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HomeMy WebLinkAboutAgenda Packet City Council - 03/07/2023 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, March 7,2023 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 Deacon Michael Mantz, Diocese of Corpus Christi. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Sharol Zambrano, Senior at Harold T. Branch Academy. 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. 23-0447 Introduction of new Corpus Christi Museum of Science and History President and CEO, Karen Stevenson 2. 23-0448 Fire Chief Recruitment Update 3. 23-0449 Overview of 2023 Spring Break Operations City of Corpus Christi Page 1 Printed on 3/6/2023 City Council Meeting Agenda-Final-revised March 7,2023 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. BRIEFINGS: (ITEMS 4 - 5) 4. 23-0397 Briefing from the Texas Department of Transportation and Flatiron Dragados on the Harbor Bridge Project sponsors: Public Works/Street Department 5. 23-0004 Briefing to City Council on the Museum of Science and History. sponsors: City Manager's Office H. BOARD &COMMITTEE APPOINTMENTS: 6. 23-0399 Corpus Christi Convention & Visitors Bureau (3 vacancies) I. EXPLANATION OF COUNCIL ACTION: J. CONSENT AGENDA: (ITEMS 7 - 12) 7. 23-0401 Approval of the February 28, 2023 Regular Meeting Minutes. sponsors: City Secretary's Office Consent-Second Reading Ordinances 8. 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 9. 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, City of Corpus Christi Page 2 Printed on 3/6/2023 City Council Meeting Agenda-Final-revised March 7,2023 $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 10. 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 11. 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. sponsors: Neighborhood Services Consent-First Reading Ordinances 12. 23-0330 Ordinance authorizing execution of all documents necessary to accept $199,432 in additional grant funding for the Women, Infants and Children Nutrition Program (WIC) from the Texas Health and Human Services Commission for FY 2022-2023; and appropriating $199,432 in the Health Grant Fund. sponsors: Health Department K. RECESS FOR LUNCH L. PUBLIC HEARINGS: (ITEMS 13 - 15) 13. 23-0334 Ordinance annexing approximately 141.66 acres of land, at or near the northwest end of London Pirate Road (formerly CR 33) and south of Oso Creek, into the territorial limits of the City of Corpus Christi per owner petition. sponsors: Planning Department 14. 23-0320 Case No. 1121-02, V2 Ventures, LLC: (District 3): Ordinance rezoning property at or near 2601 London Pirate Road (County Road 33), located at the northern end of London Pirate Road (County Road 33) and north of City of Corpus Christi Page 3 Printed on 3/6/2023 City Council Meeting Agenda-Final-revised March 7,2023 Farm to Market 43, from the "FR" Farm Rural District to the "RS-6" Single-Family 6 District. (Planning Commission and Staff recommend approval). sponsors: Development Services 15. 23-0319 Case No. 0123-03 Margo Moore Nonexempt Protection Trust: Ordinance rezoning property at or near 7901 South Padre Island Drive from the "RS-4.5" Single-Family 4.5 and the "RS-6" Single-Family 6 District to the "RM-1" Multifamily District. Planning Commission and Staff recommend approval.) sponsors: Development Services M. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 16 - 19) 16. 23-0443 Resolution adopting the City of Corpus Christi's Legislative Agenda for Federal Legislative Priorities for the 118th U.S. Congress. sponsors: Communications&Intergovernmental Affairs 17. 23-0284 Motion awarding a construction contract to Clark Pipeline Services, LLC, Corpus Christi, Texas, for Citywide Water Line Repair/Replace-Large Diameter Indefinite Delivery Indefinite Quantity (IDIQ) project in an amount of$5,000,000.00, located Citywide, with FY 2023 funding available from the Water Capital Fund. Sponsors: Engineering Services, Corpus Christi Water and Contracts and Procurement 18. 23-0366 Ordinance appropriating $75,492.28 in American Rescue Plan Act (ARPA) Retention Grant funds from Nueces County per the Amended Cooperative Agreement for City-Operated Corpus Christi-Nueces County Public Health District. sponsors: Health Department 19. 23-0369 Resolution adopting a Master Plan for Sherrill Veterans Memorial Park consistent with the Veteran Stakeholder Group and the Parks and Recreation Advisory Committee. sponsors: Parks and Recreation Department N. EXECUTIVE SESSION: (ITEM 20) 20. 23-0414 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the reservation and potential purchase of groundwater. O. ADJOURNMENT City of Corpus Christi Page 4 Printed on 3/6/2023 Se G� O'1 +-� H V oRPORPg4 AGENDA MEMORANDUM 1852 City Council Meeting of March 7, 2023 DATE: March 7, 2023 TO: Peter Zanoni, City Manager FROM: Ernesto De La Garza, P.E., Director of Public Works Ernesto D2(a-)-cctexas.com (361) 826-1677 Briefing from Flatiron/Dragados on the Harbor Bridge Replacement Project STAFF PRESENTER(S): Name Title/Position Department 1. Ernesto De La Garza Director Public Works OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Valente Olivarez, Jr. District Engineer TXDOT 2. Lynn Allison Public Information Coordinator Flatiron/Dragados 3. Christin Duskin Bolster Maintenance of Traffic Flatiron/Dragados 4. Nick Manfredini Project Engineer Flatiron/Dragados BACKGROUND: Flatiron Dragados, LLC in partnership with the Texas Department of Transportation, will brief City Council on the Harbor Bridge Replacement Project. LIST OF SUPPORTING DOCUMENTS: PowerPoint— Harbor Bridge Replacement Project so �o o� A v µoRPORPg4 AGENDA MEMORANDUM 1852 City Council Meeting of March 7, 2023 DATE: March 7, 2023 TO: Peter Zanoni, City Manager FROM: Neiman Young., PhD, Assistant City Manager Neimany@cctexas.com (361) 826 - 3898 Museum of Science and History Operational Briefing STAFF PRESENTER(S): Name Title/Position Department 1. Neiman Young Assistant City Manager Executive OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Karen Stevenson President/CEO CC Museum of Science and History ISSUE: Briefing to City Council on the operational updates from the Museum of Science and History. BACKGROUND: On October 11, 2022, City Council requested a briefing on the operational updates from the Museum of Science and History. Staff has coordinated with representatives from the facility to provide the updates. LIST OF SUPPORTING DOCUMENTS: PowerPoint— Corpus Christi Museum of Science and History Briefing 1 CORPUS CHRISTI t L..J%'-)I e of SCIENCE and HISTORY FY 2021 =2022 i A VISITORS Welcomed 46,092 visitors from the Coastal Bend and beyond. , iCCRRIJS CHRISTI MUSEUM of SCIENCE V' and HISTORY gas EDUCATION PROGRAMS Engaged 3,750 fourth- and fifth-grade CCISD students through outreach programs on 36 campuses. • Engaged 3,385 students onsite through field trips and focus programs. • Engaged 3,190 children through in-house caw science and history camps. i SCIENCE V d HISTORY eµ46'Hop EXHIBITS • Grand opening of Nuecestown, an immersive exhibit space that illustrates life for the region's early settlers and community growth in the Coastal Bend in the late 1800s. • Renovation of Doc McGregor photography gallery _ with new large format prints and added historic } camera exhibit. • Installation and opening of The Science of Music & Sound exhibit, sponsored by Phillips 66. • Additional paintings hung in the Kenedy Gallery exhibit hall and refreshed artifact lighting. Additional artifacts added to Natural History Wing common area. t i CORPUS CHRISTI of SCIENCE / � and HISTORY l EVENTS • 14 private museum rentals serving a total of 4,157 guests, including the South Texas County Judges and Commissioners Association,PRIDE Corpus Christi, and Corpus Christi Crime Stoppers. • 19 themed public events serving a total of 7,776 guests with partnering organizations Valero, Junior League of CC, Pepsi Co CC, Hicks Automotive, and NavyArmy CCU. • 33 private birthday parties serving a total of 922 guests. p yawl UIl,, �acti' iCORPUS CHRISTI MUSEUM of SCIENCE V and HISTORY FINANCIAL POSITION Carpus Christi Museum of Science and History Corpus christl Museum of Science aid History Inwme Statement Balance Sheer om'21•Se 2ep� Sep 30,22 Ordinarylncpme/Expense ASSETS I Current As5M5 4p0 Aeverte-Unrestrl-d 1,251,187.97 ChectingJSavings 41 WO Gra,,Resrn[Ied Revenues 75,268.34 1W00 Bank Acmunes 575.192.03 ,,Me Exhl bit Revcrvues 17135.22 To.1 Cheching/Savi,gs 575.192.03 43000 Etlurasion Revenues 293,262.91 Accourta Receivable 44000 Special Event Revenues 236,145.45 12000 A—ums Receivable 0,237.42 Total lncdne 1.873.099.89 Total Accounts Receivable 60.23].42 Cost al Goods sold Oth.¢r Current Assets 50080-1 of Gnnd5541d 61,03555 12100-INV€NTCRY 14;8]]12 latal CORS 64,035.55 Toral Other Current Assert 14,817.72 Gross PruRl 1,809,fffi4.34 T-1 Current Assets 650,247,17 ,pe— TOTALAS5ET5 650,21x.1) 51000 Personnel Casts 1.195.0)3.52 LWBILITIES&EQUITY 56100 Grant Restrid Costs 65,189.64 Liabilities S. Utilities Costs 8,296.96 C-1 Viabilities 65000 Insurance Casts-Commero'a1 1?.]28 Aaoums Payable' )0000 Exhibi,Costs 103,454-97 20000 Accounts Payable 13,154.52 11000 Ed cabpn Costs ]1,079.18 Ttnal Accounts Payable 13,764.52 72W0 Special Event Cents 44,854 S' Csedir Cards 80000 Repairs and Maintenance Costs 32,450.70 €arnmemher5enerez-AW 927 91000 Administrative Con 158,881.03 Tata.Credit Cards 9277 Total Expense 1,646,283.82 Other Current Lia duties Net Ordinary In 15770p.52 23000 PaWOIILiablides 25,301.57 Ocher income/Expense 24000,Deferred Revenue 165,11956 rot.,mme 25000�Deferred Expenses 45945 4920-Other lnsarne-Restricted 1,134,457.63 25500 Sales Tax Payable 2,541.97 Total Other lnceme 1,130,457.63 TWal Otner W—t Liabilities 194,423.55 Other ExpenseTotal Current liabilities 208,2)0.84 5911-In•tind Donation Expense 3,783.}7 Total Liabilities 208,270.84 9010-Other Expense-Resni-d 1,085,457.63 Equity iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilillilI T-1 Other Expense 1,089,241.00 3200 Retained Earnings Net Otber Inppme 41,)16.63 Net Income 203.99].15 NH Income 203,99]15 Tmal E4uity 441.976.33 YOTALU ILITIES&EQUITY 650,24717 SCIENCE HISTORY FINANCIAL POSITION 2022=2023 Friends of the Corpus Christi Museum of Science and History (Friends of the Corpus Christi Museum of Science and History Income statement Balance sheet October 2022 through January 2023 As of January 31,2023 Jan 31,23 Oct'22-Jan 23 ASSETS Current Assets Ordinary Income/Expense checking/savings Income 10000-Bank Accounts 957,387.52 40000•Revenue-Unrestricted 341,285.86 Total Checking/Savings 957,387.52 Accounts Rec 41000-Grant Restricted Revenues 37,500.00 12000-Accountscounts Receivable 182,481.14 42000•Exhibit Revenues 7,266.69 Total Accounts Receivable 182,481.14 43000-Education Revenues 35,811.69 Other current Assets 44000•Special Event Revenues 79,643.01 12100-INVENTORY 14,493.51 Total Income 501,507.25 Total Other Current Assets 14,493.51 Cost of Goods Sold Total Current Assets 1,154,362.17 TOTAL ASSETS 1,1S4,362.17 50000•Cost of Goods Sold 16,600.88 LIABILITIES&EQUITY Total COGS 16,600.88 Liabilities Gross Profit 484,906.37 Current Liabilities Expense Accounts Payable 51000•Personnel Costs 302,087.79 20o0O-Accounts Payable 24,811.67 51001•aPa Payroll Expenses 0.00 Totalt Cards Accounts Payable 24,&11.67 Yr Pe Reda Cards 56100•Grant Restricted Costs 7,201.36 Cardrnember Services-AW 3,072.11 60000•Utilities Costs 765.05 Total Credit Cards 3,072.17 65000•Insurance Costs-Commercial 17,682.00 other current Liabilities 23000 Payroll Uabil Ries 3,061.29 70000-Exhibit Costs 2,505.39 24000 Deferred Revenue 431,988.17 71000•Education Costs 1,062.21 25500 Sales Tax Payable 2,690.22 72000-Special Event Costs 11,504.40 Total Other Current Liabilities 437,739.68 80000-Repairs and Maintenance Costs 11,752.66 Total Current Liabilities 465,623.52 91000-Administrative Cost 33,940.99 Total Liabilities 465,623.52 Total Expense 388,501.85 Equity Net Ordinary Income 96,404,52 3200-Retained Earnings 592,334.13 ry Net Income 96,404.52 Net Income 96,404.52 Total Equity 6.88,738.65 TOTAL LIABILITIES&EQUITY 1,154,362.17 f r SCIENCE HISTORY CORPUS CHRISTI CONVENTION&VISITORS BUREAU Three(3)vacancies with terms to 10-1-2023 and 10-1-2024,representing the following categories:2-Community At-Large and 1-Short-Term Rental Industry.The CCCVB is making the following recommendations:Mark Meyer(At-Large),Regina Garcia-Posada(At-Large),Jennifer Lira(At-Large).Staff is recommending the postponement of the Short-Term Rental Industry pending recomendations from CCCVB. Duties The Corpus Christi Convention&Visitors Bureau solicits various organizations and associations to conduct meetings/conventions/tradeshows within Corpus Christi year- round;to promote the City as a year-round destination;to design and implement an advertising campaign with state,national and international coverage to feature the Corpus Christi area as an attractive region in which to vacation or have conventions or group meetings;to provide support services to conventions in Corpus Christi; to operate visitor information centers;to provide information and advice to businesses interested in tourism and convention-related business in the Corpus Christi area;and to advise the City on projected growth of tourism and convention-related businesses to assist City planning efforts. Composition CCCVB shall be governed by a board of directors,which must be composed of seventeen(17)voting members,with fourteen(14)selected directly by the City Council of the City.Those members must be representatives of the following:2-Hotel Industry,1-Lodging At-Large Industry,1-Short-Term Rental Industry,3-Area Attractions;5- Community At-Large;and 2-Restaurant Industry. The following 3-persons or their designees or representatives,shall serve as additional voting members of the Board by virtue of position held:The Mayor of Corpus Christi or his or her designee;City Manager of Corpus Christi or his or her designee;Director of Corpus Christi International Airport.The following persons or entities,or their designee or representatives,shall serve as additional non-voting members of the Board by virtue of position held:State Representative from district 32 or his or her designee,State Representative 34 or his or her designee,Director of Regional Transportation Authority,President&CEO of Port of Corpus Christi or his or her designee,President&CEO of Corpus Christi Regional Economic Development Corporation,General Manager of American Bank Center,Athletic Director of Texas A&M University Corpus Christi,General Manager of Corpus Christi Hooks and Chair of the Corpus Christi Sports Commission Advisory Council.Appointments will be for two-year staggered terms.The CCCVB will make recommendations to the City Council for lodging, attraction and restaurant industry and community at-large directors as directors'terms expire,but the CCCVB always shall nominate one(1)more individual as an alternate per category than the total number of positions available.Appointments will be made by City Council from the provided list with consideration of nominations by the CCCVB Nominations and Executive Committees and Board. Creation/Authority Motion No.2006-209,7/11/06;Motion No.2006-243,7/25/06;Motion No.2010-282,11/16/10;Motion No.2013-028,2/12/13;Motion No.2014-155,11/18/14; Amended By-Laws,8/31/17;Motion No.2019-173,10/15/19;Motion No.2020-195,9-22-2020;Motion No.2021-125,6-15-2021;Motion No.M2023-028,2-21-2023 Meets Total Member size Term length/limit Liaison 3rd Thur. Monthly 11:30a.m.,American Bank Center 26 2 years/6 years Brett Oetting Appointing Name District Term Appt.date End date Authority Position Status Category Exceeded absences Ramon J.Pineda District 4 1 5/11/2021 10/1/2023 City Council allowed by ordinance Community At-Large Daniel R Suckley District 4 3 9/11/2018 10/1/2024 City Council Resigned Community At-Large NEW 10/1/2024 NEW Short-Term Rental Industry 3-7-2023 Appointing Name District Term Appt.date End date Authority Position Status Category Deven S Bhakta District 5 1 10/12/2021 10/1/2023 City Council Active Hotel Industry Blanche C.Morris Non-Resident 1 9/29/2020 10/1/2023 City Council Active Hotel Industry Amy Granberry Non-Resident 1 10/12/2021 10/1/2023 City Council Active Lodging Industry At-Large Lance N Hancock Non-Resident 1 10/12/2021 10/1/2023 City Council Active Area Attractions Johnny Philipello District 4 3 1/10/2017 10/1/2023 City Council Chair Active Area Attractions Jennifer Vela Non-Resident 2 9/29/2020 10/1/2024 City Council Active Area Attractions Sam Canavati District 5 3 9/11/2018 10/1/2024 City Council Active Restaurant Industry Richard Lomax District 4 2 9/29/2020 10/1/2024 City Council Active Restaurant Industry Chris Hamilton District 5 1 9/13/2022 10/1/2024 City Council Active Community At-Large Gabriele Hilpold District 4 1 10/12/2021 10/1/2024 City Council Active Community At-Large Natalie C Villarreal District 1 1 9/13/2022 10/1/2024 City Council Active Community At-Large Ex-Officio, Paulette Guajardo 1 10/11/2021 N/A Voting Active Mayor or his or her designee Ex-Officio, City Manager or his or her Peter Zanoni 1 N/A N/A Voting Active designee Ex-Officio, Kevin Smith 1 N/A N/A City Council Voting Active C.C.International Airport Ex-Officio, Port of C.C. President&CEO of Lisa Hinojosa District 4 1 N/A N/A City Council Non-voting Active or his or her designee Ex-Officio, Jon Palumbo District 4 1 N/A N/A Texas A&M UCC Non-voting Active Texas A&M Athletic Director Corpus Christi Ex-Officio, Corpus Christi Hooks General Brady Ballard 1 N/A N/A Hooks Non-voting Active Manager State Rep. Ex-Officio, State Representative District 34 Abel Herrero 1 N/A N/A District 34 Non-voting Active or his or her designee State Rep. Ex-Officio, State Representative District 32 Todd Hunter 1 N/A N/A District 32 Non-voting Active or his or her designee America Bank Ex-Officio, General Manager of American Paul Turner 1 N/A N/A Center Non-voting Active Bank Center Ex-Officio, Mike Culbertson 1 N/A N/A CCREDC Non-voting Active CCREDC&CEO Ex-Officio, Regional Transportation Jorge Cruz-Aedo N/A N/A N/A City Council Non-voting Active Authority C.C.Sports Ex-Officio, Chair of C.0 Sports Commission Vacant I N/A N/A N/A lCommission Non-voting I jAdvisory Council 3-7-2023 CORPUS CHRISTI CONVENTION &VISITORS BUREAU Applicants Name District Status Category At-Large Lodging Industry Attraction Industry Blanca M. Anderson District 4 Applied Restaurant Industry Ulysses Arrigoitia District 2 Applied At-Large Michelle Braselton District 5 Applied At-Large Ronald W. Charles District 1 Applied At-Large At-Large John Garcia District 1 Applied Lodging Industry Regina Garcia-Posada District 5 Applied At-Large Robert L. Garza II District 5 Applied At-Large At-Large Alex Harris Other/ Non-Resident Applied Short-Term Rental Industry Debbie Lindsey-Opel District 4 Applied At-Large Jennifer Lira Other/ Non-Resident Applied At-Large Mark Meyer District 2 Applied At-Large Jason Page District 2 Applied At-Large At-Large Chris A. Pena District 3 Applied Restaurant Industry Rachel M. Pittman District 4 Applied At-Large Timothy Weitzel I District 1 jApplied At-Large Mikell West I District 3 jApplied At-Large CITY OF CORPUS CHRISTI Submit Date: Aug 04, 2022 Application for a City Board, Commission, Committee or Corporation Profile Blanca M Anderson First Name Middle Initial Last Name Email Address 1113 Black Buck Ln Street Address Corpus Christi TX 78418 ------------ _ _-- --_ -__- ------- -- ----- — ---------------- City State Postal Code What district do you live in? W District 4 Current resident of the city? r Yes r No If yes, how many years? 2.5 Mobile: (214) 281-2852 Business: (361) 949-8815 Primary Phone Alternate Phone Sunset IslandSenior Staff Manager Employer Job Title Work Address - Street Address and Suite Number 13313 S Padre Island Dr Work Address - City Corpus Christi Work Address - State Texas Work Address -Zip Code 78418 Rlnnrrn KA AnrJorcnn Work Phone 214-281-2852 Work E-mail address blanca,mesinas@sunsetisland.cc Preferred Mailing Address W Work Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? 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? no Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics Gender W Female Rlnnrrm KA AnAarcnn 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 P No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? • Lodging Industry • Attraction Industry • Restaurant Industry PInnrn NA OntAarcnn 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 PInnrrn AA Anrlorcnn Consent for Release of Information 1 understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which 1 seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. 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 Rlnnrra KA AnAnrcnn BLANCA ANDERSON � 214-281-2852 ........... 1113 Black Buck Ln. Corpus Christi, TX 78418 PROFILE A dedicated, outcome-oriented professional with a focus on growing customer- centric business and building experiences people love. I managed to develop a complete funnel as a business manager. I developed strategies that helped convey the right message to target audience and increase revenue. Business Manager/ Growth/ Business Strategy/ Marketing/ Organization Innovation. EXPERIENCE November Sunset Island, Corpus Christi, TX. 2019-Present Senior Staff Manager • Manage all bars to include drink menu, hiring, scheduling, training, purchasing, creating promotions • Manage retail stores. Responsibilities include merchandise purchasing, staffing, scheduling. Store layout, creating promotions. • Manage social media for all entities of Sunset Island. Snoopy's, Scoopy's, Marker 37. Created content, respond to comments. • Manage all private events from initial correspondence to execution of the actual event. September201 The Viera Senior Living, Corpus Christi, Tx 9- November Assistant Lifestyle Coordinator 2019 • Daily planning and facilitating recreational, social and relaxation events and activities. • Implement Activities that accommodate those with special needs. • Promoting events and encouraging participations. Handling the logistics of events, activities, excursions. The Legacy @ Willow Bend, Plano, TX Dining Room Supervisor November Responsible for all front of the house duties for an 2014- upscale retirement community, consisting of September Independent Living with 200 Residents, Assisting 2019 Living with 120 Residents, and Memory Care with 30 Residents. • Interview, Hiring, Training, Coaching, Scheduling. Promote and ensure company values. KEY SKILLS AND CHARACTERISTICS Customer Service Excel, Word, Microsoft Management Office. Training Marketing Bilingual POS Inventory System Spanish/English Operation Strong Communication Skills Page 2 CITY OF CORPUS CHRISTI Submit Date: Aug 15, 2022 Application for a City Board, Commission, Committee or Corporation Profile Ulysses Arrigoitia First Name Last Name Email Address 302 Circle Dr. Street Address Corpus Christi TX 78412 City State Postal Code What district do you live in? V District 4 Current resident of the city? r Yes r No If yes, how many years? 4 Mobile: (860) 713-9504 Business: (361) 857-0998 Primary Phone Alternate Phone Spectrum_Reach_Advertising - Manager Employer Job Title Work Address- Street Address and Suite Number 4060 SPID Work Address- City Corpus Christi Work Address- State TX Work Address - Zip Code 78411 1 Ilvccoc Arrinnitim Work Phone 361.857.0998 Work E-mail address ulysses.arrigoitia@charter.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) High School If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) None Why are you interested in serving on a City board, commission or committee? can contribute with marketing and advertising expertise. