIATION ADMINISTRATION (FAA), CORPUS CHRISTI INTERNATIONAL AIRPORT (CCIA), AND THE TEXAS STATE HISTORIC PRESERVATION OFFICER (SHPO), REGARDING THE GAULT HANGAR PROJECT, CORPUS CHRISTI, NUECES COUNTY, TEXAS Execution of this Memorandum of Agreement by the signatories consisting of the FAA, CCIA, and the SHPO, its subsequent filing with the ACHP, and implementation of its terms evidence that FAA has afforded the ACHP the opportunity to comment on the Project and that FAA has considered the effect of the Project on historic properties. CONCURRING PARTIES: BEN KOUSH ASSOCIATES By: Date Printed Name: FILED: Advisory Council on Historic Preservation By: Date Printed Name: ATTACHMENT A PROJECT DESCRIPTION Corpus Christi International Airport Gault Hangar Demolition Project Description The proposed project consists of demolition of the Gault Hangar and associated office structures located at the Corpus Christi International Airport (CCIA), also known as East General Aviation Hangar No. 1. The CCIA or Airport is a public use airport that is owned and operated by the City of Corpus Christi (City) and serves both private and major commercial airlines. The Airport is located off of TX-44, west of downtown Corpus Christi and TX-358. The Hangar is one of the original light aircraft storage facilities from the Airport's construction in 1961. The Hangar's architecture is a distinctive application of thin shell concrete construction including vaulted hyperbolic paraboloid structures reminiscent of the flying buttress (Moorhead 2012). This unique historic architecture, designed by Joe L. Williams and engineered by Wallace R. Wilkerson, makes the Gault Aviation Hangar an NRHP-eligible historic site. A structural assessment of the Hangar performed in August 2021 indicated that the Hangar suffers from prolonged moisture damage and severe systemic corrosion of steel reinforcing and is in highly deteriorated structural condition which poses a safety concern. The Hangar is currently unoccupied due to the structural condition, including spalling concrete and corroded steel, which poses a hazard for occupants and to the adjacent runway operations. ATTACHMENT B LOCATION MAP LIVE OAK 77 ,'vf�.gEFUGI/ Corpus T O `9 Christi Bay JIM m SAN PATRICIO ARAN SAS WELLS ®` OC�fIS � ° Z �I ❑ NUECES OI}I �� J .4 ❑ H 77 L KLEBERG 407 .... ...... o z J co U w co Z) ❑ Q O !� m o Z 3 Q� °ti obi m OU p�Gp �e�LO U HOPKINS RD kwood 544 44 � I a 44 � ❑ ❑ z O Corpus Christi a: Q International z 358 Airport Ld BEAR LN ❑ HORNE RD 763 'a 2292 LL J U pj WEST POINT RD E Ov O a °so PO k ee 665 p 357 763 E rt Oso OreeK 286 E E OK NM AR PROJECT LOCATION 0 50 100 200 N CCIA: HANGAR NO. 1 DEMO Nueces County,TX Feet MX ccilg- Corpus Christi International Airport Gault Hangar Memorandum of Agreement City Council February 28, 2023 cc!A Project Description Corpus Christi International Airport • Staff is requesting City Council to authorize the execution of a Memorandum of Agreement that will initiate the demolition and removal process of the Gault Hangar. (Hangar 1). • Memorandum of Agreement includes thirteen (13) stipulations that will be required for the demolition of the Gault Hangar: 1. Professional Qualification Standards 2. Modified Historical American Building 3. Interpretive Signage 4. Time-Lapsed Videography of Demolition of Hangar 5. CCIA Website Information 6. QR Code 7. Article on Hangar for Posting to Texas Online 8. 3D Modeling of Hangar 9. Inadvertent Discoveries 10. Dispute Resolution 11. Amendments 12. Termination of Agreement 13. Effective Date and Duration 2 cc!A Gault (Hangar 1) History Corpus Christi International Airport • Constructed in 1961 using reinforced concrete; 20,000 sq ft hangar space and 8,000 sq ft office space. • Function primarily as an aviation hangar with office space on east side of airport until March 2020 when Signature Flight Support ceased operations, at which point ' full use and maintenance reverted to City. ■®ie r 6tl Lffi� 4' Records show that Signature Flight Support did not conduct maintenance to aviation hangar. 3 CCI Gault Hangar 1 Condition carpus Christi International Airport • Several concrete spalls and pop-outs indicate future damage could occur,which is a potential safety hazard for personnel and aircraft. vi�r' • No longer watertight which resulted in developments of mold and mildew. Fiberglass infill panels between the concrete sub-structures are disintegrated. • Wooden framing members are rotted. • Cracked concrete floor and inadequately sloped — - -_ floor resulted in water migration into the hangar. -� • Corrosion of exposed interior steel framing. - "Following structural assessments performed in March 2020 and September 2021,the Gault Hangar was determined to be unsafe and structurally unstable for airport use." cc!A -- Next Steps carpus Christi International Airport Upon execution of the MOA; City staff will: • Prepare demolition proposal for consideration by City Council • Facilitate Request For Proposal (RFP) Process • Execute contract for demolition of the Gault Hangar 5 so �o o� A PH v AGENDA MEMORANDUM WoRPORPg4 Action Item for the City Council Meeting of February 28, 2023 1852 DATE: February 28, 2023 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(a)-cctexas.com (361) 886-2601 Acceptance of a grant to support activities for the Internet Crimes Against Children Task Force Program CAPTION: Ordinance authorizing the acceptance of a grant from the Office of the Attorney General - Office of Juvenile Justice and Delinquency Prevention for the Internet Crimes Against Children Task Force program, in the amount of $10,000.00 to purchase forensic computer equipment and software licenses for the Corpus Christi Police Department; and appropriating the $10,000.00 in the Police Grants Fund. SUMMARY: Funding is available from the Office of the Attorney General - Office of Juvenile Justice and Delinquency Prevention to purchase forensic computer equipment and supplies to assist the Internet Crimes Against Children Task Force with investigations of internet crimes against children. BACKGROUND AND FINDINGS: The Office of Juvenile Justice and Delinquency Prevention - Internet Crimes against Children Task Force program has awarded a grant to the Corpus Christi Police Department to support activities of the Internet Crimes Against Children Task Force (ICAC) program. The ICAC task force is continuously engaged in proactive and reactive investigations and prosecutions of persons involved in child abuse and exploitation involving the Internet. The Corpus Christi Police Department (CCPD) has been a member of ICAC since 2003. The funds from this grant are made available to the City by virtue of CCPD being a member of the ICAC Task Force. Equipment and supplies to be purchased with the funds from this grant include licenses for four forensic software packages, hard drives, and flash drives. There is no match required by the City for this grant. Funds are available from February 1, 2023 through August 31, 2023. For 2021, the City received $10,000. In 2022, the grant was not offered to the City; therefore, no one amount was awarded. ALTERNATIVES: The alternative is not to accept the grant which means that less funding will be available for the investigation of internet crimes against children. CCPD relies on this grant to help fund its operations related to internet crimes against children. FISCAL IMPACT: The financial impact is the addition of$10,000.00 in the Police Grants Fund. Funding Detail: Fund: 1061 Police Grants Project #: 821120F Department#: 29 Project # (CIP Only): N/A Account: 520090 Minor Tools and Equipment RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant award document Ordinance authorizing the acceptance of a grant from the Office of the Attorney General - Office of Juvenile Justice and Delinquency Prevention for the Internet Crimes Against Children Task Force program, in the amount of $10,000.00 to purchase forensic computer equipment and software licenses for the Corpus Christi Police Department; and appropriating the $10,000.00 in the Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant in the amount of $10,000.00 from the Office of the Attorney General — Office of Juvenile Justice and Delinquency Prevention for the Internet Crimes Against Children (ICAC) Task Force program for the purchase of items/equipment for the investigations and prosecutors of persons involved in child abuse and exploitation involving the Internet. SECTION 2. The City of Corpus Christi designates the Chief of Police as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter, or terminate the grant on behalf of the applicant agency. SECTION 3. That $10,000.00 is appropriated in the No. 1061 Police Grants Fund from the Attorney General — Office of Juvenile Justice and Delinquency Prevention for the purchase of licenses for 4 forensic software packages, hard drives, and flash drives ICAC Task Force program. SECTION 4. In the event of the loss or misuse of the these funds, the City of Corpus Christi assures that the funds will be returned to the Office of the Attorney General — Office of Juvenile Justice and Delinquency Prevention in full. SECTION 5. That the 2022-2023 operating budget approved by Ordinance No. 032855 is amended to increase revenues and expenditures. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on the day of , 2023: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor GRANT CONTRACT OAG Contract No. C-00588 This grant contract is executed between the Office of the Attorney General (OAG) and Corpus Christi Police Department (GRANTEE) for certain grant funds. The OAG and GRANTEE may be referred to in this Contract individually as "Party" or collectively as "Parties." SECTION 1. PURPOSE OF THE CONTRACT The Internet Crimes Against Children (ICAC) Task Force Program, United States Department of Justice, Office of Justice Programs (OJP), Office of Juvenile Justice and Delinquency Prevention, seeks to maintain and expand State and regional ICAC task forces to address technology-facilitated child exploitation. These task forces work collaboratively as a national network of law enforcement and prosecutorial agencies that prevent, interdict, and investigate Internet crimes against children. The program requires existing task forces to develop multi jurisdictional, multi- agency responses to such offenses by providing funding and other support to State and local law enforcement agencies as a means to help them acquire the necessary knowledge, personnel, and equipment. The OAG, as the regional contact for the task force known as"Texas, Southern ICAC Task Force", (hereinafter the"OAG ICAC Task Force")receives funding from the OJP to provide grants to local law enforcement agencies that are affiliates of the task force in order to address technology-facilitated child exploitation. Pursuant to the terms of a Memorandum of Understanding (MOU) between the parties, the GRANTEE became a member of the OAG ICAC Task Force. The purpose of this Contract is to provide reasonable contractual controls to ensure that the public purposes of the grant provided to GRANTEE are achieved. SECTION 2 TERM OF THE CONTRACT This contract shall begin on February 1, 2023, and shall terminate August 31, 2023, unless it is terminated earlier or extended in accordance with another provision of this Contract. The OAG is not obligated to reimburse expenses that were incurred prior to the commencement or after the termination of this Contract. SECTION 3 GRANTEE'S CONTRACTUAL SERVICES 3.1 GRANTEE's Compliance with the Department of Justice,Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, Cooperative Agreement for Award Number 15PJDP-2I-GK-03802-MECP. The GRANTEE will comply with all terms and conditions as set forth and required in the Cooperative Agreement between the OAG and the Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, Award Number 15PJDP-2I-GK-03802-MECP, (OAG Award Document) and as attached hereto as Exhibit C and incorporated by reference, as well as the applicable provisions of ICAC Subrecipient Grant Contract Pagel of 25 the OAG ICAC Grant Application ("Grant Application") or OAG Award Document as supplemented, amended or adjusted. Specifically, GRANTEE's compliance with the applicable "Special Conditions" identified in the OAG Award Document are a material requirement of the grant award made hereunder. Failure to comply with any one or more of the Special Conditions, whether a condition set out in full below, a condition incorporated by reference herein, or a certification or assurance related to conduct during the award period,may result in the OAG and/or to the extent federal funds are expended in this grant, the OJP in taking appropriate action which may include but is not limited to OAG and/or OJP withholding award funds, disallowing costs, or suspending or terminating the grant award. Additionally, the GRANTEE shall comply with all terms and conditions as set forth and required in the MOU between the OAG and GRANTEE, OAG Contract Number 2214039-01 (the "Task Force MOU") attached hereto as Exhibit D and incorporated herein by reference. 3.2 Establishment of Final Project Budget; Grant Project Narrative; Special Conditions. 3.2.1 Final Project Budget. The GRANTEE's budget is attached as Exhibit A. The OAG, at its sole discretion, may adjust GRANTEE's budget,targets, outputs, outcomes and/or any other items as deemed appropriate by the OAG, at any time, during the term of this Contract. 3.2.2 Grant Project Narrative. The GRANTEE's Project Narrative is as follows: To support certain Internet Crimes Against Children (ICAC) supplies and other direct operating costs. GRANTEE hereby certifies that the information provided by GRANTEE in the Grant Application, including the statements made in the narrative, is true and correct and agrees to be bound by the representations and commitments contained therein. The OAG, at its sole discretion, will establish the final project targets, outputs, and outcomes. 3.2.3 Special Conditions. The Special Conditions, including the OAG Award Document, are attached as Exhibit B. The OAG, at its sole discretion, may supplement, amend or adjust the Special Conditions attached to this Contract. SECTION 4 REQUIRED REPORTS 4.1 General Matters 4.1.1 Required Reports; Form of Reports; Filings with the OAG. GRANTEE shall forward to the OAG the applicable reports on forms as specified by the OAG. GRANTEE shall ensure that it files each document or form required by the OAG in an accurate and timely manner. Unless filing dates are given herein, all other reports and other documents that GRANTEE is required to forward to the OAG shall be promptly forwarded. From time to time, the OAG may require additional information from GRANTEE. ICAC Subrecipient Grant Contract Page 2 of 25 4.1.2 Cooperation; Additional Information; Immediate Notification and Correction and Inaccuracies. GRANTEE shall cooperate fully with the OAG. In addition to the information contained in the required reports, other information may be required as requested by the OAG. GRANTEE will immediately notify the OAG in the event GRANTEE discovers that any previously submitted information was inaccurate and forward the corrected information to the OAG. 4.1.3 Notification of Changes in Organization, Changes in Authorized Official or Grant Contact. GRANTEE shall submit within ten(10)business days,notice to the OAG of any change of the following: GRANTEE's name; contact information; key personnel, officer, director or partner; organizational structure; legal standing; or authority to do business in Texas. GRANTEE shall promptly notify the OAG, preferably in advance, of a change in address or main telephone number of GRANTEE. A change in GRANTEE's name requires an amendment to the Contract. To change an Authorized Official, GRANTEE must submit a written request on GRANTEE's letterhead, with original signature. To change a Grant Contact, GRANTEE must submit a written request on GRANTEE's letterhead signed by an Authorized Official. 4.1.4 Standards for Financial and Programmatic Management. GRANTEE and its governing body shall bear full and sole responsibility for the integrity of the fiscal and programmatic management of the organization including financial and programmatic policies and procedures to ensure the integrity of the fiscal and programmatic management of the organization. Such fiscal and programmatic management shall include accountability for all funds and materials received from the OAG; compliance with OAG rules, policies and procedures, and applicable federal and state laws and regulations; and correction of fiscal and program deficiencies identified through self-evaluation and/or the OAG's monitoring processes. Ignorance of any contract provisions or other requirements referenced in this Contract shall not constitute a defense or basis for waiving or failing to comply with such provisions or requirements. GRANTEE shall develop,implement, and maintain appropriate financial management and control systems, which include budgets that adequately reflect all functions and resources necessary to carry out authorized activities and the adequate determination of costs; accurate and complete payroll, accounting, and financial reporting records; cost source documentation; effective internal and budgetary controls; allocation of costs; and timely and appropriate audits and resolution of any findings and applicable annual financial statements. 4.1.5. Security and Confidentiality of Records. GRANTEE shall establish a method to secure the confidentiality of records required to be kept confidential by applicable federal and state law, rules and regulations. This provision shall not be construed as limiting the OAG's access to such records and other information. 4.2 Programmatic Reports 4.2.1 ICAC Semi-Annual Statistical (Performance) Reports, including Outcome Measure ICAC Subrecipient Grant Contract Page 3 of 25 Reports. GRANTEE will support the OAG in its progress reporting requirements, including the reporting requirements of outcome measures. The OAG is required to report,within 30 days after the end of the reporting periods, certain outcome measures. The semi-annual reporting periods end on the last day of June and December each year. The OAG will establish deadlines for the GRANTEE to meet its requirement to report to the OAG. 4.2.2 Contents of Semi-Annual Statistical Reports. GRANTEE shall report data to the OAG on the following outcome measures on the reporting deadlines established by OAG: a. Number of CyberTipLine referrals received and investigated; b. Number of indictments obtained on CyberTipLine referrals; c. Number of convictions obtained on CyberTipLine referrals; d. Number of online solicitation of a minor(or its equivalent) arrests; e. Number of online solicitation of a minor (or its equivalent) indictments obtained; f. Number of online solicitation of a minor (or its equivalent) convictions obtained; g. Total number of ICAC-related arrests during reporting period; h. Number of partner agencies that sign memorandum certifying compliance with ICAC program guidelines; i. Number of investigative technical assistance sessions that ICAC task force provides to non-member law enforcement agencies; j. Number of computer forensic technical assistance examinations that ICAC task forces provide to non-member law enforcement agencies; k. Percent increase in arrests related to technology-facilitated child sexual exploitation and Internet Crimes Against Children; 1. Percent increase in computer forensic examinations completed by ICAC task forces; and m. Percent increase in investigative technical assistance sessions provided by ICAC task forces to non-member law enforcement agencies. 4.2.3 ICAC Task Force Program Monthly Performance Measures. GRANTEE will support the OAG in its reporting requirements of the ICAC Task Force Program Monthly Performance Measures. The OAG will establish the GRANTEE's monthly reporting deadlines. The Performance Measures shall contain, at a minimum, the following additional supporting data elements: a. Complaints; b. Case Information; c. Goals; d. Court Actions; e. Technical Assists; f. Training; and g. Community Outreach Presentations. ICAC Subrecipient Grant Contract Page 4 of 25 4.2.4 ICAC Annual Reports. GRANTEE will support the OAG in its annual reporting requirements. The OAG will establish the GRANTEE's annual reporting deadlines of the following measures: a. Staffing levels of the task force, including the number of investigators, prosecutors, education specialists, and forensic specialists dedicated to investigating and prosecuting Internet crimes against children. b. Investigation and prosecution performance measures of the task force, including: 1. the number of investigations initiated related to Internet Crimes Against Children; 2. the number of arrests related to Internet Crimes Against Children; and 3. the number of prosecutions for Internet Crimes Against Children, including- i. whether the prosecution resulted in a conviction for such crime; and ii. the sentence and the statutory maximum for such crime under State law. c. The number of referrals made by the task force to the United States Attorney's Office, including whether the referral was accepted by the United States Attorney. d. Statistics that account for the disposition of investigations that do not result in arrests or prosecutions, such as referrals to other law enforcement. e. The number of investigative technical assistance sessions that the task force provided to non-member law enforcement agencies. f. The number of computer forensic examinations that the task force completed. g. The number of law enforcement agencies participating in Internet Crimes Against Children program standards established by the task force. 4.2.5 Written Explanation of Variance. GRANTEE is required to provide a written explanation to the OAG for any variances by GRANTEE from the projected performance required by this Contract or the Task Force MOU. In addition to the written explanation, GRANTEE shall promptly answer any questions of the OAG, whether in writing or otherwise, in connection with the reports presented to the OAG. 4.2.6 Other Program Reports. GRANTEE shall cooperate fully in any social studies, fiscal or programmatic monitoring, auditing, evaluating, and other reviews pertaining to services rendered by GRANTEE, which may be conducted by the OAG or its designees. GRANTEE also shall make available at reasonable times and for reasonable periods programmatic or financial records, books, reports, and supporting documents for reviewing and copying by the OAG or its designees. ICAC Subrecipient Grant Contract Page 5 of 25 4.3 Financial Matters 4.3.1 Grant Budgets.With regard to the use of funds pursuant to this Contract, GRANTEE will immediately review the annual budget as established in this Contract. 4.3.2 Monthly Request for Reimbursement and Financial Status Report. Grant funds are paid on a cost reimbursement basis. GRANTEE will submit, each month, a monthly request for reimbursement(also referred to as "financial status report") for the actual and allowable allocable costs incurred by GRANTEE for project costs to provide services under this Contract. The payments made to GRANTEE shall not exceed its actual and allowable allocable costs to provide the services under this Contract. The request for reimbursement/financial status report will be submitted to the OAG in the form and manner as approved by the OAG and will specify the detailed and total expenses for the month, in the following cost categories: (i) personnel and fringe benefits, reported separately, (ii) professional and consulting services, (iii)travel, (iv) equipment, (v) supplies, and(vi) other direct operating expenses. The request for reimbursement must be accompanied by supporting documentation as required by the OAG. The OAG may from time to time require different or additional supporting documentation. A request for reimbursement/financial status report is required each month, whether GRANTEE has paid expenses, or is seeking reimbursement. 4.3.3 Fiscal Year End Required Reports. GRANTEE shall submit the following reports to the OAG on or before October 15, 2023 or a date otherwise established by the OAG: a. Record of Reimbursement. GRANTEE will submit a reconciled record of its expenses for the prior fiscal year in the following cost categories: (i) personnel and fringe benefits, reported separately, (ii) professional and consulting services, (iii) travel, (iv) equipment, (v) supplies, and(vi) other direct operating expenses. b. Equipment Inventory Report. To the extent the purchase of equipment is authorized under this grant and GRANTEE purchases equipment with grant funds, GRANTEE will submit an Equipment Inventory Report which provides a record of the current inventory of items purchased,disposed of,replaced or transferred for any equipment that was purchased with grant funds. c. Additional Fiscal Reports. GRANTEE shall submit any other additional fiscal report in the form and manner as may be requested by OAG. 4.3.4 Annual Independent Financial Audit Report. GRANTEES that are required to undergo a Single Audit must complete and submit the Single Audit of the complete program and/or organization and management letter of the audit findings within nine months of the end of the fiscal year of the agency. The audit will meet Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 2 CFR 200 and Texas Grant Management ICAC Subrecipient Grant Contract Page 6 of 25 Standards (TxGMS) requirements. GRANTEES whose expenditures require the completion of a Single Audit,must submit a Single Audit to the OAG, an Annual Independent Financial Audit will not satisfy the audit requirement. GRANTEES that are required to undergo an Annual Independent Financial Audit by statute, regulation, or organizational policy must submit the Annual Financial Audit of the complete program and/or organization and management letter of the audit findings if requested by the OAG if requested. GRANTEES who do not meet the expenditure threshold of the Single Audit and are not required by statute, regulation, or organizational policy to complete an Annual Audit, are not required to submit an Annual Audit to the OAG. 4.3.5 Timing of Submission of Request for Reimbursement to the OAG; Close Out Invoice. GRANTEE is responsible for submitting bills in an accurate and timely manner and shall make every reasonable effort to submit monthly billings to the OAG, which cover the previous month's expenses, so that they are received by the OAG on or before the twentieth (20th) of each month, or if the 20th falls on a weekend or holiday,the next business day. The OAG will make all reasonable efforts to promptly process and make payments on properly completed billings. GRANTEE may submit a final invoice to be received by the OAG not later than forty-five (45) calendar days after termination of this Contract. 4.3.6 Reimbursement of Actual and Allowable Costs. The OAG shall only reimburse costs incurred and paid by GRANTEE during the term of this Contract. The OAG shall only reimburse GRANTEE for employee costs that are directly related to performing the responsibilities of this Contract. 4.3.7 Refunds and Deductions.If the OAG determines that GRANTEE has been overpaid grant funds under this Contract, such as payments made inadvertently or payments made but later determined to not be actual and allowable allocable costs, GRANTEE shall refund that amount of the OAG reimbursement identified by the OAG as an overpayment. The OAG may offset and deduct the amount of the overpayment from any amount owed to GRANTEE, as a reimbursement, but not yet paid by the OAG to GRANTEE. The OAG may choose to require a payment directly from GRANTEE rather than offset and deduct a specified amount. GRANTEE shall refund any overpayment to the OAG within thirty (30) calendar days of the receipt of the notice of the overpayment from the OAG unless an alternate payment plan is specified by the OAG. 4.3.8 Purchase of Equipment; Maintenance and Repair; Title upon Termination. GRANTEE shall not give any security interest, lien or otherwise encumber any item of equipment purchased with contract funds. GRANTEE shall permanently identify all equipment purchased under this Contract by appropriate tags or labels affixed to the equipment. GRANTEE shall maintain a current inventory of all equipment which shall be available to the OAG at all times upon request; however, a title for equipment will remain with GRANTEE. GRANTEE will maintain, repair, and protect all equipment purchased in whole or in part with grant funds so as to ensure the full availability and usefulness of such equipment. In the event GRANTEE is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the equipment purchased under this Contract, it shall use the proceeds to repair or replace said equipment. ICAC Subrecipient Grant Contract Page 7 of 25 To the extent that the OAG reimburses GRANTEE for its purchase of equipment with funds from this Contract, and to the extent it is allowed by federal or state law, GRANTEE agrees that upon termination of the Contract, title to or ownership of all such purchased equipment, at the sole option of the OAG, shall remain with the OAG. 4.3.9 Direct Deposit. GRANTEE may make a written request to the OAG to be placed on Direct Deposit status by completing and submitting to the OAG the State Comptroller's Direct Deposit Authorization Form. After the direct deposit request is approved by the OAG and the setup is completed on the Texas Identification Number System by the State Comptroller's Office,payment will be remitted by direct deposit and the OAG will discontinue providing GRANTEE with copies of reimbursement vouchers. SECTION 5 OBLIGATIONS OF OAG 5.1 Monitoring. The OAG is responsible for closely monitoring GRANTEE to ensure the effective and efficient use of grant funds to accomplish the purposes of this Contract. 5.2 Maximum Liability of OAG. The maximum liability of the OAG is contained in the attached Exhibit A. Any change to the maximum liability must be supported by a written amendment to this Contract. 5.3 Reimbursement of Grantee Expenses. The OAG shall be obligated to reimburse GRANTEE for all actual and allowable allocable costs incurred by GRANTEE pursuant to this Contract. The OAG is not obligated to pay unauthorized costs. Prior written approval from the OAG is required if GRANTEE anticipates altering the scope of the grant, adding funds to previously un-awarded budget categories, changing funds in any awarded budget category by more than 10% of the annual budget and/or adding new line items to any awarded budget category. Notwithstanding the foregoing, should GRANTEE wish to alter the scope of the grant or change the goals of the grant by adding or eliminating goals which were included in the GRANTEE's final narrative included in Section 3.2.2 above, such alteration or change may only be achieved by a written, duly executed amendment to this Contract. 5.4 Contract Not Entitlement or Right. Reimbursement with contract funds is not an entitlement or right. Reimbursement depends, among other things,upon strict compliance with all terms, conditions and provisions of this Contract. The OAG and GRANTEE agree that any act, action or representation by either party, their agents or employees that purports to increase the maximum liability of the OAG is void unless a written amendment to this Contract is first executed. GRANTEE agrees that nothing in this Contract will be interpreted to create an obligation or liability of the OAG in excess of the funds delineated in this Contract. ICAC Subrecipient Grant Contract Page 8 of 25 5.5 Funding Limitation. GRANTEE agrees that funding for this Contract is subject to the actual receipt by the OAG of grant funds (state and/or federal) appropriated to the OAG. GRANTEE agrees that the grant funds if any, received from the OAG are limited by the term of each state biennium and by specific appropriation authority to and the spending authority of the OAG for the purpose of this Contract. GRANTEE agrees that, notwithstanding any other provision of this Contract,if the OAG is not appropriated the funds or if the OAG does not receive the appropriated funds for this grant program, or if the funds appropriated to the OAG for this grant program are required by the state to be reallocated to fund other state programs or purposes, the OAG is not liable to pay the GRANTEE any remaining balance on this Contract. SECTION 6 TERMINATION 6.1 Termination for Convenience. Either Party may, at its sole discretion, terminate this Contract without recourse, liability or penalty, upon written notice to the other party at least thirty (30) calendar days before the effective date of such termination. 6.2 Termination for Cause. In the event that GRANTEE fails to perform or comply with an obligation of the terms, conditions,and provisions of this contract, or if the OAG receives financial reporting which indicates high financial risk, the OAG may, upon written notice of the breach to GRANTEE, immediately terminate all or any part of this contract 6.3 Termination Not Exclusive Remedy; Survival of Terms and Conditions. Termination is not an exclusive remedy but will be in addition to any other rights and remedies provided in equity, by law, or under this Contract. Termination of this Contract for any reason or expiration of this Contract shall not release the Parties from any liability or obligation set forth in this Contract that is expressly stated to survive any such termination or by its nature would be intended to be applicable following any such termination. The following terms and conditions, (in addition to any others that could reasonably be interpreted to survive but are not specifically identified), survive the termination or expiration of this Contract: Sections 4, 5, 7; 11; and 12. SECTION 7 AUDIT RIGHTS;RECORDS RETENTION 7.1 Duty to Maintain Records. GRANTEE shall maintain adequate records that enable the OAG to verify all reporting measures and requests for reimbursements related to this Contract. GRANTEE also shall maintain such records as are deemed necessary by the OAG, OAG's auditor, the State Auditor's Office or other auditors of the State of Texas, the federal government or such other persons or entities designated by the OAG, to ensure proper accounting for all costs and performances related to this Contract. ICAC Subrecipient Grant Contract Page 9 of 25 7.2 Audit Trails. GRANTEE shall maintain appropriate audit trails to provide accountability for all reporting measures and requests for reimbursements. Audit trails maintained by GRANTEE will, at a minimum, identify the supporting documentation prepared by GRANTEE to permit an audit of its systems. GRANTEE's automated systems, if any, must provide the means whereby authorized personnel have the ability to audit and to verify contractually required performances and to establish individual accountability for any action that can potentially cause access to, generation of, or modification of confidential information. 7.3 Access and Audit. At the request of the OAG, GRANTEE shall grant access to and make available all paper and electronic records, books, documents, accounting procedures, practices, and any other items relevant to the performance of this Contract, compliance with the applicable state or federal laws and regulations,and the operation and management of GRANTEE to the OAG or its designees for the purposes of inspecting, auditing, or copying such items. GRANTEE will direct any other entity,person, or contractor receiving fund directly under this Contract or through a subcontract under this Contract to likewise permit access to, inspection of, and reproduction of all books, records and other relevant information of the entity, person or contractor that pertain to this Contract. All records, books, documents, accounting procedures, practices, and any other items, in whatever form, relevant to the performance of this Contract shall be subject to examination or audit. Whenever practical as determined at the sole discretion of the OAG, the OAG shall provide GRANTEE with up to five (5) business days advance notice of any such examination or audit. 7.4 State Auditor. In addition to and without limitation on the other audit provisions of this Contract,pursuant to Section 2262.154 of the Texas Government Code, the State Auditor's Office may conduct an audit or investigation of GRANTEE or any other entity or person receiving funds from the State directly under this Contract or indirectly through a subcontract under this Contract. The acceptance of funds by GRANTEE or any other entity or person directly under this Contract or indirectly through a subcontract under this Contract acts as acceptance of the authority of the State Auditor's Office,under the direction of the Legislative Audit Committee,to conduct an audit or investigation in connection with those funds. Under the direction of the Legislative Audit Committee, GRANTEE or another entity that is the subject of an audit or investigation by the State Auditor's Office must provide the State Auditor's Office with access to any information the State Auditor's Office considers relevant to the investigation or audit. GRANTEE further agrees to cooperate fully with the State Auditor's Office in the conduct of the audit or investigation, including providing all records requested. GRANTEE shall ensure that this paragraph concerning the authority to audit funds received indirectly by subcontractors through GRANTEE and the requirement to cooperate is included in any subcontract it awards. The State Auditor's Office shall at any time have access to and the right to examine, audit, excerpt, and transcribe any pertinent books, documents,working papers,and records of GRANTEE related to this Contract. GRANTEE also represents and warrants that it will comply with Section 321.022 of the Texas Government Code,which requires that suspected fraud and unlawful conduct be reported to the State Auditor's Office. 7.5 Location. Any audit of records shall be conducted at GRANTEE's principal place of business and/or the location(s) of GRANTEE's operations during GRANTEE's normal business ICAC Subrecipient Grant Contract Page 10 of 25 hours. GRANTEE shall provide to OAG or its designees, on GRANTEE's premises(or if the audit is being performed of a subcontractor, the subcontractor's premises if necessary) private space, office furnishings (including lockable cabinets), telephone and facsimile services, utilities and office-related equipment and duplicating services as OAG or its designees may reasonably require to perform the audits described in this Contract. SECTION 8 SUBMISSION OF INFORMATION TO THE OAG The OAG will designate methods for submission of information to the OAG by GRANTEE. The OAG generally requires submission of information via email or hard copy format. Some reporting requirements must occur via the internet and/or a web-based data collection method. 8.1 Programmatic Reports and Information (excluding Financial Reports). All statistical reports, annual performance reports, correspondence, reports or notices, except financial reports specified below, must be submitted in the manner directed by the OAG. OAG will provide the required manner of delivery after the grant is awarded. The manner of delivery may be subject to change during the term of the Contract, in the sole discretion of the OAG. 8.2 Financial Reports (excluding Programmatic Reports and Information). All financial status reports, requests for reimbursement and inventory reports, must be submitted in the manner directed by the OAG. OAG will provide the required manner of delivery after the grant is awarded. The manner of delivery may be subject to change during the term of the Contract, in the sole discretion of the OAG. SECTION 9 CORRECTIVE ACTION PLANS AND SANCTIONS The Parties agree to make a good faith effort to identify, communicate and resolve problems found by either the OAG or GRANTEE. 9.1 Corrective Action Plans. If the OAG finds deficiencies with GRANTEE's performance under this Contract, the OAG, at its sole discretion, may impose one or more of the following remedies as part of a corrective action plan: increase monitoring visits; require that additional or more detailed financial and/or programmatic reports be submitted; require prior approval for expenditures; require additional technical or management assistance and/or make modifications in business practices; reduce the Contract amount; and/or terminate this Contract. The foregoing are not exclusive remedies, and the OAG may impose other requirements that the OAG determines will be in the best interest of the State. 9.2 Financial Hold. Failure to comply with submission deadlines for required reports, invoices, or other requested information, indicators of financial risk, or reports of conflict of interest or potential/actual fraud, waste, and abuse, may result in the OAG, at its sole discretion, placing GRANTEE on immediate financial hold without further notice to GRANTEE and without first requiring a corrective action plan. No reimbursements will be processed until the requested ICAC Subrecipient Grant Contract Page 11 of 25 information is submitted.If GRANTEE is placed on financial hold,the OAG, at its sole discretion, may deny reimbursement requests associated with expenses incurred during the time GRANTEE was placed on financial hold. 9.3 Sanctions. In addition to financial hold, the OAG, at its sole discretion, may impose other sanctions without first requiring a corrective action plan. The OAG, at its sole discretion, may impose sanctions, including, but not limited to, withholding or suspending funding, offsetting previous reimbursements, requiring repayment, disallowing claims for reimbursement, reducing funding, terminating this Contract and/or any other appropriate sanction. 9.4 No Waiver. Notwithstanding the imposition of corrective actions, financial hold and/or sanctions, GRANTEE remains responsible for complying with the Contract terms and conditions. Corrective action plans, financial hold and/or sanctions do not excuse or operate as a waiver of prior failure to comply with this Contract. SECTION 10 GENERAL TERMS AND CONDITIONS 10.1 Uniform Grant Management Act, TxGMS and Applicable Standard Federal and State Certifications and Assurances. GRANTEE agrees to comply with applicable laws, executive orders, regulations and policies as well as Texas Government Code, Chapter 783, and the Texas Grant Management Standards (TxGMS), and any other applicable federal or state grant management standards or requirements. Further, GRANTEE agrees to comply with the applicable OAG Certifications and Assurances, as contained in the Application Kit, which are incorporated herein by reference, including, but not limited to, the equal employment opportunity program certification, disclosure and certification regarding lobbying, non-procurement debarment certification, drug-free workplace certification, annual single audit certification, compliance with annual independent financial audit filing requirement, compliance with TxGMS and the applicable 2 CFR Part 200, return of grant funds in the event of loss or misuse, and conflict of interest. 10.2 Generally Accepted Accounting Principles or Other Recognized Accounting Principles. GRANTEE shall adhere to Generally Accepted Accounting Principles (GAAP) promulgated by the American Institute of Certified Public Accountants, unless other recognized accounting principles are required by GRANTEE. GRANTEE shall also follow OAG fiscal management policies and procedures in processing and submitting requests for reimbursement and maintaining financial records related to this Contract. 10.3 Conflicts of Interest; Disclosure of Conflicts. GRANTEE represents and warrants that performance under the Contract or grant will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety. GRANTEE has not given, or offered to give, nor does GRANTEE intend to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant or employee of the OAG, at any time during the negotiation of this Contract or in connection with this Contract,except as allowed under relevant state or federal law. Further,GRANTEE represents and warrants that in the administration of the grant, it will comply with all conflict of interest ICAC Subrecipient Grant Contract Page 12 of 25 prohibitions and disclosure requirements required by applicable law, rules, and policies, including Chapter 176 of the Texas Local Government Code. If circumstances change during the course of the Contract or grant, GRANTEE shall promptly notify the OAG. GRANTEE will establish safeguards to prohibit its employees from using their positions for a purpose that constitutes or presents the appearance of a personal or organizational conflict of interest or personal gain. GRANTEE will operate with complete independence and objectivity without an actual, potential or apparent conflict of interest with respect to its performance under this Contract. GRANTEE must disclose, in writing, within fifteen (15) calendar days of discovery, any existing or potential conflicts of interest relative to its performance under this Contract. 10.4 Compliance with Regulatory and Licensing Bodies. GRANTEE agrees that it has obtained all licenses, certifications, permits and authorizations necessary to perform the responsibilities of this Contract and currently is, and will remain, in good standing with all regulatory agencies that regulate any or all aspects of GRANTEE's business or operations. GRANTEE agrees to remain in good standing with the Texas Secretary of State, the Texas Comptroller of Public Accounts and related federal governmental bodies related to GRANTEE's right to conduct its business in Texas. GRANTEE agrees to comply with all applicable licenses, legal certifications, inspections, and any other applicable local ordinance or state or federal laws. 10.5 Does Not Boycott Israel. To the extent required by Texas Government Code, section 2271.002, GRANTEE represents and warrants that neither GRANTEE, nor any subcontractor, assignee, or sub-recipient of GRANTEE, currently boycotts Israel, or will boycott Israel during the term of this Contract. GRANTEE agrees to take all necessary steps to ensure this certification remains true for any future subcontractor or assignee. For purposes of this provision, "Boycott Israel" shall have the meaning assigned by Texas Government Code, Sec. 808.001(1). 10.6 Law Enforcement Agency Grant Restriction. If GRANTEE is a law enforcement agency regulated by Chapter 1701 of the Texas Occupations Code, GRANTEE represents and warrants that under article IX, section 4.01 of the General Appropriations Act, GRANTEE will not use appropriated money unless the law enforcement agency is in compliance with all rules developed by the Commission on Law Enforcement (TCOLE), or TCOLE certifies that GRANTEE is in the process of achieving compliance. 10.7 Restriction on Abortion Funding. GRANTEE acknowledges that, under article IX, section 6.24 of the General Appropriations Act for the term covered by this Contract, and except as provided by that Act, funds may not be distributed under this Contract to any individual or entity that: (1) performs an abortion procedure that is not reimbursable under the State's Medicaid program; (2) is commonly owned, managed, or controlled by an entity that performs an abortion procedure that is not reimbursable under the State's Medicaid program; or (3) is a franchise or affiliate of an entity that performs an abortion procedure that is not reimbursable under the State's Medicaid program. 10.8 Reporting Compliance. GRANTEE represents and warrants that it will submit timely, complete, and accurate reports in accordance with the grant and maintain appropriate backup documentation to support the reports. ICAC Subrecipient Grant Contract Page 13 of 25 SECTION 11 SPECIAL TERMS AND CONDITIONS 11.1 Independent Contractor Status; Indemnity and Hold Harmless Agreement. GRANTEE expressly agrees that it is an independent contractor and under no circumstances shall any owner, incorporator, officer, director, employee, or volunteer of GRANTEE be considered a state employee, agent, servant,joint venturer,joint enterpriser or partner of the OAG or the State of Texas. GRANTEE agrees to take such steps as may be necessary to ensure that each contractor of GRANTEE will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant,j oint venturer,j oint enterpriser or partner of the OAG or the State of Texas. All persons furnished, used, retained, or hired by or on behalf of GRANTEE or any of GRANTEE's contractors shall be considered to be solely the employees or agents of GRANTEE or GRANTEE's contractors. GRANTEE or GRANTEE's contractors shall be responsible for ensuring that any and all appropriate payments are made, such as unemployment, workers compensation, social security, any benefit available to a state employee as a state employee, and other payroll taxes for such persons, including any related assessments or contributions required by law. GRANTEE or contractors are responsible for all types of claims whatsoever due to actions or performance under this Contract,including,but not limited to,the use of automobiles or other transportation by its owners, incorporators, officers, directors, employees,volunteers or any third parties. TO THE EXTENT PERMISSIBLE UNDER THE TEXAS CONSTITUTION AND LAWS PROMULGATED THEREUNDER, GRANTEE SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND OAG, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY,ACTIONS,CLAIMS,DEMANDS,OR SUITS,AND ALL RELATED COSTS, ATTORNEY FEES,AND EXPENSES ARISING OUT OF, OR RESULTING FROM ANY ACTS OR OMISSIONS OF GRANTEE OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT AND ANY PURCHASE ORDERS ISSUED UNDER THE CONTRACT.THE DEFENSE SHALL BE COORDINATED BY GRANTEE WITH THE OAG WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND GRANTEE MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OAG. OAG AND GRANTEE AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. 11.2 Publicity. GRANTEE shall not use the OAG's name or refer to the OAG directly or indirectly in any media release,public service announcement or public service disclosure relating to this Contract or any acquisition pursuant hereto, including in any promotional or marketing materials, without first obtaining written consent from the OAG. This section is not intended to and does not limit GRANTEE's ability to comply with its obligations and duties under the Texas ICAC Subrecipient Grant Contract Page 14 of 25 Open Meetings Act and/or the Texas Public Information Act. 11.3 Intellectual Property. GRANTEE understands and agrees that where funds obtained under this Contract may be used to produce original books, manuals, films, or other original material and intellectual property developed or produced out of funs obtained under this Contract, GRANTEE may copyright such material subj ect to the royalty-free,non-exclusive,and irrevocable license which is hereby reserved by the OAG and granted by GRANTEE to the OAG or the state (or federal government,if federal funds are expended in this grant)government GRANTEE hereby grants the OAG an unrestricted, royalty-free, non-exclusive, and irrevocable license to use, copy, modify, reproduce, publish, or otherwise use, and authorize others to use (in whole or in part, including in connection with derivative works), at no additional cost to the OAG, in any manner the OAG deems appropriate at its sole discretion, any component of such intellectual property. GRANTEE shall obtain from subrecipients, contractors, and subcontractors (if any) all rights and data necessary to fulfill the GRANTEE's obligations to the OAG under this Contract. If a proposed subrecipient,contractor,or subcontractor refuses to accept terms affording the OAG such rights, GRANTEE shall promptly bring such refusal to the attention of the OAG Program Manager for the Contract and not proceed with the agreement in question without further authorization from the OAG. 11.4 Program Income. Gross income directly generated from the grant funds through a project or activity performed under this Contract is considered program income.Unless otherwise required under the terms of this Contract, any program income shall be used by GRANTEE to further the program objectives of the project or activity funded by this grant, and the program income shall be spent on the same project or activity in which it was generated. GRANTEE shall identify and report this income in accordance with the OAG's reporting instructions. GRANTEE shall expend program income during this Contract term; program income not expended in this Contract term shall be refunded to the OAG. 11.5 No Supplanting. GRANTEE shall not supplant or otherwise use funds from this Contract to replace or substitute existing funding from other sources that also support the activities that are the subject of this Contract. 11.6 No Solicitation or Receipt of Funds on Behalf of OAG. It is expressly agreed that any solicitation for or receipt of funds of any type by GRANTEE is for the sole benefit of GRANTEE and is not a solicitation for or receipt of funds on behalf of the OAG or the Attorney General of the State of Texas. 11.7 No Subcontracting, Assignment, or Delegation Without Prior Written Approval of OAG. GRANTEE may not subcontract, delegate, or assign any of its rights or duties under this Contract without the prior written approval of the OAG. OAG shall maintain the complete and sole discretion to approve or deny any request to subcontract, assign any right, or delegate any duty under this Contract, and the OAG may withhold its approval for any reason or no reason. In the event the OAG approves subcontracting,assignment, or delegation by GRANTEE,GRANTEE will ensure that its contracts with others shall require compliance with the provisions of this ICAC Subrecipient Grant Contract Page 15 of 25 Contract to the extent necessary to support GRANTEE's compliance with this Contract. GRANTEE, in subcontracting for any performances specified herein, expressly understands and agrees that it is not relieved of its responsibilities for ensuring that all performance is in compliance with this Contract and that the OAG shall not be liable in any manner to GRANTEE's subcontractor(s). GRANTEE represents and warrants that it will maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. 11.8 No Grants to Certain Organizations. GRANTEE confirms by executing this Contract that it does not make contributions to campaigns for elective office or endorse candidates. 11.9 Merging Entities. If GRANTEE merges with an organization that is currently receiving ICAC grant funds for the same purpose, directly from the OAG, and the merger is completed during the current the Contract term,the standing organization may seek reimbursement for the remaining OAG funding of the dissolving organization in addition to the standing organization's current funding. If GRANTEE merges or is absorbed by a non-OAG funded organization, GRANTEE's Contract will be terminated. The non-OAG funded organization cannot seek the funding of the dissolving organization for the current grant period. 11.10 No Waiver of Sovereign Immunity. The Parties agree that no provision of this Contract is in any way intended to constitute a waiver by the OAG or the State of Texas of any immunities from suit or from liability that the OAG or the State of Texas may have by operation of law. 11.11 Governing Law; Venue. This agreement 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 this agreement is fixed in any court of competent jurisdiction of Travis County, Texas, unless the specific venue is otherwise identified in a statute that directly names or otherwise identifies its applicability to the OAG. GRANTEE hereby waives and agrees not to assert by way of motion, as a defense, or otherwise, in any suit, action or proceeding, any claim that GRANTEE is not personally subject to the jurisdiction; the suit, action or proceeding is brought in an inconvenient forum; and/or the venue is improper. 11.12 U.S. Department of Homeland Security's E-Verify System. GRANTEE will ensure that it utilizes the U.S. Department of Homeland Security's E-Verify system to determine the eligibility of any new employee hired after the effective date of this agreement who will be working on any matter covered by this agreement. 11.13 Business with Iran, Sudan, or Terrorist Organizations. GRANTEE hereby represents and warrants that it does not, and shall not for the duration of this Contract, engage in any business operations, including but not limited to acquiring, developing, maintaining, owning, selling, ICAC Subrecipient Grant Contract Page 16 of 25 possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce with Iran, Sudan or a foreign terrorist organization, or as otherwise prohibited by Section 2252.152 of the Texas Government Code. 11.14 No Use of Grant Money for Lobbying.GRANTEE shall not use any grant funds provided by OAG to GRANTEE to influence the passage or defeat of any legislative measure or election of any candidate for public office. GRANTEE represents and warrants that OAG's payments to GRANTEE and GRANTEE'S receipt of appropriated or other funds under the Contract or grant are not prohibited by Sections 403.1067 or 556.0055 of the Texas Government Code which restrict lobbying expenditures. 11.15 Child Support Obligation Affirmation. Under Section 231.006 of the Texas Family Code, GRANTEE certifies that the individual or business entity named in this Contract is not ineligible to receive the specified grant, and acknowledges that this Contract may be terminated and payment may be withheld if this certification is inaccurate. GRANTEE represents and warrants that it will include the following clause in the award documents for every subaward and subcontract and will require subrecipients and contractors to certify accordingly: "Under Section 231.006 of the Family Code, the vendor or applicant 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. 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." 11.16 Limitations on Grants to Units of Local Government. GRANTEE acknowledges and agrees that appropriated funds may not be expended in the form of a grant to, or contract with, a unit of local government unless the terms of the grant or contract require that the funds received under the grant or contract will be expended subject to the limitations and reporting requirements similar to those provided by the following: a. Parts 2 and 3 of the Texas General Appropriations Act, Art. IX, except there is no requirement for increased salaries for local government employees; b. Sections 556.004, 556.005, and 556.006 of the Texas Government Code; and c. Sections 2113.012 and 2113.101 of the Texas Government Code. 11.17 Dispute Resolution Process. The dispute resolution process provided for in Chapter 2009 of Texas Government Code shall be used by GRANTEE to resolve any dispute arising under this Contract including specifically any alleged breach of the Contract by OAG. 11.18 Excluded Parties. GRANTEE certifies that it is not listed in the prohibited vendors list authorized by Executive Order No. 13224, "Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism",published by the United States Department of the Treasury, Office of Foreign Assets Control. ICAC Subrecipient Grant Contract Page 17 of 25 11.19 Executive Head of a State Agency Affirmation. In accordance with Section 669.003 of the Texas Government Code, relating to contracting with an executive head of a state agency, GRANTEE certifies that it is not(1)the executive head of the OAG, (2) a person who at any time during the four years before the date of the Contract or grant was the executive head of the OAG, or(3) a person who employs a current or former executive head of the OAG. 11.20 Political Polling Prohibition. GRANTEE represents and warrants that it does not perform political polling and acknowledges that appropriated funds may not be granted to, or expended by, any entity which performs political polling. 11.21 Financial Participation Prohibited Affirmation. Under Section 2155.004(b) of the Texas Government Code, GRANTEE certifies that the individual or business entity named in this Contract is not ineligible to receive the specified Contract or grant funding and acknowledges that the Contract may be terminated and all payments withheld if this certification is inaccurate. 11.22 Human Trafficking Prohibition. Under Section 2155.0061 of the Texas Government Code, the GRANTEE certifies that the individual or business entity named in this Contract is not ineligible to receive the specified Contract or grant funding and acknowledges that this Contract may be terminated and all payments withheld if this certification is inaccurate. 11.23 Prior Disaster Relief Contract Violation. Under Sections 2155.006 and 2261.053 of the Texas Government Code, GRANTEE certifies that the individual or business entity named in this Contract is not ineligible to receive the specified Contract or grant funding and acknowledges that this Contract may be terminated and all payments withheld if this certification is inaccurate. 11.24 Cybersecurity Training Programs. GRANTEE represents and warrants its compliance with Section 2054.5191 of the Texas Government Code relating to the cybersecurity training program for local government employees who have access to a local government computer system or database. If GRANTEE has access to any state computer system or database, GRANTEE shall complete cybersecurity training and verify completion of the training program to the Agency pursuant to and in accordance with Section 2054.5192 of the Government Code. 11.26 Debarment and Suspension. GRANTEE certifies that it and its principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Management(SAM) maintained by the General Services or Administration. 11.26 Disclosure Protections for Certain Charitable Organizations, Charitable Trusts, and Private Foundations. GRANTEE represents and warrants that it will comply with Section 2252.906 of the Texas Government Code relating to disclosure protections for certain charitable organizations, charitable trusts, and private foundations. 11.27 Legal Authority. GRANTEE represents that it possesses legal authority to apply for the grant. A resolution, motion or similar action has been duly adopted or passed as an official act of ICAC Subrecipient Grant Contract Page 18 of 25 the GRANTEE's governing body, authorizing the filing of the Response or Grant Application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative, or the designee of GRANTEE to act in connection with the Contract and to provide such additional information as may be required. 11.28 Open Meetings. If the GRANTEE is a governmental entity, GRANTEE represents and warrants its compliance with Chapter 551 of the Texas Government Code which requires all regular, special or called meeting of a governmental body to be open to the public, except as otherwise provided by law. 11.29 COVID-19 Documentation. Pursuant to Texas Health and Safety Code, Section 161.0085(c), a business in this state may not require a customer to provide any documentation certifying the customer's COVID-19 vaccination or post-transmission recovery on entry to,to gain access to, or to receive service from the business. To the extent applicable, GRANTEE represents and warrants that it is in compliance with Texas Health and Safety Code, Section 161.0085 and is eligible,pursuant to that section, to receive a grant or otherwise enter into a contract payable with state funds. 11.30 Restrictions and Certifications Regarding Non-Disclosure Agreements and Related Matters. In accepting this grant, the GRANTEE: a. represents and warrants that GRANTEE neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if GRANTEE learns or GRANTEE is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict(or purport to prohibit or restrict),reporting of waste, fraud, or abuse as described above,it will immediately stop any further obligations of award funds,will provide prompt written notification to the OAG and will resume (or permit resumption of) such obligations only if expressly authorized to do so by the OAG. 11.31 Public Camping Ban. GRANTEE certifies that it has not received a final judicial determination finding it intentionally adopted or enforced a policy that prohibited or discouraged the enforcement of a public camping ban in an action brought by the Attorney General under Local Government Code § 364.003. If GRANTEE is currently being sued under the provisions of Local Government Code § 364.003, or is sued under this section at any point during the duration of this grant, GRANTEE must immediately disclose the lawsuit and its current posture to the OAG. 11.32 Disaster Recovery Plan. Upon request of OAG,GRANTEE shall provide the descriptions of its business continuity and disaster recovery plans. 11.33 Discrimination Prohibited. To the extent applicable, in accordance with Section 2105.004 of the Texas Government Code, GRANTEE represents and warrants that it will not use block grant funds in a manner that discriminates on the basis of race, color, national origin, sex, or religion. ICAC Subrecipient Grant Contract Page 19 of 25 11.34 Force Majeure. Neither GRANTEE nor OAG shall be liable to the other for any delay in, or failure of performance, of any requirement included in the Grant Contract caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed provided the non-performing Party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation, epidemics or pandemics, or other causes that are beyond the reasonable control of either Party and that by exercise of due foresight such Party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such Party is unable to overcome. 11.35 Texas Public Information Act. Information, documentation, and other material in connection with this Contract may be subject to public disclosure pursuant to Chapter 552 of the Texas Government Code (the "Public Information Act"). In accordance with section 2252.907 of the Texas Government Code, GRANTEE is required to make any information created or exchanged with 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. 11.36 MOU between OAG and GRANTEE. The OAG and GRANTEE will have in place a MOU that outlines the duties and responsibilities of GRANTEE as a member of the ICAC Task Force. GRANTEE agrees to comply with the approved Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention ICAC Task Force Operational and Investigative Standards. 11.37 Restrictions and Certifications Regarding Non-Disclosure Agreements and Related Matters. In accepting this grant, the GRANTEE: a. represents and warrants that GRANTEE neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if GRANTEE learns or GRANTEE is notified that is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict(or purport to prohibit or restrict),reporting of waste, fraud,or abuse as described above,it will immediately stop any further obligations of award funds,will provide prompt written notification to the OAG and will resume (or permit resumption of) such obligations only if expressly authorized to do so OAG. SECTION 12 FEDERAL FUNDING TERMS AND CONDITIONS 12.1 Federal and State Laws,Rules and Regulations,Directives,Guidelines,Code of Federal Regulations (CFR) and Other Relevant Authorities. GRANTEE agrees to comply with all applicable federal and state laws, rules and regulations, directives, guidelines, including 2 CFR Part 200, and any other authorities relevant to the performance of GRANTEE under this contract. ICAC Subrecipient Grant Contract Page 20 of 25 In instances where multiple requirements apply to GRANTEE, the more restrictive requirement applies. 12.2 Catalog of Federal Domestic Assistance Number. The Catalog of Federal Domestic Assistance Number (CFDA) number for the Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention program is 16.543, titled "Missing Children's Assistance." 12.3 Byrd Anti-Lobbying Amendment. To the extent applicable, GRANTEE certifies that no federal appropriated funds have been paid or will be paid to any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress on its behalf to obtain, extend, or modify this contract or grant. If non-federal funds are used by GRANTEE to conduct such lobbying activities, GRANTEE shall promptly file the prescribed disclosure form. In accordance with 31 U.S.C. § 1352(b)(5), GRANTEE acknowledges and agrees that it is responsible for ensuring that each subrecipient and subcontractor certifies its compliance with the expenditure prohibition and the declaration requirement. 12.4 Clean Air Act and Federal Water Pollution Control Act. GRANTEE represents and warrants that it will comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). 12.5 Compliance with Laws,Rules,and Requirements. GRANTEE represents and warrants that it will comply, and assure the compliance of all its subrecipients and contractors, with all applicable federal and state laws, rules, regulations, and policies in effect or hereafter established. In addition, GRANTEE represents and warrants that it will comply with all requirements imposed by the OAG concerning special requirements of law, program requirements, and other administrative requirements. In instances where multiple requirements apply to GRANTEE, the more restrictive requirement applies. 12.6 Disclosure of Violations of Federal Criminal Law. GRANTEE represents and warrants its compliance with 2 CFR § 200.113 which requires the disclosure in writing of violations of federal criminal law involving fraud, bribery, and gratuity and the reporting of certain civil, criminal, or administrative proceedings to SAM. 12.7 Federal Solid Waste Disposal Act. GRANTEE represents and warrants that it will comply with the requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. 12.8 No Conflicts of Interest (Federal). GRANTEE represents and warrants its compliance with the OJP's conflict of interest policies in accordance 2 CFR § 200.112. 12.9 Records Retention(Federal).GRANTEE represents and warrants its compliance with the records retention requirements of 2 CFR§ 200.333. OAG reserves the right to direct a GRANTEE ICAC Subrecipient Grant Contract Page 21 of 25 to retain documents for a longer period of time or transfer certain records to OAG custody when it is determined the records possess longer term retention value. GRANTEE must include the substance of this clause in all subawards and subcontracts. 12.10 Special Provisions Due to Federal Funding. 12.10.1 Source of Federal Funds. The source of funds for this Contract are federal funds, specifically, the ICAC Task Forces, conducted in accordance with Federal grant programs funded under the CFDA No. 16.543 Missing Children's Assistance. 12.10.2 Applicable Certifications and Assurances and other Provisions Due to Federal Funding. GRANTEE agrees to comply with all relevant federal requirements under the applicable federal grant program. GRANTEE agrees to comply with terms of the "Super Circular" (2 CFR Chapters I and II) in the event they are applicable to this award funded with federal funds. SECTION 13 CONSTRUCTION OF CONTRACT AND AMENDMENTS 13.1 Construction of Contract. The provisions of Section 1 are intended to be a general introduction to this Contract. To the extent the terms and conditions of this Contract do not address a particular circumstance or are otherwise unclear or ambiguous, such terms and conditions are to be construed consistent with the general objectives, expectations and purposes of this Contract. 13.2 Entire Agreement,including All Exhibits. This Contract, including all exhibits,reflects the entire agreement between the Parties with respect to the subject matter therein described, and there are no other representations (verbal or written), directives, guidance, assistance, understandings or agreements between the Parties related to such subject matter. By executing this Contract, GRANTEE agrees to strictly comply with the requirements and obligations of this Contract, including all exhibits. 13.3 Amendment. This Contract shall not be modified or amended except in writing, signed by both parties. Any properly executed amendment of this Contract shall be binding upon the Parties and presumed to be supported by adequate consideration. 13.4 Partial Invalidity. If any term or provision of this Grant Contract is found to be illegal or unenforceable, such construction shall not affect the legality or validity of any of its other provisions. It is the intent and agreement of the Parties to this Grant Contract that the resulting Grant Contract shall be deemed amended by modifying such provision to the extent necessary to render it valid, legal and enforceable while preserving its intent or, if such modification is not possible, by substituting another provision that is valid, legal and enforceable and that achieves the same objective. All other provisions of the Grant Contract will continue in full force and effect. 13.5 Non-waiver. The failure of any Parry to insist upon strict performance of any of the terms or conditions herein, irrespective of the length of time of such failure, shall not be a waiver of that ICAC Subrecipient Grant Contract Page 22 of 25 party's right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under this Contract shall constitute a consent or waiver to or of any breach or default in the performance of the same or any other obligation of this Contract. 13.6 Official Capacity. The Parties stipulate and agree that the signatories hereto are signing, executing and performing this Contract only in their official capacity. 13.7 Signature Authority. The undersigned Parties represent and warrant that the individuals submitting this document are authorized to sign such documents on behalf of the respective parties. 13.8 False Statements. GRANTEE agrees and acknowledges that if GRANTEE signs the Grant Contract with a false statement or it is subsequently determined that GRANTEE has violated any of the representations, warranties, guarantees, certifications, or affirmations included in the Grant Contract, or any documents submitted in connection with the Grant Contract, then GRANTEE will be in default under the Grant Contract and OAG may terminate or void the Grant Contract. IN WITNESS HEREOF, THE PARTIES HAVE SIGNED AND EXECUTED THIS CONTRACT IN MULTIPLE COUNTERPARTS. OFFICE OF THE ATTORNEY CORPUS CHRISTI POLICE GENERAL OF TEXAS DEPARTMENT DocuSigned by: DocuSigned by: D�BQ3DEBt4f9... �D"6A?��J4a ... Printed Name: Josh Reno Printed Name: Tenade Paddock-Roberts Office of the Attorney General Authorized Official ICAC Subrecipient Grant Contract Page 23 of 25 GRANT CONTRACT OAG Contract No. C-00588 EXHIBIT A Maximum Liability of the OAG. The OAG and GRANTEE agree that the total liability of the OAG to GRANTEE, directly or indirectly, arising out of this Contract for reimbursement of all expenses, shall not exceed: $10,000. Subject to the limitations within this Contract, the OAG will reimburse GRANTEE for actual allowable and allocable costs paid according to the following amounts and budget categories: Budget Category Amount Personnel $0.00 Fringe Benefits $0.00 Professional & Contractual Services $0.00 Travel $0.00 Equipment $0.00 Supplies $111.00 Other Direct Operating Expenses $9,889.00 [Total $10,000 ICAC Subrecipient Grant Contract Page 24 of 25 GRANT CONTRACT OAG Contract No. C-00588 EXHIBIT B SPECIAL CONDITIONS Special Conditions are imposed by the OAG at its sole discretion. In addition to the ones identified in this exhibit to this Contract, the OAG may, at its sole discretion, impose additional special conditions, with or without notice, without amending this Contract. GRANTEE'S signature on this contact will be treated as a signature agreement for each of the twenty-one (21)pages of the Special Conditions, as attached. The Special Conditions that apply to this Contract are: • Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, Special Conditions of the Cooperative Agreement (OAG Award Document), 15PJDP-2I-GK-03802-MECP, and any subsequent award document. ➢ Fourteen (14)pages. • Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, Project Summary (OAG Award Document), 15PJDP-21- GK-03802-MECP. ➢ One (1)page. • Compliance with the Department of Justice, Office of Justice Programs, Office of Civil Rights,as provided in the letter to Texas Office of the Attorney General and any subsequent award document. ➢ Three (3)pages. • Department of Justice, Office of Justice Programs, Assurances — Standard Assurances. ➢ Three (3)pages. ICAC Subrecipient Grant Contract Page 25 of 25 G� O� U 18522 "owPoAGENDA MEMORANDUM Action Item for the City Council Meeting February 28, 2023 DATE: January 31, 2023 TO: Peter Zanoni, City Manager FROM: Robert Dodd, Director of Parks & Recreation Robert D4(a-)cctexas.com (361) 826-3133 Ordinance for Select Parks and Recreation Grants and Food and Food- Related Supplies Purchase for the Elderly Nutrition Program CAPTION: Ordinance appropriating $1,967,995.46 from the following Parks and Recreation Grants: Elderly Nutrition Program, $1,222,223.54; Senior Companion Program, $442,122.00; Retired & Senior Volunteer Program, $176,160.00; Texans Feeding Texans, $75,517.59; Summer Food Service Program-Deferred Revenue, $28,880.33; Beat the Heat Cooling Centers, $12,000.00 and After School Snacks, $11,092.00; authorizing the purchase of up to $450,000 in food supplies for the senior nutrition program through the participation in the TEXAS 20 Purchasing Cooperative beginning October 1, 2022, which includes up to $410,000.00 from Labatt Food Service LLC and $40,000.00 from Hill Country Dairies Inc. SUMMARY: This ordinance appropriates $1,967,995.46 in the Parks Grants Fund No. 1067 for select Parks and Recreation grants; and the FY 2022-23 Operating Budget adopted by Ordinance No. 032855 is amended to increase revenues and expenditures by $1,967,995.46. This ordinance also authorizes food and food-related supplies purchases for FY 2023 for up to $450,000 via the Elderly Nutrition Program Grant for the Parks and Recreation Department through the Coastal Bend Council of Governments' (CBCOG) participation in the Texas 20 Purchasing Cooperative. These purchases are essential in providing food supplies to prepare meals for nutrition programs for seniors. BACKGROUND AND FINDINGS: For many years, the City has applied for and received grants with the Area Agency on Aging of the Coastal Bend for the Elderly Nutrition Program, the Corporation for National and Community Service for the Retired & Senior Volunteer Program and the Senior Companion Program, grants from the Texas Department of Agriculture for the Texans Feeding Texans Program and Afterschool Snack Program, and a grant from Reliant NRG for the Beat the Heat Cooling Centers. The grants received fund programs that benefit the community citywide and serve a diverse range of ages. The After School Snack Program is offered to at-risk youth up to the age of 18 at four recreation centers: Lindale, Oso, Joe Garza, and Oak Park recreation centers during the school year. The program is a federally assisted nutritional food service that fills the afternoon hunger gap for school aged children. The Beat the Heat Cooling Centers are in-person cooling centers, where residents can rest, cool off, receive a snack, and participate in indoor activities. In addition, curbside pick-up stations are also available so residents can stay cool in their own homes during the summer months. Each cooling kit includes a snack, indoor activities, and a personal cooling device. The Beat the Heat locations include Broadmoor, Lindale, Oveal Williams and Ethel Eyerly Senior Centers. Fund 1067 Parks & Recreation Grants Grants Summary Residents Grant Description Grant Award City Match Served Elderly Nutrition Program FY 22-23 $1,222,223.54 1,981 Senior Companion Program FY 22-23 $442,122.00 $64,469.00 130 Retired & Senior Volunteer Program FY 22-23 $176,160.00 $79,173.00 285 Texans Feeding Texans FY 22-23 $75,517.59 822 Summer Food Service Program - Deferred Revenue $28,880.33 N/A Beat the Heat Cooling Centers FY2 2-23 $12,000.00 3,911 After School Snacks FY 22-23 $11,092.00 238 Total Funds $1,967,995.46 $143,642.00 7,367 The Elderly Nutrition Program Grant is awarded to the City through the Coastal Bend Area Agency on Aging. The Coastal Bend Area Agency on Aging is a division of the CBCOG. The City is one of 11 meal service providers in the area that receive grant funds for the Elderly Nutrition Program through the Area Agency on Aging of the CBCOG. The Elderly Nutrition Program Grant has been offered by the City of Corpus Christi since 1973. The City of Corpus Christi is the largest meal service provider under the CBCOG and receives the highest percentage of funds available based on age 60+ census numbers. The Elderly Nutrition Program consists of congregate meals, which are meals served at senior centers, and home delivered meals, which are commonly referred to as "Meals on Wheels." The Parks and Recreation Department provides congregate meals to eight senior centers including home-delivered meals to homebound elderly individuals through its "Meals on Wheels," program. This program serves residents at eight senior centers are Broadmoor, Ethel Eyerly, Garden, Greenwood, Lindale, Northwest, Oveal Williams, and Zavala. All meals are prepared on- site at the City's Nutrition Education Service Center. Approximately 1,000 meals are prepared per day for the senior nutrition program. For FY 22, the total number of meals served were 66,923 consisting of 1,981 clients. The total number of meals served at each senior center for FY 22 were as follows: Broadmoor, 8,209 units; Ethel Eyerly, 6,624 units; Garden, 8,794 units; Lindale, 7,325 units; Northwest, 9,153 units; Oveal Williams, 7,163 units; and Zavala, 5,615 units. For FY 21, the total number of meals served was 279,770, a 76% year-over-year decrease. This reduction can be attributed to the impact of COVID19 and the associated spike in demand for curbside meals in FY 21. The grant funding from the Elderly Nutrition Program grant is based on per-meal served unit rate reimbursements. For FY 2023, the Parks and Recreation Department will make its food and food-related supply purchases of up to$450,000 for the Meals on Wheels Program through the CBCOG's participation in the Texas 20 Purchasing Cooperative. These funds will pay for food and food-related supplies purchases through vendors in the Texas 20 Purchasing Cooperative's database. The Parks and Recreation Department purchases directly from the Texas 20 Purchasing Cooperative's vendors that have provided the best pricing to Texas 20 Purchasing Cooperative. The Texas 20 Purchasing Cooperative's vendors include, but are not limited to, Labatt Food and Hill Country Dairy. If approved, the up to $450,000 will be paid directly to the Texas 20 Purchasing Cooperative's vendors for the items to be purchased. Selection Process: Texas 20 Purchasing Cooperative The participation agreement with the Texas 20 Purchasing Cooperative was initiated by the Coastal Bend Area Agency on Aging in 2015. The Coastal Bend Area Agency on Aging is part of the CBCOG. The agreement is available for use by all senior meal program vendors with grants administered by the Area Agency on Aging, for which the Parks and Recreation Department qualifies. Prior to participating in the Texas 20 Purchasing Cooperative, the Area Agency on Aging (AAA) had historically used a multi-vendor process of using a local bidding method and awarding the low bid by line item.The AAA compared pricing from the AAA bid and the Texas 20 Purchasing Cooperative and found there was considerable cost savings as well as administrative savings by utilizing the Texas 20 Purchasing Cooperative. The Texas 20 Purchasing Cooperative consists of 135 member agencies and is the second largest in Texas, with Dallas being the largest. The Texas 20 Purchasing Cooperative follows the rules and guidelines of the Texas Department of Agriculture (TDA), and the TDA audits the procurement process of the Texas 20 Purchasing Cooperative every year to ensure compliance with federal nutrition program standards. The Texas 20 Purchasing Cooperative utilizes a competitive solicitation process that ensures member agencies get best value pricing based on volume discounts, access to a greater variety of food products, readily available substitutes, and a more rotational food schedule to enhance menu planning. In addition to cost, other factors taken into consideration include delivery, market value, nutritional value, taste, and availability. The Parks and Recreation Department uses the Texas 20 Purchasing Cooperative because of its ability to utilize the collective buying power of multiple agencies to help secure the most competitive prices on a variety of foods and food-related supplies and services, and because it uniquely satisfies all grant and program administration requirements. The Texas 20 Purchasing Cooperative offers over 700 items that adhere to the nutritional guidelines established by various food-related grant programs, to include the Elderly Nutrition Program. There is no other entity that can meet all of these requirements. The $450,000 is essential in providing food supplies to prepare meals for the Parks and Recreation Department's Meals on Wheels program. The food and food-related supplies to be purchased include meats, fruits, vegetables, bread, condiments, dairy, seasonings, paper goods, cleaning products, gloves, hairnets, and aprons. For FY 2022, approximately $440,000 was spent for the food and food-related supplies purchase for the City's Senior Centers and Meals on Wheels Program. ALTERNATIVES: The alternative to utilizing the CBCOG is to use the City's Procurement and Contracts Department to process the annual bids for the food programs. This alternative would not provide as much access to large volume purchasing as the Texas 20 Purchasing Cooperative provides which would result in higher food prices and compromised nutritional value. FISCAL IMPACT: The fiscal impact is not to exceed $450,000.00 in food supplies for FY 2023. The purchases not to exceed $450,000.00 will be made through the Elderly Nutrition Program Grant. The food for each program is budgeted within the grant and calculated as part of the meal price. Grant revenues are received as reimbursements per meals served. 