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No Ilvccoc Arrinnitin No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? a Yes r No Demographics Gender fJ 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 P 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) Ilxiccnc Arrinnitin Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree n.iccoc Arrinnitim Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. 1 hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. V I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. PT I Agree Ilvccoc Arrinnitin Ulysses Arrigoitia Greater Corpus Christi Area . _4 ` 860-713-9504 ® linkedin.com,iniulyssesa Summary Dynamic leader and articulate communicator with a talent for developing highly motivated teams with the mutual goal of company growth and profitability. I am known for inspiring teams to achieve corporal goals and follow through with assignments at the highest level. I am driven to achieve success, in every undertaking, utilizing motivational leadership and business acumen to produce record-breaking results, including over 100% year-on- year base revenue increases. Financial Leadership, Operational Excellence, Performance Management, and TV-Radio-Digital Market Results are assets in action demonstrated throughout my career. Achieving and exceeding revenue, curtailing cost, and driving towards record-breaking results are paramount. Achieved key results by... • Team empowerment • Community involvement • Strategic planning • Strong political alliances • Consumer research • Collaborative leadership • Cross-functional management • Operational excellence Civic Involvement Developed cost-effective campaigns in numerous community efforts including • St. Jude Children's Hospital Radiothon • Educational Awareness Campaign • Don't Drive Distracted Campaign • 1 st Annual Univision Career Fair • Hispanic Heritage Month Community Champion Recognition Experience Sales Manager Spectrum Reach Jun 2018- Present (3 years 3 months +) Our core purpose as the markets sales leader is to build and direct a cohesive team of Advertising Account Executives, develop market approach plans, create, communicate and execute sales plans and other market initiatives to meet and exceed expected revenue goals. The team of Advertising Account Executives are responsible for developing, servicing and maintaining a base of local clients Ulysses Arrigoitia - page 1 and/or agencies purchasing advertising on our 300+ cable TV channels, and our digital audience network of online and mobile websites. o Vice President & General Manager MundoFox 2014 -2015 (2 years) Recruited to launch a MundoFox affiliate and its digital platforms. Tasked with building a team to execute sales, production, news, promotions, social media engagement, public relations, and community engagement. Developed strategic plans to achieve rapid revenue growth, brand recognition, ratings and public service initiatives. Responsible for technical aspects of signal delivery and building new office and studio facilities. Senior Vice President & General Manager Entravision Communications 2004 -2014 (11 years) Led range of functional divisions for Univision/Unimas, LATV television and WNUE-FM radio and its associated websites. Functional areas included sales, marketing, finance, human resources, community relations, and operations. Professional achievements include: *Development and execution of strategic plans impacting the reversal of the declining automotive business resulting in a 51% YOY revenue increase and up to 44% YOY growth in sales for the local automotive category. *Credited for leading community events with cross-functional teams raising funding for: -St. Jude Children's Hospital Radiothon -Educational Awareness Campaign -Don't Drive Distracted Campaign -Hispanic Heritage Month community Champion Recognition *Achieved 44% net revenue growth for Univision, earning a reputation as the fastest growing station among 22 other Univision affiliate stations. General Manager Mega Communications 2003 -2004 (2 years) Monitored ratings, directed operations, and developed action plans to improve station performance. Professional achievements include: • Improved the positioning and image of Hispanic media among local advertisers by drafting a rebuttal book depicting the value and significance of the Hispanic audience. • Promoted a cohesive work environment, ascertaining needs, forecasting future growth, and strategizing with staff, that resulted to a leaner, more productive business model. General Sales Manager Hispanic Broadcasting Corporation 1994-2003 (10 years) Developed sales programs and monitored sales activities, pricing and forecast and budget attainment. Professional achievements include: • Contributed to margin improvement by optimizing cost structure through the creation of an inventory tracker system and cost per point analysis tool. • Controlled major accounts for a staff of 11, resolved escalated client issues and created new revenue- generating programs. Operations Consultant Fleming Foods 1982- 1994 (13 years) Provided consultation and advice to independent grocery operators on sales and operational efficiencies. Liaised with the grocery operators on a daily basis in ensuring the achievement of sales, profit and market share objectives. Improved operational systems and conductive competitive and SWOT analysis. Developed Actionable Plans for improvement leveraging Managing by Objectives methodology. Licenses & Certifications J Advanced Broadcast Management - Notre Dame, IN Karrass Effective Negotiations Skills Broadcast • Television • Advertising • Radio • Digital Media • Management Leadership Social Media • Marketing Strategy • Video Production Honors & Awards Top 25 Most Influential Hispanics in Central Florida I Ad Council PSA Station of the Year Registro Newspaper Executive of the Year Entravision Best Market Proposal of the Year Ulysses Arrigoitia - page 3 CITY OF CORPUS CHRISTI Submit Date: Sep 14, 2022 Application for a City Board, Commission, Committee or Corporation Profile Mrs Michelle Braselton Prefix First Name Last Name Email Address 8617 King Ranch Dr. Street Address Corpus Christi TX 78414 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? 22 Mobile: (361) 739-1768 Home: (361) 779-0060 Primary Phone Alternate Phone Keller Williams Realtor Employer Job Title Work Address- Street Address and Suite Number 4518 Everhart Work Address- City Corpus Christi Work Address - State TX Work Address-Zip Code 78414 AArc AAirrhollo Rrncoltnn Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? r•' Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Why are you interested in serving on a City board, commission or committee? I was in the travel industry for 13 years as a flight attendant for American Airlines. I think my travel and experience in the industry can be beneficial to the committee. 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 Mir-hnlln Rrncoltnn 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. Corpus Christi Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above KArc AAirrholln RrncnItrin Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement- Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. 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. I Agree Oath 1 swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree KArc NAinhollo Rrnenitnn CITY OF CORPUS CHRISTI Submit Date: Feb 08, 2023 Application for a City Board, Commission, Committee or Corporation Profile Mr Ronald W Charles Prefix First Name Middle Initial Last Name Email Address 11502 South Creek Dr Street Address Corpus chrisi 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? 3 years Mobile: (210) 548-1970 Home: (210) 548-1970 Primary Phone Alternate Phone Retired Veteran Employer Job Title Work Address- Street Address and Suite Number 11502 South Creek Dr Work Address- City Corpus Christi Work Address- State TEXAS Work Address- Zip Code 78410 KAr Rnnnirl %A/ (`hnrinc Work Phone 2105481970 Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? r Yes r• No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity(Present) College degree in Vascular Ultrasound. Forensic Autopsy Technician If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Recommend me three boards. Why are you interested in serving on a City board, commission or committee? always wanted to help my community. I was born and raised around these parts. I want to get back to the community the brought me up. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes (-. No KAr Dnnnlrl %A/ ('hnrloc 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 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 AAr Dnnnlrl \A/ r hnrloc Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes (.- No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to 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? PF 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 AAr Dnnalrl \A/ r`hnrloc 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 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. W I Agree Oath swear that all of the statements included in my application and attached documents, if any, are true and correct. 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CITY OF CORPUS CHRISTI Submit Date: Nov 10, 2022 Application for a City Board, Commission, Committee or Corporation Profile Mr. John Garcia Prefix First Name Last Name Email Address 317 Peoples Street Apt 702 Street Address Suite or Apt CORPUS CHRISTI TX 78401 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? 46 Mobile: (361) 244-9376 Business: (361) 991-7100 Primary Phone Alternate Phone Comfort Suites Near Texas A&M-Corpus Christi _ _ _ _ DIRECTOR OF SALES Employer Job Title Work Address- Street Address and Suite Number 1814 ENNIS JOSLIN ROAD Work Address - City CORPUS CHRISTI Work Address - State TX Work Address -Zip Code 78412 KAr lnhn (_nrrin Work Phone 361-991-7100 Work E-mail address Preferred Mailing Address V Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) SEE ATTACHED RESUME If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) i want to be in the visit corpus christi cvb board Why are you interested in serving on a City board, commission or committee? be involved in the city to make it a better community Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes c' No KAr lnhn (,nrnin 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 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 KAr lnhn (,nrrin Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO"to all questions above, please enter N/A. n/a Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? P Lodging Industry Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree AAr lnhn (_arria 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. 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 1 swear that all of the statements included in my application and attached documents, if any, are true and correct. V I Agree AAr lnhn (,nrrin JAN-06-2015 06:44 From: To:8263113 Pase:2f6 John Garcia 317 Peoples Street Apt4205 Corpus Christi, TX 78401 Cell: 361 A44-9566 Email: John Garcia has been active in the hospitality industry for 19 nears. Bon. and raised in Corpus Christi,Garcia's first Opportunity arose when he started at the Ramac a Inn Bayfront & Conference Center in 1997. This experience adds supplemental famili ity with conventions sales, hospitality, and strong community involvement. During his first 6 y.-ars at the Ramada Inn, he became a member of numerous organizations: Corpus Christi Ch bet of Commerce (Ambassador), Corpus Christi Hispanic:Chamber(Embajador), Hospi lity Sales Markcting Association(Vice ,President,2004)(HSMA Member of the Year 2004 , and Harbor Lights Festival (Committee member) Dress for Success Volunteer, Transportatio Advisory Committee Board member;NAACP Banquet Committee member, Corpus Christ Greater Hospitality Association member, Girl Scouts of South Texas, Westside Business Association member and the Corpus Christi Transportation Advisory Board. John also accomplished a graduate, certification course from the prestigious Dalc Carnegie. Garcia's experience as Sales Manager gave him an opportunity to advance in the hotel industry. In June 2003. he became Director of Sales& Marketing at the Ramada Limited Airport Hotel on McBride Lane and Interstate 37. In April 2005 an opportunity arose at the Corpus Christi Convention Visitor Bureau as Destination Sales Manager for the sports& Mexico market for the city. Is currently Director of Sales for a couple hotels in the greatc r Corpus Christi area. John holds a great appreciation for the power of community, and his continued involvement and support is evident in his work performance CITY OF CORPUS CHRISTI Submit Date: Feb 03, 2023 Application for a City Board, Commission, Committee or Corporation Profile Regina Garcia-posada First Name Last Name Email Address 7302 Sun Valley Dr. Street Address Corpus Christi TX 78413 City State Postal Code What district do you live in? W District 5 Current resident of the city? r Yes r No If yes, how many years? 51 Mobile: (361) 774-0825 Business: (361) 857-1708 Primary Phone Alternate Phone H-E-B _ _ Public Affairs Sr.Mgr. _ Employer Joh Title Work Address-Street Address and Suite Number 4444 Kostoryz Rd.Ste. 101 Work Address-City Corpus Christi Work Address- State Texas Work Address -Zip Code 78415 Domino (_nrt-ia_nncnr n Work Phone 3618571708 Work E-mail address Garcia.regina@heb.com Preferred Mailing Address W Work Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Bachelor of Fine Arts in Radio Television and Film, Public Affairs& Media, Serve on several boards: Corpus Christi Police Foundation, American Heart Association, Del Mar College-Executive Committee, Diocesan Telecommunications Board, St.John Paul II & Bishop Garriga Advisory Council, and CHRISTUS Spohn Foundation. Why are you interested in serving on a City board, commission or committee? Passionate about the city,tourism and interests involved with creating wonderful events for Corpus Christi. 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 Roninn (,nrr in_nncnrin Are you a current candidate in an election for a non-city public office? rYes rNo 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 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 Qjaninn r_nrri!3_nncnrin 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 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 Donin!a (,nrrin_nncnrin 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 1 seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Marino (,nrnia_nncnrin REGINA GARCIA-POSADA 7302 Sun Valley Drive 0 Corpus Christi, TX 78413 0 361-774-0825 OBJECTIVE Become a Strong Leader in Live Media, Social Media, and obtain a position with a company that allows the use of demonstrated organizational,communication,and leadership skills. PROFILE Motivated, business professional with a college degree in the communications field. An excellent 26-year track record of creating, maintaining and protecting various organization's favorable image. Outstanding communication skills with the talent to focus and execute tasks. Diplomatic and tactful working with various governments, companies, and industries. Accustomed to handling sensitive, confidential information. EXPERIENCE H-E-B October 2011—Present Public Affairs Sr.Manager Manage community investments/donation requests, media inquiries,and communication about H-E-B in local,statewide and national markets. • Provide leadership and support in the development and direction of H-E-B's public affairs strategies and corporate image initiatives. • Manage and implement H-E-B's media relations plans and strategies, including the maintenance of public branding opportunities and events. • Acts as company spokesperson to media • Creates critical message points,papers,and releases in support of media relations plan,including contacting media representatives • Develops and maintains internal and external relationships with key stakeholders that advance and support corporate image initiatives. • Serves directly in community and civic roles in a leadership capacity • Develops the regional budgeting processes for operational,charitable,and non-charitable expenses • Develops H-E-B's community relations plans and programs, including the maintenance and implementation of regional philanthropic efforts • Manages staff and provides inter-departmental leadership on projects,processes,and programs • Creates videos to highlight programs and initiatives of H-E-B Corpus Christi Convention&Visitors Bureau January 2010—October 2011 Communications Manager Manages and distributes creative communication about Corpus Christi in local,statewide, national,and international markets. • Communication for Conventions - works with convention meeting planners and informs local media, CVB partners and local attractions/restaurants of upcoming conventions. • Press Release distribution to local,statewide,national,and international markets. • Press Conferences-coordinates with media,location site, and creates itinerary for speakers • Media Blitz Trips -travel statewide to meet one-on-one with publications, media editors and writers to discuss events and meeting space in Corpus Christi. • Newsletter-develops,writes and designs quarterly newsletter • Travel Writers-develops itinerary,coordinates visits,and guides writers to local attractions and beaches. • Budgets—manage travel and promotional budgets. Kill-TV March 2007-January 2010 Anchor/Reporter Anchored designated news broadcasts or special programs as assigned. Spokesperson for"Be Safe from Diabetes"Campaign that impacted thousands of families. Other Duties consisted of: • Investigating,writing,editing, and proofing assigned news stories. • Coordinating ideas and interviewing guest for on-air broadcast. • Initiating new story ideas in order to facilitate news worthy reports. • Maintaining community relations via volunteer work, public speaking events and Mistress of Ceremony Texas Department of Family and Protective Services April 2006-March 2007 Public Information Officer Served as the Region 11 DFPS Public Information Officer. Developed information material for projects and programs with regional program directors, Region 11 management team,staff and media. Duties consisted of: • Contact for news media regarding stories and articles • Plan,organize,and evaluate special cross program initiatives and projects • Develop and maintain a pro-active Strategic Communications Plan • Delivering communications training to staff Driscoll Children's Hospital December 2003—April 2006 Public Relations Director Provided leadership for all Public Relations departmental functions and day-to-day operations in support of hospital mission. Duties consisted of: • Coordinating media relations program for marketing projects, to include press releases, press events, and cultivation of press relationships including print,TV, radio,and Internet. • Coordinating all public relations events for Driscoll Children's Hospital major marketing projects (i.e.: Fiesta De Los Ninos, Chemo Kids Fish Off,etc.) • Coordinating publication strategies for pediatric health care issues in Corpus Christi, Rio Grande Valley, Laredo, and all other markets served. • Manage budget for local outreach programs. Kill-TV July 2001—December 2003 Reporter/Anchor Anchored designated news broadcasts or special programs as assigned. Develop story ideas for various news broadcasts. Duties consisted of: • Investigating,writing,editing,and proofing assigned news stories. • Contacting,scheduling and interviewing guest for on-air broadcast. • Developing community contacts in order to facilitate news worthy reports. • Maintaining community relations via station sponsored promotion events,guest speaking and mistress of ceremony. KRIS-TV July 1999—July 2001 Reporter Anchor Responsible for anchoring designated news broadcasts or special programs as assigned. Duties consisted of: • Investigating,writing,editing,and proofing assigned news stories. • Contacting,scheduling and interviewing guest for on-air broadcast. • Developing community contacts in order to facilitate news worthy reports. • Maintaining community relations via station sponsored promotion events,guest speaking and mistress of ceremony. KPRC January 1999—July 1999 Associated Producer Responsible for collecting news stories and video for 2-hour morning newscast and cut-ins. • Worked alongside producers to re-write and update morning news scripts • Develop news content in-line with the newscast objectives and cut-ins • Time-management of newscasts per stations request • Responsible for all video content throughout 2-hour morning newscast and cut-ins KZTV August 1996—December 1998 Reporter/Anchor Responsible for reporting local news stories and serving as anchor for Morning and Noon shows. • Producer of Morning Cut-Ins • Responsible for Scripts, Rewrites,and Collecting video for newscast • Develop and edit newscast for Noon Show and would serve as On-Air talent when needed • Maintaining community relations via station events ASSOCIATIONS 1 AWARDS American Heart Association Board Member-Present CHRISTUS Spohn Foundation Board Member-Present St.John Paul II High School Advisory Council-Present Ronald McDonald House Advisory Council-Present Diocesan Telecommunications Corporation Board Member-Present Corpus Christi Police Foundation Board Member-Present Del Mar College Foundation Executive Committee-Present Fiesta de la Flor Host-2015-2019 Most Beautiful Women Inside&Out(The Bend Magazine)-2017 Leadership Corpus Christi Class XXXVI Steering Committee 2007-2008 Leadership Corpus Christi Class XXXV 2006-2007 Corpus Christi Chamber of Commerce program designed to build leadership development of selected individuals in Corpus Christi Corpus Christi 40 Under 40 Steering Committees 2008&2009 Corpus Christi 40 Under 40 2006,2007&2010 Corpus Christi Chamber of Commerce Recognition of Individuals under the age of 40 who have excelled professionally and who have made a commitment to be servant leaders in their homes,schools,workplaces,and churches. Various past Board Memberships include;The Rise School of Corpus Christi,Conquer the Coast, Ronald McDonald House, Big Brothers,Big Sisters, and Best of the Best News Anchor award. EDUCATION Bachelor of Fine Arts in Radio/Television/Film August 1996 Sam Houston State University, Huntsville,TX 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? W District 5 Current resident of the city? t: 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? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Rnhort I r,nr-7n 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? I 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 Dnhort I (,nr7n 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 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 CJnhort I r;�r�� II 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 C?nhort I (--or-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. 