100% of the funding is from the Coastal Bend Area Agency on Aging, which is a division of the CBCOG. Funding Detail: Fund: 1067 Organization/Activity: 810823F Mission Element: 142 Project #(CIP Only): N/A Account: 520070 Food and Food Supplies RECOMMENDATION: Staff's recommendation is to approve this ordinance appropriating the various Parks and Recreation Grants and authorizing the City to purchase food and food-related supplies for the City's Senior Centers and Meals on Wheels Program through the CBCOG's participation in the Texas 20 Purchasing Cooperative, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance CBCOGs' Non-Governmental Contract with the Texas 20 Purchasing Cooperative Ordinance appropriating $1,967,995.46 from the following Parks and Recreation Grants: After School Snacks, $11,092.00; Elderly Nutrition Program, $1,222,223.54; Texans Feeding Texans, $75,517.59; Senior Companion Program, $442,122.00; Retired & Senior Volunteer Program, $176,160.00; Beat the Heat Cooling Centers, $12,000.00 and Summer Food Service Program-Deferred Revenue, $28,880.33; authorizing the purchase of up to $450,000 in food supplies for the senior nutrition program through the participation in the TEXAS 20 Purchasing Cooperative beginning October 1, 2022, which includes up to $410,000.00 from Labatt Food Service LLC and $40,000.00 from Hill Country Dairies Inc; and amending the operating budget. Whereas, the Parks and Recreation Department has been awarded certain grants for food, cooling centers, and senior programs in a total amount of $1 ,967,995.46; Whereas, Texas Local Government Code Section 271 .102 (a) provides that a local government may participate in a cooperative purchasing program with another local government of this state or another state or with a local cooperative organization of this state or another state; Whereas, Texas Local Government Code 271 .102 (c) provides that a local government that purchases goods or services under this subchapter satisfies any state law requiring the local government to seek competitive bids for the purchase of the goods or services; Whereas, Texas Government Code Chapter 791 Section 791 .011 authorizes local governments to contract with another local government to perform governmental functions and services including purchasing in accordance with Chapter 791 ; Whereas, the Area Agency on Aging of the Coastal Bend recommends participation in the TEXAS 20 Purchasing Cooperative on behalf of eight Coastal Bend elderly nutrition program providers to allow for substantial savings for local nutrition programs to be realized by volume purchasing of specific commodity items; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $1 ,967,995.46 is appropriated in the Parks Grants Fund No. 1067 for the following grants: a) After-School Snacks Grant from the Texas Department of Agriculture - $11 ,092.00 b) Elderly Nutrition Program Grant from the Area Agency on Aging of the Coastal Bend - $1,222,223.54 c) Texans Feeding Texans from the Texas Department of Agriculture - $75,517.59 d) Senior Companion Program Grant from the Corporation for National and Community Service - $442,122.00 e) Retired & Senior Volunteer Program Grant from the Corporation for National and Community Service - $ 176,160.00 f) Beat the Heat Cooling Center Grant from the Reliant NRG Company - $12,000.00 g) Summer Food Service Program Deferred Revenue Grant from the Texas Department of Agriculture - $ 28,880.33 SECTION 2. The City Manager, or designee, is authorized to execute all documents necessary for the purchase of up to $450,000 in food supplies for the senior nutrition program through the participation in the TEXAS 20 Purchasing Cooperative beginning October 1 , 2022, which includes up to $410,000.00 from Labatt Food Service LLC and $40,000.00 from Hill Country Dairies Inc. SECTION 3. This Ordinance takes effect upon approval by City Council. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor CORPUS CHRISTI PARKS& RECREATION Ordinance for Select Parks and Recreation Grants & Food and Food-Related Supplies Purchase for the Elderly Nutrition Program City Council Meeting February 28, 2023 Background CORPUS CHRISTI PARK56. For many years, the City has applied for & received the following grants: • Elderly Nutrition Program through the Area Agency on Aging of the Coastal Bend • Retired & Senior Volunteer Program, and Senior Companion Program through the Corporation for National & Community Service • Texans Feeding Texans Program and Afterschool Snack Program through the Texas Department of Agriculture • Beat the Heat Cooling Centers Program through Reliant NRG These grants offer programs that benefit the community citywide and serve a diverse range of ages. z Grant Summary �oRP�s ��^", CHRISTI PARKS RECREATION Residents Grant Description Grant Award City Match Served Elderly Nutrition Program FY 22-23 $1,222,223.54 1,981 Senior Companion Program FY 22-23 $442,122.00 $64,469.00 130 Retired&Senior Volunteer Program FY 22-23 $176,160.00 $79,173.00 285 Texans Feeding Texans FY 22-23 $75,517.59 822 Summer Food Service Program-Deferred Revenue $28,880.33 N/A Beat the Heat Cooling Centers FY 22-23 $12,000.00 3,911 After School Snacks FY 22-23 $11,092.00 238 Total Funds $1,967,995.46 $143,642.00 7,367 Elderly Nutrition Programok CORPUS CHRISTI --- PARK 56. The City is one of eleven (11) meal service providers in the area that receive grant funds for the Elderly Nutrition Program (ENP) through the Area Agency on Aging (AAA) of the Coast Bend Council of Governments' (CBCOG). The ENP consists of congregate meals, which are meals served at senior centers & home delivered meals (Meals on Wheels). • ENP grant has been offered by the City since 1973. • The City is the largest meal service provider under the CBCOG & receives the highest percentage of funds available based on age 60+ census numbers. • For Fiscal Year 2022, approximately $440,000 was spent for the food/food- related supplies purchase for the City's Senior Centers & Meals on Wheels Program. Elderly Nutrition Program CORPUS CHRISTI PARKS6. Total meals served at senior centers for Fiscal Year 2022: AE�AEAT o� Facility Council District Meals Broadmoor 2 8,209 Ethel Eyerly 4 6,624 Garden 4 8,794 Lindale 2 7,235 Northwest 1 9,153 Oveal Williams 1 7,163 Zavala 1 5,615 Total Meals: 52,793 All meals are prepared on site at the City's Nutrition Education Service Center. 5 Texas 20 Purchasing Cooperative row coRPus I CHRISTI Food & food-related supplies are directly purchased through vendors in the Texas 20 PARKS6 {iECREATICN Purchasing Cooperative's database. • Texas 20 utilizes a competitive solicitation process, ensuring agencies get best value pricing based on volume discounts, access to a greater variety of food products, readily available substitutes & a more rotational food schedule to enhance menu planning. • The food & food-related supplies to be purchased include meats, fruits, vegetables, bread, condiments, dairy, seasonings, paper goods, cleaning products, gloves, hairnets, and aprons. • Texas 20 uniquely satisfies all grant & program administration requirements and offer over 700 items that adhere to the nutritional guidelines established by various food-related grant programs. • There is no other entity that can meet all of these requirements. 6 Recommendation CHR RUEB CHRIS -ri PARK56 iiECREATION • Staff recommends approval of appropriating the select Parks & Recreation Grants and authorizing the purchase food/food-related supplies for the Senior Centers & Meals on Wheels Program. SC v AGENDA MEMORANDUM NORP00.P5 EO First Reading Ordinance for the City Council Meeting February 28, 2023 Ts52 Second Reading Ordinance for the City Council Meeting March 7, 2023 DATE: February 28, 2023 TO: Peter Zanoni, City Manager FROM: Kevin Smith, Director of Aviation Kevi n S4(a)cctexas.co m (361) 289-0171 Ordinance authorizing a One-Year Lease Agreement with ABM Aviation, for Terminal Offices at the Corpus Christi International Airport. CAPTION: Ordinance authorizing a one-year lease agreement with an option of five (5) additional twelve (12) month terms for renewal with ABM Aviation for two spaces inside the Airport Terminal building at the Corpus Christi International Airport (CCIA). SUMMARY: Staff request City Council authorize a one-year lease agreement with an option of five (5) additional twelve (12) month terms for renewal with ABC Aviation. The proposed lease agreement will be between the City of Corpus Christi and ABM Aviation, for terminal offices located at the CCIA. The initial term is for one year with a monthly rent of $1 ,240.33. The total annual cost equal: $14,883.96. ABM Aviation will be subject to any rate adjustments based on current and future terminal rate assessments. The lessee will occupy 165 square feet of office space within the terminal building. Annual Square Market Per Monthly Category Annual Cost Feet Square Cost Feet Office 1039.1 51.716 $90.43 $389.72 $4,76.68 Office 1077 112.875 $90.43 $850.61 $10,207.29 Totals 165 $1,240.33 $14,883.96 BACKGROUND AND FINDINGS: ABM Aviation operates in over 75 airports inside and outside of the United States and has operated at CCIA since 2002. ABM supports the airlines and their passengers by providing specialized customer service to patrons in need of additional assistance, such as those in need of wheelchair access and support. ABM staff escorts passengers throughout the terminal property by assisting them onto a wheelchair, pushing them through the complex, through the TSA security checkpoint, into the gate lounge, down the loading bridges, taking them to the restroom, helping with carry-on items, and into the airplane. Their services are heavily relied upon and used every day by the tenant airlines at CCIA. Approximately, sixteen (16) full-time employees work inside the terminal building. The company has contracted with each airline to provide services, and the fees for their service are paid by the airlines. Historically, ABM has not leased space inside the Terminal Building, but instead stored equipment in airlines' leased space. As airport activity increases and ABM's workforce grows, they have encountered a need for allocated storage space for equipment and operational space for personnel, to conduct interviews, take breaks, and administrative duties. ALTERNATIVES: City Council can choose to authorize the one-year lease agreement with (5) twelve (12) month terms for renewal or not authorize the one-year lease agreement. If the lease agreement is not authorized, ABM Aviation will continue to store equipment and materials in the leased space of their customers (the airlines) and continue to use public spaces to hold interviews and take breaks. However, as business continues to grow, ABM's use of these public spaces may have impacts on operations and overall customer experience. An alternate space would need to be identified. FISCAL IMPACT: The proposed new lease agreement will provide CCIA with a total annual rent revenue of $14,883.96 per year, with an annual two percent escalation clause for the duration of the lease. FUNDING DETAIL: Fund: 4610 Organization/Activity: 35000 Mission Element: 271 Project # (CIP Only): N/A Account: 320460 (Terminal Space Rental) RECOMMENDATION: City staff recommends approval of the one-year lease agreement. The Airport Board recommended approval of the lease agreement at their regularly scheduled meeting. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Agreement with Exhibits Ordinance authorizing a one-year lease agreement with an option of five (5) additional twelve (12) month terms for renewal with ABM Aviation for two spaces inside the Airport Terminal building at the Corpus Christi International Airport (CCIA). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTIJEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a one-year lease agreement with ABM Aviation, with an option for five (5) additional twelve-month terms for two offices located in the Corpus Christi International Airport Terminal Building. The lease is granted in consideration of monthly lease payments, insurance coverage and upkeep of the leased premises during the term of the lease agreement. SECTION 2. The lease agreement is effective upon approval of the City Council and execution by the City Manager, or his designee. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor LEASE AGREEMENT ABM Aviation Inc. This use and lease agreement ("Lease") is made by and between the City of Corpus Christi ("City"), acting by and through its City Manager or his designee ("City Manager"), and ABM Aviation ("Lessee"), a Texas limited liability company. WHEREAS, the City owns the Corpus Christi International Airport ("Airport") located in the city of Corpus Christi, Nueces County, Texas, and has authority to lease land and improvements at the Airport; WHEREAS, the Airport is managed by the Director of Aviation ("Aviation Director"); WHEREAS, the parties desire to enter into this Lease for land and improvements, to include the lease of officespace, hangar space, vehicle parking spaces, and aircraft parking spaces for the purpose of facilitating the provision of Lessee's aeronautical activities and the occasional use by the public of aircraft ramp space for a stated charge; and, NOW,THEREFORE, in consideration of the terms, conditions, and mutual covenants contained in this Lease, the City and Lessee agree as follows: Section 1. Premises. City leases to the Lessee a portion of the real property and existing improvements as depicted in the attached Exhibits A and B ("Premises"), such exhibits being incorporated by reference into this Lease as if fully set out here in their entireties, and which is physically located at the Corpus Christi International Airport Terminal Building, 1000 International Drive, Corpus Christi, Texas. The Premises includes the Terminal Offices marked Office 1039.1 and Office 1077 in the Airport Terminal Building ("Offices")which totals approximately 164.59 square feet and is further depicted in Exhibit B attached hereto and incorporated herein by reference. Section 2. Term. The term of the Lease commences upon final approval by the Corpus Christi City Council and execution by the City Manager or his designee ("Effective Date") and continues for a twelve (12) month period from the Effective Date ("Initial Term"), unless earlier terminated by one of the parties in accordance with this Agreement. This Lease will automatically renew each year on the Effective Date for up to five (5) additional twelve- month terms, unless terminated by one of the parties in accordance with this Agreement. Section 3. Rent. A. So long as Lessee continually uses the entire Premises solely for Lessee's aeronautical use, monthly rent for the Premises is as set out on Page 1 of Exhibit B, attached hereto and incorporated herein by reference. This rental rate may be adjusted as provided in accordance with Subsection C below. B. The initial monthly payment is due on the Effective Date of this Lease, and subsequent Lease payments are due on the first day of each month following the expiration of the initial month of the Lease. If the first day of a month falls on a Saturday, Sunday, or City holiday, the Lease payment is due the first business day following such closure. Lease payments must be mailed or delivered in person to the address shown in Section 26 of this Page 1 of 18 Lease on or before the due date. If Lessee fails to remit the Lease payment due by close of business on the 10th of the month, a late fee of$200 per such incident will be assessed and is payable by Lessee. Lessee may choose to pay the annual amount due for the initial term of the Lease or, upon a valid exercise, forany exercised renewal term period in advance at any time. Notwithstanding the Lease rates set out in Exhibit B, the Lease amounts are subject to adjustment under subsections C and D of this section. C. Lease rates for all Airport real properties have been updated for FY2022-23 for office and storage space and are detailed on Page 1 of Exhibit B attached hereto and incorporated herein by reference. The square footage lease rate shall be adjusted annually by a 2% increase on October 1 st of each fiscal year for the duration of the lease agreement. D. Fees and charges for miscellaneous items and services provided by the City including, but not limited to, employee badges, shall be assessed by the City in connection with ordinary usage of Airport facilities; such fees and charges are payable monthly in accordance with the provisions regarding the payment of rent in this section. E. All Lease payments, rentals, fees, and charges payable by Lessee to City under the terms of this Lease, whether or not expressly denominated as rent, shall constitute rent for all purposes including, but not limited to, purposes of the United States Bankruptcy Code. Section 4. City and Lessee Representatives. The Aviation Director is the City's representative to receive all rent, notices, and reports due under this Lease. The contact person for the Lessee is Jim Malone. Section 5. Use of Premises. A. Lessee shall have the right to use and occupy the Premises solely for the operation of Lessee's aeronautical operation (including office use), Lessee shall use the Premises for no other purpose without the prior written consent of the Aviation Director. B. Lessee may not use or occupy, permit the Premises to be used or occupied, nor do or permit anything to be done in, on, or at the Premises in a manner that would, in any way, void or make voidable any insurance then in force with respect to the Premises or operations at the sameor that would make it impossible to obtain the insurance required to be furnished by Lessee under this Lease. C. Lessee will not make any unlawful use of the Premises nor permit any unlawful use thereof and will not commit, or permit anyone else to commit, any act which is a nuisance or annoyance to the City or adjacent property owners or tenants, or which might, in City's sole judgment, appreciably damage City's goodwill or reputation or tend to injure or depreciate the value of the Premises or any improvements located thereon. Lessee will comply with all terms and conditions contained in the Minimum Standards adopted by the City, as may be amended from time to time. D. Lessee acknowledges and agrees that the City reserves the right to temporarily Page 2 of 18 use the Premises, at no cost to the City, as a pre- or post-emergency evacuation, storage, or operations facility if deemed necessary by the City Manager. The Lessee also agrees to allow the City to temporarily use the Premises for special events as may be requested in advance and in writing by the Aviation Director. E. City is not required to make any expenditure nor incur any obligation or liability of any kind whatsoever in connection with the financing, construction, maintenance, or repair of the Premises. F. If the Premises is partially damaged due to acts of God, fire, or other casualty to the extent that Lessee cannot use that portion of the Premises for its intended purpose, then, at Lessee's option, this Lease may be suspended or terminated until the damage is repaired. If the Lease is suspended, Lessee and City will mutually agree on a time period for Lessee to repair the damages to the Premises. If the Lease is terminated, the rent will be abated from the date of the casualty, provided, however, that Lessee must use its insurance proceeds to repair or replace the damaged Premises. Any remaining insurance proceeds after all repair costs have been expended and the Premises restored will be paid to Lessee. The City Manager is the sole judge of the extent of damage to the Premises. Section 6. Signs. Lessee may install City ordinance compliant signs on the Premises at its sole cost; provided, however, that the Lessee has obtained the Aviation Director's prior written consent as to the size, type, design and location of these signs or other corporate identification display, which consent shall not be unreasonably withheld or delayed. Section 7. Right to Amend. If the FAA or its successor agency requires modifications or amendments to this Lease as a condition precedent to the granting of funds to the City for Airport improvements, Lessee agrees to consent to the modifications or amendments to the Lease as may be reasonably required, provided, however, Lessee will not be required to pay any increased rent, change the use of the Premises, or accept a relocation or reduction in size of the Premises until Lessee and Airport have fully executed an amendment to this Lease that is mutually satisfactory to both parties regarding any terms or conditions of this Lease affected by said actions of the FAA. Section 8. Subordination to U.S./FAA Requirements; Nonexclusive Rights. This Lease is subordinate to the provisions of any existing or future agreement between the City, acting through the Airport, and the United States of America relating to the operation or maintenance of the Airport, where the execution of said agreement(s) is required as a condition to the expenditure of federal funds for the development of the Airport. If the effect of said agreement(s) with the United States, either under this Section 8 or under Section 7 above, is to remove any or all of the Premises from the control of Airport or to substantially destroy the value of the Premises, then this Lease shall terminate immediately without any further obligation on part of City to Lessee. It is understood and agreed that nothing contained in this Lease shall be construed to grant to Lessee any exclusive right or privilege within the meaning of Section 308 of the Federal Aviation Act, as amended, for the conduct of any activity on the Airport, except that, subject to the terms and provisions hereof, Lessee shall have the right to exclusive possession of the leased Premises. Section 9. Development of Improvements. Page 3 of 18 A. Lessee shall not construct improvements upon the Premises without the prior written approval of the Aviation Director and the City's Director of Engineering Services. Additional improvements may be subject to execution of an amendment to this Lease. Where required by law, approval of the City is subject to the concurrence of the FAA. Any additional improvements must substantially comply with the plans and specifications approved by the City and FAA, if applicable. B. If Lessee desires to make any modifications or to construct new improvements in, at, on, or to the Premises, Lessee may do so at its sole expense and in conformity with the requirements in this subsection and elsewhere in this Lease. Lessee must provide a written request to the Aviation Director in advance for written approval prior to any modification and/or construction work being performed along with a complete set of plans and specifications and the name of the contractor and subcontractors. Approval or disapproval will be provided in writing to Lessee by the Aviation Director within 30 calendar days of Lessee's full and complete submission. Upon approval, Lessee may be authorized to proceed with the improvements at Lessee's sole expense and risk, subject to compliance with any additional insurance, permitting, or other requirements necessary to be imposed on the project. The City reserves the right to have the Premises, or any portion thereof, returned to its original condition at the termination of this Lease, normal wear and tear excepted, at Lessee's sole expense. Before commencing any new improvement, modification, work, or equipment installation on the Premises, Lessee shall procure and maintain and shall require all contractors and subcontractors to procure and maintain insurance of the types and levels as determined by the City's Risk Manager. for the duration of the approved project. C. If Lessee's proposed development or improvements to the Leased Premises is approved by the Aviation Director and the City's Director of Engineering, the City will work with Lessee to study the existing infrastructure serving the Leased Premises. If additional infrastructure improvements need to be made to accommodate the new improvements, the City will provide sufficiently sized infrastructure up to the leased parcels at no cost to the Lessee including water, sewer, electricity, and storm drainage. D. ANY APPROVALS BY CITY UNDER THIS SECTION INCLUDING, BUT NOT LIMITED TO, APPROVALS OF PLANS AND SPECIFICATIONS, INSPECTION OF WORK, DESIGN, OR CONSTRUCTION ARE NOT TO BE CONSTRUED AS A REPRESENTATION, WARRANTY, OR STATEMENT AS TO THE QUALITY, SOUNDNESS, OR SAFETY OF THE DESIGN AND CONSTRUCTION OF ANY OF THE IMPROVEMENTS (INCLUDING, WITHOUT LIMITATION, THE EXISTING IMPROVEMENTS) OR FACILITIES RELATED THERETO. E. When required by the City, Lessee will furnish to the City two sets of complete plans and specifications for improvements, and no work will be done on said improvements without prior written approval of such plans by the City, acting through its Aviation Director and its Director of Engineering Services. F. Upon termination or expiration of this Lease, ownership of the improvements constructed by Lessee on the Premises reverts to the City free and clear of all liens, claims, and other encumbrances or adverse interest in the Premises or the Improvements located thereon. Page 4 of 18 Section 10. Lessee's Repair and Maintenance Obligations. A. Premises. Lessee, at its own expense, shall maintain the Premises and improvements in good appearance and in a condition no less than the equivalent condition as of the Effective Date. Lessee shall maintain all leasehold improvements on the Premises (including, without limitation: walls, partitions, floors, ceilings, windows, doors, and glass, and all furnishings, fixtures, and equipment therein). Lessee shall provide janitorial service and maintenance to keep the interior and exterior of the Premises and improvements in a clean, attractive, and sanitary condition at all times, including providing necessary pest control of the Premises either through regularly utilizing the services of a State-licensed pest control service or engaging in the self-administration of federally approved products to control all nature of pests, insects, and vermin. Lessee shall repair any and all damage caused to real and personal property of City occurring on the Premises as a result of the willful or negligent acts or omissions of Lessee, its officers, employees, agents, guests, or invitees in maintaining the Premises. B. Quality of Maintenance. It is the intent of the City and Lessee that the Premises and improvements will be repaired and maintained in a manner that shall keep the improvements in good repair, and in a condition so the Improvements will be usable at the end of the Lease. Lessee must comply with the maintenance obligations and with all applicable governmental laws, rules, or regulations. The Aviation Director is the sole judge of the quality of Lessee's maintenance, which must be reasonable and consistent with other properties. The Aviation Director may at any time, during City's normal business hours, upon prior written notice unless an emergency exists, enter upon the Premises to inspect and determine if the maintenance requirements of this Lease are being complied with by Lessee. The Aviation Director must notify Lessee in writing of any default in maintenance or repair. If the required maintenance or repair in the Aviation Director's notice to Lessee is not commenced within 10 business days after receipt of such written notice, or is not diligently prosecuted to completion, the Aviation Director may,but is not obligated to do so, enter upon the Premises and perform the subject maintenance or repair. Lessee agrees to reimburse the Airport for its cost plus a 15% administrative fee within 30 days after the Aviation Director's written demand therefore, together with copies of all paid receipts for such repairs and maintenance. Lessee will develop, within 30 days of execution of this Lease, a preventative maintenance plan regarding the improvements and provide a copy to the Aviation Director. C. Correct Hazards. Lessee must immediately corrector cause to be corrected any hazardous or potentially hazardous condition on the Premises upon knowledge thereof, or after receipt of notice from the Aviation Director. At the Aviation Director's reasonable discretion, the operations in the Premises, or affected portion of the Premises, may be restrained or stopped until the hazardous or potentially hazardous condition is removed or corrected. Section 11. Security. A. Lessee, its officers, employees, agents, contractors, and invitees must comply at all times with all applicable federal and local security regulations, as the same may be amended. To the extent allowed bylaw, Lessee covenants to indemnify and hold harmless City, its officers, and employees from any charges, fines, or penalties that may be assessed or levied by the FAA or Page 5 of 18 Transportation Security Administration by reason of the negligent or intentional failure of Lessee, its officers, employees, agents, contractors, or invitees to comply with security regulations, regardless of whetherthe fine, charge, or penalty is levied against the City or the Lessee. B. Lessee is responsible for obtaining and providing its own security of the Premises, including security guard service, installation and operation of surveillance cameras, and daily security of its facilities. The Aviation Director, or his authorized designee, will grant security access to gates and facilities as needed. Lessee is responsible for identifying and communicating which of Lessee's personnel need to be granted access and/or have such granted access revoked. Section 12. 14 CFR Part 77 Requirements. Lessee covenants to comply with the notification and review requirements set out in Part 77 of the FAA Regulations (14 CFR Part 77), as amended, if Lessee plans to construct or modify any structure, antenna, or building located on the Premises or to be constructed on the Premises as an Improvement. Section 13. Control of Structures. Lessee shall not erect nor permit the erection of any structure, antenna, or building, nor permit the growth of any tree on the Premises, which has its highest point above a mean sea level elevation established by FAA and the City as a height limitation on said structure, antenna, building, or object. The City may enter the Premises and remove the encroaching structure, antenna, building, or object without notice and at Lessee's expense plus an additional administrative charge of fifteen percent (15%). Section 14. Hazardous Substances and Materials. A. For the purposes of this Lease, "hazardous substance or material" means and refers to one or more of the following: 1) Asbestos; 2) Any substance, material or waste defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act(42 U.S.C. Section 6901, et. seq.); 3) Any substance, material or waste defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. Section 9601, et. seq.); 4) Any substance, material or waste defined as a "regulated substance" pursuant to Subchapter IX of the Solid Waste Disposal Act (42 U.S.C. Section 6991, et. seq.); and 5) Any substance, material or waste which is reasonably considered by the City to pose an actual or potential threat to persons or property in, around, or on the Premises. B. Lessee shall comply with all environmental laws, rules, regulations, orders and permits applicable to the use of the Premises and improvements including, but not limited to, required National Pollutant Discharge Elimination System Permits and all applicable laws relating to the use, storage, generation, treatment, transportation, or disposal of hazardous Page 6 of 18 or regulated substances. Except for the hazardous substances governed by and transported in full compliance with the transportation laws of the state or federal government, Lessee must not knowingly use, store, generate, treat, transport, or dispose of any hazardous or regulated substances, materials, or waste on or near the Premises without the Aviation Director's prior written approval and without first obtaining all required permits and approvals from all authorities having jurisdiction over the operations conducted on the Premises. C. If Lessee determines that a threat to the environment including, but not limited to, a release, discharge, spill or deposit of a hazardous substance or regulated substance has occurred or is occurring which affects or threatens to affect the Premises or the persons, structures, equipment, or other property upon the Premises or the Airport, Lessee must immediately notify by oral report in person or by telephone, to be promptly confirmed in writing, the Aviation Director as required by law or regulation. Lessee must cooperate fully with the Aviation Director in promptly responding to, reporting, and remedying a threat to the environment including, without limitation, a release or threat of release of a hazardous or regulated substance into the drainage system, soil, ground or surface water, waters, or atmosphere in accordance with applicable law or as authorized or approved by any federal, state, or local agency having authority over environmental matters. D. Lessee shall keep a readily accessible file of Materials Safety Data ("MSD") for each hazardous material or substance on the Premises or transported, in accordance with federal and state transportation laws, which file must be posted and immediately available to any Airport employee who responds to a report of a discharge of a hazardous substance or material on the Premises. E. Lessee will cause prompt remediation and the payment of all costs associated with any action or inaction of Lessee that directly or indirectly prevents the City, acting through the Airport, from materially conforming to all then applicable environmental laws, rules, regulations, orders, or permits relating to the Premises. The rights and obligations set forth in this section shall survive the expiration or earlier termination of this Lease. F. Lessee shall furnish to the Aviation Director, within five business days of receipt by Lessee, copies of any and all notices or correspondence directed to Lessee or any other party at the Premises from any governmental entity, other entity, or person indicating a violation or possible violation of any laws, rules, or regulations including, without limitation, any law, rule, or regulation regarding hazardous materials or substances (as such term is defined in this Lease). Section 15. Nondiscrimination/Affirmative Action. A. Nondiscrimination-General. Lessee for itself, and as a requirement for any sublessee, their personal representatives, successors in interest, and assigns, as a part of the consideration hereof covenants that: (1) no person on the grounds of race, creed, color, religion, sex, age, national origin, handicap, or political belief or affiliation will be excluded from participation in, denied the benefits of or otherwise be subjected to discrimination in the use of the Premises; (2) in the construction of any improvements on, over, or under the Premises and the furnishing of services thereon, no person on the grounds of race, color, Page 7 of 18 religion, sex, age, national origin, handicap, or political belief or affiliation will be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination; (3) Lessee will cause to the best of its ability the Premises and Improvements to be in compliance with all other requirements imposed by or pursuant to 14 CFR Part 152, Subpart E Non Discrimination in Aid Program and Title VI of the Civil Rights Act of 1964 and 49 CFR, Subtitle A, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Title and Regulations may be amended, and with other applicable state or federal laws or regulations, as amended. B. Nondiscrimination-Business Owner. This agreement is subject to the requirements of the U.S. Department of Transportation's regulations, 49 CFR Part 23. The concessionaire or contractor (Lessee) agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connection with the award or performance of any concession agreement, management contract, or subcontract, purchase or lease agreement, or other agreement covered by 49 CFR Part 23. The concessionaire or contractor (Lessee) agrees to include the above statements in any subsequent concession agreement or contract covered by 49 CFR Part 23 that it enters and causes those businesses to similarly include the statements in further agreements. C. Remedy for Breach. If the Lessee is found by a final verdict of a court of competent jurisdiction to have deliberately breached a non-discrimination covenant, or to have permitted any sublessee to deliberately breach a non-discrimination covenant, the City may immediately enforce the remedies directed by the Court's decision, which may include the City's right to reenter the Premises, retake possession thereof, and terminate the Lease. This provision is not effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are completed, including exercise of any rights to appeal. D. Affirmative Action. Lessee shall cause to be implemented an affirmative action program as required by 14 CFR Part 152, Subpart E, to provide (i) that no person on the grounds of race, creed, color, religion, sex, age, national origin, handicap, or political belief or affiliation is excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E; (ii) that no person will be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by that subpart; (iii) that third parties otherwise retained by Lessee shall provide similar assurances to Lessee to undertake affirmative action programs and to require assurances from their sub- organizations, as required by 14 CFR Part 152, Subpart E. Lessee, at no expense to the City, shall comply with any applicable requirements of the Americans with Disabilities (ADA) as it may be amended, with respect to the Premises and its improvements. Section 16. Compliance with Laws. A. General. Lessee covenants to promptly observe, comply with and execute, and shall cause any sublessee to promptly observe, comply with and execute, the provisions of any and all present and future governmental laws, ordinances, rules, regulations, requirements, orders and directions applicable to the use and occupancy of the Premises. A material breach of this covenant, which is not remedied within any permitted cure period, may be cause for City's exercising its rights under the Lease. During any period of Lessee's good faith challenge to any such laws, ordinances, rules, regulations, requirements, orders and directions in a court of competent jurisdiction, Lessee's inaction shall not be deemed a breach of this Lease. Page 8 of 18 B. Federal. Lessee shall comply and shall require any sublessee to comply with all applicable federal laws, rules, and regulations including, without limitation, the Drug Free Workplace Act, the Violence in the Workplace Act, the Americans with Disabilities Act, and any other acts the U.S. Congress passes that apply to the uses and operations at the Premises. C. State and Local. Lessee shall comply with all applicable laws, rules, and regulations of the State of Texas. Lessee shall also comply with all applicable City ordinances, and rules and regulations promulgated by the Aviation Director. Section 17. Acceptance of Premises Disclaimer. LESSEE ACKNOWLEDGES THAT IT IS LEASING THE PREMISES "AS IS" WITH ALL FAULTS INCLUDING, BUT NOT LIMITED TO, ANY AND ALL POLLUTANTS, ASBESTOS, UNDERGROUND STORAGE TANKS, AND ANY OTHER HAZARDOUS MATERIALS AS MAY EXIST ON THE PREMISES AND THAT NEITHER CITY NOR ANY EMPLOYEE OR AGENT OF CITY HAS MADE ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF SUCH PREMISES. LESSEE ACKNOWLEDGES AND AGREES THAT LESSEE HAS BEEN PROVIDED, TO ITS SATISFACTION, THE OPPORTUNITY TO INSPECT THE PREMISES FOR ANY DEFECTS AS TO THE SUITABILITY OF SUCH PROPERTY FOR THE PURPOSE TO WHICH LESSEE INTENDS TO PUT THE PREMISES AND IS RELYING ON ITS OWN INSPECTION. THIS LEASE IS SUBJECT TO ALL COVENANTS, EASEMENTS, RESERVATIONS, RESTRICTIONS, AND OTHER MATTERS OF RECORD AND NOT OF RECORD APPLICABLE TO THE PREMISES. Section 18. Fiscal Year. By execution of this Lease, Lessee acknowledges that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on September 30 annually, is subject to budget approval and sufficient appropriations by the City Council for such contract item as an expenditure in the next fiscal budget. The City does not represent nor warrant to Lessee that a budget item providing for this Lease in any future fiscal budget will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each fiscal budget. Section 19. City's Obligations. A. City agrees to operate the Corpus Christi International Airport as a public airport during the term of this Lease, subject to the assurances given by the City to the United States Government. B. In exchange for Lessee's promise to maintain the Premises, the City agrees to make water and wastewater services available to the Premises property line on the same basis as it is made available to all businesses operating at the Airport. Lessee must procure and pay for all utility usage, such as gas, wastewater, cable, Internet, and telephone Page 9 of 18 charges, that are supplied to the Premises during the term of the Lease as the charges become due and payable. Lessee shall also pay any and all connection fees and additional costs related to utility metering, maintenance, and repair. IN NO EVENT WILL THE CITY BE LIABLE FOR ANY INTERRUPTION OR FAILURE IN THE SUPPLYING OF ANY UTILITIES TO THE PREMISES, INCLUDING THOSE WHICH THE CITY HASAGREED TO FURNISH. C. The City shall provide reasonable notice if ingress and egress to the Premises will be interrupted due to maintenance. If City causes Lessee's ingress or egress to be interrupted for more than 24 hours, the City will consider rent reduction for days of non-use. Section 20. Insurance. Lessee must provide insurance in the amounts and types of coverages required by the City's Risk Manager or the Risk Manager's designee ("Risk Manager") as are set out in the attached Exhibit C, the content of which is incorporated into this Lease as if set out herein in its entirety. Lessee must cause certificate(s) of insurance to be provided to the Aviation Director and Risk Manager not less than 30 days prior to the annual anniversary date of the Effective Date of this Lease. The Risk Manager will annually assess the level and types of insurance required by the Lessee. The Risk Manager may increase or decrease the level or types of insurance by giving Lessee notice not less than 60 days prior to the annual anniversary date of the Effective Date of the Lease. Lessee shall have 30 days to procure the changed insurance and provide written proof of insurance to the Aviation Director and Risk Manager. Section 21. Indemnification. A. LESSEE SHALL INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (COLLECTIVELY, "INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, LIENS, JUDGMENTS, FINES, PENALTIES, AWARDS, LAWSUITS, CAUSES OF ACTION, AND EXPENSES OF ANY NATURE WHATSOEVER INCLUDING, BUT NOT LIMITED TO, STRICT LIABILITY CLAIMS AND ALL EXPENSES OF LITIGATION (INCLUDING MEDIATION AND ARBITRATION), COURT COSTS, REASONABLE ATTORNEYS' FEES, AND EXPERT WITNESS FEES, ON ACCOUNT OF PERSONAL INJURIES (INCLUDING WORKERS' COMPENSATION AND DEATH CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF DAMAGES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS LEASE OR THE PERFORMANCE OF THIS LEASE, REGARDLESS OF WHETHER THE INJURIES, DEATH, OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR PARTY. LESSEE MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND Page 10 of 18 ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM OR OUT OF ANY OF SAID LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, CAUSES OF ACTION, OR DAMAGES. THE INDEMNIFICATION OBLIGATIONS OF LESSEE UNDER THIS SECTION SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. B. Notice of Claim or Action. Notwithstanding the above indemnifications, Lessee must give the Aviation Director and Risk Manager written notice of any accident or other matter covered under this section and forward to the Aviation Director and Risk Manager copies of every notice, demand, claim, summons, or other process communication received within 30 days of Lessee's receipt of same. C. Notice by Indemnitees. The foregoing indemnity is conditioned upon Indemnitees providing notice to Lessee within sixty (60) days after Indemnitees receive notice of any claim or occurrence that is likely to give rise to any claim or the like that will fall within the scope of the foregoing indemnity and cooperating with Lessee in any defense or settlement of such claim or liability. Section 22. Assignment; Sublease. A. Lessee shall not assign this Lease or sublease the Premises or any part thereof or mortgage, pledge, or hypothecate its leasehold interest, or grant any concession or license within the Premises without the express prior written consent of the City, such consent being within the sole discretion of the City, and any attempt to do any of the foregoing shall be void and of no effect. In the event of any such assignment or sublease, attempted assignment or sublease, or should Lessee, in any other nature of transaction, allow or attempt to allow anyone to occupy the Premises or any portion thereof, City shall upon such occurrence have the right and option to terminate and cancel this Lease effective upon 10 days written notice to Lessee given by City at any time thereafter, and City may terminate and cancel either as to the entire Premises or as to only the portion thereof which Lessee assigned, subleased, attempted to assign or sublease, or otherwise allowed some other party's occupancy. Lessee shall be liable for payment of the fair market value of rents for the portion of the Premises used without consent of the City, such fair market value to be determined by resort and review of the Airport's current property appraisal report. In the event the City elects to terminate this Lease as to the aforesaid portion of the Premises, then the rent as to the remainder of the Premises may thereafter be reduced as appropriate and as determined by the City. This prohibition against assigning, subletting, attempting to assign or sublet, and allowing or attempting to allow occupancy by another without the City's consent is to be construed to include a prohibition against any assignment, subletting, or occupancy by operation of law. B. In any event where the City consents to a sublease of the leasehold, Lessee will remain liable for the performance of all terms, conditions, covenants, duties, and obligations of this Lease including, without limitation, the obligation to pay any and all sums required by this Lease to be paid and faithful adherence and performance of all indemnity provisions Page 11 of 18 provided in this Lease, unless and until Lessee has been released from such liability in writing by the City Council. C. Notwithstanding the prohibitions against subleasing the Premises contained in this Section 22, the parties acknowledge and agree the Lessee may enter into a single sublease for a portion of the Premises with an entity who previously occupied shared space in EGA H-2 prior to the initiation of this Lease. Lessee, upon execution of this Lease, may sublease such space to the previous occupying party only if the following information is provided to the Aviation Director: the identity of the sublessee including contact information, the area or space to be subleased in sufficient detail to define such space, the type of business conducted, and all other relevant information requested by the Aviation Director; and further conditioned on: (i) a sublease term period equal to or less than the length of Lessee's initial term and renewal terms, if any, pursuant to this Lease; (ii) the sublease agreement is subordinate to all terms, conditions, covenants, and requirements of this Lease without exception, to include adherence by such sublessee to all laws, rules, and regulations of the federal, State, City, and Airport to the same extent as adherence by Lessee; and (iii) the subleased space is expressly subject to not being further sublet nor assigned to any other party. The Lessee shall provide the Aviation Director with a copy of the sublease agreement and all documents collateral thereto such sublease. D. The City Council may, during any term of this Lease, assign this Lease without consent of the Lessee. In the event the City takes steps to finalize an assignment of this Lease, Lessee will be provided with advance written notice of the assignment not less than 30 days prior to the effective date of an assignment. Any such assignment by the City is deemed to include the single sublease entered into by Lessee pursuant to subsection C above. Section 23. Termination. A. Termination by Lessee. Without limiting any other rights and remedies to which Lessee may be entitled by common law, statutory law, or as elsewhere provided in this Lease, this Lease may be terminated by Lessee (i) by providing written notice as specified in Section 26 within 60 days of the annual anniversary date of the Effective Date or (ii) at any time upon the occurrence of one or more of the following events: 1) The City's permanent abandonment of the Airport; 2) The lawful assumption by the U.S. Government, or any authorized agency thereof, of the operation, control, or use of the Airport, or of any substantial part or parts thereof, which substantially restricts the Lessee from operating at the Premises for a minimum of 180 calendar days; 3) The issuance by any court of competent jurisdiction of an injunction that prevents or restrains the use of the Airport or the Premises that continues for at least 180 days; or 4) The default by the City in the performance of any covenant or obligation to be performed by the City and such failure to remedy the default continues for a period in excess of 60 days after receipt from Lessee of written notice to remedy the same. Page 12 of 18 B. Termination by City. Without limiting any other rights and remedies to which City may be entitled at common law, statutory law, or as elsewhere provided in this Lease, this Lease may be terminated by the City if Lessee: 1) Is in arrears in paying the rent, fees, or other charges due under the Lease for 10 business days after written notice; 2) Becomes insolvent; takes the benefit of any present or future insolvency statute; makes a general assignment for the benefit of creditors; files a voluntary petition in bankruptcy or a petition or answer seeking a reorganization or the readjustment of its indebtedness under the federal bankruptcy laws or under any other law or statute of the United States or of any state thereof; or consents to the appointment of a receiver, trustee, or liquidator of all or substantially all of its property; 3) Has a petition filed under any part of the federal bankruptcy laws, or an action sought under any present or future insolvency law or statute, against Lessee and which is not dismissed within 30 days after the filing date; 4) Abandons the Premises ["abandon" means failing to use the Premises for aeronautical activities and services as defined in current FAA Order 5190.613 FAA Airport Compliance Manual] for a period in excess of 90 days; or 5) Otherwise defaults in the performance of any of other material covenant of this Lease and continues the default for 30 days, or such other time as may be provided herein, after receipt of written notice from the Aviation Director of the default. If the default cannot reasonably be cured within said 30 days or within any other time as set out in the notice of default, Lessee shall not be deemed in default if Lessee commences the remedy process within the applicable period and thereafter diligently prosecutes the same to completion within a reasonable time period as agreed to by the Aviation Director; otherwise, Lessee will be determined to be in default. C. Termination by City for Convenience- City may terminate this Lease Agreement at anytime for convenience upon giving Lessee sixty (60) days' notice. Any rent that has been paid in advance by Lessee shall be reimbursed in the event the City terminates for convenience. D. City's Right to Entry upon Termination. If the Lease is terminated, the City may enter upon the Premises. In the event of termination, the Aviation Director may enter onto the Premises to remove any and all persons or property from the Premises and place any property in storage for the account of and at the expense of Lessee. Excluding personal property provided at the Premises by the City which forms part of the granted use under this Lease, all personal property on the Premises is hereby subjected to a contractual landlord's lien to secure payment of delinquent rent and other sums due and unpaid under this Lease, any and all exemption laws are hereby expressly waived in favor of said landlord's lien; and it is agreed that said landlord's lien is not a waiver of any statutory or other lien given, or which may be given, to City but is in addition thereto. In the case of termination by either party, if Lessee fails to remove any of its furniture, fixtures, equipment, or other personal property from the Prem ises within 10 days following the termination of this Lease, Aviation Director may, at his option, take title to said personal property, remove the same, and sell the property found on the Page 13 of 18 Premises at a public or private sale with proceeds of the sale applied first to the cost of the sale, then to the cost of storage of the property, if any, and then to the indebtedness of Lessee, with the surplus, if any, to be mailed to Lessee at the address herein designated. To the extent allowed by law, Lessee further agrees to hold harmless and indemnify City, including its officers, agents, and employees, against, from any loss or damage or claim arising out of City's action in collecting monies owed to it under this paragraph, except for any loss, damage, or claim caused by the gross negligence or willful misconduct of City or its employees. E. Notice of Termination. If an event a material default occurs, and after due written notice identifying the default, the defaulting party has failed to cure or failed to commence to cure, the complaining party may at any time after the expiration of any such cure period terminate this Lease by providing written notice of termination to the defaulting party. The Lease will be terminated on the date specified in the notice but not sooner than 10 business days after the postmarked date of the notice. F. Improvements Revert to City. Exceptforthe right of Lessee to remove personal property at the expiration of the Lease, ownership of all improvements placed or constructed on the Premises by Lessee revert to the City upon the expiration or earlier termination of this Lease. Section 24. Re-delivery of Premises. Upon the expiration or earlier termination of this Lease, Lessee shall deliver the Premises to the City peaceably, quietly, and in as good condition as the same now are or may be hereafter improved by Lessee or City, normal use and wear excepted. Section 25. Holdover. Upon the Aviation Director's advance written consent, any holding over by Lessee of the Premises after the expiration of this Lease, or the then-applicable renewal period of this Lease, will be as a month-to-month tenancy at sufferance not to exceed six months, upon all the terms and conditions set out in this Lease, except that rent shall be paid to the City by Lessee at 125% of the then-current rental rate in effect, and the Premises remains subject to surrender by the Lessee upon 30 days' prior written notice from the City, acting through the Aviation Director. It is expressly agreed that acceptance by the City of any holdover monthly rental payment under this Lease shall not operate to give Lessee any right to remain in possession beyond the period for which such amount has been paid nor shall it constitute a waiver by the City of its right to immediate possession thereafter, forwhich Lessee shall not fail or refuse to surrender possession. Section 26. Notices. A. With the exception of notices to be provided to the City under the hazardous materials/substances provision of Section 17 and the indemnification provisions of Section 21 of this Lease, all notices required to be sent under this Lease are deemed sufficient if in writing and sent by certified mail, return receipt requested, postage prepaid, or by overnight delivery service with proof of delivery, or delivered in person, and properly addressed as indicated below: Page 14 of 18 If to City: Director of Aviation Corpus Christi International Airport 1000 International Drive Corpus Christi, TX 78406 With a copy to: City Attorney's Office P.O. Box 9277 Corpus Christi, Texas 78469-9277 If to Lessee: ABM Industry Groups, LLC One Liberty Plaza, 7th Floor New York, NY 10006 Attn: Real Estate Director with a copy to: ABM Aviation, Inc. 2020 Westridge Drive Irving, TX 75038 and an email copy to leganotice@abm.com B. Either party may change the address to which notice must be addressed under this section by providing the other party with notice of the new address via any of the methods set out in this section. Section 27. Disclosure of Interest; Form 1295. A. The City's Code of Ordinances, Section 2-349, as amended, requires all persons seeking to do business with the City to complete and provide a "Disclosure of Interest" form of the type attached to this Lease as Exhibit D. The content of the completed Exhibit D by Lessee is incorporated into this Lease by reference as if fully set out in this section. Lessee is obligated to provide an updated Disclosure of Interest should any information submitted in Exhibit D and incorporated into this Lease by reference change during the pendency of this Lease for approval by the City Council and prior to the City's execution of the same. B. Additionally, Lessee agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and complete Form 1295 "Certificate of Interested Parties" as part of this Agreement, if so required by Texas law. Section 28. General Provisions. A. Mineral Rights. The City expressly reserves all water, gas, oil, and mineral rights in and under the soil beneath the Premises in which it holds an interest and further reserves the right to conduct and/or provide for testing and removal of any such City-owned water, gas, oil, or minerals from the Premises. B. No Waiver of Forfeiture; Cumulative Remedies. Any failure or neglect of the City or Lessee at any time to declare a forfeiture of this Lease for any breach or default Page 15 of 18 whatsoever does not waive City's or Lessee's right thereafter to declare a forfeiture for the same or a succeeding breach or default. The failure of either party ever to insist upon the strict performance of any covenant of this Lease, or to exercise any option contained in this Lease, shall not be construed as its future waiver or relinquishment thereof. City's receipt of rent and fee payments from Lessee, with knowledge of the breach of any covenant of this Lease, shall not be deemed a waiver of such breach. Furthermore, the specific remedies of the parties under this Lease are cumulative and do not exclude any other remedies to which they may be lawfully entitled, in the event of a breach or threatened breach of this Lease. C. Force Majeure. Neither City nor Lessee will be deemed to be in breach of this Lease if either is prevented from performing any of its obligations under this Lease by reason of force majeure. "Force Majeure" for the purposes of this Lease means any prevention, delay, or stoppage due to strikes, lockouts, labor disputes, acts of God to include severe inclement weather and sustained periods of rain or snow, civil commotion, fire or other casualty, and other causes beyond the reasonable control of the party obligated to perform and claiming the force majeure. All of the foregoing events excuse the performance by either party for a period equal to any prevention, delay, or stoppage, including the obligations imposed with regard to commencement or payment of rental and other charges to be paid by Lessee pursuant to this Lease and the obligation of City to deliver the Premises. D. Rules and Regulations. Lessor has adopted minimum operational standards ("Minimum Standards") and may adopt any rules and regulations ("Rules and Regulations"), necessary which shall govern Lessee in the use of the Premises and all common facilities, a copy of each of which has been furnished to the Lessee and are incorporated by reference as if set out here in their entireties. Lessee agrees to comply fully at all times with these governing documents. Lessor, in its sole discretion, shall have the right to amend, modify, and alter the Minimum Standards and any Rules and Regulations from time to time in a reasonable manner and may introduce other regulations as deemed necessary for the purpose of assuring the safety, welfare, convenience, and protection of property of Lessor, Lessee, and all other tenants and customers of the Airport; provided, however, that Lessor shall give Lessee reasonable advance notice of any such amendments, modifications, or alternations of the Minimum Standards and Rules and Regulations. E. Venue. Venue for any action brought under this Lease lies in Nueces County, Texas, where the Lease was executed and will be performed. F. No Third-Party Benefit; Relationship of Parties. No provision of this Lease creates a third-party claim against the City nor the Lessee beyond that which may legally exist in the absence of any such provision. Nothing contained in this Lease shall be deemed or construed by the parties hereto, or by any third party, as creating the relationship of principal and agent, partners, joint venturers, or any similar such relationship between the parties to this Lease. It is understood and agreed that neither the method of computation or rent, charges, or fees, nor of any other provision contained in this Lease, nor any acts of the parties hereto, creates a relationship other than one of lessor and lessee or of landlord and tenant. G. Permits, Licenses, and Taxes. Lessee shall procure all permits and licenses needed for the conduct of its business and operations at the Airport pursuant to this Lease; shall pay, on or before their respective due dates, all charges, fees, and taxes including, but Page 16 of 18 not limited to, payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Internal Revenue Circular E "Employer's Tax Guide," Publication 15, as it may be amended, as well as all federal, State, and local taxes; and shall give all notices and respond to all communications that are necessary and incident to the due and lawful conduct of business at and occupancy of the Premises by Lessee. Lessee shall provide proof of payment of any tax within 10 days after the City Manager's written request for the same. Lessee shall also maintain and provide to the Aviation Director, upon request, current status of all federal, State, and local licenses and permits required for its operation and business in any way related to the Premises. H. Trash and Refuse. Lessee must arrange for the collection and lawful disposal of all trash and other refuse resulting from operations on the Premises; must provide and use suitable receptacles approved by the Aviation Director for all trash and other refuse generated by the use of the Premises; must prohibit the piling of boxes, barrels, or other similar items in or within view from a public area; and must pay, or cause to be paid, the costs associated with trash removal and disposal. I. Delegation. Any obligations of the Lessee required by this Lease may be delegated to any approved sublessee by the terms of the sublease agreement between the parties, provided, however, that any such delegation shall not relieve Lessee of its liability, responsibilities, and obligations under this Lease. J. Liens. Lessee shall not suffer nor permit any mechanics', materialman's', or other liens to be filed against the fee of the Premises or against Lessee's leasehold interest in the land, buildings, or improvements thereon by reason of any work, labor, services, or materials supplied, or claimed to have been supplied, to Lessee or to anyone holding the Premises, or any part thereof, through or under this Lease. Should any such lien be recorded against the Premises, Lessee shall cause the same to be discharged and removed. K. Amendments. This Lease, together with its authorizing ordinance, constitutes the entire agreement between the parties. No amendment, modification, or alteration of the terms and conditions of this Lease shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by authorized parties as this Lease or the City's City Charter may allow. L. Severability. If any clause or provision of this Lease is held illegal, invalid, or unenforceable under present or future laws, it is the parties' intention that the remainder of this Lease not be affected, and, in lieu of each clause or provision that is illegal, invalid, or unenforceable, the parties intend that there be added, as a part of this Lease, a clause or provision as similar in terms to such illegal, invalid, or unenforceable clause or provision, as may be possible, yet be legal, valid, and enforceable. M. Captions. The captions of the provisions contained in this Lease document are for convenience of reference and are not intended to define, extend, or limit the scope of any provision of this Lease. N. Publication. Lessee must pay all newspaper publication costs, if any, for this Lease as required by the City Charter. Page 17 of 18 EXECUTED IN DUPLICATE ORIGINALS on the dates indicated below. CITY OF CORPUS CHRISTI ABM AVIATION, INC. J.�,n A�(F 1 CST) Nadia Chandler-Hardy By:John Alford Assistant City Manager Title:vice President Date: Date: February 6, 2023 ATTEST: Rebecca Huerta City Secretary Approved as to form: Assistant City Attorney for Miles Risley, City Attorney ATTACHED AND INCORPORATED BY REFERENCE: Exhibit A— Corpus Christi International Airport (Aerial) Exhibit B — Premises (Drawing) Exhibit C — Insurance Requirements Exhibit D — Disclosure of Interest Page 18 of 18 C t N m E N E CO :3 c a U � � CL Elm � Y T iv t � L i `o n ' I' , ' m - _ a r r„ fly W a 0 p W 7. co� - 1 C �' • x !, ti' � Q c7 m z C 4 ' L CJ u O ! L v y V : � a `o- i `o W 3 z _ T d � U cli co E co L U) LU C) 'g- U- -0 -0 aj Q) > 0 m CL CL 01F Q) CL m L < M jqw o 0 24 CU DRi A]z U) fit (D $0C, 1�7 r ---------- Eli I IN cn E ON LU i q4r (ILL LU 'VE-4 0 UJ co U) Ile LA N LU X0 Lu — 00 CT) %D 0I-q r� a� co L) m < 0 00 m lD r4 00 C N -4 m LJ m ol 41 CT) 0 0 4� IA 00 Ln :T C 0 oo m0 u 0 w 4-j 01 :3 +1 (3) G) r ci -Lr)- wQ (.n L) 7FJ r- § 01CL 41 rl� C� :3 0) -1 r%j cr LL Lr) r-i L I- vi # pi 0 fu b 0 21 tio ro r- 0 CD z L u cu (Ii 0 0 �EJ I C L CV E ) o tet I co-.. N W Q Q O W I I ` O 2 r ru c _ = Z LU U) C_ `- ai W O W O J N CO X I I N 0- �-+ W r W Q J 0 W �+.,�� I L C. r9 Q W J Q J O d Q 0 w = w O 3 3 F w Ir w0 o ¢ a w �W w z 0 0 O , wU z r z W N N W Oz = ? W r o r > a: r U u z Z Z cn rziw0 w = a� W z0u. W civ a� TC J CC O U O L Cf) a LL z J QEr LL p _. w uj O 0W W O Q J W L 2 2 J LLJ Q Q co 4Q� U d J W r U) O C z G W cr CL 0 W CO U) o F- LUz `m = z E a� x W 0 S Ho 0 N N O Q 03 S CL G Q A m E Q F I y A O � 1 I (D C coLi \1d � W C CV U (f) p a r a U p O CJ7 C O y O z Vol W V 41 }/ L 7 N O .L a Q N O o C °- tr` = o C: ` O v N J 4� a � U O 111 T c N T t: d t � U C L (v (6 O E VJ (V � C V L > T ca C W O w < a O x w r I x rJl Z O �r m I z X Z Q J O W > w Q J 1 4 J O ¢ = O W w w p 1 w w r O w l v > I O ¢ o w rw- r Z O O I O a x O z r x QQ v 1 ~ O W x ? w w Q B Z ? a Q 0 i 1I w En- w 'w � z0w , U �U CLLWw < n c� 1 7 w r O Z to LL o Zi cn Q O 0 Q � a O w Cl) w O o 1 W � J w 2 2_ (¢VJ Z J W W ~ O p N Q Q ¢7 V CL J L U) O 1 z 1 I cn LU � VJ C �W/ //L..��L LIQ W j L CO U H W = Z C:) x O c� w O o C'�^ Cllr, N \J 3! O _ N N Q U O Lo g R m E Q v N \\ A N C C r `o a N � a Co m � c o `w v o c z r c �\ w \ v i m CV Ln p L d \-Tr .0 Q =A L) 1 C a i u Laic, I L i U ac, 0 I 0 I ----------\---- --\----- ---- I � W r y�i T 44 � d N U EXHIBIT C INSURANCE REQUIREMENTS L LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Lessee must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Commercial General Liability Including: $1,000,000 Per Occurrence 1. Commercial Broad Form 2. Premises—Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury Required ® Not Required ❑ PERSONAL PROPERTY INSURANCE Lessee, at their own expense, shall be responsible for insuring all owned, leased or rented personal property. Required ® Not Required ❑ Subcontractors Lessee shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Lessee shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. (As Applicable, Contingent on Final Risk Review) Required ® Not Required ❑ C. In the event of accidents of any kind related to this agreement, Lessee 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, Lessee 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 Lessee will be promptly met. B. Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee'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. Lessee 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. Lessee 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. Lessee 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, Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee'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 Lessee'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 Lessee to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Lessee'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. 2022 Insurance Require►vents Exhibit Contracts for General Services Performed Onsite—ABM Aviation 08/02/2022 Risk Management—Legal Dept. ogyUS Cko_ owu EXHIBIT D: DISCLOSURE OF INTEREST FORM U CITY OF CORPUS CHRISTI h: 18°52° DISCLOSURE OF INTEREST Corpus Christi Code § 2-349, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See next page for Filing Requirements, COMPANY NAME: a P. O. BOX: STREET ADDRESS' r �� CITY: STATE: l� ZIP: FIRM IS: 1. Cor oration 2.Partnership 3.Sole Owner ❑ 4. Association 5.Other ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant Page 1 of 2 RFQ Revised 4.19.2019 FILING REQUIREMENTS If a person who requests official action on a matter knows which the requested action will confer an economic benefit on any City official or employee which is distinguishable from the effect which the action will have on members of the public in general or a substantial segment thereof, you must disclose which fact in a signed writing to the City official, employee or body which has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure must also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify which all information provided is true and correct as of the date of this statement, which I have not knowingly withheld disclosure of any information requested; and which supplemental statements will be promptly submitted to the City of Corpus 'Christi, Texas as changes occur. Certifying Person: `—� �rnF S ��1 __,Title: Signature of , Certifying Person: Date: DEFINITIONS a. "Board member." A member of any board, commission, or committee of the city, including the board of any corporation created by the city. b. "Economic benefit". An action which is likely to affect an economic interest if it is likely to have an effect on which interest which is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the city,whether under civil service or not,including part-time employees and employees of any corporation created by the city. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self- employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest."Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements. g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Page 2 of 2 RFQ Revised 4.19.2019 ABM Aviation Lease Agreement - Revised FNL 11 -29-2022 Final Audit Report 2023-02-06 Created: 2023-02-06 By: Irene Segovia(irenes@cctexas.com) Status: Signed Transaction ID: CBJCHBCAABAAhst21dUA3plwPuIOA19zwVrM5kZy9oCT "ABM Aviation Lease Agreement - Revised FNL 11 -29-2022" His tory 1—i Document created by Irene Segovia (irenes@cctexas.com) 2023-02-06-3:51:51 PM GMT-IP address: 155.190.8.4 Document emailed to jim.malone@abm.com for signature 2023-02-06-3:53:10 PM GMT j Email viewed by jim.malone@abm.com 2023-02-06-3:58:33 PM GMT-IP address: 104.47.70.126 &o Signer jim.malone@abm.com entered name at signing as John Alford 2023-02-06-4:01:04 PM GMT-IP address:97.93.199.205 CSo Document e-signed by John Alford Qim.malone@abm.com) Signature Date:2023-02-06-4:01:06 PM GMT-Time Source:server-IP address:97.93.199.205 Q Agreement completed. 2023-02-06-4:01:06 PM GMT Q Adobe Acrobat Sign CCI Corpus Christi International Airport ABM Aviation Lease Agreement City Council February 28, 2023 cc!A *. F Lease Agreement Corpus Christi International AirPort • Staff is requesting City Council to authorize a one-year lease agreement with an option of five (5) additional twelve (12) month terms for renewal with ABM Aviation for two terminal offices of 165 square feet at the Corpus Christi International Airport (CCIA). • ABM Aviation initial term for one (1) year cost: -Monthly Rent Cost: $1,240.33 -Annual Cost: $14,883.96 • ABM will be subject to any rate adjustment based on current and future terminal rate assessments. z cc!A Proposed Lease Agreement Corpus Christi International Airport IfF 1 . + t _ 0 ztm OFFICE '1077 'E " Meeter Gmete•Area jo II g [ 3- C'&EM Ek . r� Total Square Feet 3 cc!A ;J ABM Aviation Corpus Christi =/ International Airport • ABM Aviation operates in over 75 airports inside and outside of the United States • Has operated in the City of Corpus Christi since 2002 • The company provides specialized customer service to patrons that need assistance: • Wheelchair access & support • Loading bridges • Assistance with carry-on items • Fees for ABM Aviation services are paid by the airlines cc!A Recommendation Corpus Christi / International Airport • City Staff recommends approval of the one-year lease agreement. • The Airport Board recommended approval of the lease agreement at their regular scheduled meeting that took place on January 25, 2023. 5 so �o o� A v µoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of February 28, 2023 DATE: February 28, 2023 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(a)-cctexas.com (361) 886-2603 Land Purchase of a 1.51 acre property for public safety purposes CAPTION: Motion to authorize execution of a real estate sales contract with Wayne White and Dolores White in the amount of $190,000.00 plus estimated closing costs in the amount of $1,671.40 for the City's acquisition of 1.51 acres of land, located Lot Three, Block One, Los Encinos Industrial Site, in the City of Corpus Christi, Nueces County, Texas for public safety purposes, with funding available from the FY 2023 Police General Fund. SUMMARY: The acquisition of this 1.51 acre tract of land will enable the Corpus Christi Police Department to expand the Public Safety Warehouse located at 1501 Holly Road. BACKGROUND AND FINDINGS: The proposed property is located adjacent to the Public Safety Warehouse at 1501 Holly Road. The owner of the proposed property offered the property for sale to the Corpus Christi Police Department. The offer did not stem from City solicitation of the property. The price offered for the 1.51 acre tract of land is the fair market value based on a December 2022 appraisal obtained by the City. The appraisal was completed on December 2, 2022, and valued the land at$190,000.00. The proposed property would allow for the needed expansion of the Public Safety Warehouse located at 1501 Holly Road expansion. As part of the warehouse expansion project, the parking lot also would be expanded. The details of the warehouse expansion project,to include the square footage of the expansion, are still being developed at this time. The current Public Safety Warehouse was built in 2015. It houses the Charlie substation, the Organized Crime Unit, Bomb Squad, and Search and Rescue offices. It is a two-storied office complex with an attached 5,800 square foot safety warehouse. The property also has a 4,000 square foot lean-to structure on the southside of warehouse. ALTERNATIVES: The alternative is not to purchase the land and not expand the Public Safety Warehouse and parking lot. This would result in CCPD having to find other storage facilities/sites, which might cost more money that the proposed tract and/or might not be located adjacent to the current Public Safety Warehouse. FINANCIAL IMPACT: The fiscal impact for the FY 2023 is an amount of$191,671.40 with funding available from Police General Fund operations and salary/retirement savings from vacant Radio Manager position. The FY 2023 funding for this item will come from General Fund professional services and salary savings. Funding Detail Fund: General 1020 Account: Land & Land Rights (550005) Activity: 11700 Amount: $191,671.40 RECOMMENDATION: Staff recommends purchasing the 1.51 acres of land for the expansion of the current Public Safety Warehouse, as presented. LIST OF SUPPORTING DOCUMENTS: Survey Title Real Estate Contract DEPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division Police Department Real Estate Sales Contract THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS COUNTY OF NUECES § This Contract is entered into by WAYNE WHITE AND WIFE, DOLORES WHITE, herein called"Seller"and the CITY OF CORPUS CHRISTI,a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi,Nueces County, Texas 78469-9277 herein called "Buyer". 1. Property. Seller for the consideration and under the terms set out herein, agrees to convey to Buyer the fee simple interest in the properties described below together with all rights, privileges, and appurtenances pertaining to the property situated in Nueces County, Texas: A vacant tract of land consisting of 1.51 acres(65,975 sq.ft.),Lot Three(3),Block One(1), Los Encinos Industrial Site, in the City of Corpus Christi,Nueces County, Texas. 2. Purchase Price. At closing, Buyer agrees to pay 5190,000.00 cash to Seller. 3. Title Insurance. The Seller must provide, at Buyer's expense, a title insurance policy that guarantees good and indefeasible title to the Property,without exceptions to title other than the standard printed exceptions and exceptions permitted under this Contract, and that wholly insures and indemnifies Buyer against any title defects or adverse claims.A reliable title insurance company or title guaranty company ("Title Company") must issue the title insurance policy.The title commitment for title insurance must be delivered to Buyer within 30 days after receipt of the Contract by the Title Company,with the title insurance policy to be timely issued after Closing. 4. Warranty Deed and Closing Costs. At the closing. Seller must execute and deliver a General Warranty Deed, drafted in accordance with the provisions of this Contract, that conveys indefeasible title to the Property to Buyer, and Buyer must make the cash payment to Seller. Buyer will pay one-half escrow fee, document preparation fees, and recording fees. Seller will pay any costs to cure title,one-half of escrow fee,and deed preparation fee. At closing, Seller must convey the Property with no liens, assessments, or any security interests against the Property; and with no persons in possession on any part of the Property as tenants, lessees, or tenants at sufferance, or trespassers. 5. Property Taxes. Seller must pay all property taxes incurred on the Property up to and including 2022. All property taxes for the year 2023, if any due and payable or incurred for the year,will be prorated between the Buyer and the Seller from January 1,2023 to the date of Closing. The prorated taxes are only an estimate indicated by a Tax Certificate obtained by the Title Company, and the Seller agrees to pay any shortages of property taxes should they occur during the following year. Seller shall promptly execute a Tax Proration Agreement expressly stating this agreement. 6. Earnest Money. Buyer deposits$500.00 with the Title Company as Earnest Money,which will be applied to the balance of the purchase price owing at Closing; Buyer will pay the balance of the purchase price owing at Closing. When the Title Company possesses the executed deed, any other necessary paperwork, and the balance of the cash payment, the Title Company will close and finalize the conveyance in accordance with its customary procedure. If Buyer fails to Close on this Contract as set out herein, for any reason other than title defects, Seller is entitled to the Earnest Money as liquidated damages for breach of this Contract. Seller may seek to enforce this Contract by an action for specific performance. If Seller fails to tender an executed deed conveying the Property in accordance with the terms of this Contract, Buyer may seek to enforce this Contract by an action for specific performance. 7. Time for Performance. This transaction will be closed and completed through the Title Company on or before 90 days from the effective date of this Contract. Seller gives Buyer possession of the Property by executing the General Warranty Deed. Seller's execution of this Contract means that Seller has read and understands that this Contract is not binding on Buyer until approved and accepted by the City of Corpus Christi City Council and executed by the City Manager of the City of Corpus Christi, Texas, or designee. 8. Survives Closing. This Contract survives Closing of the sale of the Property and the delivery of the General Warranty Deed and other necessary documents by Seller to Buyer at Closing, and all terms and conditions remain in effect between Seller and Buyer. 9. 60-Day Inspection Period. Buyer shall have 60 days (the "60-Day Inspection Period") from the effective date of the contract hereof to notify Seller of Buyer's election,in Buyer's sole discretion, to cancel this Contract and receive a refund of the Earnest Money in the event that Buyer finds the Property to be unacceptable for any reason. Buyer shall have reasonable access to the Property during all normal business hours, and Seller agrees to cooperate with and assist Buyer in Buyer's inspection of the Property. Failure of Buyer to deliver to Seller, within the 60-Day Inspection Period, written notice of Buyer's determination that the Property is unacceptable and to terminate this Contract shall constitute an election by Buyer to proceed with this Contract and a waiver of Buyer's right to terminate this Contract on this basis. a. Right of Entry. (1) During the 60-Day Inspection Period, and at Buyer's sole expense, Buyer or Buyer's authorized agents shall have the right to enter upon the Property for purposes of making such land surveys,environmental site analysis,engineering studies,wetland studies, soil borings and soil analysis as Buyer may deem necessary. Buyer shall not cause or permit damage or 2 injury to the Property. Upon termination of this Contract,Buyer shall promptly restore the Property to the condition existing prior to any tests or studies conducted pursuant to this Contract. This obligation shall survive the termination of this Contract, notwithstanding anything to the contrary contained herein. Seller shall make available for Buyer's inspection and copying within 10 days from the date hereof all reports, studies and tests in Seller's possession with respect to the Property. (2) In connection with Buyer's inspections, studies, and assessments, Buyer must: (i) employ only trained and qualified inspectors and assessors; (ii) notify Seller, in advance, of when the inspectors or assessors will be on the Property; (iii) abide by any reasonable entry rules or requirements that Seller may require;(iv)not interfere with existing operations or occupants of the Property;and(v)restore the Property to its original condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be completed. b. Environmental Condition of Property. Definitions. "Environmental Law"shall mean any law relating to environmental conditions and industrial hygiene applicable to the Property,including without limitation,the Resource Conservation and Recovery Act of 1976,the Comprehensive Environmental Response,Compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986,the Federal Water Pollution Control Act,the Clear Air Act,the Clear Water Act,the Toxic Substances Control Act, the Endangered Species Act, the Safe Drinking Water Act, the Texas Water Code, the Texas Solid Waste Disposal Act, and all similar applicable federal, state and local environmental statutes, ordinances and the regulations, orders and decrees now or hereafter promulgated thereunder. "Hazardous Materials" shall mean any pollutant, toxic substance, hazardous waste, hazardous material, hazardous substance, or oil as defined in any Environmental Law existing as of the date hereof. Environmental Audit. Buyer shall have the right to cause an independent environmental consultant chosen by Buyer,in Buyer's sole discretion,to inspect the Property,including but not limited to an Environmental Site Analysis(ESA)Phase I and Phase II,to determine the condition of the Property, the presence of any Hazardous Materials and any apparent violation of any Environmental Law (the "Environmental Audit") and to deliver a report describing the findings and conclusions of the Environmental Audit. The cost and expense of the Environmental Audit shall be borne by Buyer. If the Environmental Audit reveals,or at any time prior to closing Buyer otherwise becomes aware of the existence of any environmental condition or violation of any Environmental Law which Buyer is unwilling to accept or the Seller is unwilling to cure, Buyer shall have the right and option to cancel this Contract and receive a full return of the Earnest Money. 10. Broker Commission. Seller is responsible for payment of all broker's fees and 3 commissions incurred in connection with the sale of this property. 11. Possession. At the Closing,the Property will be conveyed free of the rights of possession of any third parties in or to the Property except for valid easements, if any,filed of record and currently in force and effect. 12. Representations and Warranties. By Seller. In order to induce Buyer to enter into this Contract, Seller makes the following representations and warranties all of which will be true and correct as of the date hereof and as of the date of closing: Authority;No Conflict. Seller has the absolute and unrestricted right,power and authority to execute and deliver this Contract and the documents to be executed and delivered by Seller in connection with the closing of the transactions described in this Contract(such documents being collectively referred to herein as "Seller's Closing Documents") and to perform its obligations under this Contract and the Seller's Closing Documents. Seller shall present to the Buyer and/or the Title Company, if necessary,all reasonable evidence of such authority which may be requested by either of them. The execution and delivery of this Contract and Seller's Closing Documents, the consummation of the transactions described herein, and compliance with the terms of this Contract will not conflict with, or constitute a default under,any agreement to which Seller is a party or by which Seller or the Property is bound, or violate any regulation, law, court order,judgment, or decree applicable to Seller or the Property, except as otherwise expressly provided herein. No Litigation or Proceedings. Seller has no knowledge of any pending or threatened litigation, condemnation, or assessment affecting the Property. Environmental Representations. Except as otherwise expressly provided herein, Seller has no knowledge that the Property contains Hazardous Materials(as defined in Section 10(b)), contains any underground storage tanks,or is not in full compliance with all Environmental Laws (as defined in Section 10(b)). Title to Property. Seller has full and complete fee simple title to the Property,subject only to the liens and encumbrances,if any,disclosed on the Commitment or Survey to be furnished to Buyer hereunder. No Options. No person,corporation,or other entity has or,on the date of Closing,shall have any right or option to acquire the Property. Compliance. Seller has not received any notice from any governmental agency regarding the Seller's or the Property's non-compliance with applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property. 13. Essential. Time is of the essence in closing this transaction. 4 14. Effective Date. The effective date of this Real Estate Sales Contract is the date in which the Contract is signed by the Buyer. 15. Notices. All Notices between the parties under this contract must be in writing and are effective when hand delivered, or deposited for mail by certified mail, or deposited by regular mail, to the following: To Seller: Wayne White and wife, Dolores P.O. Box 270265 Corpus Christi, Texas 78427-0265 To Buyer: City of Corpus Christi Attn: Director of Engineering Services P.O. Box 9277 Corpus Christi, Texas 78469-9277 16. Counterparts: Multiple original copies of this contract may be executed,and the execution of this contract may be through the execution by the parties of separate counterparts. All of the original copies of this contract together shall constitute one agreement,binding on all of the parties hereto notwithstanding that the parties hereto may or may not be signatories to the same counterpart. Each of the undersigned parties authorizes the assembly of one or more original copies of this contract,such that each such original copy of this contract shall consist of(i) the body of this contract and (ii) counterpart signature pages and acknowledgment pages which collectively include all of the signatures and acknowledgments of the parties hereto. Each such contract shall constitute one original of this contract. When the context requires, singular nouns and pronouns include the plural. SELLER " WAYNE WHITE THE STATE OF TEXAS § COUNTY OF COMAL § This instrument was acknowledged before me on V j �� 3 I Z ? ,2023 by Wayne White. 1110A.4 �lAll Pith, Y' Maria G Garcia Notary Public in an for tlYe State of Texas My Commission Expires n 03/22/1025 10 No.128419470 5 DOLORES WHITE THE STATE OF TEXAS § COUNTY OF COMAL § This instrument was acknowledged before me on L� 6 I J I ,2023 by Dolores White. MAEEE faNota Public in an for the State of Texas n Expires478 BUYER CITY OF CORPUS CHRISTI, TEXAS By: JEFF H. EDMONDS, P.E. DIRECTOR OF ENGINEERING SERVICES ATTEST: REBECCA HUERTA, CITY SECRETARY THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on ,2023 by Jeff H. Edmonds, PE, Director of Engineering Services, for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. 6 Notary Public in and for the State of Texas APPROVED AS TO LEGAL FORM THIS DAY OF 12023. FOR THE CITY ATTORNEY Janet Whitehead, Assistant City Attorney 7 s LPA APPRAISAL REPORT VACANT LAN D South line of Holly Road, east of Los Robles Street, Corpus Christi, Nueces County, Texas 78417 OLILN I • LOWERY ' ' MOM December 12, 2022 Bobby C. Harraid, Jr. The City of Corpus Christi Property & Land Acquisition Manager 1201 Leopard Street, 78401 Corpus Christi, Texas 78469-9277 VACANT LAND South line of Holly Road, east of Los Robles Street, Corpus Christi, Nueces County, Texas In accordance with your request and authorization,we have completed an Appraisal Report of the captioned property for the purpose of developing an opinion of the market value of the subject property. It is our intent to comply with 12 CFR, Subpart C-Subsection 34.42(g), Department of the Treasury, Office of the Comptroller of the Currency, as well as the Uniform Standards of Professional Appraisal Practice (USPAP) and FIRREA. It should be noted that the undersigned have experience in appraising properties considered similar to the subject, in the subject market area, and therefore comply with the Competency Rule as outlined in USPAP. The following report, plus the Addenda, sets forth our findings and conclusions. Maps, plats and photographs that are considered essential to explain the reasoning followed in making the appraisal have been included and the conclusions are expressed therein.Also, no hazardous materials orwaste were noted upon inspection of the subject property.Please refer to the Basic Assumptions and Limiting Conditions section of this report. USPAP Standards Rule 1-2(h) states that an appraiser must identify the scope of work necessary to complete an assignment.The scope of work is acceptable when it is consistent with: (1) the expectations of participants in the market for the same or similar appraisal services; and (2) what the appraiser's peers' actions would be in performing the same or similar assignment in compliance with USPAP. In the case of the subject property, both of these USPAP criteria have been met. NOTEWORTHY POINTS ■ The subject of the report is a vacant tract of land consisting of 1.45-acres (63,000 SF). ■ It is noted that the Cost and Income Approaches to value are not utilized for this report. The omission of the Cost and Income Approaches to value is not considered to, in any way, reduce the reliability of the value conclusions herein. The Cost Approach was not considered applicable due to the lack of improvements located on the subject site. The Income Approach was not considered to be applicable given the subject is a non-income producing property and similar properties are rarely leased in the market. ■ Reader is referred to the Extraordinary Assumption section of this report. MOM The appraisal, subject to the assumptions and limiting conditions as expressed herein and conducted according to the Uniform Standards of Professional Appraisal Practice, led us to develop the opinion of market value as follows: VALUE CONCLUSION Status Interest Date Value As Is Fee Simple December 2, 2022 $190,000 Support and explanation for our value conclusion is explained in detail in the contents of the attached report. It has been a pleasure to assist you, and if we can be of service to you in the future, please let us know. Lowery Property Advisors, LLC MARIO CARO,MAI,AI-GRS,SR/WA JAMES BURBACH,MAI Texas State Certified General Real Estate Appraiser Texas State Certified General Real Estate Appraiser Certificate No.TX1334889-G Certificate No.TX1334443-G mario@lowerypa.com jburbach@lowerypa.com /#ttla'� JEFFREY K.WALTERS Texas State Certified General Real Estate Appraiser Certificate No.TX1380924-G jeff@lowerypa.com CONTENTS SALIENTDATA................................................................................................................................................................... 1 SUBJECTPHOTOS............................................................................................................................................................. 2 INTRODUCTION ................................................................................................................................................................ 4 SCOPEOF WORK............................................................................................................................................................. 5 REGIONAL......................................................................................................................................................................... 6 NEIGHBORHOOD........................................................................................................................................................... 11 DEMOGRAPHICS............................................................................................................................................................ 17 ECONOMICUPDATE...................................................................................................................................................... 20 SITEDESCRIPTION........................................................................................................................................................... 25 PROPERTYHISTORY ........................................................................................................................................................ 32 REALESTATE TAXES......................................................................................................................................................... 33 HIGHEST & BEST USE ....................................................................................................................................................... 34 LANDVALUATION.......................................................................................................................................................... 37 RECONCILIATION........................................................................................................................................................... 47 MARKETING / EXPOSURE TIME ...................................................................................................................................... 48 ASSUMPTIONS & LIMITING CONDITIONS...................................................................................................................... 49 CERTIFICATION............................................................................................................................................................... 51 ADDENDUM.................................................................................................................................................................... 52 SALIENT DATA CORPUS CHRISTI•TEXAS VACANT LAND SALIENT DATA GENERAL Date of Valuation December 2, 2022"As Is" Date of Inspection December 2, 2022 Property Rights Appraised Fee Simple SITE DESCRIPTION Location The subject property is located on the south side of Holly Road, east of Los Robles Street. As of the date of this report there is no physical address associated with the subject property. Site Description The subject site totals 1.45-acre (63,000 SF) and is rectangular in shape with a generally level topography. Flood plain is noted. Additionally, it should be noted the subject property is out of a larger parent tract consisting of 3.2265 acres or 140,547 SF. We have relied upon our client for the size, shape and configuration of the subject property appraised herein. Reader is referred to the Site Description section for further details. Legal Description Being 1.45-acre (63,000 SF) out of Lot 3, Block 1, Los Encinos Industrial Site,An Addition to the City of Corpus Christi, Nueces County,Texas. Zoning "IL"- Light Industrial District IMPROVEMENTS General Description None HIGHEST & BEST USE As Vacant Industrial or commercial use Al LPA 2022.11.162 PAGE 1 SUBJECT PHOTOS CORPUS CHRISTI•TEXAS VACANT LAND SUBJECT PHOTOS r— �[�F'�y�, F 'st. t S FK eI a :- 7 l 7 " q'4 �� 3 fi r � z •. A� LPA 2022.1 1.162 PAGE 2 r- t C c IL n n 1 Lis T f AW 14 S � .w r c =Tn w u til INTRODUCTION CORPUS CHRISTI•TEXAS VACANT LAND INTRODUCTION This is an Appraisal Report, which is intended to comply with the reporting requirements set forth under Standards Rule 2-2(a) of the Uniform Standards of Professional Appraisal Practice for an Appraisal Report. Supporting documentation concerning the data, reasoning and analyses is retained in the appraiser's file.The depth of discussion contained in this report is specific to the needs of the client and for the intended use stated below. The appraiser is not responsible for unauthorized use of this report. Furthermore, as agreed upon with the client prior to the preparation of this appraisal, this is an appraisal as set forth by USPAP. TYPE OF VALUE The value definition employed in this report is Market Value as defined in 12 CFR - Part 34.42 (FIRREA), Department of the Treasury, Office of the Comptroller of the Currency. Market value means the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: ■ Buyer and seller are typically motivated. ■ Both parties are well informed or well advised and acting in what they consider their own best interests. ■ A reasonable time is allowed for exposure in the open market. ■ Payment is made in terms of cash in US dollars or in terms of financial arrangements comparable thereto; and ■ The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. Intended Use Purchasing decisions Intended Users City of Corpus Christi and assigns Client City of Corpus Christi Interest Valued Fee Simple Date of Valuation December 2, 2022 "As Is" Date of Inspection December 2, 2022 Date of Report December 12, 2022 Al LPA 2022.1 1.162 PAGE 4 SCOPE OF WORK CORPUS CHRISTI•TEXAS VACANT LAND SCOPE OF WORK The scope of the assignment relates to the extent and manner in which research is conducted, data is gathered, and analysis is applied. In preparing this appraisal, the appraisers did the following: ■ Inspected the subject property. ■ Searched the applicable market area for comparable market data. We utilized multiple sources including but not limited to: Costar, LoopNet, area brokers, local MLS, as well as our proprietary database. ■ Interviewed landowners and local brokers familiar with the subject area and considered their insight of the current market and transactions. ■ Obtained information from surrounding counties and area jurisdictions regarding zoning, taxes, property history, flood plain, utilities, etc. ■ Developed an opinion of market value via the use of the Sales Approach. The omission of the Cost and Income Approaches to value is not considered to, in any way, reduce the reliability of the value conclusions herein.The Cost Approach was not considered to be applicable due to lack of improvements located on the subject site which add any significant/quantifiable market value. The Income Approach was not considered to be applicable given the subject is a non-income producing property and similar properties are rarely leased in the market. The inclusion or exclusion of approaches to value was determined by LPA and not our client. ■ To develop the opinion of value, the appraiser performed an appraisal process, as defined by the Uniform Standards of Professional Appraisal Practice. Extraordinary Assumptions & Hypothetical Conditions It is emphasized that per USPAP, "the use of extraordinary assumptions and or hypothetical conditions may have affected assignment results." These terms are defined as follows: Extraordinary Assumption, "an assignment-specific assumption as of the effective date regarding uncertain information used in an analysis which, if found to be false, could alter the appraiser's opinions or conclusions." This report is made with the following extraordinary assumption(s): ■ The subject property is out of a larger 3.2265 acres or 140,547 SF Parent Tract. We were not provided a survey of the subject property appraised herein.We have relied upon the information given to use by the client about the size,shape,and configuration of the subject property within this report. LPA reserves the right to amend our value conclusion if an updated survey with a different size,shape,and configuration is provided. Hypothetical Condition, "a condition, directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment results but is used for the purpose of analysis." This report is made with the following hypothetical condition(s): ■ None Al LPA 2022.1 1.162 PAGE 5 REGIONAL CORPUS CHRISTI•TEXAS VACANT LAND REGIONAL The subject is located in the Corpus Christi Metropolitan Statistical Area (MSA) which is located on the Texas Gulf Coast, approximately midway between Houston and the Mexican border. It is 200 miles southwest of Houston, 200 miles south of Austin, 130 miles southeast of San Antonio and 130 miles north of the Mexican border.The MSA covers three counties-Aransas, Nueces, and San Patricio. Willa, St Paul t g �r\sir ������\\ e 1 � Fulto1n1! C" 18s '9 \sl \ 41 Simon iaa A\�N, Rancho Chico ° Rock po`1rt MocgamDel Sol L(nna Farrr)Area Linda Tradewmds Edro raft Estes San Patricio 234 tat M 1 Odem Cay&y The Sea 5 0 gAcres �} 1 Falman Counry rf ....... .... C're orgA,.res ,i nansos P B u er qac '4# "1 411 Doyle • 3fi1 . Ind _. Ingleside ideP 1�4���ro -iic•arr:s; aa� I on B Y p. F �� •..i�.,..1 ae sr;, nquete No-t, 4 -wsw G—r s. a n d J CMTRRY.CMM l}errallerde uJ c La Palon•a Losl t„ r._ 3 i Cmek xsa ssT rn `�u:,�,�\�\\\\� I�s and 9 I ee Ti�rr,a Grande.. ....... .... -^ "W46 p sourH sloe as to Alto •. �����,"., 6Lkl]R BL' shop_ , I NUS Imlmlmlmlmlmlmglpullll �1p171tt!t\�„ SS�Iuu �l4 �ill�1 l Mlle ' Al LPA 2022.1 1.162 PAGE 6 REGIONAL CORPUS CHRISTI•TEXAS VACANT LAND DEMOGRAPHICS According to Esri, the 2021 population estimate of the Corpus Christi Metropolitan Area is 442,600, making it the 7th largest metropolitan area in the Texas. Based on that estimate, the area gained approximately 5,300 new residents between 2020 and 2021.The main industries of the area include military,oil production,shipping, and construction. Leisure and hospitality industries are also important to the area, as the coast attracts many tourists. ECONOMICS Corpus Christi MSA Corpus Christi is underperforming,with job growth in the past year a percentage point lower than that of the nation. Total payrolls are still slightly below their pre-pandemic peak, a milestone that the nation reached in July.Most industries are growing, but none is significantly outpacing its national counterpart. In particular, local industries associated with energy, namely manufacturing and distribution, have not been standouts. The un- employment rate has declined to 5.5%, but this is a percentage point higher than precrisis and nearly 2 points higher than the national average. The labor force has been flat over the past year compared with the solid gains nationally. In the housing market, prices and sales have begun to turn downward. The energy industry's recovery over the past two years should support the local economy, but there are significant uncertainties. From mid-2020 through mid-2022,Texas active drill rigs more than tripled,though they leveled off and began to decline again in August. The gains in nearby Eagle Ford have been particularly important for Corpus Christi since its manufacturers make the necessary drilling equipment and supplies. Further, the six local refineries should benefit from increased supply. However, there is a risk: West Texas Intermediate crude dropped sharply from a peak of $120 per barrel in June back to $75, lower than before Russia's invasion of Ukraine. Although that is still substantially higher than Eagle Ford's break-even price of$46 per barrel, the downtrend in price has been a negative for industry investment. On the other hand, OPEC announced supply cuts in early October;if the EU's plan to impose its December sanctions by capping Russian oil export prices backfires, prices could jump once again Another potential source of growth is in the distribution industry. Russian limitations on supplying natural gas to the EU have caused prices to jump there to well over$50 per million BTUs, far above U.S. prices in the range of $6 per million BTUs, resulting in substantial profit opportunities to ship liquefied natural gas. LNG producer Cheniere has one of its facilities in Corpus Christi. In the first half of 2022, LNG shipments were up 11%compared with the first half of 2021, setting a new record. The constraint is that scaling up shipments of LNG even further would require a lot of time-consuming and expensive infrastructure investment. There-fore, producers must weigh how long the extra demand would persist. Al LPA 2022.11.162 PAGE 7 REGIONAL CORPUS CHRISTI•TEXAS VACANT LAND A number of obstacles will limit the prospects for longer-term expansion. First, desirable employment opportunities are hard to find, with the share of high-wage jobs little more than half the national share. This has contributed to out-migration, causing a net population loss over the past several years. Hurricane Harvey also resulted in some out-migration in 2017. Another constraint is low educational attainment, as the share of adults with a bachelor's degree is only two-thirds the national average share. This limits the metro area's attractiveness to prospective employers considering relocation. Corpus Christi's relative geographical isolation is another negative in this regard. San Antonio, the closest large metro area, is more than 140 miles away. Strengths ■ Port's strategic gulf location is ideal for trade and exports, in particular of energy and petrochemical products. ■ Low cost of living and Gulf of Mexico location attractive for retirees and tourists Weaknesses ■ The low level of educational attainment and relative geographical isolation reduce the attractiveness to prospective employers. ■ The heavy reliance on international trade adds cyclicality to the outlook. 2017 2018 2019 2020 2021 INDICATORS 2022 2023 2024 2025 2026 27.8 28.6 28.5 27.6 29.2 Gross Metro product (C09$bill 30.0 30.7 31.7 32.7 33.7 1.9 3.0 -0.4 -3.2 5.9 %change 2.6 2.5 3.1 3.1 3.2 193.5 194.2 194.9 182.5 184.2 Total employment (ths) 190.4 193.8 196.5 198.5 200.0 0.0 0.4 0.4 -6.4 0.9 %change 3.3 1.8 1.4 1.0 0.7 5.9 5.0 4.3 9.1 7.2 Unemployment rate (%) 5.6 4.9 4.4 4.0 4.1 4.8 2.1 6.2 4.0 7.8 Personal income growth (%) 1.6 6.0 5.1 4.5 4.5 53.4 54.3 56.6 57.2 57.5 Median household income ($ths) 58.4 61.0 63.3 65.4 67.6 453.8 452.1 452.5 454.4 456.6 Population (ths) 459.6 462.6 465.3 467.8 470.2 -0.1 -0.4 0.1 0.4 0.5 %change 0.6 0.7 0.6 0.5 0.5 -2 -3 -1 1 1 Net Migration (ths) 2 2 1 1 1 1,178 1,711 1,842 1,819 2,423 Single-family permits 2,030 1,637 1,719 1,784 1,831 8.0 16.0 214.0 277.0 366.0 M ultifa mily permits 572.9 616.2 546.2 561.3 565.0 207 213 220 230 258 FHFA house price (1995Q1=100) 293 288 278 273 274 Moody's Analytics Al LPA 2022.1 1.162 PAGE 8 REGIONAL CORPUS CHRISTI•TEXAS VACANT LAND MAJOR ATTRACTIONS Corpus Christi is a popular tourist destination because of its mild climate and location. It is the most frequented vacation destination in Texas with 10.61 million annual visitors.Most visitors are the traditional summer beach visitors and "Winter Texans"which pump an estimated $1.35 billion annually into the local economy. Corpus Christi convention activity is focused in the area at the north end of Shoreline Boulevard near the Harbor Bridge. The American Bank Center Convention Center events support a number of hotels in the downtown Bay Front area.The center(located at 1901 N.Shoreline Boulevard-north of IH 37 and east of US 181) opened in late 2004 and features a 2,526-seat auditorium,a sports arena seating 10,500 and meeting and exhibition space.The sports arena is home to Corpus Christi's Ice-rays hockey team and the Texas A&M - Corpus Christi University basketball teams. Whataburger Field is home to the Corpus Christi Hooks, the Double-A affiliate of the Houston Astros. TRANSPORTATION Corpus Christi International Airport The Corpus Christi International airport serves the coastal bend of Texas. The four airlines that serve CCIA are American, Southwest, and United Airlines. These airlines provide direct flights to both airports in Houston as well as in Dallas. Port of Corpus Christi The Intracoastal Waterway and the Port of Corpus Christi make Corpus Christi a major 401 transportation and bulk cargo center.The port is the 8th largest in the nation in terms of annual ftmw_;.0�0, tonnage and is located mid-way along the Texas coast on the Gulf of Mexico (approximately 150 miles north of the United States/Mexico border) just north of IH 37 and the Central Business District (CBD). Low-cost barge transportation is available on this 1,177-mile waterway that links Corpus Christi with 9,812 miles of commercially navigable waterways in the mid-continent regions of the Mississippi River and its tributary systems as well as 2,500 miles of waterway along the Gulf of Mexico. The Texas Department of Transportation The main thoroughfares that serve the area are I-37, which provides easy access to San Texas Antonio, State Highway 35, which connects the area to Houston, and US Highway 77, which i�6 Parrment olTransporution connects the area to the Rio Grande Valley. Other important roadways include State Highways 358 and 361,which connect the city to Padre Island. A� LPA 2022.1 1.162 PAGE 9 REGIONAL CORPUS CHRISTI•TEXAS VACANT LAND CONCLUSION Corpus Christi will continue to recover during the coming year, but the pace will be slow. Uncertainties about oil prices will limit gains in the metro area's manufacturing and distribution industries. Longer term, population loss and other structural factors will limit growth. Al LPA 2022.11.162 PAGE 10 NEIGHBORHOOD CORPUS CHRISTI•TEXAS VACANT LAND NEIGHBORHOOD A neighborhood is typically a segment of a community, city or town which is a homogeneous grouping of individuals, buildings or business enterprises within the larger community. A neighborhood has three stages of life and possibly a fourth. They are (1) integration (the development stage), (2) equilibrium (the static stage), (3) disintegration (the declining or decaying stage), and possibly (4) a redevelopment or rejuvenation state or period and continuance of the neighborhood life cycle. 4;1 +r r. TErmina{ C sChr 4 N II'As , 1► MY A u1�.Fl. �116 I� 1155 � C rral C l M Brum f 5 Iii sfpry�, �- La 4ulnta Inn by sl Corpu dham Wyns... ^ Car 9Christi 41 h - r 'xl De k (' 6 ,Ir Doll x I I�"n iCEHrRAL CITY r. I� Cole.f'ark L arp GoltC nter ,!� F840 I y, ,1 ,. Tf..Ian-:Dcri:v flc sp W p T Sp-d ®_.. zpc T �y ,,,�. , 7 H F-R ■$el s Graresite fPrn[ f C:h� U -Ei ist orpus NCnr iE'Dil'S li �. EGuinm � Cluby T IL.ph Cc re ■ a AP A y Mlddle�Fa st Resteura rrt �� . �r I ..Ilan Ge^rer �� SUBJECT ..nl.'o F---- W,d Ch hU tcn� .:c'yi• !1 J �//!!�� U I` rler Ba,.I- -1-1,- —nnrn-1,- ICP.t r• s if i:�i'=. J 111 GOLTI!G.DC it - o v n Adkins•M fiddle School _ r. 0 3!na:Sup Ea ` crc�ci'.t {� €g Bay Ptdy-Ireyie SpU[S&S[DI'c'v S:,D 11ENk: Ga tld�s 8 (] Nature Cenle ..,, rwur. F-117 n f1 L ate. Al LPA 2022.1 1.162 PAGE 1 1 NEIGHBORHOOD CORPUS CHRISTI•TEXAS VACANT LAND i u LOCATION The subject property is located in the City of Corpus Christi, Nueces County, Texas. The subject neighborhood is best defined by use patterns, as well as the location of major thoroughfares and natural boundaries. Neighborhood boundaries are generally defined as the land area within North Beach and by the Corpus Christi Bay and Corpus Christi ship channel to the north, Corpus Christi Bay to the east, McGee Beach to the south, and State Highway 286 to the west. GENERAL INFORMATION Corpus Christi is a coastal city in the South Texas region, which is 130 miles southeast of San Antonio. Corpus Christi has a population of 327,423 people with a median age of 35.7 and a median household income of$57,387. Between 2016 and 2021 the population of Corpus Christi grew from 325,734 to 327,423, a 0.52% increase and its median household income grew from $54,344 to $57,387, a 5.60% increase. This city is home to a number of popular destinations for both tourist and residents. Most of the local economy is driven by tourism and the oil and petrochemicals industry.The city's location provides opportunities for water sports and nature tourism. Some of the most visited attractions are located on North Beach, where the Texas State Aquarium and the USS Lexington Museum on the Bay are located. The Port of Corpus Christi, which is the fifth largest U.S. Port and deepest inshore port on the Gulf of Mexico, handles mostly oil and agricultural products. Corpus Christi is home to several institutions of higher learning such as Texas A&M University-Corpus Christi, De Mar College, and numerous vocational schools. The city has six school districts which provide primary and secondary education for residents. The market area is a combination of vacant land, single-family residential, retail, multifamily, office and industrial uses. Retail/commercial development is primarily located along major thoroughfares such as SH 358(South Padre Island Drive). Residential uses are located on secondary thoroughfares. Al LPA 2022.11.162 PAGE 12 NEIGHBORHOOD CORPUS CHRISTI•TEXAS VACANT LAND CORPUS CHRISTI DOWNTOWN Corpus Christi's Downtown/Bayfront area has great hotels, some of the city's finest dining options,a marina and museums. The Marina Arts District in downtown features excellent eateries, art, original music and festivals. The Sports, Entertainment and Arts District (SEA District) is located at the southern edge of the Corpus Christi Ship Channel.The SEA District includes the Museum of South Texas,the Corpus Christi Museum of Science and History, Concrete Street Amphitheater and Hurricane Alley Waterpark. Whataburger Field, home to the Corpus Christi Hooks (Double-A affiliate of the Houston Astros), is also located in the SEA District. McGee Beach is located on the downtown seawall and offers a beach that is perfect for children and fishing along the jetties. The Mirador de la Flor is located on the Corpus Christi Bayfront ''' Seawall which is located at the Peoples Street T-Head and is popular among tourists. Selena Quintanilla Perez was an acclaimed Tejano singer born in Corpus Christi whose life and music touched the community and many people around the world. The life size-bronze statue was sculpted by H.W. "Buddy" Tatum, a well-known Corpus Christi artist. Established in 1923, the Corpus Christi Yacht Club is located in Downtown Corpus Christi along Coopers Alley.The two-story private club is equipped with a full-service restaurant/bar and outdoor pool which hosts various events such as weddings, luncheons,and social gatherings. The Yacht Club regularly hosts regattas and offers a learn-to-sail program to both members and non-members between ages 6-18. This allows students to learn about water safety, rigging techniques, sailing skills, knots, and weather before venturing outside of the club's marina by the end of season. Al LPA 2022.11.162 PAGE 13 NEIGHBORHOOD CORPUS CHRISTI•TEXAS VACANT LAND NAVAL AIR STATION CORPUS CHISTI Y NAS Corpus Christi was commissioned on March 12, 1941 after a board found that a lack of training facilities capable of meeting an emergency demand for pilots constituted a grave situation. NAS CC provided intermediate flight training in World War II, training naval pilots to fly SNJ,SNV,SNB, OS21J, PBY, and N3N airplanes. In 1944 it was the largest naval aviation training facility in the world. The facility covered 20,000 acres, had 997 hangars, shops, barracks, warehouse and accessory buildings. Today, Training Air Wing FOUR produces approximately 400 newly qualified aviators each year via the "Maritime Pipeline" for shore-based US Navy, US Marine Corps and US Coast Guard fixed—wing jet and turboprop aircraft. Training Air Wing FOUR consists of four squadrons which handle training in the T-613 Texan II, a single engine turboprop aircraft and advanced training in the twin engine T-44C Pegasus aircraft. NAS Corpus Christi is also home to the Corpus Christi Army Depot, the largest helicopter repair facility in the world. NORTH BEACH DEVELOPMENTS North Beach is the home of Corpus Christi's top tourist attractions -The USS Lexington Museum and the Texas State Aquarium,which both attract approximately 800,000 visitors annually.The USS Lexington Museum is a World War II vintage aircraft carrier that now services as a naval aviation museum and educational facility. Commissioned in 1943, the carrier served the United States longer and set more records than any other carrier in the history of naval aviation. The Texas State Aquarium mission is to engage people with animals, inspire appreciation for our seas and support wildlife conservation. North Beach offers a good variety of places to eat and drink and awesome bayfront views, a 1.5-mile-long sandy beach, and Concrete Beachwalk. Two fishing jetties are located on North Beach at the north and south ends. Al LPA 2022.11.162 PAGE 14 NEIGHBORHOOD CORPUS CHRISTI•TEXAS VACANT LAND In 2017, Frazier started planning Lighthouse F =NOR Pointe, a $25 million project at the tip of North Beach on the west side of U.S. Highway 181, across from the subject k property.The complex will feature 159 luxury w one, two, and tree-bedroom apartment ,. ,: „ u units, eight townhomes, a marina, spa, restaurant, chapel and a 136-foot Texas lighthouse.As of June 2022,the construction is still on going and is expected to be complete before the end of 2022. ACCESS Access to the subject neighborhood is considered good due to its close proximity to U.S. Highway 181 to the west. U.S. Highway 181 originates in downtown Corpus Christi and connects Corpus Christi to Portland and extends far northwest to San Antonio. Interstate 37 is to the south of the subject which provides a direct link to both Interstate Highway 35 and Interstate Highway 10 in San Antonio. Interstate 69E/ US Highway 77 connects the city to Brownsville to the south and Victoria and Waco to the north. Texas State Highway 44 is a main thoroughfare that connects Corpus Christi to Laredo and the western part of South Texas by way of Interstate 69W / US Highway 59, Interstate 35, and US Highway 83. The inner-city public transportation is provided by Corpus Christi Regional Transportation Authority with its bus route. Other primary thoroughfares include Highway 286 (Crosstown Expressway) and Highway 358 (South Padre Island Drive). UTILITIES The majority of the city of Corpus Christi is adequately served by all the typical utilities, including water, sewer, electric service, natural gas,septic and public telephone. Major utility companies servicing the neighborhood include the City of Corpus Christi and TXU Electric Company. NUISANCES & HAZARDS Nuisances and hazards are limited in the subject neighborhood. Vibration, smoke, smog, odors and intense noise are basically related to vehicular traffic along the major thoroughfares. As in any area, traffic density poses problems ranging from congestion to noise. These problems are not severe and are a natural part of most communities. Al LPA 2022.11.162 PAGE 15 NEIGHBORHOOD CORPUS CHRISTI•TEXAS VACANT LAND LIFE CYCLE Each neighborhood has a unique and dynamic quality all its own, given man's unique imagination, design and development of an area. This quality is described as a "life cycle,"which is identified in The Appraisal of Real Estate as evolving through the following four stages. Growth Neighborhood gains public favor and acceptance Stability Equilibrium without marked gains or losses Decline Diminishing demand Revitalization Renewal, modernization and increasing demand Overall, the subject neighborhood appears to be in the stability period of its life cycle. Land prices have increased. The immediate area is a well-established area within the city of Corpus Christi and is considered to be approximately 70%developed. Properties appear to range in age from new to over 50 years. CONCLUSION The subject neighborhood is located in Corpus Christi, Nueces County,Texas. Demand for virtually all types of real estate in this area has been mostly stable in recent years. The future growth of the neighborhood relies heavily upon the strength of the economy and the overall strength of the real estate market within the entire Corpus Christi area.The subject property displays good locational attributes in the defined neighborhood and should benefit from any positive economic conditions experienced by the immediate area. Based on research of land sales in the subject neighborhood and discussions with local real estate brokers, land market values in the Corpus Christi area have increased at a rate of approximately 5.0%/year and are expected to continue to increase at a similar rate for the foreseeable future. Al LPA 2022.11.162 PAGE 16 Site Map 'c o r p t J 5 4. res" [,. ris ti �k * m • Clorkwoo ° ro ' *^$* moo a ro r mx� ] w EM- w G2: uorpu Christi • s °.. e r • ro �m DEMOGRAPHICS CORPUS CHRISTI•TEXAS VACANT LAND 1pesru Demographic and Income Profile 1401-1499 Holly Rd Prepared by Esri 1401-1499 Holly Rd,Corpus Christi,Texas, 78417 tI, e Ring: 5 mile radius Lci IT Summary Census 2010 Census 2020 2022 2027 Population 164,679 188,237 154,526 153,374 Households 59,233 S7,U49 56,843 56,487 Families 40,603 - 37,670 37,515 Average Household Size 2.75 2.59 2.69 2.68 Owner Occupied Housing Units 34,702 - 34,416 34,638 Renter Occupied Housing Units 24,531 22,428 21,849 Median Age 35.3 37.2 38.5 Trends: 2022-2027 Annual Rate Area 'State National Population 0.15070 0.880/6 0.2501. Households -0.13% 0.92% 0.31% Families -0.08010 0.96% 0.26% Owner HHs 0.13% 1.19% 0.53% Median Household Income 3.38010 2.93%n 3.12% 2022 2027 Households by Income Number Percent Number Percent c$15,000 7,475 13.2%n 5,847 10.4% $15,000-$24,999 6,230 11.0% 4,955 8.6% $25,000-$34,999 5,807 10.2% 5,097 9.0% $35,000-$49,999 7,316 12.9% 6,890 12.2% $50,000-$74,999 9,177 16.1% 9,115 16.1% $75,000-$99,999 7,908 13.9% 8,519 15.1% $100,000-$149,999 8,572 15.1% 10,423 18.5% $150,000-$199,999 2,672 4.7% 3,669 6.5% $200,000+ 1,687 3.0% 1,971 3.5% Median Household Income $53,125 $62,741 Average Household Income $73,015 $84,900 Per Capita Income $27,068 $31,497 Census 2010 2022 2027 Papulation by Age Number Percent Number Percent Number Percent 0-4 11,976 7.30% 10,281 6.7% 10,158 6.6% 5-9 12,288 7.5% 10,243 6.6% 9,979 6.5% 10-14 11,972 7.3% 10,087 6.5% 9,959 6.5% 15-19 11,947 7.3% 9,927 6.4%n 9,339 6.1% 20-24 11,402 6.9% 9,784 6.3%n 9,390 6.1% 25-34 22,080 13.4% 22,394 14.5% 20,499 13.4% 35-44 19,406 11.8% 19,148 12.4% 20,517 13.4% 45-54 23,332 14.2% 16,581 10.7% 16,673 10.9% 55-64 19,311 11.7070 19,008 12.3% 16,822 11.0% 65-74 10,999 6.7% 15,739 10.2% 16,650 10.9% 75-64 7,219 4.4% 8,195 5.3% 10,002 6.5% 85+ 2,745 1.7% 3,140 2.0% 3,387 2.2% A� LPA 2022.1 1.162 PAGE 18 DEMOGRAPHICS CORPUS CHRISTI•TEXAS VACANT LAND ---------------------------------------------------------------------------i esno Demographic and Inc. _ Profile 1401-1499 Holly Rd Prepared by Esri 1401-1499 Holly Rd,Corpus Christi,Texas, 78417 Latiti.de: fir,: Ring: 5 mile radius ai 1_,J`7 Trends 2022-2027 3- N tJ 2.5- CL .5-C 2- 1.5- 1 III Area 0.5 V.IU State 0- jN ull LISA Population Households Families Owner HHs Median HH Income Population by Age 14- 12 10 a $ a 6- 4- 2022 42022 2 2027 0- 0-4 5-9 10-14 15-19 20-24 25-34 35-44 45-54 55-64 65-74 75-84 85+ 2022 Household Income 523K-534K $15K-$24K 1C.2°', $35K-$49K 12.9% a$15K 13.2% $200K+ 3.0% $50K-$74K $150K-$199K 15.1% 4.7% $149K $75K $75K-$99K _....... 15.1% 13.9% Al LPA 2022.1 1.162 PAGE 19 ECONOMIC UPDATE CORPUS CHRISTI•TEXAS VACANT LAND ECONOMIC UPDATE LPA is committed to monitoring the current economic environment. The following section analyzes several current economic factors such as the lingering effects of COVID-19, inflation, gas prices, supply chain issues, unemployment, etc. and the effects on commercial real estate. COVID-19 As COVID-19 began in 2020, unemployment reached a high of 14.7%. GDP declined 34% in Q2 2020, The CARES Act, enacted shortly after the beginning of COVID, was a shot in the arm of the U.S. economy. Throughout 2020 and as we entered 2021,the economy began to ease slightly. In 2021 the U.S. began offering four vaccines: Johnson & Johnson, Pfizer, Moderna, and Novavax. Although riddled with supply chain problems and closing businesses, the unemployment rate continuously decreased to 3.5%where it stands as of August 2022. GDP has increased since Q2 2020. The U.S. government has enacted various monetary and fiscal policies to assist the economy, such as $377 billion in emergency grants and loans for small businesses and decreasing the federal fund rate. Although the economy is recovering from COVID-19, these are still unpredictable times. Outlined below is a timeline of important events in the history of the pandemic. Jan 2020 The first instance of the coronavirus is seen in the U.S. Mar 2020 The World Health Organization declares COVID-19 a worldwide pandemic. Mar 2020 President Trump signs a $2 Trillion economic stimulus bill. Feb 2021 Pfizer, Moderna, and Johnson &Johnson vaccine all approved for emergency use. Mar 2021 Congress passes the American Rescue Plan,the largest stimulus bill to date. Mar 2022 The Federal Reserve raised interest rates for the first time since 2018 in order to combat rapid inflation. Jun 2022 U.S removes Covid testing requirement for travel into the United States. Jul 2022 Annual inflation rate in the US reported to be 8.5%. Sep 2022 Hurricane Ian makes landfall on southwest Florida coast as a category 4, deadliest in state since 1935. Nov 2022 Federal Reserve initiates the fourth consecutive 0.75-point interest rate increase. Al LPA 2022.1 1.162 PAGE 20 ECONOMIC UPDATE CORPUS CHRISTI•TEXAS VACANT LAND UNEMPLOYMENT The COVID-19 pandemic accelerated already emerging trends in slow labor force growth and higher demand for skilled labor. The number of jobless claims skyrocketed in March 2020, when the pandemic officially began, with official unemployment numbers reaching 23.1 million or 14.7%. Unemployment has steadily declined over the following months, with the unemployment rate as of July 2022 recorded at 3.5%, which is back to pre-pandemic levels. As of July 2022, US employers added a total of 528,000 new jobs outpacing the forecast of 250,000. The majority of the new jobs were led by the leisure and hospitality industry as well as professional and business services. Despite the low unemployment rate and job creations, industries are still having problems being understaffed as people used COVID-19 to change jobs and careers, leaving holes in the industries they've left behind. Career changes and the need to work remotely have led to a worker shortage, especially in the food service and hospitality industries. The chart below shows the monthly unemployment rate since February 2020. UNEMPLOYMENT RATE 1 6.00% 14.007o 12.00% 10.00% 8.00% 6.00% 4.00% 2.00' 0.00% Al LPA 2022.1 1.162 PAGE 21 ECONOMIC UPDATE CORPUS CHRISTI•TEXAS VACANT LAND INFLATION Inflation has hit the United States hard since the beginning of 2021. Inflation is the rate of increase in prices over a given period of time. The most common form of measurement is the Consumer Price Index (CPI). This measures the percentage change in price over a "basket" of goods and services in households. According to the U.S Bureau of Labor Statistics, the annual inflation rate in the U.S. has slowed more than expected to 7.7% in October 2022 from an over 40-year high of 9.1% in June. The below chart using data from the U.S. Bureau of Statistics shows the inflation rate over the last 40 years and the increase of inflation in the U.S. since April 2020, and the start of the COVID-19 pandemic. INFLATION SINCE 1981 14.00% 12.00% 10.00% 8.00% 6.00% 4.00% 2.00% 0.00% -2.00% -4.06% r� n n 0 cov7 n rn r7 ua n o — r� n n a C9 CP W 0? 0? o. C. O. 0. m c�l C C C C C C C C C C C C C C C C C C C C C LS O O © O 6 Q a a O O O 6 6 d 6 O O O O 6 ':'..":. r:+. .::.�, ..,s.'J9 Y• i ,,,/".%/"r// // %/"r%/"•r.// // %/"r%/"•r.// // %/"r%/"•r.// // %/"r%/"•r.// // %/"r%/"•r.// // %/"r%/"•r.// // %/"r%/"•r.// // %/"r%/"•r.// // %/"r%/"•r.// // %/"r%/"•r.// // %/"•r.%/'�,�rr/ I ,t, - .�,.>•r. s,5, ,. Oi✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i O ,�%<,. ,!. ."�! !..✓ / o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o ,� L / /i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i✓i o Al LPA 2022.1 1.162 PAGE 22 ECONOMIC UPDATE CORPUS CHRISTI•TEXAS VACANT LAND GAS PRICES Since the beginning of 2022, the national average has remained above the 3 years prior and indicates a downward trend. Prices dropped 32 cents in July, and 79 cents in August. After a historic 98 day streak of falling gas prices, the average rose a penny near the end of September. The longest streak was 115 days in 2014-2015. There are several complicated, important factors involved in the increase and decrease in gas prices over the last several months.The following chart shows the national average gas price per gallon of the prior 3 years. GAS PRICES SING 2019 $6.00 $5.00 $3.76 $4.00 $3.00' $2.00 $1.00 Jan Feb Mar Apr May Jun Jull Aug Sep Oct Nov Dec 2019 2020 2021 2022 Source: J.S. Energy Information Administration The sharp increase can be contributed to the Russia/Ukraine war as Russia is the 2nd largest exporter of oil in the world. Since beginning in February 2022, the Russia/Ukraine conflict has caused Russia to become heavily sanctioned, playing an important factor in the increase of gas prices. Although the U.S. is the world's leading gasoline producer, production has decreased since late 2019.Additionally, refineries closing at the beginning of COVID-19 have led to a decrease in operating oil refineries leading to higher demand than supply. Refineries increase their rates when demand is higher than supply due to the need of the product and the increased willingness of people to pay for that product. Al LPA 2022.1 1.162 PAGE 23 ECONOMIC UPDATE CORPUS CHRISTI•TEXAS VACANT LAND Some reasons for the sharp decrease in gas prices involve panic over inflation driving down prices, people driving less due to the high gas prices, and the Biden administration's release of emergency oil from the national stockpile. SUPPLY CHAIN From producing parts out of steel and lumber,to shipping parts to manufacturing,to shipping to the consumer, every industry has some sort of supply chain. As businesses that were shut down at the start of COVID-19 re- opened, e-commerce accelerated the demand for products which quickly outpaced the capacity of manufacturing plants.The COVID-19 pandemic highlighted the dependence the United States has on imports from such countries as China. Businesses have begun to focus on near-sourcing materials close to the location of where they are manufactured and ultimately closer to the end users. A major reason for this has been the back up and delays at shipping ports. The need to decrease the demand at ports and delays was a major reason for companies to focus on manufacturing from home and focusing less on importing goods and materials. The supply chain issues began in 2020 after manufacturers began shutting down operations due to the COVID pandemic, starting with a global processor chip shortage as manufacturers could not produce enough to reach the ever-increasing demand. Transportation costs have increased substantially due to increases in fuel, inflation, as well as the conflict in Ukraine. This quickly trickled to other parts of the supply chain. CONCLUSION The current economic environment is ever changing. As mentioned previously, LPA is working diligently to capture and analyze current market data to reliably quantify impacts on real property values, national and regional. As the situation evolves, LPA is committed to monitoring current events and how they impact the commercial real estate market. Al LPA 2022.1 1.162 PAGE 24 SITE DESCRIPTION CORPUS CHRISTI•TEXAS VACANT LAND SITE DESCRIPTION PHYSICAL Location The subject property is located on the south side of Holly Road, east of Los Robles Street.As of the date of this report there is no physical address associated with the subject property. Legal Description Being 1.45-acre (63,000 SF) out of Lot 3, Block 1, Los Encinos Industrial Site, an Addition to the City of Corpus Christi, Nueces County, Texas. Size / Configuration / Flood Zone The subject site totals 1.45-acre (63,000 SF) and is rectangular in shape with a generally level topography. According to FEMA Rate Map No. 48355C0505G, effective October 13, 2022, #100% of the subject property is located in Shaded Zone X,an area within the 0.2%annual chance of flood (former 500-year flood plain)which is generally not limited from development. Additionally, it should be noted the subject property is out of a larger parent tract consisting of 3.2265 acres or 140,547 SF. A survey or plat of the subject has not been provided, thus we have relied upon our client for the size, shape and configuration of the subject property appraised herein. Frontage / Accessibility The subject's site displays adequate frontage to support a commercial and/or industrial use. The subject site is considered to possess adequate access to the subject's traffic carrier which is a secondary traffic carrier in average overall condition. Utilities Public water and sewer service are provided by the subject's municipality. According to city officials, these utilities are sufficient for the development in the area. In addition, the city provides fire and police protection along with garbage pick-up. Electrical and natural gas are provided by the region's typical providers. At the present time, all utilities appear to be sufficient for area development patterns. Soils The site's soil appears such that its load-bearing capacity does not restrict the construction of ordinary structural improvements. No evidence to the contrary was noted during our physical inspection of the site. Al LPA 2022.1 1.162 PAGE 25 SITE DESCRIPTION CORPUS CHRISTI•TEXAS VACANT LAND LEGAL Zoning / Restrictions As mentioned previously, the subject property is zoned "IL"- Light Industrial District by the City of Corpus Christi. The "IL"-Light Industrial District is intended to accommodate light manufacturing,fabricating,warehousing and wholesale distributing in buildings with access by major arterials,freeways or railroads in either central or outlying locations. The following graphics summarizes the basic permitted uses and building setback lines in the aforementioned district: Table 4.6.2 Permitted Uses(industrial districts) INDUSTRIAL DISTRICTS P=Permitted Use;L=Subject to Limitations;SUE=Special Use Exception;SP= It IH Standards Special Permit;[blank cell]=Not Permitted Residential Uses Caretakers quarters P P Upper-story residential unit within commercial business structures. L 5.2.1 Public and Civic Uses Commercial child care SP SP 5.2.4 Government Facility Uses[5.1.3.0] P P Medical FacoVoty Uses[5.1.3.E] P Parks and Open Area Uses[5.1.3.F]except for: P P --Cemetery,columbaria,mausoleum,memorial park SP for existing facilities expanding on adjacent or same property only ---Crematorium[human or animal] P P Golf course See Section 4.3.2 Passenger Terminal Uses[5.1.3.6]except for: P P ---Airport,helipad,heliport or landing field L L 5.2.2 Social Service Uses[5.1.3.14] P Utilities,major[5.1.3.1],except for: P P ---Wind energy units L L 5.6.4 Utilities,minor[5.1.3.H] IP P Wirelessteleccmmunication facility See Section 5.5 Commercial Uses Commercial Parking Uses[5.1.4.A] P Fairgrounds P Office Uses[5.1.4.C] P Restaurant Uses[5.1.4.F] P P Retail Sales and Service Uses,sales-and service-oriented[5.1.4.G.] Includes personal service uses P P Retail Sales and Service Uses,repair-oriented[5.1.4.G.] P P Self-Service Storage Uses[5.1.4.H] P P Sexually-oriented business P See Muni Code Ch. 48 Truck stop with overnight accommodations P P Vehicle Sales and Service Uses[5.1.4.1]except for: P ---Vehicle service,heavy P P Veterinarian or animal hospital without outdoor runs and kennels P Vocational,trade or business school P A� LPA 2022.1 1.162 PAGE 26 SITE DESCRIPTION CORPUS CHRISTI•TEXAS VACANT LAND Industrial Uses Light Industrial Service Uses[5.1.5.A] P P Warehouse and Freight Movement Uses[5.1.5.B) P P Waste-Related Service Uses[5.1.5.C) P P Wholesale Trade Uses[5.1.5.D] P P Heavy Industrial Uses[5.1.5.E]except for: SP P ---Tannery SP ---Stockyard SP ---Storage of explosives or other hazardous materials L L 5.2.22 Above ground fuel tanks SUE SUE Kennel or animal shelter,indoor or outdoor L L 5.2.18 Stable,public or private L L 5.2.19 Resource Extraction Uses[5.1.6.13] SP P Table 4.6.3 Nonresidential Use(industrial District) INDUSTRIAL DISTRICTS IL IH Min Lot Area(sq.ft.) Min.Lot Width(ft.) Min.Yards(ft.) ........................ Street 20 20 ......................... Street(corner) 20 20 ......................... Side(single) 0 0 Side(total) 0 0 Rear 0 0 Side and rear,abutting res.district 40 40 Max Height(ft.) See Section 4.2.8.0 Based on the preceding zoning information, the subject is a legally conforming use. Easements / Encroachments The subject site is encumbered by typical utility easements and a High Voltage Transmission Line (HVTL) extends along the northern property boundary. Due to the general location of these easements, they are not considered detrimental toward development and/or the site's overall marketability. No other detrimental easements and/or encroachments were noted upon physical inspection of the subject tract. It should be noted, however, that if a current survey map determines that adverse easement exist, these factors might impact the market value and/or the marketability of the subject property. Therefore, it is assumed that no easements and/or encroachments exist, which would adversely affect the marketability or desirability of the site. CONCLUSION Given the physical characteristics, the subject site is capable of being developed with a variety of industrial or commercial uses. Al LPA 2022.1 1.162 PAGE 27 AILM ;a .f' '�"efu LPPy,a Eq,, J .,.. � �'r * r ■ LP F--P,rk IT 404* max. Easy SW a y 'a '' �;'N�es a5enora x' n ;l,..o F ?a • >; ,�". � � .. 'v E c �Elgrne f r Ncn I ` �"�' e Gil ar "q snov ViaeO'Pijrii i SITE DESCRIPTION CORPUS CHRISTI•TEXAS VACANT LAND PLAT MAP y, 291£73 373244 19]871 •:7J 293+32 SUBJECT 2410112920 200112924 21,01,. 10 200112922 .26,523 391522 26t 5p9' 3762236 .'161$21 281498 54g89y. .761571 261488 (61524 ,281519 2fi 1497 - 26,525291518 261696' 5]693] 361526' .2615+7 ,261495' X61527 261516' .251494 1• 261520 261514 .261693 . 26,620 .261514 ,261492 2519]6 .51513 2` ' 1'9]936 - . .961561 2M1092 281/9a' "-.. 281566 .261511 26,512 28+559 291532- 26154t ,261558 26+551 251516' ,231562 281557.. 281534 :2619UR 251493 _� 25+974 1563 .261558 26 ' ..t4 .261535 A1608:261584'... 281555 r 261536 r'251967 - 25t973'... 26-585 26,554 261537 2` 28t56Ff 261553 29153d' A�l� 251966:' 251972 261551 78155T .7815'19 "�f.�•. 251959 2519( 281685 261566 Mimi /r`'�.'BY 970' 26 I r 261554 251481 25199917 251604 ''.q.• 261589 _ 25}971 26,603 291570 2ti1 S1H .. 751�8 !251996'... .951502' - T6157t 26,W 351 BHT 2515cfi. ,261PAp .261572 281517 251�8 251995".. .261607 36169a 261573 26t546 .252017. 251W9 .. 16wa'. 261599 .761574 261545 25,990.' �. 25189+ .. 231609 261598 28,513 26t644 252016 251N1 2616t8 7.61507 261576' '61545 2`+2015 ' 461811• 261596 261577 76$542' 2520.4. 251992 25200E . 261649 +\. .261811 .281595' 261578 :261541 .252813 251 -..` 983 .. . 281649 22616132,615K 361579 261548 .$ .'252012 781647 261614 2613 261580 / 252011. _ 26',648 .281615 2515FQ .261561 / 4 252007 261650 .261&15...,.. 261616 1 'yG 1591 26!633'r t 292019.. .•�..... 961851 - 761649 281617 2815fA t� .261593 z' j 262009 28165 .251613 :261818 261589 // 252000 261853281642 2818•.9 ] 261565 .'261686 26,641 2fi1fi20 ni.997 _. ...�.. 6+6.+1, 261671 ' 3615a8 . A� LPA 2022.1 1.162 PAGE 29 SITE DESCRIPTION CORPUS CHRISTI•TEXAS VACANT LAND ZONING MAP SUBJECT IL A� LPA 2022.1 1.162 PAGE 30 SITE DESCRIPTION CORPUS CHRISTI•TEXAS VACANT LAND r ; FLOOD MAP .4 a SUBJECT r Jnr x. r,M REFERENCE LAYERS 1 r NFHL Data Available Panel Boundary � � '.. �LOHR Boundary SPECIAL FLDOO HAZARD AREAS I%Amulal Chance Flood Hazard 'cr,e A,AC.Aft A Q AkA/t V e,E Regnlafory Flpgd!uap � OTHER AREAS OF FLDOD HAZARD ~ 02,M.A.n ua IChe.-Fhnd R.-,d "k a Fvb urdihans I%Annual [J Cha-Flood Haaard s Ara milk R,d d Flocd Risk M... .. du it L e,,ee- rv. Areas JrRs d e tie 02°6 Annual Chance Floodpla n Areas of Undaharmined Flood s' ` Hazaed�ar�. CR�L]SS SECTIONS b DFES Cross Sedhons wdh i%Annual +" ani Chance Water Surlace Bemlion .F. __._Coaeml Transect —..—_-..Coastal Transect9aselmePralil '~ - Baje Baseline —n+---Bas¢Flood El¢uatinn SUPPORTING INFOR 707 �eJurisdictional Boundary FEMA Flood Insurance Rate Map No. 48355C0505G, effective October 13, 2022 A� LPA 2022.1 1.162 PAGE 31 PROPERTY HISTORY CORPUS CHRISTI•TEXAS VACANT LAND PROPERTY HISTORY Ownership of the subject property is currently vested in Wayne White and Wife, Dolores White, as evidenced by the county deed records. No transactions related to the subject property were reported in the three-year period prior to the date of this report. It is noted the subject property is a part of a larger parent tract consisting of 3.2265 acres or 140,547 SF,which is improved with a metal industrial building on the western portion of the parent tract.There are no known current listings, offers,options or contracts pertaining to the subject property. No other property history was provided. The following is the subject's ownership information from the Nueces County Appraisal District: Account Property ID: 200113310 Legal Description: LOS ENO NQS IN DUSTRI AL 5ITE 8 L 1 LOT Geographic ID: 4580.0001-0030 Zoning: COMMERCIAL Type: Real Agent Code: Property Use Code: LIB Property Use Description: LIGHT INDUSTRIAL BLDG Location Address: 1401 HOLLY RD ILOS ROBLE51 Mapsca: CORPUS CHRISTI,T%78417 Neighborhood: LOS ENCINOS INDUSTRIAL SITE Map ID: U-247A Neighborhood CD: 54580 Owner Name: WHITE WAYNE AND WP.DOLORES WHITE Owner 1D: 481498 Mailing Address: PO Bae 270265 %Qwnershlp: 1000000000000% Corpus Christi,TK 78427-0265 Exemptions: Al LPA 2022.1 1.162 PAGE 32 REAL ESTATE TAXES CORPUS CHRISTI•TEXAS VACANT LAND REAL ESTATE TAXES The subject property is located in Corpus Christi, Nueces County, Texas and is taxed based on values established by the county tax assessors.The tax rates are applied to the assessed value of the subject property, and the taxes for the subject property are then estimated.The taxes are estimated per$100 of assessed value. This property is subject to taxes for the City of Corpus Christi, Corpus Christi Independent School District, and Nueces County. It is noted the subject property is a part of a bigger parent tract consisting of 3.2265 acres or 140,547 SF. The subject property analyzed herein consists of 1.45 acres or 63,000 SF of vacant land. The subject parent tract currently displays a land only market assessment of $210,821 ($1.50/SF); since the subject of this report is located within the parent tract we have taken the per SF assessed value and applied it to the subject tract. As such, the subject property indicates a projected assessed value of 94,500 or $1.50/SF. The parent tract's assessed value and the subject property's project assessed value are considered to be favorable based on the concluded market value herein. The subject's projected taxes are calculated as follows: PROPERTY TAX CALCULATION Account #: 200113310 Authority Assessed Value Rate /$100 Tax Liability City $94,500 $0.6202610 $586 County $94,500 $0.6566090 $620 School $94,500 $1.21 1 1000 $1,144 $2.4879700 $2,350 Al LPA 2022.1 1.162 PAGE 33 HIGHEST&BEST USE CORPUS CHRISTI•TEXAS VACANT LAND HIGHEST & BEST USE The Appraisal Institute defines highest and best use as follows: "The reasonably probable and legal use of vacant land or an improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value." The four criteria the highest and best use must meet are: PHYSICALLY POSSIBLE LEGALLY PERMISSIBLE What uses of the site in question are What uses are permitted by zoning and physically possible? deed restrictions? FINANCIALLY FEASIBLE MAXIMALLY PRODUCTIVE Among the financially feasible uses that Which possible and permissible uses will are physically possible and legally produce a net return to the owner of the permissible, which use will produce the site? highest net return or the highest present worth? There are two types of highest and best use studies. The first is the highest and best use of the land or site as though vacant.The second is the highest and best use of the property as improved. The highest and best use of land or a site as though vacant assumes that the parcel is vacant or can be made vacant by demolishing any improvements. The question to be answered in this analysis is: If the land is, or were vacant, what use should be made of it? The highest and best use of a property as improved pertains to the use that should be made of an improved property in light of its improvements.Should it be maintained as it is, or be renovated, expanded, demolished, or partly demolished? Should it be replaced with a different type or intensity of use, or should it be held as an interim use? The improvements should be retained as long as they have some value and the return from the property exceeds the return that would be realized by a new use, after deducting the costs of demolishing the old building and constructing a new one. Al LPA 2022.1 1.162 PAGE 34 HIGHEST&BEST USE CORPUS CHRISTI•TEXAS VACANT LAND HIGHEST & BEST USE - AS IF VACANT Physically Possible The subject site totals 1.45-acre (63,000 SF) and is rectangular in shape with a generally level topography. As of the date of this report there is no physical address associated with the subject property. It should be noted the subject property is part of a larger parent tract consisting of 3.2265 acres or 140,547 SF. As a survey or plat of the subject was not provided, thus we have relied upon our client for the size, shape and configuration of the subject property appraised herein.According to FEMA Rate Map No.48355C0505G, effective October 13, 2022, #100% of the subject property is located in Shaded Zone X, an area within the 0.2% annual chance of flood (former 500-year flood plain) which is generally not limited from development. Accessibility to the site is via curb cuts along the traffic carrier. Overall, access is considered average. The property has all necessary utilities in place. The site is primarily surrounded by industrial/commercial uses to the north, east, and west, and residential uses to the south. Access to the subject's neighborhood is considered average due to its location near area primary traffic carriers. The principle of conformity is an important consideration in determining the physically possible uses of a site. Conformity is the appraisal principle that holds that real property value is created and sustained when the characteristics of a property conform to the demands of its market. The styles and uses of the properties in an area may conform for several reasons, including economic pressures; the shared preferences of owners for certain types of structures,amenities,services;and the enforcement of uniform standards by zoning ordinances. Based on the subject's physical characteristics and the principle of conformity, the subject site would most likely be developed with an industrial or some type of commercial use. Legally Permissible As mentioned previously, the subject site is zoned "IL"-Light Industrial District by the subject's municipality.This district allows for a wide array of industrial and commercial uses. This zoning provides for a uniform set of standards for development, including parking and building setbacks. Other than zoning, no private deed restrictions were uncovered during a normal investigation, which would further limit the potential uses of the subject site. Nonetheless, a title policy is strongly suggested in order to guarantee the absence of adverse restrictions. No other legal restrictions or covenants were found to be imposed on the subject property at the time of the appraisal,which would further restrict its development.The site's zoning requirements support the physical indication that the site's most probable use,as if vacant,would be for some form of industrial or commercial use. Al LPA 2022.1 1.162 PAGE 35 HIGHEST&BEST USE CORPUS CHRISTI•TEXAS VACANT LAND Financially Feasible & Maximally Productive The prior consideration of physically possible uses and legally permissible does not significantly narrow the use of the subject property. There are no financial barriers preventing development of a commercial improvement. Cost for utilities and infrastructure would add value to the site's current vacant condition; thus, it appears that commercial and/or residential development is feasible. After considering legal, physical, and financial alternatives, it is our opinion that the highest and best use of the subject site, as if vacant, is for industrial or commercial use. Al LPA 2022.1 1.162 PAGE 36 LAND VALUATION CORPUS CHRISTI•TEXAS VACANT LAND LAND VALUATION The principles of real estate appraisal are basic to the sales comparison approach; however, one of the most important is the principle of substitution. "As applied to the sales comparison approach, the principle of substitution holds that the value of a property tends to be set by the price that would be paid to acquire a substitute property of similar utility and desirability." The sales comparison approach is a method of estimating market value whereby a subject property is compared with comparable properties that have sold recently. One premise of the sales comparison approach is that the market will determine a price for the property being appraised in the same manner that it determines the prices of comparable, competitive properties. Essentially, the sales comparison approach is a systematic procedure for carrying out comparative shopping. As applied to real estate, the comparison is applied to the unique characteristics of the economic good that cause real estate prices to vary. Al LPA 2022.1 1.162 PAGE 37 LAND VALUATION CORPUS CHRISTI•TEXAS VACANT LAND �_'7— COMP MAP ~�� trade�,ds Edro 1 atrico ode �\ \\\\161 G1.gory C ® Doyle Port and Ingleside ____, Nueces.BaY 1B1 COMP 3 Ingleside on the Bey COMP 1 ''' Texas State Aquarium COMP2 N wE T -- coRnas cnasri �Corpus Christi CENTRAL CITY Tw-Veme n� COMP S COMP C SOlITN ITT SUBJECT -rrc,r Ja r 4�ouR ewFFi O I +, ffil a Pg((f.2/stand A� LPA 2022.1 1.162 PAGE 38 LAND VALUATION CORPUS CHRISTI•TEXAS VACANT LAND COMPARABLE 1 -��!.� ti�l�','";�j�lfP��1�;��►'`�, � " dry , Address/ TBD U.S Highway 77, Date of Sale November 14, 2022 Location Robstown,Texas Sale Price $261,360 Price Per Acre $130,680 PHYSICAL DATA Price Per SF $3.00 Size (acres) 2.000 Size (SF) 87,120 Grantor Deluxe Finance, Inc. Zoning None Grantee Duke Canchola Shape Rectangular Recording 2022051428 Topography Generally Level Confirmation Contract of Sale Utilities Available The property is located along the west line of U.S Highway 77, north of County Road 48. No flood zone is noted. The property was purchased for future light industrial development. Al LPA 2022.1 1.162 PAGE 39 LAND VALUATION CORPUS CHRISTI•TEXAS VACANT LAND COMPARABLE 2 77 Address/ TBD U.S Highway 77, Date of Sale August 25, 2022 Location Robstown,Texas Sale Price $70,000 Price Per Acre $101,156 PHYSICAL DATA Price Per SF $2.32 Size(acres) 0.692 Size(SF) 30,144 Grantor Joe Poses Public Adjuster Pension Plan Zoning None Grantee C.C. Deluxe Properties, LLC Shape Rectangular Recording 2022040515 Topography Generally Level Confirmation Contract of Sale Utilities Available The property is located along the west line of U.S Highway 77, north of County Road 44. No flood zone is noted. The property was listed on April 2, 2019 for one year with a listing price of$120,000. Per conversation with the buyer, an off market offer of$70,000 was made to the current owner and was accepted as they were motivated to sell. 1 Al LPA 2022.1 1.162 PAGE 40 LAND VALUATION CORPUS CHRISTI•TEXAS VACANT LAND COMPARABLE 3 Address/ 1378 Thirty Seven Court, Date of Sale August 4,2021 Location Corpus Christi,Texas Sale Price $205,000 Price Per Acre $122,024 PHYSICAL DATA Price Per SF $2.80 Size(acres) 1.68 Size(SF) 73,181 Grantor MMJ Pumps,LLC Zoning IL Grantee EDM Properties,LLC Shape Irregular Recording 2021032629 Topography Generally level Confirmation Broker Utilities All Available Located along the east side of Thirty Seven Court,just south of Interstate Highway 37.No flood zone is noted. Source:Wade Spenst (361)834-6333 Al LPA 2022.1 1.162 PAGE 41 LAND VALUATION CORPUS CHRISTI•TEXAS VACANTLAND COMPARABLE 4 r � N w t � 9qW • • Address/ TBD Kostoryz Road, Date of Sale June 17, 2021 Location Corpus Christi, Texas Sale Price $165,000 Price Per Acre $205,660 PHYSICAL DATA Price Per SF $4.72 Size (acres) 0.802 Size (SF) 34,948 Grantor Anthony Shamoon Zoning RM-2-Multi-Family Grantee V ictor Valdez Shape Rectangular Recording 2021031170 Topography Generally level Confirmation Broker Utilities AIIAvailable • The property is located on the southeast side of Kostoryz, south of Crestwater Drive. The property has all utilities available and is zoned RM-2 which allows for multi-family residential uses and some day care, funeral home, and educational uses. Broker: Joe Esquivel 361.225.7900. Al LPA 2022.1 1.162 PAGE 42 LAND VALUATION CORPUS CHRISTI•TEXAS VACANT LAND COMPARABLE 5 r i +F. F z Address/ SEC Talbert Lane &Agnes Street, Date of Sale A pIil 5, 2021 Location Corpus Christi,Texas Sale Price $212,500 Price Per Acre $106,250 DESCRIPTIONPHYSICAL Price Per SF $2.44 Size(acres) 2.00 Size(SF) 87,120 Grantor: Coastal Bend Rent A Car Inc Zoning IL Grantee: TSWS Environmental Properties, LLC Shape Irregular Recording 2021 01 61 20 Topography Generally Level Confirmation Broker Utilities Available This property is located on the southeast corner of Talbert Lane and Agnes Street.No flood zone is noted. Source:Gene Guernsey (361)993-8018 Al LPA 2022.1 1.162 PAGE 43 LAND VALUATION CORPUS CHRISTI•TEXAS VACANT LAND LAND SALES SUMMARY The market data utilized for the basis of this analysis is considered the best available and indicative of current market trends for undeveloped land in the subject market area. Components that affect the sale price of vacant land are numerous, but the most prominent are property rights conveyed, terms, conditions of sale, market conditions, size, location, physical features,zoning, and public utility availability. Property Rights The adjustment for property rights conveyed recognizes that differences in legal interest or estate between the subject and the comparable properties may occur. In this analysis,all the sales occurred in fee simple title. With respect to this factor, no adjustments were warranted. Financing Terms The adjustment for cash equivalency takes into account the fact that the transaction price of the comparable property may not be equal to its cash equivalent price. All the sales utilized in this analysis were cash to seller transactions or transactions involving market financing, and no adjustment for cash equivalency was necessary. Conditions of Sale Adjustments for conditions of sale are intended to recognize motivations of the buyer and the seller that are unique to ordinary market conditions. All of the comparable market data utilized herein were arm's length transactions. With respect to this factor, comparable 2 indicates an upward adjustment as the seller was motivated to sell the property. Market Conditions Each of the previous sales have been given consideration for the lapse of time between the date of sale and the effective date of this appraisal (market condition).The available market data was analyzed in an attempt to extract an adjustment for this factor. Comparables 3, 4, and 5 display upward adjustments to account for improving market conditions since their dates of sale. Location Differences in value occur due to varying degrees of accessibility, exposure, and surrounding development to a site.Access is often determined by corner locations, natural barriers,ease of entrance on and off of major thoroughfares, etc. Surrounding development also plays an important part of locational influences for a property. With respect to this factor, Comparable 4 is located along a superior traffic carrier, as such, a downward adjustment is displayed. Al LPA 2022.1 1.162 PAGE 44 LAND VALUATION CORPUS CHRISTI•TEXAS VACANT LAND Size Size is a factor that must be considered when comparing vacant land sales. Typically, but not always, larger tracts sell for a lower unit value. Therefore, when making comparisons on a per unit basis, such as price per unit, the larger tracts tend to be adjusted upward and the smaller tracts tend to be adjusted downward to accurately reflect the differences. With respect to this factor, materially larger tracts of land were adjusted upward accordingly, and materially smaller tracts of land were adjusted downward accordingly. Physical Features The overall site characteristics of each sale have been compared to the subject site.These include traits such as drainage, site preparation expense, topography, and configuration. Configuration, if irregular, may limit development. With respect to this factor, Comparable 2 indicates an upward adjustment to account for the inferior topography and brush that would need to be cleared and leveled to be developed. Utilities The availability of public utilities such as water, electric power and sanitary sewer service have an impact on property values since the non-availability of such utilities could restrict the overall development and/or potential use of an individual site.Therefore,when analyzing vacant land, it is important to determine whether or not public utilities are available. If they are not available, the appraiser must examine to what extreme a potential developer would have to go in gaining access to such services. With respect to this factor, no adjustments are indicated. Zoning/Use Adjustments for zoning typically recognize the different densities and restrictions of different zoning classifications, as well as use potential, and directly relates these differences between the comparable sales and the subject property. The zoning classifications and/or use potential for the sales utilized are deemed similar to that of the subject. With respect to this factor, Comparables 1 and 2 display slight downward adjustments as they are not subject to zoning restrictions, but are surrounded by other industrial uses. Comparable 4 indicates a greater upward adjustment as it is zoned for multi-family/residential uses. Al LPA 2022.1 1.162 PAGE 45 LAND VALUATION CORPUS CHRISTI•TEXAS VACANT LAND CONCLUSION In the final analysis of the subject property, similar weight was given to all of the sales. The following is the adjustment table with the concluded opinion of value via the Sales Approach. SUBJECT 1 2 3 4 5 Date Current Nov-22 Aug-22 Aug-21 Jun-21 Apr-21 Sale Price $261,360 $70,000 $205,000 $165,000 $212,500 SIZE-SF 63,000 87,120 30,144 73,181 34,948 87,120 Unit Price($/SF) $3.00 $2.32 $2.80 $4.72 $2.44 TRANSACTION ADJUSTMENTS Similar Similar Similar Similar Similar Property Rights Fee Simple 0% 0% 0% 0% 0% $3.00 $2.32 $2.80 $4.72 $2.44 Similar Similar Similar Similar Similar Financing Terms Cash 0% 0% 0% 0% 0% $3.00 $2.32 $2.80 $4.72 $2.44 Normal Motivated Seller Normal Normal Normal Conditions of Sale Arm's Length 0% 35% 0% 0% 0% $3.00 $3.13 $2.80 $4.72 $2.44 Nov-22 Aug-22 Aug-21 Jun-21 Apr-21 Market Conditions Current 0% 0% 3% 5% 7% $3.00 $3.13 $2.89 $4.96 $2.61 PROPERTY ADJUSTMENTS Similar Similar Similar Superior Similar Location Average 0% 0% 0% -15% 0% Size-SIF 63,000 87,120 30,144 73,181 34,948 87,120 5% -10% 0% -10% 5% Physical Features Average Similar Inferior Similar Similar Similar 0% 10% 0% 0% 0% Utilities All Available Similar Similar Similar Similar Similar 0% 0% 0% 0% 0% Superior Superior Similar Superior Similar Zoning CG-2 -5% -5% 0% -10% 0% Total Adjustment 0% -596 0% -3596 596 Adjusted$/Acre $3.00 $2.98 $2.89 $3.22 $2.74 Adjusted Mean$/Acre $2.97 A value generally in line with the mean is considered reasonable ConcludedUnit Value $3.00 Land Size(Acres) 63,000 Value Indication $189,000 Concluded Value $190,000 r� LPA 2022.1 1.162 PAGE 46 RECONCILIATION CORPUS CHRISTI•TEXAS VACANT LAND RECONCILIATION In the preceding sections of this report, an indication of value based upon the Sales Approach has been developed by processing data considered applicable and significant to the approach with respect to the subject. As a result, the following opinion of value was developed: SALES APPROACH $ 190,000 This appraisal, subject to the assumptions and limiting conditions as expressed herein and conducted according to the Uniform Standards of Professional Appraisal Practice, led us to the opinion that the subject property has a market value of: VALUE CONCLUSION Status Interest Date Value As Is Fee Simple December 2, 2022 $190,000 Al LPA 2022.1 1.162 PAGE 47 MARKETING/EXPOSURE TIME CORPUS CHRISTI•TEXAS VACANT LAND MARKETING / EXPOSURE TIME Consideration has been given to a reasonable estimated exposure and marketing period estimate for the subject property. Exposure Time as it relates to the subject is utilized in establishing market value. The Comment to Standards Rule 1-2 (c) of USPAP states that when estimating market value, the appraiser should be specific as to the estimate of exposure time linked to the value estimate. Reasonable exposure time is one of a series of conditions in most market value definitions. Exposure time is always presumed to precede the effective date of the appraisal. Exposure time may be defined as follows: the estimated length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal. Marketing Time is a function of various factors including, prevailing market conditions, the price of the product being marketed, the competitive position of the property in the market, and the amount and quality of marketing effort allocated to the property. It is strongly emphasized that the appraisers have no control of the aforementioned factors, nor can the appraisers anticipate or predict any of them. Therefore, it assumed that the property would receive an adequate marketing effort. Therefore, an estimated marketing period of 12 months or less and an exposure time of 12 months or less is considered reasonable. Al LPA 2022.1 1.162 PAGE 48 ASSUMPTIONS&LIMITING CONDITIONS CORPUS CHRISTI•TEXAS VACANT LAND ASSUMPTIONS & LIMITING CONDITIONS "Report"signifies the appraisal or consulting report and its conclusions,to which these Assumptions and Limiting Conditions are annexed. "Property"signifies the subject of the Report. "LPA"means Lowery Property Advisors,LLC,or its subsidiary that issued the Report. "Appraisers)"means the employee(s) of LPA who prepared and signed the Report. The Report has been made subject to the following assumptions and limiting conditions: • Unless otherwise specifically noted in the body of the report,it is assumed that the title to the property or properties appraised is clear and marketable and that there are no recorded or unrecorded matters or exceptions to title that would adversely affect marketability or value. LPA is not aware of any title defects nor has it been advised of any representations relative to the condition of the title. LPA has not reviewed any documents dealing with liens,encumbrances,easements,deed restrictions,clouds and other conditions that may affect the quality of the title. Insurance against financial loss resulting in claims that may arise out of defects in the subject's title should be sought from a reputable title company which specializes in real property. • Unless otherwise stated in this report,the existence of hazardous material,which may or may not be present on the property was not observed by the appraisers. LPA has no knowledge of the existence of such materials on or in the property. LPA, however, is not qualified to detect such substances. The presence of substances such as asbestos, urea formaldehyde foam insulation, contaminated groundwater or other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on or in the property that would constitute a loss in value.No responsibility is assumed for any such conditions, or for any expertise or engineering knowledge required to discover them.The client is urged to retain an expert in this field, if desired. LPA has inspected as thoroughly as possible by observation. However, it was impossible to personally inspect conditions beneath the soil.Therefore, no representation is made as to these matters unless specially considered in the appraisal. • The property is appraised free and clear of any or all liens or encumbrances unless otherwise stated. • Responsible ownership and competent property management are assumed. • The information furnished by others is believed to be reliable. However, LPA gives no warranty for its accuracy. • LPA assumes that all engineering is correct.The plot plans and illustrative material in this report are included only to assist the reader in visualizing the property. • If provided, the estimated insurable value is included at the request of the client and has not been performed by a qualified insurance agent or risk management underwriter.The cost estimate should not be solely relied upon for insurable value purposes. The appraisers are not familiar with the definition of insurable value from the actual insurance provider, the local government underwriting regulations,or the types of insurance coverage available. LPA has followed traditional appraisal standards to develop a reasonable calculation based upon industry practices and industry accepted publications such as the Marshall Valuation Service handbook.Actual construction costs can vary greatly from this estimate.These factors can impact cost estimates and are beyond the scope of the intended use of this appraisal.The appraisers are not cost experts in cost estimating for insurance purposes. • LPA assumes that there are no hidden or unapparent conditions of the property, subsoil, or structures that render it more or less valuable. No responsibility is assumed for such conditions or for arranging for engineering studies that may be required to discover them. • It is assumed that there is full compliance with all applicable federal, state and local environmental regulations and laws unless noncompliance is stated,defined,and considered in the Appraisal Report. • All applicable zoning and use regulations and restrictions are assumed to have been complied with, unless a nonconformity has been stated,defined,and considered in the Appraisal Report. • Required licenses,certificates of occupancy,consents,or other legislative or administrative authority from any local,state,or national government or private entity or organization are assumed to have been or can be obtained or renewed for any use on which the value estimate contained in this report is based. Al LPA 2022.1 1.162 PAGE 49 ASSUMPTIONS&LIMITING CONDITIONS CORPUS CHRISTI•TEXAS VACANT LAND • The utilization of the land and improvements is assumed to be within the boundaries or property lines of the property described and that there is no encroachment or trespass unless noted in the report. • All information, comments and conclusions pertaining to subject and other properties described represent the opinion of the appraiser formed after a personal examination of each. • The appraiser has no interest, present or prospective,in the subject property. • Sketches in this report are included to assist the reader in visualizing the property. • LPA assumes that there are no hidden or unapparent conditions of the appraised property, which would render it more or less valuable. Furthermore, the appraisers assume that there are no potentially harmful asbestos or other materials and/or site contaminants in, on, or near soil, subsoil, or structure of the appraised property and that there has been no disposal, discharge, leakage, or spillage of pollutants or contaminant which would render it more or less valuable, whether or not these materials or contaminants are apparent or hidden and unapparent. • No responsibility is assumed by the appraisers for these conditions. In addition, no responsibility is assumed by LPA for the cost of engineering and/or laboratory studies which might be required to discover such materials or contaminants.And no such engineering or laboratory studies have been ordered for the appraised property. • Disclosure by the appraiser of the contents of this Appraisal Report is subject to review in accordance with the by-laws and regulations of The Appraisal Institute. • The distribution, if any, of the total valuation in this report between land and improvements applies only under the stated program of utilization.The separate allocations for land and buildings must not be used in conjunction with any other appraisal and are invalid if so used. • Possession of this report,or a copy thereof,does not carry with it the right of publication,unless prior arrangements have been made. • The appraiser, by reason of this appraisal, is not required to give further consultation, testimony, or be in attendance in court with reference to the property in question unless arrangements have been previously made. • Neither all nor any part of the contents of this report especially any conclusions as to value,the identity of the appraiser,or the firm with which the appraiser is connected) shall be disseminated to the public through advertising,public relations, news,sales,or other media without prior written consent and approval of the appraiser. • This appraisal was made in accordance with the Code of Professional Ethics and Uniform Standards of Professional Appraisal Practice as promulgated by the Appraisal Foundation and the Appraisal Institute. • Acceptance of and/or use of this report constitutes acceptance of all assumptions and limiting conditions stipulated. • The Americans with Disabilities Act("ADA") became effective January 26, 1992.LPA has not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA.It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act.If so,this fact could have a negative effect upon the value of the property.Since we have no direct evidence relating to this issue,we did not consider possible non-compliance with the requirements of ADA in estimating the value of the property. • Unless otherwise noted in the body of the report,it is assumed that there are no mineral deposits or subsurface rights of value involved in this appraisal,whether they are gas,liquid, or solid. Nor are the rights associated with extraction or exploration of such elements considered unless otherwise stated in this Appraisal Report. Unless otherwise stated, it is also assumed that there are no air or developments rights of value that may be transferred. • By use of this Appraisal Report,each party that uses this Report agrees to be bound by all of the Assumptions and Limiting Conditions, Hypothetical Conditions and Extraordinary Assumptions stated herein. Al LPA 2022.1 1.162 PAGE 50 CERTIFICATION CORPUS CHRISTI•TEXAS VACANT LAND CERTIFICATION We certify to the best of our knowledge and belief: • The statements of fact contained in this report are true and correct. ■ The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and is our personal,impartial and unbiased professional analyses, opinions, and conclusions. • We have no present or prospective interest in the property that is the subject of this report and have no personal interest in or bias with respect to the parties involved with this assignment. • Our engagement in this assignment was not contingent upon developing or reporting predetermined results. • We have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. ■ Our compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client,the amount of the value opinion,the attainment of a stipulated result or the occurrence of a subsequent event directly related to the intended use of this appraisal. ■ Our analyses,opinions,and conclusions were developed,and this report has been prepared in conformity with the Uniform Standards of Professional Appraisal Practice, as well as the State of Texas. ■ James Burbach,MAI and Jeffrey K.Walters made a personal inspection of the property that is the subject of this report.Mario Caro, MAI,AI-GRS,SR/WA did not make a personal inspection of the property that is the subject of this report. • No one provided significant real property appraisal assistance to the person(s) signing this certification. • This appraisal assignment was not based upon a requested minimum valuation, a specific valuation, or the approval of a loan. • As of the date of this report, Mario Caro, MAI, AI-GRS, SR/WA and James Burbach, MAI have completed the continuing education program for Designated Members of the Appraisal Institute. Moreover, the reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics & Standards of Professional Appraisal Practice of the Appraisal Institute, which include the Uniform Standards of Professional Appraisal Practice. ■ The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. ■ We have not provided any services, as an appraiser or in any other capacity regarding the property that is the subject of this report within a three-year period immediately preceding acceptance of this assignment. MARIO CARO,MAI,AI-GRS, SR/WA JAMES BURBACH,MAI Certificate No.TX-1334889-G Certificate No.TX1334443-G !