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 Dnhort I (_ar-7n 11 Robert Lee Garza II ' 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 21, 2023 Application for a City Board, Commission, Committee or Corporation Profile Alex Harris First Name Last Name Email Address 2138 HIGHWAY 286 Street Address CORPUS CHRISTI TX 78415 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) 533-7286 Business: (361) 533-7286 Primary Phone Alternate Phone BRI-TE_STAR CONSTRUCTION _ OWNER_-- Employer Job Title Work Address- Street Address and Suite Number 5926 SO. STAPLES, STE A Work Address- City CORPUS CHRISTI Work Address -State TEXAS Work Address -Zip Code 78413 Work Phone 361-906-0001 Alov I-Inrric Work E-mail address Preferred Mailing Address W Work Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? r• Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: Capital Improvement Advisory Committee Education, Professional and/or Community Activity (Present) Masters Degree in Management Texas A& M Univ Corpus Christi If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Visit Corpus Christi Board Why are you interested in serving on a City board, commission or committee? I build and develop Multifamily Developments doing business on North Padre Island in the Short Term Rental Market 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 Alov Wnrric 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 Ethnicity V Caucasian/Non-Hispanic Gender rJ Male Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r•' No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r• No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r: No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes c No Alov I-Inrric If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W Short-Term Rental Industry Question applies to ISLAND STRATEGIC ACTION COMMITTEE ISAC preferred representatives from certain categories. Do you qualify for any of the following categories? W Developer of Property on Mustang or Padre Island Verification Dlov I-larric 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 Alov Wnrric ALEX H. HARRIS 2138 Highway 286 Corpus Christi,TX 78415 (361)533-7286 alex@britestarconst.com CURRICULUM VITAE CURRENT BUSINESS AFFILATIONS President/Partner Brite Star Construction, LP Smuggler's Cove Construction, LLC Mango Cay Construction, LLC Aruba Bay Resort, LLC Marketing Dev. Officer Stewart Title Services Vice President Polly Harris Insurance Agency PAST BUSINESS AFFILIATIONS Past Co-Owner— Bay Area Title Services (2012-2018) President/Owner- San Jacinto Title Services of Corpus Christi, LLC (1985-2002) President/Owner- Corpus Christi Land Title Services (1990-2002) President/Owner— Corpus Christi Abstract Services (1990-2002) President— Harrell Petroleum Company (1980-1985) Vice President—Osage Oil Company (1975-1980) EDUCATION W.B. Ray High School, Corpus Christi, TX (1971) Del Mar College, Corpus Christi, TX (1971) Texas A& I University, Kingsville, TX (1975) • BBA- Electronic Data Processing Corpus Christi, State University/TEXAS A & M —C C - 1989 Lnd MBA- Management Texas d Title School (1986) Various Real Estate and Insurance Schools BIOGRAPHICAL INFORMATION Age 70 Wife Polly Children Matt (47), Jordan (41), Kassie (41), Russell (40), Anthony (26) Hobbies Sailing, Hunting, Fishing, Camping, Backpacking, and Computers Fraternity Zeta Pi Chapter of Sigma Chi Lifelong resident of Corpus Christi Curriculum Vitae, cont. Alex H. Harris Page 2 CURRENT COMMUNITY AFFILIATIONS - 2023 City of CC— City Impact Commission Short Term Advisory Committee Majesty Outdoors Board - 2016-Current Corpus Christi Yacht Club— Past Commodore PAST BUSINESS AND COMMUNITY AFFILIATIONS - 1983 to 2020 City of CC— Island Strategic Action Committee Board 2014-2018 United Corpus Christi Chamber of Commerce— Past Bd Member-- 2018 Corpus Christi Builder Association — Past Builder Member Corpus Christi Caller-Times Jefferson Volunteer Award - 1996 Bronze Medallion Winner Greater Corpus Christi Business All iance-CVB/EDC/Chamber Chairman - 1997 American Heart Assoc— Father of the Year Award - 2014 Padre Island — Packery Channel Development- 2006 Corpus Christi "Yes" Committee - 2004 Corpus Christi Builders Association-Associate Treasurer— 1987 & 2000 Govt. Affairs Committee - 2008 Texas Land Title Association Board of Directors— 1999 Board of Directors — 2014-2017 • Finance Committee — 2016-2017 Agents Executive Council Legislative Liaison Committee Education Committee City of Corpus Christi Chairman - Mayor's Task Force on the Columbus Fleet-1995 Las Carabela - Columbus Fleet Association Past Chairman & Development Chairman - 1996 Texas A& M University at Corpus Christi President- Presidents Club Texas Association of Abstracters and Title Agents Directors Council Texas A& M Univ. at Corpus Christi Past Board Member Del Mar College, Corpus Christi, TX Adjunct Professor- Computer Science Department National Association for Community Leadership Distinguished Leadership Award 1992 Curriculum Vitae, cont. Alex H. Harris Page 3 Leadership Corpus Christi Outstanding Leadership Award 1992 Member LCC Class XIII Alumni Board - Treasure Steering Committees-1985 General Chairman Class XIX 1991 Corpus Christi Insight Program ♦ Co-Founder- 1990 Corpus Christi Chamber of Commerce Vice Chairman - Education & Leadership Comm. Chairman -Adopt-A-School Program - 1984 Chairman - Beach Parks/Boat Pass Task Force Corpus Christi Board of Realtors Co-Chairman Realtor Rally MLS Committee 1987 and 1991 Affiliate of the Year Program Chairman 1989 Fund-raiser Regional Transportation Authority Board of Directors— 1991-92 Nueces County Blood Bank Board Member 1994-96 Corpus Christi Retail Grocers Association Board Member Marketing Sales and Management Association Board Member Corpus Christi Better Business Bureau Board Member Nueces County Land Title Association Past President Texas Association of Abstractors and Title Agents Past President Texas Oil Markets Association Executive Committee - 1983 Regional Vice President- 1984 Finance Committee - 1984 State Brand Chairman National Oil Jobbers Association State Brand Chairman - 1983 American Heart Association Business Drive Chairman - 1986 CITY OF CORPUS CHRISTI Submit Date: Dec 12, 2022 Application for a City Board, Commission, Committee or Corporation Profile Debbie Lindsey-Opel First Name - - - - _ Last Name -- _- - Email Address 1233 Sandpiper Drive 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? 35 Mobile: (361) 728-1459 Mobile: (361) 584-1300 Primary Phone Alternate Phone Three Dimensional Development, LLC President_ Employer _._ - _..._. -.-- Job Title Work Address - Street Address and Suite Number 1233 Sandpiper Drive Work Address- City Corpus Christi Work Address - State TX Work Address- Zip Code 78412 rlohhin 1 inricoxi-(lnol Work Phone 361.854.1300 Work E-mail address dlo@3ddresults.com Preferred Mailing Address V Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU:Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) BS-Marketing, MBA-TAMUCC. Served as interim CEO for CVB in 2005 and served as the City Council Liaison in 2018. While the Interim, worked with the City of Corpus Christi to renegotiate CVB contract.As City Council Liaison, supported improvements in business practices and accountability. Other community experience includes past service and chair of several organizations including Corpus Christi Chamber of Commerce, United Way of the Coastal Bend, and American Cancer Society. Served on the City of Corpus Christi Type A board and Beach Management Advisory Committee. Public services also includes service an At-Large Council Member on the City of Corpus Christi City Council. Currently a member of Executive Women International and the United Corpus Christi Chamber of Commerce. Why are you interested in serving on a City board, commission or committee? Contributing time and talent to improve our community is vitally important. Visit Corpus Christi is redefining our Corpus Christi Brand. I would like to join their innovative approach to growing not only the number of visitors but the quality of those visits. My background as Director of Public Affairs with H-E-B and my 19 (almost) years a business consultant in this area provide valuable experience and perspective to support our growing city. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No rlohhio 1 inr1cov_rino1 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 (- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes (-. No nnhhio I inrlcnxi-nnol Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? 17 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. P I Agree rlohhio I inricoxi_rinol 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. 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 r)ohhio 1 inrlcoxi_nnol DEBBIE LINDSEY- OPEL PRESIDENT, THREE DIMENSIONAL DEVELOPMENT, LLC PROFILE CLENTS WHO TRUST US PROFILE IMCOLMAR �. t HOWARD UJ COLLEGE am + + APEX l } ENERGY RAAINERS O e,san snsNcv .011 Debbie Lindsey-Opel began dlo Three ®KleWit `� Dimensional Development in 2004,to LA PA/LMERA 8W hhpbMilon provide strategic stakeholderAECOMM D4 � bikePY CGRRUSCHRls1 •ANN engagement and public relations N=om e121c HOUSING J? services to public and private sector "' ® LIVE UNITE organizations.She is recognized for D �L _ _ IYRNEN IR.WiRRl '. r �L 0 her innovation, perception, and ability VISIT".- 4'1YCRKFORCESb1URGK8 to work well with diverse, multi- CORPUS ° CCA .w=.<o,,l AML CHRISTI stakeholder groups. p rous. Her primary focus fW RR ISTI LEADERSHIP 1NRA+I/f� Nature SewrltyRNe R,7 roRPUS 1"R ­ is is developing internal &external NNovnnouce Pea c« _ y w°,.I. °° g ���rSSS� : ;•� '��.+,...k,.W__,_e.....,, `_ - :CoRPLLS CHRISTI communications and community gTLy�tV TIC MEAICALCENM m 2WINOWPRRw engagement strategies. Asa �� NE STAR UAS r consultant, her strengths includeIL strategic planning,facilitation, presentations, bringing together RELATED ACTIVITIES polarized groups,internal and external communications, and Lindsey-Opel served on the Corpus Christi City Council as an at-large traditional/social media outreach. member from 2017-2019, providing policy direction on a $1 billion budget. She also served on the Type A Workforce and Her knowledge and experience Jobs Development Board overseeing millions of dollars in economic include working with government, incentives. Other civic leadership roles include Chairing Corpus retail,industry,construction,and Christi's Chamber of Commerce, American Heart Association, higher ed clients.She has worked as American Cancer Society, and United Way of the Coastal Bend. Chief of Staff for the Mayor of Corpus Christi,as Director of Public Affairs- She has worked on projects including the GLO Economic Development South Texas for H-E-B,and Interim CEO Strategy & Diversification Study, ACUIZ Joint Land Use Study for the Navy, of CC Convention &Tourist Bureau. Bold Future for the Coastal Bend Regional Planning, the redevelopment of La Palmera Mall,andthe Chapman Ranch Wind Farm. EDUCATION & CERTIFICATIONS She is a graduate of Leadership Corpus Christi Class XXIL Masters, Business Administration Texas She was recognized as one of two honorees for the LCCA Alumni A&M University-Corpus Christi Association Annual Roast in 2020. She is a graduate of Leadership Texas, Ammerman Executive Communications and Harvard's Bachelor of Science,Marketing Kennedy School of Government Crisis Planning Workshop. Louisiana State University-Shreveport Lindsey-Opel is a popular motivational/keynote speaker. She founded Communicators Academy, to enhance communication impact, Media Historically Underutilized Business (HUB) Prep School to improve media skills, and the Leadership Code to provide Disadvantaged Business Enterprise (DBE) leaders with skills to succeed in today's changing environment. dlo@3ddresults.com 1 361.854.1300 Her work focuses on organizational "power skills" to assist 1233 Sandpiper I Corpus Christi,TX 1 78412 organizations in assessing,adapting, and achieving success. www.3ddresults.com CITY OF CORPUS CHRISTI Submit Date: Feb 17, 2023 Application for a City Board, Commission, Committee or Corporation Profile Jennifer Lira First Name Last Name Email Address 2018 Hyacinth Drive Street Address Corpus Christi TX 78413 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? 20+ Home: (361) 726-8413 Business: (361) 844-5243 Primary Phone Alternate Phone Government& Public Affairs CITGO__ __.__ _ _ _ _ __-- Manager Employer Job Title Work Address - Street Address and Suite Number 802 N Carancahua Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78401 lonnifor I irn Work Phone 361-844-5243 Work E-mail address jperel3@citgo.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Education: Sinton HS, Del Mar College, TAMUCC Community Activity: United Corpus Christi Chamber Board Member, Member of Corpus Christi Community Advisory Council, active community volunteer Why are you interested in serving on a City board, commission or committee? I believe it's a privilege to have a voice in shaping this community. Corpus Christi is where I CHOOSE to live and work and raise my family. With that choice comes a desire and responsibility to be a part of the forward progression in growing the city, by recognizing and capitalizing on its potential for better business, tourism, and workforce opportunities. 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? (.- Yes r No lonnifnr I irm 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 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 lonnifar I irn If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above 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 lonnifar I irn 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 lonnifor I irn CITY OF CORPUS CHRISTI Submit Date: Feb 17, 2023 Application for a City Board, Commission, Committee or Corporation Profile Mark Meyer First Name Last Name Email Address 465 Miramar Place Street Address Corpus Christi TX 78411 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? 45 Mobile: (361) 815-8237 Business: (361) 653-5015 Primary Phone Alternate Phone President South Texas Region (Corpus Christi and area American Bank _-„ _ communities) Employer Job Title Work Address- Street Address and Suite Number 800 N. Shoreline, Suite 100 South Work Address- City Corpus Christi Work Address - State Texas Work Address -Zip Code 78466-6469 KAnrl/ Knox/or Work Phone 361-653-5015 Work E-mail address markm@americanbank.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? r• Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: None at this time Education, Professional and/or Community Activity (Present) BBA-Finance University of Texas Various professional and nonprofit development schools and seminars If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Corpus Christi Convention and Visitors Bureau Why are you interested in serving on a City board, commission or committee? It is an opportunity to serve the community that I care about greatly and use my experience to support their mission of growing the Convention and Tourist related businesses and industries. I see so much potential for our City and surrounding areas to continue to grow as a unique and special destination. Additionally, I was asked to serve the City by serving on CC Airport Board during which time we planned, designed, funded, and built the current"new" airport facility. It was there that I learned to work as team with the City, Board, Airport Management, and Federal and Political Officials to bring the project to our city. It was also during this time we were able to demonstrate that the then current control tower had to be replaced with a new control tower to be located in a safe location that would allow for future expansion to meet the needs of personal, business and tourism travel. I see this experience of learning to work together on these projects and my broad business experience in Corpus Christi as depth and experience that I can bring to the Corpus Christi Convention and Visitors Bureau. Lastly, I see this as an area that I can work with others to truly make a difference that will make our Citizens past and present proud of their City and Hometown. 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 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 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 nnnrU Maxnar Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes (-. No If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. NA Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? (� None of the above Verification hAnrl- Max/inr 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 nnarL- nnoxior CITY OF CORPUS CHRISTI Submit Date:Jan 31, 2023 Application for a City Board, Commission, Committee or Corporation Profile Mr. Jason Page Prefix First Name Last Name Email Address 3515 Floyd Street Street Address Corpus Christi TX 78411 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? 38 Mobile: (361) 688-6601 Business: (361) 589-9050 Primary Phone Alternate Phone Self Employed Phot000rapher --_ Owner/_Principal_- Employer Job Title Work Address - Street Address and Suite Number 1001 Blucher St Work Address- City Corpus Christi Work Address- State - TX Work Address-Zip Code 78401 AAr lncnn Dano Work Phone 3615899050 Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: I do not currently serve on any other board, commission, or committee. Education, Professional and/or Community Activity (Present) Currently involved with the American Advertising Federation, Affiliate with the Corpus Christi Association of Realtors, If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Planning Commission Convention &Visitors Bureau Why are you interested in serving on a City board, commission or committee? I am a fourth generation Corpus Christian raising a fifth generation and want to be able to be more involved in making Corpus Christi a better place for everyone. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r: No hAr lacnn Dano 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 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 hAr lncnn Dorno Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r' No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r Yes r No Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a registered voter? r Yes r No Verification KAr lncnn Dnrro 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 1 am elected or appointed to the position which I seek. 1 hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree KAr lncnn Dano JASON PAGE 715 S. Tancahua Corpus Christi,Texas 78401 1 361-589-9050 I http:IZjasondavidpage.coin SUMMARY Freelance photographer with experience in digital and film, as well as medium format photography.Available 24 hours a day. Specialty equipment can typically be ordered in overnight for time critical projects. Currently searching for architects, commercial builders, industrial builders and Realtors who are interested in upping their marketing game with quality photography Experienced: Photojournalism, Events, Weddings, Portraiture, Corporate Identity& Headshots, Real Estate, Product & Food,Commercial Promotional EXPERIENCE JASON PAGE FREELANCE PHOTOGRAPHER 0312010 - Present Owner,Principal I am the principal photographer and am responsible for the day-to-day operations as well as marketing and customer satisfaction. I have built up one of the best-known names for wedding photography in the South Texas area, and pride myself on handmade images, limited bookings and one-on-one client contact. I also have become the leader in Real Estate photographer for several local agencies and top agents in the Corpus Christi metro area, and provide these agents with superb images to help market their listings more effectively,while reducing the initial listing workload. HOEGEMEYER'S BARBEQUE BARN 01/2013 - Present Business Development Responsible for the ongoing acquisition and cultivation of new customers and ongoing clients. Created long range forecasts based on current and past sales data and targeted marketing efforts to help secure these goals. Used multiple paths of marketing to brand business as a destination for barbeque in the Coastal Bend. SOUTHERN TECHNICAL CONTROL 03/2012 - Present Inventory&Production Management Consultant I currently consult with the company management regarding their Inventory and Production. Inventory Management-I have developed a best practices workflow and worked with the employees responsible for purchasing and inventory to better their skills at tracking inventory as it is ordered, entered into their system, and sent out. I have also worked on streamlining their accounting system to remove duplicate inventory items and create items that didn't exist. Production Management- I have worked with the management to implement a series of methods for tracking production, both in the product manufacturing and field service aspects of the business. I have implemented various in-house databases to help the company keep track of their current and past production SOUTHERN TECHNICAL CONTROL 1012008 - 0312010 Purchasing Manager Handled inventory levels, bought and sold obsolete and used parts, part repairs, sourced parts for 20+ field service personnel,billed parts used on various projects as well as estimated parts to be used on projects. NUECES STONE QUARRY 1012006 - 0112008 Manager Managed all aspects of the business including inventory, product sourcing, commercial and residential accounts, employees and bookkeeping. EDUCATION TEXAS A&M UNIVERSITY-CORPUS CHRISTI 2002 - 2006 None, GIS/Geomatics GIS/Geomatics Club Research Assistant on Aerial Imaging System RICHARD KING HIGH SCHOOL 1998 - 2002 High School Diploma German Club Student Council Senior Council Academic Decathlon CISCO/CCNA Training HONORS Eagle Scout Award CERTIFICATIONS OFFSHORE WATER SURVIVAL HUET 0212014 Falck Safety Services(US) SAFELANDUSA 0212014 PEC Safety License:PEC100474939 SAFEGULF 0212014 PEC Safety License:PEC100474939 TWIC 1212015 1212020 Transportation Security Administration (TSA) LANGUAGES • German • English PUBLICATIONS THE BEND MAGAZINE 0612014 Gemstone Media, LLC / Jordan Regas Authors: Jason Page http://issuu.co mZthebendmag/docsltb_06_14_on line/5?e=11308897/8089670 This was a very last minute shoot that I couldn't refuse. When else can I invite Roger Creager to visit our family's barbeque place AND get to photograph him with his dad? I said yes immediately! We photographed Roger and his dad enjoying an ice cold beer and having a good of time. Then we got a few posed and natural/candid shots of the two of them against some 200 year old doors and a 60 year old but with the Texas flag painted on the side. THE ONE BRIDE GUIDE 0612014 McCleod Creative Authors: Jason Page - http://www.theonebrideguide com/magazine/Voll_Issue2/TheOne_Vol7Issue2_Finat_web pdf I had the pleasure of coming up with a session with one of my brides to help tie in The One's issue theme, "A Pop of Color". I wanted to literally bring that pop to the cover by including brightly colored, 24"balloons. Natural makeup was provided by Kayla Alvarez and hair was done by Shear Illusions. ZOMBSHELLS!!! 2013 ZOMBIE CALENDAR 1012012 Self Published Authors:Jason Page http://photos.iasondavidpage.com/zombshells This collaborative effort features eleven zombie models and even includes a centerfold. Photography, Design & Layout by Jason Page, Makeup &Hairstyling by Ashle Riff, Lead Model Amanda Ramirez (aka Mandi Mayhem). Each calendar is 9x12 printed on glossy paper and includes a single hang-hole. SOUTH TEXAS WEDDINGS MAGAZINE 07/2011 STWM-July 2011 • Authors:Jason Page,Joanne Klein For this issue of the South Texas Weddings Magazine, I performed the issue's multipage layout and creative design. I also was responsible for the cover photography. 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? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) 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 r'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 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) r'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? V Restaurant Industry Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX (For Port of CC) Are you a resident of the Port Authority district and an elector* of Nueces County? Yes r No Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX (For Port of CC) Have you been a resident of Nueces County for at least 6 months? r Yes r No Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r• Yes r No Question applies to CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT The Corpus Christi Downtown Management District must include representatives from certain categories. Do you qualify for any of the following categories? V Stock Owner Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a registered voter? t: 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? V General Contractor ('hric A Donn Question applies to CAPITAL IMPROVEMENTS ADVISORY COMMITTEE The Capital Improvement Advisory Committee must include representatives from certain industries. Do you qualify for any of the following industries? " W Development\, Question applies to CAPITAL IMPROVEMENTS 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 r'hric A Donn Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. 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 (`hric 4 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, TexasIGOM 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 SIMCPS 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 SIMC PS 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 Pjpelines HSE Lead Houston, Texas&Gulf of Mexico My roles and responsibilities are as followed but not limited to: 0 Assisted the business group with HSE verbiage for RFQ's and agreements PAGE 12 ■ Wrote all project HSE documents for the execution phases ■ Performed as a document controll gatekeeper for all project related documents ■ Coordinated the teams and led the audits both onshore and offshore locations. ■ Championed and implemented our training philosophies and tools at the worker level ■ Tracked and trended metrics to mitigate gaps identified Chevron Deep Water 2017 - 2018 Bigfoot Hook up and Commissioning HSEAdvisor Ingleside, Texas& Gulf of Mexico My roles and responsibilities are as followed but not limited to: ■ Lead the following training regimens: o New hire orientation o Incident and injury Free o Human Performance ■ Actively sought out worker feedback to resolve issues enabling a more cohesive project team ■ Championed implementation of human performance philosophies and tools at the worker level ■ Lead daily pre-task safety discussions with all crafts to enable proper planning and hazard recognition and mitigation Shell Pipeline Company 2014-2016 Amberjack Debottleneck Project HSSE Lead Houston, Texas As the project HSSE Lead my responsibilities were to manage safety for the Amberjack Debottleneck Project. ■ Worked with Contractor project management teams to review required HSE deliverables ■ Performed as a technical writer formulating all project HSE documents ■ Conducted Green banding which also included documentation and site inspections in order to procure the best/safest contractors available. ■ Managed the team of 10 safety coaches at various on/offshore based locations. ■ Managed the projects monthly safety metrics. Chevron Pipe Line 2012- 2014 lack&St.Malo Oil Export Pipeline HSE/Site Safety Leadership Team Lead Houston -Gulf of Mexico While at field locations my role enabled me to: ■ Visited contractor worksites both onshore and offshore to conduct routine worksite assessments. ■ Compiled jobsite inspections in addition to audit findings and incident root cause analysis to identify HES management system gaps or compliance issues or safety leadership behavior opportunities of improvement. ■ Coordinated and participated in CHESM inspections and audits both onshore and offshore. ■ Facilitated the below training for the Jack&St,Malo Oil Export Pipeline project: o IIF Trainer o Hazard Identification Wheel o Tenets of Operation o Project Onboarding TRAINING CRISIS MANAGEMENT AND PR TRAINED-HUMAN PERFORMANCE TRAINER'(STS)SAFETY TRAINED SUPERVISOR -(COSS) CERTIFIED OCCUPATIONAL SAFETY SPECIALIST NINCIDENTAND INIURYFREE(IIF)TRAINER N ADVANCED SAFETYAUDIT TRAINED 'SAFETY SUPERVISOR LEADER-OSHA(10)&(30)HOUR COURSEN MEDICFIRSTAID&CPR IFINDUSTRIAL HYGIENE-HAZ MATERIAL-HUMAN PERFORMANCE TRAINER -Y-TREE ACCIDENT INVESTIGATION "SHELL TAPROOT-SHELL DECISION POINT TRAINING-FIVE WHYACCIDENT INVESTIGATION TRAINED-IMPLEMENTATIONANDAUDIT OFHSE MANAGEMENT SYSTEMS'MEDIC FIRSTAIDTRAINED -RESPIRATORY PROTECTION -ADOBEACROBAT•VIZIOTECHNICAL- EMERGENCY PIPELINE RESPONSE TECHNICIAN,ENCOMPASS-OSHA HAZMAT ZRCA 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 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? 5 Home: (361) 429-8587 Home: (361) 429-8587 Primary Phone Alternate Phone Reemp DSD Inc__ _ - _ OWNER/P-RESIDENT 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 KADQ QA(-1-4M AA DITTKAAnI Work Phone 3614298587 Work E-mail address REEMPDSDPa GMAIL.COM Preferred Mailing Address 9 Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: 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 r No KADCZ DA( WP:l AA 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 KADC DOr'WM KA DITTAAAnI If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above 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 AAMC DA('I—ID1 KA 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. 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. 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 NADC DAr'I-IDI KA DITTKADnI CITY OF CORPUS CHRISTI Submit Date: Aug 10, 2022 Application for a City Board, Commission, Committee or Corporation Profile Mr. Timothy Weitzel Prefix First Name Last Name Email Address 3934 Sandy Hollow Drive Street Address Corpus Christi TX 78410 City State Postal Code What district do you live in? W District 1 Current resident of the city? r: Yes r No If yes, how many years? 20 Mobile: (361) 876-9110 Mobile: (361) 413-3270 Primary Phone Alternate Phone Rental Xpress _ _- IT Director Employer Job Title Work Address- Street Address and Suite Number 5004 Wilderness Cove Work Address - City Georgetown Work Address - State TX Work Address -Zip Code 78633 hAr Timr-ithw \Noit-7ol Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Some college credits, Del Mar College. IT Director Business Owner President of the local chapter for the Barbershop Harmony Society If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Parks and Rec Library Housing Why are you interested in serving on a City board, commission or committee? I need to be the change I want to see.There is a lot of potential in Corpus Christi and I feel the best way I can help is to lead by example. I'm a resident, business owner, father, and a man of moral values. I believe serving on a board, commission or committee is a good start to helping push our City towards success. Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r•' Yes r No Demographics Gender W Male Code of Ethics- Rules of Conduct/Conflicts of Interest AAr Timnthxi\Ahait-7ol Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r• No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r• No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse,your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO"to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? 9 None of the above AAr Timnth%i M/nit-7ol Question applies to LIBRARY BOARD The Library Board preferred representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to HOUSING AUTHORITY Are you a Housing Authority Resident? r Yes r No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree AAr Timnthw \A/oit-7ol Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless 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. Pr I Agree hAr Timnthxi Mhnit-7ol CITY OF CORPUS CHRISTI Submit Date: Feb 15, 2023 Application for a City Board, Commission, Committee or Corporation Profile Mikell West First Name Last Name Email Address 4206 Pecan Valley 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? 31 Mobile: (361) 215-8487 Business: (361) 698-5200 Primary Phone Alternate Phone Bandas_Law Firm,_PC __ __ Attorney Employer Job Title Work Address-Street Address and Suite Number 802 N. Carancahua, Suite 1400 Work Address- City Corpus Christi Work Address- State Texas Work Address-Zip Code 78401 KAiVall XAioct Work Phone 361-698-5200 Work E-mail address mwest@bandaslawfirm.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Degrees in Political Science and Law. Practicing attorney in Corpus Christi since 2009. My wife and I were foster parents from 2016 to 2019 when we adopted two of our placements. I am a member of the Knights of Columbus charitable organization. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) 1. Commission on Children &Youth;2. Convention &Visitors Bureau; 3. Parks and Recreation Why are you interested in serving on a City board, commission or committee? I was born and raised in Corpus Christi and my wife and I have 6 kids who are growing up here and I'd like to see what we can do to help the community. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes � No nniUoii XAiocr 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 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 nniUon Miacr 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 do not actively represent any person or organization in a claim or lawsuit involving the city, but other members of the law firm at which I work might. Board-specific questions (if applicable) Question applies to CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION LOAN REVIEW COMMITTEE The CCCIC/Loan Review Committee must include representatives from certain categories. Do you qualify for any of the following categories? 9 Legal 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? q 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 Adult At-Large nnil.on %Aioct 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. (� 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. P 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 Mikell West 802 N. Carancahua, Suite 1400, Corpus Christi, Texas 78401 (361) 698-5200 • mwest@bandaslawfirm.com PROFESSIONAL LICENSES State Bar of Texas, May 2009 U.S. District Court, Southern District of Texas, November 2012 U.S. District Court,Western District of Texas, May 2017 U.S. District Court, Eastern District of Texas, December 2017 United States Court of Appeals for the Fifth Circuit, March 2021 United States Court of Appeals for the Ninth Circuit, January 2023 LEGAL EXPERIENCE Bandas Law Firm, P.C., Corpus Christi, Texas, Managing Attorney: June 2022-present;Attorney: June 2020-present Gault,Nye& Quintana, LLP, Corpus Christi, Texas, Partner: 2017-June 2020; Senior Associate: 2015 —2016;Associate: May 2011- 2014; Contract Attorney: January 2010-April 2011 Vidaurri,Lyde, Gault, & Quintana, LLP, Corpus Christi, Texas Contract Attorney: November 2009-December 2009; Legal Clerk: October 2009 United States Court of Appeals for the Fifth Circuit, San Antonio, Texas Intern for Judge Emilio Garza: Fall 2007 St. Mary's University School of Law, San Antonio, Texas Teaching Assistant for Legal Research and Writing class: Fall 2007, Spring 2009 45th District Court, San Antonio, Bexar County, Texas Intern for Judge Barbara Nellermoe: Summer 2007 PROFESSIONAL ASSOCIATIONS American Association for Justice Texas Trial Lawyers Association State Bar of Texas Corpus Christi Bar Association Litigation Section Texas Aggie Bar Association Insurance Section Computer&Technology Section EDUCATION St. Mary's University School of Law, San Antonio, Texas Juris Doctor, May 2009 Texas A&M University, College Station, Texas Bachelor of Science, May 2006 PROFESSIONAL ACCOLADES Bend Magazine—Top Attorneys—Personal Injury, 2022 National Trial Lawyers—Top 100 Million Dollar Advocates Forum- Member COMMUNITY INVOLVEMENT Corpus Christi Area High School Mock Trial,Advisor 2019-2020 St. John Paul II High School Team Corpus Christi Area High School Mock Trial, Judge 2010-2022 Knights of Columbus Texas State Council Legal Affairs Committee 2013-present Diocesan Deputy—Diocese of Corpus Christi, Texas 2014-16 District Deputy, District 140—Corpus Christi, Texas 2012-14 Grand Knight, Council 1202—Corpus Christi, Texas 2011-12 Foster Parent 2016-2019 City of Corpus Christi 1201 Leopard Street / Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Tuesday, February 28,2023 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 11:36 a.m. B. Invocation to be given by Bishop, C.E. Richardson Sr., Calvary First Baptist Church. Bishop C.E. Richardson Sr., Calvary First Baptist Church, gave the invocation. 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. Sydney Quimby, Senior at Carroll 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. 23-0408 Recognition of Dr. H.0 Dilworth Park Monument Dedication - Nadia Chandler-Hardy, Assistant City Manager City Manager Peter Zanoni recognized the Dr. H.C. Dilworth Park Monument Dedication ceremony that was held on February 18, 2023. Assistant City Manager Nadia Chandler-Hardy presented information on the Dr. H.C. Dilworth Park Monument Restoration as follows: Dr. H.C. Dilworth Park, 2723 Easley Dr.; previous condition; work in progress, Fall 2022; current condition; and rededication City of Corpus Christi Page 1 Printed on 3/3/2023 City Council Meeting Minutes February 28,2023 ceremony, February 18, 2023. Assistant City Manager Chandler-Hardy stated Bishop C.E. Richardson Sr., Calvary First Baptist Church and Boy Scouts of America Troop III were instrumental to restoring the monument. 2. 23-0409 Overview of Padre Island National Seashore's Beach Management Plan Development- Dan McGinn, Director of Planning Director of Planning Dan McGinn presented information on the Padre Island National Seashore Beach Management-Plan Development as follows: National Park Service; regional beach jurisdiction; Padre Island National Seashore; beach management plans; beach management plan topics; and next steps. Council Members and City Manager Peter Zanoni discussed the following topics: a Council Member's request for the City to work with Nueces County (Beach Advisory Committee Parks Board) on this plan; the community supports open beaches; a Council Member's request that the City take a position against restricting vehicular access to beaches; and a Council Member's request to include local stakeholders in discussions to weigh in on effects on tourism and visitors. 3. 23-0410 FY 2023 1st Quarter Budget and Financial Report City Manager Peter Zanoni presented information on the FY 2023 First Quarter Budget and Financial Report as follows: presentation overview; general fund revenues; general fund expenses; FY 2023 budget initiatives (all funds); HOT tax revenue; water fund revenues and expenses; wastewater fund revenues and expenses; Capital Improvement Program; quarter summary; and next steps. Council Members and City Manager Zanoni discussed the following topics: a Council Member's request for the list of projects and construction completion dates for Bond 2020; a Council Member's request to include outstanding debt obligations on the city's website; and a Council Member's request for a report on the HOT revenue impact of short-term rentals. F. PUBLIC COMMENT Mayor Guajardo opened public comment. The following citizens spoke in support of Item 18: Linda Gibeaut, 410 Southern St., Anisa Bevly Beal, 220 FM 665 Rd., Angela Powell, 1709 Amazon Dr., Ronald Smith, 517 Bermuda Place, Melissa Nucete, 6530 Peacock Dr., Lisa Bockholt, 1411 E FM 1717, and Elizabeth Oreck, 5001 Angel Canyon Rd. The following citizens spoke against COVID vaccine requirements to obtain employment, specifically with the fire department: Shawn Flanagan, 4218 Herndon St., Dara and Michael Rittgers, 5918 South Oso Parkway, Victoria Holland, 235 Ohio Ave., Pat Craig, City of Corpus Christi Page 2 Printed on 3/3/2023 City Council Meeting Minutes February 28,2023 5925 Tapestry Dr., and Samuel Fryer, 2222 Cardinales Lane. Jennifer Scott, 138 Richard St., asked for council to reappoint her and Olivia Allan to the Committee for Persons with Disabilities, and recommended the new appointments of Kelsey M. Dahlbeck, Sandra Flores, and Ashley Voggt. Dustin Cronan, 5026 Yorktown Blvd., spoke about progress on autism awareness. Adam Rios, 7301 Tangled Ridge Court, proposed to refurbish Salinas Park into a BMX Park. Kathy Werner, 518 Peerman Place, invited all Council members to the courthouse on Thursday, March 2 from 1:00 p.m. to 2:00 p.m. for a Texas Independence Day celebration. Rachel Caballero, 522 Hancock Ave., spoke about the lack of council attendance at the CC Polymers permit renewal hearing last week. John Weber, 609 Naples St., read the City's mission statement and spoke about an issue with city staffs comments at the CC Polymers meeting last week. Melanie Gomez, 3902 Willow St., asked the Council to reappoint Jennifer Scott and Olivia Allan to the Committee for Persons with Disabilities, and recommended the new appointments of Kelsey M. Dahlbeck, Sandra Flores, and Ashley Voggt. Shirin Delsooz, 6030 Tapestry Dr., spoke about how bike paths could help improve public health. Melissa Zamora, 454 Louisiana Ave., requested an update on the drought contingency plan listening sessions, CC Polymers meeting last week and the oil spill cleanup status. The following citizens submitted written public comments which are attached to the minutes: Jarvis Amaya, 4413 Mount Vernon Dr.; Imelda Vela, 4413 Mount Vernon Dr.; Lisa Castaneda, 4410 Shaw St.; Bertha Castaneda, 4410 Shaw St.; and Sylvia Salyer, 362 Merrill Dr. 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) Mayor Guajardo referred to Item 4. Animal Care Advisory Committee: Reinstated: Jarvis J. Amaya and Michele King City of Corpus Christi Page 3 Printed on 3/3/2023 City Council Meeting Minutes February 28,2023 Appointed: Diana L. Cardenas, Roland Dominguez, and Jackie McCollough Committee for Persons with Disabilities: Reappointed: Olivia L. Allan and Jennifer Scott Appointed: Kelsey M. Dahlbeck, Sandra L. Flores, and Ashley P. Voggt Corpus Christi Downtown Management District: Appointed: Ben Molina (Agent, Employee, Tenant) and Adrienne M. Trevino (Agent, Employee, Tenant) H. EXPLANATION OF COUNCIL ACTION: I. CONSENT AGENDA: (ITEMS 5 - 12) Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. No Items were pulled for individual consideration. A motion was made by Council Member Barrera, seconded by Council Member Hernandez to approve the Consent Agenda. The motion carried by the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 5. 23-0357 Approval of the February 21, 2023 Regular Meeting Minutes. The Minutes were approved on the consent agenda. 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). This Ordinance was passed on second reading on the consent agenda. Enactment No: 032990 General Consent Items City of Corpus Christi Page 4 Printed on 3/3/2023 City Council Meeting Minutes February 28,2023 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. This Resolution was passed on the consent agenda. Enactment No: 032991 8. 23-0266 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. This Resolution was passed on the consent agenda. Enactment No: 032992 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. This Resolution was passed on the consent agenda. Enactment No: 032993 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. This Ordinance was passed on first reading on the consent agenda. 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. This Ordinance was passed on first reading on the consent agenda. City of Corpus Christi Page 5 Printed on 3/3/2023 City Council Meeting Minutes February 28,2023 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). This Ordinance was passed on first reading on the consent agenda. J. RECESS FOR LUNCH Mayor Guajardo recessed the Council meeting for lunch at 2:18 p.m. Mayor Guajardo reconvened the meeting at 2:54 p.m. K. PUBLIC HEARINGS: (None) L. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 13 - 19) 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. Mayor Guajardo referred to Items 13-15. There were no comments on Items 13 or 15. Council Member Pusley made a motion to approve the motions, seconded by Council Member Hunter. These Motions were 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 Enactment No: M2023-029 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. Mayor Guajardo referred to Item 14. Council Members, City Manager Peter Zanoni, Assistant Director of Finance and Procurement Josh Chronley, Assistant Director of Solid Waste Operations Philip Aldridge, and City Attorney Miles Risley discussed the following topics: in the event of a City of Corpus Christi Page 6 Printed on 3/3/2023 City Council Meeting Minutes February 28,2023 storm, the City's first priority is clearing debris from roadways for public safety, followed by filing for reimbursement from Federal Emergency Management Administration (FEMA); if there is no reimbursement from FEMA, then the taxpayers pay the entire amount; there must be a disaster declaration before these services can be used; and a Council Member's request for the City to collaborate with the county for better pricing options. Council Member Pusley made a motion to approve the motion, seconded by Council Member Hunter. 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 Enactment No: M2023-030 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. See Item 13. 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 Enactment No: M2023-031 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. Mayor Guajardo referred to Item 16. Assistant Director of Development Services Michael Dice presented information on the following topics: purpose of project; impact fees; master planning and impact fee study contract; additional service request No. 2; and staff recommends approval. Council Members, City Manager Peter Zanoni, and Assistant Director of Development Services Dice discussed the following topics: Pape-Dawson Engineers, Inc. is requesting 20 additional meetings with the Capital Improvement Advisory Committee City of Corpus Christi Page 7 Printed on 3/3/2023 City Council Meeting Minutes February 28,2023 (CIAC); the first change order was to include additional work for storm water; staffs goal is to have this project complete by the end of the year; and all committee members have been attending all meetings. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Pusley made a motion to approve the motion, seconded by Council Member Hunter. 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 Enactment No: M2023-032 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. Mayor Guajardo referred to Item 17. Director of Neighborhood Services Linda Stewart presented information on the following topics: spay and neuter services (RFQ); scope of work; formal procurement process; evaluation matrix; and proposed award amounts. Council Members, Director of Neighborhood Services Stewart, Assistant Director of Finance and Procurement Josh Chronley, City Manager Peter Zanoni, and Animal Care Services Program Manager Joel Skidmore discussed the following topics: the vendor is required to report how many surgeries are performed in which zip codes and what the outcomes are; the importance that staff manage the contracts to ensure contract terms are met; Animal Care Services Program Manager Skidmore and staff will work with the Contract Manager to discuss what requirements the vendors will have and how to track them; some auditing will be conducted on the surgeries; any additional request for funding would have to be approved by the Council; a Council Member's concern that pet owners should be responsible for paying for their pets' vaccinations and surgeries and not taxpayers; a Council Member would like to see statistics of how this program is helping reduce stray animals; the cost to spay or neuter an animal is about $35 to $100; getting a male dog neutered helps reduce aggressive behavior; stray animals are an ongoing problem and staff needs to provide more education to the public; a Council Member suggested redirecting funds from water and gas marketing to animal care; and City of Corpus Christi Page 8 Printed on 3/3/2023 City Council Meeting Minutes February 28,2023 staff will bring an analysis to Council on the stray population. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Hunter made a motion to approve the motion, seconded by Mayor Guajardo. 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 Enactment No: M2023-033 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. Mayor Guajardo referred to Item 18. Council Members, Director of Neighborhood Services Linda Stewart, Assistant City Attorney Gabriel Rodriguez, City Attorney Miles Risley, and City Manager Peter Zanoni discussed the following topics: a Council Member's issue with the $100 annual intact permit; the purpose of this permit is to create a consequence for those who are not responsible pet owners; the lack of a permit will be a criminal offense; feeding feral cats and dogs for more than three days is considered ownership of that animal; a Council Member's concern that passing these ordinances could increase the workload of Animal Care Services; and a Council Member's request that staff bring to Council three to five different intact permit fee options. Council Member Pusley made a motion to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Nay: 1 - Council Member Hernandez Abstained: 0 19. 23-0349 Resolution to support legislation to grant access to state financing incentives to City of Corpus Christi Page 9 Printed on 3/3/2023 City Council Meeting Minutes February 28,2023 expand or improve the American Bank Center and surrounding property. Mayor Guajardo referred to Item 19. Assistant Director of Aviation Elsy Borgstedte and Rob Hunden presented information on the following topics: background and benchmarks; recommendation; existing PFZ legislation; the zone; the amount and revenue; authorized use; 3-mile project finance zone; Corpus Christi PFZ performance; and incremental state revenues generated within 3-mile PFZ. Council Members, Assistant Director of Aviation Borgstedte, City Manager Peter Zanoni, Senior Intergovernmental Relations Coordinator Wendy Herman, Partner and President of Focused Advocacy Brandon Aghamalian, CEO of Hunden Strategic Partners Rob Hunden, and Partner with McCall, Parkhurst & Horton Clay Binford discussed the following topics: the $64 million incremental cumulative is over the course of 30 years; the $64 million was the most conservative estimate and did not estimate many new hotels; this financing will allow the City to make improvements to existing facilities at the American Bank Center; there are proposals to make modifications to this current legislation; the state provides funding for convention centers; a Council Member's request to ensure that 100 percent of the mixed beverage sales tax is going to the state; the funds in the program can be used to pay off bonds or other obligations, and can also be used to incentivize a hotelier; possible use of the funding to make improvements to Heritage Park; and Corpus Christi is the fourth city in Texas to take advantage of this funding. Mayor Guajardo opened public comment. There were no comments from the public Mayor Guajardo closed public comment. Council Member Pusley made a motion to approve the resolution, seconded by Council Member Barrera. This Resolution was passed and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Absent: 1 - Council Member Hunter Abstained: 0 Enactment No: 032994 M. BRIEFINGS: (None) N. EXECUTIVE SESSION: (None) O. ADJOURNMENT City of Corpus Christi Page 10 Printed on 3/3/2023 City Council Meeting Minutes February 28,2023 There being no further business, Mayor Guajardo adjourned this meeting at 4:21 p.m. City of Corpus Christi Page 11 Printed on 3/3/2023 Written Public Comment 2-28-2023 1 Public Comment&Input Farm Date of Meeting 2/28/2023 Name Jarvis Amaya Street Address:4413 MOUNT VERNON DR Address City:CORPUS CHRISTI State/Province:TX-Texas Postal/Zip Code:78411-4007 Topic Animal Ordinances Agenda Item Number public comment Hello I have been in animal rescue/advocacy for over ten years.I agree with the proposed pet store ban on selling bred animals and only having animals from the local shelter or rescue groups but I believe the spay and neuter ordinance as written will have unintended consequences.Forcing people with the threat of heavy penalty isn't the answer but rather it is making it affordable DescrltE Feedback: and accessible to the populace.This is the position of many large organization such as American Pets Alive,ASPCA and Humane Society of the US.We have a large population thats either living in poverty or elderly or both.We dont have enough low cost vets for the amount of need we have here.Most of the regular vets are booked for months out and will charge a premium to get in sooner.The focus should be on people who are deliberately breeding not those already struggling to make ends meet.As written the underserved will be the most negatively affected. Provide an email to receive a copy of your iarvis.amava@amail.com submission. 2 Public Comment&Input Form Date of Meeting 2/28/2023 Name Imelda Vela Street Address:4413 MOUNT VERNON DR Address City:CORPUS CHRISTI State/Province:TX-Texas Postal/Zip Code:78411-4007 Topic Animal Ordinances Agenda Item Number Animal Ordinances Hello My husband and I are in our late 70s.We have several friends who are elderly as well who are shut ins.This ordinace will disproportionately hurt the poor and elderly.We have had to wait Describe Feedback: several months to get animals fixed in the past.For someone on a fixed income$100 fee is a huge burden and$500 fine would absolutely devistate us.I urge the council to vote no on this ordinace.The focus should be on the breeders doing it deliberately not people scraping to make ends meet! Provide an email to receive a copy of your velaimelda62CEDzmail.com submission. 3 Public Comment&Input Form Date of Meeting 2/28/2023 Name Lisa Castaneda Street Address:4410 Shaw St. Address City:Corpus Christi State/Province:Texas Postal/Zip Code:78416 Topic Animal Ordinances Agenda Item Number General Public Comment I don't think the City has the right to mandate all pet owners to spay and neuter their pets. That's like telling people they have to sterilize their human children.I understand we have a huge stray problem here,but that's not the answer.We need to have stricter laws regarding breeders.There are so many strays here.Its a huge problem.If the City does mandate this, the Describe Feedback: city needs to be prepared to offer financial assistance.I see so many FB posts asking for donations to help with vet bills.We need more programs like PAAC with more locations.Even at that low cost some people still can't afford it.Shelters are crowded as is,and if this mandate passes,people may be forced to surrender their pets and the shelters will be worse off.Make breeders pay yearly registration fees and higher fines for failing to abide. Provide an email to receive a copy of your IcastacocoCcDamail.com submission. 4 Public Comment&Input Form Date of Meeting 2/28/2023 Name Bertha Castaneda Street Address:4410 Shaw St. Address City:Corpus Chrusti State/Province:TX Postal/Zip Code:78416 Topic Animal Ordinances Agenda Item Number General Public Comment Describe Feedback: I do not feel that pet owners should be mandated to have their pets spayed or neutered. Sarah Brunkenhoefer From: Norma Duran Sent: Tuesday, February 28, 2023 10:51 AM To: Sarah Brunkenhoefer Subject: FW: [EXTERNAL]Public Input: 02-28-2023 - sylvia salyer Not sure if Mariah sent this one to you. From:Jotform <noreply@jotform.com> Sent:Tuesday, February 28, 2023 10:32 AM To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: [EXTERNAL]Public Input: 02-28-2023 - sylvia salyer [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. F]Public Comment & Input Form Date of Meeting 02-28-2023 Name sylvia salyer Address Street Address: 362 Merrill Drive City: Corpus Christi State/ Province:TX Postal/Zip Code: 78408 Topic Animal control Agenda Item Number Item 18 Describe Feedback: We live in Saxet Heights in the city of Corpus Christi we are concerned about the changes: Since All the wildlife to include: (possums, raccoons, rats, squirrels, bats, and others in the surrounding areas all the way from Robstown, Rockport, Portland, lets just say Nueces County, Kleberg, Bee county,Aransas County, and anyone or Any county who calls the wildlife rehabber, all the way to San Antonio are being brought to our neighborhood on the west side) , is being brought to yet again a sacrificial area of town. Who will pick up the pieces when this operation fails?? Joel Skidmore (ac) told me that she can release these from her home because they are indigenous to the Region, leaving our neighborhood with issues regarding a nocturnal jumanji scenario running a muck,fleas, etc. Animal control, continues to drop off animals in our neighborhood. I feel bad for her immediate neighbors as it smells worse than the Brownsville zoo on a hot summer day! It stinks ya'II! Uploads: Saxet Animals.pdf Screenshot 20230111-121816 Facebook.ipp, Screenshot 20230111-121935 Facebook.iPR Screenshot 20230117-110236 Facebook.iPR Screenshot 20230227-124348 Messenger.em Provide an email to receive a copy of your salyer_sylvia@yahoo.com submission. 2 Burning questions regarding our Saxet Heights neighborhood allowed operation in the city of corpus christi AND ITS CHANGES TO THE municode: Since All the wildlife to include: (possums, raccoons, rats, squirrels, bats, and others in the surrounding areas all the way from Robstown, Rockport, Portland, lets just say Nueces County, TX, Kleberg, Bee county,Aransas County, and anyone or Any county who calls the wildlife rehabber, all the way to San Antonio are being brought to our neighborhood on the west side) , is being brought to yet again a sacrificial area of town. Animal controls, Joel Skidmore, told me that she can release these from her home because they are indigenous to the Region, leaving our neighborhood with issues regarding a nocturnal jumanji scenario running a muck, fleas, etc. Animal control, continues to drop off animals in our neighborhood. I feel bad for her immediate neighbors, the children next door and the elderly man that live a immediately behind her, and they and many have called to complain falling on deafs ears, as it smells worse than the Brownsville zoo on a hot summer day! It stinks ya'll! Questions: Will the animal control proposed ordinance changes today assist in mitigating this type of operation in our neighborhood?? The animal control advisory board was non existent, can this adoption of ordinance be delayed to allow the new members a chance to look at the ordinance in order to bring more to the table instead of only puppy mill issues? Our NEIGHBOR (wildlife rehabber state certified) has a bacterial infection and is on a series of rabie shots (currently) as she was bitten by her raccoon at her home, what happened to the raccoon that bit her? Can the word " pets" be changed to "animals "on the CODE? Will her operation in saxet heights residential neighborhood prevent our neighbors from being affected? She moved in, we did not choose her operation to move in. We can not identify her animals, maybe her animals need to be tagged and tracked? She got sick all of a sudden we had skunks, then over 50 squirrels, many ending up dead because this was not their habitat? Honestly I hate what she is doing to herself, it's like juggling with knives. She was bit by her raccoon, and she has a bacterial infection. Her rats have pouches, and have to be released near Austin. Who will guarantee that this one person/not organization, will do that, there is no oversight. But when she goes down, who will step in to help? Will she release here in Saxet, leaving us the problems or like she did in her previous neighborhood?? Spring is Here and it's mating season for the skunks she released in October! 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 this the day of , 2023. 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 ! 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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 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 o� A PH v AGENDA MEMORANDUM WoRPORPg4 First Reading for the City Council Meeting of 3/7/23 1852 Second Reading for the City Council Meeting of 3/21/23 DATE: March 7, 2023 TO: Peter Zanoni, City Manager FROM: Dr. Fauzia Khan, Director of Public Health FauziaK@cctexas.com 361-826-7202 Ordinance authorizing execution of all documents necessary to accept $199,432 in additional grant funding for the Women, Infants and Children Nutrition Program (WIC) from the Texas Health and Human Services Commission for FY 2022-2023; and appropriating $199,432 in the Health Grant Fund. CAPTION: Ordinance authorizing execution of all documents necessary to accept $199,432 in additional grant funding for the Women, Infants and Children Nutrition Program (WIC) from the Texas Health and Human Services Commission for FY 2022-2023; and appropriating $199,432 in the Health Grant Fund. SUMMARY: The grant award is to be used to provide for items such as increased personnel costs, supplies, required state-mandated upgrades to customer experience, and training for WIC personnel to maintain up-to-date guidance and support for WIC clients within the jurisdiction of the Corpus Christi-Nueces County Public Health District (CCNCPHD). The previous grant award was $1,036,191. The amendment will increase the grant award by $199,432 for a total of$1,236,623 in grant funds. BACKGROUND AND FINDINGS: Texas WIC is a nutrition program for pregnant women, breastfeeding women, and families with children younger than five. Texas WIC helps improve the diets of infants and children as well as pregnant, postpartum, and breastfeeding women by providing monthly healthy food packages, nutrition counseling, education, and breastfeeding support. The Texas Health and Human Services Commission (HHSC) awarded an increase to an existing grant contract supplement for the WIC program that is operated by the CCNCPHD in the amount of$199,432. The award is a quarterly revision of the program's needs. These reviews are conducted quarterly by HHSC. The funding helps to maintain accreditation for peer counseling, registered dietitians, lactation services, lactation support center, and overall general administrative funding. The amendment will provide a total of$1,236,623 in grant funds. The funding accounts for the increases in personnel cost, mandated supplies, required state program upgrades to customer experience, and WIC-specific training. The grant authorizes 13 WIC positions. The WIC program is 100% grant funded and requires no match from the city. ALTERNATIVES: Refuse the grant amendment, and associated additional funds from HHSC, resulting in budget shortfalls for the WIC program. FISCAL IMPACT: No fiscal impact as the WIC program is 100% grant funded. The award includes an indirect cost allocation of 22.39% of direct salaries and wages to the City of Corpus Christi. Funding Detail: Fund: 1066 Health Grants paid by Department of State Health Services Organization/Activity: 831323F Mission Element: 106 Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Contract No. HHS000802100001 Ordinance Certification of Funds Ordinance authorizing execution of all documents necessary to accept $199,432 in additional grant funding for the Women, Infants and Children Nutrition Program (WIC) from the Texas Health and Human Services Commission for FY 2022-2023; and appropriating $199,432 in the Health Grant 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 $199,432.00 in additional grant funding from the Texas Health and Human Services Commission ("HHS") under Contract No. HHS000802100001 for the Women, Infants and Children Nutrition Program (WIC), for the period October 1, 2022, through September 30, 2023. SECTION 2. Funds in the amount of $199,432.00 are appropriated in Health Grants Fund 1066 for the Women, Infants and Children Nutrition Program (WIC). SECTION 3. The City Manager or designee (Director of the CCNCPHD) is authorized to execute any future amendments to the grant contract which extend the contract period or increase or decrease the grant amount. 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 1k 4� TEXAS Texas Health and Human Services Commission Health and Human Services Cecile Erwin Young Executive Commissioner January 24, 2023 Kathrine Galvan, WIC Director Corpus Christi - Nueces County Public Health District (City), LA# 38 RE: Revised Notice of Award Health and Human Services Commission (HHSC) Women, Infants and Children (WIC) Local Agency Contract #HHS000802100001 This is a notification of your organization's FY 2023 (October 1, 2022 to September 30, 2023) revised WIC Local Agency funding. Your organization will be receiving the funding listed below: 2Q FY2023 Current Reallocation Revised Funding Amount Project Total Project Project Contact M M M Estimated General Elsa Rodriguez Admin Funding* elsa.rod ria uez2(cbhhs.texas.aov $840,523 $139,432 $979,955 Peer Counselor Asia Sartor $84,468 $0 $84,468 asia.sartorC'�bhhs.texas.aov Registered Dietitian Stephanie Holland $42,000$42,000 $20,000 $62,000 Lactation Services Ngoc Huynh $7,200 $3,000 $10,200 nooc.huynh(bhhs.texas.aov Lactation Support Betzabel Botello Center betzabel.botello(ab hhs.texas.gov $0 $0 $0 Innovation Center Debbie Lehman $0 $0 $0 debbie.lehman(bhhs.texas.aov Dietetic Internship Melissa Mouton $0 $0 $0 melissa.mouton(abhhs.texas.gov SNAP-Ed Allison McAdow (NGO) $60,500 $0 $60,500 Nutrition on the Go allison.mcadowC�hhs.texas.gov SNAP-Ed Anna Garcia (HCP) $0 $0 $0 Health Care Providers anna.garcia(bhhs.texas.gov SNAP-Ed Anna Garcia (Peer Text) Peer Text anna.garcia(bhhs.texas.gov $0 $0 $0 P.O. Box 13247 • Austin,Texas 78711-3247 512-424-6500 hhs.texas.gov January 24, 2023 Page 2 SNAP-Ed Obesity Allison McAdow Prevention-NE allison.mcadow(abhhs.texas.aov $0 $0 $0 SNAP-Ed Anna Garcia Breastfeeding anna.garcia(Qbhhs.texas.aov $0 $0 $0 Extra Funding Beatrice Watson Summer Food beatrice.watson(abhhs.texas.aov $0 $0 $0 Program Extra Funding Tammye Farmer-Holloman $2,500 $0 $2,500 TXIN Internet tammve.farmerholloman@hhs.texas.gov Extra Funding Cash VElsa Rodriguez Value Benefit $0 $15,000 $15,000 Overtime CVB-OT elsa.rodriguez2(abhhs.texas.aov Extra Funding Doreen LaDuca Improving Participant doreen.laduca(abhhs.texas.aov $0 $10,000 $10,000 Experience Extra Funding Tammye Farmer-Holloman $0 $5,000 $5,000 Nutrition Education tammye.farmerholloman@hhs.texas.gov Extra Funding Tammye Farmer-Holloman $0 $7,000 $7,000 Other tammve.farmerholloman@hhs.texas.gov Other Projects Shirley Ellis $0 $0 $0 shirley.ellis(abhhs.texas.aov Total $1,037,191 $199,432 $1,236,623 *Actual General Administrative funding amount is accrued monthly based on Funding Formula Rate (FFR): $15.09 per participant plus any earned incentives. This notice does not relieve the aciencv from seekinci additional approvals as required by WIC Policy. For HHSC to track Local Agency expenditures, please submit a separate WIC invoice for reimbursement of actual allowable costs associated with each project. If the allocation amounts on special projects are exceeded, any subsequent amount billed will be charged to your administrative WIC Funding. For questions regarding purchase requests, please contact Belinda Saunders at belinda.saundersCd)hhs.texas.gov or WICLARequests(d)hhs.texas.gov. For questions or additional information regarding funding, please contact the assigned Project Contact listed in the table above or email the WIC Clinic Services Financial Liaison, Tammye Farmer-Holloman, at tammye.farmerholloman(a)hhs.texas.gov. Sincerely, 4!