/t/ a_ JEFFREY K.WALTERS Certificate No.TX1380924-G A� LPA 2022.1 1.162 PAGE 51 ADDENDUM CORPUS CHRISTI•TEXAS VACANT LAND ADDENDUM Al LPA 2022.1 1.162 PAGE 52 F MARIO CARO, MAI, AI-GRS, SR/WA EXPERIENCE Mario Caro has served as Managing Director of LPA San Antonio since 2016, LPA is a commercial appraisal and consulting firm completing a wide range of projects throughout the southwest. Property types include, but are not limited to office, retail, industrial, multi-family, mixed-use, self-storage, hotel / motel, carwash, vacant land, SAN ANITCNIC daycare, subdivisions, and special use. 100 NE Loop 410 #1350 Mario began his appraisal career in 2001 with a regional appraisal company in Houston and specialized in right-of-way and eminent domain appraisal on public and private San Antonia,TX 78218 projects nationwide. In 2005, he returned to his hometown in San Antonio and joined a boutique appraisal firm providing right-of-way and commercial valuation. After 10 direct 210.528.1491 years, he moved to the largest global real estate valuation firm and appraised high- mario0glawerypa.com profile commercial properties in addition to initializing their right-of-way practice. Mario has 20 years'experience appraising for litigation and legal support matters in both federal and state courts. Numerous clients, including public agencies, attorneys, title companies, and lenders nationwide have relied on his expertise in an appraiser and review appraiser capacity. Mario has provided expert witness testimony and support on a variety of property types for public transportation, utility and recreational corridors, and drainage facilities. PROFESSIONAL ASSOCIATIONS ■ Appraisal Institute International Right-of-Way Association ■ MAI and AI-GRS designations ■ Designated Member(SR/WA) • First and Second Vice President 2021 & • Treasurer 2020-2021,South Texas 2020,South Texas Chapter • Secretary 2019-2020,South Texas ■ Treasurer 2019,South Texas ■ Activltres Chair 2012-2013, South ■ Secretary 2018,South Texas Texas ■ Regional Rep 2020-2021,South Texas ■ Education Chair 2020,South Texas ■ Board of Directors 2014-2017, South Texas Chapter ■ Alternate Regional Rep 2014-2019, South Texas Chapter ■ Candidate Guidance Chair 2014- Present,South Texas Chapter LICENSES EDUCATION Certified General Texas General Appr. BS-Texas A&M University-Agribusiness TALCS Real Estate Appraiser TX 1334889 G Coursework for MAI designation Louisiana General Appr. Appraiser: MARIOAMOHiaCAav G4402 Coursework for SR/WA designation License M: T%13348896 License=r:iirrs:05/31/2023 Coursework for AI-GRS designation Narrn6 pranded se[isfxtery-i--.of :he.r.el,."t I>dby the Texas'Appraiser L'rc—in8 and Certif'rai Act,0—p--, Code,Chapter 1103,a uthori-tion is ted m use this title: i. Grtlflgtl Gr.nei al teal 6talx Appr.-r _G,'er cMMu pxMehx Far additional infarmation or to fine a complain[pleas contact TALC6 cen.,.hyun.r at rnrw.tale6.fe:av gar. LPA i JAMES BURBACH, MAI CORPUS CHRISTI EXPERIENCE 800 N Shoreline Blvd, #400 James Burbach served as Managing Director of LPA Corpus Christi since 2021. LPA is a Corpus Christi,Texas 78401 commercial appraisal and consulting firm completing a wide range of projects throughout the southwest. Property types include, but are not limited to office, retail, industrial, multi-family, mixed-use, self-storage, hotel / motel, carwash, vacant land, direct 361.884.6449 daycare, subdivisions, and special use. jburbachClowerypa.com After completing his graduate work, Mr. Burbach formed the appraisal division of The Wheeler Company in La Crosse, Wisconsin, a regional commercial / residential brokerage firm. Relocating to Denver, Colorado in 1979, he became Vice President of Joseph Farber and Company, and subsequently,the manager of the appraisal division in Denver for the national accounting firm of Leventhal & Horwath, specializing in the hospitality industry. Mr. Burbach was a partner in the appraisal firm of Scott, Stahl, Burbach & Decker for nine years before joining the Denver office of Integra Realty Resources as a Director. Relocating to Corpus Christi, Texas in 2005, he was a Vice President with American Appraisers before starting Burbach &Associates, Inc.in 2008. James has provided litigation support for condemnation, foreclosure, and bankruptcy cases, serving as an expert witness on valuation issues. He has appraised commercial properties throughout the country including the states of Alabama, Arizona, Colorado, Georgia,Iowa,Minnesota,Montana,Nevada,New Jersey, New Mexico,Oregon,South Dakota, Tennessee, Texas, Utah, Wisconsin, and Wyoming. PROFESSIONAL ASSOCIATIONS PUBLICATIONS ■ Appraisal Institute 0 Real Estate Investment Survey West ■ MAI designation Central United States-Published Semi ■ A Past President of the Colorado Annually Since the 1980s. Chapter of the Real Estate Securities ■ Article "What to Look for In and Syndication Institute (RESSI) Discounted Cash Flow Software" The ■ Previously Licensed Real Estate Broker Appraisal Journal, April 1990. in Colorado & Wisconsin ■ Member of the Appraisal Committee establishing the Appraiser Licensing Legislation for the State of Colorado. LICENSES EDUCATION Certified General Texas General Appr. TALCB Real Estate Appraiser BBA-University of Wiscc�r sin-Finance TX 1334443 G MS- University of Wig,__nsin -Real Estate Appraiser: JAMES ROBERT RURRACH Appraisal & Inv:_�t,i lent Analysis Llcensest: TX1334443G LlcenseExplres:12�31�2023 Coursework for MAI desi,:nation Haring provided aci:faaory evidence of She qualiflco-lons required by the Texas Appraiser Llccneing and Cery leaelo a Act.Occu wins Coursework for State of T. xas & Al Cvdc,Chapter 1103,au hvrieativn isgr ted to use thls title' Cc rtifed Gcnerni Real Estate Appraiser _.- ktltelser aucYhvlrcx Far additional information or to File acamplainY please contact TALCB Ea..al,aiu.e atw nlch.tek _goa. LPA JEFFREY WALTERS f CORPUS CHRISTI APPRAISAL / REAL ESTATE EXPERIENCE 800 N Shoreline Blvd #400 July 2021 to Present: Director at Lowery Property Advisors, LLC Corpus Christi,Texas 78401 March 2020 to July 2021:Senior Associate at Lowery Property Advisors, LLC Direct 361.232.4700 August 2016 to February 2020: Certified Appraiser at Allen, Williford&Seale Inc. petfzq,lowerypa.com Types of properties appraised include commercial, industrial, agricultural, submerged land,subdivisions,apartments,vacant land,and other types of special use commercial properties, partial acquisitions and eminent domain/condemnation appraisals, EDUCATION BBA Finance, Economics Minor-Texas A&M University,2016 Successfully completed the following courses offered by The Appraisal Institute and McKissock Appraisal Education: • Basic Appraisal Principles • Basic Appraisal Procedures ■ Uniform Standards of Professional Appraisal Practice • Real Estate Finance,Statistics, and Valuation Modeling ■ General Appraiser Income Capitalization Approach-I • General Appraiser Income Capitalization Approach-II ■ General Appraiser Sales Comparison Approach ■ General Appraiser Site Valuation and Cost Approach ■ General Appraiser Report Writing and Case Studies • General Appraiser Market Analysis and Highest and Best Use ■ Expert Witness Testimony • Commercial Appraisal Review Other applicable courses: • Real Estate Decision Making-Texas A&M • Real Estate Finance-Texas A&M • Real Estate Investment Analysis-Texas A&M J0 0 �\ Certified General LICENSES TCB Real Estate Appraiser Texas General Appraiser Appraiser: JefreyKyleWafters 1380924-G License N: Tx 13M24 G Ljcense Expites 09/30/2023 Oklahoma General Appraiser 134970GA gWn,Yft�a carksvinry wry aE,n.Q�l;f—,A5 n .1n1d n,I,-1rw A,Sn,ii ,•I%ftt rl -t Cr.^76015 C�M'ChT..'"*'IT7.�.r'W13ltiDr is •'antrl.7 usr th', t!i (,aif,d Gerp•a R",Elale grpraher th•Ana R+fin•I• Eoe addtionort il,•tarmatf, x to Ck y co-PlainWti,rw•wntaet TAUSr4.,;.,.,..,. at"W 4Cb Texas em. LPA Title Commitment: ........A 11, woe go nee�,om,n O'All 1111111�11 o .nnG" °s mii°W% An,m°,<°uv ev 11-7112."U71117-01 Fl—NO[e: Ieortn rze 45 rz,cEo<1.�occ E«,. <,oT the sore lol z e<o, BZISToead)"o o�nau)�c tv..nn°,e�.oi n�.,n.,i ge ,ne rvonn o,n<nan v<n�<�i co,°m or�saes(rvnwea)s s�e°a a e(or9 v<�e)e05 n� s/a°in x ane sooin mme<o�ine eo�e Eoi 7 one os,nom Tion, of z.To Cen rel Notes �F rvw`aa�a��t °fs �.1 c \\ \• / o' ry"�`sew B or�nic 'r- the cote Lol,3°na X35 oe°a�n5or the wecl come �o.oD,`(Recora Bear no°m/ei<o98e)n ovum o�,983(rzO4t)SEoocn \\ � dee+° �)a wr<c eno.n on inns sLrney moy a<o°t or<cae To, �o �\\ z8 o Utility N— n TR�eco ee I.)* sure c rvrerve rt°m rete e°to ootoinee on eecemoer s. \ sex/c,e IS/8° 2012. w ore \ « common I.-d-i ne.1—,-11 611—West,I44., n s wo i 4.)E.cso,' eHner° Lea«< R'gnta �a�w Royv es ona/o,Reseno�ons we nog,vewze�o ae e,m ne r Iner ao or eo not oTTect Inc stie-1 Troh. / sc& \44.x. tro< ar <a aco an. te5 g 5 s°.Tl Eone mo e or e4. PE V 91 DATE \.`^r COUNIV OF NUECES LOCP110N NPP N.i.S. A. � \.e �} ON OF CORPUS CHRISTI / 0k ' ' \\ Survewr's Certificate TNG AD 'A' � .A, 1,°cm<°<,ry E.E°na Till,s„°<. D�CA E Y 1 A ".., A, LE SURVEY Mon Rlile. e� pe11 eress:laol Houy acne j cornus cx i,Te.os an°° u°<n«No.sarzB E-`-'SHEET., u Buyers and Sellers Beware Criminals are targeting real estate transactions. Don't be a victim of wire fraud. What is wire fraud and how does it occur? Criminals are targeting real estate transactions by gaining access to electronic communications or sending emails that appear to be from a title company, a real estate agent, a lender, or another trusted source.These fraudulent emails appear legitimate and direct you to wire funds to a fraudulent account. Once you wire funds to the fraudulent account,your money is gone. How can you protect yourself from wire fraud? You should not send personal information, such as bank account numbers or other financial information,via email or other unsecured electronic communication. San Jacinto Title will never use any electronic communications, such as email,text messages, or social media messages, to ask you to wire funds or provide personal information. If you receive any electronic communication regarding wiring instructions, even if the communication appears to come from a legitimate source, you should contact San Jacinto Title in person or via phone call using a phone number from our website www.saniacintotitle.com. If you think you are being targeted in a wire fraud scam, immediately notify law enforcement, San Jacinto Title,your lender, and your real estate agent. 41 SAN JACINTO(V' �: Title Services of Tem THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR NAME AND THE POLICY AMOUNT ARE SHOWN IN SCHEDULE A, AND OUR AUTHORIZED REPRESENTATIVE HAS COUNTERSIGNED BELOW. COMMITMENT FOR TITLE INSURANCE Issued By FIDELITY NATIONAL TITLE INSURANCE We (Fidelity National Title Insurance) will issue our title insurance policy or policies (the Policy) to You (the proposed insured) upon payment of the premium and other charges due, and compliance with the requirements in Schedule C. Our policy will be in the form approved by the Texas Department of Insurance at the date of issuance, and will insure your interest in the land described in Schedule A. The estimated premium for our Policy and applicable endorsements is shown on Schedule D. There may be additional charges such as recording fees, and expedited delivery expenses. This Commitment ends ninety (90) days from the effective date, unless the Policy is issued sooner, or failure to issue the Policy is our fault. Our liability and obligations to you are under the express terms of this Commitment and end when this Commitment expires. San Jacinto Title Services of Texas, LLC Fidelity National Title Insurance Company ) 0 SEALAlit vj T.\nlan ;fit i'i �.s�iln ,,',IIIIPrII lllll"" , V1 I '✓'<Lirinnc Armrlv.i. vt'il l'i:ili Authorized Signatory Effective Date: January 17, 2023 FORM T-7: Commitment for Title Insurance 220245128 CONDITIONS AND STIPULATIONS 1. If you have actual knowledge of any matter which may affect the title or mortgage covered by this Commitment, that is not shown in Schedule B, you must notify us in writing. If you do not notify us in writing, our liability to you is ended or reduced to the extent that your failure to notify us affects our liability. If you do notify us, or we learn of such matter, we may amend Schedule B, but we will not be relieved of liability already incurred. 2. Our liability is only to you, and others who are included in the definition of Insured in the Policy to be issued. Our liability is only for actual loss incurred in your reliance on this Commitment to comply with its requirements, or to acquire the interest in the land. Our liability is limited to the amount shown in Schedule A of this Commitment and will be subject to the following terms of the Policy: Insuring Provisions, Conditions and Stipulations, and Exclusions. Effective Date: January 17, 2023 FORM T-7: Commitment for Title Insurance 220245128 Conditions and Stipulations nlll COMMITMENT FOR TITLE INSURANCE (FORM T-7) SCHEDULE A Issued By FIDELITY NATIONAL TITLE INSURANCE Effective Date: January 17, 2023 GF No.: 220245128 Commitment No. 220245128, issued January 25, 2023, 12:00 AM 1. The policy or policies to be issued are: a. OWNER'S POLICY OF TITLE INSURANCE (Form T-1) (Not applicable for improved one-to-four family residential real estate) Policy Amount: TBD PROPOSED INSURED: The City of Corpus Christi b. TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSURANCE ONE-TO-FOUR FAMILY RESIDENCES (Form T-1 R) Policy Amount: PROPOSED INSURED: c. LOAN POLICY OF TITLE INSURANCE (Form T-2) Policy Amount: PROPOSED INSURED: Proposed Borrower: d. TEXAS SHORT FORM RESIDENTIAL LOAN POLICY OF TITLE INSURANCE (Form T-2R) Policy Amount: PROPOSED INSURED: Proposed Borrower: e. LOAN TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-13) Binder Amount: PROPOSED INSURED: Proposed Borrower: f. OTHER Policy Amount: PROPOSED INSURED: 2. The interest in the land covered by this Commitment is: Fee Simple Effective Date: January 17, 2023 FORM T-7: Commitment for Title Insurance 220245128 Schedule A SCHEDULE A (Continued) 3. Record title to the land on the Effective Date appears to be vested in: Wayne White A/K/A Gordon W. White and Dolores White (SEE SCHEDULE "C" FOR REQUIREMENT) TITLE VIA: Special Warranty Deed dated June 24, 2003, executed by Lambert Residuary B Trust, Charles E. Lambert, Trustee to Wayne White and wife, Dolores White, recorded under Clerk's File No. 2003033063, Official Public Records of Nueces County, Texas. 4. Legal description of land: Lot Three (3), Block One (1), Los Encinos Industrial Site, in the City of Corpus Christi, Nueces County, Texas, as shown by the map or plat thereof recorded in Volume 63, Page 144, Map Records of Nueces County, Texas, to which reference is here made for all pertinent purposes. San Jacinto Title Services of Texas, LLC Fidelity National Tine Insurance Company 4 , :oma ��;•����': SEAL ,'Y_ \W RA aa Ptt%1 enr ... ''ngrnu}pu!`a,` Marjoric Ncmzura S—rctary Authorized Signatory Effective Date: January 17, 2023 FORM T-7: Commitment for Title Insurance 220245128 Schedule A SCHEDULE B Commitment No.: 220245128 GF No.: 220245128 EXCEPTIONS FROM COVERAGE In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorney's fees, and expenses resulting from: 1. The following restrictive covenants of record itemized below: File No. 2007054169, Official Public Records of Nueces County, Texas. Volume 63, Page 144, Map Records of Nueces County, Texas. RESTRICTIONS INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (a) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (b) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS, ARE HEREBY DELETED TO THE EXTENT SUCH RESTRICTIONS VIOLATE 42 USC 3606 (C). (Omitting any covenant or restriction based on race, color, religion, sex, disability, handicap, familial status or national origin.) 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements. 3. Homestead or community property or survivorship rights, if any of any spouse of any insured. (Applies to the Owner's Policy only.) 4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or C. to filled-in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or easement along and across that area. (Applies to the Owner's Policy only.) 5. Standby fees, taxes and assessments by any taxing authority for the year 2023, and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvements Effective Date: January 17, 2023 FORM T-7: Commitment for Title Insurance 220245128 Schedule B SCHEDULE B (Continued) not assessed for a previous tax year. (If Texas Short form Residential Loan Policy (T-2R) is issued, that policy will substitute "which become due and payable subsequent to Date of Policy" in lieu of"for the year 2022, and subsequent years.") 6. The terms and conditions of the documents creating your interest in the land. 7. Materials furnished or labor performed in connection with planned construction before signing and delivering the lien document described in Schedule A, if the land is part of the homestead of the owner. (Applies to the Loan Title Policy Binder on Interim Construction Loan only, and may be deleted if satisfactory evidence is furnished to us before a binder is issued.) 8. Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured mortgage. (Applies to Loan Policy(T-2) only.) 9. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form Residential Loan Policy of Title Insurance (T-2R). (Applies to Texas Short Form Residential Loan Policy of Title Insurance (T-2R) only.) Separate exceptions 1 through 8 of this Schedule B do not apply to the Texas Short Form Residential Loan Policy of Title Insurance (T-2R). 10. The following matters and all terms of the documents creating or offering evidence of the matters: a. Right of parties in possession. (Owner's Policy Only) b. Rights of tenants in possession under any and all outstanding lease agreement recorded or unrecorded. (May be deleted with appropriate Affidavit) C. Easements, setbacks, and reservations, as shown by the map or plat thereof, recorded in Volume 63, Page 144, Map Records of Nueces County, Texas. d. Right-of-Way dated April 10, 1943, executed by J. F. Herold to the United States of America, recorded under File No. 187756, Volume 290, Page 366, Deed Records, Nueces County, Texas. e. Easement and Right-of-Way dated March 18, 1957, executed by Victor H. Herold to Central Power and Light Company, recorded under File No. 479710, Volume 770, Page 460, Deed Records, Nueces County, Texas. Effective Date: January 17, 2023 FORM T-7: Commitment for Title Insurance 220245128 Schedule B SCHEDULE B (Continued) f. Easement and Right of Way dated November 27, 2007, executed by Wayne White and wife, Dolores White to AEP Texas Central Company, recorded under Clerk's File No. 2008002574, Official Public Records of Nueces County, Texas. g. Utility Easement Encroachment and Hold Harmless Agreement and Covenant dated_, executed by Wayne White to the City of Corpus Christi, recorded under Clerk's File No. 2007054169, Official Public Records of Nueces County, Texas. h. Lease for coal, lignite, oil, gas or other minerals, together with rights incident thereto, contained in Oil, Gas and Mineral Lease dated December 23, 1953, executed by Victor Herold, et al, to William Marks, recorded under File No. 395604, Volume 138, Page 43, Deed Records, Nueces County, Texas. Reference to which instrument is here made for particulars. No further search of title has been made as to the interest(s) evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). i. Lease for coal, lignite, oil, gas or other minerals, together with rights incident thereto, contained in Oil, Gas and Mineral Lease dated June 21, 1960, executed by Ted M. Anderson, individually and as Trustee, to H. J. Cureton, Jr., Trustee, recorded under File No. 560818, Volume 177, Page 210, Oil and Gas Records, Nueces County, Texas. Reference to which instrument is here made for particulars. No further search of title has been made as to the interest(s) evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). j. Lease for coal, lignite, oil, gas or other minerals, together with rights incident thereto, contained in Oil, Gas and Mineral Lease dated August 25, 1960, executed by Gordon L. Stewart, et al, to H. J. Cureton, Jr., Trustee, recorded under File No. 560816, Volume 177, Page 204, Oil and Gas Records, Nueces County, Texas. Reference to which instrument is here made for particulars. No further search of title has been made as to the interest(s) evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). Effective Date: January 17, 2023 FORM T-7: Commitment for Title Insurance 220245128 Schedule B SCHEDULE B (Continued) k. Lease for coal, lignite, oil, gas or other minerals, together with rights incident thereto, contained in Oil, Gas and Mineral Lease dated October 2, 1970, executed by United Steel Workers Union of America, Local No. 5022 and Local No. 4813 to Nor-Am Petroleum Corp., recorded under File No. 850908, Volume 291, Page 823, Oil and Gas Records, Nueces County, Texas. Reference to which instrument is here made for particulars. No further search of title has been made as to the interest(s) evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). I. Lease for coal, lignite, oil, gas or other minerals, together with rights incident thereto, contained in Oil, Gas and Mineral Lease dated November 16, 1988, executed by Chester Lambert to Sun Operating Limited Partnership„ recorded under Clerk's File No. 648207, Volume 401, Page 120, Oil and Gas Records of Nueces County, Texas. Reference to which instrument is here made for particulars. No further search of title has been made as to the interest(s) evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). M. All leases, grants, exceptions or reservations of coal, ignite, oil, gas and other minerals, together with all rights, privileges and immunities relating thereto, appearing in the Public Records whether listed in Schedule B or not, There may be leases, grants, exceptions or reservations of mineral interest that are not listed. n. Building, Zoning, Platting and/or Regulatory Laws and/or Ordinances of any Municipal and/or other Governmental Authority. o. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the land. (NOTE: Upon receipt of a survey acceptable to the Company, this exception will be deleted. Company reserves the right to add additional exceptions per its examination of said survey.) P. Rights of the Public in and to any portion of subject property lying within a public road. (To be deleted upon receipt and review of a current on the ground survey, eliminating portion, if any, from metes and bounds description). Effective Date: January 17, 2023 FORM T-7: Commitment for Title Insurance 220245128 Schedule B SCHEDULE B (Continued) q. Any visible and apparent unrecorded easements on the insured property. (Owner's Policy Only) r. Company assumes no loss or liability by reason of fences do not follow property lines, as shown on survey dated_, prepared by Urban Engineering, Brian D. Lorentson, Registered Professional Land Surveyor, License No. 6839. TO BE COMPLETED UPON REVIEW OF FINAL SURVEY. Effective Date: January 17, 2023 FORM T-7: Commitment for Title Insurance 220245128 Schedule B SCHEDULE C Commitment No.: 220245128 GF No.: 220245128 Your Policy will not cover loss, costs, attorney's fees, and expenses resulting from the following requirements that will appear as Exceptions in Schedule B of the Policy, unless you dispose of these matters to our satisfaction, before the date the Policy is issued: 1. Documents creating your title or interest must be approved by us and must be signed, notarized and filed for record. 2. Satisfactory evidence must be provided that: a. no person occupying the land claims any interest in that land against the persons named in paragraph 3 of Schedule A, b. all standby fees, taxes, assessments and charges against the property have been paid, C. all improvements or repairs to the property are completed and accepted by the owner, and that all contractors, sub-contractors, laborers and suppliers have been fully paid, and that no mechanic's, laborer's or materialmen's liens have attached to the property, d. there is legal right of access to and from the land, e. (on a Loan Policy only) restrictions have not been and will not be violated that affect the validity and priority of the insured mortgage. 3. You must pay the seller or borrower the agreed amount for your property or interest. 4. Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is filed after the effective date of this Commitment. 5. Appears to be clear of any and all voluntary liens. We find no outstanding liens of record affecting the subject property. An inquiry should be made concerning the existence of any unrecorded lien or other indebtedness which could give rise to any security interest in the subject property. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. 6. Company requires an affidavit of marital history of record owners from the date the land was acquired to the present time. If any marriages have been terminated by death or divorce, Company must determine disposition of said property. Current spouse, if applicable, should join in all documents to be executed in connection with the transaction company is being asked to insure; or affidavit by each spouse that subject property is the separate property of Record Owner and constitutes no part of the business or residential homestead, and that no community funds have been expended regarding the property. Further requirements will be necessary once these facts are known. This report is subject to any name liens, voluntary or involuntary, which may be found on these persons, if any. 7. The Company will require the following documents for review prior to the issuance of any title assurance predicated upon a conveyance or encumbrance from the governmental entity named below: Effective Date: January 17, 2023 FORM T-7: Commitment for Title Insurance 220245128 Schedule C SCHEDULE C (Continued) Name of Governmental Entity: CITY OF CORPUS CHRISTI, TEXAS a) A copy of its discipline, by-laws or other regulations authorizing real estate transactions. b) A certified copy of the Meeting Minutes (in a recordable form) authorizing the purchase of subject property, authorizing the expenditure of funds, and appointment of parties to act on behalf of said city. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 8. Company requests receipt of closing/lender's package 24 hours prior to closing. 9. Any matters revealed by current, on the ground as-built survey. 10. Any defect, lien or other matters that may affect title to the land or interest insured, that arises or is filed after the effective date of this commitment. 11. Any lien or liens created in the instruments of conveyance or any security instruments executed in connection with the transaction to be insured will appear as an exception under Schedule B of the policy to be issued and/or as the lien to be insured under Schedule "A" of the Mortgagee Title Policy to be issued, all of which instruments will be subject to the approval of the company and the wording of the exception in the policy to be issued will be based upon the terms of the instruments. 12. The conveyance by sellers must be by a "GENERAL WARRANTY DEED" unless approved by company in advance. 13. CLOSING INSTRUCTIONS AND CLOSING PACKAGE MUST BE RECEIVED IN OUR OFFICE 24 HOURS PRIOR TO CLOSING. IF THIS REQUIREMENT IS NOT MET, SAN JACINTO TITLE SERVICES CANNOT GUARANTEE THE DATE AND TIME OF CLOSING. Effective Date: January 17, 2023 FORM T-7: Commitment for Title Insurance 220245128 Schedule C SCHEDULE C (Continued) 14. NOTE: This file must be updated within 24 hours prior to Closing. 15. Company must be furnished a properly executed Affidavit of Debts and Liens executed by the Seller, if a sale or by the Borrower, if a loan only. 16. If the area and boundary exception is to be amended to show only"shortages in area", Company must be furnished with a survey showing a plat and containing the correct description of the subject property made by a Licensed Public Surveyor of the State of Texas, acceptable to this Title Company. 17. NOTICE: Title Company is unwilling to issue the Title Policy without the mineral exception(s) set out in Schedule B hereof. Optional Endorsements (T19.2 and T19.3) insuring certain risks involving minerals, and the use of improvements (excluding lawns, shrubbery and trees) and permanent buildings may be available for purchase. Neither this Policy, nor the optional endorsements, insure that the purchaser has title to the mineral rights related to the surface estate. The promulgated for each endorsement is $50 on an Owners Title Policy and $0 charge on a Loan Policy. 18. IMPORTANT NOTICE: ALL FUNDS OVER$10,000 MUST BE IN THE FORM OF A WIRE TRANSFER. WARNING!WIRE FRAUD ADVISORY: San Jacinto Title's wire instructions DO NOT CHANGE. Please call our office to confirm wire instructions before wiring. 19. Company must be furnished with a properly executed waiver of inspection, executed by the purchaser. (Purchaser Policy Only) 20. Notice to all buyers, sellers, borrowers, lenders and all parties interested in the transaction covered by this commitment: Effective September 26, 1988, the State Board of Insurance has adopted Procedural Rule P-27 (as amended) which requires that "Good Funds" be received and deposited before a Title Agency may disburse from its trust fund account. "Good Funds" means: 1. Cash or wire transfers; 2. Certified checks, cashier's checks and teller's checks, as further described in definition "g" of this rule; 3. Uncertified funds in amounts less than $1,500.00 including checks,traveler's checks, money orders, and negotiable orders of withdrawal, provided multiple items shall not be used to avoid the $1,500.00 Effective Date: January 17, 2023 FORM T-7: Commitment for Title Insurance 220245128 Schedule C SCHEDULE C (Continued) limitation; 4. Uncertified funds in the amounts of$1,500.00 or more, drafts and any other item when collected by the financial institution; 5. State of Texas warrants; 6. United States Treasury checks; 7. Checks drawn on a bank or savings and loan association insured by the FDIC or FSLIC and for which a transaction code has been issued pursuant to, and in compliance with, such bank or savings and loan association; 8. Checks by City and County Governments located in the State of Texas. 21. At closing of this transaction, Title Company must be furnished a copy of the buyers' and/or sellers' official photo identification card. 22. Except in an exempt transaction,the Company must be furnished with Seller's Social Security Number or Tax Identification Number and all other information necessary to complete IRS Form 1099-S. 23. Beginning January 1, 2004, all deeds, mortgages, and deeds of trust must include the following Notice on the front page of the document: "NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records: Your Social Security Number or your Driver's License." 24. Company requires that notary seals contained in any document executed on or after January 1, 2016, must include the notary's identification number as required by Texas Government Code§406.013 when the notary public is either(1) a new notary appointee or(2) an existing notary appointee whose appointment has been renewed on or after January 1, 2016. 25. The Company may make other requirements or exceptions upon its review of any requested documentation or of the proposed documents creating the estate or interest to be insured or otherwise ascertaining details of the transaction. Company reserves the right to revise this commitment and/or to make additional requirements or corrections at any time prior to the closing of this transaction. Any defect, lien or other matters that may affect title to the land or interest insured, that arises or is filed after the effective date of this commitment. 26. As to any document creating your title or interest that will be executed or recorded electronically, or notarized pursuant to an online notarization, the following requirements apply: • Confirmation prior to closing that the County Clerk of said County, Texas has approved and authorized Effective Date: January 17, 2023 FORM T-7: Commitment for Title Insurance 220245128 Schedule C SCHEDULE C (Continued) electronic recording of electronically signed and notarized Instruments in the form and format that is being used. • Electronic recordation of the instruments to be insured in the Official Public Records of said County, Texas. • Execution of the instruments to be insured pursuant to the requirements of the Texas Uniform Electronic Transactions Act, Chapter 322 of the Business and Commerce Code. •Acknowledgement of the instruments to be insured by a notary properly commissioned as an online notary public by the Texas Secretary of State with the ability to perform electronic and online notarial acts under 1 TAC Chapter 87. 27. PRIVACY POLICY: This commitment may contain confidential information and is intended solely for the attention and use of the named insured as contemplated by the terms and provisions of this commitment. You are hereby notified that any disclosure, copying, distributing or taking of action in reliance on the information with third parties is prohibited. 28. REQUIREMENT: Provide final survey for review. Effective Date: January 17, 2023 FORM T-7: Commitment for Title Insurance 220245128 Schedule C SCHEDULE D Commitment No.: 220245128 GF No.: 220245128 Pursuant to the requirements of Rule P-21, Basic Manual of Rules, Rates and Forms for the writing of Title Insurance in the State of Texas, the following disclosures are made: 1. The following individuals are directors and/or officers of FIDELITY NATIONAL TITLE INSURANCE: Officers: Raymond R. Quirk, CEO/President; Anthony J. Park, EVP/CFO/Treasurer; Marjorie R. Nemzura, VP/Corporate Secretary Directors: Steven G. Day, Marjorie R. Nemzura, Michael J. Nolan, Anthony J. Park, Raymond R. Quirk Shareholders: Fidelity National Title Group, Inc., which is owned 100% by FNTG Holdings, LLC which is owned 100% by Fidelity National Financial, Inc. 2. The following disclosures are made by the Title Insurance Agent issuing this commitment: (A) The name of each shareholder, owner, partner or other persons having, owing or controlling one percent (1%) or more of the Title Insurance Agent that will receive a portion of the premium are as follows: Corpus Holdings, LP (B) Each shareholder, owner, partner or other person having, owning or controlling ten percent (10%) or more of an entity that has, owns or controls one percent (1%) or more of the Title Insurance Agent that will receive a portion of the premium are as follows: Corpus Holdings, LP is owned by E. Brent Bottom and Stephanie H. Bottom. (C) The following persons are officers and directors of the Title Insurance Agent: E. Brent Bottom, Chief Executive Officer Stephanie H. Bottom, Vice President E. Brendon Bottom, Vice President Mark Scott, President Coastal Bend Region Shelly Cristan-Grahmann, Vice President Channing Slusher, Vice President Lynn Leising, Vice President Nancy Massaro, Vice President/Administration Gracie P. Herrera, Vice President/Comptroller Jason B. Smith, Vice President Melanie Smith, Vice President 3. You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this commitment relates. Upon your request, such disclosure will be made to you. Additionally, the name of any person, firm or corporation receiving any sum from the settlement of this transaction will be disclosed on the closing or settlement statement. Effective Date: January 17, 2023 FORM T-7: Commitment for Title Insurance 220245128 Schedule D SCHEDULE D (Continued) You are further advised that the estimated title premium*is: Total $ 0.00 Of this total amount: 15% will be paid to the policy issuing Title Insurance Company; 85% will be retained by the issuing Title Insurance Agent; and the remainder of the estimated premium will be paid to other parties as follows: Amount To Whom For Services % Services Rendered *The estimated premium is based upon information furnished to us as of the date of this Commitment for Title Insurance. Final determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations adopted by the Commissioner of Insurance. This commitment is invalid unless the insuring provisions and Schedules A, B, and C are attached. Effective Date: January 17, 2023 FORM T-7: Commitment for Title Insurance 220245128 Schedule D Commitment No.: 220245128 GF No.: 220245128 LEGAL DESCRIPTION Lot Three (3), Block One (1), Los Encinos Industrial Site, in the City of Corpus Christi, Nueces County, Texas, as shown by the map or plat thereof recorded in Volume 63, Page 144, Map Records of Nueces County, Texas, to which reference is here made for all pertinent purposes. Effective Date: January 17, 2023 FORM T-7: Commitment for Title Insurance 220245128 Legal Description TEXAS TITLE INSURANCE INFORMATION Title insurance insures you against loss resulting from certain risks to your title. The commitment for Title Insurance is the title insurance company's promise to issue the title insurance policy. The commitment is a legal document. You should review it carefully to completely understand it before your closing date. EI seguro de titulo le asegura en relacion a perdidas resultantes de ciertos riesgos que pueden afectar el titulo de su propiedad. EI Compromiso para Seguro de Titulo es la promesa de la compania aseguradora de titulos de emitir la poliza de seguro de tfitulo. EI Compromiso es un documento legal. Usted debe leerlo cuidadosamente y entenderlo complemente antes de la fecha para finalizar su transaccion. Your Commitment for Title Insurance is a legal contract between you and us. The Commitment is not an opinion or report of your title. It is a contract to issue you a policy subject to the Commitment's terms and requirements. Before issuing a Commitment for Title Insurance (the Commitment) or a Title Insurance Policy(the Policy), the title Insurance Company (the Company) determines whether the title is insurable. This determination has already been made. Part of that determination involves the Company's decision to insure the title except for certain risks that will not be covered by the Policy. Some of these risks are listed in Schedule B of the attached Commitment as Exceptions. Other risks are stated in the Policy as Exclusions. These risks will not be covered by the Policy. The Policy is not an abstract of title nor does a Company have an obligation to determine the ownership of any mineral interest. MINERALS AND MINERAL RIGHTS may not be covered by the Policy. The Company may be unwilling to insure title unless there is an exclusion or an exception as to Minerals and Mineral Rights in the Policy. Optional endorsements insuring certain risks involving minerals, and the use of improvements (excluding laws, shrubbery and trees) and permanent buildings may be available for purchase. If the title insurer issues the title policy with an exclusion or exception to the minerals and mineral rights, neither this Policy, nor the optional endorsements, ensure that the purchaser has title to the mineral rights related to the surface estate. Another part of the determination involves whether the promise to insure is conditioned upon certain requirements being met. Schedule C of the Commitment lists these requirements that must be satisfied or the Company will refuse to cover them. You may want to discuss any matters shown in Schedules B and C of the Commitment with an attorney. These matters will affect your title and your use of the land. When your Policy is issued, the coverage will be limited by the Policy's Exception, Exclusions and Conditions, defined below. EXCEPTIONS are title risks that a Policy generally covers but does not cover in a particular instance. Exceptions are shown on Schedule B or discussed in Schedule C of the Commitment. They can also be added if you do not comply with the Conditions section of the Commitment. When the Policy is issued, all Exceptions will be on Schedule B of the Policy. EXCLUSIONS are title risks that a Policy generally does not cover. Exclusions are contained in the Policy but not shown or discussed in the Commitment. CONDITIONS are additional provisions that qualify or limit your coverage. Conditions include your responsibilities and those of the Company. They are contained in the Policy but not shown or discussed in the Commitment. The Policy Conditions are not the same as the Commitment Conditions. Effective Date: January 17, 2023 FORM T-7: Commitment for Title Insurance 220245128 Title Insurance Information TEXAS TITLE INSURANCE INFORMATION (Continued) You can get a copy of the policy form approved by the Texas Department of Insurance by calling the Title Insurance Company at (800) 925-0965 or by calling the title insurance agent that issued the Commitment. The Texas Department of Insurance may revise the policy form from time to time. You can also get a brochure that explains the policy from the Texas Department of Insurance by calling (800)252-3439. Before the Policy is issued, you may request changes in the policy. Some of the changes to consider are: Request amendment of the "area and boundary" exception (Schedule B, paragraph 2). To get this amendment, you must furnish a survey and comply with other requirements of the Company. On the Owner's Policy, you must pay an additional premium for the amendment. If the survey is acceptable to the Company and if the Company's other requirements are met, your Policy will insure you against loss because of discrepancies or conflicts in boundary lines, encroachments or protrusions, or overlapping of improvements. The Company may then decide not to insure against specific boundary or survey problems by making special exceptions in the Policy. Whether or not you request amendment of the "area and boundary" exception, you should determine whether you want to purchase and review a survey if a survey is not being provided to you. Allow the Company to add an exception to "rights of parties in possession". If you refuse this exception, the Company or the title insurance agent may inspect the property. The Company may except to and not insure you against the rights of specific persons, such as renters, adverse owners or easement holders who occupy the land. The company may charge you for the inspection. If you want to make your own inspection, you must sign a Waiver of Inspection form and allow the Company to add this exception to your Policy. The entire premium for a Policy must be paid when the Policy is issued. You will not owe any additional premiums unless you want to increase your coverage at a later date and the Company agrees to add an Increased Value Endorsement. Effective Date: January 17, 2023 FORM T-7: Commitment for Title Insurance 220245128 Title Insurance Information DELETION OF ARBITRATION PROVISION (Not applicable to the Texas Residential Owner's Policy) Commitment No.: 220245128 GF No.: 220245128 ARBITRATION is a common form of alternative dispute resolution. It can be a quicker and cheaper means to settle a dispute with your Title Insurance Company. However, if you agree to arbitrate, you give up your right to take the Title Insurance Company to court and your rights to discovery of evidence may be limited in the arbitration process. In addition, you cannot usually appeal an arbitrator's award. Your policy contains an arbitration provision (shown below). It allows you or the Company to require arbitration if the amount of insurance is $2,000,000 or less. If you want to retain your right to sue the Company in case of a dispute over a claim, you must request deletion of the arbitration provision before the policy is issued. You can do this by signing this form and returning it to the Company at or before the closing of your real estate transaction or by writing to the Company. The arbitration provision in the Policy is as follows: "Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured, unless the Insured is an individual person (as distinguished from an Entity). All arbitrable matters when the Amount of Insurance is in excess of$2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction." SIGNATURE DATE Effective Date: January 17, 2023 FORM T-7: Commitment for Title Insurance 220245128 Deletion of Arbitration Provision IMPORTANT NOTICE FOR INFORMATION, OR TO MAKE A COMPLAINT CALL OUR TOLL-FREE TELEPHONE NUMBER (800) 925-0965 ALSO YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE AT (800)252-3439 to obtain information on: 1. filing a complaint against an insurance company or agent, 2. whether an insurance company or agent is licensed, 3. complaints received against an insurance company or agent, 4. policyholder rights, and 5. a list of consumer publications and services available through the Department. YOU MAY ALSO WRITE TO THE TEXAS DEPARTMENT OF INSURANCE P.O. BOX 149104 AUSTIN, TEXAS 78714-9104 FAX NO. (512)490-1007 AVISO IMPORTANTE PARA INFORMACION, O PARA SOMETER UNA QUEJA LLAME AL NUMERO GRATIS (800) 925-0965 TAMBIEN PUEDE COMUNICARSE CON EL DEPARTAMENTO DE SEGUROS DE TEXAS AL (800)252-3439 para obtener informacion sobre: 1. como someter una queja en contra de una compania de seguros o agente de seguros, 2. si una compania de seguros o agente de seguros tiene licencia, 3. quejas recibidas en contra de una compania de seguros o agente de seguros, 4. los derechos del asegurado, y 5. una lista de publicaciones y servicios para consumidores disponibles a traves del Departamento. TAMBIEN PUEDE ESCRIBIR AL DEPARTAMENTO DE SEGUROS DE TEXAS P.O. BOX 149104 AUSTIN, TEXAS 78714-9104 FAX NO. (512)490-1007 Effective Date: January 17, 2023 FORM T-7: Commitment for Title Insurance 220245128 Important Notice Y .- r . tr til. � � � ✓ �I'4r �w } I r/ 4 N ?� 7CL, Jssd _ r 1 `, tf 4 f , �f 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting February 28, 2023 DATE: February 28, 2023 TO: Peter Zanoni, City Manager FROM: David Lehfeldt, Director of Solid Waste Services David L3(a)cctexas.com (361) 826-1966 Josh Chronley, Assistant Director of Finance & Procurement Josh C2(a)cctexas.com (361) 826-3169 Disaster Debris Clearing, Removal and Disposal Services CAPTION: Motion authorizing a three-year service agreement with two one-year options, with TFR Enterprises, Inc., of Leander, Texas, for disaster debris clearing, removal and disposal services for Solid Waste Services, in an amount not to exceed $363,543,840.00, with a potential amount not to exceed $605,906,400.00 if the options are exercised. SUMMARY: This is a motion to approve awarding a contingency service agreement for the Solid Waste Department for disaster debris clearing, removal and disposal services dependent on a Federal Emergency Management Administration (FEMA) declared disaster emergency. BACKGROUND AND FINDINGS: This service agreement is for providing disaster debris clearing, removal and disposal services in accordance with FEMA policies and guidelines necessary during a disaster emergency. This contract will only be activated in the event of an emergency. Emergency declaration procedures will be performed in accordance with City policy and determined by the size and magnitude of the event. As a contingency contract, certification of funds is not required due to the unknown cost of any event. PROCUREMENT DETAIL: Finance & Procurement conducted a competitive Request for Bid (RFB) process to obtain bids for a new long-term contract from qualified firms with experience in providing disaster debris clearing, removal and disposal services based on responding to a direct hit of a Category 4 hurricane which would generate approximately 4,000,000 cubic yards of debris within the City limits. The bid tab contained over 100 line items which reflect the myriad of scenarios and services the City could face in the event of a natural disaster. In addition, bidders provided various quotes for each service. This issue combined with the uncertainty of a natural disaster, made it challenging for the staff to develop a process to determine the low bidder for this procurement. In light of this, Staff consulted with the Texas Division of Emergency Management (TDEM)to determine the most likely scenarios and services that would be utilized by the City in a post-hurricane environment. This meeting led the staff to include services such as emergency road clearing, debris removal, soil compaction, structure demolition, flood water pumps, emergency power generation, and portable traffic control systems as the primary criteria for the bid evaluations. Understanding this, TFR was determined as the firm that could provide the portfolio of most likely needed services at the lowest cost. The City received a total of six bids, with one deemed non-responsive due to bidder not bidding per the City's bid form specifications, and is recommending award to the lowest responsive, responsible bidder, TFR Enterprises, Inc. The recommendation is to award the agreement to the incumbent with a yearly total value decrease of approximately 28%. A cost analysis was performed based on quantities of 1 and by quantities of 4,000,000 and TFR Enterprises was determined to be the lowest bidder in both situations. TFR Enterprises, Inc. has previously aided the City in projects of similar scope and complexity, specifically to Hurricane Harvey. TFR Enterprises, Inc. maintained a satisfactory level of service through the completion of their task orders issued pursuant to the contingency service agreement for disaster monitoring and recovery services. Staff is confident in the Bidder's work and is recommending award. ALTERNATIVES: Not Applicable FISCAL IMPACT: Funding for this contract will initially be drawn from reserve accounts but will likely be reimbursed by FEMA under their disaster recovery reimbursement guidelines. FUNDING DETAIL: Not Applicable RECOMMENDATION: Staff recommends approval of this motion authorizing a three-year service agreement with the option to extend two additional one-year periods with TFR Enterprises, Inc. as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tab Service Agreement gyve City of Corpus Christi Bid Tabulation Finance-Procurement RFB 4403 Disaster Debris Clearing,Removal and Disposal Services O Senior Buyer:Tracy Garza Solid Waste Department G6666 *Ceres Envronmental **KDF Enterpnses, Mme Custom Tree Care,Inc Services,Inc. Crowder Gulf,LLC DRC Emergency Services LLC LLC TRF Enterprises,Inc. Tope k.,KS Houston,TX Mobile,AL Galveston,TX Mobile,AL Leander,TX STAGE i UNIT ITEM DEBRIS CLEARING SERVICES DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE 1 Emer enc Road Clearance HR 70 330.00 23,100.00 325.00 22,750.00 340.00 23,800.00 395.00 27,650.00 $ 375.00 $ 26,250.00 Debns Removal from Water Bodies Bays,Rivers,Streams, 2 Canals,Lakes CY 1000 48.00 48,000.00 72.55 72,550.00 95.00 95,000.00 88.50 88,500.00 $ 15.00 $ 15,000.00 3 Removal of Leaning Trees and Hangling Limbs HR 70 295.00 20,650.00 255.00 17,850.00 220.00 15,400.00 275.00 19,250.00 $ 98.00 $ 6,860.00 4 Demolifon of Structures HR 70 275.00 19,250.00 415.00 29,050.00 295.00 20,650.00 125.00 8,750.00 $ 165.00 $ 11,550.00 6 Skid-Steer Loader e ui ment&labor HR 70 135.00 9,450.00 98.00 6,860.00 120.00 8,400.00 110.00 7,700.00 $ 140.00 $ 9,800.00 7 Bucket Truck feel&labor HR 70 195.00 13,650.00 245.00 17,150.00 170.00 11,900.00 125.00 8,750.00 $ 190.00 $ 13,300.00 8 Chipper Mulcherwith 8"Throat e ui ment&labor HR 70 75.00 5,250.00 72.00 5,040.00 45.00 3,150.00 25.00 1,750.00 $ 45.00 $ 3,150.00 9 lChipper Mulcherwith 12'Throat(equIpment&labor HR 1 70 1 125.00 8,750.00 85.00 5,950.00 65.00 4,550.00 35.00 2450.00 $ 50.00 $ 3,500.00 10 Crash Truckwith Impact Attenuator(equIpment&labor HR 70 55.00 3,850.00 90.00 6,300.00 95.00 6,650.00 75.00 5,250.00 $ 130.00 $ 9,100.00 Crew Foreman w/Cell Phone and Pickup Truck 11 ent&labor HR 70 75.00 5,250.00 65.00 4,550.00 60.00 4,200.00 40.00 2800.00 $ 70.00 $ 4,900.00 12 Dozer Tracked D5 or E uivalent e ui ment&labor HR 70 130.00 9,100.00 115.00 8,050.00 115.00 8,050.00 95.00 6,650.00 $ 90.00 $ 6,300.00 13 Dozer Tracked D6 or E uivalent e ui ment&labor HR 70 135.00 9,450.00 125.00 8,750.00 145.00 10,150.00 115.00 8,050.00 $ 95.00 $ 6,650.00 14 Dozer Tracked D7 or E uivalent e ui ment&labor HR 70 140.00 9,800.00 130.00 9,100.00 165.00 11,550.00 140.00 9,800.00 $ 145.00 $ 10,150.00 15 Dozer Tracked DB orE uivalent e ui ment&labor HRT70120.00 10,150.00 150.00 10,500.00 190.00 13,300.00 150.00 10,500.00 $ 190.00 $ 13,300.00 16 DumpTruck 16-20 CY capacity ment&labor HR 7,350.00 70.00 4,900.00 95.00 6,650.00 45.00 3,150.00 $ 165.00 $ 11,550.00 17 DumpTruck 21-30 CY ca acit e ment&labor HR 7,700.00 80.00 5,600.00 115.00 8,050.00 50.00 3,500.00 $ 175.00 $ 12,250.00 18 DumpTruck 38+/-CY ca acit ent&labor HR 8,400.00 90.00 6,300.00 145.00 10,150.00 60.00 4,200.00 $ 185.00 $ 12,950.00 19 Generator 5.5-25 kw ca a HR 1,750.00 35.00 2450.00 20.00 1,400.00 40.00 2800.00 $ 20.00 $ 1,400.00 20 Generator 200-250 kw ca acit HR 8,750.00 118.75 1 8,312.50 250.00 1 17,500.00 75.00 1 5,250.00 $ 40.00 1$ 2,800.00 21 Generator 2500 kw capacty HR 70 385.00 26,950.00 687.50 48,125.00 1,250.00 87,500.00 285.00 19,950.00 $ 260.00 $ 18,200.00 22 Li ht Plant with Fuel and Support HR 70 25.00 1,750.00 31.00 2170.00 35.00 2450.00 25.00 1,750.00 $ 45.00 $ 3,150.00 Grader w/12 Blade minimum 30,00016s.equipment& 23 labor HR 70 120.00 8,400.00 130.00 9,100.00 125.00 8,750.00 95.00 6,650.00 $ 160.00 $ 11,200.00 Hydraulic Excavator,1.5 CY,including equipment and 24 labor HR 70 145.00 10,150.00 150.00 10,500.00 145.00 10,150.00 140.00 9,800.00 $ 165.00 $ 11,550.00 Hydraulic Excavator,2.5 CY,including equipment and 25 labor HR 70 155.00 10,850.00 160.00 11,200.00 155.00 10,850.00 150.00 10,500.00 $ 175.00 $ 12,250.00 26 Knuckeboom Loader,Including equipment and labor HR 70 195.00 13,650.00 235.00 16,450.00 275.00 19,250.00 150.00 10,500.00 $ 290.00 $ 20,300.00 27 Chainsaw feel and labor HR 70 65.00 4,550.00 49.00 3,430.00 45.00 3,150.00 45.00 3,150.00 $ 55.00 $ 3,850.00 28 Labor w/small tools Traffic Control Flag Person HR 70 60.00 4,200.00 45.00 3,150.00 38.00 2660.00 45.00 3,150.00 $ 50.00 $ 3,500.00 29 Lowbo Trailer w/frackor,including eculpment and labor HR 70 125.00 8,750.00 115.00 8,050.00 130.00 9,100.00 50.00 3,500.00 $ 115.00 $ 8,050.00 30 Log Skdder,including eculpment and labor HR 70 110.00 7,700.00 120.00 8,400.00 95.00 6,650.00 115.00 8,050.00 $ 165.00 $ 11,550.00 31 Mobile Crane up to 15 Ton,including eculpment and labor HR 70 70.00 4,900.00 165.00 11,550.00 160.00 11,200.00 145.00 10,150.00 $ 145.00 $ 10,150.00 Operations Monagerw/Cell Phone and Pickup 32 e ent and labor HR 70 95.00 6,650.00 80.00 5,600.00 65.00 4,550.00 65.00 4,550.00 $ 80.00 $ 5,600.00 Pump,95 HP Minumum 25'Intake and 200'Discharge to 33 include fuel and Support Personel HR 70 25.00 1,750.00 42.00 2940.00 200.00 14,000.00 115.00 8,050.00 $ 115.00 $ 8,050.00 Pump,200 HP Minumum 25'Intake and 200'Discharge to 34 include fuel and Su ort Personel HR 70 75.00 5,250.00 60.00 4,200.00 300.00 21,000.00 210.00 14,700.00 $ 195.00 $ 13,650.00 Pump,650 HP Minumum 25'Intake and 200'Discharge to 35 include fuel and Su ort Personel HR 70 195.00 13,650.00 125.00 8,750.00 400.00 28,000.00 300.00 21,000.00 $ 415.00 $ 29,050.00 36 Plckup Truck,1/2Ton,includin e ment and labor HR 70 65.00 4,550.00 25.00 1,750.00 35.00 2450.00 25.00 1,750.00 $ 20.00 $ 1,400.00 Pickup Truck,1 Ton,including equipment and labor,as per 37 s ecificatian er hour HR 70 65.00 4,550.00 26.00 1,820.00 45.00 3,150.00 30.00 2100.00 $ 25.00 $ 1,750.00 Skid-Steer Loader,1,500 LB Operating Capacity(w/utility 38 a le),includin equlpment and laborHR 70 100.00 7,000.00 80.00 5,600.00 125.00 8,750.00 110.00 7,700.00 $ 115.00 $ 8,050.00 Skid-Steer Loader,2500 LB Operating Capacity(w/utility 39 a el,includin e qulpment and labor HR 70 135.00 9,450.00 98.00 6,860.00 125.00 8,750.00 115.00 8,050.00 $ 145.00 $ 10,150.00 40 Soil Compactor 80 HP,including equipment and labor HR 70 45.00 3,150.00 75.00 5,250.00 80.00 5,600.00 25.00 1,750.00 $ 70.00 $ 4,900.00 41 Soil Com actor 81 HP+,includin ent and labor HR 70 55.00 3,850.00 95.00 6,650.00 85.00 5,950.00 30.00 2100.00 $ 80.00 $ 5,600.00 Soil Compactor To Unit,includ ng equipment and 42 11abor HR 1 70 1 45.00 3,150.00 55.00 1 3,850.00 125.00 1 8,750.00 30.00 1 2100.00 1 120.00 1$ 8,400.00 Stump Grinder 30"diameter or less,including equipment 43 and labor HR 70 75.00 5,250.00 48.00 3,360.00 135.00 9,450.00 95.00 6,650.00 $ 135.00 $ 9,450.00 Tragic Control Temporary single lane Closure,including 44 e ment and labor HR 70 60.00 4,200.00 125.00 8,750.00 95.00 6,650.00 40.00 2800.00 $ 215.00 $ 15,050.00 Tree Climber w/chainsaw and gear,including equipment 45 and labor HR 70 75.00 5,250.00 55.00 3,850.00 120.00 8,400.00 65.00 4,550.00 $ 90.00 $ 6,300.00 46 Truck Hotbed,including equipment and labor HR 70 65.00 4,550.00 65.00 4,550.00 85.00 5,950.00 50.00 3,500.00 $ 60.00 $ 4,200.00 Tub Grinder 800 to 1,000 HP,including equipment and 47 labor HR 70 575.00 40,250.00 325.00 22,750.00 425.00 29,750.00 95.00 6,650.00 $ 490.00 $ 34,300.00 Waste Collection Rear Loader Truck,including equipment 48 jandlabor HR 1 70 1 75.00 5,250.00 375.00 1 26,250.00 225.00 1 15,750.00 115.001 8,050.00 1 160.00 1$ 11,200.00 Water Truck,2500 gal�NorrPotable,Dust Control and 49 Pavement Mdntenance,includin equlpment and labor HR 70 65.00 4,550.00 85.00 5,950.00 90.00 6,300.00 95.00 6,650.00 $ 115.00 $ 8,050.00 Wheel Loader 2.5 CY,950 or equivalent,including 50 equipment and labor HR 70 150.00 10,500.00 130.00 9,100.00 160.00 11,200.00 185.00 12,950.00 $ 190.00 $ 13,300.00 Wheel Loader 3.5 to 4 CY,966 or equivalent,including 51 equipment and labor HR 70 150.00 10,500.00 140.00 9,800.00 170.00 11,900.00 190.00 13,300.00 $ 195.00 $ 13,650.00 Wheel Loader 4.5 CY,980 or equivalent,including 52 equipment and labor HR 70 150.00 10,500.00 165.00 11,550.00 180.00 12,600.00 200.00 14,000.00 $ 235.00 $ 16,450.00 Wheel Loader-Backhoe 1.0-1.5 CY,including equipment 53 and labor HR 70 100.00 7,000.00 115.00 8,050.00 130.00 9,100.00 145.00 10,150.00 $ 145.00 $ 10,150.00 54 Air Curtain Pit Burner,includin e ment and labor HR 70 100.00 7,000.00 55.00 3,850.00 65.00 4,550.00 50.00 3,500.00 $ 75.00 $ 5,250.00 !'r Curtain Refectory,Incinerator,including equipment and 55 labor HR 70 120.00 8,400.00 70.00 4,900.00 85.00 5,950.00 60.00 4,200.00 $ 85.00 $ 5,950.00 Subfofal for items 1-55 517,700.00 1 560,117.50 1 1 700,710.00 1 484,700.00 1 5",410.00 STAGES 2 R 3 DEBRIS REMOVAL R DISPOSAL UNIT ITEM SERVICES DESCRIPTION UNIT CITY UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST COST TOTAL COST UNIT COST TOTAL COST 56 TDSR Site Pe aration and Management LS 1 5,000.00 $50,000.00 50,000.00 $1,000.00 1,000.00 $50,000.00 50,000.00 $4,500.00 $ 4,500.00 57 TDSR Site Closure LS 1 $5,000.00 5,000.00 $25,000.00 25,000.00 1,000.00 1,000.00 $50,000.00 50,000.00 $8,500.00 $ 8,500.00 Dears Removal trom Public Property Rights of Way and Haul to a designated TDSR site or Final 58 Dis osal Site Oto 15 miles on CY 4,000,000 7.40 29,600,000.00 9.24 36,960,000.00 7.80 31,200,000.00 8.12 32,480,000.00 $ 6.25 $ 25,000,000.00 ope or Rights of Way and Ha IJ o a designated TDSRsiteor Final ined FuEll 59 Dis osal Site 16}0 3 rru eson a CY 4,000,000 7.90 31,600,000.00 9.34 37,360,000.00 8.15 32600,000.00 9.22 36,880,000.00 $ 6.45 $ 25,800,000.00 len-m-1 Trmn ape Rights of Way and Had to a designated TDSR- site or Final 60 Disosal Site 31 to LO miles(on-ay) CY 4,000,000 8.95 35,800,000.00 9.44 37,760,000.00 8.40 33,600,000.00 9.22 36,880,000.00 $ 6.75 $ 27,000,000.00 emporary e Storage an Reduction Site(TDSRS)and Hauling to Final Disposal Site 0 61 to15 one wa miles CY 4,000,000 4.75 19,000,000.00 1.85 7,400,000.00 3.00 12,000,000.00 2.48 9,920,000.00 $ 2.45 $ 9,800,000.00 emporary e Storage an Reduction Site(TDSRS�and Hauling to Final Disposal Site 16 62 to 30 aneway miles CY 4,000,000 5.25 21,000,000.00 2.25 9,000,000.00 4.00 16,000,000.00 3.68 14,720,000.00 $ 2.70 $ 10,800,000.00 Debris Removal from Temporary Debris Storage and Reduction Site(TDSRS�and Hauling to Final Disposal Site 63 31 to 60 one wa miles CY 4,000,000 5.95 23,800,000.00 2.95 11,800,000.00 5.00 20,000,000.00 3.68 14,720,000.00 $ 2.90 $ 11,600,000.00 Vegetative Debris Removal from Public Properly or maintained Public Rights of Way and Haul to a designated 64 TDSR site or Final Disposal Site 0 to 15 miles on CY 120,000 7.40 888,000.00 10.74 1,288,800.00 8.50 1,020,000.00 8.62 1,034,400.00 $ 8.25 $ 990,000.00 Vegetative Debris Removal from Public Properly or maintained Public Rights of Way and Haul to a designated 65 TDSR site or Final Disposal Site 16 to 30 miles(on-al CY 120,000 7.90 948,000.00 11.24 1,348,800.00 9.00 1,080,000.00 8.62 1,034,400.00 $ 8.25 $ 990,000.00 Vegetative Debris Removal from Public Properly or maintained Public Rights of Way and Haul to a designated 66 TDSR site or Final Disposal Site 31 to 60 miles on CY 120,000 8.95 1,074,000.00 11.74 1,408,800.00 9.50 1,140,000.00 8.62 1,034,400.00 $ 8.25 $ 990,000.00 ege a rve e emporarye orage and Reduction Site(TDSRS)and Hauling to Final Disposal 67 Site 0 to15 one wa miles CY 120,000 4.75 570,000.00 1.85 222000.00 3.00 360,000.00 5.28 633,600.00 $ 3.00 $ 360,000.00 Vegetative Debris Removal from Temporary Debris Storage and Reduction Site(TDSRS)and Hauling to Final Disposal 68 Site 16 to 30 one way miles CY 120,000 5.25 630,000.00 2.25 270,000.00 4.00 480,000.00 5.28 633,600.00 3.25 390000.00 Vegetative e emporary e orage and Reduction Site(TDSRS)and Hauling to Final Disposal 69 Site 31 to 60 anew mies CY 120,000 5.95 714,000.00 2.95 354,000.00 5.00 600,000.00 5.28 633,600.00 $ 3.50 $ 420,000.00 Hauling o e nger Dryers,Freezers,Air Conditioners,Sto-Water Heaters and 70 Dishwashers to a desi noted TDSR Site for recycling EA 300 45.00 13,500.00 65.00 19,500.00 55.00 16,500.00 75.00 22,500.00 $ 25.00 $ 7,500.00 Refridgerators,Freezers and Air Conditioners requiring 71 refrid erant recove nr ment and decontamination EA 100 55.00 5,500.00 55.00 5,500.00 80.00 81000.00 100.00 10,000.00 $ 50.00 $ 5,000.00 u ing an isposa o a magesuch televisions,computer hardware,microwaves,radios,s 72 stereos,DVD players and telephones. EA 500 30.00 15,000.00 45.00 22,500.00 35.00 17,500.00 20.00 10,000.00 $ 20.00 $ 10,000.00 75 Pick up and Disposal of Hazardous Material LB 1,000,000 4.00 4,000,000.00 2.42 2420,000.00 5.00 5,000,000.00 0s0 500,000.00 $ 0.25 $ 250,000.00 76 IDead Carcasses Collection,Trans ortaton and Dis osal LB 1000 2.00 2000.00 1.44 1,440.00 1.50 1,500.00 3.95 3,950.00 $ 8.00 $ 8,000.00 Hazardous Stump e ung o isposa e per cubic yard according to stump conversion table 77 attachment F includes backfillin of slumholes CY 750 50.00 37,500.00 55.75 41,812.50 25.00 18,750.00 4286 32,145.00 $ 47.00 $ 35,250.00 Hemoalanclpas diameter and hauling to TDRS or designated final disposal 78 site. EA 500 125.00 62,500.00 225.00 112500.00 165.00 82,500.00 165.00 82,500.00 $ 175.00 $ 87,500.00 Remowl and disposal of hazardous trees 13"TO 24.99"in diameter and hauling to TDRS or designated final disposal 79 site. EA 250 395.00 98,750.00 355.00 88,750.00 300.00 75,000.00 375.00 93,750.00 1 1 $ 185.00 $ 46,250.00 Removal and disposal of hazardous trees 25 TO 36.99"in diameter and hauling to TDRS or designated final disposal 80 site. EA 500 795.00 397,500.00 395.00 197,500.00 450.00 225,000.00 550.00 275,000.00 $ 195.00 $ 97,500.00 Removal and disposalofh-.r on, ees in diameter and hauling to TDRS or designated final disposal 81 site. EA 250 995.00 248,750.00 495.00 123,750.00 650.00 162500.00 650.00 162500.00 $ 200.00 $ 50,000.00 Removal and disposal of hazardous trees 49"and larger in diameter and hauling to TDRS or designated final disposal 82 site. EA 100 995.00 99,500.00 650.00 65,000.00 850.00 85,000.00 750.00 75,000.00 $ 210.00 $ 21,000.00 Temporary Debris Staging and Reduction Site Operation, 83 debris acceptance and i management CY 4,000,0001 1.00 4,000,000.00 1.20 4,800,000.00 0.75 3,000,000.00 1.00 4,000,000.00 $ 0.10 $ 400,000.00 Volume reduction of debris through grinding and or 84 Ichipping ,000,000 2.95 1 2950,000.00 3.84 1 3,840,000.00 4.50 1 4,500,000.00 3.92 1 3,920,000.00 $ 3.50 1$ 3,500,000.00 LG.undter'sampling tion of debris through air incineration CY 1,000,000 2.10 2100,000.00 2.48 2480,000.00 2.75 2750,000.00 2.42 2420,000.00 $ 1.90 $ 1,900,000.00 m lin Pre 8 Post-use EA 40 500.00 20,000.00 650.00 26,000.00 400.00 16,000.00 250.00 10,000.00 $ 125.00 $ 5,000.00 Per 8 Post-use EA 20 500.00 10,000.00 650.00 13,000.00 650.00 13,000.00 250.00 5,000.00 $ 250.00 $ 5,000.00 Subfofal for items 56-87 179,694,500.00 159,504,652.50 166,053,250.00 162326,345.00 $ 120,581,000.00 STAGE 4 UNIT ITEM Hi SERVICES DESCRIPTION UNIT QTY UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST COST TOTAL COST UNIT COST TOTAL COST Removal and Hauling of Hazardous Waste to Processing 88 Site 0 to 15 miles Miles 10 100.00 1,000.00 125.00 1,250.00 65.00 650.00 400.00 4,000.00 $ 10.00 $ 100.00 Removal and Hauling of Hazardous Waste to Processing 89 Site 16 to 30 miles Miles 20 125.00 2500.00 225.00 4,500.00 75.00 1,500.00 500.00 10,000.00 $ 20.00 $ 400.00 Removal and Hauling of Hazardous Waste to Processing 90 Site 31 to 60 miles Miles 30 150.00 4,500.00 450.00 13,500.00 95.00 2850.00 600.00 18,000.00 $ 30.00 $ 900.00 91 Waste Cate ortzation Sampling and Analysis LS 1 500.00 500.00 7,500.00 7,500.00 $2500.00 2500.00 1,250.00 1,250.00 $ 500.00 $ 500.00 Liquid Waste Disposal in 55 gallon drums using incineration 92 method of disposal EA 300 55.00 16,500.00 350.00 105,000.00 1,000.00 300,000.00 250.00 75,000.00 $ 100.00 $ 30,000.00 Liquid Waste Disposal in 55 gallon drums using injection 93 method of disposal EA 40 60.00 2400.00 650.00 26,000.00 1,000.00 40,000.00 500.00 20,000.00 $ 200.00 $ 8,000.00 Liquid Waste Disposal in 2800 Gallon Vacuum Truck using 94 injection method of disposal EA 4 1,200.00 4,800.00 3,850.00 15,400.00 $4,500.00 18,000.00 2000.00 8,000.00 $ 850.00 $ 3,400.00 Liquid Waste Disposal in 2800 Gallon Vacuum Truck using 96 incineration method of disposal EA 4 1,500.00 6,000.00 2250.00 9,000.00 $4,500.00 18,000.00 2000.00 8,000.00 $ 850.00 $ 3,400.00 Dry Harzardous Waste Disposal-Roll-of Box for disposal at 97 Landfill(TOTAL CAPACITY 200,000 POUNDS LB 20 10.00 200.00 15.50 310.00 12.00 240.00 200.00 4,000.00 1$ 1.00 $ 20.00 98 Accident S ill Kits EA 10 100.00 1,000.00 1,500.00 15,000.00 350.00 3,500.00 10.00 100.00 $ 175.00 $ 1,750.00 99 Manifest Preparation EA 10 250.00 2500.00 150.00 1,500.00 250.00 2500.00 10.00 100.00 $ 200.00 $ 2,000.00 Subtotal for ifems 88-99 41,900.00 198,960.00 389,740.00 148,450.00 $ 50,470.00 CONTRACTOR PERSONNEL UNIT ITEM ADMINISTRATIVE PERSONNEL UNIT QTY UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COSI TOTAL COST I COST TOTAL COST UNIT COST TOTAL COST 100 Senior Project Coordinator HR 8 70.00 560.00 90.00 720.00 90.00 720.00 50.00 400.00 $ 70.00 $ 560.00 101 Field Project Manager HR 8 65.00 520.00 80.001 640.00 80.00 640.00 50.00 400.00 $ 70.00 $ 560.00 102 Program/Documentation Manager HR 8 65.00 520.00 60.00 480.00 65.00 520.00 50.00 400.00 $ 70.00 $ 560.00 COLLECTION SITE MANAGEMENT PERSONNEL HR 8 $ 60.00 $ 480.00 103 Field Project Su er HR 8 65.00 520.00 75.00 600.00 60.00 480.00 75.00 600.00 $ 70.00 $ 560.00 104 Safet Mana er HR 8 65.00 520.00 75.00 600.00 60.00 480.00 75.00 600.00 $ 70.00 $ 560.00 los Debris Reduction Manager HR 8 65.00 520.00 75.00 600.00 55.00 440.00 75.00 600.00 5 60.00 5 480.00 106 Chemist HR 8 70.00 560.00 85.00 680.00 85.00 680.00 120.00 960.00 $ 85.00 5 680.00 Waste Pickup Crew Hazardous Material(HIM)Field 107 Technician HR 8 60.00 480.00 58.00 464.00 90.00 720.00 450.00 3,600.00 $ 60.00 $ 480.00 108 lWaste Separation Crew HM Field Technicians HR 8 55.00 440.00 75.00 600.00 80.00 640.00 450.00 3,600.00 $ 60.00 $ 480.00 Subtotal for nems 100-108 4,640.00 1 1 5,384.00 1 1 5,320.00 1 1 11,160.00 1 1 $ 5,400.00 Grand Total for nems 1-108 180,258,740.00 160,269,114.00 167,149,020.00 162970,655.00 $ 121.181,280.00 *Ceres u-4onmental Services fu Inc.-Items 19-21 does not include generator hookup, el,and/or maintenance **KDF Enterprises,LLC-Deemed norrresponsivo due to not following ClYs bid form specifications DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 �yV S C� G° a 0 H SERVICE AGREEMENT NO. 4403 U DISASTER DEBRIS CLEARING, REMOVAL AND DISPOSAL ye1852E� SERVICES THIS Disaster Debris Clearing, Removal and Disposal Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and TFR Enterprises, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Disaster Debris Clearing, Removal and Disposal Services in response to Request for Bid/Proposal No. 4403 ("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 Disaster Debris Clearing, Removal and 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 two additional one-year periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. Service Agreement Standard Form - Federal Funding Page 1 of 8 DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 3. Compensation and Payment. This Agreement is for an amount not to exceed $363,543,840.00, 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 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 Service Agreement Standard Form - Federal Funding Page 2 of 8 DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services 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 - Federal Funding Page 3 of 8 DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 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, Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments and Changes. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. Any changes that alter the method, price, or schedule of work must be allowable, allocable, within the scope of any federal grant or cooperative agreement, and reasonable for the completion of the project scope. 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 related 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: Contract/Funds Administrator Address: 2525 Hygeia St. Corpus Christi, Texas 78415 Phone: 361-826-1986 Fax: 361-826-1971 IF TO CONTRACTOR: TFR Enterprises, Inc. Service Agreement Standard Form - Federal Funding Page 4 of 8 DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 Attn: Tiffany Jean Title: Contract Manager Address: 601 Leander Drive, Leander, Texas 78641 Phone: 512-260-3322 Fax: 512-528-1942 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) Termination for Cause. 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) Termination for Convenience. 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. In the event of termination for convenience, the Service Agreement Standard Form - Federal Funding Page 5 of 8 DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 Contractor will be compensated for all Services performed prior to the date of termination. The City shall have no further obligations to the Contractor. 19. Effect of Breach. In addition to the remedy of termination, if the Contractor violates or breaches any provision of the Agreement, the City may pursue any other claims or causes of action available under the law. No specific sanctions or penalties apply to this Agreement except those that are otherwise available under the law. 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. 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. Service Agreement Standard Form - Federal Funding Page 6 of 8 DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. 28. Federal Funding Requirements. This project is subject to requirements provided for by relevant federal agencies. A set of Federal Requirements 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. The Contractor will insert in any subcontracts all Federal Provisions/Requirements contained in the Agreement, such other clauses as FEMA, the FAA, or their designees may by appropriate instructions require and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses. [Signature Page Follows] Service Agreement Standard Form - Federal Funding Page 7 of 8 DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 CONTRACTORcuSigned by: Signature: FF;42 9.34Z E3C-5464... Printed Name: Tipton F. Rowland Title: CEO Date: 1/23/2023 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director of Finance — Procurement Date: APPROVED AS TO LEGAL FORM Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Attachment E: Federal Requirements Incorporated by Reference Only: Exhibit l : RFB/RFP No. 4403 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form - Federal Funding Page 8 of 8 DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 ATTACHMENT A - SCOPE OF WORK General Requirements/Background Information A. The Contractor shall handle the clearing, removal, and properly disposing of debris as well as the collection, characterization, packaging, transportation, and disposal of Hazardous, Toxic or Radiological Waste (HTRW) after a storm or other disaster event. The Contractor will conduct the above mentioned work in accordance with all applicable Federal, State and local regulations, which may include the Federal Emergency Management Agency (FEMA), Federal Highway Administration (FHWA), Texas Department of Transportation (TxDOT), Texas Department of Health (TDH), Natural Resources Conservation Services (NRCS), Historical Preservation Office (SHPO), and the Texas Commission on Environmental Quality (TCEQ) or other regulations as determined by the City. B. The Contractor may utilize both local and non-local resources to carry out the debris removal and disposal and HTRW work. The Contractor must have the capacity to manage a major workforce and to cover the expenses associated with a major recovery operation prior to the initial City payment and before subsequent payments, as well as the capacity to provide the necessary insurance, equipment, personnel, comprehensive Hazardous, Toxic or Radiological Waste (HTRW) operation plans, and demonstrable experience in major disaster recovery projects. The Contractor must also have established management teams, an established network of resources to provide the necessary equipment, personnel, comprehensive debris removal and volume reduction operations plans, and demonstrable experience in major disaster recovery projects. C. The City reserves the right to award additional contracts if, in the judgment of the City's Solid Waste Director, additional capacity is needed due to the amount of work to be performed, volume of debris, quantity of HTRW, time requirements, or rate of progress. If additional contracts are awarded, the Contractor will be notified. The Contractor will be informed which Temporary Debris Staging and Reduction (TDSR) sites are to be used. If necessary, the City will establish additional TDSR sites. In addition, the City reserves the right of automatic assignability of work to other Contractors if the primary Contractor is unable to perform the services required by this contract. D. This contract will be activated only in the face of a storm related emergency at the discretion of the City. As such, no compensation will accrue to the Contractor unless and until the contract is activated either in anticipation of a natural or man- made disaster or immediately after such disaster. DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 E. The contract is for a three-year term with two additional two-year extensions and recertification of Contractor capabilities and a five percent price increase adjustment after each extension. F. The Contractor is required to participate in annual City-directed disaster recovery training and/or exercises. The contract shall provide training to project approach, which includes tasks in each of the phases: initiation, mobilization, execution, and closeout. Annual disaster training shall be conducted each year on the month of May. Scope of Work A. The Contractor shall provide storm/disaster debris clearing, removal, and disposal services; Hazardous, Toxic or Radiological Waste (HTRW) included. The source of debris is limited to areas within the city limits of Corpus Christi. Exhibit A, "Debris Management Zones/City Maps", defines the City limits. Any revisions to the City's limits will apply. B. The Contractor will serve as a general Contractor for the purpose of debris clearing, removal, and disposal operations. The Contractor will use resources to meet the obligations of the contract. C. To facilitate management of the debris clearance, removal and disposal operations, the City has been divided into seven Debris Management Zones 1 through 7. (See Exhibit A). When a major disaster occurs or is imminent, the City's Solid Waste Director will contact the Contractor and inform him/her of the City's intent to activate the contract for debris clearance, removal, and disposal. D. The Contractor will send a management team to the City within 24 hours of receiving a Notice to Proceed to begin planning for the operations and mobilizing the personnel and equipment as necessary to perform the work. The general concept of debris removal operations includes multiple, scheduled passes of each site, location, or right-of- way directed by the City's Solid Waste Director. This will allow citizens to return to their properties and bring debris to the rights-of-way as recovery progresses. The City will prescribe the specific procedures to be used after ascertaining the scope and nature of the disaster's impacts. E. Debris removal will be limited to eligible debris in, upon, or brought to City streets and roads, rights-of-way, municipal properties and facilities, and other public sites. The Contractor will be responsible for determining the method and manner of all debris clearance, removal, and lawful disposal operations consistent with Local, State and Federal regulations. Disposal of debris maybe at any lawful site selected by the City or at City-designated TDSR sites. The Contractor shall be responsible for the lawful final disposal of all debris and debris reduction by-products deposited at the TDSR site. DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 F. The City has two pre-designated TDSR sites for the sole purpose of the temporary storage and reduction of clean woody debris and construction and demolition (C&D) materials. No other debris management operations will be allowed on these sites. The Contractor will operate the TDSR sites, and only City vehicles, Contractor vehicles, and others specifically authorized by the City will be allowed to use the sites. G. The City may also establish homeowner drop-off sites for debris. The Contractor will be responsible for removing all debris from those sites daily and transporting it to a TDSR site or authorized landfill. H. This project is divided into four stages: • Stage 1 - Emergency Roadway Debris Clearing, • Stage 2 - Public Rights-of-Way Debris Removal, • Stage 3 - Temporary Debris Staging and Reduction (TDSR) Site Operation and Debris Disposal • Stage 4 - Hazardous, Toxic or Radiological Waste (HTRW) Disposal Planning & Management. Stage 1 will be performed on a time and materials basis, and Stages 2, 3 and 4 are to be performed on a unit price basis. Stage 1: Emergency Roadway Debris Clearinq Stage 1 consist of clearing roadway debris to the side of the road to open key access routes into devastated areas and allow for the movement of emergency vehicles, law enforcement, resumption of critical services, and damage assessment of critical public facilities and utilities. A. At least one lane must be cleared on each arterial, major, and secondary road after the storm/disaster event has subsided within the specified timeframe. B. First Clearing Priorities are to provide ingress and egress to/from the following facilities: 1 . Police Department 2. Fire Stations 3. Corpus Christi International Airport 4. Hospitals C. Secondary Clearing Priorities are to provide ingress and egress to/from the following facilities: 1 . City Hall 2. City Service Center DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 3. County Courthouse 4. Maintenance Services 5. Water Filtration Plants 6. Wastewater/Sewage Treatment Plants 7. Other Facilities so designated by the City's Solid Waste Director D. Clearing is required at each facility listed above, as well as the roadways leading to the facility to clear connecting roadways and provide access from arterial roadways. Specific facilities are listed under Exhibit C, "Clearing Priorities". E. Clearing priorities above may be adjusted by the City's Solid Waste Director at any time during recovery operations. F. Clearing Operations must commence as soon as possible after the storm/disaster event has subsided, but no later than 12 hours from the time the Notice to Proceed is issued by the City's Solid Waste Director. The duration of the clearing operations will be limited to a total of 70 hours. The Contractor must provide sufficient equipment and labor to accomplish clearing of first priority sites within 24 hours and secondary priority sites within 36 hours and all other sites within 70 hours of receiving the Notice to Proceed. G. Stage 1 Clearing will be limited to no more than 70 hours under the Time and Materials portion of this contract. Stage 1 Clearing operations will not continue unless specifically approved in writing by the City's Solid Waste Director. The City's Solid Waste Director reserves the right to discontinue the clearing operations as he deems necessary. Extension of the clearing operations past the 70 hours must be approved in writing by the City's Solid Waste Director. Stage 2: Public Rights-of-Way Debris Removal Stage 2 consists of the removal and transport of eligible disaster-generated debris from designated street or highway rights-of-way or public property to a designated Temporary Debris Staging and Reduction (TDSR) site or approved landfill. The Contractor shall be familiar with FEMA Publication 325 Debris Management Guide which is specifically dedicated to the rules, regulations, and policies associated with the debris removal process including hazardous leaning trees, hanging limbs and hazardous stumps, etc. A. The Department of Solid Waste Services has selected a Category 4 wet hurricane as the planning standard for the City. The debris volume anticipated from such a storm impacting the entire city with equal intensity is approximately 7 to 9 million cubic yards. This DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 estimated debris volume is a planning figure and is not a fixed quantity for the purpose of contractual obligations. The actual volume of debris may be greater than or less than 7 to 9 million cubic yards. For the purpose of this request for proposal and solely for the purpose of standardizing the contents of all submittals and evaluation purposes, the Contractor shall use a planning figure of 7 million cubic yards of debris as the initial volume estimate for post- disaster debris. Contractor pricing will be submitted for various volumes of debris to include pricing for small storms that may require up to 200,000 cubic yards of debris removal, from 200,001 to 3,999,999 cubic yards of debris removal, 4,000,000 to 9,000,000 (7 million average) cubic yards of debris removal. Contractor must meet a daily minimum requirement of 10,000 cubic yards of debris removal. B. The City has two pre-designated TDSR sites for the sole purpose of the temporary storage and reduction of clean woody debris and construction and demolition (C&D) materials. (See Exhibit B and D). No other debris management operations will be allowed on these sites. The Contractor will operate the TDSR sites, and only City vehicles, Contractor vehicles, and others specifically authorized by the City will be allowed to use the sites. C. The City may also establish homeowner drop-off sites for debris. The Contractor will be responsible for removing all debris from those sites daily and transporting it to a TDSR site or authorized landfill. D. The City's Solid Waste Director reserves the right to increase or decrease the scope of the removal activity as he/she deems necessary to ensure effective management of the overall debris removal/disposal operations. E. At the City's Solid Waste Director option, the scope of work for Stage 2, Removal, may be expanded to include public parks, other recreational areas, drainage structures and channels, and reservoirs. F. The debris removal process must be initiated promptly and conducted in an orderly, effective manner in order to protect public health and safety following a major storm disaster or catastrophic event. G. The Contractor must begin debris removal operations within 24 hours of receiving the Notice-to-Proceed and be underway in all zones within 5 days. Schedules for all other roads/streets will be determined in concert with the City's Solid Waste Director. These operations are to be fully integrated with the TDSR site operations. H. Removal may begin earlier and, if approved by the City's Solid Waste Director, may be combined with Rights-of-Way clearing operations, provided the equipment so used will be billed on a unit DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 cost basis rather than on a time and materials basis. I. In general, but not exclusively, this stage consists of curbside debris removal on City property only. Types of debris materials include, but are not limited to, trees, woody debris, brush, sand, gravel, building wreckage, construction, and demolition (C&D), personal property, and household furnishings deposited at the curb. Exhibit D, "Debris Classification", describes the types of debris that may be encountered. J. Debris removal will be limited to eligible debris in, upon, or brought to City streets and roads, rights-of-way, municipal properties and facilities, and other public sites. The Contractor will be responsible for determining the method and manner of all debris clearance, removal, and lawful disposal operations consistent with Local, State and Federal regulations. Disposal of debris may be at any lawful site selected by the City or at City-designated TDSR sites. The Contractor will be responsible for the lawful final disposal of all debris and debris reduction by-products deposited at the TDSR site. K. Rights-of-Way White Goods Debris Removal - White goods containing refrigerants must first have such refrigerants removed by the Contractors qualified technicians prior to mechanical loading. White goods can be collected without first having refrigerants removed if the white goods are manually placed into a hauling vehicle with lifting equipment so that the elements containing refrigerants are not damaged. The removal, transportation and disposal of white goods includes obtaining all necessary Local, State, and Federal Hauling Permits and operating in accordance with all Local, State, and Federal regulatory agencies. L. Used Electronics - The Contractor shall recycle or dispose of all eligible used electronics in accordance with all Local, State, and Federal Regulations. M. Carcass Removal and Disposal - Work shall consist of all labor, equipment, fuel, traffic control costs, and other associated cost necessary for the removal, transportation, and lawful disposal of dead animals in areas identified and approved by the City to an approved final disposal site. The carcasses will be hauled to the City's approved staging area and subsequently disposed of by the appropriate regulatory agency. The Contractor will coordinate activities with the appropriate Local animal control agency. The removal, transportation and disposal of animal carcasses includes obtaining all necessary Local, State, and Federal Hauling Permits and operating in accordance with all Local, State, and Federal regulations. DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 N. Working Hours: Unless otherwise permitted by the City's Solid Waste Director, working hours for removal operations shall be limited to daylight hours. The Contractor is responsible for coordinating with the City's Solid Waste Director in the event weather conditions delay or modify the proposed daily schedule. Stage 3: TDSR Site Operation/Debris Disposal Stage 3 consists of debris segregation, volume reduction, and final disposal. The Contractor may sell the mulch, ash, metals, and other materials but must propose a revenue share to be split with the City. All residual debris must be removed from the site and disposed of at a city approved landfill at Contractor's expense. General Description A. Work under this section also involves the preparation, operation, and closure of Temporary Debris Staging and Reduction (TDSR) sites designated by the City's Solid Waste Director. B. Three TDSR sites are designated by the City's Solid Waste Director. Exhibit B, "Location and Status of TDSR Sites and Landfills," identifies the location and particulars of each site. Exhibit A, "City Map/Removal Zones," proportions the City into sectors and assigns each of them to the nearest TDSR site. C. At each TDSR site, the Contractor must be fully prepared to: 1 . Accept materials collected during debris removal operations. 2. Segregate materials into waste streams that can either be recycled, picked up by other Contractor forces (as in the case of HAZMAT waste), treated in a common manner (i.e., mechanical reduction) or taken to a common disposal point such as a City approved landfill. 3. Reduce materials through mechanical reduction (chipping, grinding), incineration (if specifically authorized by the City's Solid Waste Director or his representative), recycling on site or post- collection resale for recycling or other purposes. 4. Conduct on-site air curtain burning of certain materials as may be directed by the City's Solid Waste Director. Contractor should identify equipment and operator resources; however, no burning may take place without specific direction from the City's Solid Waste Director. 5. Dispose of segregated or reduced debris through resale of materials or deposition of processing wastes in a properly City approved, permitted landfill or other approved disposal site. DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 D. A representative of the Contractor who will operate the TDSR site must participate in the City's annual hurricane exercise as described in Exhibit A at no cost to the City. E. In order to expedite the implementation of TDSR site operations, the Contractor must provide personnel on-site prior to a projected hurricane/disaster event to carry out any activities necessary to assure that the TDSR sites will be ready when needed. Actual preparation of the TDSR sites must begin within 24 hours of receipt of the Notice-to Proceed and the sites must be fully operational not more than 5 days thereafter. F. The Contractor must, upon entering each site designated as a TDSR site, photo- document the site conditions using both a video camera and still photographs. The Contractor should keep one copy of the videotape and photographs for their records. The Contractor must provide one copy of the videotape and the still photographs to the City's Solid Waste Director. G. The City has selected TDSR sites that are generally free of significant environmental constraints. Additionally, it has coordinated the TDSR site selection with the Texas Commission on Environmental Quality (TCEQ) on issues concerning air, water, and solid hazardous waste. If the contractor chooses to utilize Air Curtain Burner operations, the contractor will be required to obtain any and all necessary permits for these types of operations. H. The Contractor must be aware of, and abide by, the conditions of any permits under which he/she must operate the site. The Contractor is responsible for knowing the applicability and requirements of all applicable environmental laws and regulations that could pertain to the operation of TDSR sites. I. The Contractor shall be responsible for paying any and all costs associated with violations of law or regulation relative to his/her activities. Such costs might include but are not limited to: site cleanup and/or remediation; fines, administrative or civil penalties; third party claims imposed on the City by any regulatory agency or by any third party as a result of noncompliance with Federal, State, or Local environmental laws and regulations or nuisance statutes by Contractor, his/her Subcontractors, or any other persons, corporations or legal entities retained by the Contractor under this contract. J. Meetings: The Contractor must attend any and all meetings required by the City's Solid Waste Director to evaluate the operations of the TDSR sites. DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 K. Quality Assurance: The work will be closely monitored by City monitors and/or designated representatives of FEMA. The Contractor shall cooperate with all monitors. City Responsibilities A. The City will implement a program of public information designed to assist the Contractor. The program will inform the public of the need to separate and place Hazardous, Toxic or Radiological Waste (HTRW) at curbside or drop off locations. The City will coordinate the public information program with the Contractor to facilitate the efficient segregation, marking, placement, and pick-up of the material to the maximum extend practical. B. The City will, at its sole discretion, designate TDSR sites for development and operation by the Contractor. C. Access: The City will provide access and authorization to the Contractor to operate on any or all of the designated TDSR sites including all information in its possession regarding these sites that is necessary for the successful operation of TDSR sites. D. Permits and Approvals: The Contractor will secure and provide proof of to the City the necessary permits from the TCEQ and appropriate Federal agencies for the operation of all TDSR sites. The City will waive or provide all local permits and approvals for the operation of the TDSR sites. E. Services Not Provided: The City will not provide the Contractor with potable water, sewage treatment, fuel, electricity, or other personnel, materials or equipment deemed necessary to operate the TDSR sites. TDSR Site Preparation A. Site Setup: Unless specifically directed otherwise by the City's Solid Waste Director, site setup must commence as soon as possible after the hurricane/disaster event has subsided, but no later than 24 hours from the time that the Notice-to-Proceed is issued by the City's Solid Waste Director. All TDSR sites must be fully operational within 5 days of the Notice-to- Proceed. B. Site Plan: The Contractor will provide a site operations plan for review and approval by the City's Solid Waste Director prior to beginning work. C. At a minimum, the plan will address the following: 1 . Access to site 2. Site management, to include point-of-contact, organizational chart, etc. DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 3. Traffic control procedures 4. Site security 5. Site safety 6. Site layout/segregation plan 7. Hazardous materials staging plan 8. Environmental mitigation plan, including considerations for smoke, dust, noise, traffic, buffer zones, and storm water runoff as appropriate. D. Site Preparation: The Contractor shall be responsible for preparing the site(s) to accept debris. This preparation shall include clearing, erosion control, grading, and construction and maintenance of haul roads and entrances. The Contractor shall provide utility clearances and sanitation facilities, if needed. The Contractor shall protect existing structures at the sites and repair any damage caused by his operations to the satisfaction of the City's Solid Waste Director at no additional cost to the City. E. Site Security: The Contractor shall be responsible for installing site security measures and maintaining security for operations at the site. F. Fire Protection: The Contractor shall manage the site to minimize the risk of fire. G. Ash Containment Area: The Contractor shall be responsible for the staging, removal, and containment of ash from all burning operations. The containment area will be "wetted down" periodically under this contract to prevent particles from becoming airborne. H. Inspection Tower: The contractor shall construct an inspection tower. The tower shall be constructed using pressure treated wood. The floor elevation of the tower shall be 10 feet above the existing ground elevation. The floor area shall be 8' by 8', constructed of 2"by 8" joists, 16" O.C. with 3/4" plywood supported by four 6" by 6" posts. The perimeter of the floor area shall be protected by a 4- foot-high wall constructed of 2" by 4" studs and '/2" inch plywood. The floor area shall be covered with a corrugated tin roof. The roof shall provide a minimum of 6'6" of head room below the support beams. Access shall be provided by wooden steps with a handrail. I. The Contractor shall make provisions for portable sanitary facilities to be provided and maintained at the inspection tower. J. Traffic Control: The Contractor shall be responsible for safe control of pedestrian and vehicular traffic in the work area. The Contractor DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 shall provide all flag persons, signs, equipment, and other devices necessary to meet federal, state, and local requirements. The traffic control personnel and equipment shall be in addition to the personnel and equipment required in other parts of this contract. As a minimum, one flag person shall be posted at each entrance to direct traffic at the site. K. Debris Ownership and Disposal: The Contractor must remove or arrange for the removal and final disposal of all debris brought to the debris reduction site. Options include, but are not limited to, sending the material to an authorized and properly permitted City approved disposal area, recycling facility, or resale entity authorized by the City. The Contractor must maintain records for all materials, including processed debris, residue, and hazardous materials, being transported from the debris reduction site to disposal or recycling facilities. The Contractor must secure an EPA Identification Number prior to the lawful disposal of any ash determined to be hazardous based on analytical results. Copies of this documentation must be provided to the City's Solid Waste Director for his/her review prior to the start of work. The Contractor shall be considered the owner of all debris brought to the debris reduction site. L. Site Closure: The Contractor shall be responsible for the closure of the debris site within 30 calendar days of receiving the last load of disaster-related debris. This closure shall include removal of site equipment, debris, and all remnants from the processing operation (such as temporary toilets, observation towers, security fence, etc.), and grading the site, and restoring the site to pre-work conditions. The site will be restored in accordance with all state and local requirements. The Contractor is responsible for the proper disposal of non-burnable debris, ash, and wood chips. The Contractor shall receive approval from the City's Solid Waste Director as to the final acceptance of a site closure. Final payment shall be released to the Contractor upon acceptance of the site by the City's Solid Waste Director. M. Baseline Sampling and Testing: The Contractor must collect and test soil and groundwater samples at each TDSR site in areas designated for storm water retention, ash staging, vehicle maintenance, fuel dispensing operations and any areas where hazardous substances and petroleum products are or might be generated, stored, or used. Sample locations must be coordinated with the City's Solid Waste Director prior to acquisition. Samples must be tested for Total Petroleum Hydrocarbons (TPH) and Resource Conservation and Recovery Act (RCRA) metals. The Contractor must secure independent laboratory analytical tests for the referenced substances tested and provide the results to the City's Solid Waste DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 Director prior to the commencement of operations at the TDSR sites. N. Protection: Within the limits of or adjacent to the TDSR site, there may be existing underground electric, telephone and television cables and conduits, gas, water, and sewer utility lines that cannot be located from existing data. It is the responsibility of the Contractor to determine their exact location and to carry out his/her work carefully and skillfully so as to avoid damage to them. The City may elect to provide this information to the Contractor in advance. In any case, the Contractor shall ensure the locations of such utility installations are adequately marked. O. Temporary Utilities: All temporary utilities, including sewage disposal and potable water, must be provided by the Contractor. P. Signage: The Contractor must provide signs at each of the TDSR sites in accordance with City specifications that contain the following information: 1 . Contractor's superintendent name, address and local 24-hour telephone number; 2. Name of the TDSR site facility; and 3. Name, address, and telephone number of the City representative to contact in case of an emergency. Q. Plans: The Contractor must develop and provide to the City's Solid Waste Director the following prior to start-up: 1 . Site layout plan 2. Proposed operating procedures 3. Site/operations safety plan R. Startup: When all TDSR site preparations are completed, the Contractor must notify the City's Solid Waste Director, who will inspect the site and approve the site for commencement of TDSR site operations. TDSR Site Operations A. General Operations: The Contractor will operate each TDSR site in an effective and efficient manner for such time as the City's Solid Waste Director deems necessary. TDSR sites may operate on a 24- hour, 7-day basis unless otherwise directed by the City's Solid Waste Director to prevent undue impact on nearby residents. B. The Contractor must operate such equipment as is necessary to efficiently reduce by mechanical means or incineration all materials deposited at the TDSR site. The Contractor must segregate all debris in accordance with the method of processing and potential for DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 recycling and its ultimate disposal. C. The Contractor must separate and contain all hazardous wastes for pick up and disposal. Putrescible garbage shall be separated and contained for pick-up by the City's designated hauler. The Contractor must staff the TDSR sites with sufficient personnel to ensure the waste stream segregation and processing operation does not reduce the capacity to remove debris from City streets in a timely manner. The operation of each TDSR site must conform to these specifications and any permits issued for the TDSR site. The Contractor is responsible for all site and worker safety issues. D. Control of Material: The Contractor must make every effort to control the nature of the material allowed into the TDSR site, with the objective being to have only C&D materials, clean woody debris, household debris (other than HAZMAT and garbage) and similar materials brought to and deposited in the TDSR site. To the extent practicable, the Contractor must prevent hazardous materials and putrescible garbage from being brought onto the TDSR sites. Contractor must segregate hazardous materials and putrescible garbage, when discovered, for pick-up and disposal by the City's designated haulers. All materials brought to the TDSR site by vehicles under Contractor's control but not accepted at the TDSR site must be disposed of by the Contractor at a City approved landfill or by other legal means of disposal at the Contractor's expense. E. Environmental Controls: The Contractor is responsible for monitoring the temperature of stockpiled mulch at least twice daily to detect hot spots resulting from natural microbial decomposition. Upon finding a hot spot the Contractor must mechanically mix the affected mulch to cool it down and avoid creating a fire hazard. F. The Contractor must secure the services of an independent laboratory to sample and test any ash generated from burning prior to its lawful disposal. Copies of all documents pertaining to the disposition of the ash (e.g., analytical results, shipping manifests, certificates of destruction) must be submitted to the City's Solid Waste Director. G. The Contractor must, to the extent practicable, separate hazardous waste and asbestos from all woody and structural debris that is to be further processed, reduced, recycled, or burned. Segregation of asbestos from curbside debris planned for direct disposal at a landfill will not be required. H. Control of Rodents, Vermin, Insects, Birds, and Wildlife: The Contractor must operate the TDSR Sites in such a manner as to DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 minimize the possibility of infestation by rodents, other vermin, and insects and to minimize the potential for attracting birds and wildlife. The Contractor will be responsible for proper and safe application of rodenticide and insecticide as a precautionary tactic to minimize the potential for infestation. Additional applications of such materials shall be made as necessary to eradicate infestations. All sites and work areas will be subject to inspection and monitoring by City health and safety personnel. I. Debris Ownership and Disposal: The Contractor must remove or arrange for the removal and final disposal of all debris brought to the TDSR sites. Options include but are not limited to sending the material to an authorized and properly permitted, City approved disposal area, recycling facility or resale entity. The Contractor must maintain records for all materials, including processed debris, residue, and hazardous materials, being transported from the TDSR sites to disposal or recycling facilities. The Contractor must secure an EPA Identification Number prior to the lawful disposal of any ash determined to be hazardous based on analytical results. Copies of this documentation must be provided to the City's Solid Waste Director for his/her review. The Contractor shall be considered the owner of all debris brought to a TDSR site. J. The Contractor must assume possession of all processed debris and may dispose of such debris in a manner that creates income for the Contractor but must propose a revenue share that will be split with the City in the pricing proposal. Reduction and disposal of the debris is the sole responsibility of the Contractor. K. The City will be deemed to be the "generator' for the purposes of Texas and Federal laws, rules, and regulations. The Contractor will be responsible for complying with all applicable local, State, and Federal laws, rules, and regulations form the time the materials are picked up or accepted from others by the Contractor until the materials are accepted at the final disposal site(s). L. The Contractor shall ensure that all materials accepted for disposal are accepted at the final disposal site(s). M. The Contractor shall provide evidence of the lawful disposal of all materials in accordance with Federal and State regulations and submit that evidence to the City of Corpus Christi. TDSR Site Closure A. Restoration: The Contractor must restore all TDSR sites to their original condition to the extent feasible or to the satisfaction of the City's Solid Waste Director. Unless otherwise directed by the City's Solid Waste Director, all improvements (e.g., fencing, haul roads, trailers) DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 must be removed. The Contractor must reestablish grades (i.e., roads, and ditches) throughout each TDSR site. The Contractor must request and participate in site inspections by the City's Solid Waste Director for final approval of all site closure and restoration activities. B. Sampling and Testing: The Contractor must complete soil and groundwater closure sampling and testing in the areas described in the baseline sampling information. The same tests must be completed as were performed prior to commencing with TDSR site operations (TPH and RCRA Metals). The analytical results must be provided to the City's Solid Waste Director prior to closure of each TDSR site. Areas found to be contaminated above the baseline values must be remediated by the Contractor. The Contractor is regarded as the generator of such contaminants for the purposes of Federal environmental statutes. Compensation A. Preparation: TDSR site preparation will be paid for on a lump sum basis. This amount includes, but is not limited to, setup of up to three sites, baseline sampling and testing at all sites, signage, and any other preparations necessary to accept debris from the designated removal zones. If the Contractor and City's Solid Waste Director mutually agree that all three designated TDSR sites are not required, the lump sum amount stated in the Price Proposal will be proportionally reduced to reflect the number of TDSR sites actually prepared for operation. B. Operations and Disposal: TDSR site operations will be measured and paid for based on a unit price per cubic yard of debris that is accepted at TDSR sites for processing and disposal. The unit price per cubic yard must include all subsidiary costs including, but not limited to, labor, equipment, fuel, environmental controls, maintenance, general administration, and disposal. Compensation will be based on completed load tickets administered and validated by City disposal site monitors only. C. Closure: TDSR Site closure will be paid for on a lump sum basis. This amount includes, but is not limited to, restoration of all sites, sampling and testing at all sites, and any other activities necessary to convert the sites back to their original condition and usage. If the Contractor and City's Solid Waste Director mutually agreed not to open all three designated TDSR sites, the lump sum amount stated in the Price Proposal will be proportionally reduced to reflect the number of TDSR sites actually opened for operation. D. Payment Retainage: The City's Solid Waste Directorwill withhold from the Contractor's compensation any amounts; not to exceed 5%; in connection with deviation from acceptable procedures, negligence resulting in damage to public or private property, DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 unreasonable rates, inadequate record keeping, invoices for work not accomplished or equipment not used, fraudulent claims, or any devious or illegal practice. Stage 4: Hazardous, Toxic or Radiological Waste (HTRW) Disposal Planning and Management Stage 4 consist of collection, characterization, packaging, transporting, and disposing of Hazardous, Toxic or Radiological Waste (HTRW) following a major storm disaster or catastrophic event. General Description A. Work performed under these specifications shall meet or exceed the applicable State regulations and the applicable provisions of the Code of Federal Regulations (CFR) concerning Hazardous, Toxic or Radiological Waste (HTRW) as contained in proposal documents. B. Disposal sites utilized by the Contractor shall be licensed, as required by law, by the Environmental Protection Agency (EPA) and/or State of Texas. Proposers must specify those disposal sites that they intend to use and provide key information regarding the site such as location and permit numbers. C. The Contractor shall maintain a current EPA identification number and current Texas Commission on Environmental Quality (TCEQ) registration throughout the term of the contract. D. The Contractor shall maintain all required insurance coverage, and any Federal and State permits required for transportation and disposal of all Hazardous, Toxic or Radiological Waste (HTRW). Additionally, the Contractor will keep all inspection plans and records evidencing compliance with applicable Federal, State, and local regulations throughout the term of the contract. E. The Contractor may subcontract, at no charge to the City, services related to the recycling, reuse, collection, transportation, or disposal of the Hazardous, Toxic or Radiological Waste (HTRW) collected, where appropriate. F. Planning Standard for Hazardous Waste (HTRW) Disposal Services: 1 . The Department of Solid Waste Operations has selected a Category 4 wet hurricane that impacts the entire City with equal intensity as its planning standard. The worst case HTRW volume anticipated from such a storm impacting the entire city with equal intensity is 200,000 pounds of dry materials and 60,000 gallons of liquids. This estimated debris volume is strictly a planning figure for estimating potential removal and disposal needs. It is not a fixed quantity for the purpose of contractual obligations. The actual volume of HTRW may be greater than or less than the planning volumes, and probably will be less. For the purpose of this Proposal Package and solely for the purpose DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 of standardizing the contents of all submittals and evaluation, the Contractor shall use planning figures of 200,000 pounds of dry materials and 60,000 gallons of liquid as the initial volume estimates for post-disaster hazardous waste removal. Contractor pricing will be submitted for various volumes of HTRW to include pricing for small storms that may require up to 0 to 60,000 lbs. dry/17,000 gals. liquid HTRW; 60,001 to 120,000 lbs. dry/17,001 to 34,000 gals liquid HTRW, 120,001 to 200,000 lbs. dry/34,001 to 60,000 gals liquid HTRW; and above 200,000 lbs. dry/60,000 gals. liquid HTRW. 2. The City's Solid Waste Department's goal is to complete the HTRW removal and disposal process in 90 calendar days. This assumes that the entire area of the City will be accessible within that period. Due to the low elevation and potential for flooding, some areas might not be accessible for several weeks after a major natural disaster. The Contractor must be aware that it might not be possible to initiate operations in all parts of the City simultaneously immediately after a storm. Objectives A. Work under this section consists of post-storm/disaster operations to collect, characterize, package, transport and dispose of Hazardous, Toxic or Radiological Waste (HTRW). This project is divided into two Categories: 1 . Household Hazardous Waste (HHW) and 2. Industrial/Commercial Hazardous Waste (ICHW). B. Potential Contractors will be required to bid on each Category. C. Categories HHW and ICHW are to be performed on a unit price basis. D. Hazardous, Toxic or Radiological Waste (HTRW) operations will include: Category 1 - Household Hazardous Waste (HHW) 1 . Used or leftover contents of consumer products that contain chemicals with one or more of the following characteristics, as defined by the Environmental Protection Agency: 1 ) Toxic, 2) Flammable, 3) Corrosive and/or 4) Reactive. Examples of household hazardous waste include small quantities of normal household cleaning and maintenance products, latex and oil- based paint, cleaning solvents, gasoline, oils, swimming pool chemicals, pesticides, propane gas cylinders, etc. 2. The City's Solid Waste Director will identify specific pickup locations or areas for HHW collection. The Contractor will not have to sort DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 through rights-of-way debris piles looking for potential HHW materials. Residents will be instructed to place their HHW items in separate piles that will be easily identifiable or to take HHW materials to designated drop-off locations. This will allow citizens to return to their properties and bring debris and HHW to the rights- of-way as recovery progresses. The City's Solid Waste Director will prescribe the specific procedures to be used after ascertaining the scope and nature of the disaster's impacts. 3. The general concept of HHW collection from TDSR sites will only be once a day for approximately 3 weeks or as directed by the City's Solid Waste Director. Category 2- Industrial/Commercial Hazardous Waste (ICHW) 1 . Material and products from institutional, commercial, recreational, industrial, and agricultural sources that contain certain chemicals with one or more of the following characteristics, as defined by the Environmental Protection Agency: 1) Toxic, 2) Flammable, 3) Corrosive; and/or 4) Reactive. 2. The City's Solid Waste Director will identify the location of certain commercial and industrial hazardous and toxic waste, low-level radiological wastes, biological, medical (including possibly infectious wastes) and animal carcass wastes, and petroleum and other wastes, including spills discovered upon City rights-of- way or City property. Once identified, the Contractor will be responsible for collection, characterization, packaging, transportation, and disposal actions. All activities will be coordinated with the City Solid Waste Director before work begins. 3. Definitions for the waste types detailed above may be found within the regulatory citations detailed in the contract. This includes materials, whose source may be non-residential or unidentified, which may come to rest on City property. This scope of work does not include explosives. The Contractor's responsibility will include disaster related spill response in the City rights-of-way or on City property. Preparedness Key personnel, proposed by the Contractor under the pre-qualification process, must participate in the City's annual hurricane preparedness training activities, a maximum of two days each year at the Contractor's expense. Prepositioninq Upon activation of the contract, Contractor must provide a two-person management team on-site to participate in advance recovery preparations. DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 Expected time frame for activation is approximately 48 hours prior to projected hurricane landfall. The purpose is to initiate actions necessary to ensure that Contractor resources will be able to begin HHW/ICHW operations within 24 hours of receiving the Notice to Proceed from the City. Inspection of Hazardous, Toxic or Radiological Waste (HTRW) Debris As soon as possible after the storm/disaster event has subsided, the Contractor must make a detailed and thorough on-site inspection with a representative from Solid Waste Services of areas from which HHW/ICHW is to be removed. Contractor should consider: 1 . Amounts and types of Hazardous, Toxic or Radiological Waste (HTRW); 2. Working conditions such as traffic, street/road width, and land use; 3. Means to ingress and egress work areas; and 4. All other factors affecting the work. Coordination Hazardous,Toxic or Radiological Waste (HTRW) clearing, and removal is limited to that which is determined by the City's Solid Waste Director to be in the interest of public safety and that which is considered essential to the economic recovery of the affected area. The City's Solid Waste Director established by the City for the hurricane/disaster event will determine priorities for HHW / ICHW Clearing and Removal. The Contractor must coordinate with other contractors and other public and private entities also performing recovery operations. Collection, Characterization, Packaging, Transportation and Disposal of Hazardous, Toxic or Radiological Waste (HTRW) A. The Contractor will remove Hazardous, Toxic or Radiological Waste (HTRW) debris from the rights-of way and City property to allow for the movement of emergency vehicles, law enforcement, resumption of critical services, and damage assessment of critical public facilities and utilities. 1 . First collection priorities are to remove Hazardous, Toxic or Radiological Waste (HTRW) from the following facilities: • Police Department • Fire Stations • Corpus Christi International Airport • Hospitals 2. Secondary collection priorities are to remove Hazardous, Toxic DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 or Radiological Waste (HTRW) from the following facilities: • City Hall • City Service Center • County Courthouse • Elliott Landfill • Maintenance Services • Water Filtration Plants • Wastewater/Sewage Treatment Plants • Other Facilities designated by the City's Solid Waste Director Hazardous, Toxic or Radiological Waste (HTRW) removal priorities above may be adjusted by the City's Solid Waste Director at any time during recovery operations. Pickup Locations The City's Solid Waste Director will identify specific pickup locations or areas for Hazardous, Toxic or Radiological Waste (HTRW) collection. The Contractor will not have to sort through rights-of-way debris piles looking for potential Hazardous, Toxic or Radiological Waste (HTRW) materials. Residents will be instructed to place their Hazardous, Toxic or Radiological Waste (HTRW) items in separate piles that will be easily identifiable or to take Hazardous, Toxic or Radiological Waste (HTRW) materials to designated drop-off locations. This will allow citizens to return to their property and bring debris and Hazardous, Toxic or Radiological Waste (HTRW) to the rights-of-way as recovery progresses. The City's Solid Waste Director will prescribe the specific procedures to be used after ascertaining the scope and nature of the disaster's impacts. Hazardous, Toxic or Radiological Waste (HTRW) Removal Exhibit A, "Removal Zones", identifies areas within the City where Hazardous, Toxic or Radiological Waste (HTRW) removal is required, as well as the locations of TDSR sites assigned to each zone. During HHW/ICHW removal operations, extreme caution must be exercised by the Contractor to ensure that no damage is done to public or private properties. The Contractor will be responsible for repair/replacement of any damage caused by negligence to public or private property to the satisfaction of the City's Solid Waste Director at no additional cost to the City. Loading/Hauling A. All vehicles utilized in hauling Hazardous, Toxic or Radiological Waste (HTRW) must be equipped with adequate means for containing the load, including canvas covering while transporting the material. B. Covering must effectively prevent Hazardous, Toxic or Radiological Waste (HTRW) from being blown or bounced off the vehicles. DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 Sideboards or other extensions to the bed will be permitted provided they meet state and local requirements, cover the front and two sides and are substantially constructed. C. Sideboards must be constructed of two-inch (2") by six-inch (6") boards or greater and may not extend more than 2 feet above the metal bed sides. D. Vehicles must be equipped with a tailgate that will effectively contain the HHW/ICHW on the vehicle while hauling, and also permit the vehicle to be loaded to capacity. Disposal of Hazardous, Toxic or Radiological Waste (HTRW) A. All Hazardous, Toxic or Radiological Waste (HTRW) must be disposed of according to current local, State, and Federal regulations at approved landfills. B. Contractor's responsibilities include the following: 1 . Provide the services described in the Contract upon receipt of a Notice to Proceed from the City's Solid Waste Director immediately following a hurricane or other disaster. 2. Furnish all equipment, material, and labor required to collect, categorize, transport, and properly dispose of all HHW/ICHW. 3. Assume all liability and responsibility for collected Hazardous, Toxic or Radiological Waste (HTRW) waste from the time the work begins until final disposition, including but not limited to handling and transportation to a City of Corpus Christi approved disposal site. 4. Be responsible for all costs incurred in the handling of collected Hazardous, Toxic or Radiological Waste (HTRW) including categorization, packaging, transporting, disposal, and marketing of recyclables if appropriate. 5. All collected Hazardous, Toxic or Radiological Waste (HTRW) is subject to regulations and restrictions imposed by the EPA and the Texas Commission on Environmental Quality (TCEQ) or its successor agency. 6. Keep all records that may be required by law or by the City under this contract for the purpose of payments to the Contractor or reimbursement to the City for disaster related expenses. 7. Mobilize to the site provided by the City and commence with site set-up activities to facilitate the timely receipt of Hazardous, Toxic or Radiological Waste (HTRW). DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 General Concept of Operations A. The Contractor shall provide a two-person management team on- site within 24 hours following Notice to Proceed to participate in recovery evaluation planning. The purpose is to initiate actions necessary to ensure that Contractor resources match the anticipated workload. B. Contractor will establish a Hazardous, Toxic or Radiological Waste (HTRW) processing site at a location acceptable to the City of Corpus Christi to be fully operational within 7 days. Collection priorities will be coordinated by the City's Solid Waste Director. Emphasis will be placed on those materials posing an imminent threat to public health and safety. C. The Contractor shall establish and implement a curbside HTRW collection program in consultation with the City's Solid Waste Director as soon as public rights-of-way are cleared for traffic. Curbside collection shall occur at prescribed intervals as specified by the City's Solid Waste Director. D. The Contractor shall also establish and implement periodic collection of Hazardous, Toxic or Radiological Waste (HTRW) at the designated TDSR sites in coordination with the TDSR site Contractor and City's Solid Waste Director. E. The Contractor shall allow the City or regulatory agency monitoring personnel to oversee and assess the collection, characterization, packaging, transportation, and disposal of Hazardous, Toxic or Radiological Waste (HTRW) through monitoring and spot inspection of records and field activities. F. The Contractor shall respond to spills and releases of other hazardous materials in public rights-of-way or on other public property. Spill response will include the prevention of movement of materials into waterways or public rights-of- way, clean-up of spills and other releases, and the identification and notification to the City's Solid Waste Director of spills which are beyond the response capabilities of the Contractor. G. The Contractor may conduct such recycling of materials as may be agreed to between the City's Solid Waste Director and the Contractor following a natural disaster. H. The Contractor shall maintain such records as to demonstrate lawful disposal of all materials as are required by law and specified herein. The Contractor shall also provide all such cost accounting information as may be required by the City to satisfy cost documentation for FEMA. DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 I. The Contractor shall cooperate with the clearing, hauling, and TDSR site Contractors in an efficient manner to facilitate the timely removal of HTRW from all City property and TDSR sites. J. Contractor shall mobilize with appropriate equipment and personnel to the HTRW processing site within 24 hours of Notice to Proceed. The site must be fully operational within 7 days of Notice to Proceed. Contractor must coordinate with the City's Solid Waste Director prior to mobilization and setting up operations. K. The Contractor shall provide an Administrative Crew which will include the following personnel and resources: 1 . Project Coordinator 2. Field Project Manager, 3. Administrative Assistant 4. Office trailer with communications and generator 5. Two pickup trucks 6. Four passenger cars L. The Administrative Crew shall be mobilized immediately following the notice to proceed and shall remain in place throughout the project. The Administrative Crew shall direct and coordinate the actions of the individual crew and task area managers. M. The Contractor shall provide a Collection Site Management Crew which will include the following personnel and resources: • Chemist • Field Project Supervisor • Health and Safety Specialist • Administrative Assistant • Office Trailer with communications and generator • Two pickup trucks • One passenger car N. The Collection Site Management Crew will require personnel protection equipment (PPE). HTRW recovery normally requires Level D protection, which includes breathable oversuit, eye protection, safety shoes, hardhat, and hand protection. O. The Collection Site Management Crew shall coordinate and direct the activities of each of the HTRW Separation, Pickup, and Packaging Crews. P. The Contractor shall provide an HHW / ICHW Waste Separation DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 Crew which will include the following personnel and equipment: 1 . Two Field HM Technicians 2. One pickup truck with communications Q. The Waste Separation Crew will require personnel PPE. HHW recovery normally requires Level D protection, which includes breathable oversuit, eye protection, safety shoes, hardhat, and hand protection. R. The Waste Separation Crews will be responsible for initial identification of HHW / ICHW material deposited at the curbside or on City property. They will not be required to dig through debris piles since citizens will be instructed to place their HHW in separate piles. Waste Separation Crews shall consolidate the items from individual homes at curbside locations on plastic and or in plastic bins to await pickup. The objective is for these crews to proceed through the areas of concern in order to stage a sufficient amount of HHW to improve the efficiently of the HHW Pick-up Crews. S. The Contractor shall provide an HHW / ICHW Waste Pick-up Crew which will include the following: 1 . One pick-up truck with communications 2. One Field HM Technician T. The Waste Pick-up Crew will require personnel PPE. Hazardous, Toxic or Radiological Waste (HTRW) recovery normally requires Level D protection, which includes breathable oversuit, eye protection, safety shoes, hardhat, and hand protection. The Contractor's Safety Officer shall determine if P100 Dust Masks are required during collection operations. U. The Waste Pick-up Crews shall pick-up the consolidated and prepackaged HHW and transport these items to the site selected by the City of Corpus Christi for segregation by hazardous class. The Waste Pick-up Crews shall be in communications with the HHW Separation Crew to allow for the coordination of the pick-up of full bins and re-supply of empty bins. V. The Contractor shall provide a Waste Segregation Crew which will include six Containment Area Technicians with communications. W. The Waste Segregation Crew will require personnel PPE. HHW recovery normally requires Level D protection, which includes breathable oversuit, eye protection, safety shoes, hardhat, and hand protection. X. The Waste Segregation Crew shall segregate the HHW into hazardous classes as it is received from the Waste Pick-up Crews. DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 Y. Based on the characterization of the waste, the waste shall be packaged following Federal, State, and USDOT requirements and applicable OSHA standards to protect personnel during packaging and handling operations. Any material requiring containerization shall be repackaged as necessary. The Waste Segregation Crew shall also ensure that materials temporarily staged next to one another are compatible and shall not pose a health and safety hazard. Training and Qualifications of Personnel A. Contractor will ensure that all personnel involved with this program are trained for the level of expertise required for the proper performance of task, in particular, in the areas of chemical incompatibility, spills, and general first aid procedures in accordance with 29CFR 1910.120. B. The Contractor will provide personnel with both handling and personal protective equipment appropriate to ensure the safe handling of Hazardous, Toxic or Radiological Waste (HTRW). C. The Contractor shall be trained in the proper procedures for identifying and managing hazardous, biological, medical, and radiological wastes in accordance with applicable Federal and State regulations. D. The Contractor will provide a two-person management team to participate in an annual disaster preparedness training program of not more than two days at the Contractor's expense. Safety and Spill Contingency Plans A. The Contractor is responsible for ensuring that Hazardous, Toxic or Radiological Waste (HTRW) is properly handled, packaged, and disposed of in a lawful manner and in a manner so as to prevent health and safety hazards created by the improper combination of wastes. B. The Contractor is responsible for ensuring that all contractor and subcontractor personnel involved with Hazardous, Toxic or Radiological Waste (HTRW) operations are appropriately trained, qualified, outfitted, equipped, and monitored in accordance with all applicable federal and state of Texas occupational health and safety requirements, including but not limited to current OSHA regulations for hazardous waste operations. C. The Contractor is responsible for maintaining the appropriate safety requirements, depending upon the associated hazards, volume of traffic and weather conditions. All operations must be performed in a safe manner in accordance with State and Federal regulations. DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 Contractor shall operate all vehicles and equipment in a safe and effective manner. Special attention must be paid to the operation of collection trucks in residential areas following a natural disaster to preclude injury to pedestrians, particularly children. D. The Contractor shall follow basic protection guidelines, which include but are not limited to the following: 1 . Wearing of work uniform, safety glasses/chemical splash goggles and safety shoes. 2. Wearing of chemical resistant gloves; Tyvek coveralls/apron will be required when handling waste materials. 3. Lab packaging of Hazardous, Toxic or Radiological Waste (HTRW) will require the appropriate level of protective gear, with the addition of a protective over suit. 4. Ensuring that an individual air-purifying respirator, equipped with organic vapor/acid gas/high efficiency combination cartridges, is available within reach of al personnel who are opening any containers. 5. Segregation and packaging of liquid waste will require Tyvek coveralls/apron, chemical resistant gloves and boots. Additionally, respirator protection and chemical goggles/face shield (if not using a full- face respirator) may be required. 6. Development, adherence to, enforcement of, and maintenance of a site safety plan consistent with current OSHA requirements in 29CFR. 7. Ensuring that all personnel involved in Hazardous, Toxic or Radiological Waste (HTRW) operations are properly trained (HAZWOPER, etc.) and certified consistent with current OSHA requirements in 29CFR. E. Spill Contingency Plan During Collection Operations: The Contractor is responsible for coordination of collection activities with emergency services and fire departments. A list of these agencies and service will be maintained at the collection facility and will consist of, but not be limited to the following: • Phone number and address of TCEQ • Ambulance and rescue services • Fire and police departments • Directions to the appropriate hospital F. Emergency Response guidelines include but are not limited to the DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 following: 1 . Employee Related Safety: • The Contractor shall render minor first aid in situations of injury and exposure. • The Contractor shall maintain a first aid kit with sufficient supplies to care for minor injuries and exposure. • The Contractor shall provide an on-site personal eyewash station. • In a situation of inhalation of a toxic compound, the individual(s) must be removed to fresh air and transported to an emergency medical facility. Other personnel will be evacuated as necessary. If transportation/evacuation by the Contractor is not feasible, personnel will continue first aid treatment until medical personnel arrive. • The Contractor shall have the equipment necessary to evaluate potentially radioactive materials. 2. Waste Related Safety: • Waste related incidents include, but are not limited to splashes, spills, fires, explosions, chemical reactions or releases of toxic gases or vapors, and radiation. • In a waste related emergency situation, the Contractor is responsible for assessing the situation and will initiate the appropriate action. • The Contractor shall maintain on-site emergency spill response equipment including Class AFC dry chemical fire extinguishers, absorbent, and shovels. • Where appropriate, the Contractor shall restrict public access to the collection areas as deemed necessary. • Collection areas shall be designated non-smoking and shall be posted with "No-Smoking" signs. • Notification of State and local emergency agencies is the responsibility of the Contractor. General Rules Governing Personnel Handlinq Hazardous, Toxic or Radiological Waste (HTRW) A. Eating, drinking, and smoking are strictly prohibited at active work locations. B. All atmosphere supplied respiratory devices must meet at least the DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 requirements of the specifications for Grade D breathing air as described in the Compressed Gas Association Commodity Specification G-7.1-1966. C. If evacuation is necessary, the Contractor shall ensure that: 1 . All on-site personnel and program customers are alerted. 2. All personnel, volunteers and customers are evacuated to a pre- designated area. 3. A count will be made of all personnel. 4. No person may be assigned to a task that requires the use of respiratory protection, until they are trained and determined to be physically capable of using such devices. This determination will be made by a physician. D. Beards, facial hair, and sideburns (which may interfere with respirator sealing) are prohibited for all personnel using respiratory protection, including Contractor, City staff, visitors, volunteers, State and Federal representatives. E. The Contractor will have the authority to remove anyone from the collection site and prohibit their re-entry if the Contractor determined that the person threatens site safety and/or security. F. Materials shall be identified to the degree necessary to prevent the mixing of substances that would create a health or safety problem due to ignition, fumes, or explosion. G. All personnel shall observe the City's (and Contractor's) drug and alcohol policies. Site and Operational Security A. The City of Corpus Christi will determine the site that will be the primary facility for accepting, storing, processing, and recycling of HTRW. This facility shall be secured daily at closing by locking all samples, packaged chemicals, site materials, emergency equipment, etc., in the appropriate storage buildings. B. Any storage building or transport trailer containing collected wastes must be appropriately marked to discourage tampering. Identification, Testing and Processing Procedures Waste Determination and Identification: A. The Contractor shall work in conjunction with the City's Solid Waste Director in assessing the volumes, types, and locations of HTRW located within the City following a hurricane or other natural DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 disaster. B. The Contractor shall, where possible, adequately classify and segregate waste for proper packaging, transportation, and disposal. C. The Contractor shall test waste or have it tested to the extent necessary or practical for packaging and transport according to United Stated Department of Transportation (USDOT) hazard classes and disposal requirements. The Contractor will provide equipment for use on-site that will be used to identify or categorize waste for disposal. Collection General Collection Procedures: 1 . The Contractor shall be responsible for responding to the collection requirements based on priorities established by the City's Solid Waste Director. 2. The Contractor shall be responsible for collection debris from the curbside, City rights-of-way, and all TDSR sites. HTRW will only be removed from private property when there is a significant threat to human health and safety and the Contractor is notified in writing by the City's Solid Waste Director and or his representative. 3. The Contractor shall complete interim measures to contain and abate HTRW that may spread and cause additional hazards for the City. 4. The Contractor shall collect HTRW only during daylight hours. 5. The Contractor shall make a minimum of three passes over the City in conjunction with the debris hauling Contractor to be completed at the following intervals unless directed otherwise by the City's Solid Waste Director: • Initial Pass: Within 72 hours of being notified by the City's Solid Waste Director that a street, block, or section of the city is cleared. • Second Pass: Not more than one week later or as directed by the City's Solid Waste Director. • Third Pass: Not more than three weeks after the second pass or as directed by the City's Solid Waste Director. DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 TDSR Sites: A. The Contractor shall make daily passes to each of the designated TDSR sites for collection of HTRW or as directed by the City's Solid Waste Director. B. Prior to deployment, all vehicles are to be equipped with the proper operation and safety equipment as specified in the safety plan. The Contractor shall provide for communications with all vehicles during daily operations. C.The Contractor's services shall also include emergency spill response. D. During curbside pick-up of HHW, the Contractor shall consolidate packages without opening into lab packs or over-packs. Bulking or mixing of materials will not be allowed at curbside. Provision for Shipping Containers The Contractor shall provide containers and packaging for shipping hazardous wastes that meet transportation and disposal requirements and applicable State and Federal requirement. Shipping containers shall, to the maximum extent possible, conform to the container sizes listed in the pricing portion of this contract. Other Pre-shipment Tasks The Contractor shall utilize an inventory control system that ensures proper record keeping and manifesting of hazardous waste shipments. Preparation of waste for shipment must be in accordance with applicable USDOT regulations regarding packaging, labeling, marking, and display of placards. Transportation to Temporary Site A. The City will provide a location for the temporary storage, segregation, and recycling of HTRW. B. The Contractor shall establish procedures for the transportation to and from the temporary site in accordance with all applicable Federal requirements concerning the transportation of HTRW. Such procedures shall be designed to ensure that prevention of loss of material and the efficient movement of material to the temporary site. Additional Testinq The Contractor shall conduct additional testing of materials only at the predetermined site for appropriately classifying, segregation, packaging, transporting, and disposing of HTRW. Such additional testing shall be designed DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 to ensure packaging of similar materials, and to provide information necessary to select appropriate disposal sites so incompatible materials are not commingled. Batch Processinq Batch processing of materials will be allowed by the Contractor in the interest of time and cost-effectiveness. As a matter of public safety, batch processing will be allowed only at the site determined by the City of Corpus Christi. Batch processing at any other location is prohibited. In cases where batch processing is undertaken, the Contractor will characterize the materials, record the nature of the materials, and segregate by grouping materials of the same hazard characteristics. Preparation of Material for Transport A. The Contractor shall supply all necessary technical personnel, labor, equipment, and materials to properly collect, categorize, package, mark, label, and load for transport all Hazardous, Toxic or Radiological Waste (HTRW) located. B. The Contractor shall, to the extent practical, segregate HTRW. Following receipt of the waste, the Contractor's chemist will check each container for proper labeling and identification. If the container is properly identified, the material will be segregated according to hazard class and prepared for packaging. C. Once chemicals are properly identified, the Contractor shall recheck the chemicals for compatibility, list the contents on the drum container sheets, and pack the chemicals into drums or other appropriate containers. D. All drums and other containers will be packed by the Contractor according to EPA and USDOT guidelines for proper transportation, storage, and disposal of hazardous waste. All bottles, bags, or boxes received must be closed and placed in a drum bound with a steel band and bolt or placed in a drum or other acceptable container that is sealed. The drum or container must be filled with light weight, inert absorbent, sufficient to contain the entire volume of waste. USDOT shipping information, hazard labels, EPA codes, and a packing slip will be placed on the drum. The drums will then be given a specific Contractor code number. E. The Contractor shall place the properly packaged, labeled, and manifested drums in a trailer, or other sealed container, for storage prior to transportation to a licensed storage facility. The load will be transported in fully permitted trucks, rail cars or other authorized vehicles. The ultimate disposal of the hazardous waste will take place at federally permitted hazardous waste sites previously identified to, and approved by, the City's Solid Waste Director. DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 Disposal A. All HTRW materials shall be transported in EPA-compliant vessels or vehicles in accordance with applicable TXDOT and USDOT regulations. B. All HTRW materials shall be disposed of lawfully in a Federal/State permitted facility in accordance with applicable Federal and State regulations. C. The Contractor shall provide the City's Solid Waste Director with the name, location, and facility permit number of all disposal facilities prior to the shipment of any HTRW. Manifests and Destruction Documentation Record Keeping A. The Contractor shall provide certificates of disposal showing container numbers for all waste and methods of disposal. Copies of all manifests must be provided to the City's Solid Waste Director. B. Copies of certificates of destruction for all wastes taken from within the City under this contractwill be provided to the City'sSolid Waste Director in a timely manner. Contractor Created Spill Control and Response The Contractor is responsible for the clean-up and any associated costs of any spill as a result of its activities at the pick-up site, during transportation or at the disposal facility. Provisions will be made according to the requirements of the Contractor Spill Contingency Plan. The Contractor will clean-up spills in accordance with State and Federal regulations and verify that the clean-up meets applicable standards. The City reserves the right to verify costs and quantity of such clean-up required of the Contractor in performing tasks under the terms and conditions of this Contract. Acceptance of Work A. The Contractor shall comply with State and Federal regulations concerning Hazardous, Toxic or Radiological Waste (HTRW) collection programs. B. During the course of this work, the Contractor's representative must attend a daily coordination meeting with the City's Solid Waste Director or designated representative. C. The Contractor's representative must have the authority to act on behalf of the Contractor to address and resolve issues that may arise. D. In order to track progress in removing storm generated Hazardous, Toxic or Radiological Waste (HTRW), the Contractor shall submit a daily report in writing to the City detailing progress in collecting and disposing of HTRW. Report shall be submitted at the daily DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 coordination meeting and include the following information: 1 . Areas of the City where Hazardous, Toxic or Radiological Waste (HTRW) has been collected. 2. To the maximum extent practical, an itemized list of total waste quantities collected, transported, and disposed. This list will be separated by category (HHW or ICHW). 3. A description of any areas of concern or potential difficulties in performing such programs in the future including recommendations for modification to the collection procedures. 4. Letters or Certificates of Disposal demonstrating proper disposal of hazardous waste. E. The Contractor(s) shall also notify the City's Solid Waste Director of any significant damage to public or private property or major problems, such as equipment failure or loss of qualified labor. F. Hazardous Waste (HTRW) Disposal Management: 1 . The Contractor will serve as a general Contractor for the purpose of those operations and will use its resources to meet the obligations of the contract. 2. HTRW removal will generally be limited to materials in, upon, or brought to public streets and roads, rights-of-way, municipal properties and facilities, and other public sites. Contractor will be responsible for determining the method and manner of all HTRW removal and lawful disposal operations. Disposal of HTRW may be at any lawful site selected by the Contractor and approved by the City's Solid Waste Director. 3. The general concept of HTRW removal operations includes multiple, scheduled passes of each populated area and each right-of-way directed. This will allow citizens to return to their properties and bring materials to the rights-of-way as recovery progresses. The City will prescribe the specific procedures to be used after ascertaining the scope and nature of the disaster's impacts. Additional Requirements A. The Contractor shall allow the City staff and/or its agent to visit and inspect the collection activities, storage, processing site and all disposal facilities at any time. B. The Contractor shall state its compliance with all applicable rules and regulations of Federal, State, and local governing entities. DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 The Contractor shall submit a report detailing the breakdown of costs of supplies, collection, transportation, and disposal. The report shall be filed within thirty (30) calendar days of completing the disposal process for any and all wastes accepted during the collection event. The Contractor shall submit all cost accounting data which may be required by the City and FEMA related to this contract. Work Site and Conditions The work shall be performed within the city limits of the City of Corpus Christi, TX. Exhibit A, "Debris Management Zones/City Maps", defines the City limits. Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the City's Solid Waste Director 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. Work will be closely monitored by City personnel or their designated representatives and/or designated representatives of the Federal Emergency Management Agency (FEMA). The Contractor must cooperate with all monitors representing the City and FEMA. Special Instructions Measuring And Marking Vehicle Measuring and Marking: Prior to commencing any debris removal work, all the beds of the Contractor's hauling vehicles must be measured, and a certified (by Contractor) listing of all vehicle bed sizes with measurements must be submitted to the City's Solid Waste Director and updated whenever a new truck/trailer is added by the Contractor. All hauling vehicles must have the Contractor's name, vehicle number, and the measured capacity of the bed clearly visible on both sides of the vehicle. Minimum letter size shall be 3 inches in height. Fees And Payment A. Invoices shall be submitted in accordance with the unit prices and disposal requirements specified in the Contract. Any special requirements generating the need for additional fees must be approved by the City's Solid Waste Director prior to such expenditure. B. Five percent (5%) of the total Contract amount for any given collection event will be retained by the City until the satisfactory completion of all waste disposal activities, including the receipt by the City's Solid Waste Director of the reports specified above. The Contractor shall provide all documents pertaining to the disposition of all Hazardous, Toxic or Radiological Waste (HTRW) including but not limited to shipping manifests, bills of lading, and disposal certificates, certificates of destruction, certificates of recycling, land ban forms and waste DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 characterization forms. Within thirty (30) days of receipt of this information, the City will pay the full retained amount for the given collection event. If, however, any questions arise as to the disposition of any waste, the City will withhold payment until the questions are resolved as specified in the proposal. C. The City will pay tipping fees at the approved landfill. In the event the City's approved landfill is deemed inoperable due to flooding or inaccessibility, the City will identify an alternate landfill for use. The City will negotiate how the tipping fee will be assessed with the owner of the alternate landfill. (Technical Specification 01995). CONTRACTOR PERFORMANCE REVIEWS During the course of a post-natural disaster emergency response, the City will periodically review the performance of the Contractor with regard to timelines, efficiency, effectiveness of reporting and daily communications, safety, billing, and overall performance. A final performance review will take place between thirty (30) and sixty (60) calendar days following the end of the contract term. Both parties will be given the opportunity to address specification conformance, market conditions, and other factors. Equipment A. Several types and sizes of equipment to be used are listed in the Contractor's Price Proposal. This is intended to be a general listing at this time. Prior to beginning work, the Contractor will be required to more fully identify and submit to the City each item of equipment by type, size, and equipment number; the equipment number and the Contractor's name or initials must be permanently marked on each side of the vehicle at that time. Minimum letter size shall be 3 inches in height. Rates for equipment not listed in the Price Proposal must be established with the City's Solid Waste Director before such equipment may begin working. B. The equipment used for debris cleaning, removal and disposal services shall be of sufficient type, capacity, and quantity to perform the debris removal work safely and efficiently as specified herein. The equipment proposed to perform the work shall be capable of collecting debris in tight alleys, dead end streets and areas with low hanging trees. C. The Contractor shall provide a list of all equipment (including support equipment) to be used by the Contractor. All such equipment is subject to inspection by and final approval of the City. Such approval may require the Contractor to provide on-site demonstration of the capability of any DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 proposed equipment. The City will allow the Contractor a reasonable lead-time to obtain equipment requisite to pro- vision of the services described herein, however, the Contractor shall commence work with its existing equipment. The Contractor shall secure the Contract Administrator's approval of collection areas requiring debris cleaning, removal, and disposal services prior to commencing any work described therein. D. All vehicles used by the Contractor must be performance-worthy by visual and operational inspection. The City shall have the right to perform a complete inspection of all vehicles at any time during the term of the contract. Should any vehicle, when inspected, in the determination of the City, not meet those standards the City feels are necessary to provide the services specified herein or to operate safely, the City may require the Contractor to bring such vehicle to standard before the Contractor may return such vehicle to service. Equipment Storage The Contractor is responsible for locating and securing areas where his/her equipment may be stored, serviced, and repaired. Such areas must not be located within rights-of-way or in any areas that would impact traffic flow or produce a safety hazard. This does not preclude parking equipment for short periods of time, including overnight, in rights-of- way areas where work is in progress. On-site refueling and operating checks including daily maintenance will be allowed only at properly prepared areas. Liquidated Damages A. The City will assess liquidated damages for late or untimely performance and may, at the City's Solid Waste Director's sole option, elect to allow Contractor to continue with the work under this Agreement or may declare Contractor to be in breach and default of the Contract and order Contractor to remove all equipment and personnel from the work site. The amount of actual damages resulting from Contractor's late or untimely performance may be difficult to ascertain and both Parties agree that the liquidated damaged assessed are reasonable and are not a penalty. B. All remedies for Contractor's late performance shall be nonexclusive and cumulative without waiver of any other, and the City's Solid Waste Director's election of one shall not preclude the City from pursuing any other. DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 C. Should Contractor fail to complete requirements set forth the Scope of Work, the City will suffer damage, including but not limited to unsafe and unsanitary conditions caused by the presence of disaster-generated debris, which constitutes a danger to the health and safety of the general public. Contractor shall pay the City, as liquidated damages, the following: 1 . $5,000.00 per calendar day of delay to mobilize in the City with the required resources and equipment set forth in the Scope of Work to begin debris removal operations within 12 hours of the Notice to Proceed. 2. $2,500.00 per calendar day for failure to maintain at least 85% of loading devices and hauling available for the Exigency Periods as defined herein. 3. $1,000.00 per calendar day for failure to collect and haul to the debris disposal site at least 10,000 cubic yards of disaster debris per day. Weather related incidents will be considered. 4. $1,000.00 per load of disaster debris collected in the City that is not disposed of at a City approved DMS or City approved Final Disposal Site. Application of liquidated damaged does not release the Contractor of all liability associated with hauling and depositing material to an unauthorized location. 