�;� C44� Edgar Curtis, Texas WIC Director P.O. Box 13247 • Austin,Texas 78711-3247 • 512-424-6500 • hhs.texas.gov January 24, 2023 Page 3 Health and Human Services Commission cc: Steve Viera, Interim Public Health Director P.O. Box 13247 • Austin,Texas 78711-3247 • 512-424-6500 • hhs.texas.gov Ordinance Ordinance authorizing execution of all documents necessary to accept $199,432 in additional grant funding for the Women, Infants and Children Nutrition Program (WIC) from the Texas Health and Human Services Commission for FY 2022-2023; and appropriating $199,432 in the Health Grant Fund. City Council March 7, 2023 Summary & Background Acceptance of the Revised Notice of Award for the Women, Infants and Children (WIC) Program which in the amount of $199,432 for contract: #HHS000802100001 • The grant award is to be used to provide for items such as increased personnel costs, supplies, required state mandated up-grades to customer experience and trainings for WIC personnel to maintain up-to-date guidance and support for WIC clients within the jurisdiction of the Corpus Christi- Nueces County Public Health District(CCNCPHD). • This amendmentwill increase the grant award by$199,432 for FY23 grant funding period. • Texas WIC helps improve the diets of infants and children as well as pregnant, postpartum, and breastfeeding women by providing monthly healthy food packages, nutrition counseling, education and breastfeeding support. City Council March 7, 2023 Fiscal Impact and Staff Recommendation Fiscal impact • No fiscal impact as the WIC program is 100% grant funded. • The previous grant amount was $1,036,191. • The notice of award will increase award by$199,432 to total $1,236,623 in grant funds. • The award includes an indirect cost allocation of 22.39% of direct salaries and wages. • The funding increase will not change current FTE levels. Staff Recommends Approval City Council March 7, 2023 so �o o� A v µoRPORPg4 AGENDA MEMORANDUM 1852 Public Hearing/First Reading for the City Council Meeting March 7, 2023 DATE: March 7, 2023 TO: Peter Zanoni, City Manager FROM: Daniel McGinn, AICP, Director of Planning DanielMc@cctexas.com (361) 826-7011 Public Hearing and Ordinance for voluntary annexation of 141.66 acres in the London Area CAPTION: Ordinance annexing approximately 141.66 acres of land, at or near the northwest end of London Pirates Road (formerly CR 33) and south of Oso Creek, into the territorial limits of the City of Corpus Christi per owner petition. SUMMARY: Upon request by the landowner/developer, V2 Ventures, LLC, this ordinance annexes approximately 141.66 acres of land that will be developed single-family residential lots located at the northwest end of London Pirates Road (formerly CR 33). Staff recommends approval of the annexation to support efficient land use where City utilities already exist and to exercise land use controls in this growing area of the community. BACKGROUND AND FINDINGS: Description of the Request Urban Engineering on behalf of the landowners (V2 Ventures, LLC) requested annexation of its land, approximately 141.66 acres located at the northwest end of London Pirates Road (formerly CR 33), south of Oso Creek, and north of the existing city limits. At full buildout, the developer plans to create 270 single-family units on 141.66 acres of the subject property with a proposed zoning of"RS-6" Single-Family 6 District. As required by State law for annexation, the annexation area is contiguous to the current City limit line which coincides with the southern and western boundary of the subject property. City Services to Subject Property The landowners have agreed to a Municipal Service Plan Agreement with the City and the City Manager is authorized by City Charter to execute the agreement. The subject property is within the City of Corpus Christi water certificate of convenience and necessity (CCN). A 48-inch water main runs through the northern portion of the parcel. The property will connect to City wastewater services. A six-inch gas line terminates near the southeast corner of the site. The proposed site contains a City master-planned collector street along with local classification roads within the subdivision. The developer will construct drainage improvements in accordance with the City Stormwater Master Plan for this area that was adopted by City Council in April 2017. The proposed development does not reach a threshold at which additional City police substations, fire stations, or City Library, Health, Animal Control, or Parks and Recreation services are needed. ALTERNATIVES: The City could choose to provide water service to the property by entering into an Outside City Limits water agreement without annexation; however, this would lead to another development purchasing City services without paying City taxes. FISCAL IMPACT: Constructing 270 residential dwellings at an average sales price of$590,000 per unit results in a neutral fiscal impact. Operating property tax revenues at buildout are estimated to be $616,200. The cost to serve is estimated at $586,100, resulting in a fiscal impact to the City's General Fund of$30,100 at a ten-year buildout. RECOMMENDATION: Staff recommends approval of the annexation to support efficient land use where City utilities already exist and to exercise land use controls in this growing area of the community. LIST OF SUPPORTING DOCUMENTS: Ordinance with Metes and Bounds and Service Plan Presentation Exhibit Map Ordinance annexing approximately 141.66 acres of land, at or near the northwest end of London Pirates Road (formerly CR 33) and south of Oso Creek, into the territorial limits of the City of Corpus Christi per owner petition. WHEREAS, Texas Local Government Code §43.003 and City Charter of the City of Corpus Christi, Texas, Article 1 , Sec. 1 authorizes the annexation of territory; WHEREAS, on September 22, 2021 , V2 Ventures, LLC petitioned the City requesting annexation of 141 .66 acres (Tract)for the proposed Oso Vista subdivision per Texas Local Government Code 43.0671 ; WHEREAS, a service plan has been negotiated per Texas Local Government Code §43.0672; WHEREAS, an offer of a development agreement has been made pursuant to Texas Local Government Code §43.016; WHEREAS, the City Council finds that Corpus Christi City Charter Article X, Sec 2 authorizes the City Manager to execute a Municipal Service Plan Agreement with the owners of land in the area for the provision of services in the area to be annexed, and the City negotiated and entered into the attached Municipal Service Plan Agreement with the owners of land in the area for the provision of services in the area to be annexed; WHEREAS, written notice of the proposed annexation has been provided to each public school district and public entity that provides service located in the area per Texas Local Government Code 43.905 &43.9051 ; WHEREAS, on March 7, 2023 after proper notice, a public hearing was held by the City Council, during City Council meetings held in the Council Chambers, at City Hall, in the City of Corpus Christi, following publication of notice of the hearings in a newspaper of general circulation in the City of Corpus Christi and on the City's website, for the consideration of annexation proceedings and the service plan for the defined lands and territory, during which all persons interested in the annexations were allowed to appear and be heard per Texas Local Government Code §43.0673; WHEREAS, City Council finds that proposed annexation will cause an area to be entirely surrounded by the City but will not include the area within the City and that surrounding the area not within the City is in the public interest per Texas Local Government Code 43.057; WHEREAS, City Council finds that the territory now proposed to be annexed lies wholly within the extraterritorial jurisdiction of the City of Corpus Christi, abuts and is contiguous and adjacent to the City of Corpus Christi, and constitutes lands and territories subject to annexation as provided by the City Charter of the City of Corpus Christi and the laws of the State of Texas; and WHEREAS, City Council finds that it would be advantageous to the City and to its citizens and in the public interest to annex the lands and territory hereinafter described. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. SECTION 2. The Tract, being approximately 141 .66 acres as described by metes and bounds in Exhibit A and illustrated in Exhibit B, is annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi. Exhibits A & B are incorporated into and made a part of this ordinance. SECTION 3. The Municipal Service Plan for the Tract, attached to this ordinance as Exhibit C, is approved. Exhibit C is incorporated into and made a part of this ordinance. The service plan provides for the same number of services and levels of service for the annexed area and to the same extent that such services are in existence in the area annexed immediately preceding the date of the annexation or that are otherwise available in other parts of the city with land uses and population densities similar to those contemplated or projected in the area annexed. SECTION 4. The owners and inhabitants of the tracts or parcels of land annexed by this ordinance are entitled to all the rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi, and are subject to and bound by the City Charter of the City of Corpus Christi, and the ordinances, resolutions, motions, laws, rules, and regulations of the City of Corpus Christi and to all intents and purposes as the present owners and inhabitants of the City of Corpus Christi are subject. SECTION 5. The City Manager or designee is directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City and its extraterritorial jurisdiction to add the territory annexed as required by law. SECTION 9. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of the 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 10. The City Secretary is hereby directed to file with the County Clerk of Nueces County, Texas, a certified copy of this ordinance. SECTION 11. This ordinance is effective immediately upon passage on second reading. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 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 EXHIBIT A METES AND BOUNDS Oso Vista URBAN ENGINEERING Job No.43457_C1.00 September 21,2021 141.66 Acre :annexation Tract STATE OF TEXAS COUNTY OF NUE.CES Fieldaates.for a 141.66 Acre, Annexation Tract, situated in the Cuadrilla Irrigation Company Survey No. 137, Abstract 579 and the I.&G.N.RR Survey No_ 140,Abstract 612,as shown an the map of Laureles Farm Tracts,a map of which is recorded in Volume 3,Page 15,Map Records ofNueces Counh.: Texas;said 141.66 Acre Tract being the sauce lands called 145.5 Acre Tract (141.$2 Acres bE.- description therein); as described in a Special Warranty Deed with Vendor's Lien from Jennifer Nlichelle Camp Johnson, as independent executor of the Estate of Betty Jo Camp,deceased,to V2 Ventures,LLC,recorded in Document No_20210243 90,Official Public Records of Nueces Counter.Texas:the said 141.66 Acre Tract,being more fully described as follows_ Beginning, at a 1 Inch Iron Pipe Found: on the apparent Northwest Right-of--Way line of London Pirate Road(County Road 33), a public roadway,for the Southeast carrier of the said 145.5 Acre Tract and this Tract, from Mhence:a Nail Found in Concrete bears:North 63°11'35"East,1.26 Feet; Thence:Smith 88°52'23"Rest,with the North boundary line of a 118.126 Acre Tract,as described in a Correction Warranty Deed from Sheilah London to Sill J.Brown,Reagan rimers Brawn and Alyssa Ann Brawn McCoy,recorded in Document No.2015011169,said Official Public Records,the South botimdaay line of the said 145.5 Acre Tract:at 212.00 Feet pass,a 1 Inch Iran Pipe pound,5.00 Feet to the Right,at 2159.28 Feet pass,a A Inch Iron Rod stamped"BASS AND VVELSH'Found,in all 2,244.28 Feat:to a 518 Inch Iron R d stamped`BASS ANI}VU-SE'Found,on the East boundary line of a 293.041 Acre Tract_as descnbe-d in a Special Warranty Deed with Vendor's Lien from South Texas Children's Home Land Management,to NTM De-velopment,LP:recorded in Document No_2019035726,said Official Public Records,for the Southwest corner of this Tract,from X4bence, a 518 Inch Iron Rad stamped"VOSS ENO"Found bears, South 66°53'1 9"East,6.71 Feet,also from'"hence,a 518 Inch Found bears: South 01°00'19"East,3140.46 Feel in all 3141.02 Feet,to the Southwest comer of the said 118.126 Acre Tract; Thence:North 01'0019"West,with the East boundary line of the said 293.041 Acre Tract,2118.55 Feet, to the Northwest corner of this Tract from whence,a 5/8 Inch Iron Rod stamped`-BASS AND WELSH"Found, for the Northeast corner of the said 293.041 Acre Tract bears,North 01°0019"West,21.67 Feet} Thence,,-zth the c&Jed meanders of the said South bank of the Oso Creek,the North boundary-of the ;aid 145.5 Acre Tract and thio Tract as follows: South 73'02'17 East_224.92 Feet; North 78°05'48'East:391.54 Feet} North 69'°35'48'East,366.10 Feet; ■ North 97.08'5 V East,245.23 Feet} ■ North 54°18'33"East: 534.16 Feet} ■ South 51°55'32"East 522.50 Feet} North 52°21'58"East,219.54 Feet ■ South 8,5'41'0T'East,351.56 Feet; North 7517'43"East. 182.85 Feet. S:',,Sws=eying1434571C140lOFFIICE�LETES ASM BOUNDSlFN43457C140_2d216920_A2,&=TION.Doex Pare 1 af'_ OFFICE:(361)854-3101 27725 SWr'LYTNER DR•CORPUS CH IST4 TEXAS 78404 FAX(361)854-6N1 m-q;w.iwb_menz cpm TBPE Firm 145 +TBPLS Firm# 10032400 ■ North 8737'38'Fast,473.36 Feet. ■ South 21°36'32"East, 1611-13 Feet,to a 1 Inch Iran Pipe Found,for the Northeast corner of the said 145-5 Acre Tract and this Tract; Thence;South 41 W'34"West,with the said apparent Right-of-Way line,1363.77 Feet,for a corner of the said 145.5.acre Tract and this Tract,from XlIence,a 34 1w Iron Pipe bears,North 50°05'24"East, 1.42 Feet, Thence, South 20°13'44"West,continuing with the said apparent Right-of-Way line, 1295.41 Fejt,to the ]Point of Beginning,containing 141.66 Acres(6,170,760 Sq-Ft.)of Land,more or less. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983,Twos South Zone 4205,and are based on the North American Datum?of 1983(2011)Epoch 2010.00- Unless this fieldnotes description,including preamble,seal and sipature,appears in its entirety,in its original krni, auveyor assimies no responsibility for its accuracy_ALYO raf rerece mjpany ing sketch of tract described herein. r {;F .xx .4 .. .. : AMP!F nA`:-1G CRR � arr, License No.6458 P:1Smveying143457%C1o01aM�t F-2t ,ETES AND BOUNDSIEN43457C 100_20210920_A2,L=TI0N.Docx Page 2 ar OFFICE.(361)854-3101 2723 SWANTT]ER DR •CORPUS CHRISTI,TEKAS 78404 FAX(361)854-6001 r-:nm TBPE.Firm#145 +TBPLS Fire#10032400 EXHIBIT B ANNEXATION AREA MAP Legend /• ®Annexation Area Road Centerline City Limits / Annexation A�.^y Area I Annexation Area ;► 141.66 acres ► ..i I i 2 f 10 AOL , x i Print, Date:101061Z021 0 950 ,^19X ..... s,aoo FM 43 1 Weber Rd Feet linchii2,2501, EXHIBIT C MUNICIPAL SERVICE PLAN This MUNICIPAL SERVICE PLAN AG REEMENT ('"Agreement") is entered into by and between the City of Corpus Christi "Citi'" _ and V2 Ventures, LLC ("Landowner ), bath of which may be referred to herein singularly as "Party" orcollectivelyasthe "Parties." WHEREAS, the Landowner has requested that the City consider annexation of a tract of land totaling approximately 141.66 acres of land situated in Nueces County. Texas; as specifically described in Metes and SoLlnc s atta ch ad as Exhibit A anc map in Exhibit B ("Subject Properly")_ which is attaches hereto and incorporated herein for all Purposes. WHEREAS, the City intends to institute annexation proceedings forthe "Subject Property: WHEREAS, Texas Local Government Code §43.4672 requires a written agreement for the provision of services in the area first be entered into between the City a no Lan downer of the Subject Property prior to annexai"ion; WHEREAS, the City and the Landowner agree each will benefit from the City's development restrictions and zoning requirements, as well as ether municipal services provided by the City which are good and valuable consideration for the Landowner to request annexation and for the Parties to enter into this Agreement for the City to provide the listed services upon annexation and n accordance with this Agreement: WHEREAS, the City Council of the City of Corpus Christi, Texas, finds and determines that this Agreement will net provide any fewer services or a lower level of services in the annexation area than were inexistence in the annexation area at the time immediately preceding the annexation process_ The service agreement will provide the annexed area with a level of service, infrastructure_ and infrastructure maintenance that is comparable to the level of service_ infrastructure, and infrastructure maintenance available in other parts of the municipality with topography, lana use. and population density similar to those reasonably contemplated or projected in the area. WHEREAS, it is found that all statutory requirements have been satisfied and the City is authorized by Tax as Local Cover nmant Coca Chapter 43, to annex the Subject Proper'y into the City. NOW, THEREFORE, in consideration of the mutual covenants contained h&rain. the parties hereto @t ree as follows.- Section ollows.Section 1. Recitals The Parties hereto acknowledge and agree that the foregoing recitals are hereby found to be true and correct and are herebyadopted by-the Parties and made part hereof for all purposes_ �c'ctjon 2. Survicu% to be Provided I,c, f"'�.I().Vvi r-g t.-Q'V cc I1 t -epi e,(-i' 'lir_: o rc.vi s ici r ry i{-,{- ;i c -f--.e d to between th e hir--dnv ,ic- c-' dic F i:,. 'J'cl C tv es';A)'A, ii-clor which tre Cily VON Prov de munic-pal L;c--:;iccs to d!e -gid by Texas Local Code (J: vo-' ' -,)c rrcvidec; ij-. :j Wit services e--.ick; Provided Eo of-wr ,;r- rAy sit.ii2,ted :j v':il,"in the i., ty. a. General PAiricipal Services. The fiAowirg !.,:IEi irriwc-diatc:,.-; fa)-,r .he. of the a.--'exatian-. (1) Police Protection: Servicus �o be Provided= Thee Corpus Christi Police Deparlmerit (CCPD) will provide police protection, (2) Fire Protection: Sorvices to be Providud: The Corpus C-iristi Fire [Departrnent will provide fire protection and suppression through its exi!�-tiig fire stations_ (3) Ernergency Medical Service: Services to be Prnkfod: TI-e- Corpus Clirt.-;ti Fire Department will pri)vIde emergency medical services_ (4) Solid Waste Collection: Sc.rVJ'C"_zs "." L--(" Ff f?L!fjod-Afte,t'i e e i vEi :I.11- f^f @,ir--axti o'l: 'lie C ity of cf)-p us :)"CV& 30 C '0 Birc'e 4'9-rivJJ directly or indlrc;,-n-V ihrouq[- ;: 'hird-party cor 4 1 1,2 Ct. CornrnerrLil j�;-bage collect e11 6L--vice for bu,,�iricsses and multi-fam ly residences is a-vaillablo on a subscfir~'i.-.r b:j ;is f�orri private 3ervice providers, The City 0' Corpus Christi Will allOW - refuse -0 to MFttinuc providing this -.011 F c- 'i, .. . service to condominium complexes, multi-fLimil-i ;:n:17ments anc cornmerc al and industrial establishments. (5) Water Service; EWsfing Sorvicos.-Currently, the city or corpus Christi holds a water nertificate of convenience and necessi'y ("CCN") NF the annexation are<i, Services, to be Provided.- The City of Corpus Christi will continue to provide water sarviw to the annexed area, In accordance with the appiicable riles and regulatiors for tN, provision of water sere rye_water service will be provided to the Subject Property, or applicable portions triernof, by the utility holding a waler CCN for the subiect property or porior's thereof (the "CCN I)OIClee") arid, as applicabie, Vie utility providing Wholesale rur retail water service to said CCN holder. Absent to water C:CN, by the utili4, in whose jjrisdioion the Subject Propurty, or portions thereof as applicable, is Located,the extension of water service wifl be provided in accordance rwitr all the ordOartres. regulations, and policies of the City, (6)Wastewater Service: Existing erOccs: Currently, the annexation area lies outside a wastewater certificate of converii,nnce, and necessity ("QCN"). Serviiczs to be prrrvideci_ Absent a wastewater OCN by the utility in whose .urisdiction the sub;ect property_ or portions thereof aq applicable_ is located, the extension of wastewater service will he provided in accordance with all the ordinances, regulations, and 2olicies of the City. leen are;3� �3r(,, riot reasonably accessible to a public wastewater facility of sufficient capa ity as determined ley ad-opted City w m3tewater standards, individual aerobic system or individual wastowator treatment plant vfill be utilized in acfordanc.e wit:i all the ordinances, regulations, and policies of the City. (7) Operation and Mainter anti of Water and Wastewater Facilities that are not With in the Service Area of Another Water or Wastewater Utility: 'v'ti'a�er and -,crvir ; wil' ou prc}v°di A in accordz,-)ce kvlth the C orpos Christi Un:fic—d Gcvelop—e-it i::,c.ca, U,ility 0cpartment Po.,c es and ongineering _";:n:-aids and provided the s�rvicc is rc-. a,Athin the cerlifc:Acd scrrice area of ti'c# ur tlkil-i_r t"ri�_lyt� r xi4;;irrl faci'It cs 'o c_ l- c rJiI�141 or adjs?^ent to 'Lhe area_ Ary and a water or fac ,ties :. ,:r,c d or m{: ntained ),v the City of C.--pus C'l-•i:;ti, Texas, tir J,c, t - i• of J,e arrexatior, skis r,nr,Firluc to be. r"I"Iintainec by Vie gull, [)r C:�Fp J; k`h:'3J, Texas. Ari and -:11 :' a-C.'CJI' V., t,c.;:;ilities Mal -­jv tie the property of another mui-i c&pality or otl,er eia ly ;'mill nv- the City of Cor fres C;hrsti unless .ISL far ili ie�i are ,o ic; s;c".prc1 b-.7: City of �c�ri;, Christi. The sur r: s;z3x'r line ma—is irk t°7eir c-xistirr I -­� a,hndl tip: t_vaulaalu for -,J,)ir%t of r.':I' r. ,c?ns on Laser. l-i; c�lr`er ' lily':: sl;;•ir;ard water exterv',10:1 :).)attar"; �-,�,.; C)x 3t "Ig Or :i'; r ;;r ae'� Ur-site sewage may be alto-&edy,n rrc; ri ue,.ing sill city, 0OUnk'rr7 state anc feller-il req gement. (8) OperatIon and Mlain#enanco of Roads and Streets, including Street Lighting: 0o Ciiy ,gill maintain public streets ove` vd-'cl- J-e City has jurisdiction Ru}Ids-, st.,eets or all-eyways whrch ora Jr.r. ;:,i:, Eiccepted by thr= C:i`y car C.orpr,:- hnsti, Texas, or which are c]wr�d :)y 'Nc (:`y of r pui�; C�rrris`i, I c;xas, sl,&-! )e- -a v—a -tamed to the same de.grc f, :snc ex:e,7t lh t w{:hor -oads, streets anc L71 a,s tiintained in the City '_I.:ll"i'lg ;:f :)LJb c: •c):i:., �lrc!cts ci I(IYI'. ay.: -.'7 Ill r i.: ;�rineel by the applicab o .ati ty t:)e Cilf unless t•ir_; L1c-Ry has been dedicated (0 the auf c, i�ti'�'l iti � t,asv the its well bet 7.; ra,a..;r,ilc� C}peratforl anti Maintenance of Parks, Playgrounds and Swimnlii1q Pools: U k,"re-1t v'.I G ;;�Aitics n tncor--iexq,'ion we�i iriat.di,i-. cr S-.vi.,nrT1i,i- poals. A-i,.;- par; -;i;iy t-,c 1-.y of Go;il-ly will L-0 niair"�' Ly 1he ',-, iy only Lipc?r cec :,atn,i Ne p<1rk to the C.i,.i ;:,1:1 of the Pr.I'K -)V TO C rk, cc.-I, V 'I" a C-I U ME ry rnr<!,, 'oLlr'C . c,r ,)n ,,1-7- :11 11 J,e a r-i e x 9 r A,e- ;m rnp;.;ropr -,it 'Y Wil U-OV -1Mr1',t;r,;z:v.(% (10) Operation and Maintenance of any other Publicly-Owned Facility, Br tiding, or Service: Currently there are no such other publicly owned faciliflos, buildings, or services identified_ If the C i ly acquires a n y publicly Dvirried' facilities, buildings, or-servkm within the annexation aii-ea, an appropriate City -department wild provide maintenance services. (11) PL�ririing and Zoning Services: Existing Services: Subdivision planning services currently provided wnen plats are submitted fo,City review. to be Provided- The City will impose arid enforce /aflifig, -a-Adiv,31-'r devclap—enL, site deve.k)r,----,nt and building code regiflations with the Arc'--'i j,,o:i the effeUiva clatf. &f the annexation. Eriforcc.-nent will be iri %,,;i.1, Cr.y :-.r;'J:rianros. Devclo.-,,meet plaris and plats for proec,,s v'-iL-- -i t°- A-rwxc bc 'C.,r (',0'T)PliVW0 with City standar&. Tl--.-. t.:;n o'laric. it o e-cyl may continuo, irl aQouirdalnce with Texas Lucal Government Code§43 0` '. (12) Other Municipal Services: City -ocreational far-ilitif.-,, iriciiif, 'icl -Drks and lj')rary, -will bc available for arse by Iancowners or residents of the A-inexed Area 0- b@Si3 as those 7acilitie-, ;!-e ;ivailable to current City anocwmer, ;i-id residents. City ruccivc -n preference fo,sornu City progr,--.rTi::. 1.xcludinq gns iirii(,, o1wric services- -1-cr "ity services including Ar —al Co-*,--1 Gude: Friforcemont. Municipal Court and 11'�r:ncral Administration service- ;,ill oo, ;i sr; ra,, laole to Jandov.ricim and' in the Annexed Area ort Wi.- j,:ls s -(jct-, 1'aci #ics are available to , ,jrrert C!y landowners and rcsidcnit�.All ether swvice3 cGrierriplated herein will av-2 at,I c: i i pan th o effective date of L� r:t�xa t ia ri. b. Capital iinprovements. N:,, adtit o,i , capr;il are necessary at this time to ServiCA3 t -A Fropw.y -- :he same rrame-., a- Fdrnilarly LJt.j;i,r:c, properties. Upon develorjrp-,�[,'. (Y Sunjvct Prrj:,,&r1y or redi.Lvuiop-nv.--i I'm I z;rldowner will be rosponsiVe -cr --l-e develoorne-it CA)StS t'W as a r'cveiape, in a rirflilarly situated area ..iirdc, ordinance > --i al 11-c time o' cevelop;-'o,il or mc�,vc opment. ')(--'jLJi51lti011 0' a��cDrdarce v;th aptfl;,-ahlf-. ormral- '. r , (e'1, 7111( regulations and W4j- adop',c-d improvement piiir-; car tim city as may )e, (1) Water and Wastewater Facilitfes= Water Fnd Mistowater infrastructure anr.' irri,7rcr.merits will be ctaristruc--tt)d by the Landowner or Landovmer's developer according to th;; Cart;Lis Christi Edited DeveMopment Cade, City's Water and l:raste�.'..�Car sk43ndards, and City's master plens. :is may t_rc, amended. (2} Roads and Streets; Road and street irrfraslrciciu re and improvements wwilf be r 0rtttructed by the Landawner cr t -andavwner's devoloper according to the. Carpus Christi Unified DevPlnpmrwn# Code, C ty's design standards, aria City" rmasler plans, as rmay be amended. Ir c° rcr 71. the City will acquire control of all public roads and publir: stYeeis within tl,c annexation are.-3 upon an7exation. Future extensions of roads or streets and --la!ed faoilitic5. GLICh as trafti: contr€l devices, within the City limits will be gaverned by the 0tv s standard polk ius and procedures_ (3) Street Lighting: Stl-eet Iighdiny in new and exist'ng subdivisions will be inst3dled and maintained in ac nrdi menu wlflh the applicable standard polioQ,-, and procedures. Section 3, Schedule of Services Ir acwardan e with Texas Local Gov�rnmcnt Cade § 43.0672(c). no other services are con#r m I Ike J b this Acgrt uumenk and a schedule for future services as contemplated by Texas-; C,-,vorrimrunt Code § 43.13-672(b) is not -aippli blc as all services identified herald wT 1--e provided upon the efrer:tive of annexation. Section 4, Level of Service Nothing in this Agreement shall require the Oily I(,' ')FQVIfX a unifc.rm Ivve 21 UI r'ILJr cipol surviccs to each area of the Oily, iricluding the annexed areas, if �iv,tics of topography, land use, and population dersifl,' are c:ir'fiJrk«ec d tI -as s for providing different Levels of service_ The ity of Corpus Christi will provide services to the n&-:rl-y A•7-e-xec, arca ir, a r-1.7—wcr that is similar :17 kyrt7a, kind. quaTitrty, and -quality of servi,ne presn•11j cr.