5. $500.00 per incident where the Contractor fails to repair damages that are caused by the Contractor or subcontractor(s). Application of liquidated damages does not release the Contractor from the responsibility of resolving or repairing damages. 6. $500.00 per calendar day of delay to complete the project by the agreed upon project completion date. 7. $500.00 per calendar day of delay to remediate each DMS to the original condition based on the completion date set forth by the City and Contractor per DMS. 8. $100.00 per incident where the Contractor fails to provide sufficient documentation to the City's Solid Waste Director to support FEMA eligibility of the work performed. This liquidated damage will only apply when the contract is activated for a FEMA eligible disaster. 9. $10,000.00 per calendar day until final completion of services, by either Contractor, City, or any third Party, where Contractor abandons services or fails to complete the requirements of this Agreement. DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 D. The amounts specified above are mutually agreed upon as reasonable and proper amount of damage the City should suffer by failure of the Contractor to complete requirements set forth in the Scope of Work. E. If the Contractor fails to achieve final completion within the time fixed by the City's Solid Waste Director, Contractor shall pay the City the sum set forth above as liquidated damages per day for each and every calendar day of unexcused delay in achieving final completion beyond the date set forth herein for final completion of services. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the City, estimated at or before the time of executing this Contract. When the City's Solid Waste Director reasonably believes that final completion will be inexcusably delayed, the City's Solid Waste Director shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the City to be adequate to recover liquidated damages applicable to such delays. If and when the Contractor overcomes the delay in achieving final completion, or any part thereof, for which the City has withheld payment, the City shall promptly release the Contractor those funds withheld, but no longer applicable, as liquidated damages. Liquidated damages shall be deducted first from any earned sums due to the Contractor. Exhibits • Exhibit A - Debris Management Zones • Exhibit B - Location of Temporary Debris Staging and Reduction Site (TDRS) • Exhibit C - Clearing Priorities • Exhibit D - Debris Classification DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 EXHIBIT A rr z oz o Z gm v o � w o JL .. .......... � f f a r � � CD r { i—.i g ..1 ..� N � z _ r s R o — _ caZz ♦r� CM i X { hip{ Hurricane Recovery Zones DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 � 1 I ! i f f_ aC �`RSTIr Tulosp M id"'Y L FOaq s Zone 1 � I - � � o � 1 I I 1 � 1 �I I r 1 a - i e � I � 1 i 1 v m o = m n dm z -" a v w 0 114 a' b v � S R Hurricane Recovery Zones DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 �EeE� A - Nueces Bay jj Z % r 1 xny AGNE5 Fn�I`/44 Zone 2 A BEAR W!5[O50 F7 I C i N. h J I G�ariga/ �3sai ®DW o m O x m A ::E G) m fr / — S F M IL3 o � m cNn n � S N mI Hurricane Recovery Zones DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 Nueees Beier 1��® s ® --J IL a 1 — 1 / V AGNES aone 3 Corpus Christi Bu, f 11 h.sno-li— n BEAR wen oso v ISI In � J } � D II CFiidren ®� ®•.e U®Da w l ... Hurricane Recovery Zones DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 GREENW- J � y Li ` /I x / 0 0 2 1 BE o z ! r E n o r �,- �� m �. r � t c 1 o sn ° o m m N '- m l �� Hurricane Recovery Zones DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 � SII CO w ST ti x� T a � ram 'NEBE U d __- HART I tl +1 r� STAPL S ` D 1\ � . � o Oil _ _ O 1 r�—FTI RRON � � I �IP i I i W4\C1tiE. I [ RODD FIE D I _ --_--- 2 { O Q 0 s _ CO z 0 O m ' C < O G � r1 m ROS HER CO n 3 Z D `LOB U'F.E R -- N � - 0m ! Hurricane Recovery Zones DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 Corpus Christi Bay / / / Cay el 050 r GRAHAM RD. 4- %A�HOLLY RD d PATRICIO DR Lim RIDGE m - ' � PIdJ DDE DJ� O ® tai Bluff f GLENOA"DR LU CARIBBEAN DR soIn - rx / RAMFIELD DR r KTOWN BLVD � I 1 I � _ L-----------------------------------n a g :. a ®Ex3Di � _ w z ® r A ® ` 1 / '31 � Hurricane Recovery Zones DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 I f d ! ! d _ d I ! i d f d -- d I d Corpus Christi Bay -- I d ! I ! 3 I ! J ! 1 ! I I I ! 1 I Zone 7 Gulf of Mexico Cavo DeI 0— CD so -- E I i _ Y - t 1 I I m z J = m a CT y W d w m esr 3 � o Laguna 3 Madre 0 O �...� M F Hurricane Recovery Zones y a DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 EXHIBIT B LOCATION OF TEMPORARY DEBRIS STAGING AND REDUCTION (TDSR) SITES Debris storage and reduction sites will be identified and evaluated by the City's Solid Waste Director that is familiar with the area. Temporary debris collection sites should be readily accessible by recovery equipment and should not require extensive preparation or coordination for use. Collection sites will be on public property when feasible to facilitate the implementation of the mission and mitigate against any potential liability requirements. Activation of sites will be under the control of the City's Solid Waste Director and will be coordinated with other recovery efforts. The following is a list of current temporary holding sites: J. C. Elliott Transfer Station, 7001 Ayers St. Cefe Valenzuela Landfill, 2397 County Road 20, Robstown, Texas Westside Landfill Closed, 3702 Carbon Plant Rd. (Joe Fulton Highway & Herns Ferry Rd. area) DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 EXHIBIT C CLEARING PRIORITIES The debris removal process must be initiated promptly and conducted in an orderly, effective manner in order to protect public health and safety following a major or catastrophic event. To achieve this objective, the first priority will be to clear debris from key roads in order to provide access for emergency vehicles and resources into the impacted area. Key roads in The City of Corpus Christi are identified as follows: Corpus Christi Police Department Locations: Corona Sub 4510 Corona Dr. Flour Bluff Sub 1456 Waldron Rd. New Annaville Sub 1925 Tuloso Rd. Old Annaville Sub 4100 Allison Rd. Saratoga Sub (Gang Unit) 2230 Saratoga Corpus Christi Fire Stations: Station 1 - 514 Belden St. Station 2 - 13421 Leopard St. Station 3 - 1401 Morgan Station 4- 2338 Rodd Field Rd. Station 5 - 3105 Leopard St. Station 6 - 6713 Weber Rd. Station 7- 3722 S. Staples St. Station 8 - 4645 Kostoryz Rd. Station 9 - 501 Navigation Blvd. Station 10 - 1550 Horne Rd. Station 11 - 910 Airline Rd. Station 12- 2120 Rand Morgan Rd. Station 13 - 1802 Waldron Rd. Station 14 - 5901 S. Staples. St. Station 15- 14202 Commodores Dr. Station 16 - 8185 State Gwt 361 , Port Aransas Station 17 - 6869 Yorktown Blvd. Station 18 - 6226 Ayers Corpus Christi International Airport- 1000 International Dr. DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 Corpus Christi Hospitals: Christus Spohn Memorial 2606 Hospital Blvd. Christus Spohn Shoreline 600 Elizabeth St. Christus Spohn South 5950 Saratoga Blvd. CCMC Bay Area 7101 SPID CCMC Doctors Regional 3315 South Alameda St. Driscoll Children's Hospital 3533 South Alameda Public Facilities: City Hall 1201 Leopard St. City Service Center 5352 Ayers St. County Courthouse 901 Leopard St. ON Stevens Water Plant 13101 Up River Rd Wastewater/Sewage Treatment Facilities: Greenwood Wastewater Treatment Plant 6541 Greenwood Dr. Oso Wastewater Treatment Plant 501 Nile Dr. Allison Wastewater Treatment Plant 4101 Allison Dr. Broadway Wastewater Treatment Plant 1402 W. Broadway Laguna Madre Wastewater Treatment Plant 201 Jester St. Whitecap Wastewater Treatment Plant 13409 Whitecap Blvd. Other Facilities so designated by the City's Solid Waste Director. DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 EXHIBIT D DEBRIS CLASSIFICATION To facilitate the debris management process, debris will be segregated by type. It is recommended that the categories of debris established for recovery operations will be standardized. The City will adopt the categories established for recovery operations by the U.S. Army Corps of Engineers. Debris removed will consist of two broad categories; clean wood debris and construction and demolition debris. Most common hurricane- generated debris will consist of 30% clean woody material and 70% construction and demolition (C&D). Of the 70% mixed C&D it is estimated 42%will be burnable but require sorting, 5% will be soil, 15% will be metals, and 38% landfill. Definition of classifications of debris are as follows: Burnable Materials: Burnable materials will be of two types with separate burn locations: Burnable Debris: Burnable debris includes, but is not limited to, damaged and disturbed trees; bushes and shrubs; broken, partially broken, and severed tree limbs; and bushes. Burnable debris consists predominately of trees and vegetation. Burnable debris does not include garbage or construction and demolition material debris. Burnable Construction Debris: Burnable construction and demolition debris consists of non-creosote structural timber, wood products, and other materials designated by the coordinating agency representative. Non-burnable Debris: Non-burnable construction and demolition debris includes, but is not limited to, creosote timber, plastic, glass, rubber and metal products, sheet rock, roofing shingles, carpet, tires, and other materials as may be designated by the coordinating agency. Garbage will be considered non-burnable debris. DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 Disaster Debris Clearing,Removal,and Disposal Services ATTACHMENT B - PRICING SCHEDULE STAGE 1 ITEM DEBRIS CLEARING SERVICES DESCRIPTION UNIT QTY UNIT PRICE TOTAL COST 1 Emergency Road Clearance HR 70 375.00 26,250.00 Debris Removal from Water Bodies (Bays, 15.00 2 Rivers, Streams, Canals, Lakes) CY 1,000 15,000.00 Removal of Leaning Trees and Hanging 98.00 6,860.00 3 Limbs HR 70 4 Demolition of Structures HR 70 165.00 11,550.00 6 Skid-Steer Loader (equipment & labor HR 70 140.00 9,800.00 7 Bucket Truck (equipment & labor HR 70 190.00 13,300.00 Chipper Mulcher with 8" Throat (equipment 45.00 3,150.00 8 & labor) HR 70 Chipper Mulcher with 12" Throat (equipment 3,500.00 9 & labor HR 70 50.00 Crash Truck with Impact Attenuator 130.00 9,100.00 10 (equipment & labor) HR 70 Crew Foreman w/ Cell Phone and Pickup 11 Truck (equipment & labor) HR 70 70.00 4,900.00 Dozer Tracked D5 or Equivalent (equipment 12 & labor) HR 70 90.00 6,300.00 Dozer Tracked D6 or Equivalent (equipment 13 & labor) HR 70 95.00 6,650.00 Dozer Tracked D7 or Equivalent (equipment 10,150.00 14 & labor HR 70 145.00 Dozer Tracked D8 or Equivalent (equipment 15 & labor HR 70 190.00 13,300.00 Dump Truck 16- 20 CY capacity 165.00 11,550.00 16 1 (equipment & labor HR 70 Dump Truck 21 - 30 CY capacity 12,250.00 17 (equipment & labor) HR 70 175.00 Dump Truck 38 +/- CY capacity (equipment 18 & labor) HR 70 185.00 12,950.00 19 Generator 5.5 - 25 kw capacity HR 70 20.00 1,400.00 20 Generator 200- 250 kw capacity HR 70 40.00 2,800.00 21 Generator 2500 kw capacity HR 70 260.00 18,200.00 22 Light Plant with Fuel and Support HR 70 45.00 3,150.00 Grader w/12 Blade minimum 30,000 lbs. 160.00 11,200.00 23 (equipment & labor) HR 70 121 DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 Disaster Debris Clearing,Removal,and Disposal Services Hydraulic Excavator, 1.5 CY, including 165.00 11,550.00 24 equipment and labor HR 70 Hydraulic Excavator, 2.5 CY, including 25 equipment and labor HR 70 175.00 12,250.00 Knuckleboom Loader, including equipment 290.00 26 and labor HR 70 20,300.00 27 Chainsaw (equipment and labor) HR 70 55.00 3,850.00 Labor w/small tools Traffic Control Flag 28 Person HR 70 50.00 3,500.00 Lowboy Trailer w/Trackor, including 115.00 8,050.00 29 equipment and labor HR 70 30 1 Log Skidder, including equipment and labor HR 70 165.00 11,550.00 Mobile Crane up to 15 Ton, including 31 equipment and labor HR 70 145.00 10,150.00 Operations Managerw/Cell Phone and 32 Pickup and labor HR 70 80.00 5,600.00 Pump, 95 HP ( Minumum 25' Intake and 200' Discharge to include fuel and Support 115.00 8,050.00 33 Personnel HR 70 Pump, 200 HP ( Minumum 25' Intake and 200' Discharge to include fuel and Support 195.00 13,650.00 34 Personnel HR 70 Pump, 650 HP ( Minumum 25' Intake and 200' Discharge to include fuel and Support 415.00 29,050.00 35 Personnel HR 70 Pickup Truck, 1/2 Ton, including equipment 36 and labor HR 70 20.00 1,400.00 Pickup Truck, 1 Ton, including equipment 25.00 1,750.00 37 1 and labor, as per specification per hour HR 70 Skid-Steer Loader, 1,500 LB Operating Capacity (w/ utility grapple), including 115.00 8,050.00 38 equipment and labor HR 70 Skid-Steer Loader, 2,500 LB Operating Capacity (w/ utility grapple), including 145.00 10,150.00 39 equipment and labor HR 70 Soil Compactor 80 HP, including equipment 40 and labor HR 70 70.00 4,900.00 Soil Compactor 81 HP+, including 41 equipment and labor HR 70 80.00 5,600.00 Soil Compactor Towed Unit, including 8,400.00 42 equipment and labor HR 70 120.00 Stump Grinder 30" diameter or less, 135.00 9,450.00 43 including equipment and labor HR 70 122 DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 Disaster Debris Clearing,Removal,and Disposal Services Traffic Control Temporary single lane 15,050.00 44 Closure, includingequipment and labor HR 70 215.00 Tree Climber w/chainsaw and gear, 90.00 6,300.00 45 1 including equipment and labor HR 70 Truck Flatbed, including equipment and 60.00 4,200.00 46 labor HR 70 Tub Grinder 800 to 1,000 HP, including 47 equipment and labor HR 70 490.00 34,300.00 Waste Collection Rear Loader Truck, 160.00 11,200.00 48 including equipment and labor HR 70 Water Truck , 2,500 gal (Non-Potable, Dust Control and Pavement Maintenance), 115.00 8,050.00 49 including equipment and labor HR 70 Wheel Loader 2.5 CY, 950 or equivalent, 190.00 13,300.00 50 including equipment and labor HR 70 Wheel Loader 3.5 to 4 CY, 966 or equivalent, 195.00 13,650.00 51 including equipment and labor HR 70 Wheel Loader 4.5 CY, 980 or equivalent, 16,450.00 52 including equipment and labor HR 70 235.00 Wheel Loader-Backhoe 1.0-1.5 CY, 53 including equipment and labor HR 70 145.00 10,150.00 Air Curtain Pit Burner, including equipment 54 and labor HR 70 75.00 5,250.00 Air Curtain Refactory, Incinerator, including 85.00 5,950.00 55 1 equipment and labor HR 70 Subtotal for items 1 - 55 544,410.00 STAGES 2 & 3 DEBRIS REMOVAL & DISPOSAL ITEM SERVICES DESCRIPTION UNIT QTY UNIT COST TOTAL COST 56 TDSR Site Peparation and Management LS 1 4,500.00 4,500.00 57 TDSR Site Closure LS 1 8,500.00 8,500.00 Debris Removal from Public Property or maintained Public Rights of Way and Haul 6.25 25,000,000.00 to a designated TDSR site or Final Disposal 58 Site 0 to 15 miles (one-way) CY 4,000,000 Debris Removal from Public Property or maintained Public Rights of Way and Haul 6.45 25,800,000.00 to a designated TDSR site or Final Disposal 59 Site 16 to 30 miles (one-way) CY 4,000,000 123 DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 Disaster Debris Clearing,Removal,and Disposal Services Debris Removal from Public Property or maintained Public Rights of Way and Haul to a designated TDSR site or Final Disposal 6.75 27,000,000.00 60 Site 31 to 60 miles (one-way) CY 4,000,000 Debris Removal from Temporary Debris Storage and Reduction Site (TDSRS) and Hauling to Final Disposal Site 0 tol5 one way 2.45 9,800,000.00 61 miles CY 4,000,000 Debris Removal from Temporary Debris Storage and Reduction Site (TDSRS) and Hauling to Final Disposal Site 16 to 30 one 2.70 10,800,000.00 62 way miles CY 4,000,000 Debris Removal from Temporary Debris Storage and Reduction Site (TDSRS) and Hauling to Final Disposal Site 31 to 60 one 2.90 1 1,600,000.00 63 way miles CY 4,000,000 Vegetative Debris Removal from Public Property or maintained Public Rights of Way and Haul to a designated TDSR site or Final 8.25 990,000.00 64 1 Disposal Site 0 to 15 miles (one-way) CY 120,000 Vegetative Debris Removal from Public Property or maintained Public Rights of Way and Haul to a designated TDSR site or Final 8.25 990,000.00 65 Disposal Site 16 to 30 miles (one-way) CY 120,000 Vegetative Debris Removal from Public Property or maintained Public Rights of Way and Haul to a designated TDSR site or Final 8.25 990,000.00 66 1 Disposal Site 31 to 60 miles (one-way) CY 120,000 Vegetative Debris Removal from Temporary Debris Storage and Reduction Site (TDSRS) and Hauling to Final Disposal Site 0 to 15 one 3.00 360,000.00 67 way miles CY 120,000 Vegetative Debris Removal from Temporary Debris Storage and Reduction Site (TDSRS) and Hauling to Final Disposal Site 16 to 30 3.25 390,000.00 68 1 one way miles CY 120,000 Vegetative Debris Removal from Temporary Debris Storage and Reduction Site (TDSRS) and Hauling to Final Disposal Site 31 to 60 3.50 420,000.00 69 one way miles CY 120,000 Hauling of White Goods such as: Refrigerators, Washer, Dryers, Freezers, Air Conditioners, Stoves, Water Heaters and 25.00 7,500.00 Dishwashers to a designated TDSR Site for 70 recycling EA 300 124 DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 Disaster Debris Clearing,Removal,and Disposal Services Refridgerators, Freezers and Air Conditioners requiring refridgerant recovery 50.00 5,000.00 71 management and decontamination EA 100 Hauling and Disposal of Damaged Electronics such as televisions, computer hardware, microwaves, radios, stereos, DVD 20.00 10,000.00 72 players and telephones. EA 500 75 Pick up and Disposal of Hazardous Material LB 1,000,000 .25 250,000.00 Dead Carcasses Collection, Transportation 8.00 8,000.00 76 and Disposal LB 1,000 Hazardous Stump Removal & Hauling to Disposal Site per cubic yard according to stump conversion table attachment E 47.00 35,250.00 77 (includes backfilling of stump holes) CY 750 Removal and disposal of hazardous trees 6' TO 12.99" in diameter and hauling to TDRS or 175.00 87,500.00 78 designated final disposal site. EA 500 Removal and disposal of hazardous trees 13" TO 24.99" in diameter and hauling to 185.00 46,250.00 79 TDRS or designated final disposal site. EA 250 Removal and disposal of hazardous trees 25" TO 36.99" in diameter and hauling to 195.00 97,500.00 80 TDRS or designated final disposal site. EA 500 Removal and disposal of hazardous trees 37" TO 48.99" in diameter and hauling to 50,000.00 81 TDRS or designated final disposal site. EA 250 200.00 Removal and disposal of hazardous trees 49" and larger in diameter and hauling to 210.00 21,000.00 82 TDRS or designated final disposal site. EA 100 Temporary Debris Staging and Reduction Site Operation, debris acceptance and pile 10 400,000.00 83 management CY 4,000,000 Volume reduction of debris through grinding 84 and or chipping CY 1,000,000 3.50 3,500,000.00 Volume reduction of debris through air 85 incineration CY 1,000,000 1.90 1,900,000.00 86 Baseline soil sampling (Pre & Post-use) EA 40 125.00 5,000.00 87 Groundwater sampling Per & Post-use EA 20 250.00 5,000.00 Subtotal for items 56 - 87 120,581,000.0 STAGE 4 ITEM HTRW SERVICES DESCRIPTION UNIT QTY UNIT COST TOTAL COST Removal and Hauling of Hazardous Waste 100.00 88 to Processing Site 0 to 15 miles Miles 10 10.00 125 DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 Disaster Debris Clearing,Removal,and Disposal Services Removal and Hauling of Hazardous Waste 89 to ProcessingSite 16 to 30 miles Miles 20 20.00 400.00 Removal and Hauling of Hazardous Waste 90 to ProcessingSite 31 to 60 miles Miles 30 30.00 900.00 Waste Categorization Sampling and 91 Analysis LS 1 500.00 500.00 Liquid Waste Disposal in 55 gallon drums 100.00 30,000.00 92 usingincineration method of disposal EA 300 Liquid Waste Disposal in 55 gallon drums 8,000.00 93 using injection method of disposal EA 40 200.00 Liquid Waste Disposal in 2,800 Gallon Vacuum Truck using injection method of 94 disposal EA 4 850.00 3,400.00 Liquid Waste Disposal in 2,800 Gallon Vacuum Truck using incineration method of 850.00 3,400.00 96 disposal EA 4 Dry Harzardous Waste Disposal- Roll-of Box for disposal at Landfill (TOTAL CAPACITY 1 .00 20.00 97 200,000 POUNDS) LB 20 98 Accident Spill Kits EA 10 175.00 1,750.00 99 Manifest Preparation EA 1 10 1 200.00 2,000.00 Subtotal for items 88 - 99 50,470.00 CONTRACTOR PERSONNEL ITEM ADMINISTRATIVE PERSONNEL UNIT QTY UNIT COST TOTAL COST 100 Senior Project Coordinator HR 8 70.00 560.00 101 Field Project Manager HR 8 70.00 560.00 102 Program/Documentation Manager HR 8 70.00 560.00 COLLECTION SITE MANAGEMENT PERSONNEL HR 8 60.00 480.00 103 Field Project Supervisor HR 8 70.00 560.00 104 Safety Manager HR 8 70.00 560.00 105 Debris Reduction Manager HR 8 60.00 480.00 106 Chemist HR 8 85.00 680.00 Waste Pickup Crew Hazardous Material 60.00 107 HM Field Technician HR 8 480.00 Waste Separation Crew HM Field 60.00 480.00 108 Technicians HR g Subtotal for Items 100 - 108 5,400.00 Grand Total for items 1 - 108 121,181,280.00 Grand Total reflects the annual contract amount 126 DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 ATTACHMENT C - INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Commercial General Liability $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 and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000 POLLUTION LIABILITY $1,000,000 Per Occurrence (Including Cleanup and Remediation) C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide 30 calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. E. Within 5 calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2022 Insurance Requirements Ins. Req. Exhibit 4-C Contracts for General Services -Services Performed Onsite - Pollution 10/06/2022 Risk Management - Legal Dept. DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 ATTACHMENT D - WARRANTY REQUIREMENTS There are no warranty requirements for this Service Agreement. DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 ATTACHMENT E: FEDERAL REQUIREMENTS DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 FEDERAL REQUIREMENTS TABLE OF CONTENTS Section No. Title FR-F01 Access to Records FR-F02 Breach of Contract FR-F03 Byrd Anti-Lobbying Amendment FR-F04 Clean Air Act and the Federal Water Pollution Control Act FR-F05 Compliance with Federal Law, Regulations, and Executive Orders FR-F06 Contract Work hours and Safety Standards Act FR-F07 Copeland "Anti-Kickback" Act (Construction Only) FR-F08 Davis-Bacon Act (Construction Only) FR-F09 Debarment and Suspension FR-F10 DHS Seal, Logo and Flags FR-F11 Equal Employment Opportunity (Construction Only) FR-F12 No Obligation by Federal Government FR-F13 Procurement of Recovered Materials FR-F14 Program Fraud and False or Fraudulent Statements or Related Acts FR-F15 Right to Inventions Made Under Contract or Agreement (Not for Public Assistance Contracts) FR-F16 Termination for Cause and Convenience END OF TABLE OF CONTENTS DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 FEDERAL REQUIREMENTS: FR-F01 ACCESS TO RECORDS Access to Records. The following access to records requirements apply to this contract: (1) The Contractor agrees to provide the City, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The Contractor agrees to provide the FEMA Administrator or authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. Reference: DHS Standard Terms and Conditions, v 3.0, ¶ XXVI (2013) DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 FEDERAL REQUIREMENTS: FR-F02 BREACH OF CONTRACT Any violation or breach of terms of this Contract on the part of the Contractor or its subcontractors may result in the suspension or termination of this Contract or such other action that may be necessary to enforce the rights of the parties of this agreement. City will provide Contractor written notice that describes the nature of the breach and corrective actions the Contractor must undertake in order to avoid termination of the Contract. City reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the City elects to terminate the Contract. The City's notice will identify a specific date by which the Contractor must correct the breach. City may proceed with termination of the Contract if the Contractor fails to correct the breach by deadline indicated in the City's notice. The duties and obligations imposed by the Contract documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. Reference: 2 CFR § 200 Appendix II(A) DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 FEDERAL REQUIREMENTS: FR-F03 BYRD ANTI-LOBBYING AMENDMENT Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. Reference: 31 U.S.C. § 1352 (as amended) DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 FEDERAL REQUIREMENTS: FR-F04 CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §7401 et seq. (2) The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Reference: 2 CFR § 200, Appendix II¶ (G) DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 FEDERAL REQUIREMENTS: FR-F05 COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The Contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. Reference: FEMA requirement DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 FEDERAL REQUIREMENTS: FR-F06 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (1) Overtime requirements. No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. Reference: 29 CFR § 5.5(b) DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 FEDERAL REQUIREMENTS: FR-F07 COPELAND "ANTI-KICKBACK" ACT NOT APPLICABLE TO THIS CONTRACT DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 FEDERAL REQUIREMENTS: FR-F08 DAVIS - BACON REQUIREMENTS NOT APPLICABLE TO THIS CONTRACT DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 FEDERAL REQUIREMENTS: FR-F09 DEBARMENT AND SUSPENSION (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by (insert name of subrecipient). If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to (name of state agency serving as recipient and name of subrecipient), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Reference: 2 CFR part 180, 2 CFR part 3000 DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 FEDERAL REQUIREMENTS: FR-F10 DHS SEAL, LOGO AND FLAGS The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. Reference. DHS Standard Terms and Conditions, v.3.0 ¶ XXV (2013) DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 FEDERAL REQUIREMENTS: FR-F11 EQUAL EMPLOYMENT OPPORTUNITY NOT APPLICABLE TO THIS CONTRACT DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 FEDERAL REQUIREMENTS: FR-F12 NO OBLIGATION BY FEDERAL GOVERNMENT The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, Contractor, or any other party pertaining to any matter resulting from the contract. Reference: FEMA requirement DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 FEDERAL REQUIREMENTS: FR-F13 PROCUREMENT OF RECOVERED MATERIALS (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements, or (iii) At a reasonable price. (2) Information about this requirement, along with the list of EPA-designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https-//www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. Reference: 2 CFR § 200.322 and 40 CFR part 247 DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 FEDERAL REQUIREMENTS: FR-F14 PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS RE RELATED ACTS The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. Reference: 31 U.S.C. Chap. 38 DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 FEDERAL REQUIREMENTS: FR-F15 RIGHT TO INVENTIONS MADE UNDER CONTRACT OR AGREEMENT NOT APPLICABLE TO THIS CONTRACT DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 FEDERAL REQUIREMENTS: FR-F16 TERMINATION FOR CAUSE AND CONVENIENCE Termination for Cause: (a) (1) The Government may, subject to paragraphs (c) and (d) below, by written notice of default to the Contractor, terminate this contract in whole or in part if the Contractor fails to - (i) Deliver the supplies or to perform the services within the time specified in this contract or any extension; (ii) Make progress, so as to endanger performance of this contract (but see subparagraph (a)(2) below); or (iii) Perform any of the other provisions of this contract (but see subparagraph (a)(2) below). (2) The Government's right to terminate this contract under subdivisions (1)(ii) and (1)(iii) above, may be exercised if the Contractor does not cure such failure within 10 days (or more if authorized in writing by the Contracting Officer) after receipt of the notice from the Contracting Officer specifying the failure. (b) If the Government terminates this contract in whole or in part, it may acquire, under the terms and in the manner the Contracting Officer considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the Government for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated. (c) Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include (1) acts of God or of the public enemy, (2) acts of the Government in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions (7) strikes, (8) freight embargoes, and (9) unusually severe weather. In each instance the failure to perform must be beyond the control and without the fault or negligence of the Contractor. (d) If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted supplies or services were DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule. (e) If this contract is terminated for default, the Government may require the Contractor to transfer title and deliver to the Government, as directed by the Contracting Officer, any (1) completed supplies, and (2) partially completed supplies and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and contract rights (collectively referred to as manufacturing materials in this clause) that the Contractor has specifically produced or acquired for the terminated portion of this contract. Upon direction of the Contracting Officer, the Contractor shall also protect and preserve property in its possession in which the Government has an interest. (f) The Government shall pay contract price for completed supplies delivered and accepted. The Contractor and Contracting Officer shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The Government may withhold from these amounts any sum the Contracting Officer determines to be necessary to protect the Government against loss because of outstanding liens or claims of former lien holders. (g) If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Government. (h) The rights and remedies of the Government in this clause are in addition to any other rights and remedies provided by law or under this contract. Termination for Convenience: (a) The Government may terminate performance of work under this contract in whole or, from time to time, in part if the Contracting Officer determines that a termination is in the Government's interest. The Contracting Officer shall terminate by delivering to the Contractor a Notice of Termination specifying the extent of termination and the effective date. (b) After receipt of a Notice of Termination, and except as directed by the Contracting Officer, the Contractor shall immediately proceed with the following obligations, regardless of any delay in determining or adjusting any amounts due under this clause: (1) Stop work as specified in the notice. (2) Place no further subcontracts or orders (referred to as subcontracts in this clause) for materials, services, or facilities, except as necessary to complete the continued portion of the contract. (3) Terminate all subcontracts to the extent they relate to the work terminated. DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 (4) Assign to the Government, as directed by the Contracting Officer, all right, title, and interest of the Contractor under the subcontracts terminated, in which case the Government shall have the right to settle or to pay any termination settlement proposal arising out of those terminations. (5) With approval or ratification to the extent required by the Contracting Officer, settle all outstanding liabilities and termination settlement proposals arising from the termination of subcontracts; the approval or ratification will be final for purposes of this clause. (6) As directed by the Contracting Officer, transfer title and deliver to the Government (i) the fabricated or unfabricated parts, work in process, completed work, supplies, and other material produced or acquired for the work terminated, and (ii) the completed or partially completed plans, drawings, information, and other property that, if the contract had been completed, would be required to be furnished to the Government. (7) Complete performance of the work not terminated. (8) Take any action that may be necessary, or that the Contracting Officer may direct, for the protection and preservation of the property related to this contract that is in the possession of the Contractor and in which the Government has or may acquire an interest. (9) Use its best efforts to sell, as directed or authorized by the Contracting Officer, any property of the types referred to in subparagraph (b)(6) of this clause; provided, however, that the Contractor(i) is not required to extend credit to any purchaser and (ii) may acquire the property under the conditions prescribed by, and at prices approved by, the Contracting Officer. The proceeds of any transfer or disposition will be applied to reduce any payments to be made by the Government under this contract, credited to the price or cost of the work, or paid in any other manner directed by the Contracting Officer. (c) The Contractor shall submit complete termination inventory schedules no later than 120 days from the effective date of termination, unless extended in writing by the Contracting Officer upon written request of the Contractor within this 120-day period. (d) After expiration of the plant clearance period as defined in subpart 49.001 of the Federal Acquisition Regulation, the Contractor may submit to the Contracting Officer a list, certified as to quantity and quality, of termination inventory not previously disposed of, excluding items authorized for disposition by the Contracting Officer. The Contractor may request the Government to remove those items or enter into an agreement for their storage. Within 15 days, the Government will accept title to those items and remove them or enter into a storage agreement. The Contracting Officer may verify the list upon removal of the items, or if stored, within 45 days from submission of the list, and shall correct the list, as necessary, before final settlement. DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 (e) After termination, the Contractor shall submit a final termination settlement proposal to the Contracting Officer in the form and with the certification prescribed by the Contracting Officer. The Contractor shall submit the proposal promptly, but no later than 1 year from the effective date of termination, unless extended in writing by the Contracting Officer upon written request of the Contractor within this 1-year period. However, if the Contracting Officer determines that the facts justify it, a termination settlement proposal may be received and acted on after 1 year or any extension. If the Contractor fails to submit the proposal within the time allowed, the Contracting Officer may determine, on the basis of information available, the amount, if any, due the Contractor because of the termination and shall pay the amount determined. (f) Subject to paragraph (e) of this clause, the Contractor and the Contracting Officer may agree upon the whole or any part of the amount to be paid or remaining to be paid because of the termination. The amount may include a reasonable allowance for profit on work done. However, the agreed amount, whether under this paragraph (f) or paragraph (g) of this clause, exclusive of costs shown in subparagraph (g)(3) of this clause, may not exceed the total contract price as reduced by (1)the amount of payments previously made and (2) the contract price of work not terminated. The contract shall be modified, and the Contractor paid the agreed amount. Paragraph (g) of this clause shall not limit, restrict, or affect the amount that may be agreed upon to be paid under this paragraph. (g) If the Contractor and the Contracting Officer fail to agree on the whole amount to be paid because of the termination of work, the Contracting Officer shall pay the Contractor the amounts determined by the Contracting Officer as follows, but without duplication of any amounts agreed on under paragraph (f) of this clause: (1) The contract price for completed supplies or services accepted by the Government (or sold or acquired under subparagraph (b)(9) of this clause) not previously paid for, adjusted for any saving of freight and other charges. (2) The total of - (i) The costs incurred in the performance of the work terminated, including initial costs and preparatory expense allocable thereto, but excluding any costs attributable to supplies or services paid or to be paid under subparagraph (g)(1) of this clause; (ii) The cost of settling and paying termination settlement proposals under terminated subcontracts that are properly chargeable to the terminated portion of the contract if not included in subdivision (g)(2)(i) of this clause; and (iii) A sum, as profit on subdivision (g)(2)(i) of this clause, determined by the Contracting Officer under 49.202 of the Federal Acquisition Regulation, in effect on the date of this contract, to be fair and reasonable; however, if it appears that the Contractor would have sustained a loss on the entire contract had it been completed, the Contracting Officer DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 shall allow no profit under this subdivision (iii) and shall reduce the settlement to reflect the indicated rate of loss. (3) The reasonable costs of settlement of the work terminated, including - (i) Accounting, legal, clerical, and other expenses reasonably necessary for the preparation of termination settlement proposals and supporting data; (ii) The termination and settlement of subcontracts (excluding the amounts of such settlements); and (iii) Storage, transportation, and other costs incurred, reasonably necessary for the preservation, protection, or disposition of the termination inventory. (h) Except for normal spoilage, and except to the extent that the Government expressly assumed the risk of loss, the Contracting Officer shall exclude from the amounts payable to the Contractor under paragraph (g) of this clause, the fair value as determined by the Contracting Officer, for the loss of the Government property. (i) The cost principles and procedures of part 31 of the Federal Acquisition Regulation, in effect on the date of this contract, shall govern all costs claimed, agreed to, or determined under this clause. (j) The Contractor shall have the right of appeal, under the Disputes clause, from any determination made by the Contracting Officer under paragraph (e), (g), or (1) of this clause, except that if the Contractor failed to submit the termination settlement proposal or request for equitable adjustment within the time provided in paragraph (e) or (1), respectively, and failed to request a time extension, there is no right of appeal. (k) In arriving at the amount due the Contractor under this clause, there shall be deducted (1) All unliquidated advance or other payments to the Contractor under the terminated portion of this contract; (2) Any claim which the Government has against the Contractor under this contract, and (3) The agreed price for, or the proceeds of sale of, materials, supplies, or other things acquired by the Contractor or sold under the provisions of this clause and not recovered by or credited to the Government. (1) If the termination is partial, the Contractor may file a proposal with the Contracting Officer for an equitable adjustment of the price(s) of the continued portion of the contract. The Contracting Officer shall make any equitable adjustment agreed upon. Any proposal by the Contractor for an equitable adjustment under this clause shall be requested within DocuSign Envelope ID: E9D7D6B9-8BEA-4E6B-9DOD-322647E65908 90 days from the effective date of termination unless extended in writing by the Contracting Officer. (m) (1) The Government may, under the terms and conditions it prescribes, make partial payments and payments against costs incurred by the Contractor for the terminated portion of the contract, if the Contracting Officer believes the total of these payments will not exceed the amount to which the Contractor will be entitled. (2) If the total payments exceed the amount finally determined to be due, the Contractor shall repay the excess to the Government upon demand, together with interest computed at the rate established by the Secretary of the Treasury under 50 U.S.C. App. 1215(b)(2). Interest shall be computed for the period from the date the excess payment is received by the Contractor to the date the excess is repaid. Interest shall not be charged on any excess payment due to a reduction in the Contractor's termination settlement proposal because of retention or other disposition of termination inventory until 10 days after the date of the retention or disposition, or a later date determined by the Contracting Officer because of the circumstances. (n) Unless otherwise provided in this contract or by statute, the Contractor shall maintain all records and documents relating to the terminated portion of this contract for 3 years after final settlement. This includes all books and other evidence bearing on the Contractor's costs and expenses under this contract. The Contractor shall make these records and documents available to the Government, at the Contractor's office, at all reasonable times, without any direct charge. If approved by the Contracting Officer, photographs, microphotographs, or other authentic reproductions may be maintained instead of original records and documents. Reference: 48 CFR 52.249; 2 CFR § 200 Appendix II(B) �o o& NCORPOR 1'0 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of February 28, 2023 DATE: February 20, 2023 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P.E., Director of Engineering Services 6effreye(a-)-cctexas.com (361) 826-3851 Michael Murphy, Chief Operating Officer for Corpus Christi Water michaelmur@cctexas.com (361) 826-3556 Josh Chronley, CTCD, Assistant Director of Finance & Procurement 0oshc2(a)cctexas.com (361) 826-3169 Professional Services Agreement Evangeline Groundwater Evaluation CAPTION: Motion authorizing a professional service agreement with HDR in the amount of $94,090.00 to evaluate an additional water supply strategy (Evangeline Groundwater Evaluation) to be integrated into the City's current water system to address impacts of growth, drought and regional water demands with funding from the FY 2023 Water Fund. SUMMARY: This item authorizes a professional services agreement with HDR to partner with the City that will set forth the terms and conditions under which HDR will deliver an evaluation of the Evangeline Groundwater water supply strategy. The evaluation will identify regulatory, costs, and implementation challenges associated with delivery of Evangeline groundwater supplies to the City, City wholesale customers, or existing or future industrial customers. BACKGROUND AND FINDINGS: HDR is specialized in engineering, architecture, environmental and construction services. HDR has an extensive history working with the City on water related projects ranging from Water Supply modeling, Aquifer Storage and Recovery, technical support for groundwater projects, among a few. HDR has a strong local presence and work leading our regions Texas Water Development Board water planning group (Region-N). Corpus Christi Water is working to evaluate additional water supply strategies to integrate into the City's water resources to address growth, impacts from drought, and to meet long-term regional water supply demands. Seawater desalination is the City's top water priority. However, the City has been in contact with Evangeline Laguna LP to deliver up to 25 million gallons per day (MGD) of groundwater located in San Patricio County. The purpose of this project is to identify regulatory requirements, costs, and implementation strategies as well as any challenges associated with delivery. Costs developed from this evaluation will be planning-level using the TWDB Uniform Costing Model (2018) updated to reflect ENR's December 2022 construction cost indices (CCI) for delivery to up to five (5) locations 1) Pipeline to O.N. Stevens WTP 2) Transport using Mary Rhodes Pipeline — Treated using reverse osmosis 3) Transport to wholesale customer (s) 4) Delivery to San Patricio Municipal Water District 5) Other configuration confirmed during kick-off meeting. PROJECT TIMELINE: A draft technical memorandum will be issued eight weeks after a kick-off meeting and receipt of requested materials. HDR will address City Staff comments received on the draft and issue the final technical memorandum within two weeks of receiving comments. ALTERNATIVES: An alternative is to not proceed with the agreement which will not provide the City with a third party review of the Evangeline Groundwater project. FISCAL IMPACT: This fiscal impact for FY 2023 is an amount of$94,090.00 for an engineering study evaluation of the Evangeline Groundwater water supply strategy, with funding available from the Water Fund 4010, organization 30230 —Water Supply Development. FUNDING DETAIL: Fund: Water Fund 4010 (Fund 4010) Department: Water (45) Organization: Water Supply Development (30230) Project: Evangeline Groundwater Study (Project No. 23186) Account: Professional Services (530000) Amount: $94,090.00 RECOMMENDATION: Staff recommends approval of the motion authorizing professional services agreement with HDR in the amount of$94,090.00 for the for an evaluation of the Evangeline Groundwater water supply strategy. LIST OF SUPPORTING DOCUMENTS: Professional Services Agreement Evangeline Groundwater Project Site Map Evangeline Groundwater Evaluation se �O O� H SERVICE AGREEMENT NO. 4645 U CONTRACT FOR PROFESSIONAL SERVICES �N�ORPnPPS Ea .1852 FOR PROJECT 23186 — EVANGELINE GROUNDWATER STUDY The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and HDR Engineering, Inc., 555 N. Carancahua, Suite 1600, Corpus Christi, Texas 78401 (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES ...................................................................2 ARTICLE II QUALITY CONTROL.......................................................................3 ARTICLE III COMPENSATION............................................................................3 ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................5 ARTICLE V OPINIONS OF COST ......................................................................5 ARTICLE VI INSURANCE REQUIREMENTS......................................................5 ARTICLE VII INDEMNIFICATION .........................................................................5 ARTICLE VIII TERMINATION OF AGREEMENT ..................................................6 ARTICLE IX RIGHT OF REVIEW AND AUDIT ....................................................7 ARTICLE X OWNER REMEDIES .......................................................................7 ARTICLE XI CONSULTANT REMEDIES.............................................................8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION ..........................................8 ARTICLE XIII MISCELLANEOUS PROVISIONS .................................................10 EXHIBITS Contract for Professional Services Page 1 of 12 ARTICLE I —SCOPE OF SERVICES 1.1 City and Consultant agree that the services provided are properly described in the Scope of Services, which is incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be performed by Consultant under this Agreement. Consultant will perform the Services in accordance with Exhibit A and with Consultant's response to the Request for Qualifications related to this project, which response is incorporated by reference into this Agreement as if set out here in its entirety. 1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request, Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant (in dollars). Changes in Consultant's proposed team as specified in the SOQ or Scope of Services must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City's General Conditions for Construction Contracts, excerpt attached as Exhibit D. 1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant's Scope of Services during the performance of the Consultant's services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders. 1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective contractors, subcontractors and suppliers. 1.7 For projects that require subsurface utility investigation: 1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A and A-1. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. Contract for Professional Services Page 2 of 12 1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local franchises, electric companies, communication companies, private pipeline companies and 3rd party owners/operators. 1.8 For project with potential utility conflicts: 1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts. 1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City. 1.9 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 1.10 The Consultant agrees to conduct all communication through and perform all project-related functions utilizing the City's project management system known as e-Builder. This includes all correspondence, submittals, payment requests and processing, contract amendments and construction phase activities. ARTICLE II —QUALITY CONTROL 2.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews (QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of the QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as needed. 2.3 Final construction documents that do not meet City standards in effect at the time of the execution of this Agreement may be rejected. If final construction documents are found not to be in compliance with this Agreement, Consultant will not be compensated for having to resubmit documents. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $94,090.00 3.2 The Consultant's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. Consultant shall submit a Rate Schedule with their proposal. 3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 3.4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3) days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time Contract for Professional Services Page 3 of 12 of billing. For work performed on a T&M Basis, the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices in compliance with the Texas Prompt Payment Act. 3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. 3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. Consultant shall indemnify and hold City harmless from any liens, claims, security interests or encumbrances filed by anyone claiming by, through or under the items covered by payments made by City to Consultant. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.9 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant's work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 3.5 above for services provided up to the date of suspension. Contract for Professional Services Page 4 of 12 ARTICLE IV—TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Procurement Division. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.3 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within ten business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.4 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.5 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, "completion of the Project" refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. ARTICLE V—OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or over the contractor's methods of determining prices, or over competitive bidding or market conditions, Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's experience and qualifications and represent Consultant's best judgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. ARTICLE VI — INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, Contract for Professional Services Page 5 of 12 officers, agents, employees, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. ARTICLE VIII —TERMINATION OF AGREEMENT 8.1 By Consultant: 8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 8.3 Termination Procedure 8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement Contract for Professional Services Page 6 of 12 showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. 8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX— RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 9.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement (Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X—OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; Contract for Professional Services Page 7 of 12 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 10.2 When the City incurs non-value added work costs for change orders due to design errors and/or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Consultant's response. 10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE XI — CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, epidemics, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within 21 calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. Contract for Professional Services Page 8 of 12 12.1.4 Within 30 calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have 30 calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 12.2 Mediation 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within 30 calendar days after a Party delivers a written notice of such dispute,then the Parties shall proceed with the mediation process contained herein. 12.2.2.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 12.2.2.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than 30 or more than 90 calendar days following the date of the request, except upon agreement of both parties. 12.2.2.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within 30 calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 12.2.2.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 12.3.1 In no event shall either Party be liable, whether in contract or tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Contract for Professional Services Page 9 of 12 Agreement. 12.5 In case of litigation between the parties, Consultant and City agree that they have knowingly waived and do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or connected to this Agreement, to proceed with a trial before the court, unless both parties subsequently agree otherwise in writing. 12.6 No Waiver of Governmental Immunity. This Agreement is to perform a governmental function solely for the public benefit. Nothing in this Agreement shall be construed to waive City's governmental immunity from lawsuit, which immunity is expressly retained to the extent it is not clearly and unambiguously waived by state law. ARTICLE XIII — MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 13.2 Provisions Required by Law. Each applicable provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were physically included herein. 13.3 Public Information. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Consultant agrees that the contract can be terminated if the Consultant knowingly or intentionally fails to comply with a requirement of that subchapter. 13.4 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent licensed professionals practicing under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13.5 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 13.6 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 13.7 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. Contract for Professional Services Page 10 of 12 13.8 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering into this Agreement. 13.9 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form. 13.10 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 13.11 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 13.11 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color, religion, national origin, gender, disability or age. 13.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, the Consultant's response to the Request for Qualifications related to this project, or in any other document prepared by Consultant and included herein, is in conflict with Articles I-XIII of this Agreement (Articles), the Articles shall take precedence and control to resolve said conflict. [Signature Page Follows] Contract for Professional Services Page 11 of 12 CITY OF CORPUS CHRISTI HDR ENGINEERING, INC. Jeff Edmonds, P.E. Date David C. Weston Date Director of Engineering Services Vice President, Gulf Coast Area Manager 555 N. Carancahua, Suite 1600 Corpus Christi, Texas 78401 (361) 696-3300 Office David.Weston@hdrinc.com Sam uel.Saldivar@hdrinc.com APPROVED AS TO LEGAL FORM: Assistant City Attorney Date Authorized By Council ATTEST City Secretary Date Contract for Professional Services Page 12 of 12 FN EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS SCOPE OF SERVICES PROJECT NAME: Evangeline Groundwater Evaluation 1. PROJECT DESCRIPTION The City of Corpus Christi (City) continues to evaluate additional water supply strategies to integrate into the City's current water system to address future growth, impacts from drought, and meet long-term regional water demands. The City has been in discussions with Evangeline Laguna LP for up to 25 million gallons per day (MGD) of groundwater supplies from San Patricio County (Evangeline Groundwater Project I Corpus Christi I (evangelinewater.com)). HDR met with City Staff on January 24, 2023 to discuss project needs which served as the basis for this scope. The purpose of this project is to identify regulatory, costs, and implementation challenges associated with delivery of Evangeline groundwater supplies to the City, City wholesale customers, or existing/future industrial customers. Planning-level costs will be developed using the TWDB Uniform Costing Model (2018) updated to reflect ENR's December 2022 construction cost indices (CCI) for delivery to up to five (5) locations which will be confirmed during the kick- off meeting with City staff, Evangeline representatives and designees. 2. SCOPE OF SERVICES The project will involve completion of the following six tasks. Data Request and Confirmation of Approach HDR will prepare an initial data request based on information gathered from meeting with City Staff on January 24, 2023 and submit to City Staff for forwarding to Evangeline and/or designees prior to kick-off meeting. Note: HDR will confirm the volume of water supply with City Staff. Water Quality Analysis HDR will compile available water quality data from the Evangeline Aquifer and prepare a summary table that compares with City of Corpus Christi current water supplies, and TCEQ and EPA primary and secondary drinking water targets. HDR will work with City of Corpus Christi staff to prepare a list of constituents for sampling and analysis for third-party testing. Regulatory Considerations HDR will review the San Patricio County Groundwater District rules and awarded production permit (expiring April 2024) and identify potential project risks. HDR will evaluate regulatory, permitting and implementation considerations and data gaps affecting long-term water supply reliability. HDR will consider previous studies on water quality, drawdown impacts, and subsidence potential to identify an overall risk profile associated with groundwater development from this project. HDR will discuss potential water rights precedents and regional drawdown impacts and mitigation responsibilities during the kick-off meeting with Evangeline Laguna LP hdrinc.coi 555 N. Carancahua, Suite 1600, Corpus Christi, TX 78401 EXHIBIT A 361-696-3300 Page 1 of 3 MSA 4216-General Civil Projects representatives. Project Alternative Evaluation HDR will evaluate up to 5 delivery options of raw or treated water supplies to include: 1- Pipeline to 0.N. Stevens WTP (ONS) 2- Transport using Mary Rhodes Pipeline — Treated using Reverse Osmosis 3- Transport to Wholesale Customer(s) 4- Delivery to San Patricio Municipal Water District (SPMWD) 5- Other configuration confirmed during kick-off meeting. Planning-level costs will be developed using the TWDB Uniform Costing Model (2018) updated to reflect ENR's December 2022 construction cost indices (CCI). HDR will prepare a cost comparison and non-economic factor comparison for the project alternatives related to supply reliability, consistency, water quality, operational complexity, costs, and/or other aspects of City interest. During an in-person workshop with City staff (Task 6), the alternatives will be scored, and the decision model results will be viewed in real-time. Technical Memorandum HDR will deliver a brief technical memorandum summarizing results of tasks above, including recommendation and next steps. The technical memorandum will summarize available water quality data and comparison to TCEQ and EPA standards for primary and secondary drinking water constituents. HDR will present a draft to City Staff with two weeks review time, to include a high-level summary for City Manager and/or City Council. HDR will accept City Staff comments on draft, revise accordingly, and submit a final draft to the City. Project Meetings and Administration Up to four (4) meetings total are included in this scope. HDR will meet with the City of Corpus Christi and Evangeline Laguna LP representatives and their engineer for an in-person kickoff meeting in San Antonio to obtain information on yield, water quality, drawdown impacts, treatment options, and delivery points for project consideration. During Task 4, HDR will coordinate a two (2) hour in-person workshop with City staff to review draft capital/O&M cost estimate information and confirm criteria of interest for comparing alternatives. Technical subject matter leads will be available virtually. Guidance received from the City during this meeting will be incorporated into the report prepared by HDR under Task 5. A brief virtual presentation will be made to City staff that summarizes draft findings of the study after delivery of the draft technical memorandum. At City Staff request, HDR will present the final technical memorandum results in an in-person meeting with City Manager and executive team. In addition to project meetings, this task will provide for general project management and administration activities including project coordination, internal HDR project accounting, and preparation of progress reports and invoices associated with this task order. This task also includes up to 2 follow-up calls with Evangeline or their consultants to gather additional information or clarification during project execution. EXHIBIT A 555 N. Carancahua, Suite 1600, Corpus Christi, TX 78401 TASK ORDER 6 361-696-3300 Page 2 of 3 FYZ 3. SCHEDULE A draft technical memorandum will be issued 8 weeks after the kick-off meeting and receiving data request materials. Schedule assumes two weeks for City Staff review and comment of draft technical memorandum. HDR will address City Staff comments received on the draft and issue the final technical memorandum within two weeks of receiving comments. i1C7 YIf1G.CG 555 N. Carancahua, Suite 1600, Corpus Christi, TX 78401 EXHIBIT A 361-696-3300 Page 3 of 3 Exhibit B Summary of Fees EVANGELINE GROUNDWATER EVALUATION Basic Services: Contract Total Contract 1.Groundwater Technical Memo $94,090.00 $94,090.00 2. $0.00 Subtotal Basic Services Fees $94,090.00 $94,090.00 Additional Services: 1. $0.00 $0.00 Subtotal Additional Services $0.00 $0.00 Summary of Fees Basic Services Fees $94,090.00 $94,090.00 Additional Services Fees $0.00 $0.00 Total of Fees $94,090.00 $94,090.00 EXHIBIT C SCHEDULE EVANGELINE GROUNDWATER EVALUATION Task Name Date NTP TBD Kickoff Meeting 1 week upon receiving NTP Receipt of Data 2 weeks upon receiving NTP Draft Technical Memorandum 8 weeks after NTP City Review/Comment 2 weeks from draft submittal Final Technical Memorandum 2 weeks from City comments +, N p p p o 0 0 0 0 0 0 0 00 0 0 0 O O O O O M O O O m m m LO M LO 0V Q 0 0 0 0 0 LO 0 0 ~ ~ ~ O O O M O UO Cl) N M N CO L E 0 04 a U cwt �. Q 0 0 00 0 O O O p 00 O 00 0 J mE O O O O O O O O m 0LO0LO 0Om m m o LO� 111- NN 0 NT0 rnV o a cn g '� O � I- LO I- � � M N LI- C%4 O� M LO � � � j K3 60} 60} 60} 60} Ef} Ef} O W O O 00 O O O O p p p O 00 O 0 0 0 09 0 0 0 o m m m 0 0 0 0 J V O O O O O 0 0 0 0 O O O O H N Ef3 Ef3 N S M W 61), 61), V 2 O O 00 O O O O p 00 O 00 O W N O O 99 O O O O m m m O O O O p M 4) 0 0 0 0 0 0 0 0 � � � O 0 0 0 Z 0 O O 60, 61), 0 61), 61), 61), 61), OHO O O O LO LO LO LO a a s W O O O O O O O O p p p 00 O O -� - 4) 99990 O O O m m m O 999 V 0 0 0 0 0 0 0 0 0 0 0 0 L o 66 o66 665 o LO LO oLOLO W W > O U LO o a� H X 'It N ? CO U X N O O 00 O O O O p p p O O O O LU X o o 0 0 0 0 0 0 o m m m o 0 0 0 2 O O O O i 0 0 LO 0 LO O N N ~ ~ ~ Iq LO Iq O CO) CO W Z Z O O O O f- W) N O r CO f� N f- a) W ++ H O Cl) S M 00 N 00 -If N V LV •V 0 U E!> E!> EA EA EA EA EA EA EA EA O LU ti � Ja '� N 0 0 0 0 0 O O O p p p 0 O O O ? N > 0 0 0 0 0 0 O O I-- 1-- O 1- J LO CN I- O Z N O N (D N M co J U 69- _7 I_ _ _ _ _ N Q U EA EA EA EA EA EA EA Z C3-.Z 0 0 0 0 0 O O O p p p 0 O O O W CO " O O O O O9 O O m m m 0 O O O W L 000000 000 � � � 0 000 00 � � Z6ov 06ov6ov 0 V), CN V), CN 0 cq � o U0 0 QN o LL O O 00 O O O O p 00 O 00 O Co0 + 0 o 0 0 0 0 0 0 o m m m O o 0 0 X00000 0000 000 Cl) CO r o o � 0 0 0 0 0 0 0 = W g ma as co U ci W Wcu LL 0 =' W c- 42 u°i >. .° Li ( W �- � 4) CU - LL d CU t5 cu o rn 2 Q F m � w V W v U V1 to d E L Q Q J N ca 0 70 o D a) c6 c6 °� U O cu _0 O o a m 0o d p m U cn Q a a 0 cn cn cn m Q ; ; Exhibit B Page 1 of 1 EXHIBIT D Insurance Requirements Pre-Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1 .2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements PROFESSIONAL LIABILITY $1 ,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must be prior to inception of agreement, have 3-year reporting period provisions or be maintained for 3 years after project completion. 1 .3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1 .4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, with the exception of professional liability, which may be on a per claims made basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1 Rev 12/20 1 .5 Consultant is required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1 .6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1 .6.1 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non-renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1 .7 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1 .8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1 .9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1 .10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1 .11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2 Rev 12/20 EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services is NULL to this Agreement. EXHIBIT D Page 1 of 1 SUPPLIER NUMBER TO BE ASSIGNED BY CITE PURCHASING DIVISION tir►rr� City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicaf�le, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: HDR Engineering, Inc. P. O.BOX: STREET ADDRESS: 555 N Carancahua St. Stel600 CITY: Corpus Christi ZIP: 78401 FIRM IS: 1. Corporation ® 2. Partnership ❑ 3. Sole Owner E]4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name Job Title and City Department(if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm." _Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name Consultant N/A FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the Public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: David C Weston Title: Vice President (Type or Print) Signature of Certifying �,/ Date: Person: 02/20/23 DEFINITIONS a. `Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain,whether professional,industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements.,, g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Evangeline Groundwater Project Site Map Refugio r - ' County ....� Bee l County u s 77 Evangeline-Laguna Project , 181 +23,000 Acres San Patrido St. Pau I, ��`' County a� 5C �r '=fe I( NORTH}ry City of Sinton r�°` Wei�I I SCALE IN MILES 0 1 2 Weld Park Gfrilip�m �cL i +' cwm.HrsaH S1 T014 us, 1 1=)� February 16, 2023 10365346 Mr. Jeff H. Edmonds, P.E., Director of Engineering Services City Of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 RE: Evangeline Groundwater Evaluation —City of Corpus Christi Dear Mr. Edmonds, We appreciate the opportunity to partner with the City of Corpus Christi on the Evangeline Groundwater Evaluation. The City of Corpus Christi is interested in evaluating the delivery of Evangeline Laguna LP (Evangeline) groundwater supplies to the City, City wholesale customers, or existing/future industrial customers. The City continues to evaluate additional water supply strategies to integrate in the City's current water system to address future growth, impacts from drought, and meet long-term regional water demands. The City has been in discussions with Evangeline regarding their groundwater supply. The purpose of this project is to identify regulatory, costs, and implementation challenges associated with delivery of this groundwater. A detailed scope of services and schedule for the Evangeline Groundwater Evaluation project is included in Exhibit A. In summary, HDR is requesting a lump sum amount of$94,090.00 as detailed in the Fee Summary - Exhibit B for providing the services outlined in the scope of work. If you have any questions, don't hesitate to contact us to discuss further. Sincerely, HDR ENGINEERING, INC. r' Samuel Saldivar, Jr., P.E. David C. Weston Civil Group Lead Gulf Coast Area Manager CC: Esteban Ramos, P.E., City of Corpus Christi Enclosure: Exhibit A—Scope of Services Exhibit B—Summary of Fees Exhibit C-Schedule hdrinc.com 555 N. CarancahuaSuite 1600Corpus Christi,TX 78401-0849 (361)696-3300 FN EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS SCOPE OF SERVICES PROJECT NAME: Evangeline Groundwater Evaluation 1. PROJECT DESCRIPTION The City of Corpus Christi (City) continues to evaluate additional water supply strategies to integrate into the City's current water system to address future growth, impacts from drought, and meet long-term regional water demands. The City has been in discussions with Evangeline Laguna LP for up to 25 million gallons per day (MGD) of groundwater supplies from San Patricio County (Evangeline Groundwater Project I Corpus Christi I (evangelinewater.com)). HDR met with City Staff on January 24, 2023 to discuss project needs which served as the basis for this scope. The purpose of this project is to identify regulatory, costs, and implementation challenges associated with delivery of Evangeline groundwater supplies to the City, City wholesale customers, or existing/future industrial customers. Planning-level costs will be developed using the TWDB Uniform Costing Model (2018) updated to reflect ENR's December 2022 construction cost indices (CCI) for delivery to up to five (5) locations which will be confirmed during the kick- off meeting with City staff, Evangeline representatives and designees. 2. SCOPE OF SERVICES The project will involve completion of the following six tasks. Data Request and Confirmation of Approach HDR will prepare an initial data request based on information gathered from meeting with City Staff on January 24, 2023 and submit to City Staff for forwarding to Evangeline and/or designees prior to kick-off meeting. Note: HDR will confirm the volume of water supply with City Staff. Water Quality Analysis HDR will compile available water quality data from the Evangeline Aquifer and prepare a summary table that compares with City of Corpus Christi current water supplies, and TCEQ and EPA primary and secondary drinking water targets. HDR will work with City of Corpus Christi staff to prepare a list of constituents for sampling and analysis for third-party testing. Regulatory Considerations HDR will review the San Patricio County Groundwater District rules and awarded production permit (expiring April 2024) and identify potential project risks. HDR will evaluate regulatory, permitting and implementation considerations and data gaps affecting long-term water supply reliability. HDR will consider previous studies on water quality, drawdown impacts, and subsidence potential to identify an overall risk profile associated with groundwater development from this project. HDR will discuss potential water rights precedents and regional drawdown impacts and mitigation responsibilities during the kick-off meeting with Evangeline Laguna LP hdrinc.coi 555 N. Carancahua, Suite 1600, Corpus Christi, TX 78401 EXHIBIT A 361-696-3300 Page 1 of 3 MSA 4216-General Civil Projects representatives. Project Alternative Evaluation HDR will evaluate up to 5 delivery options of raw or treated water supplies to include: 1- Pipeline to 0.N. Stevens WTP (ONS) 2- Transport using Mary Rhodes Pipeline — Treated using Reverse Osmosis 3- Transport to Wholesale Customer(s) 4- Delivery to San Patricio Municipal Water District (SPMWD) 5- Other configuration confirmed during kick-off meeting. Planning-level costs will be developed using the TWDB Uniform Costing Model (2018) updated to reflect ENR's December 2022 construction cost indices (CCI). HDR will prepare a cost comparison and non-economic factor comparison for the project alternatives related to supply reliability, consistency, water quality, operational complexity, costs, and/or other aspects of City interest. During an in-person workshop with City staff (Task 6), the alternatives will be scored, and the decision model results will be viewed in real-time. Technical Memorandum HDR will deliver a brief technical memorandum summarizing results of tasks above, including recommendation and next steps. The technical memorandum will summarize available water quality data and comparison to TCEQ and EPA standards for primary and secondary drinking water constituents. HDR will present a draft to City Staff with two weeks review time, to include a high-level summary for City Manager and/or City Council. HDR will accept City Staff comments on draft, revise accordingly, and submit a final draft to the City. Project Meetings and Administration Up to four (4) meetings total are included in this scope. HDR will meet with the City of Corpus Christi and Evangeline Laguna LP representatives and their engineer for an in-person kickoff meeting in San Antonio to obtain information on yield, water quality, drawdown impacts, treatment options, and delivery points for project consideration. During Task 4, HDR will coordinate a two (2) hour in-person workshop with City staff to review draft capital/O&M cost estimate information and confirm criteria of interest for comparing alternatives. Technical subject matter leads will be available virtually. Guidance received from the City during this meeting will be incorporated into the report prepared by HDR under Task 5. A brief virtual presentation will be made to City staff that summarizes draft findings of the study after delivery of the draft technical memorandum. At City Staff request, HDR will present the final technical memorandum results in an in-person meeting with City Manager and executive team. In addition to project meetings, this task will provide for general project management and administration activities including project coordination, internal HDR project accounting, and preparation of progress reports and invoices associated with this task order. This task also includes up to 2 follow-up calls with Evangeline or their consultants to gather additional information or clarification during project execution. EXHIBIT A 555 N. Carancahua, Suite 1600, Corpus Christi, TX 78401 TASK ORDER 6 361-696-3300 Page 2 of 3 FYZ 3. SCHEDULE A draft technical memorandum will be issued 8 weeks after the kick-off meeting and receiving data request materials. Schedule assumes two weeks for City Staff review and comment of draft technical memorandum. HDR will address City Staff comments received on the draft and issue the final technical memorandum within two weeks of receiving comments. i1C7 YIf1G.CG 555 N. Carancahua, Suite 1600, Corpus Christi, TX 78401 EXHIBIT A 361-696-3300 Page 3 of 3 Exhibit B Summary of Fees EVANGELINE GROUNDWATER EVALUATION Basic Services: Contract Total Contract 1.Groundwater Technical Memo $94,090.00 $94,090.00 2. $0.00 Subtotal Basic Services Fees $94,090.00 $94,090.00 Additional Services: 1. $0.00 $0.00 Subtotal Additional Services $0.00 $0.00 Summary of Fees Basic Services Fees $94,090.00 $94,090.00 Additional Services Fees $0.00 $0.00 Total of Fees $94,090.00 $94,090.00 EXHIBIT C SCHEDULE EVANGELINE GROUNDWATER EVALUATION Task Name Date NTP TBD Kickoff Meeting 1 week upon receiving NTP Receipt of Data 2 weeks upon receiving NTP Draft Technical Memorandum 8 weeks after NTP City Review/Comment 2 weeks from draft submittal Final Technical Memorandum 2 weeks from City comments se G0 O� �a NogPOAAs4o AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of February 28, 2023 DATE: February 28, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, III, AIA, CBO, Director of Development Services alraymond(a)cctexas.com (361) 826-3575 Additional Services Request Infrastructure Master Planning and Impact Fee Study CAPTION: Motion authorizing amendment No. 2 to the professional services contract with Pape-Dawson Engineers, Inc of San Antonio, Texas, to develop a more robust consolidation of the draft Drainage Design Manual and the Drainage Design Criteria Manual and to conduct additional meetings with the Capital Improvement Advisory Committee (CIAC), in the amount of $271,900.00 for a total amount not to exceed $3,753,600, with FY 2023 funding available in the Development Services Fund. SUMMARY: Additional services request (ASR) No. 2 authorizes additional analysis to be performed for the purpose of producing a thorough, comprehensive Drainage Design Criteria Manual. In addition, Pape-Dawson Engineers, Inc. will conduct additional meetings with the CIAC as well as multiple community meetings to discuss master plans for water, wastewater, stormwater, roads, and the impact fee initiative to consider a new funding method for infrastructure within the City. BACKGROUND AND FINDINGS: Corpus Christi currently lacks a comprehensive master plan for extending water, wastewater, stormwater utilities, and roads to support new development. Growth in Corpus Christi has occurred in trending areas instead of in a planned and efficient way that benefits the whole community. A utilities infrastructure master plan is a systematic approach towards determining the appropriate means for expanding utilities and roads to service new development. Developing Our Future: Corpus Christi, is a project to help the City plan and pay for growth in a more intentional and sustainable manner. On March 4, 2021, the City of Corpus Christi executed an agreement with Pape-Dawson Engineers, Inc. to prepare master plans for water, wastewater, stormwater, and roads. The purpose was to develop the four (4) comprehensive master plans and capital improvement projects to conduct an impact fee study for the respective infrastructure and its funding. Comprehensive master plans give the city direction on where growth will occur and the capital improvement program that will support that growth. Corpus Christi has reached the size where most other Texas cities have adopted water, wastewater, road, and stormwater impact fees to fund growth-related infrastructure expansions. This project is now entering an important phase of vetting and finalizing of the master plans. CIAC members requested the master plans be developed with the committee individually to maintain an accurate understanding of the process and its results. Development Services and Pape-Dawson complied with this request which, in turn, means approximately 15 additional meetings. PROJECT TIMELINE WITH CHANGE ORDER: Additional services request No. 2 will add 5 months of additional time to the original project timeline of 24 months; bringing the total timeline for the project to 29 months. ALTERNATIVES: The City could choose to not contract for this work and the CIAC members would not be as informed about master planning and impact fees. FISCAL IMPACT: The fiscal impact for FY 2023 is $255,000.00 with funding available in the Development Services Fund. 1. Drainage Design Criteria Manual Development $ 52,500.00 2. Additional CIAC Meeting and Public Outreach $219,400.00 Increase in Total Contract Value: $271,900.00 Amended Contract Value: $ $3,753,600.00 FUNDING DETAIL: Fund: 4670 Account: 530000 Activity: Amount: $271,900.00 RECOMMENDATION: Staff recommends approval of this additional services request to award Pape-Dawson Engineers, Inc. for a comprehensive Drainage Design Criteria Manual and additional Public Outreach. LIST OF SUPPORTING DOCUMENTS: Additional Services Request No. 2 riPAPE-DAWSON ENGINEERS January 6, 2023 (Revised February 16, 2023) Mr.Al Raymond, AIA, CBO Director Development Services City of Corpus Christi PO Box 9277 Corpus Christi, TX 78469-9277 Re: City of Corpus Christi—Master Planning and Impact Fee Study—RFQ 3083 Job No. 12383-00 Additional Services Request No. 2 Dear Mr. Raymond: On March 4, 2021,the City of Corpus Christi executed an agreement with Pape-Dawson Engineers, Inc.to prepare master plans for water, wastewater, stormwater, and thoroughfare infrastructure with the purpose of developing capital improvement projects (CIP) and conducting an Impact Fee Study for the respective infrastructure. Over the past 6 months, through meetings with City staff, it was determined that a simple consolidation of the draft Drainage Design Manual ( DDM) and the Drainage Design Criteria Manual (DCM) would not meet the needs of the City.The City requested a more robust effort to create a final document. This effort is estimated at$52,500. In addition, pursuant to state code, the City is required to compose an advisory group to review key planning documents and decisions related to master plan and impact fee development. As part of this effort, the Public Outreach task (City Task 5) was scoped to assist the City in coordinating these efforts. The original scope of services envisioned six meetings,the four described below and 2 optional meetings if needed: 1. Kickoff and Land Use Meeting. In this first meeting, we will charter the group and provide a basic primer on what an impact fee is and how it contrasts with the trust fund. Second, we will explore and agree on land use assumptions for each of the four applications. 2. CIP Meeting. In this second meeting, we will share the land use assumptions we made from the last meeting and review and obtain input into the CIPS for each of the applications. 3. Impact Fee Meeting. In this third meeting, we will share the draft impact fees for each of the four applications and obtain feedback from the group. 4. Final Meeting. In this fourth meeting, we will share the final decisions of the staff and planned recommendations to be made to the City Council Due to the nature of the committee, the City agreed that splitting the meetings by service type (water, wastewater,stormwater, roadway)would be beneficial for the Capital Improvement Advisory Committee Transportation I Water Resources I Land Development I Surveying I Environmental telephone: 214-420-8494 address: 5810 TENNYSON PARKWAY, SUITE 425 PLANO, TX 75024 website: PAPE-DAWSON.COM Dallas I San Antonio I Austin Houston Fort Worth Texas Enginoorwg Firm x470 Texas Surveying Firm 910194390 Mr.Al Raymond,AIA,CBO City of Corpus Christi—Master Planning and Impact Fee Study—RFQ 3083 ASR2(12383-00) January 6,202(rev.02/16/2023) Page 2 of 2 (CIAC). Given the above, 11 meetings have already been completed for Public Outreach, with an anticipated 15 additional meetings. This is 26 meetings, in lieu of 6. These meetings have been or will be attended by various combinations of our Team (Pape-Dawson, Raftelis and LAN). Where possible, we are trying to limit attendance to be efficient with the City's funds. These meetings have yielded positive feedback and efforts from those in attendance. We believe they will make the process smoother as we navigate to the end of the master planning and impact fee process. This additional effort is estimated at $219,400. SUMMARY I. Public Outreach Task 906 $52,500 II. Project Management and Meetings Task 501 $219,400 Total: $271,900 Pape-Dawson is requesting $271,900 to accomplish these additional tasks in development of the comprehensive CIP Plans and Impact Fee Studies. We believe this request is reasonable and comparable to other similar past efforts performed by various other municipal organizations in the coastal area of Texas of similar size. If you have questions or need additional information, please do not hesitate to contact me at your earliest convenience. Sincerely, Pape-Dawson Engineers, Inc. ACKNOWLEDGED&ACCEPTED Jif J. 1 Kim Keefer,/P.-E. Signature: Managing Vice President Water/ Wastewater Infrastructure Print Name: Title: Date: 0:\Marketing\Proposals\Letters\2023\01\230106a1(P0067-23)SA R1 ASR2 12383-OO.docx FIJPAPE-DAWSON ENGINEERS City Council Presentation 46 Master Planning and Impact Fee Study Additional Services Request No. 2 • gut February 28, 2023 � `� ` resented by: Al Raymond, III, AIA, CBO Director Development Services Department ��\ DEVELOPING OUR FUTURE JRPUS CHRISTI IL % Purpose of Project 1 ) To develop comprehensive master plans for water, wastewater, stormwater, and roads, so the City can appropriately plan funding for future needs. ROAD 2) Study the feasibility of Impact Fees as .^ a primary mechanism for funding �O.SED :. , infrastructure expansion. �, , -• ■wrrwwwww man was 100000 sew www www' w fA yr •jr' Ar d DEVELOPING OUR FUTURE - t Impact Fees -Corpus Christi is in the process of developing comprehensive Master Plans for the City's water,wastewater, stormwater and roadway infrastructure. Master Plan will be divided into Service Areas and within those service areas will be Capital Improvement Projects (CIP) needed to improve the specific area(s): eliminate or reduce flooding; add, increase, or reduce the roadway network; upgrade and/or construct new water and wastewater infrastructure. j -The Master Planning and CIP projects will be thoroughly vented by the Capitol Improvement and Advisory Committee (CIRC), additionally, CIAC and DSD will be conducting a robust community outreach to obtain input from our citizenry. -The Master Plans, once developed and adopted,will be effective for a period of ten (10) years:from 2023 to 2033. CIAC will review and evaluate the Master Plans, in 3-to-5-year intervals, to ensure the plans are still applicable with the direction the City wants to grow. •Each Master Plan,when completed,will contain multiple CIP projects and many of these projects will be completed by the City of Corpus Christi; however,the rest will be complete as new development projects. -These new development projects,within identified service areas, could be charged Impact Fees, if the City adopts them. T. , Master Planning and =� r Impact Fee Study Contract ■ February 9, 2021 : City Council approved contract with Pape-Dawson Engineering ..A ■ March 4, 2021 : Contract executed for $2,289,700 ■ October 15, 2021 : City Council approved an additional service request for $1,192,000 to aide in producing the comprehensive stormwater master plan K , ■ Total contract of $3,481,700 for the project expected to be complete in spring 2023 ■ Pape-Dawson is requesting an additional service request for $271,900 DEVELOPING OUR FUTURE `". CORPUS Additional Service Request No. 2 1 ) City staff has determined that simple consolidation of the draft Drainage Design Manual (DDM) and the Drainage Design Criteria Manual (DCM) would not meet the needs of the City. Additional services request (ASR) No. 2 authorizes additional analysis to be performed for the purpose of producing a thorough, comprehensive Drainage Design Criteria Manual. 2) Pape-Dawson Engineers initially budgeted for 6 meetings with the Capital Improvement Advisory Committee (CIAC); however, the Chair and the Committee requested the meetings be separated with each infrastructure. Pape-Dawson Engineers will conduct additional meetings with the CIAC as well as multiple community meetings to discuss master plans forwater, wastewater, stormwater, roads, and the impact fee initiative to consider a new funding method for infrastructure within the City. To date, I I (eleven) meetings have been completed, and it is anticipated 15 (fifteen) additional meetings will be required to complete the Master Planning & impact Fee Study. DEVELOPING OUR FUTURE `� CORPUS CHRI: I Staff Recommends Approval of Pape-Dawson Engineers Additional Service Request No. 2 $271 ,900 'n QuestionS . DEVELOPING OUR FUTURE CORPUS Cl" 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting February 28, 2023 DATE: February 28, 2023 TO: Peter Zanoni, City Manager FROM: Linda Stewart, Director of Neighborhood Services LindaS2(a)cctexas.com (361) 826-3862 Josh Chronley, Assistant Director of Finance — Procurement Josh C2(a)cctexas.com (361) 826-3169 Spay and Neuter Services for Animal Care Services CAPTION: Motion authorizing execution of two one-year professional service agreements, each having two one-year options, for a combined amount not to exceed $250,000.00 with P.A.A.C. People Assisting Animal Control for $150,000.00 and The Cattery, Inc. for $100,000.00 to provide spay and neuter services, with a total potential amount not to exceed $750,000.00 if options are exercised, with FY 2023 funding of $125,000.00 from the General Fund. SUMMARY: To improve access to low-cost spay and neuter services, the City released a Request for Qualifications in October of 2022 to solicit parties interested in providing these services. City Council awarded $250,000.00 in the FY23 budget for this purpose as a FY 2023 Budget Initiative. The City received three proposals, which were rated through a formal procurement process. One of the three proposals subsequently withdrew on February 23, 2023. BACKGROUND AND FINDINGS: Corpus Christi Animal Care Services is prohibited by the Texas Health and Safety Code (Title 10, Section 828.012) from providing spay and neuter and other medical services for animals not in the shelter's care. Therefore, identifying spay and neuter service partners and implementing means to increase access to spay and neuter services for pet owners will have a positive and direct impact on addressing the issue of overpopulation of pets. Contracted services in these agreements shall include veterinary spay-neuter services, evaluating animals to determine suitability for sterilization procedure, performance of the surgical procedures, and post-operative care including any necessary cones, medications, and antibiotics, as well as any additional follow-up care due to surgical complications. Surgeries are to be performed for pets owned by citizens who reside in targeted areas identified using historical data within the City as determined and approved by the Director of Neighborhood Services. Targeted Zip Codes are identified as: 78401 , 78402, 78404, 78405, 78408, 78409, 78410, 78411 , 78413, 78414, 78415, 78416, 78417, 78418. The Director may also authorize the utilization of vouchers for residents who may not live in the defined targeted areas. Surgeries must be performed in a manner consistent with or that exceeds the prevailing standard for veterinary care in the state of Texas. PROCUREMENT DETAIL: Finance and Procurement conducted a first-time competitive Request for Qualifications (RFQ 4398) process for Animal Care Services to obtain a pool of qualifying firms to provide spay and neuter services. The RFQ process allows the City to make sure the firms interested in providing these services are qualified and have the appropriate credentials and licenses to perform services. The City received three submissions and is recommending award to two of the three firms. The third firm withdrew from the solicitation via email on Thursday, February 23, 2023 at 11 :47 pm. City staff reached out to the firm six times on February 24, 2023 with no response. Therefore, City staff is not recommending award to the third firm. The selection committee was comprised of representatives from Neighborhood Services, Finance, and Animal Care Services. Final evaluations ranked firms based on three factors: 1) firm's experience 2) team experience and identification, and 3) understanding of project scope. The City has previously utilized services from each of these firms, and staff is confident in the services they will be providing and is recommending the two firms for award. ALTERNATIVES: If Council elects to not authorize these contracts, there will be no increased access to spay and neuter services available for pet owners without the necessary resources to secure these services. Since the purpose of the funding is to address the community issues of overpopulation of animals, without this increase in availability of services, the City will continue to struggle to address this issue. FISCAL IMPACT: The total fiscal impact will be $250,000.00 for the two contracts over the term of the original agreements with FY 2023 funding of $125,000.00 coming from the General Fund. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 12680 Animal Care Mission Element: 083 Project # (CIP Only): Account: 530000 Professional Services RECOMMENDATION: Staff recommends approval of this motion authorizing two one-year professional service agreements with the option to extend two additional one-year periods with P.A.A.C. People Assisting Animal Control and The Cattery Inc., in a combined amount not to exceed $250,000.00. LIST OF SUPPORTING DOCUMENTS: Evaluation Matrix Presentation Professional Service Agreements RFQ No.4398 Spay and Neuter Services Buyer:Sandra Rodriguez Request for Qualifications Evaluation P.A.A.C. People Assisting The Cattery, Inc. South Texas Animal Rescue Animal Control Group dba STAR Group Corpus Christi,TX Corpus Christi,TX Corpus Christi,TX Minimum Qualifications (PASS/FAIL) Licensing/Certification Required two years in business No material lawsuits during last 5 years Pass Pass Pass No material regulatory issues last 5 years References Provided for firm Technical Qualifications(70 PTS.) 67.6 58.4 56.6 Firms'Experience(25 points) 24.0 22.0 18.4 Team Experience(25 points) 24.0 22.4 20.6 Understanding of Project Scope(20 points) 19.6 14.0 17.6 Interviews(30 points) 29.6 24.6 22.4 Firms'Experience(8 points) 8.0 7.4 5.8 Team Identification(10 points) 9.6 8.6 9.0 Understanding of Scope(12 points) 12.0 8.6 7.6 TOTAL 97.2 83.0 79.0 SC G° a 0 H PROFESSIONAL SERVICE AGREEMENT NO. 4398 U Spay and Neuter Services yeanaonn!e 1852 THIS Spay and Neuter Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and P.A.A.C. People Assisting Animal Control, ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has agreed to provide professional veterinary medicine services for the spaying and neutering of cats and dogs for the City of Corpus Christi. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide veterinary services to spay and neuter cats and dogs ("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. 2. Term. This Agreement is for one year. The parties may mutually extend the term of this Agreement for up to two- additional one-year periods ["Option Period(s)"], provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. 3. Compensation and Payment. This Agreement is for an amount not to exceed $150,000.00, with the total amount being subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. 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 Professional Service Agreement-Veterinary Services Page 1 of 6 Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Joel Skidmore Department: Animal Care Services Division Phone: 361-826-7274 Email: joels4@cctexas.com 5. Insurance; Bonds; License. (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 B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. (C) Prior to beginning work, Contractor must provide evidence of any valid professional license necessary for the performance of the work under this Agreement. 6. Standard of Care. Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated professionals performing the same or similar Services under an identical professional license. 7. 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. Professional Service Agreement-Veterinary Services Page 2 of 6 8. Independent Contractor; Release. (A) In performing this Agreement, both the City and Contractor shall act in an individual capacity and not as agents, representatives, employees, employers, partners, joint venturers, or associates of one another. Contractor shall perform all professional services as an independent contractor and shall furnish such Services in his/her own manner and method, and under no circumstance or condition shall an employee, agent, or representative of either party be considered or construed to be an employee, agent, or representative of the other party. (B) As an independent contractor, no workers' compensation insurance shall be obtained by the City covering the Contractor and employees of the Contractor, if any. The Contractor shall comply with any and all workers' compensation laws pertaining to the Contractor and employees of the Contractor. 9. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. The City may, at the City's sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 10. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of each party. 11. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 12. Taxes. The Contractor covenants to pay all payroll, Medicare, FICA, unemployment and all other applicable taxes and to withhold any federal withholding required by law, all of the foregoing as may be related to the Services performed. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of a written request. 13. 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: Professional Service Agreement-Veterinary Services Page 3 of 6 IF TO CITY: City of Corpus Christi Attn: Joel Skidmore 2626 Holly Road Corpus Christi, Texas 78415 IF TO CONTRACTOR: P.A.A.C. People Assisting Animal Control Attn: Cheryl Martinez 5804 Ayers Street Corpus Christi, Texas 78415 14. 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. 15. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during any period of the term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure Professional Service Agreement-Veterinary Services Page 4 of 6 period stated, the City Manager may immediately thereafter terminate this Agreement without the necessity of further notice. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 16. 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. 17. 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. 18. 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 all attachments and exhibits); B. its attachments; then, C. its exhibits, if any. 19. 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 State law. 20. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. 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. 21. 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 Professional Service Agreement-Veterinary Services Page 5 of 6 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI Josh Chronley Assistant Director, Finance - Procurement Date: APPROVED AS TO LEGAL FORM: Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Insurance and Bond Requirements Professional Service Agreement-Veterinary Services Page 6 of 6 ATTACHMENT A : SCOPE OF WORK 1. General Requirements Contractor shall be responsible for providing veterinary spay-neuter services to include but not limited to: evaluating animals to determine suitability for sterilization procedure, performance of surgical procedure, and post-operative care including any necessary cones, medications, and antibiotics, as well as any additional follow-up care due to surgical complications. These services will all be included in the reimbursement cost per surgery. 2. Scope of Work Contractor shall provide a registered microchip, rabies vaccine, and DHPP/FVRCP vaccine to unvaccinated and un-microchipped animals receiving a spay/neuter surgery. Contractor shall be able to provide humane housing and proper care of all animals to include, but not limited to: food, water, shelter, and appropriate veterinary care for so long as such animals' remain under Contractor care and control. Humane housing includes shelter from sun, wind, extreme temperatures, and rain. In addition, animals must not be commingled or overcrowded unless it is appropriate to do so. Contractor must maintain a 99% success rate with less than a 0.05% complication rate. Surgeries are to be performed for pets own by citizens who reside in targeted areas identified using historical data within the City as determined and approved by the Director of Neighborhood Services. Targeted Zip Codes are identified as: 78401, 78402, 78404, 78405, 78408, 78409, 78410, 78411, 78413, 78414, 78415, 78416, 78417, 78418. The Director may also authorize the utilization of vouchers for residents who may not live in the defined targeted areas. Surgeries must be performed in a manner consistent with or that exceeds the prevailing standard for veterinary care in the state of Texas. Contractor shall provide all trained staff, surgical facilities and related equipment, surgical packs, necessary consumable supplies, and maintain accurate medical records. In addition, Contractor shall provide supporting documentation verifying surgeries performed, as determined by the City verifying the surgeries performed. The City shall provide payment for veterinary services upon completion. Since contract will span no more than 12 months, Contractor shall invoice monthly for the previous Page 1 of 2 month's services. Contractor should allow up to thirty (30) days for payment from the date of invoice is received. All pre- and post-surgical supplies (such as cones and medications) must be included in the service and reimbursement costs. The Contractor will receive the following reimbursement amounts per service: SERVICE TYPE RATE Male Cat $35 per surgery Female Cat $50 per surgery Male Do <40 lbs. $65 per surgery Male Do >40 lbs. $100 per surgery Female Do <40 lbs. $76 per surgery Female Dogs (>40 lbs.) $110 per surgery Vaccines (Rabies and DHPP/FVRCP) & $8 per vaccine/microchip Microchip Package package 3. Special Instructions A. Contractor must provide and maintain a current state of Texas licensed veterinarian(s) available to perform the surgeries. B. The City has established the following preferred qualifications for selected Contractor. 1 . Surgical experience working with small to large domestic animals. 2. Knowledgeable of applicable federal, State, and local animal laws and regulations. 3. Willingness to partner and support Animal Care Services in their mission to improve animal care and address overpopulation in Corpus Christi, Texas. 4. Utilize funding from this program for Corpus Christi pets only. Page 2 of 2 ATACHMENT B: INSURANCE AND BOND REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained-and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer a copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 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 at or prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. C. In the event of accidents of any kind related to this contract, Contractor shall furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. 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 at least A- with a Financial Size Category of Class VII or higher. B. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: Page 1 of 2 City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 C. Certificate of insurance shall specify that at least 30 calendar days advance written notice will be provided 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. D. 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. E. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. F. 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. G. 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. H. The insurance required is in addition to and separate from any other obligation contained in this contract. BOND REQUIREMENTS: No bonds are required for this service. 2021 Insurance Requirements Ins. Req. Exhibit 3-H Professional Services - Other Professional Services 05/10/2021 Risk Management - Legal Dept. Page 2of2 SC G° a 0 H PROFESSIONAL SERVICE AGREEMENT NO. 4561 U Spay and Neuter Services yeanaonn!e 1852 THIS Spay and Neuter Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and The Cattery, Inc., ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has agreed to provide professional veterinary medicine services for the spaying and neutering of cats and dogs for the City of Corpus Christi. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide veterinary services to spay and neuter cats and dogs ("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. 2. Term. This Agreement is for one year. The parties may mutually extend the term of this Agreement for up to two- additional one-year periods ["Option Period(s)"], provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. 3. Compensation and Payment. This Agreement is for an amount not to exceed $100,000.00, with the total amount being subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. 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 Professional Service Agreement-Veterinary Services Page 1 of 6 Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Joel Skidmore Department: Animal Care Services Division Phone: 361-826-7274 Email: joels4@cctexas.com 5. Insurance; Bonds; License. (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 B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. (C) Prior to beginning work, Contractor must provide evidence of any valid professional license necessary for the performance of the work under this Agreement. 6. Standard of Care. Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated professionals performing the same or similar Services under an identical professional license. 7. 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. Professional Service Agreement-Veterinary Services Page 2 of 6 8. Independent Contractor; Release. (A) In performing this Agreement, both the City and Contractor shall act in an individual capacity and not as agents, representatives, employees, employers, partners, joint venturers, or associates of one another. Contractor shall perform all professional services as an independent contractor and shall furnish such Services in his/her own manner and method, and under no circumstance or condition shall an employee, agent, or representative of either party be considered or construed to be an employee, agent, or representative of the other party. (B) As an independent contractor, no workers' compensation insurance shall be obtained by the City covering the Contractor and employees of the Contractor, if any. The Contractor shall comply with any and all workers' compensation laws pertaining to the Contractor and employees of the Contractor. 9. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. The City may, at the City's sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 10. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of each party. 11. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 12. Taxes. The Contractor covenants to pay all payroll, Medicare, FICA, unemployment and all other applicable taxes and to withhold any federal withholding required by law, all of the foregoing as may be related to the Services performed. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of a written request. 13. 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: Professional Service Agreement-Veterinary Services Page 3 of 6 IF TO CITY: City of Corpus Christi Attn: Joel Skidmore 2626 Holly Road Corpus Christi, Texas 78415 IF TO CONTRACTOR: The Cattery, Inc. Attn: Samantha Person 1237 Saratoga Blvd. Corpus Christi, Texas 78417 14. 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. 15. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during any period of the term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure Professional Service Agreement-Veterinary Services Page 4 of 6 period stated, the City Manager may immediately thereafter terminate this Agreement without the necessity of further notice. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 16. 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. 17. 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. 18. 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 all attachments and exhibits); B. its attachments; then, C. its exhibits, if any. 19. 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 State law. 20. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. 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. 21. 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 Professional Service Agreement-Veterinary Services Page 5 of 6 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI Josh Chronley Assistant Director, Finance - Procurement Date: APPROVED AS TO LEGAL FORM: Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Insurance and Bond Requirements Professional Service Agreement-Veterinary Services Page 6 of 6 ATTACHMENT A : SCOPE OF WORK 1. General Requirements Contractor(s)shall be responsible for providing veterinary spay-neuter services to include but not limited to: evaluating animals to determine suitability for sterilization procedure, performance of surgical procedure, and post-operative care including any necessary cones, medications, and antibiotics, as well as any additional follow-up care due to surgical complications. These services will all be included in the reimbursement cost per surgery. 2. Scope of Work Contractor(s) shall provide a registered microchip, rabies vaccine, and DHPP/FVRCP vaccine to unvaccinated and un-microchipped animals receiving a spay/neuter surgery. Contractor(s) shall be able to provide humane housing and proper care of all animals to include, but not limited to: food, water, shelter, and appropriate veterinary care for so long as such animals' remain under Contractor(s) care and control. Humane housing includes shelter from sun, wind, extreme temperatures, and rain. In addition, animals must not be commingled or overcrowded unless it is appropriate to do so. Contractor(s) must maintain a 99% success rate with less than a 0.05% complication rate. Surgeries are to be performed for pets own by citizens who reside in targeted areas identified using historical data within the City as determined and approved by the Director of Neighborhood Services. Targeted Zip Codes are identified as: 78401, 78402, 78404, 78405, 78408, 78409, 78410, 78411, 78413, 78414, 78415, 78416, 78417, 78418. The Director may also authorize the utilization of vouchers for residents who may not live in the defined targeted areas. Surgeries must be performed in a manner consistent with or that exceeds the prevailing standard for veterinary care in the state of Texas. Selected Contractor(s) shall provide all trained staff, surgical facilities and related equipment, surgical packs, necessary consumable supplies, and maintain accurate medical records. In addition, Contractor(s) shall provide supporting documentation verifying surgeries performed, as determined by the City verifying the surgeries performed. The City shall provide payment for veterinary services upon completion. Since contracts will span no more than 12 months, Contractor(s) shall invoice monthly for the previous Page 1 of 2 month's services. Selected Contractor(s) should allow up to thirty (30) days for payment from the date of invoice is received. All pre- and post-surgical supplies (such as cones and medications) must be included in the service and reimbursement costs. The selected Contractor(s) will receive the following reimbursement amounts per service: SERVICE TYPE RATE Male Cat $35 per surgery Female Cat $50 per surgery Male Do <40 lbs. $65 per surgery Male Do >40 lbs. $100 per surgery Female Do <40 lbs. $76 per surgery Female Dogs (>40 lbs.) $110 per surgery Vaccines (Rabies and DHPP/FVRCP) & $8 per vaccine/microchip Microchip Package package 3. Special Instructions A. Contractor(s) must provide and maintain a current state of Texas licensed veterinarian(s) available to perform the surgeries. Contractor(s) that do not meet this requirement will not be considered for contract award. B. The City has established the following preferred qualifications for selected Contractor(s). 1 . Surgical experience working with small to large domestic animals. 2. Knowledgeable of applicable federal, State, and local animal laws and regulations. 3. Willingness to partner and support Animal Care Services in their mission to improve animal care and address overpopulation in Corpus Christi, Texas. 4. Utilize funding from this program for Corpus Christi pets only. Page 2 of 2 ATACHMENT B: INSURANCE AND BOND REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained-and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer a copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 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 at or prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. C. In the event of accidents of any kind related to this contract, Contractor shall furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. 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 at least A- with a Financial Size Category of Class VII or higher. B. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: Page 1 of 2 City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 C. Certificate of insurance shall specify that at least 30 calendar days advance written notice will be provided 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. D. 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. E. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. F. 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. G. 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. H. The insurance required is in addition to and separate from any other obligation contained in this contract. BOND REQUIREMENTS: No bonds are required for this service. 2021 Insurance Requirements Ins. Req. Exhibit 3-H Professional Services - Other Professional Services 05/10/2021 Risk Management - Legal Dept. Page 2of2 u AWA CORPUS CHRISTI NEIGHBORHOOD SERVICES Awarding of Spay and Neuter Contracts City Council February 28, 2023 Spay and Neuter Services (RFQ) \ / aU5 Cx215iI • Address overpopulation of animals in our community • Increase access to low cost spay and neuter services • Target resources where most needed based on service call volume • Support compliance with spay/neuter and micro-chipping requirements Scope of Work \ _ _ CORVUS<!1R]STI • Provide registered microchip, rabies vaccine, DHPP/FVRCP vaccines to unvaccinated and un-microchipped animals receiving spay/neuter surgery • Provide humane housing and proper care of all animals, including appropriate veterinary care • Maintain 99% success rate and industry standard of less than 0.05% complication rate • Provide all trained staff, surgical facilities, equipment, surgical packs, consumable supplies • Maintain accurate medical records and transparently report on all surgical outcomes for surgeries conducted with this funding 3 Formal Procurement Process CORPUS CMR] • Council authorized $250,000 in FY23 Budget • Request for Qualifications (RFQ) released 10/17/22 • Three responses received • Finalists interviewed 12/14/22 • Agreements drafted and awardees notified on 2/2/23 • One of three awardees withdrew on 2/23/23 • Council consideration for remaining two awardees on 2/28/23 4 Evaluation Matrix CORPUS CXR]STI RFQ NO.4398 Spay and Neuter Services for Animal Care Services Buyer:Sandra Rodriguez P.A.A.C.People Assisting The Cattery Inc.dba South Texas Animal Rescue Request for Qualifications Evaluation Animal Control Corpus Heartbeats Animal Rescue Group dba STAR Group Christi,TX Corpus Christi,TX Corpus Christi,TX Minimum Qualifications Pass Pass Pass Licensing/Certification V Required two years in business No material lawsuits during last 5 years No material regulatory issues last 5 years References Provided for firm Technical Qualifications(70 points) 68 58 57 Firms'Experience(25 points) 24 22 18.4 Team Experience(25 points) 24 22.4 20.6 Understanding of Project Scope(20 points) 19.6 14 17.6 Interviews(30 points) 30 25 22 Firms'Experience(8 points) 8 7.4 5.8 Team Identification(10 points) 9.6 8.6 9 Understanding of Scope(12 points) 12 8.6 7.6 TOTALS 98 83 79 5 Proposed Award Amounts ,.Lf CORRUS CMR]STI • People Assisting Animal Control (PAAC) - $150,000 • The Cattery - $100,000 • South Texas Animal Rescue Group (STAR) — Withdrew from funding i 6 u AWA CORPUS CHRISTI NEIGHBORHOOD SERVICES Questions? City Council February 28, 2023 SC �a 0 AGENDA MEMORANDUM iNOgP00.pp First Reading for the City Council Meeting of February 28, 2023 zss2 Second Reading for the City Council Meeting of March 7, 2023 DATE: February 21, 2023 TO: Peter Zanoni, City Manager THRU: Constance Sanchez, Chief Financial Officer constancep(a-)cctexas.com (361) 826-3189 FROM: Linda Stewart, Director of Neighborhood Services LindaS2(a)-cctexas.com (361) 826-3862 Ordinance amending Chapter 6 of the Code of Ordinances Governing Care and Treatment of Animals CAPTION: Ordinance amending Chapter 6 of the Code of Ordinances regarding Animal Care and Control by adding and clarifying definitions, creating and revising sections including an Intact animal permit, pet shop prohibitions, length of stay, updates to the Dangerous and Aggressive dog owner requirements and fee schedule; providing for severance, publication, penalty not to exceed $500 and establishing an effective date of the new laws. SUMMARY: The Chapter 6 Ordinances were adopted on March 25, 1981 with updates adopted by City Council on December 14, 2014 and again on May 25, 2021. The revisions presented in this agenda item have been presented to and approved by the Corpus Christi Animal Care Services (CCACS) Advisory Board on November 22, 2022. Additional consultation and approvals were conducted with the Corpus Christi City Attorney's Office. BACKGROUND AND FINDINGS: This revision provides an update to the current Code of Ordinances regarding animal care in the City of Corpus Christi. Additions, updates, and changes are being proposed in order to bring the ordinances up to current animal welfare standards and practices which will allow the City to continue to provide essential services through its animal control program. Revisions to Ordinances and new fee schedule will take effect on October 1, 2023. Highlights of the revised ordinances include: • Define "Animal Rescue Organization" which means a non-profit organization incorporated under the law of any state and exempt from federal taxation under Section 501(c)(3) of the federal Internal Revenue Code, as amended, and whose principal purpose is the prevention of cruelty to animals and whose principal activity is to rescue sick, injured, abused, neglected, unwanted, abandoned, orphaned, lost, or displaced animals and to adopt them to good homes. "Animal rescue organization" shall not include any entity that breeds animals or that (1) is located on the same premises as; (2) has any personnel in common with; (3) obtains, in exchange for payment or any other form of compensation, dogs or cats from; or (4) facilitates the sale of dogs or cats obtained from a person that breeds animals. ■ This definition supports an update to Section 6-57 Pet Shop Requirement and Prohibitions. • Define"Intact Animal" which means an unaltered or unsterilized animal. ■ This definition supports the created Section 6-59 Intact Permit • Define "Offer for sale" which means to display or proffer for acceptance by another person. ■ This definition supports an update to Section 6-57 Pet Shop Requirement and Prohibitions. • Definition changes to prohibited animals for clarification purposes: ■ Added: Family Pythonidae (pythons) as its own class of prohibition. • Define"Sell"which means to exchange for consideration, adopt out, barter, auction,trade, lease or otherwise transfer. ■ This definition supports an update to Section 6-57 Pet Shop Requirement and Prohibitions. • Update to Section 6-17. Fee Schedule ■ Addition of Intact Animal Permit fee ■ Addition of Dangerous/Aggressive Dogs collar, leashes, signs fee. • Update to Section 6-17. Local rabies control authority. ■ Expansion that ACS manager may designate a LRCA in their absence. • Update to Section 6-34 Requirement of Dangerous Dog Owners: ■ Addition to current city ordinance outlining collars, leash, and signs must be purchased from CCACS. ■ Requirement of dangerous dog leash changed from 6ft to 3ft in length. • Update to Section 6-39 Aggressive dogs: levels defined. ■ Changed from Director to ACS manager shall have discretionary authority to refrain from classifying dogs as aggressive. • Update to Section 6-40 Investigation, seizure, confinement, and designation of aggressive dogs. ■ Changes from Director to ACS manager shall have the discretion to increase or decrease a classified dog's restrictions based upon relevant circumstances. • Update to Section 6-42. Regulation of aggressive dogs. ■ Change from Director to ACS manager"may require" language for regulations. ■ Expansion of required aggressive dog collar requirements and for it to be purchased from department with authorization to charge to owner. • Update to Section 6-57. Pet shop requirement and prohibitions. ■ Added: It shall be a violation of this chapter for a pet shop to sell or offer for sale a dog or cat. ■ Added: A pet shop may provide space for the display of dogs or cats available for adoption only if such animals are displayed and made available for adoption through Corpus Christi Animal Care Services, or an animal rescue organization that has a current and approved memorandum of understanding with Corpus Christi Animal Care Services. • Update to Section 6-103. Impoundment ■ Addition of the following "In cases deemed necessary by the Animal Care Services Manager and/or the Animal Care Services On-Site Veterinarian, or the Animal Care Services Supervisor, an impounded animal without microchip or registration may be immediately transferred to the care of an Animal Rescue Organization when space, adequate medical care, or other resources are unavailable." • Update to Section 6-126. Rabies impoundment and quarantine ■ Added and clarified language for approved authorities to clear from and attest to the health of a animal after quarantine. • New Section 6-59. Intact Pet Permit. This new section states that a person commits an offense if they own, keep, harbor, or have custody of any dog or cat over six months of age that is intact unless such dog or cat is subject to a valid intact pet permit in accordance with this section. Within this section it outlines; offenses, the application process, considerations for application of the permit, appeal process for denial, the issuance and maintenance of permit, and defenses. These ordinance revisions will help ensure that the City of Corpus Christi has effective codes in place pertaining to animal care and welfare. ALTERNATIVES: Rejection of the proposed revisions will result in maintaining current ordinances without the necessary protections for animal care and welfare. FINANCIAL IMPACT: There is an anticipated increase in revenue for FY 24 coinciding with the addition of the Intact Permit requirement and charges for Dangerous/Aggressive dog regulation. FUNDING DETAIL: Not applicable. RECOMMENDATION: Staff recommend authorization of the changes, which have been reviewed and are supported by the ACS Advisory Board. LIST OF SUPPORTING DOCUMENTS: 1. Clean version of Chapter 6 Revisions 2. Redline version of the Chapter 6 Revision 3. City Council PowerPoint presentation. Sec. 6-1. Definitions. (a) As used in this chapter, the following words have the meanings ascribed to them in this section: Abandoned animal means an animal left without care by the owner and or keeper without making reasonable arrangements for assumption of custody by another person. Animal means any living vertebrate creature, domestic or wild, other than Homo sapiens. Animal care officer means the animal care services division manager, employees of the animal care services division, or authorized agents of animal care services. Animal care services means a division of the City of Corpus Christi responsible for enforcing state and local laws, ordinances, rules, and regulations regarding the care and keeping of animals, including the provisions of this chapter. Animal care services manager means the program manager of Corpus Christi Animal Care Services. Animal rescue organization means a non-profit organization incorporated under the law of any state and exempt from federal taxation under Section 501(c)(3) of the federal Internal Revenue Code, as amended, and whose principal purpose is the prevention of cruelty to animals and whose principal activity is to rescue sick, injured, abused, neglected, unwanted, abandoned, orphaned, lost, or displaced animals and to adopt them to good homes. "Animal rescue organization" shall not include any entity that breeds animals or that (1) is located on the same premises as; (2) has any personnel in common with; (3) obtains, in exchange for payment or any other form of compensation, dogs or cats from; or (4) facilitates the sale of dogs or cats obtained from a person that breeds animals. At large or running at large means any animal within the city not kept under restraint. Attack means to set upon with violent force. Auction means any place or facility within the city where animals are regularly bought, sold, offered for sale, or traded, except for those facilities otherwise defined in this chapter. Cat means a domesticated member of the Felidae (feline) family, other than a bobcat, cougar, jaguar, leopard, lion, panther, tiger, or other prohibited animal. Circus means a commercial variety show featuring animal acts for public entertainment. City means the City of Corpus Christi. City animal shelter means a place operated by or for the city, whether in city facilities or by contract, for the detention of dogs, cats, and other animals as prescribed by law. 1 Collar or harness means a band of leather, nylon, rope, or similar material, excluding chain if utilized for training purposes, that is commonly used on an animal to aid in control of movement of the animal, by the animal's owner, and to which a leash or lead can be attached. Commercial animal establishment means any auction, circus, hatchery, kennel, performing animal exhibit, performing animal exhibition, pet shop, rodeo, stable, or zoological park or any lot, building, structure, or premises within the city used for the business of buying, selling, grooming, breeding, or boarding of animals. Commercial property means: (1) Any portion of land or buildings, excluding publicly owned property, that is zoned or utilized for commercial or business uses within the city, including temporary sites. (2) Any vehicle utilized for commercial or business purposes within the city. Department means Corpus Christi Animal Care Services. Dog means a domesticated member of the Canidae (canine) family, other than a coyote, dingo, fox, jackal, wolf, wolf hybrid, or other prohibited animal. Food means, with respect to animals, any commercially processed and packaged substance intended for use by an animal owner to meet and maintain the nutritional needs of the animal for which it was processed and packaged. Food processing establishment means any place in which food is commercially manufactured or packaged for human consumption. Food service establishment means any place where food is prepared and intended for individual portion service, and includes the site at which individual portions are provided. The term includes any such place regardless of whether consumption is on or off the premises and regardless of whether there is a charge for the food. The term also includes delicatessen-type operations that prepare sandwiches intended for individual portion service. The term does not include private homes where food is prepared or served for individual family consumption, the location of vending machines, and supply vehicles. Fowl means any live bird. Grooming shop means a commercial enterprise where two (2) or more dogs or cats over four (4) months of age are groomed, upon agreement with the dog or cat owner, on a service-for-fee basis. The premises must be located within an appropriately zoned area and a certificate of occupancy must have been obtained for the intended use, if required by the city's zoning and construction ordinances. Hatchery means a commercial enterprise regularly engaged in supplying, selling, or offering for sale any fowl to commercial or agricultural customers. Impound means any of the following: (1) The placing of an animal in the city's animal care services facility; 2 (2) The taking of an animal into custody for purposes of transporting the animal to the city's animal care services facility; (3) An officer in pursuit of an animal, and in lieu of taking custody of the animal, elects to return the animal to its owner with proper written notices, warnings and admonishments. Intact Animal means an unsterilized animal. Keeper means any person, firm, corporation, organization, or department holding, caring for, having an interest in, or having control or custody of an animal. If the keeper of an animal is a minor, the parent or guardian of that minor shall be responsible for compliance with animal care related ordinances. Kennel means a commercial enterprise, excluding a veterinary hospital, where four (4) or more dogs or cats over four (4) months of age are kept, raised, sold, boarded, bred, shown, treated, or groomed on a daily, weekly, or monthly basis. The premises must be located within an appropriately zoned area and a certificate of occupancy must have been obtained for kennel use, if required by the city's zoning and construction ordinances. Licensed veterinarian means a veterinarian licensed by the Texas State Board of Veterinary Medical Examiners. Livestock means farm animals, such as horses, ponies, mules, donkeys, cattle, goats, sheep, and swine. Microchip means an identification chip implanted under the skin of an animal for the purpose of identifying its owner or keeper which has been registered with a microchip registration company with current ownership information to include the current owner or keeper's name, address and telephone number, and the description of the animal. Owner means any person owning, keeping, or harboring one (1) or more animals. An animal is deemed to be harbored if it is fed or provided water. An animal is deemed to be kept if it is fed or provided water and sheltered or restrained except upon the authorization of the animal care services manager. If the owner of an animal is a minor, the parent or guardian of that minor shall be responsible for compliance with animal care related ordinances and shall be identified as the legal owner of said animal. Performing animal exhibit means any spectacle, act, or event, excluding a circus or rodeo, in which animals display stunts, tricks, skills, or natural characteristics and which spectacle, act, or event does not exceed two (2) calendar days in duration. Performing animal exhibition means any spectacle, act, or event, excluding a circus or rodeo, in which animals display stunts, tricks, skills, or natural characteristics and which spectacle, act, or event exceeds two (2) calendar days in duration. Pet means any animal not otherwise prohibited under this chapter that is kept for pleasure rather than utility. 3 Pet shop means a commercial enterprise regularly engaged in the buying and selling of animals and animal-related products. The premises must be located within an appropriately zoned area and a certificate of occupancy must have been obtained for the intended use, if required by the city's zoning and construction ordinances. Poultry means any species of domesticated fowl commonly kept for eggs or meat, such as chickens, turkeys, ducks, or geese. Prohibited animal means any animal, other than a common household pet, such as a canary, finch, cockatiel, hamster, guinea pig, gerbil, rabbit, ferret, fish, or small nonpoisonous reptiles, that poses a potential physical or disease threat to the public or that is protected by international, federal or state laws or regulations, and includes, but is not limited to, the following: (1) Within the class Reptilia: family Helodermatidea (venomous lizards); family Varanidae (monitors); Order Ophidia, family Boidoe (boas and anacondas); family Pythonidae (pythons); family Hydrophiidae (marine snakes); family Viperidae (rattlesnakes, copperheads, cottonmouths, pit vipers and true vipers); family Elapidae (coral snakes, cobras, and mambas); family Colubridae, Dispholidus Typus (boomslang), Cyclagras gigas (water cobra), Boiga dendrophila (mangrove snake) and Kirtlandii (twig snake) only; order Crocodilia (crocodiles, alligators, caimans and gavials); (2) Within the class Aves: order Falconiforms (hawks, eagles and vultures) and subdivision Rapitae (ostriches, rheas, cassowaries and emus); (3) Within the class Mammalia: order Carnivora, family Felidae, (such as cougars, tigers, lions, bobcats and ocelots) except domesticated cats, family Canidae (such as wolves, dingos, coyotes and jackals) except domesticated dogs, family Mustelidae (such as weasels, skunks, martins, mink and badgers), family Procyonidae (such as raccoons), and family Ursidae (such as bears); order Marsupialia (such as kangaroos and opossums); order Chiroptera (bats); order Edentata (such as sloths, anteaters and armadillos); order Proboscidea (elephants); order Primata (such as monkeys, chimpanzees and gorillas); order Rodentia (such as porcupines); and order Ungulata (such as antelope, deer, bison and camels); and (4) Within the class Amphibia: Poisonous frogs, toads and salamanders. Provocation means any purposeful act that causes an animal to scratch, bite, or attack in protection of itself, the owner, or the owner's premises. Entrance, in any manner, into an area where an animal is properly under restraint in compliance with this chapter is considered provocation, irrespective of the reason for the entrance. Public nuisance means any animal that: (1) Is a dangerous dog within the meaning of V.T.C.A., Health and Safety Code ch. 822, as it may be amended. (2) Trespasses on school grounds. (3) Is repeatedly at large. 4 (4) Damages private or public property. (5) Barks, whines, howls or makes other annoying noises in an excessive, continuous or unreasonable fashion, or at unreasonable hours. (6) Bites, attacks or injures a domestic animal. (7) Bites, attacks, or injures a person. (8) Creates a danger to the public or destroys public/private property. Pursuit means the act of attempting to capture and/or impound an animal. Rat-proof means a state of being constructed so as to effectively prevent the entrance of rats. Reclaim means to retrieve or recover an animal from the city animal shelter after quarantine or impound. Registration means a privilege granted, upon compliance with the terms of this chapter, to lawfully own, keep, harbor, or have custody or control of a dog or cat within the city. Restraint means any animal that is securely caged; secured by a leash or lead attached to a collar or harness and under the effective control of a responsible person and obedient to that person's commands, within the confines of its owner's home or yard which is fully enclosed by a secure and substantial fence; or properly tethered. Livestock must be kept in species appropriate enclosures; i.e., stalls, pens, or in pastures or paddocks with secure and substantial fencing. In addition, a dog is deemed under restraint in the following circumstances: (1) When the dog is entered in a bona fide dog show, field trial, or exhibition held within the city, while the dog is actually engaged in the show, trial or exhibition. (2) When the dog is accompanied by and in the presence of its owner, master, or trainer, while the dog is actually engaged in dog obedience training; provided, the person training the dog has in the person's possession a leash of at least five (5) feet and not more than ten (10) feet in length and of sufficient strength to control the dog. (3) When the dog is used by a person with disabilities who utilizes the dog as a service animal to aid the person in going from place to place within the city. (4) When the dog is utilized by a licensed peace officer for law enforcement purposes. Sanitary means any condition of good order and cleanliness, free from the elements of filth or bacteria that endanger health. Secure enclosure with respect to dangerous dogs means a fenced area or structure separate from the owners residence in respect to their house if contact is possible with guests, invitees, or licensees, and meets the following requirements: (1) At least six (6) feet in height with secure sides and a secure top; if the enclosure does not have a floor that is secured to its sides, the sides shall be embedded at least two (2) feet into the ground; 5 (2) Of sufficient size to allow the dog to move freely; (3) Locked; (4) Capable of preventing the entry of the general public, including children; (5) Capable of preventing the escape or release of a dangerous dog by any means, including digging, climbing, jumping, or chewing out of the enclosure; (6) Clearly marked as containing a dangerous dog; and (7) Located no less than five (5) feet from another property line or fence adjoining the premises on which the enclosure is located. Secure enclosure with respect to animals that are not dangerous dogs means an enclosure that is species appropriate and prevents the animal from leaving said enclosure on its own volition, preventing it from being at large. Sell means to exchange, trade, barter and any other form of transaction by which property ownership is granted for consideration. Shelter means a structure that has three sides, a roof, and a floor; reference section 6-161 for additional requirements. Stable means any place that provides: (1) Any horse, pony, donkey, or mule for hire. (2) Boarding or grazing for any horse, pony, donkey or mule. (3) Riding instruction on any horse, pony, donkey or mule. Tether means to restrain an animal by rope, chain, or a similar material attached to a collar or harness so that an animal is fastened to a running line, pulley system, or trolley. Tied means to improperly restrain an animal by means of securing the animal to a fixed point. Vaccination certificate means the certificate issued by a licensed veterinarian in a form that meets the minimum standards approved by the Texas Board of Health for presentation to the animal care services division as a condition precedent to the granting of a dog or cat registration, and showing on its face that, at the time of presentation, the dog or cat covered by the certificate has been vaccinated for rabies. Veterinary hospital means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, and the treatment of diseases and injuries to animals. Zoological park means any lot, building, structure, enclosure, or premises, other than a pet shop or kennel, displaying or exhibiting one (1) or more species of non- domesticated animals and that is accredited by a recognized national or state zoological entity. The premises must be located within an appropriately zoned area and a certificate of occupancy must have been obtained for the intended use, if required by the city's zoning and construction ordinances. 6 (b) The words "animal," "cat," "dog," "fowl," "livestock," and "poultry" include both the male and female gender. (c) The singular form of words includes the plural form and vice versa. Sec. 6-15. Fee schedule. Fees for animal care services shall be charged pursuant to the animal care service fee schedule filed with the city secretary. Animal care fee schedule will be submitted to city council annually for review. Any adjustment of the animal care service fee schedule requires city council approval. The animal care services fee schedule is as follows: Fee Schedule Effective October 1, 2023 Reapplication upon denial of registration or permit $10.00 Microchip and lifetime license fee per dog or cat $15.00 Replacement of tag $12.00 Dangerous Dog Registration (set by V.T.C.A., Health and Safety $50.00 Code § 822.043) Aggressive Dog Registration (must be microchipped, $50.00 photographed and wear specific tag) Annual Intact Permit $100.00 Commercial Permits Auctions; Circus; Grooming Shop; Kennels; Performing Animal $57.00 Exhibit/Exhibition; Pet store; Horse stable Impoundment Unregistered/registered animal $30.00 Livestock $30.00 Second and subsequent impoundment within 12 months $50.00 Boarding fees per day Daily boarding fee (Return to Owner) $10.00 Rabies vaccine fee (Return to Owner) $10.00 Microchip fee (Return to Owner) $15.00 Species appropriate vaccination on intake (excludes rabies) $10.00 (Return to Owner) Owner surrender per animal unless litter under 4 months $50.00 Owner surrender of bite animal $100.00 Adoption Fee Domestic dog or cat; for animals over 6 months old and in good health includes spay/neuter, microchip/city license, rabies $25.00 vaccination Rabies impoundment and quarantine Animal head shipment - owned animal $150.00 Quarantine Fee of domestic animal (per day)* $20.00 * This fee will be in addition to impound, microchip, license, and rabies vaccination fees, $10.00 for additional days over 10. Dangerous/Aggressive Dogs Collars (including replacements) $10 8 Leashes (including replacements) $15 Signs (including replacements) $20 Sec. 6-17. Local rabies control authority. (a) The animal care services manager is designated as the local rabies control authority to enforce the provisions of the Rabies Control Act of 1981 (V.T.C.A., Health and Safety Code § 826.001 et seq.). (b) The duties of the local rabies control authority shall include, but are not limited to the enforcement of: (1) The provisions of the Rabies Control Act of 1981 , and the rules of the state board of health which comprises the minimum standards for rabies control; (2) The ordinances and/or rules of the City of Corpus Christi; and/or (3) The rules adopted by the state board of health under the area quarantine provisions of V.T.C.A., Health and Safety Code § 826.045 of said Act. (c) The animal care services manager may designate, in writing, an animal care services staff member to fulfill the duties and obligations of serving as the Local Rabies Control Authority due to unavailability or emergency. Sec. 6-34. Requirements of dangerous dog owners. (a) An owner of a dog determined to be dangerous, must comply with all of the following nine (9) requirements before the subject dog can be released to the owner by the department. The department must, however, release the dog to the owner if a state licensed veterinarian with a facility located within the city verifies, upon being contacted by a city veterinarian or department, that the owner has arranged for the required surgery of the dangerous dog to comply with this article, and if necessary, a city veterinarian has implanted the required registered microchip in the dog, has inspected the residence where the dog is to be kept, and is satisfied that the following requirements which could have already been complied with have been complied with by the owner: (1) The dog must be registered with the department and shall annually obtain a dangerous dog permit; (2) The dangerous dog shall at all times wear a collar approved by and purchased from the department visible at fifty (50) feet so that the dog can be identified as a 9 dangerous dog. The department is authorized to charge the dog owner a fee to cover the cost of this collar; (3) The dangerous dog must be kept in a dangerous dog enclosure as defined this chapter; (4) The owner must present to the department a certificate of public liability insurance in the amount of one hundred thousand dollars ($100,000.00) to cover any injuries caused by the dangerous dog. The insurance shall be kept in effect continuously and shall not be cancelled unless the dog is no longer kept by the insured owner; (5) The dangerous dog, when taken outside the enclosure, must be securely muzzled in a manner that will not cause injury to the dog nor interfere with its vision or respiration, but shall prevent it from biting any person or animal; and the dangerous dog must be restrained by a sturdy leash 3 feet in length purchased from Animal Care Services. The department is authorized to charge the dog owner a fee to cover the cost of this leash; (6) The owner shall post a sign purchased from Animal Care Services on his premises warning that there is a dangerous dog on the property. This sign shall be visible and capable of being read from the public street or highway. In addition, the department shall design and produce a uniform dangerous dog symbol or decal, understandable by small children which shall be made available at cost to the public. Such symbol or decal must be displayed on or about the sign; (7) If the dog does not have a registered microchip, the owner shall authorize the department to implant a registered microchip beneath the skin of the dangerous dog for positive identification of the animal; (8) At the owner's expense, the dangerous dog must be spayed or neutered either by the department or, at the discretion of the department, by a veterinarian approved by the department prior to being released back to its owner; (9) The owner must allow an annual inspection of the residence where the dog is kept ensuring continued compliance with all requirements of this section. More frequent inspections may be conducted in response to specific complaints regarding non-compliance with this section. 10 (b) If the owner of a dog determined to be dangerous is unable or unwilling to comply with the ownership requirements listed above at any time, the dog must be euthanized by an animal shelter, animal care agency, licensed veterinarian or the department.(b) If the owner of a dog determined to be dangerous is unable or unwilling to comply with the ownership requirements listed above at any time, the dog must be euthanized by an animal shelter, animal care agency, licensed veterinarian or the department. Sec. 6-39. Aggressive dogs; levels defined. Classification of a dog as aggressive shall be based upon specific behaviors exhibited by the dog. For purposes of this chapter, behaviors establishing various levels of aggressive dogs are the following: (1) Level 1 behavior is established if a dog, while unrestrained, causes physical injury to any domestic animal or livestock. (2) Level 2 behavior is established if: a. A dog, while unrestrained, kills or causes the death of any domestic animal or livestock, or b. A dog classified as a level 1 aggressive dog that repeats the behavior in subsection (1) after the owner or keeper receives notice of the level 1 classification. (3) Notwithstanding subsections (1) and (2), the animal care services manager shall have discretionary authority to refrain from classifying a dog as aggressive, even if the dog has engaged in the behaviors specified in subsections (1) and (2) if the director determines that the behavior was the result of the victim abusing or tormenting the dog or was directed towards a trespasser or other similar mitigating or extenuating circumstances Sec. 6-40. Investigation, seizure, confinement, and designation of aggressive dogs. (a) The department shall have authority to determine whether any dog has engaged in the behaviors specified in section 6-39. This determination may be based upon an investigation that includes observation of and testimony about the dog's behavior, including the dog's upbringing and the owner's or keeper's control of the dog, and other relevant evidence as determined by the department. These observations and testimony can be provided by animal care officers or by other witnesses who personally observed the behavior. They shall sign an affidavit attesting to the observed behavior and agree to provide testimony regarding the dog's behavior if necessary. (b) After receiving a sworn affidavit of complaint and upon making a decision that seizure is a reasonable precaution to ensure the health and safety of people 11 nearby, the department may order the immediate seizure and impound of the dog. An administrative search warrant shall be obtained from any municipal court magistrate to enter onto private property to search for a dog which is allegedly aggressive or has been previously determined to be aggressive, if permission to enter the subject premises is denied by a person in lawful possession. If the dog cannot be safely approached, a tranquilizer projector may be used by department personnel. The cost of securing said dog(s) shall be borne by the owner. If a dog is determined to be aggressive, it will remain in confinement as directed by the department. A dog that has been determined to be aggressive may not be released back to the owner until the owner is able to demonstrate his ability to comply with all the requirements for aggressive dogs as outlined in section 6-42. (c) The animal care services manager shall have the discretion to increase or decrease a classified dog's restrictions based upon relevant circumstances. (d) The department shall give the dog's owner or keeper written notice of the dog's specified behavior, of the dog's classification as aggressive, and of the restrictions applicable to that dog by reason of its classification. (e) Upon receipt of notice of the dog's classification as a level 1 or 2 aggressive dog pursuant to subsection (c), the owner or keeper shall comply with the restrictions specified in the notice unless reversed on appeal. Upon final determination and after appeals are exhausted, the owner will have thirty (30) days to comply with the requirements or else the animal will be considered abandoned and may be disposed of per subsection 6-103(g). Failure to comply with the specified restrictions shall be a violation of this chapter for which a fine can be imposed. Additionally, the department shall have authority to impound the dog pending completion of all appeals. (f) If the department's decision finds that a dog has engaged in aggressive behavior, the dog may be impounded pending the completion of any appeals. (g) Any dog classified as a level 2, that is found to have repeated level 2 behavior as defined under this chapter, shall be impounded if not already impounded. The dog shall not be released to the owner or be made available for adoption until either potential recipient of the dog has established arrangements for accommodating the animal consistent with all the security and safety requirements ordered by the department. Sec. 6-42. Regulation of aggressive dogs. In addition to the other requirements of this chapter, the owner or keeper of an aggressive dog shall comply with the following conditions: (1) Dogs classified as level 1 dogs shall confined within a secure enclosure whenever the dog is not on a leash. The secure enclosure must be located so as not to interfere with the public's legal access to the owner's or keeper's premises. In addition, the department may require the owner or keeper to obtain and maintain proof of public liability insurance in the amount of one hundred thousand dollars ($100,000.00). 12 (2) Dogs classified as level 2 dogs shall be confined within a secure enclosure whenever the dog is not on a leash. The secure enclosure must be located so as not to interfere with the public's legal access to the owner's or keeper's premises, and the owner or keeper shall post warning signs, which are provided by the department, on the premises where the dog is kept, in conformance with rules to be adopted by the department. In addition, the animal care services manager may require the owner or keeper to obtain and maintain proof of public liability insurance in the amount of one hundred thousand dollars ($100,000.00). The owner or keeper shall not permit the dog to be off the owner's or keeper's premises unless the dog is muzzled and restrained by an adequate leash 3 feet in length purchased from Animal Care Services and under the control of a capable person. (3) To ensure correct identification, all dogs that have been classified as aggressive shall be microchipped and photographed and may be fitted with a special tag or collar approved by and purchased from the department visible at fifty (50) feet so that the dog can be identified as an aggressive dog. The department is authorized to charge the dog owner a fee to cover the cost of this collar. (4) The animal must have a registered microchip and obtain an annual aggressive dog permit from the department. (5) The owner or keeper of a level 2 aggressive dog shall not permit the warning sign to be removed from the secure enclosure. The owner or keeper of any aggressive dog shall not permit the special tag or collar to be removed from the dog. The owner or keeper of an aggressive dog shall not permit the dog to be moved to a new address or change owners or keepers without providing the animal care services manager with ten (10) days' prior written notification. (6) At the owner's expense, the aggressive dog must be spayed or neutered by a veterinarian approved by the department prior to being released back to its owner. Sec. 6-57. Pet shop requirements and prohibitions. (a) No person shall operate a pet shop within the city without first obtaining a permit from the department. (b) All animals shall be able to stand, stretch, and turn without touching any of the four (4) sides or top of their primary enclosure. (c) Animal enclosures shall be cleaned of debris and fecal matter at least once every twenty-four (24) hours. Sanitizing of dog and cat enclosures shall be done once every day by washing the surfaces with proper disinfectants that are not harmful to the animal's health. (d) All pet shops and stores selling any and all species of animals shall: (1) Provide appropriate medical services, care, and housing according to individual species' needs. (2) Keep accurate records of breed, description, approximate age and sex of animal sold if applicable. 13 (3) Medications and immunizations administered if applicable. (4) A guarantee of good health for a period of not less than two (2) weeks with recommendation to have the animal examined by a licensed veterinarian if applicable. The permit holder shall retain a copy of the written statement for twelve (12) months from date of sale. (e) Records shall be maintained and surrendered to the department upon request and without reservation or purpose of evasion. Failure to produce such records upon demand by the department shall be cause for the revocation of an existing permit and the refusal to issue a new permit for a period of two (2) years. (f) It shall be a violation of this chapter for a pet shop to sell or offer for sale a dog or cat. (g) A pet shop may provide space for the display of dogs or cats available for adoption only if such animals are displayed and made available for adoption through Corpus Christi Animal Care Services, or an animal rescue organization that has a current and approved memorandum of understanding with Corpus Christi Animal Care Services, and provided that: (1) No part of any fees associated with the display or adoption of the animals, including but not limited to adoption fees or fees for the provision of space, shall be paid to the host pet shop or to any entity affiliated with or under common ownership with the host pet shop; and (2) The host pet shop shall not have any ownership interest in any of the animals displayed for adoption. Sec. 6-59. Intact Pet Permit. (a) Offenses. (1) A person commits an offense if the person owns, keeps, harbors or has custody of any dog or cat over six months of age that is intact unless such dog or cat is subject to a valid intact pet permit issued in accordance with this section. (2) A person commits an offense if the person advertises for sale within the city an intact dog or cat over six months of age and fails to include in such advertisement the identification number of the dog or cat's city-issued intact pet permit. (3) A person commits an offense if the person adopts out or transfers for a fee, an intact dog or cat. (b) Application. (1) An application for an intact pet permit must be made on the form prescribed by the program manager and shall include the following information: 14 a. The name, telephone number and physical address of the applicant; b. The description of the animal sought to be included under the permit and the species, breed, gender and age of the animal; c. A statement from a licensed veterinarian that the animal is current on all veterinary recommendations, including examinations, vaccinations, preventative medicine, and treatments; and d. A statement affirming that the applicant is familiar with the provisions of this chapter and agrees to maintain all animals in accordance with applicable legal requirements. (2) a. An application must be accompanied by payment of an application fee in the amount adopted by the city council; or b. This application fee shall be in addition to all other applicable permits and registration fees required under this chapter. An application fee is not refundable. (4) The animal care services manager may require additional information and documentation as deemed necessary to determine whether a permit should be issued. (c) Consideration of application. (1) An application for permit may be denied if the applicant: a. Fails or refuses to submit a complete application; b. Fails or refuses to submit any information or supporting documentation required under this section or pursuant to a request of the animal care and control authority; c. Fails or refuses to submit the fee or documentation required under subsection (b)(2) above; d. Provides false information on or in connection with the application; e. Has, within the preceding 24 months, been convicted of, received deferred adjudication or pleaded guilty or no contest to one or more violations of this chapter, of any state law relating to the care and humane treatment of animals, or both; 15 f. Has, within the preceding 24 months failed to appear in court to respond to a citation relating to an alleged violation of any provision of this chapter or of any state law relating to the care and humane treatment of animals; g. Has, within the preceding 60 months, been convicted of, received deferred adjudication or pleaded guilty or no contest to one or more violations of any provision of this chapter or of any state law relating to animal cruelty; h. Has previously had a permit revoked pursuant to subsection (e) below; or i. Resides at the same physical address as another individual whose permit has been revoked pursuant to subsection (e) below. (2) Notwithstanding subsection (c)(1) above, an application for permit may also be denied if specific circumstances exist indicating that the issuance of the permit would not be in the best interest of the animals involved or of the health and safety of the public. If a permit is denied pursuant to this subsection (c), the animal care services manager shall issue a written statement citing the specific reason or reasons for the denial. (3) If an application for permit is denied, the applicant may appeal to the program manager. Such appeal must be made in writing and received within 14 days of the date the application was originally rejected. The decision of the program manager may be appealed to the Department Director. Such appeal must be made within 7 days of the program managers decision. The decision of the Department Director shall be final and non-appealable. (d) Issuance and maintenance of permit. (1) A permit is issued for an individual animal to an individual person. A permit is not transferable to another animal or to another person. (2) A permit is valid for 1 year unless and until it is revoked. (3) To maintain an intact pet permit, the permit holder must keep animal care services apprised of current contact information for holder and identifying and registration information for each animal subject to an intact pet permit. In particular, a permit holder must notify animal care services of any change of address or telephone number no later 90 days after the new address or phone number is effective. In addition, within 90 days of obtaining an intact animal not subject to an intact pet permit, the permit holder must provide the animal care services with the species, breed, gender, and age of such animal. (e) Revocation of permit. 16 (1) The animal care and control authority may revoke a permit if the owner of the animal issued an intact pet permit: a. Is convicted, receives deferred adjudication or pleads guilty or no contest with respect to one or more violations of this chapter, of any state law relating to the care and humane treatment of animals, or both; b. Fails to appear in court to respond to a citation relating to an alleged violation of any provision of this chapter or of any state law relating to the care and humane treatment of animals; c. Is convicted, receives deferred adjudication or pleads guilty or no contest with respect to any violation of any provision of this chapter or of any state law relating to animal cruelty; d. Is discovered to have provided false or inaccurate information on or in connection with an application for an intact pet permit; e. Fails to vaccinate any animal in accordance with the requirements of state law or this chapter; f. Fails to comply with the requirements of subsection (d)(3) above; or g. Fails to provide a current statement described in (b)(1)c. above within 30 days of when requested by the animal care and control authority. h. Fails to keep an owned intact animal under restraint. (2) a. If a permit is revoked by animal care services, the applicant may appeal to the program manager. Such appeal must be made in writing and received within 14 days of the date the application was originally revoked. b. The program manager may: 1 . Reinstate the permit pursuant to its original terms; 2. Reinstate the permit subject to the holder meeting additional specified conditions; or 3. Affirm the revocation of the permit. C. The decision of the program manager may be appealed to the department director. Such appeal must be made in writing and received within 7 days of the program manager's decision. The department director's decision shall 17 be final and non-appealable. The department director may take any of the actions allowed by the program manager in this section. d. Revocation of a permit will not result in the refund of any permit or application fee. (f) Affirmative Defenses. (1) It is an affirmative defense to a prosecution under subsection (a)(1) above if an owner produces a signed, written opinion from a licensed veterinarian that the animal in question should not be spayed or neutered due to health concerns. (2) It is an affirmative defense to prosecution under subsection (a)(1) above that the person who owned the animal was not a permanent resident of the city and was keeping the animal within the city for less than 60 days. (3) It is an affirmative defense to prosecution under subsection (a)(3) above that an adoption was made by Animal Care Service or under a current Memorandum of Understanding with Animal Care Services. Sec. 6-103. Impoundment. (a) Grounds for impoundment. Animals may be impounded by the animal care services division in any of the following circumstances: (1) Any animal not kept under restraint as required by this chapter. (2) Any dog or cat for which a valid city registration has not been issued. (3) Any animal that constitutes a public nuisance. (4) Any animal that has rabies or exhibits symptoms of rabies, or that a person could reasonably suspect as having rabies. (5) Any animal that bites, scratches, or otherwise attacks another animal or person within the city. (6) Any animal not kept by the owner or permit holder inconformity with this chapter, regulations promulgated by the animal care services manager, disposition made in accordance with article IV of this chapter, or state law. (7) Any animal upon the written request of the animal's owner and to which the animal care services manager or the animal care services manager's designee agrees that the animal be humanely euthanized for the protection of the public's health, safety and welfare. (8) Any dog that is the subject of a cause of action filed pursuant to V.T.C.A., Health and Safety Code ch. 822, as it may be amended, must be impounded until further order of a court of proper jurisdiction. (b) Length of impoundment. Except for dogs impounded as subjects or probable subjects of a proceeding pursuant to V.T.C.A., Health and Safety Code ch. 822, for 18 observation of rabies under section 6-127, or other administrative procedures, impounded animals not claimed must be kept for not less than three (3)working days from date of impoundment. In calculating the length of this time period, the first working day after impoundment is considered day one. In cases deemed necessary by the Animal Care Services Manager and/or the Animal Care Services On-Site Veterinarian, or the Animal Care Services Supervisor, an impounded animal without microchip or registration may be immediately transferred to the care of an Animal Rescue Organization when space, adequate medical care, or other resources are unavailable. (c) Notification of owner. If, by registration or other means, the owner of an impounded animal can be identified, the animal care services division shall, as soon as practicable after impoundment, notify the owner in person or by telephone, if reasonably possible, advising that, if the impounded animal is not redeemed within five (5) working days, disposition will be made in accordance with this chapter. (d) Redemption. Impounded animals, excluding those impounded as prohibited animals, or an animal held for observation of rabies under section 6-127 or other administrative procedures, are subject to redemption, at the discretion of the animal care services manager. Impounded animals may be redeemed by anyone entitled to possession of the animals, at the discretion of the animal care services manager while the animals are in the city animal shelter after paying the appropriate fees as follows.. (1) Impoundment fees. Impoundment fees are established in the fee schedule pursuant to section 6-15 of this chapter. A waiver or partial waiver of an impoundment fee may be granted by the animal care services manager in cases involving exigent circumstances as determined by the animal care services manager. (2) Boarding charge. A boarding charge established in the fee schedule pursuant to section 6-15 of this chapter is not to exceed the reasonable cost of boarding, feeding and caring for the animal for the period of impoundment. Boarding charges apply to redemption of impounded animals and are not applicable to adoption of animals. (3) Rabies vaccination charge. All charges for rabies vaccination if required. (4) Registration charge. City registration charge, if applicable. (e) Redemption—Special circumstances. (1) In case any animal that is impounded is sought to be redeemed and is suffering from any disease or ailment, it may not be released until the animal care services manager is satisfied that arrangements looking to its proper treatment are assured. (2) Animals impounded for rabies observation are subject to redemption if the animal has satisfied the required length of observation and is determined to be free from rabies as verified by the animal care services manager or designee. (f) Mandatory spay/neuter of dogs following impoundment. 19 (1) The owner or keeper shall keep the animal restrained at all times (except cats as described by section 6-102) and ensure that the animal is not at large. Dogs found to be at large shall be subject to mandatory sterilization at the owner's expense within thirty (30) days of notification of the violation. (2) Exemption made by animal care services manager. The animal care services manager is authorized to exempt an owner from the requirements of this section if the owner proves to the satisfaction of the animal care services manager that the animal: a. Was a member of a national breed club, local breed club, local all-breed club, sporting or hunting club, or was regularly shown during the six-month period immediately preceding impoundment, b. Was at large due to a natural disaster, c. Was at large due to the criminal or negligent acts of a third party, or d. Displays no characteristics indicating aggressiveness and has a potential market value as a breeding animal. The denial of a requested exemption pursuant to this subsection (f)(2) by the animal care services manager may be appealed by the owner of the animal by giving signed, written notice of such appeal and the grounds therefor to the neighborhood services director within ten (10) calendar days after issuance of the denial. The determination by the neighborhood services director of said appeal shall be final. (3) Certification of spay/neuter procedure. The owner is required by this section to spay or neuter their animal shall submit certification signed by a licensed veterinarian that the procedure was performed no later than the fortieth day following the notification of violation to animal care services. (4) Offenses. A person commits an offense if the person is required by this section to spay or neuter their animal and fails to provide certification to animal care services of the procedure. (5) Affirmative defense. In a prosecution for a violation of subsection (f)(4), it is an affirmative defense that at the time of the animal's impoundment: a. The owner of the dog was a member of a national breed club, local breed club, local all-breed club, sporting or hunting club, or was regularly shown during the six-month period immediately preceding impoundment. b. The animal was at large due to a vis major. c. The animal was at large at the time of its impoundment due to the criminal or negligent acts of a third party who was not residing at the dog owner's residence. At trial, evidence of a fire or the criminal or negligent acts of a third party may be presented in one (1) or more of the following manners: 1 . A certified copy of a police or fire report verifying the incident; 20 2. The affidavit of police or fire personnel with direct knowledge of the incident; or 3. The testimony of police or fire personnel with direct knowledge of the incident. (6) Nothing in this subsection maybe construed so as to permit a spayed or neutered dog to run at large. (g) Disposition of animals. (1) Immediately upon impoundment, the city is the designated caretaker of impounded animals. Except as provided in subsections (c) and (j) of this section, and certain livestock as provided for in this paragraph, impounded animals not redeemed by their owner within three (3) working days following impoundment become the property of the city and may be placed for adoption in a suitable home or with any nonprofit association organized for the protection and welfare of animals, sold under section 17-6 of the Code of Ordinances, or humanely euthanized. Prior to the disposition of any livestock excluding goats and sheep, notice must be posted for a ten-day period at the county courthouse, City Hall, and the city animal shelter upon the expiration of three (3) working days from the date of impoundment of the livestock. Upon the expiration of the ten-day notice period, the city may dispose of the livestock in the same manner as other unclaimed animals. (2) The expiration of the three (3) working days period upon impoundment and the notice of and expiration of the ten-day period with respect to livestock does not apply to the disposition of any animal placed in impoundment by the written consent of the animal's owner and the acceptance of the animal by the animal care services manager. Any animal received by the consent of its owner may be disposed of immediately upon its impoundment in the same manner as unclaimed animals. (3) In the case of a dog impounded under authority of V.T.C.A., Health and Safety Code ch. 822, as it may be amended, or other state law, the dog may be redeemed upon the court's finding and rendering a judgment that the dog did not engage in dangerous conduct and upon the conclusion of any proceeding provided for in this chapter; or upon the court's finding that the dog did engage in dangerous conduct, that the claimant of the dog shows proof of having fully complied with all insurance and restraint requirements provided by state law, and meets all requirements of this chapter that pertain to the keeping of a dangerous dog. (4) Due to their immature immune system, any impounded animal under four (4) months of age shall immediately become the property of the city, for humane disposition, and may be offered for adoption, rescue, foster care or humanely euthanized at the discretion of the animal care service manager, veterinarian, or their designee. (h) Adoption of unclaimed animal. A person may adopt an unclaimed animal after the expiration of the redemption period and after paying any applicable rabies 21 vaccination fees, registration fees, spay/neuter fees, and adoption fees established in the fee schedule pursuant to section 6-15 of this chapter. A person adopting an unclaimed animal must sign an agreement to have the animal sterilized within thirty (30) days of adoption, in compliance with V.T.C.A., Health and Safety Code ch. 828, if the animal is unsterilized at the time of adoption. All adoptions and approval of applications for adoption are at the discretion of the animal care services manager. (i) Compliance required for release. No impounded dog or cat may be released until the person to whom the dog or cat is to be released agrees and meets all regulations promulgated by the animal care services manager. (j) Euthanasia. The animal care services manager, a licensed veterinarian, or the animal care services manager's designee may direct the immediate euthanization of any animal determined to be seriously injured or diseased under the rules, guidelines, or procedures established by the animal care services manager. Impounded animals not redeemed or adopted as provided for in this section must be humanely euthanized at the city animal shelter under the direction a person trained and certified in human euthanasia as outlined in the Texas Health and Safety Code. The carcasses must be disposed of as directed by the animal care services manager. (k) Records. The animal care services manager shall cause to be maintained a record describing each identifiable animal impounded within the preceding two (2) years. In the case of registered dogs and cats, the registration number and the name of the person to whom it was issued must be noted. In the case of each identifiable animal, it must be noted how the impounded animal was disposed of, giving the names and addresses of persons to whom the animal was delivered, and the fees and charges received from the persons. (1) Citation. In addition to, or in lieu of, impounding an animal under this section, an animal care services officer or any police officer may issue to the owner of the animal a citation for a violation of this chapter. Sec. 6-126. Rabies impoundment and quarantine. (a) Any veterinarian or person having knowledge of an animal having bitten, scratched or injured a person, within the city shall report the incident to animal care services who is also the local rabies control authority immediately. (b) Any veterinarian or other person having knowledge of an animal diagnosed as having any reportable zoonotic disease shall report same to the animal care services manager within five (5) days. (c) The owner of such diseased or biting or scratching animal who learns of such incident shall immediately give his name and address together with the animal's registered microchip information and date of last rabies vaccination to the person bitten or injured or to a parent or guardian of such person who is under the age of eighteen (18) years. The owner or keeper shall notify the department within twenty- four (24) hours of his name; the animal's registered microchip information; the name of the injured person; and other information requested by the department related to the animal and injured party. 22 The owner or keeper of the diseased or biting or scratching animal shall contact animal care services within twenty-four (24) hours upon receipt or notification from animal care services, The animal care services manager or any appointed animal care officer shall seize and impound any animal for rabies observation upon the sworn affidavit of any person with knowledge that the animal has bitten or scratched a person. A search and seizure warrant shall be obtained from any municipal court judge or other magistrate to enter onto private property to search for the biting or scratching animal if permission to enter is not given. (1) The owner or keeper of any animal within the city which has bitten or scratched a person so as to have caused a break of the skin shall, on demand of the animal care services manager or any animal care officer, immediately surrender such animal to the animal care services facility, or other approved rabies quarantine facility for observation for a period lasting not more than ten (10) days after the date of the incident, subject to the provisions of subsection (b). (2) The owner of any animal that has bitten or scratched any person shall be allowed to assume personal responsibility for confining the animal for the observation period of ten (10) days, only under the following circumstances: a. Secure facilities must be available at the home of the animal's owner, and must be approved by the animal care services manager; b. The animal was currently vaccinated against rabies when the exposure incident occurred; c. The animal was not in violation of any laws or ordinances at the time of the bite; and d. The animal care services manager, city veterinarian or a licensed veterinarian must observe the animal at least on the first and last days of the quarantine period. If the animal becomes ill during the observation period, the animal care services manager must be notified by the person having possession of the animal. At the end of the observation period, if conducted away from ACS, the release from quarantine must be accomplished in writing by the veterinarian who will attest to the health of the animal. If the animal is quarantined at ACS, the city veterinarian, local rabies control authority or designee may issue the release in writing, attesting to the health of the animal. (3) If an animal is believed to have rabies or has been bitten by an animal suspected of having rabies, such animal shall be quarantined for observation by a veterinarian for the appropriate period as required by state law. (4) Violation of the observation confinement of the biting animal as provided in subsection (b) shall be just cause for seizure and confinement of the animal in the animal care services facility of the city. (5) All wild animals involved in exposure incidents including biting, scratching or any other direct exposure by physical contact will be humanely euthanized in such a manner that the brain is not mutilated. The brain shall be submitted to a 23 Texas Department of State Health Services certified laboratory for rabies diagnosis. (d) Investigation of cases. The animal care services manager or designee shall investigate and record all cases of rabies and suspected rabies. (e) Disposition of bodies of quarantined animals. The body of any animal that has died of rabies or that dies or is destroyed while in quarantine may not be disposed of except as directed by the animal care services manager. (f) Payment of costs. The owner of an animal quarantined under this section shall pay to the animal care services division the reasonable costs of the quarantine and disposition of the animal, including charges for preparation, processing, and shipment of the animal's head or brain, if required, to the nearest Texas Department of State Health Services Laboratory for testing. The fee for preparation, processing, and shipment, by the animal care services division, of the animal's head or brain is established in the fee schedule pursuant to section 6-15 of this chapter. 24 Ordinance amending sections 6-1, "Definitions"; 6-15, "Fee Schedule"; 6-17, "Local Rabies Control Authority"; 6-34, "Requirements of Dangerous Dog Owners"; 6-39, "Aggressive dogs; levels defined"; 6-40, "Investigation, seizure, confinement, and designation of aggressive dogs"; 6-42 "Regulation of Aggressive Dogs"; 6-57, "Pet Shop Requirements"; 6-103, "Impoundment"; 6-126, "Rabies Impoundment and Quarantine"; adding section 6-59, "Intact Pet Permit"; of the City Code and providing for a penalty not to exceed $500 and publication. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. Section 6-1 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. 6-1. Definitions. (a) As used in this chapter, the following words have the meanings ascribed to them in this section: Abandoned animal means an animal left without care by the owner and or keeper without making reasonable arrangements for assumption of custody by another person. Animal means any living vertebrate creature, domestic or wild, other than Homo sapiens. Animal care officer means the animal care services division manager, employees of the animal care services division, or authorized agents of animal care services. Animal care services means a division of the City of Corpus Christi responsible for enforcing state and local laws, ordinances, rules, and regulations regarding the care and keeping of animals, including the provisions of this chapter. Animal care services manager means the program manager of Corpus Christi Animal Care Services. Animal rescue organization means a non-profit organization incorporated under the law of any state and exempt from federal taxation under Section 501(c)(3) of the federal Internal Revenue Code, as amended, and whose principal purpose is the prevention of cruelty to animals and whose principal activity is to rescue sick, injured, abused, neglected, unwanted, abandoned, orphaned, lost, or displaced animals and to adopt them to good homes. "Animal rescue organization" shall not include any entity that breeds animals or that (1) is located on the same premises as; (2) has any personnel in common with; (3) obtains, in exchange for payment or any other form of 1 compensation, dogs or cats from; or (4) facilitates the sale of dogs or cats obtained from a person that breeds animals. At large or running at large means any animal within the city not kept under restraint. Attack means to set upon with violent force. Auction means any place or facility within the city where animals are regularly bought, sold, offered for sale, or traded, except for those facilities otherwise defined in this chapter. Cat means a domesticated member of the Felidae (feline) family, other than a bobcat, cougar, jaguar, leopard, lion, panther, tiger, or other prohibited animal. Circus means a commercial variety show featuring animal acts for public entertainment. City means the City of Corpus Christi. City animal shelter means a place operated by or for the city, whether in city facilities or by contract, for the detention of dogs, cats, and other animals as prescribed by law. Collar or harness means a band of leather, nylon, rope, or similar material, excluding chain if utilized for training purposes, that is commonly used on an animal to aid in control of movement of the animal, by the animal's owner, and to which a leash or lead can be attached. Commercial animal establishment means any auction, circus, hatchery, kennel, performing animal exhibit, performing animal exhibition, pet shop, rodeo, stable, or zoological park or any lot, building, structure, or premises within the city used for the business of buying, selling, grooming, breeding, or boarding of animals. Commercial property means: (1) Any portion of land or buildings, excluding publicly owned property, that is zoned or utilized for commercial or business uses within the city, including temporary sites. (2) Any vehicle utilized for commercial or business purposes within the city. Department means Corpus Christi Animal Care Services. Dog means a domesticated member of the Canidae (canine) family, other than a coyote, dingo, fox, jackal, wolf, wolf hybrid, or other prohibited animal. Food means, with respect to animals, any commercially processed and packaged substance intended for use by an animal owner to meet and maintain the nutritional needs of the animal for which it was processed and packaged. Food processing establishment means any place in which food is commercially manufactured or packaged for human consumption. Food service establishment means any place where food is prepared and intended for individual portion service, and includes the site at which individual portions are 2 provided. The term includes any such place regardless of whether consumption is on or off the premises and regardless of whether there is a charge for the food. The term also includes delicatessen-type operations that prepare sandwiches intended for individual portion service. The term does not include private homes where food is prepared or served for individual family consumption, the location of vending machines, and supply vehicles. Fowl means any live bird. Grooming shop means a commercial enterprise where two (2) or more dogs or cats over four (4) months of age are groomed, upon agreement with the dog or cat owner, on a service-for-fee basis. The premises must be located within an appropriately zoned area and a certificate of occupancy must have been obtained for the intended use, if required by the city's zoning and construction ordinances. Hatchery means a commercial enterprise regularly engaged in supplying, selling, or offering for sale any fowl to commercial or agricultural customers. Impound means any of the following: (1) The placing of an animal in the city's animal care services facility; (2) The taking of an animal into custody for purposes of transporting the animal to the city's animal care services facility; (3) An officer in pursuit of an animal, and in lieu of taking custody of the animal, elects to return the animal to its owner with proper written notices, warnings and admonishments. itact Animal means an unsterilized animal. Keeper means any person, firm, corporation, organization, or department holding, caring for, having an interest in, or having control or custody of an animal. If the keeper of an animal is a minor, the parent or guardian of that minor shall be responsible for compliance with animal care related ordinances. Kennel means a commercial enterprise, excluding a veterinary hospital, where four (4) or more dogs or cats over four (4) months of age are kept, raised, sold, boarded, bred, shown, treated, or groomed on a daily, weekly, or monthly basis. The premises must be located within an appropriately zoned area and a certificate of occupancy must have been obtained for kennel use, if required by the city's zoning and construction ordinances. Licensed veterinarian means a veterinarian licensed by the Texas State Board of Veterinary Medical Examiners. Livestock means farm animals, such as horses, ponies, mules, donkeys, cattle, goats, sheep, and swine. Microchip means an identification chip implanted under the skin of an animal for the purpose of identifying its owner or keeper which has been registered with a microchip registration company with current ownership information to include the current owner or keeper's name, address and telephone number, and the description of the animal. 3 Owner means any person owning, keeping, or harboring one (1) or more animals. An animal is deemed to be harbored if it is fed or provided water. An animal is deemed to be kept if it is fed or provided water and sheltered or restrained except upon the authorization of the animal care services manager. If the owner of an animal is a minor, the parent or guardian of that minor shall be responsible for compliance with animal care related ordinances and shall be identified as the legal owner of said animal. Performing animal exhibit means any spectacle, act, or event, excluding a circus or rodeo, in which animals display stunts, tricks, skills, or natural characteristics and which spectacle, act, or event does not exceed two (2) calendar days in duration. Performing animal exhibition means any spectacle, act, or event, excluding a circus or rodeo, in which animals display stunts, tricks, skills, or natural characteristics and which spectacle, act, or event exceeds two (2) calendar days in duration. Pet means any animal not otherwise prohibited under this chapter that is kept for pleasure rather than utility. Pet shop means a commercial enterprise regularly engaged in the buying and selling of animals and animal-related products. The premises must be located within an appropriately zoned area and a certificate of occupancy must have been obtained for the intended use, if required by the city's zoning and construction ordinances. Poultry means any species of domesticated fowl commonly kept for eggs or meat, such as chickens, turkeys, ducks, or geese. Prohibited animal means any animal, other than a common household pet, such as a canary, finch, cockatiel, hamster, guinea pig, gerbil, rabbit, ferret, fish, or small nonpoisonous reptiles, that poses a potential physical or disease threat to the public or that is protected by international, federal or state laws or regulations, and includes, but is not limited to, the following: (1) Within the class Reptilia: family Helodermatidea (venomous lizards); family Varanidae (monitors); Order Ophidia, family Boidoe (boas pythGRS and anacondas); family Pythonidae (pythons); family Hydrophiidae (marine snakes); family Viperidae (rattlesnakes, copperheads, cottonmouths, pit vipers and true vipers); family Elapidae (coral snakes, cobras, and mambas); family Colubridae, Dispholidus Typus (boomslang), Cyclagras gigas (water cobra), Boiga dendrophila (mangrove snake) and Kirtlandii (twig snake) only; order Crocodilia (crocodiles, alligators, caimans and gavials); (2) Within the class Aves: order Falconiforms (hawks, eagles and vultures) and subdivision Rapitae (ostriches, rheas, cassowaries and emus); (3) Within the class Mammalia: order Carnivora, family Felidae, (such as cougars, tigers, lions, bobcats and ocelots) except domesticated cats, family Canidae (such as wolves, dingos, coyotes and jackals) except domesticated dogs, family Mustelidae (such as weasels, skunks, martins, mink and badgers), family Procyonidae (such as raccoons), and family Ursidae (such as bears); order Marsupialia (such as kangaroos and opossums); order Chiroptera (bats); 4 order Edentata (such as sloths, anteaters and armadillos); order Proboscidea (elephants); order Primata (such as monkeys, chimpanzees and gorillas); order Rodentia (such as porcupines); and order Ungulata (such as antelope, deer, bison and camels); and (4) Within the class Amphibia: Poisonous frogs, toads and salamanders. Provocation means any purposeful act that causes an animal to scratch, bite, or attack in protection of itself, the owner, or the owner's premises. Entrance, in any manner, into an area where an animal is properly under restraint in compliance with this chapter is considered provocation, irrespective of the reason for the entrance. Public nuisance means any animal that: (1) Is a dangerous dog within the meaning of V.T.C.A., Health and Safety Code ch. 822, as it may be amended. (2) Trespasses on school grounds. (3) Is repeatedly at large. (4) Damages private or public property. (5) Barks, whines, howls or makes other annoying noises in an excessive, continuous or unreasonable fashion, or at unreasonable hours. (6) Bites, attacks or injures a domestic animal. (7) Bites, attacks, or injures a person. (8) Creates a danger to the public or destroys public/private property. Pursuit means the act of attempting to capture and/or impound an animal. Rat-proof means a state of being constructed so as to effectively prevent the entrance of rats. Reclaim means to retrieve or recover an animal from the city animal shelter after quarantine or impound. Registration means a privilege granted, upon compliance with the terms of this chapter, to lawfully own, keep, harbor, or have custody or control of a dog or cat within the city. Restraint means any animal that is securely caged; secured by a leash or lead attached to a collar or harness and under the effective control of a responsible person and obedient to that person's commands, within the confines of its owner's home or yard which is fully enclosed by a secure and substantial fence; or properly tethered. Livestock must be kept in species appropriate enclosures; i.e., stalls, pens, or in pastures or paddocks with secure and substantial fencing. In addition, a dog is deemed under restraint in the following circumstances: (1) When the dog is entered in a bona fide dog show, field trial, or exhibition held within the city, while the dog is actually engaged in the show, trial or exhibition. (2) When the dog is accompanied by and in the presence of its owner, master, or trainer, while the dog is actually engaged in dog obedience training; provided, 5 the person training the dog has in the person's possession a leash of at least five (5) feet and not more than ten (10) feet in length and of sufficient strength to control the dog. (3) When the dog is used by a person with disabilities who utilizes the dog as a service animal to aid the person in going from place to place within the city. (4) When the dog is utilized by a licensed peace officer for law enforcement purposes. Sanitary means any condition of good order and cleanliness, free from the elements of filth or bacteria that endanger health. Secure enclosure with respect to dangerous dogs means a fenced area or structure separate from the owners residence in respect to their house if contact is possible with guests, invitees, or licensees, and meets the following requirements: (1) At least six (6) feet in height with secure sides and a secure top; if the enclosure does not have a floor that is secured to its sides, the sides shall be embedded at least two (2) feet into the ground; (2) Of sufficient size to allow the dog to move freely; (3) Locked; (4) Capable of preventing the entry of the general public, including children; (5) Capable of preventing the escape or release of a dangerous dog by any means, including digging, climbing, jumping, or chewing out of the enclosure; (6) Clearly marked as containing a dangerous dog; and (7) Located no less than five (5) feet from another property line or fence adjoining the premises on which the enclosure is located. Secure enclosure with respect to animals that are not dangerous dogs means an enclosure that is species appropriate and prevents the animal from leaving said enclosure on its own volition, preventing it from being at large. Sell means to exchange, trade, barter and any other form of transaction by which Property ownership is granted for consideration. Shelter means a structure that has three sides, a roof, and a floor; reference section 6-161 for additional requirements. Stable means any place that provides: (1) Any horse, pony, donkey, or mule for hire. (2) Boarding or grazing for any horse, pony, donkey or mule. (3) Riding instruction on any horse, pony, donkey or mule. Tether means to restrain an animal by rope, chain, or a similar material attached to a collar or harness so that an animal is fastened to a running line, pulley system, or trolley. 6 Tied means to improperly restrain an animal by means of securing the animal to a fixed point. Vaccination certificate means the certificate issued by a licensed veterinarian in a form that meets the minimum standards approved by the Texas Board of Health for presentation to the animal care services division as a condition precedent to the granting of a dog or cat registration, and showing on its face that, at the time of presentation, the dog or cat covered by the certificate has been vaccinated for rabies. Veterinary hospital means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, and the treatment of diseases and injuries to animals. Zoological park means any lot, building, structure, enclosure, or premises, other than a pet shop or kennel, displaying or exhibiting one (1) or more species of non- domesticated animals and that is accredited by a recognized national or state zoological entity. The premises must be located within an appropriately zoned area and a certificate of occupancy must have been obtained for the intended use, if required by the city's zoning and construction ordinances. (b) The words "animal," "cat," "dog," "fowl," "livestock," and "poultry" include both the male and female gender. (c) The singular form of words includes the plural form and vice versa. SECTION 2. Section 6-15 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. 6-15. Fee schedule. Fees for animal care services shall be charged pursuant to the animal care service fee schedule filed with the city secretary. Animal care fee schedule will be submitted to city council annually for review. Any adjustment of the animal care service fee schedule requires city council approval. The animal care services fee schedule is as follows: 8 Fee Schedule Effective October 1, :2021 2023 Reapplication upon denial of registration or permit $10.00 Microchip and lifetime license fee per dog or cat $15.00 Replacement of tag $12.00 Dangerous Dog Registration (set by V.T.C.A., Health and $50.00 Safety Code § 822.043) Aggressive Dog Registration (must be microchipped, $50.00 photographed and wear specific tag) Annual Intact Permit Commercial Permits Auctions; Circus; Grooming Shop; Kennels; Performing Animal $57.00 Exhibit/Exhibition; Pet store; Horse stable Impoundment Unregistered/registered animal $30.00 Livestock $30.00 Second and subsequent impoundment within 12 months $50.00 Boarding fees per day Daily boarding fee (Return to Owner) $10.00 Rabies vaccine fee (Return to Owner) $10.00 Microchip fee (Return to Owner) $15.00 Species appropriate vaccination on intake (excludes rabies) $10.00 (Return to Owner) 9 Owner surrender per animal unless litter under 4 months $50.00 Owner surrender of bite animal $100.00 Adoption Fee Domestic dog or cat; for animals over 6 months old and in good $25.00 health includes spay/neuter, microchip/city license, rabies vaccination Rabies impoundment and quarantine Animal head shipment - owned animal $150.00 Quarantine Fee of domestic animal (per day)* $20.00 * This fee will be in addition to impound, microchip, license, and rabies vaccination fees, $10.00 for additional days over 10. Dangerous/Aggressive Dogs Collars (including replacements) Leashes (including replacements) Signs (including replacements) SECTION 3. Section 6-17 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. 6-17. Local rabies control authority. (a) The animal care services manager is designated as the local rabies control authority to enforce the provisions of the Rabies Control Act of 1981 (V.T.C.A., Health and Safety Code § 826.001 et seq.). (b) The duties of the local rabies control authority shall include, but are not limited to the enforcement of: 10 (1) The provisions of the Rabies Control Act of 1981 , and the rules of the state board of health which comprises the minimum standards for rabies control; (2) The ordinances and/or rules of the City of Corpus Christi; and/or (3) The rules adopted by the state board of health under the area quarantine provisions of V.T.C.A., Health and Safety Code § 826.045 of said Act. (c) The animal care services manager may designate, in writing, an animal care services staff member to fulfill the duties and obligations of serving as the Local Rabies Control Authority due to unavailability or emergency. SECTION 4. Section 6-34 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. 6-34. Requirements of dangerous dog owners. (a) An owner of a dog determined to be dangerous, must comply with all of the following nine (9) requirements before the subject dog can be released to the owner by the department. The department must, however, release the dog to the owner if a state licensed veterinarian with a facility located within the city verifies, upon being contacted by a city veterinarian or department, that the owner has arranged for the required surgery of the dangerous dog to comply with this article, and if necessary, a city veterinarian has implanted the required registered microchip in the dog, has inspected the residence where the dog is to be kept, and is satisfied that the following requirements which could have already been complied with have been complied with by the owner: (1) The dog must be registered with the department and shall annually obtain a dangerous dog permit; (2) The dangerous dog shall at all times wear a collar approved by and purchased from the department visible at fifty (50) feet so that the dog can be identified as a dangerous dog. The department is authorized to charge the dog owner a fee to cover the cost of this collar; (3) The dangerous dog must be kept in a dangerous dog enclosure as defined this chapter; (4) The owner must present to the department a certificate of public liability insurance in the amount of one hundred thousand dollars ($100,000.00) to cover any injuries caused by the dangerous dog. The insurance shall be kept in effect 11 continuously and shall not be cancelled unless the dog is no longer kept by the insured owner; (5) The dangerous dog, when taken outside the enclosure, must be securely muzzled in a manner that will not cause injury to the dog nor interfere with its vision or respiration, but shall prevent it from biting any person or animal; and the dangerous dog must be restrained by a sturdy leash c;� 3 feet in length purchased from Animal Care Services. The department is authorized to charge the dog owner a fee to cover the cost of this leash; (6) The owner shall post a sign purchased from Animal Care Services on his premises warning that there is a dangerous dog on the property. This sign shall be visible and capable of being read from the public street or highway. In addition, the department shall design and produce a uniform dangerous dog symbol or decal, understandable by small children which shall be made available at cost to the public. Such symbol or decal must be displayed on or about the sign; (7) If the dog does not have a registered microchip, the owner shall authorize the department to implant a registered microchip beneath the skin of the dangerous dog for positive identification of the animal; (8) At the owner's expense, the dangerous dog must be spayed or neutered either by the department or, at the discretion of the department, by a veterinarian approved by the department prior to being released back to its owner; (9) The owner must allow an annual inspection of the residence where the dog is kept ensuring continued compliance with all requirements of this section. More frequent inspections may be conducted in response to specific complaints regarding non-compliance with this section. 12 (b) If the owner of a dog determined to be dangerous is unable or unwilling to comply with the ownership requirements listed above at any time, the dog must be euthanized by an animal shelter, animal care agency, licensed veterinarian or the department.(b) If the owner of a dog determined to be dangerous is unable or unwilling to comply with the ownership requirements listed above at any time, the dog must be euthanized by an animal shelter, animal care agency, licensed veterinarian or the department. SECTION 5. Section 6-39 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. 6-39. Aggressive dogs; levels defined. Classification of a dog as aggressive shall be based upon specific behaviors exhibited by the dog. For purposes of this chapter, behaviors establishing various levels of aggressive dogs are the following: (1) Level 1 behavior is established if a dog, while unrestrained, causes physical injury to any domestic animal or livestock. (2) Level 2 behavior is established if: a. A dog, while unrestrained, kills or causes the death of any domestic animal or livestock, or b. A dog classified as a level 1 aggressive dog that repeats the behavior in subsection (1) after the owner or keeper receives notice of the level 1 classification. (3) Notwithstanding subsections (1) and (2), the e animal care services manager shall have discretionary authority to refrain from classifying a dog as aggressive, even if the dog has engaged in the behaviors specified in subsections (1) and (2) if the director determines that the behavior was the result of the victim abusing or tormenting the dog or was directed towards a trespasser or other similar mitigating or extenuating circumstances SECTION 6. Section 6-40 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. 6-40. Investigation, seizure, confinement, and designation of aggressive dogs. (a) The department shall have authority to determine whether any dog has engaged in the behaviors specified in section 6-39. This determination may be based upon an investigation that includes observation of and testimony about the dog's 13 behavior, including the dog's upbringing and the owner's or keeper's control of the dog, and other relevant evidence as determined by the department. These observations and testimony can be provided by animal care officers or by other witnesses who personally observed the behavior. They shall sign an affidavit attesting to the observed behavior and agree to provide testimony regarding the dog's behavior if necessary. (b) After receiving a sworn affidavit of complaint and upon making a decision that seizure is a reasonable precaution to ensure the health and safety of people nearby, the department may order the immediate seizure and impound of the dog. An administrative search warrant shall be obtained from any municipal court magistrate to enter onto private property to search for a dog which is allegedly aggressive or has been previously determined to be aggressive, if permission to enter the subject premises is denied by a person in lawful possession. If the dog cannot be safely approached, a tranquilizer projector may be used by department personnel. The cost of securing said dog(s) shall be borne by the owner. If a dog is determined to be aggressive, it will remain in confinement as directed by the department. A dog that has been determined to be aggressive may not be released back to the owner until the owner is able to demonstrate his ability to comply with all the requirements for aggressive dogs as outlined in section 6-42. (c) The direrate animal care services manager shall have the discretion to increase or decrease a classified dog's restrictions based upon relevant circumstances. (d) The department shall give the dog's owner or keeper written notice of the dog's specified behavior, of the dog's classification as aggressive, and of the restrictions applicable to that dog by reason of its classification. (e) Upon receipt of notice of the dog's classification as a level 1 or 2 aggressive dog pursuant to subsection (c), the owner or keeper shall comply with the restrictions specified in the notice unless reversed on appeal. Upon final determination and after appeals are exhausted, the owner will have thirty (30) days to comply with the requirements or else the animal will be considered abandoned and may be disposed of per subsection 6-103(g). Failure to comply with the specified restrictions shall be a violation of this chapter for which a fine can be imposed. Additionally, the department shall have authority to impound the dog pending completion of all appeals. (f) If the department's decision finds that a dog has engaged in aggressive behavior, the dog may be impounded pending the completion of any appeals. (g) Any dog classified as a level 2, that is found to have repeated level 2 behavior as defined under this chapter, shall be impounded if not already impounded. The dog shall not be released to the owner or be made available for adoption until either potential recipient of the dog has established arrangements for 14 accommodating the animal consistent with all the security and safety requirements ordered by the department. SECTION 7. Section 6-42 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. 6-42. Regulation of aggressive dogs. In addition to the other requirements of this chapter, the owner or keeper of an aggressive dog shall comply with the following conditions: (1) Dogs classified as level 1 dogs shall confined within a secure enclosure whenever the dog is not on a leash. The secure enclosure must be located so as not to interfere with the public's legal access to the owner's or keeper's premises. In addition, the department may require the owner or keeper to obtain and maintain proof of public liability insurance in the amount of one hundred thousand dollars ($100,000.00). (2) Dogs classified as level 2 dogs shall be confined within a secure enclosure whenever the dog is not on a leash. The secure enclosure must be located so as not to interfere with the public's legal access to the owner's or keeper's premises, and the owner or keeper shall post warning signs, which are provided by the department, on the premises where the dog is kept, in conformance with rules to be adopted by the department. In addition, the direr-ter animal care services manager may require the owner or keeper to obtain and maintain proof of public liability insurance in the amount of one hundred thousand dollars ($100,000.00). The owner or keeper shall not permit the dog to be off the owner's or keeper's premises unless the dog is muzzled and restrained by an adequate leash 3 feet in length purchased fro i Animal Care Services and under the control of a capable person. (3) To ensure correct identification, all dogs that have been classified as aggressive shall be microchipped and photographed and may be fitted with a special tag or collar dete-Frni.ped- by the dGpaFtFHGRt a . approved by and purchased from the department visible at fifty (50) feet so that the dog can be identified as an aggressive dog. The department is authorized to charge the dog owner a fee to cover the cost of this collar. (4) The animal must have a registered microchip and obtain an annual aggressive dog permit from the department. (5) The owner or keeper of a level 2 aggressive dog shall not permit the warning sign to be removed from the secure enclosure. The owner or keeper of any aggressive dog shall not permit the special tag or collar to be removed from the dog. The owner or keeper of an aggressive dog shall not permit the dog to be 15 moved to a new address or change owners or keepers without providing the d+re6tAr animal care services manager with ten (10) days' prior written notification. (6) At the owner's expense, the aggressive dog must be spayed or neutered by a veterinarian approved by the department prior to being released back to its owner. SECTION 8. Section 6-57 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. 6-57. Pet shop requirements and prohibitions. (a) No person shall operate a pet shop within the city without first obtaining a permit from the department. (b) All animals shall be able to stand, stretch, and turn without touching any of the four (4) sides or top of their primary enclosure. (c) Animal enclosures shall be cleaned of debris and fecal matter at least once every twenty-four (24) hours. Sanitizing of dog and cat enclosures shall be done once every day by washing the surfaces with proper disinfectants that are not harmful to the animal's health. (d) All pet shops and stores selling any and all species of animals shall: (1) Provide appropriate medical services, care, and housing according to individual species' needs. (2) Keep accurate records of breed, description, approximate age and sex of animal sold if applicable. (3) Medications and immunizations administered if applicable. (4) A guarantee of good health for a period of not less than two (2) weeks with recommendation to have the animal examined by a licensed veterinarian if applicable. The permit holder shall retain a copy of the written statement for twelve (12) months from date of sale. (e) Records shall be maintained and surrendered to the department upon request and without reservation or purpose of evasion. Failure to produce such records upon demand by the department shall be cause for the revocation of an existing permit and the refusal to issue a new permit for a period of two (2) years. (f) It shall be a violation of this chapter for a pet shop to sell or offer for sale a dog or cat. (g) A pet shop may provide space for the display of dogs or cats available for adoption only if such animals are displayed and made available for adoption through Corpus Christi Animal Care Services, or an animal rescue organization that has a current and approved memorandum of understanding with Corpus Christi Animal Care Services, and provided that: 16 (1) No part of any fees associated with the display or adoption of the animals, including but not limited to adoption fees or fees for the provision of space, shall be paid to the host pet shop or to any entity affiliated with or under common ownership with the host pet shop; and (2) The host pet shop shall not have any ownership interest in any of the animals displayed for adoption. SECTION 9. Section 6-59 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. 6-59. Intact Pet Permit. (a) Offenses. (1) A person commits an offense if the person owns, keeps, harbors or has custody of any dog or cat over six months of age that is intact unless such dog or cat is subject to a valid intact pet permit issued in accordance with this section. (2) A person commits an offense if the person advertises for sale within the city an intact dog or cat over six months of age and fails to include in such advertisement the identification number of the dog or cat's city-issued intact pet permit. (3) A person commits an offense if the person adopts out or transfers for a fee, an intact dog or cat. (b) Application. (1) An application for an intact pet permit must be made on the form prescribed by the program manager and shall include the following information: a. The name, telephone number and physical address of the applicant; b. The description of the animal sought to be included under the permit and the species, breed, gender and age of the animal; c. A statement from a licensed veterinarian that the animal is current on all veterinary recommendations, including examinations, vaccinations, preventative medicine, and treatments; and d. A statement affirming that the applicant is familiar with the provisions of this chapter and agrees to maintain all animals in accordance with applicable legal requirements. 17 (2) a. An application must be accompanied by payment of an application fee in the amount adopted by the city council; or b. This application fee shall be in addition to all other applicable permits and registration fees required under this chapter. An application fee is not refundable. (4) The animal care services manager may require additional information and documentation as deemed necessary to determine whether a permit should be issued. (c) Consideration of application. (1) An application for permit may be denied if the applicant: a. Fails or refuses to submit a complete application; b. Fails or refuses to submit any information or supporting documentation required under this section or pursuant to a request of the animal care and control authority; c. Fails or refuses to submit the fee or documentation required under subsection (b)(2) above; d. Provides false information on or in connection with the application; e. Has, within the preceding 24 months, been convicted of, received deferred adjudication or pleaded guilty or no contest to one or more violations of this chapter, of any state law relating to the care and humane treatment of animals, or both; f. Has, within the preceding 24 months failed to appear in court to respond to a citation relating to an alleged violation of any provision of this chapter or of any state law relating to the care and humane treatment of animals; g. Has, within the preceding 60 months, been convicted of, received deferred adjudication or pleaded guilty or no contest to one or more violations of any provision of this chapter or of any state law relating to animal cruelty; h. Has previously had a permit revoked pursuant to subsection (e) below; or 18 i. Resides at the same physical address as another individual whose permit has been revoked pursuant to subsection (e) below. (2) Notwithstanding subsection (c)(1) above, an application for permit may also be denied if specific circumstances exist indicating that the issuance of the permit would not be in the best interest of the animals involved or of the health and safety of the public. If a permit is denied pursuant to this subsection (c), the animal care services manager shall issue a written statement citing the specific reason or reasons for the denial. (3) If an application for permit is denied, the applicant may appeal to the program manager. Such appeal must be made in writing and received within 14 days of the date the application was originally refected. The decision of the program manager may be appealed to the Department Director. Such appeal must be made within 7 days of the program managers decision. The decision of the Department Director shall be final and non-appealable. (d) Issuance and maintenance of permit. (1) A permit is issued for an individual animal to an individual person. A permit is not transferable to another animal or to another person. (2) A permit is valid for 1 year unless and until it is revoked. (3) To maintain an intact pet permit, the permit holder must keep animal care services apprised of current contact information for holder and identifying and registration information for each animal subject to an intact pet permit. In particular, a permit holder must notify animal care services of any change of address or telephone number no later 90 days after the new address or phone number is effective. In addition, within 90 days of obtaining an intact animal not subject to an intact pet permit, the permit holder must provide the animal care services with the species, breed, gender, and age of such animal. (e) Revocation of permit. (1) The animal care and control authority may revoke a permit if the owner of the animal issued an intact pet permit: a. Is convicted, receives deferred adjudication or pleads guilty or no contest with respect to one or more violations of this chapter, of any state law relating to the care and humane treatment of animals, or both; b. Fails to appear in court to respond to a citation relating to an alleged violation of any provision of this chapter or of any state law relating to the care and humane treatment of animals; 19 c. Is convicted, receives deferred adjudication or pleads guilty or no contest with respect to any violation of any provision of this chapter or of any state law relating to animal cruelty; d. Is discovered to have provided false or inaccurate information on or in connection with an application for an intact pet permit; e. Fails to vaccinate any animal in accordance with the requirements of state law or this chapter; f. Fails to comply with the requirements of subsection (d)(3) above; or g. Fails to provide a current statement described in (b)(1)c. above within 30 days of when requested by the animal care and control authority. h. Fails to keep an owned intact animal under restraint. (2) a. If a permit is revoked by animal care services, the applicant may appeal to the program manager. Such appeal must be made in writing and received within 14 days of the date the application was originally revoked. b. The program manager may: 1 . Reinstate the permit pursuant to its original terms; 2. Reinstate the permit subject to the holder meeting additional specified conditions; or 3. Affirm the revocation of the permit. C. The decision of the program manager may be appealed to the department director. Such appeal must be made in writing and received within 7 days of the program manager's decision. The department director's decision shall be final and non-appealable. The department director may take any of the actions allowed by the program manager in this section. d. Revocation of a permit will not result in the refund of any permit or application fee. (f) Affirmative Defenses. (1) It is an affirmative defense to a prosecution under subsection (a)(1) above if an owner produces a signed, written opinion from a licensed veterinarian that the animal in question should not be spayed or neutered due to health concerns. 20 (2) It is an affirmative defense to prosecution under subsection (a)(1) above that the person who owned the animal was not a permanent resident of the city and was keeping the animal within the city for less than 60 days. (3) It is an affirmative defense to prosecution under subsection (a)(3) above that an adoption was made by Animal Care Service or under a current Memorandum of Understanding with Animal Care Services. SECTION 10. Section 6-103 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. 6-103. Impoundment. (a) Grounds for impoundment. Animals may be impounded by the animal care services division in any of the following circumstances: (1) Any animal not kept under restraint as required by this chapter. (2) Any dog or cat for which a valid city registration has not been issued. (3) Any animal that constitutes a public nuisance. (4) Any animal that has rabies or exhibits symptoms of rabies, or that a person could reasonably suspect as having rabies. (5) Any animal that bites, scratches, or otherwise attacks another animal or person within the city. (6) Any animal not kept by the owner or permit holder inconformity with this chapter, regulations promulgated by the animal care services manager, disposition made in accordance with article IV of this chapter, or state law. (7) Any animal upon the written request of the animal's owner and to which the animal care services manager or the animal care services manager's designee agrees that the animal be humanely euthanized for the protection of the public's health, safety and welfare. (8) Any dog that is the subject of a cause of action filed pursuant to V.T.C.A., Health and Safety Code ch. 822, as it may be amended, must be impounded until further order of a court of proper jurisdiction. (b) Length of impoundment. Except for dogs impounded as subjects or probable subjects of a proceeding pursuant to V.T.C.A., Health and Safety Code ch. 822, for observation of rabies under section 6-127, or other administrative procedures, impounded animals not claimed must be kept for not less than three (3)working days from date of impoundment. In calculating the length of this time period, the first working day after impoundment is considered day one. In cases deemed necessary by the Animal Care Services Manager and/or the Animal Care Services On-Site Veterinarian, or the Animal Care Services Supervisor, an impounded animal without microchip or registration may be immediately transferred to the care of an Animal 21 Rescue Organization when space, adequate medical care, or other resources are unavailable. (c) Notification of owner. If, by registration or other means, the owner of an impounded animal can be identified, the animal care services division shall, as soon as practicable after impoundment, notify the owner in person or by telephone, if reasonably possible, advising that, if the impounded animal is not redeemed within five (5) working days, disposition will be made in accordance with this chapter. (d) Redemption. Impounded animals, excluding those impounded as prohibited animals, or an animal held for observation of rabies under section 6-127 or other administrative procedures, are subject to redemption, at the discretion of the animal care services manager. Impounded animals may be redeemed by anyone entitled to possession of the animals, at the discretion of the animal care services manager while the animals are in the city animal shelter after paying the appropriate fees as follows.. (1) Impoundment fees. Impoundment fees are established in the fee schedule pursuant to section 6-15 of this chapter. A waiver or partial waiver of an impoundment fee may be granted by the animal care services manager in cases involving exigent circumstances as determined by the animal care services manager. (2) Boarding charge. A boarding charge established in the fee schedule pursuant to section 6-15 of this chapter is not to exceed the reasonable cost of boarding, feeding and caring for the animal for the period of impoundment. Boarding charges apply to redemption of impounded animals and are not applicable to adoption of animals. (3) Rabies vaccination charge. All charges for rabies vaccination if required. (4) Registration charge. City registration charge, if applicable. (e) Redemption—Special circumstances. (1) In case any animal that is impounded is sought to be redeemed and is suffering from any disease or ailment, it may not be released until the animal care services manager is satisfied that arrangements looking to its proper treatment are assured. (2) Animals impounded for rabies observation are subject to redemption if the animal has satisfied the required length of observation and is determined to be free from rabies as verified by the animal care services manager or designee. (f) Mandatory spay/neuter of dogs following impoundment. (1) The owner or keeper shall keep the animal restrained at all times (except cats as described by section 6-102) and ensure that the animal is not at large. Dogs found to be at large shall be subject to mandatory sterilization at the owner's expense within thirty (30) days of notification of the violation. (2) Exemption made by animal care services manager. The animal care services manager is authorized to exempt an owner from the requirements of this section 22 if the owner proves to the satisfaction of the animal care services manager that the animal: a. Was a member of a national breed club, local breed club, local all-breed club, sporting or hunting club, or was regularly shown during the six-month period immediately preceding impoundment, b. Was at large due to a natural disaster, c. Was at large due to the criminal or negligent acts of a third party, or d. Displays no characteristics indicating aggressiveness and has a potential market value as a breeding animal. The denial of a requested exemption pursuant to this subsection (f)(2) by the animal care services manager may be appealed by the owner of the animal by giving signed, written notice of such appeal and the grounds therefor to the neighborhood services director within ten (10) calendar days after issuance of the denial. The determination by the neighborhood services director of said appeal shall be final. (3) Certification of spay/neuter procedure. The owner is required by this section to spay or neuter their animal shall submit certification signed by a licensed veterinarian that the procedure was performed no later than the fortieth day following the notification of violation to animal care services. (4) Offenses. A person commits an offense if the person is required by this section to spay or neuter their animal and fails to provide certification to animal care services of the procedure. (5) Affirmative defense. In a prosecution for a violation of subsection (f)(4), it is an affirmative defense that at the time of the animal's impoundment: a. The owner of the dog was a member of a national breed club, local breed club, local all-breed club, sporting or hunting club, or was regularly shown during the six-month period immediately preceding impoundment. b. The animal was at large due to a vis major. c. The animal was at large at the time of its impoundment due to the criminal or negligent acts of a third party who was not residing at the dog owner's residence. At trial, evidence of a fire or the criminal or negligent acts of a third party may be presented in one (1) or more of the following manners: 1 . A certified copy of a police or fire report verifying the incident; 2. The affidavit of police or fire personnel with direct knowledge of the incident; or 3. The testimony of police or fire personnel with direct knowledge of the incident. (6) Nothing in this subsection maybe construed so as to permit a spayed or neutered dog to run at large. (g) Disposition of animals. 23 (1) Immediately upon impoundment, the city is the designated caretaker of impounded animals. Except as provided in subsections (c) and (j) of this section, and certain livestock as provided for in this paragraph, impounded animals not redeemed by their owner within three (3) working days following impoundment become the property of the city and may be placed for adoption in a suitable home or with any nonprofit association organized for the protection and welfare of animals, sold under section 17-6 of the Code of Ordinances, or humanely euthanized. Prior to the disposition of any livestock excluding goats and sheep, notice must be posted for a ten-day period at the county courthouse, City Hall, and the city animal shelter upon the expiration of three (3) working days from the date of impoundment of the livestock. Upon the expiration of the ten-day notice period, the city may dispose of the livestock in the same manner as other unclaimed animals. (2) The expiration of the three (3) working days period upon impoundment and the notice of and expiration of the ten-day period with respect to livestock does not apply to the disposition of any animal placed in impoundment by the written consent of the animal's owner and the acceptance of the animal by the animal care services manager. Any animal received by the consent of its owner may be disposed of immediately upon its impoundment in the same manner as unclaimed animals. (3) In the case of a dog impounded under authority of V.T.C.A., Health and Safety Code ch. 822, as it may be amended, or other state law, the dog may be redeemed upon the court's finding and rendering a judgment that the dog did not engage in dangerous conduct and upon the conclusion of any proceeding provided for in this chapter; or upon the court's finding that the dog did engage in dangerous conduct, that the claimant of the dog shows proof of having fully complied with all insurance and restraint requirements provided by state law, and meets all requirements of this chapter that pertain to the keeping of a dangerous dog. (4) Due to their immature immune system, any impounded animal under four (4) months of age shall immediately become the property of the city, for humane disposition, and may be offered for adoption, rescue, foster care or humanely euthanized at the discretion of the animal care service manager, veterinarian, or their designee. (h) Adoption of unclaimed animal. A person may adopt an unclaimed animal after the expiration of the redemption period and after paying any applicable rabies vaccination fees, registration fees, spay/neuter fees, and adoption fees established in the fee schedule pursuant to section 6-15 of this chapter. A person adopting an unclaimed animal must sign an agreement to have the animal sterilized within thirty (30) days of adoption, in compliance with V.T.C.A., Health and Safety Code ch. 828, if the animal is unsterilized at the time of adoption. All adoptions and approval of applications for adoption are at the discretion of the animal care services manager. 24 (i) Compliance required for release. No impounded dog or cat may be released until the person to whom the dog or cat is to be released agrees and meets all regulations promulgated by the animal care services manager. (j) Euthanasia. The animal care services manager, a licensed veterinarian, or the animal care services manager's designee may direct the immediate euthanization of any animal determined to be seriously injured or diseased under the rules, guidelines, or procedures established by the animal care services manager. Impounded animals not redeemed or adopted as provided for in this section must be humanely euthanized at the city animal shelter under the direction a person trained and certified in human euthanasia as outlined in the Texas Health and Safety Code. The carcasses must be disposed of as directed by the animal care services manager. (k) Records. The animal care services manager shall cause to be maintained a record describing each identifiable animal impounded within the preceding two (2) years. In the case of registered dogs and cats, the registration number and the name of the person to whom it was issued must be noted. In the case of each identifiable animal, it must be noted how the impounded animal was disposed of, giving the names and addresses of persons to whom the animal was delivered, and the fees and charges received from the persons. (1) Citation. In addition to, or in lieu of, impounding an animal under this section, an animal care services officer or any police officer may issue to the owner of the animal a citation for a violation of this chapter. SECTION 11. Section 6-126 of the Corpus Christi City Code is hereby amended by adding language that is underlined (added) and deleting the language that is stricken (defep) to the existing text as set forth below: Sec. 6-126. Rabies impoundment and quarantine. (a) Any veterinarian or person having knowledge of an animal having bitten, scratched or injured a person, within the city shall report the incident to animal care services who is also the local rabies control authority immediately. (b) Any veterinarian or other person having knowledge of an animal diagnosed as having any reportable zoonotic disease shall report same to the animal care services manager within five (5) days. (c) The owner of such diseased or biting or scratching animal who learns of such incident shall immediately give his name and address together with the animal's registered microchip information and date of last rabies vaccination to the person bitten or injured or to a parent or guardian of such person who is under the age of eighteen (18) years. The owner or keeper shall notify the department within twenty- four (24) hours of his name; the animal's registered microchip information; the name of the injured person; and other information requested by the department related to the animal and injured party. 25 The owner or keeper of the diseased or biting or scratching animal shall contact animal care services within twenty-four (24) hours upon receipt or notification from animal care services, The animal care services manager or any appointed animal care officer shall seize and impound any animal for rabies observation upon the sworn affidavit of any person with knowledge that the animal has bitten or scratched a person. A search and seizure warrant shall be obtained from any municipal court judge or other magistrate to enter onto private property to search for the biting or scratching animal if permission to enter is not given. (1) The owner or keeper of any animal within the city which has bitten or scratched a person so as to have caused a break of the skin shall, on demand of the animal care services manager or any animal care officer, immediately surrender such animal to the animal care services facility, or other approved rabies quarantine facility for observation for a period lasting not more than ten (10) days after the date of the incident, subject to the provisions of subsection (b). (2) The owner of any animal that has bitten or scratched any person shall be allowed to assume personal responsibility for confining the animal for the observation period of ten (10) days, only under the following circumstances: a. Secure facilities must be available at the home of the animal's owner, and must be approved by the animal care services manager; b. The animal was currently vaccinated against rabies when the exposure incident occurred; c. The animal was not in violation of any laws or ordinances at the time of the bite; and d. The animal care services manager, city veterinarian or a licensed veterinarian must observe the animal at least on the first and last days of the quarantine period. If the animal becomes ill during the observation period, the animal care services manager must be notified by the person having possession of the animal. At the end of the observation period conducted away from ACS, the release from quarantine must be accomplished in writing by the veterinarian who will attest to the health of the animal. If the animal is quarantined at ACS, the city veterinarian, local rabies control authority or designee may issue the release in writing, attesting to the health of the animal. (3) If an animal is believed to have rabies or has been bitten by an animal suspected of having rabies, such animal shall be quarantined for observation by a veterinarian for the appropriate period as required by state law. (4) Violation of the observation confinement of the biting animal as provided in subsection (b) shall be just cause for seizure and confinement of the animal in the animal care services facility of the city. (5) All wild animals involved in exposure incidents including biting, scratching or any other direct exposure by physical contact will be humanely euthanized in such a manner that the brain is not mutilated. The brain shall be submitted to a 26 Texas Department of State Health Services certified laboratory for rabies diagnosis. (d) Investigation of cases. The animal care services manager or designee shall investigate and record all cases of rabies and suspected rabies. (e) Disposition of bodies of quarantined animals. The body of any animal that has died of rabies or that dies or is destroyed while in quarantine may not be disposed of except as directed by the animal care services manager. (f) Payment of costs. The owner of an animal quarantined under this section shall pay to the animal care services division the reasonable costs of the quarantine and disposition of the animal, including charges for preparation, processing, and shipment of the animal's head or brain, if required, to the nearest Texas Department of State Health Services Laboratory for testing. The fee for preparation, processing, and shipment, by the animal care services division, of the animal's head or brain is established in the fee schedule pursuant to section 6-15 of this chapter. SECTION 12. 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 13. Penalties are as provided in Section 1-6 of the Corpus Christi Code. SECTION 14. 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 15. This ordinance shall go into effect immediately upon publication. 27 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor 28 _iii M CORPUS CHRISTI NEIGHBORHOOD SERVICES Update to City of Corpus Christi Code of Ordinance Chapter 6 — Animal Care and Control City Council February 28, 2023 Proposed revision and additions Approved by ACS Advisory Board on 11-02-2022 \ / aU5 Cx215iI • Incorporate Intact Permit—Address over population by requiring spay and neuter unless intact permit is acquired by owner • Pet Shop Prohibitions —Address puppy mills roadside seller and backyard breeders to promote adoption over buying • Update to Local Rabies Control Authority—Clarify language per state law • Length of Stay Updated —Allow ACS to disposition animal considered to be unowned, sick or injured • Update to Aggressive and Dangerous Dog Section — Changes to owner requirements. • Update Fee Schedule — In accordance with proposed changes Intact Animal Permit A11.0 ?-Y- CORPUS CXR]STI Current Proposed • If an animal is found free of restraint ACS can issued a Mandatory 6-59 Intact Permit; Spay and Neuter order mandating owner sterilize animal within (a)Offenses. 30 days. — (1) A person commits an offense if the person owns, keeps, harbors or has custody of any dog or cat over six months of • Citation issued for failure to comply with order. age that is intact unless such dog or cat is subject to a valid intact pet permit issued in accordance with this section. • Current process still allows for intact animals to roam freely in our — (2)A person commits an offense if the person owns, harbors community due to owner negligence or has custody of an intact dog or cat at the residence or business property of an individual who has had an intact pet permit revoked under subsection (e) below, regardless of • Intact males and females are the most active animals to roam off whether another person at the same property owns a dog or their property. cat subject to a valid permit. — (3)A person commits an offense if the person advertises for sale within the city an unaltered dog or cat over six months of age and fails to include in such advertisement the identification number of the dog or cat's city-issued intact pet permit. 3 \ Intact Animal Permit Continued \-ice WRPIl6 CXR]STI All- Proposed • (b)Application L Revocation of Permit — (1) An application for an intact pet permit must be made on the form prescribed by the program manager. 1. Has violations of this chapter or any state law relating to animal care and treatment. — Payment of application fee. • Consideration(reason to deny) 2. Fails to vaccinate any animals. 1. Fails or refuses to submit complete application. 3. Allows intact animals to roam free of restraint. 2. Fails or refuses to provide supporting documentation 3. Fails or refuses to pay fee. • Revocation can be appealed to Program Manager and then 4. Within 24 months has had violations of this Chapter or any state law for Director. animal care. 5. Resides at the same physical address as another individual whose ' Defense permit has been revoked. 1. owner produces a signed, written opinion from a licensed veterinarian 6. If denied an appeal to Program Manager can be made with additional to that the animal in question should not be spayed or neutered due to Director. health concerns. 2. Owner was not permanent resident and is keeping the animal within the city less than 60 days. Pet Shop and Selling Prohibitions CORRUS CMR]STI Current Proposed • Pet shops with proper permit: Allowed It shall be a violation of this chapter for a to sell dogs, cats, puppies and kittens pet shop to sell or offer for sale a canine or feline. • Pet Shops may provide a space for dogs and cats available for adoption only if they are from CCACS,or Rescue if there is a current and approved memorandum of understanding with CCACS. Dangerous and Aggressive Dog Updates CORRUS CMR]STI Current Proposed • Dangerous and Aggressive dog shall • Collar must be purchased at owner wear collar approved by expense from department. department. • Dangerous or Aggressive dog must • Dangerous and Aggressive dog must be restrained by sturdy leash of 3 be restrained by sturdy leash 6 feet feet in length and purchased from in length. Animal Care Services. • Owner shall post a sign(s) on their • Sign(s) shall be purchased from property warning of Dangerous or Animal Care Services. Aggressive dog. LRCA and Length of Impoundment Update CORPUS CMR]STI Current Proposed • Program Manager is designated as the Local Will allow Veterinarian and or Supervisor to be Rabies Control Authority (LRCA) designated as LRCA (in writing) when Program Manager is unavailable — To ensure timely release of quarantined animals primarily • ACS must hold animals without owner In cases deemed necessary by the Animal Care information 3 days. Services Manager and/or the Animal Care ACS is authorized to euthanize animals determined Services On-Site Veterinarian, or the Animal Care to be seriously injured or diseased regardless of Services Supervisor, an Impounded animal length or stay requirements without microchip or registration may be immediately transferred to the care of an Animal Rescue Organization when space, adequate medical care, or other resources are unavailable. Fee Update and Time for Citizens to comply Lf CORRUS CMR]STI • Dangerous/Aggressive Dogs 0 Updated fees will be effective beginning of — Collars (including October 1st 2023. replacements) - $10 0 This will allow education and time for — Leashes (including residents to purchase permits or get their replacement) - $15 animal sterilized. — Signs (including replacements) - $20 • Intact Permit (yearly purchase and renewal) - $100 Modified definitions to support ordinance changes Al ____ CORPUS CXR]STI • Animal Rescue - means a non-profit Intact Animal—means an unaltered or unsterilized animal organization incorporated under the law of any state and exempt from federal taxation under Sell — means to exchange for consideration, adopt out, Section 501(c)(3) of the federal Internal Revenue barter,auction,trade,lease,or otherwise transfer Code, as amended, and whose principal purpose is the prevention of cruelty to animals and whose principal activity is to rescue sick, injured, Prohibited Animals—family Pythonidae (pythons). Moved abused, neglected, unwanted, abandoned, out from scientific named"Boidoe" orphaned, lost, or displaced animals and to adopt them to good homes. "Animal rescue organization" shall not include any entity that breeds animals or that(1)is located on the same premises as; (2) has any personnel in common with;(3)obtains,in exchange for payment or any other form of compensation, dogs or cats from; or(4)facilitates the sale of dogs or cats obtained from a person that breeds animals. u AWA CORPUS CHRISTI NEIGHBORHOOD SERVICES Questions? City Council February 28, 2023 so �o p A v WoRPORP�g4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of February 28, 2023 DATE: February 6, 2023 TO: Peter Zanoni, City Manager FROM: Wendy Herman, Sr. Intergovernmental Relations Coordinator Wendyh 1 @cctexas.com 361-826-3179 Elsy Borgstedte, Assistant Director of Aviation elsyb@cctexas.com 361-826-3682 Resolution to support legislation to grant access to state financing incentives to expand or improve the American Bank Center and surrounding property. CAPTION: Resolution to support legislation to grant access to state financing incentives to expand or improve the American Bank Center and surrounding property. SUMMARY: The City of Corpus Christi adopted on December 6, 2022 the Legislative Agenda for the 88th Texas Legislature. The City Council adopts a legislative agenda each biennium prior to new state legislative session convening. The resolution identified policies and appropriation priorities for the City Council. This resolution is to support and prioritize additional state financing incentives to expand or improve the American Bank Center and surrounding property, protect existing authority to use Hotel Occupancy Tax revenues to construct a convention center hotel, and oppose any restrictions, limitations, or changes which would alter the existing authority. Similar projects in Texas have implemented the use of state tax funds to modernize a convention center. The city of Dallas and Fort Worth have created legislation to establish a Project Finance Zone for redirection of incremental hotel associated revenue from the State sales tax, mix beverage tax, and state hotel occupancy tax. No changes to the existing state tax rate from this Resolution. Support of this Legislation would allow a cumulative estimate of$64 million to be redirected to the City of Corpus Christi for qualified projects at the American Bank Center and the surrounding city owned property. "Project financing zone" means an area within a municipality: (A) that the municipality by ordinance or by Chapter 380 agreement designates as a project financing zone; (B) the boundaries of which are within a three-mile radius of the center of a qualified project; (C) the designation of which expires not later than the 30th anniversary of the date of designation. The project is located in the Sports, Entertainment, and Arts(SEA) District that includes a potential expansion and renovation of the American Bank Center (ABC), added parking structures, development of an attached 600-room convention headquarters hotel, and development of a mixed-use entertainment district with retail, restaurants, residential, office, public plaza, and hotels on city-owned property around the ABC. This resolution will aid our state representatives in pursuing or amend any and existing laws or codes that could be a source of financing for this project under the tax code. Additional financing incentives will allow the City of Corpus Christi with a Plan of Finance for projects in the American Bank Center and surrounding city owned properties. BACKGROUND AND FINDINGS: On April 22, 2022, the City of Corpus Christi hired Hunden Strategic Partners, Inc. (HSP) to provide professional consulting services to evaluate the existing and future Corpus Christi market for possible renovation and/or expansion of the City's convention center and the development of a new headquarter hotel. On June 2, 2022, the contract scope of work was amended to include a market, financial feasibility study, and economic/fiscal impact analysis for the potential development of City-owned parcels surrounding the ABC. HSP has gathering relevant data and analysis for the study. HSP and city staff have engaged stakeholders on multiple occasions throughout the process for dialogue and input. The stakeholders for this project have included local hoteliers, Texas Hotel and Lodging Association, Visit Corpus Christi, convention center meeting planners, and the Buccaneer Commission, to name a few. On January 24, 2023, Hunden Strategic Partners with Convergence Design and City staff presented to City Council the results of the feasibility study for options on potential Convention Center Hotel, Mixed-Use Entertainment District, and a needs assessment for Renovation- Expansion of the American Bank Center. According to the study, the ABC is the most visited attraction in Corpus Christi. The report concluded that the Corpus Christi market can sustain the expansion and improvements of the Convention Center, a connected hotel to advance the efforts to the convention center bookings and tourism and creating an entertainment district adjacent to the ABC with restaurants, bars, residential, and retail. Council instructed staff to move forward with a resolution for this Legislation Session. ALTERNATIVES: The Council can choose to 1. Adopt the resolution and support additional financial tools. 2. Not adopt the resolution. 3. Make revisions to the resolution. FISCAL IMPACT: There is no financial impact to the city at this time. Funding Detail: N/A Fund: Organization/Activity: Mission Element: Project # (CIP Only): Acco u nt: RECOMMENDATION: Staff recommends adoption of this resolution for the City of Corpus Christi in the legislative session. LIST OF SUPPORTING DOCUMENTS: Resolution Presentation Resolution to support legislation to grant access to state financing incentives to expand or improve the American Bank Center and surrounding property. WHEREAS, the American Bank Center was the most visited attraction in the Corpus Christi area in 2019; WHEREAS, there is substantial demand for additional expanded Convention Center, connected/walkable hotel rooms, and more restaurants, bars & retail within the vicinity of the ABC; WHEREAS, financing incentives will allow the City of Corpus Christi to improve cultural and entertainment venues within its city limits NOW THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: That the City of Corpus Christi seeks the introduction and passage of legislation to authorize the City to create a "project financing zone" under Chapter 351, Tax Code and qualify the City for certain state tax rebates designed to enhance the public private partnership necessary to improve and enlarge the American Bank Center and construct a nearby convention center hotel and related infrastructure and amenities. Page 1 of 2 PASSED AND APPROVED on the day of , 2023: Paulette Guajardo Roland Barrera Sylvia Campos Gil Hernandez Michael Hunter Jim Klein Mike Pusley Everett Roy Dan Suckley ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 2 of 2