-a,,rocI !-, tl-e (,itllze'7s of the City of Corpus Chris#l, Texas, wtio rc5ide in areas of 311ry11;�" t[� land util.izatien and popul-ation dere ily, Section 5,bested Rights Maims. This Agreement is not a permit for the purpascs of Texas Local Goverrir crit Code Chapter 245. Section 6. Effective Torm „r -ii�3 A.,., �cmo.nt tithe "Term") is ten (10) years frorn the Effective Date. This :ive t.;:on exeoutfon by the City, section I. t orcc fl�i�lour IIIt,:1s Of rIr� airy lle...y. s-ic'1 -Is t0i Ce Wajeura as that term is defined in this Aareennoi .. F. '..AIic;h• t!to (" I.- i., lorc:ed t:a -rril:•ca wiIv r; ', ort Its porsormc-1 a:-..(] rc­sources ay., ." L ?1 'hi(. 7f x{.#on rr,r 7 ptir;, is Or protection of the rjerrc-al ,;,it 1:,;. 'hf; ,^. .'r 1 C. its n14 0 to-,o r11C not .lros to raltore, to tl'e c- h- level cc ::r':a•: ,: 'n hip A,] F r.mr r` ,1t; !:Of)n as pf-6;`= hlr,, F ,r(,f-. I`,:ij-ii-f, ,,l;: I inc gide but: no: De h1itod :o. tic:s of Cod. ac"s of the p !. is er my. '&'ar, D(3::Ic;:c.cs, ins,jrfe_Ai;3°i, rita.r. epi e.-rics, IL. -ds!de,; Iiljh-:r' rlti r,..t..Ytur i3';. 'ire �, 4:2;rrns. f nods, washouts, drnr.,ghts, ',:riadoc5, hurr.:;w7c2 . o-id rcstrt:i,il car excicsio'1s, co cions and o.ho�in717 1 .v of :.,e C it'a.. v,,,ieiher sim lar to :1"osc 0-L."1C'atCd 4v!ii.,o ii r1otw:uthinth:! carlYe (—.;4v. ,JII;�vailat,'lity {, rr :ai': r o' fJll[.a 5,'{711 rjQ' 7 ;i.la`;.' F-rcc: Majc urc: for purljosus of Aoire mvo', Seution B. Legal Constructiuri. If a"v I�r vid 3 Jr' n this Agrc;_,.rvc..r-, is f'-,�r ar'y rG'-Li5on f-.L;I-d to be uncnforccEiHe. to irti(; extelit t'1rY L.'"Iv "If0'C£8l 111#fid docs -1v: ccstr"V'r Vic bas s c-the :)a:galll among the parties, the v:i1 I'lCr' �:,lfc;.' ;'.'�y;,_rt^ic, f;,c��,a(,r'r `t.'E (?�, and Lh1.s Agreement will be c.on5;rgac:c; ;j:; if he r,rc v t if,r lmd ter eri a rind of the Agreement_ Whenevo— con'wx: -co-Aires, the s 1 91. W 11 nc UdO `n-c plural and neuter include the masculira .or femir, na garder, and wine 'we sty. I •accir-gs on this Agreement are fpr ruferenc n_. y �z,id are riot intended Ire rer.,t'i:.', ca• c.Or,ie th',e text of any section- -()I Agreement ',r'il -1)I be ccarastrLIOd more car Icys fa�,orr�Iaiy k}c twic ri it f-s P rlie:� Ly reason of authorsrlio .D-arigin of language_ Scotian 9. Are midmcnt and Modifications. ""I nis A.-jrco-i ar#117oy l,rr F. , Ir:r (.I•r"nHiFi-.r only in a wriltten instrumcn#thnl:iS P.Y(7ci�t [ by ball ,_rn Csit,{ arc t,19 1ord^ P Ia-id 4r i,9rs after it has teen aL,thorized by the Uty C;rs:�rci'. Section 14, Effect of Future Laws. NO ch,rVige r• :he lav regarding annexaticr shall affect the enforceability of 'h :; A,)'c`t'rr1c�•7l. Section 11. Venue and Applicable Law. Von,je for Vii,.; Agra rriont shall be ;ry Nueces County, Texa-s• This Agrct~mont :0n11 be construe-d under and in accordanco with the lavas of the State of Texas, Section 12. Counterparts. This Agreement may be executed in any numhor of c:ouritcrp arks with tho snmo offuct as if all signatory Parties had signed the same document_ All corunterparts will be constr•,ued together and will conslitLte one and the same instrument. Section 13. Entire Agreement This Agreement curtains the, Prytire agreeme,lt between the Pert es relating to the rights herein granted and the obligations herein assurned and cannot bt varied exc;c pt Ly written agreement of the Parties. Any oral representation or modificat c;,, instrument shall be of no force and effect except For any subsct;;:r-w iiodification in writing, signed by the Party to be charged. Section 14. Binging Effect/Authori This agreement binds and inures to the benefit of the Parties and their respective heirs, successors,and permitted assigns. Each party further warrants that each signatoryto this agreement is legally authorized to bind the respective individual or entity for the purpose established herein. CITY OF CORPUS CHRISTI LANDOWNER B � By: �a '., andA. Voss City Manager President V2 Ventures, LLC Date: 1.� 2-3 tate: 7 APPROVED AS TO FORM: / By. Buck Brice Senior Assistant City Attorney for the City Attorney EXHIBIT A METES AND BOUNDS URBAN ENGINEERING -------------- 141.f1fl Av.rC AllaclitliLAI Tract i A I '.)I: 'II CO"N'TY M 17CI'i� FIL'UrI000. r;'II I.6r�_ A urc, II I''mc I "'i,I I.1 0%1 111 111,' I"fj 1.1 1.:11 V, 'iLll'^,1.y N p 1 7. LJ1.III C N-J-D LILI1'1;,:'_- 1 11.1! '1:i:.LIN.it I I I,-,I;uL wliv:l i I c I'I'A i I I Voi"Ll I I< I P.1:In P r:I i f11' ;rtLr '.11.66 Arw''ric,l I,L!Mg 1he .jnic Irrd,i zitlfcd 14 .5 A::-,,: I-.w-, i 141 �7 Ac-r, h_-.- l; .., 11-1 I f I:, J I..",I i hvk� I r. i:l S, i:I I "V:1 1-1 )oofl L'Il T',rr-, k-rllili:l i"fich'-.11-L. C I "I I:I I I UA:-L-d.10 V2 r lru'. I.I rt.lco e J i i' D:.:;0::111::1 I'ki 212 12.0 1"ic inj Public Kecoi ds NLICCC-5 CX i-.nriv r:':'F,)6 11 Ao"11 Auc i H.LL 1.1u'll.i: llf-p 1111 i 11 u I i-c 1 I P1 F,i.wd. oii '11,: trr-,l::l: R .4 1 ow,c.. I'i-;Ilic Rond(Crwc V 1:1 .13:. 1 pklhli,: lkm:'_ I,.. Ill.-: r]!" :5 5 ACff 'I TKI alid INS L.;.,1 1,1h7, .":,C:- T, Ijmd�,r 'I Y ]:nt cil a 1'k..2:,: C: I .lc:. it% 1 -11 ":..11 1 All!:1•:1:1 1 .1. 1-;:-.vri, Tri v A A mi lin,--v!� 1:1�Xk,.1:1 :-f %:k, 1(-�,J, ;;11d ill,I in I I s-A ic RIC"I Lk, I i 11:111 1 [It:1.:l I I IL i 5i IL' I'l:14 L !iT ?I Ii. j 111.11 Pip:: ;-,,I. :;.09 r".."A !o I I:-- x "I I X�j 1 I '.L kIll ROd-4,17-111L'd L" 1 oi,r;17 In -iP 1:X.:e,:..IL1 ji 1. d 1 11,11 11;.:i Rod sul;i p"!"RA AN WH M F I ;1W'Ati.:1l11 11)1! 1--, Ili..1! 161,,1 uu 2)3 Cld I Au; f h;ic-,71., lin;I SpeL -..I W'mrallLy J111 LI !.,: 1kjI;!Il,N I 14]FFLV C -il'4 _19-L'117 r v IL V%:11,-:u-. I'l v I I It .;11 M:111:1 Ul I I All 1� Y M !)L:' cc, h L iII 1 "111.'20,14'l 1.ti;2rj. T.C1,11 I1IIhIi:- Rciiwrk ,sF jilk:� "u ol 111i.,Tlo.l. Whulu:. 111,11 lira f7510 FNfIl" J �:llrll frf:m NvIlvilec,41 iI'Jl F;ILI:IL! 19 ill;!,I 'I I Said 7' TImIL'o,N.wl I 'TnI- L"', "1:.i,, Iiiii-,ol'Ihe said 2L)3.047 Acre Traci,211$34 Fc6. 11.- I�W ZAIAItil ::f'1164 r:1.1... un. Whericc, I '-:N I nch I'oll WWI slampcd LIBA : •VJ.) WELSH"FOUnd, ,l-4I!r)cI o!'lIv-' -:1id Alii 1111 1 Arry !'nwz 'L}{'711"5.No-'r- ,11 19" 2'...'7 1`mk: Th v i i cr i 1 7, .11V k,.111,:I 1,;Meirs of the said Soulh hmik or-the 0-%u C=k,tht North hokirKiory ordic mW A z I e 11.!r I id this,I.,1,:::r,1,L)l Laws: I::l j`:1 �n I I 111 1 rir. 57, ■ I-11 1 R" .::St. 2 1 Y 1 1`lxz. • u I 1 1 1'LlT' ]::ul. 159. 1-vv-.. %;L%L. I K_7 FCC -�:I.-n i l!'A I�7�.( -,o i:E-,i "ur s r',i N DSWN4 145 7CI 00 2021N-{1 ANNEXATIONA X-in.Page I Gr 2 011 10- ':(361 W54-3141 2)2 5 4sNVA K I N LK DK,a COF(PLI'3-CHRI ST Ll FXAS 7R.404 VAX(36 I)MM-4001 ,rapr.rim,!, 145 d TBPI.S I:iFJVL P 100.12400 • North 87°37'38"East,473.36 Feel; • South 81°3632"East, 161.13 feet, to a I Inch Iran Pipe Found, for The Northeast corder of the said 145.5 Acre Traci and this Tract, Thenen South 41'00'34"Vest,with the said apparent Right-of-Wkv line, 1363,77 Feet,Tor a cama:r of Lhc- I.1� herr tract and this Tcac1,from Whence,a 314 Inch Iron Pipe bears,North 50'05'24"East, 1.42 Feet; Thencc,Sokol,2V 1314"11 lVe:,;i, COnlir'ri-p\%i'.11 th^5�1I:1,j4^pj1j-ej,t Ri,,hi-o`-Way title, J245.41 Feet,to the I'oini of B(,ginni g, o u,nnm.e, l:l l Of. Acrn:-.0., -1::rir;l S:1 ;t.1 oI'I.an•J,e.v r'i.t!r i irig Iieariir_t _.n-, I'i-'q':,.c� shown hcrcnn are ft,du Texas 'Caolldi1'mtr.System of 1983,TeyAs South Zonc�7.04.:rn,e,.rt: :r:!iud uii IIs.. f• .,eLh Airr_rie:;ui I JX.,m cA ',)S3(-2u I 1j L:p: ''' ,'j.JO. Unic%-;ffii,,fie!Lfiloteslie-setlptin% i -cludtngpmLIIiW1,.t5£oIAnISIpn.anire.aa'.'.eai� ir i`{enli-el g,inits anginalfonn, a. 0401 .Sru.1re<-11 G1r"'s:c,n-,.hIIiIVi'rar'its RCC uMsv..i, : r.,,: y Jtfrxelilset{ ie�errr. RBAN F. 16 �JAVESU....._.. .SR I �I No ..:1 S;Surve} r, l;l<:,,;'I MOFFICr-%4FTF5 AND BOUNI STfN43457ClOO.,2i12E092O..ANNEXATION,gi)e%c gage Zorl 01 1'ICE;{i}112 t a ;1'.':1 2725 MV ANTHER UR. •CORPU S C>i f;<ISTI.TEXA S 79401 FAX(361)654.6001 x,%'"strh;4o5Dj-Dni' TBPE.Firm 9 145 a TBPLS Firm At 10032400 EXHIBIT B ANNEXATION AREA MAP Legend /• ®Annexation Area Road Centerline City Limits / Annexation A�.^y Area I Annexation Area ;► 141.66 acres ► ..i I i 2 f 10 AOL , x i Print, Date:101061Z021 0 950 ,^19X ..... s,aoo FM 43 1 Weber Rd Feet linchii2,2501, I Petition Requesting Annexation of 141.66 acres for Oso Vista Subdivision at London Pirates Road (CR 33) & Oso Creek City Council Presentation March 7, 2023 Aerial Overview of Annexation Tract Annexatnn Area -., The Texas Local Roatl Cen�enlne - L_.J CiIY nlle Government Code section i� 43.028 provides for a process %• Annexation�• +-n. ��-��.-n,.• Area that allows a property owner r Annexation area C ` 141.66 to petition for annexation. i acres - (V2 Ventures,LLC) Ua .,rhe Print Date..101061 21 0 aso LtuL.._.._.•J 3.500 FM 43 Weber Rd Feet nncn=z,zsnteec 2 Aerial Overview of Area Infrastructure Legend Was1e'wa[er Intrasfruc[uR ., -� ' 1 ■ si n9�r9ralon �rr��� FMS t' Annexation h „ Area r �, _.. —,,g s Exislln9-Force oe G�etNaen-Ga.ry Annexation Area t an mea Fnr<e Mam 141.'66 acres " 86 Qom'; 4 � 3r LS . a fA.ID D61T21 ►:Weber Rd -a- sso FM 43 w 3 Planned Development Oso Vista Subdivision 141.66 acres Partially gated PHASE 5 subdivision l 270 housing units Approximately 10 � years to buildout Average Unit Size PHASE 2 7 = 3,400 sq. ft. Unit Prices e ", � � ,� 4 =$400k to$800K a?' _L`PHASE I Average Sales z' t— \T Price estimated: $590,000 ,:,p Note:Buildout and sales price assumptions provided by petitioner. 4 Mfr. Fiscal Impact Analysis - General Fund VIA 7 NEUTRAL FISCAL IMPACT Estimated Operating Property Tax Revenues at Buildout: ➢ (270 units) x ($590,000 ay. sales price) = $159,300,000 property value ➢ ($159,300,000/$100) x $0.3868061 = $616,200 Estimated Cost to Serve at Buildout (General Fund): ➢ FY2021-2022 General Fund Budget / Population = $311 M / 387,1522 _ $804 per capita ➢ (270 units) x (2.7 persons per household3) = 729 increased population ➢ 729 x $804 = $586,100 +$30,100 difference at 10-year buildout = +$3,010 per year (1)2021-2022 Amended Budget Maintenance and Operation Ad Valorem rate per$100 in assessed value (2)Service Population,2020 U.S.Decennial Census,U.S.Census Bureau (3)2016-2020 American Community Survey S1101:Households and Families,U.S.Census Bureau Staff Recommendation Approve the petition for annexation Questions ? Ole x , & i. A km �IV exation A«$ 11- acre t ------------------ FM ----..—.._-._ .—.FM 43 Wp hr.r"R.d se o H v AGENDA MEMORANDUM /NIORPORpI Ep Public Hearing & First Reading Ordinance for the City Council Meeting 03/07/23 1852 Second Reading Ordinance for the City Council Meeting 03/21/23 DATE: March 7, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning a property at or near 2601 London Pirate Road (County Road 33) CAPTION: Zoning Case No. 1121-02, V2 Ventures, LLC.: (District 3) Ordinance zoning property at or near 2601 London Pirate Road (County Road 33), located at the northern end of London Pirate Road (County Road 33) and north of Farm to Market 43, from the "FR" Farm Rural District to the "RS- 6" Single-Family 6 District. SUMMARY: The purpose is for the construction of a single-family residential subdivision with approximately 270 units. The subject property is being annexed. The maximum potential buildout is 638 single- family homes. BACKGROUND AND FINDINGS: The subject property is 109.89 acres in size. The subject property is currently located outside of the City limits of Corpus Christi. To the north are properties that are also located outside of the City limits and Oso Creek. To the south and west are properties that were recently annexed into the City and zoned "RS-4.5" Single-Family 4.5 District. To the east is the J.C. Elliot Landfill zoned "FR" Farm Rural District. Conformity to City Policy The subject property is located within the boundaries of the London Area Development Plan and is planned for a medium density residential use. The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, and does not have a negative impact upon adjacent properties. The future land use map designates the subject property as a Medium Density Residential use. The density is between 4 to 13 dwelling units per acre. The maximum potential buildout is 638 single-family homes. Public Input Process Number of Notices Mailed 2 within 200-foot notification area 1 outside notification area As of January 24, 2023: I n Favor In Opposition 0 inside notification area 0 inside notification area 0 outside notification area 0 outside notification area Totaling 0.00% of the 200-foot notification area* is in opposition. *Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom.The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet/Total square footage of all property in the notification area=Percentage of public opposition ALTERNATIVES: 1. Denial of the zoning to the "RS-6" Single-Family 6 District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Planning Commission recommended approval of the zoning to the "RS-6" Single-Family 6 District on November 10, 2021. Vote Count.- For: ount:For: 8 Opposed: 0 Absent: 1 Abstained: 0 Staff recommends approval of the zoning request. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 1121-02, V2 Ventures, LLC.: (District 3) Ordinance rezoning property at or near 2601 London Pirate Road (County Road 33) from the "FR" Farm Rural District to the "RS-6" Single-Family 6 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, UDC 3.3.3 C.2. is waived because an action by the City Council was previously a legal impossibly due to the property being outside the City limits; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as being a 109.89-acre tract situated in the Cuadrilla Irrigation Company Survey No. 137, Abstract 579 and the I.&G.N.R.R. Survey No. 140, Abstract 612, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas, as shown in Exhibit "A". From the "FR" Farm Rural District to the "RS-6" Single-Family 6 District. The subject property is located at or near 2601 London Pirate Road (County Road 33). Exhibit A, which is the Metes and Bounds of the subject property with an associated map attached to and incorporated in this ordinance. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1 , 2011 , and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1 , Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 2 of 6 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 Exhibit A Page 3 of 6 Lu URBAN ENGINEERING INEEFi1NC, JobNo-43457.C1.00 September 24,2021 109.89 Acre Zonurg'Fracl STATE OF TEXAS COUNTY OF NVECE8 Fieldnates,for a 109.89 Acre,Zoning Tract,situated in the Cuadrilla Irrihralion Company Survey No. 13 7,Abstract 571}And the 1.&G.N_R_R_Survey No. 140,Abstract 612,as shown on the trap of Laureles Farm Tracts,a map of whi h is recorded in Volume 3,Page 15,Map Records of Nueces County,Texas;said 109.89 Acre Tract being a porti on of the same lands called 145,5 Acrc Tract(141.82 Acres by description therein),as dcsonbcd in a Spccial Warrawy Deed with Vendoes Lien from lttmifer Mithcllc Camp lohnion,as independent cxccu tsrr of the Estatt of Betrp Jo Camp,deceased,to V2 Ventures,LLC,recorded in Document No.2021024398, 0ffikial Public Records ofNucces County,Texas;the said 104.89 Acre,Zo6ng Tract,being more Uly d ribcd as follows; Beginning, at a I Inch[ran Pipe Found,on the apparent Northwest Right-of-Way line of London Pirate Rood tCosinty Road 33),a public roadway, for the Southeast comer of the said 145.5 Acre Tract and this Tract, 6-cim Whence,a Nail Found in Concrete bears,North 6YI 115"East,1.26 Fret; Thence,South 88°52'23"West, with tht North boundary tine of a I IS.126 Acre Tract, as described in a Cnrrecdor7 Warraray Deed from Sheilah London to Bill J. Brown, Reagan Travis Brom acrd Alyssa Ann Brown McCoy,recorded in ElLocument No.2015011169,said 0frcial Public Records,the South boundary line of the said 145.5 Acre Tract.at 212.00 Fcct pass,a 1 Inch Iron pipe Found,5.00 Feet to the Right,at 2189.2.8 Feet pass,a 518 Inch Iran Rad stamped"BASS AND WELSH"Found,in all 2,244.28 Feet,to a 518 Inch Iron Rod stamped"BASS AND WELSH"Found,on the East boundary line of 2.93.041 Acre Tract,as described in a Special Warranty Deed with Vendor's Lien from,SouthTexas Children's Home Land Managocmcat,to MPM Development,LP,rccordcd in Docutttent No.201905726,said Offcia]Public Records,for the Southwrg comer of this Tract,froth Wlueuce, a 518 Inch Iron Rod stamped"VOSS ENG"Found beam,South 66°5TI 9:'East,6,71 Feet,also frorn 1P kitce,a 518 Inch Found bears,South 01°00`I9"East,3140.46 Feet,in all 3141.02 Feet,to the Southwest Qorncr of the said 118.12.6 Acre Tract; Thence,North 01'14'19"West;with the East boundary line of the said 293.041 Acre Tract„ 1671.80 Feet, for the Northwfcst rorncr of this Tract,from Whence,a 5J8 Inch Trott Rod stamped"BASS AND WELSH"Found, for the Northeast corner of the said 293,041 Acre Tract boars,North 01°00'19"West,468.42 Fcct; Thence,over and across the said 145.5 Acre Tract and with the North boundary of this Tract as Nil lows: South 66°33'32"East,43.73 Feet; ■ South 5l°36'42"East,63.64 poet; • South 46°12'14"East 49°43 Feet; * North 900+00'00"East,423.90 Feet; * North 7300'00"East,294.53 Feet; ■ North 75°31'37"East, 16:3.59 Fort; North 75°47'35"East, 157.92 Feet; + North 55W'00" East, 198.51 feet, for a confer of this Tract and the beginning of a non-tansent curve to the Right,having a Delta of 59°55'07".a Radius of 648.53 Feet,an Arc length of 678.19 Feet,and a Chord which bears South 84'5710"Wcat,647.71 Feet; 5:1Survcyingt43457�CI0 MCF�NfETES AND BO NDS1FN43 457C100-20210923_ZONING,Doat Page 1 aft OFFICE:(3151)$54-,3101 2725 SWANTNER DR. +CORPUS CH ISTT,TEXAS 78404 FAX(361)854.6001 www.ulha=k,GQrll TDPE Firm 4 l45•7BPL S Firm N 100,12404 Page 4 of 6 i With said non-tangent curare to the Fright,678.19 Feet; « North 75100'00"'Fast,388.34 Fect; • South 70Y-00'00"East, 155.80 F ; South 88'54'53"Fast, 125.62 Feet; • South 85°53'18"East,94,66 Feet; * North 34100'00"F."t,76,61 Fatt; • South 87"'00"East,290.55 Feet; ■ South 24 00'00"East,64,59 Feet; North 77'2['53"East,274.83 Fort,to the said apparent Right--Of-Way line.for chit Nodheastcorner of this Tract,ftp m WIwou, a 1 Inch Iran Fipc Found, for the MiirtluaNt cprner of th,e said 145.5 Acre Tract,bears North 41°00'34"Fast,3 94.66 Feet, Thence,South 41°00'34"West with the said apparent P ight-of-Way lige,969.11 Feet,fora corner of the said 145.5 Acre Tract and this Tract,from Whence,a 3f4 Inch Iran pipe bears,Notch 50°05'24"East, 1.42 Fcct; Thence,South 20'13'44"West,continuing with the said apparent Right-of-Way litre, 1295,41 Feet,to the Point of Iltgiwning,containing 109,59 ACM(4,786,656 Sq.Ft.)ofLtmd,room or leas, Grid Flemot s and Distances shown hereon are referenced to the Texas Coordinate System of 1983. Tcxas South Zone 4205,and are based on the North American Datum of 1933{201 i}Epoch 2010.00. Unless this ficldnotcs description,includi presmblt,5681 and signAture,4PPesrs in itS eriti rety,in i is original Form, stuveyor assumes no responsibility for its accuracy.Afso ref rence aanying.skwch afrraef dewi-I fol Aemon. OF URBAN ENGINEERING JAMI=S Dh',�a GFS 58 SUs; .Tames D_Carr, S. License No_6458 S,�Surveying1434571C100143FFICEJ�IETESAND BOUN.DSTN43457C10V_202IM3_ZQNING.Ducx Page 2of2 OFFICE'(361)854-3101 2725 SWVANTNER LAR *COR PIlS CHFCISTI,TEXAS 78404 FAX(361)854-6001 w-w,,v.%rbwlUP_.Coi11 TBI Firm ft 145 •T&FL i Firm tt 10032400 Page 5 of 6 293.041 Acre Tract m o out of the Cuadrilla lrrigatian Company Survey No. '.35, p� Abstract 581, Cuodrilla irrigation Company Survey No- 139, Abstract 577 and Cuadrlllo Irrigation Company $� Survey No, 137, Abstract 579 a° �u (owner: MPM D—lopment, LP) a p (Doc. No. 2019035726, D.P.RN-C.T.J r� soraa'+s e , N01'00r18'W 1671,W No1.00'19'N 460.4 3140.46• - - 314102 Foaggg 446-75' D C.0 hr N yL.6 rrN Nf W ti n+ i5tLL a 51 r_ n Cd - 14Lt m P o 14LU C4 n A , N u C A a o i r-. _ ti o[° 0 N O, m 0. a b 'DNS J,9L UN ti (3 DN m -G•C D a o -0 WTat+1W Am m1O a3o �n ti✓ L W� N Z'•.n d .j D 2 a m rP a Ch o s µ' 10�0° V ❑N — j Lit a O O O o � O a h1 W C] m Sm 0 �-° w@ rl� nOU1^- z° �� �'r ��.Lr1�-4rn'U a CC. rZ V1 0 61 Ln 4 W N f C) [n'D a •.�- �:U �❑ • 2tn�Z ulfJ1 Z2ZZ Z2 V10"1 OOn moo• L'!t' max CO CO�v.r C.-j J!'O Cc a, z _ y y 112gq ncnc u orn�rn 5.00 O� `� ~' ••�+ N000 L.t� Cpo C4 a a o0.i�o o NrnW N M V�000�cn'C CCW WOO�Aw Ch A� t`Cpu �jrQ p + a CL W000a0 LIOpOal V OO ANN WC RrYR f8 Hr1rn mm m rl m rlm rl rT rrrnm NC o4d a���d (lb N61NJfo�.�W-.��N AACA L.+VI V AC6i ANt0 oto 4T 04-9NC4a,'j QI➢ z lNt A' C' [Ii cn 0d Qa V w$u' V w- 61 a1. Arn V W to in rn rn m w La0:! rn ¢ c [YNO?-�N�W O Q s 'O� �39¢ j t0 cn gre Sp�, ' Z r.1•' Cq�r Tram 72&S�J r �. el 0 4 eCardg�OJ 3es F4rNf °y ss� 0f p rll rr �PC'fi m (4o�.eQS'e1t t'sc9. °ofs °R '"p„ Z• -k No. de es C 'yo cn 202 N �0 ROCnfyl7 r Al! r_ S. OP vn� Nps °0 f y RN.0 4a� rri ra �. a D o M5-C7.m A�Cna tr 4 u �r Z �ImDo =n N •7.7 Gr � �Z� rt ort- tea a A. meson ~w 8.8 Mn, m �mITM � m? o � C 1yp0a• Z D �S� ,cv a �azne5'ra t►e D ® • • • � O � , a z= _N O��� n =0�4] D U Z lT d LrI V7 W wa_91 woe a, a� mw� _ rvnacl c Fa O� �'j R� n O 7 �:�'S 'ynam P1] �. c'�•"c; z a S S o a 2 O S ? o 2 gl 0 pe�cOVl = xsZ?L3 N �= � '@ m n�"c �`�3 O G7 u c. o = o o a s o• rnn�. 0 yc� 03 ' o as 3A3� �2.. Z do n3m<°».cov ° a@ x,y@ a o3Ro dm 034 v° Dor �� n a as �� @ o mT-T^Q aD o� (At �a �0 7V t+3 = = rm& v ��G7NO? =�r7�� w° @om m3 TT Page 6 of 6 PLANNING COMMISSION FINAL REPORT Case No. 1121-02 INFOR No. 21ZN1046 Plannin Commission Hearin Date: November 10, 2021 Owner: V2 Ventures, LLC Applicant: V2 Ventures, LLC Location Address: 2601 London Pirate Road (County Road 33) u Legal Description: 109.89-acre tract situated in the Cuadrilla Irrigation Company aU Survey No. 137, Abstract 579 and the I.&G.N.R.R. Survey No. 140, Abstract 612, Q°� a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas, located at the northern end of London Pirate Road (County Road 33) and north of Farm to Market 43. From: "FR" Farm Rural District To: "RS-6" Single-Family 6 District 'E s Area: 109.89 acres N Purpose of Request: To allow for the construction of a single-family residential subdivision with approximately 270 units. Existing Zoning District Existing Future Land Use Land Use Site "OCL" Outside City Limits Vacant Medium Density Residential ca North "OCL" Outside City Limits Vacant Drainage oVacant and Low N "RS-4.5" Single-Family 4.5 Medium Density South District Density Residential J Residential n Vacant and X w East "FR" Farm Rural District Public / Semi- Government Public West "RS-4.5" Single-Family 4.5 Vacant Medium Density District Residential 06 Area Development Plan: The subject property is located within the boundaries 0 o of the London Area Development Plan and is planned for a medium density 2 residential use. The proposed rezoning to the "RS-6" Single-Family 6 District is a o T consistent with the adopted Comprehensive Plan (Plan CC). Q City Council District: 3 Zoning Violations: None 0 Transportation and Circulation: The subject property has approximately 2,250 o feet of street frontage along County Road 33 which is designated as an "C1" Minor Collector Street. According to the Urban Transportation Plan, "C1" Minor Collector = Streets can convey a capacity between 1,000 to 3,000 Average Daily Trips (ADT). ca L Staff Report Page 2 Street Urban Transportation Proposed Existing Traffic O Plan Type Section Section Volume London Pirate }' 60' ROW 50' ROW Road (County "Cl" Minor CollectorN/A }' Road 33) 40 paved 18 paved W Case Background: The rezoning case went to the Planning Commission in November of 2021 . City staff and the applicant have since been coordinating the annexation process. Staff Summary: Development Plan: The subject property is 109.89 acres in size. The owner is proposing single-family residences. Existing Land Uses & Zoning: The subject property is currently located outside of the City limits of Corpus Christi. To the north are properties that are also located outside of the City limits and Oso Creek. To the south and west are properties that were recently annexed into the City and zoned "RS-4.5" Single-Family 4.5 District. To the east is the J.C. Elliot Landfill zoned "FR" Farm Rural District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. Utilities: Water: 16-inch C900 line located along FM 43. Wastewater: Access to the West Point Crossing Wastewater Lift Station 1106. Gas: No gas access is located along the subject property. Storm Water: Oso Creek is located to the north of the subject property. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the London Area Development Plan and is planned for Medium Density Residential use. The proposed rezoning to the "RS-6" Single-Family 6 District is consistent with the adopted Comprehensive Plan (Plan CC). The following policies should be considered: • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). Staff Report Page 3 • Support the separation of high-volume traffic from residential areas or other noise- sensitive land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 6). • Support a policy of annexation of land at the periphery of the city to protect the city from urban growth that is incompatible with the developmental objectives of Corpus Christi and to achieve orderly growth. (Future Land Use, Zoning, and Urban Design Policy Statement 6). • Land should be annexed so that all structures are constructed in accordance with building, plumbing, electrical, and other City codes, which are designed to ensure the public health, safety, and welfare. (Future Land Use, Zoning, and Urban Design Policy Statement 6). • Annexation should occur so that impacted areas may benefit from public health programs, zoning laws, police and fire protection, and so that new developments may be planned and linked to the municipal water supplies, wastewater, and storm drainage systems. (Future Land Use, Zoning, and Urban Design Policy Statement 6). Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC). The proposed rezoning is compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. Planning Commission and Staff Recommendation (November 10, 2021): Approval of the zoning from the FR" Farm Rural District to the "RS-6" Single-Family 6 District. Number of Notices Mailed — 2 within 200-foot notification area. 1 outside notification area As of November 5, 2021: In Favor — 0 inside notification area _ — 0 outside notification area 0 In Opposition — 0 inside notification area — 0 outside notification area 0 Z Totaling 0.00% of the land within the 200-foot notification area in opposition. a *Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom. The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet / Total square footage of all property in the notification area = Percentage of public opposition Attachments: A. Location Map (Existing Zoning & Notice Area) Staff Report Page 4 ATTACHMENT A: LOCATION MAP (EXISTING ZONING AND NOTICE AREA) cpz� nh ;RS-6 G� MEMO O' c� RS-6 z a SUBJECT Q PROPERTY FR i RS-4. 5 U 0 10/05/2021 0150:00 -Feer CASE: 1121-02 a ups Zoning and notice Area RM-1 Multifamily) IL Lightlndustrial RM-2 Multifamily 2 IH Has "IMuetrlel h0� d RM-3 MultifamiN 3 PUD Planned Unit D-Overlay ON Professional Office RS-10 Single-Family 10 _ RM-AT Multifamily AT RSL Single-Family B D CN-1 Naighborhaod Cammercial RS3.5 Singl®Family 4.5 "'SUBJECT CN-2 Nelghber➢h�®Coe 'ti m RS- Te Family PRQPERT�r o4i CR-1 ReaortC I e al TF R5-15 SingleFamiN 15 U CR-2 R...MC mmarcial RE Residential Estate CG-1 General Cearimerckal R5-Try Townhoua Y CG-2 Ganer"Commercial SP SPeoisl P.% FM 43 C Intensive Commercial Ry Recrestl tum Vehicle Perk •q CBD Downtown Commercial RMH Manufactured Homs CR-3R.. Commercial h FR Fann Rural ir6 H Hlstoric overlay SOUIC�S' BP Business Park ESri, suntecr aropenyoarczrs City of HEREe annzoo 5 kr O�,e a Corpus Garmirll:, 4 owe mm�z0o•a eeoe X aw ars Christi USGS,Ta LOCATION MAP IattacM1etl vwnersbi➢rabk in opposition Zoning Case #1121 -02 V2 Ventures, LLC. Rezoning for a Property at 2601 London Pirate Road (County Road 33) From "FR" To "RS-6" SUBJECT PROPERTY ,14 �/ �� City Council March 7, 2023 Zoning Pattern and Adjacent Development OCL N Currently Zoned: "FR" Farm Rural District (Annexed) Proposed Use: Single-Family Subdivision OUBJEC4 g Surrounding Uses: PROO PEMI''I Re-4.5 • North: Oso Creek (OCL) • South and West: Single-Family residences (Zoned: RS 4.5) 20010A� • East: Former J.C. Elliot Landfill d (Zoned: FR) Public Notification 2 Notices mailed inside 200' buffer �qs RS-6 1 Notices mailed outside 200' buffer Notification Area Opposed: 0 (0.00%) Separate Opposed Owners: 0 RS U JECT ° PR�P6RTY FR In Favor: 0 (0.00%) ; RS-4.5 C- n FE Notified property owner's land in squares a s, feet/Total square footage of all property in ��,�IT_ the notification area = Percentacle of oublic 0000sition °" ° Analysis and Recommendation w� �b c The proposed rezoning is consistent with the adopted Comprehensive Plan �o (Plan CC). .; The proposed rezoning is compatible with neighboring properties and with the i - general character of the surrounding area. UBJE T �" PROPERTY • This rezoning does not have a negative impact upon the surrounding neighborhood. 4A .� Y } Planning Commission and Staff Q 5TM' Recommendation:Approval f0/05.401 H ` o� " oo RS - 6 z � SUBJECT PROPERTY F R4MTP . 5 untl _ 6 EL V 10/0 t CASE: 1121-02 N 40 vj E 0� tps UQ� O Aerial View h4� O ® Subject 6r Property SUBJECT PROPERTY LL R FM 43 r° �m <u y g Sources: Q Esri, __ li City f HERE; S`' Corpus Ga rm im, Christi USGS, LOCATION MAP se o H v AGENDA MEMORANDUM NOgpOPPt EPublic Hearing and First Reading for the City Council Meeting of March 7, 2023 1852 Second Reading for the City Council Meeting of March 21, 2023 DATE: March 7, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond Development Services Department Alraymond@cctexas.com (361) 826-3275 Rezoning for Property at 7901 South Padre Island Drive CAPTION: Case No. 0123-03 Margo Moore Nonexempt Protection Trust (District 4): Ordinance rezoning property at or near 7901 South Padre Island Drive from the "RS-4.5" Single- Family 4.5 and the "RS-6" Single-Family 6 District to the "RM-1" Multifamily District. PURPOSE: The purpose of this item is to rezone the property to allow for an apartment community. BACKGROUND AND FINDINGS: As detailed in the zoning report, the subject property is 31 .39 acres in size. High-density residential uses include those that are more than 13 dwelling units per acre. The maximum density for the "RM-1" Multifamily District is 22 du/per acre. The maximum buildout potential is 682 units. To the north, uses are vacant and medium-density residential and zoned "RM-3" Multifamily District. To the south, uses are agricultural and vacant and zoned, "RS-4.5" Single-Family 4.5. To the east, are multiple uses including vacant, water, park, and agricultural and zoned "FR" Farm Rural. To the west, uses are agricultural and zoned "RS-4.5" Single-Family 4.5. The proposed rezoning is consistent with the Future Land Use Map (2021) which recommends high-density residential uses. The proposed rezoning helps to meet the housing initiatives in PLANCC including providing quality housing that meets the diverse needs of households at all income levels and all stages of the life cycle. High-density residential uses along the Ennis-Joslin corridor will increase much-needed housing opportunities for Texas A&M Corpus Christi. The proposed rezoning is consistent with transportation and mobility initiatives in PLANCC including support for the development of mode-choice corridors and increasing ridership opportunities with the Corpus Christi Regional Transportation Authority to reduce single-occupancy vehicle use. The proposed use is in keeping with the character of the neighborhood and compatible with adjacent land uses. RECOMMENDATION: Planning Commission and Staff recommended approval of the change of zoning from the "RS-4.5" Single-Family 4.5 District and the "RS-6" Single-Family 6 District to the "RM-1" Multifamily District on January 25, 2023. Vote Results For: 5 Against: 0 Absent: 2 Vacant: 2 ALTERNATIVES: 1 . Denial of the change of zoning from the "RS-4.5" Single-Family 4.5 District and the "RS-6" Single-Family 6 District to the "RM-1" Multifamily District. FINANCIAL IMPACT: There is no fiscal impact associated with this item. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0123-03 Margo Moore Nonexemption Protection Trust (District 4): Ordinance Rezoning a property at or near 7901 South Padre Island Drive, from the "RS-4.5" Single-Family 4.5 District and the "RS-6" Single-Family 6 District to the "RM-1" Multifamily 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; 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 being 31 .39 acres out of lots 23 through 26, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, as shown in Exhibits "A", "B", "C" and "D": From the "RS-4.5" Single-Family 4.5 District and "RS-6" Single-Family 6 District to the "RM-1" Multifamily District. The subject property is located at or near 7901 South Padre Island Drive. Exhibits "A" and "C", which are the metes and bounds of the subject property, and Exhibits "B" and "D", which are associated maps are 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 3 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 3 144 URBAN ENGINEERING ,lob No. 8896.C2.01 December 19, 2022 Exhibit A 18.01 Acre Zoning Tract STATE OF TEXAS COUNTY OF NUECES Fieldnotes, for an 18.01 Acre, Zoning Tract, out of Lots 23 and 24, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43,Map Records of Nueces County, Texas; the said 18.01 Acre,Zoning Tract,being more fully described as follows: Beginning,at a point on the Northwest boundary line of Lot 1,Paul Jones Sports Complex,a map of which is recorded in Volume 67, Pages 495 through 496, said Map Records, being the South comer of Lot 1, Block 1,Oso River Estates Unit 2, a map of which is recorded in Volume 68, Pages 336 through 337, said Map Records, for the East corner of this Tract, from Whence, a 518 Inch Iron Rod with a red plastic cap stamped "URBAN ENGR CCTX" Found, bears South 56°34'34" East, 0.18 Feet; Thence, South 28°39'08"West,with the Southeast boundary line of the said Lot 24 and the Northwest boundary line of the said Lot 1, Paul Jones Sports Complex, 708.21 Feet, to the East corner of a 2.28 Acre Tract of Land out of Lots 25 and 26, the said Section 28,described as Tract 2 in a Gift Deed from the Gladys Mattie Smith Marital Trust, Patricia Ray Peterson Nuss and Christy Ann Peterson Brown to the City of Corpus Christi, Texas,recorded in Document No. 2017017602,Official Public Records of Nueces County,Texas,for the South corner of this Tract; Thence, North 61'32'42"West,with the Northeast boundary line of the said 2.28 Acre Tract, at 0.22 Feet pass,a 518 Inch Iron Rod with a red plastic cap stamped"URBAN ENGR CCTX"Found, in all a distance of 1101.54 Feet, to a 5/8 Inch Iron Rod with a red plastic cap stamped"URBAN ENGR CCTX" Found, on the Southeast Right-of-Way line of Ennis Joslin Road,a public roadway, for the North corner of the said 2.28 Acre Tract and for a comer of this Tract; Thence,North 28°34'03"East,with the said Southeast Right-of-Way line, 715.52 Feet,to a 5f8 Inch Iron Rod with a red plastic cap stamped"URBAN ENGR CCTX" Set, for the North comer of this Tract; Thence, South 61°09'54" East, at 278.85 Feet, pass a 518 Inch Iron Rod with a red plastic cap stamped "URBAN ENGR CCTX" Found,being the West comer of the said Lot 1,Block 1,Oso River Estates Unit 2, in all a distance of 1102.59 Feet,to the Point of Beginning,containing 18.01 Acres(784516 Sq. Ft.)of Land,more or less. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983,Texas South Central Zone 4204,and are based on the North American Datum of 1983(2011)Epoch 20t0.00. Unless this fieldnotes description, including preamble,seal and signature, appears in its entirety,in its original form,surveyor assumes no responsibility for its accuracy.Also reference accompanying skete ct described herein. OF ,�P�•G i s 7 e.F�9 AN ENGINEERING BRIAN • AMO•WRENTSON• fan :'L.0 6839 � <9 TO;E5s1j�-- orentson, W. - '�D•S6Fi�F'� License No. 6839 S:1Surveying188961C20110FFICEIMETES AND BOUNDSIFN8896C201_20221124 18.01 Acres.Docx Page 1 of 1 OFFICE: (361)854-3101 2725 SWANTNER DR. i CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE Firm 9 145 • TBPLS Firm 4 10032400 o Lot 1A, Block 4, Oso River EstatesLot 2A n Vol. 68, Pgs. 30-31, Map N I II�Peary Place Annex "E" 20'Y,R. _ Records of Nueces County, Texas 10-U, I IIS Vol. 49, Pg. 184 — — _�L — -M.RA.C.T. Williams Drive — � UE �I �r7n — 20'Y.R. �10'U.E. — n v 1 25'Y.R. 65' 65'1 1t n Q t� o 01 >, w L!I:71 z 1 p ? � ,r, � �IIn nlI ISIS c, I U `r1 L — — — - - - 15'U.E. - - - - - - - �1 rr a ti �LjQ — — — — — — — — — — —1 I 1 � -- - o 0i aII Lot 1, Block 1 I I v 0 0, z 1 Oso River Estates Unit 2 I x p m 1 I I I I Vol. 68, Pgs. 336-337, Map I I Q' r Q o I 1 Records of Nueces County, Texas I o ° ` 1 o I L — __ —a_ J ¢15UE. "Pd40 oin_Of y I Beginning" i L o cen v °x uE L — S61 409'54"E 1102.59' a z N F- 278.85 - - - - - - --- - — — 7.5'U.E.1(Doc. No. 2014041708, O.P.R.N.C.T.) 1 UE a is o o 1 Legend: o` 1 o f�' co I a o 00 '2 Vol � • 5/8 Inch Iron Rod 811 0r 00 z j c C14 _ UE 5/8 Inch Iron Rod with o z 1 1 a a `a U) I << red plastic cap stamped o 1 W N — 4) o 0 o ui I Z 18.01 Acre (784516sf) ��° "URBAN ENGR CCTX" Found .U1 p I I ad o t� I Zoning Tract � .�°��`� it m I o L C4 u NNS Or ar`�o ��, 0 5/8 Inch Iron Rod with a u U LLJ © �` a , 41 red plastic cap stamped o a 3 a a c 0 p'7 I r, '� p�<�; �� G° "URBAN ENGR CCTX" Set o c a O rn C o N Q t00 o , ?� Ca�gS'GP' a E (o1 1 Q �� o Ul 0 4 e'' a ° I rn z �< J �� Ua _ I rn � C� •� 1 N Lot '23 4`° °�.P°� Lot 24 �Ld> 1 aEiffi a� oV° W rJ I Go o ��a� N 1 Z 12 �04° I 0 (I7wa�: � o 2.28 Acres out of n z o a Lots 23 through 26, Section 28 1 Lq Flour Bluff and Encinal Farm and Garden Tradtsl c� I Vol. A, Pgs. 41-43, Map 1 n 0 o 50' 50' I Records of Nueces County, Texas 0 X2,1 X" UE (Doc. No. 2017017602, O.P.R.N.C.T.) iv — N61'32'42"W 1101.54' . — - _._ oUE I I UE 1 wLot 26 Lot 25 General Notes: 1 0 b 1. 18.01 Acre Tract is located within the N City limits of Corpus Christi, Texas and a ei subdivision based on this I 300 200 100 0 200 400 sketch/description may be in violation of the current City of Corpus Christi subdivision ordinance. Graphic Scale Sketch to Accompany 1"-200' Exhibit B DATE: Dec. 19, 2022 FIELDNOTES, for an 18.01 Acre, Zoning URBAN SCALE: 1"=200' Tract, out of Lots 23 and 24, Section 28, JOB NO.: 8896.C2.01 Flour Bluff and Encinal Farm and Garden ENGINEERING SHEET: 1 of 2 Tracts, a ma of which is recorded in TBPE 11R11 N0.145,19PL5 FIRM NO,100.31400 INP 2715 Sru1TNER OR,OORPVS Onsm,r,78401 DRAWN BY: XG Volume A, Pages 41--43, Map Records of PHONE' 361.854.3191 WWWURBANA Cdr Nueces County, Texas. urbonsurveyl@orboneng.com 02022 by Urban Engineering URBAN ENGINEERING Job No. 8896.C2.01 December 19, 2022 Exhibit C 13.38 Acre Zoning STATE OF TEXAS COUNTY OF NUECES Fieldnotes, for a 13.38 Acre, Zoning Tract, out of Lots 25 and 26, Section 28, Flour Bluff and Encinal Farm and Garden Tracts,a map of which is recorded in Volume A,Pages 41-43, Map Records of Nueces County,Texas;the said 13.38 Acre,Zoning Tract,being more fully described as follows: Beginning, at a point on the Southeast Right-of-Way line of Ennis Joslin Road, a public roadway, being the West corner of a 2.28 Acre Tract of Land out of Lots 25 and 26, the said Section 28,described as Tract 2 in a Gift Deed from the Gladys Mattie Smith Marital.Trust, Patricia Ray Peterson Nuss and Christy Ann Peterson Brown to the City of Corpus Christi, Texas, recorded in Document No. 2017017602, Official Public Records of Nueces County, Texas, from Whence, a 5/8 Inch Iron Rod Found(Disturbed),bears North 64026'32" East, 0.30 Feet; Thence, South 61°32'42"East, with the Southwest boundary line of the said 2.28 Acre Tract, 1101.40 Feet, to a 518 Inch Iron Rod with a red plastic cap stamped "URBAN ENGR CCTX" Found, on the Northwest boundary line of Lot 20, Section 31,said Flour Bluff and Encinal Farm and Garden Tracts, for the East corner of this Tract; Thence, South 28°39'08" West,with the Northwest boundary line of the said Lot 20, 529.29 Feet, to a 518 Inch Iron Rod with a red plastic cap stamped"URBAN ENGR CCTX" Set,for the South comer of this Tract; Thence,North 61°32'42"West, 1100.62 Feet,to a 5f8 Inch Iron Rod with a red plastic cap stamped"URBAN ENGR CCTX"Set, on the said Southeast Right-of-Way line of Ennis Joslin Road,for the West corner of this Tract; Thence, North 28034'03" East, with the said Southeast Right-of-Way line, 529.29 Feet, to the Point of Beginning, containing 13.38 Acres(582754 Sq.Ft.)of Land,more or less. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983,Texas South Central Zone 4204,and are based on the North American Datum of 1983(2011)Epoch 2010.00. Unless this fieldnotes description, including preamble,sea]and signature,appears in its entirety,in its original form,surveyor assumes no responsibility for its accuracy. Also reference accompanying sketct described herein. �A,"i STAR'.--9� * gyp'. BAN KING BRIAN DAVID•LORENT50N J=44.torLe -son;, • 683p • L.S. SURv�'�o License No. 6839 S:1Surveying188961C20110FFICEIMETES AND BOUNDSIFN8896C201 20221124_13.38 Acres.Docx Page 1 of 1 OFFICE: (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaDeng com TBPE Firm 9 145 9 TBPLS Finn 4 10032400 I Lot 1 Paul Jones Lot 2.3 Lot 24 I Sports Complex 2.28 Acres out of Vol. 67, Pgs. 495-496, Map Records of 50' 50' I Lots 23 through 26, Section 28 I I Nueces County, Texas Flour Bluff and Encinal Farm and Garden Tracts I Vol. A, Pgs. 41-43, Map I I 2'x25' Guy wire Easement I Records of Nueces County, Texas 0.�2' (Val. 1412, Pg. 483, UE I (Doc. No. 2017017602. O.P,R.N.C.T.) D.R.N.C.T.) uF � S61132'42"E 1101.40' -- o S I �0 50' Wide. Coastal Transmission Corporation Ip., r N "q Easement and Right—of—Way j X ' o 'ijf 0 -4 (Vol. 865, Pg. 580, D.R.N.C.T.) I I C3? M cn Q v do N z Nc�vTz m - 0.— o ++ d7 1 t� 0i O:+✓ u 1- G a L F° I c U') nw moa I O En v I U o O W 113.38 Acre (582754sf) G o 3 N o o y, M Zoning Tract ,, ,� �� 00 Q ��c` �` C!� I O oUpc0.Zo 0 1 CD O N N N I '� Vow P' r,\ti� f 11 00 V) -- 1n z WoZ �\p J` (AlJ , a 0 G = Il U I N61`32'42"W 1100.62' I o N z Lot 26 Lot 25 I z°o Legend: I Q o u o t o L. X0 'N • 5/8 Inch Iron Rod 0 o� a N o >,L C C4) -z 0 o • 5/8 Inch plastic rocupR stamped owithI 0 j. a o a a 0 "URBAN ENGR CCTX" Found I V O a sa'I so' I maoo o FQU Q 3 -dNo Iz 0 5/8 Inch Iron Rod with Nv red plastic cap stamped •S o_Z `- Z ° a-� URBAN ENGR CCTX Set a w0¢ 0 a o 0j_ m -0 o I � I owl 0-0 LN w 6 Z N I (U 3 �O 0 I �I ° Is1C,4 o �I Holly Road General Notes: 1. 13.38 Acre Tract is located within the City limits of Corpus Christi, Texas and a 300 200 100 0 200 400 subdivision based on this sketch/description may be in violation of the current City of Corpus Christi Graphic Scale subdivision ordinance. 1"-200' Exhibit D ,Sketch to Accompany DATE: Dec. 19, 2022 FIELDNOTES, for a 13.38 Acre, Zoning Tract, URBAN SCALE: 1"=200' out of Lots 25 and 26, Section 28, Flour JOB NO.: 8896.C2.01 Bluff and Encinal Farm and Garden Tracts, o ENGINEERING SHEET: • 1 of 2 map of which is recorded in Volume A, 21W 511V­iN;61UH�5 aPo n,1TX 7400 W4 Pages 41-43, Map Records of Nueces PHONE: 34'.04-3101 WWWARauMMCOW DRAWN BY: XG County, Texas. urbonsurveylOurbaneng.com 02022 by Urban Engineering ZONING REPORT Case # 0123-03 Applicant & Subject Property City Council District: 4 Owner: Margo Moore Nonexemption Protection Trust Applicant: Urban Engineering Address: 7901 South Padre Island Drive, located along the east side of Ennis Joslin Road, north of Holly Road, and south of Williams Drive. Legal Description: 31.39 acres out of lots 23 through 26, Section 28, Flour Bluff and Encinal Farm and Garden Tracts. Acreage of Subject Property: 31.39 acres. Pre-Submission Meeting: November 16, 2022. Zoning Request From: "RS-4.5" Single-Family 4.5 and "RS-6" Single-Family 6 District To: "RM-1" Multifamily District Purpose of Request: To allow for an apartment community. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use "RS-4.5" Single Family Site 4.5 and "RS-6" Single- Agricultural High-Density Residential Family 6 "RM-3" Multifamily and Vacant, Medium-Density High-Density Residential, North "CN-1" Neighborhood Residential Commercial Commercial "RS-4.5" Single-Family Medium-Density South 4.5 Vacant, Agricultural Residential, Commercial Vacant, Water, Park, Permanent Open Space, East Farm Rural Agricultural Medium-Density Residential "RS-4.5" Single-Family West 4.5 Agricultural High-Density-Residential Plat Status: The properties are not platted. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): No Code Violations: None Transportation and Circulation For Ennis Joslin Road Designation-Urban Street Section Proposed Section Existing "AY Primary Arterial Divided 6 Lanes, 5 Lanes, 180' ROW 110' ROW Bicycle Infrastructure Ennis Joslin Segment Proposed Segment Existing Road 1-Way Cycle Track 1-Way Cycle Track (Both Sides) (Both Sides) Transit: The Corpus Christi RTA provides service to the northwest edge of the subject property via routes 29 Staples and 93 Flex at Bay Point Apartments. Utilities Gas: 4" PE line approximately 850 to the south along Holly Road. Stormwater: A storm ditch bisects the subject property from Ennis Joslin to Paul Jones Avenue . Wastewater: 8" PVC service along Ennis Joslin Road. Water: 12" PVC line along Ennis Joslin Road. 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 Southside Area Development Plan (Adopted on March 17, 2020). Water Master Plan: Proposed 16" line along Ennis Joslin Road. Wastewater Master Plan: Proposed main from the north end of the subject property to the storm ditch with a proposed manhole. Stormwater Master Plan: No improvements have been proposed. Public Notification Number of Notices Mailed • 4 within a 200-foot notification area • 3 outside 200-foot notification area In Opposition • 0 inside the notification area • 0 outside the notification area • 0% in opposition within the 200-foot notification area (1 individual property owner) Public Hearing Schedule Planning Commission Hearing Date: January 25, 2023 City Council 1St Reading/Public Hearing Date: March 7, 2023 City Council 2nd Reading Date: March 21 , 2023 Comprehensive Plan Consistency: • Plan CC: The proposed rezoning is consistent with the following Goals and Strategies for Decision Makers: o Future Land Use, Zoning, and Urban Design Zoning Report Page 3 ■ Encourage orderly growth of new residential, commercial, and industrial areas. ■ Promote interconnected neighborhoods with appropriate transitions between lower-intensity and higher-intensity land uses. o Housing ■ Quality housing meets the diverse needs of households at all income levels and all stages of the life cycle. • Support the planning, regulatory, and funding initiatives needed to provide a diversity of housing types — rental and ownership, market-rate, and assisted —to meet community needs. ■ Consider regulations, projects, incentives, and guidelines that promote interconnected development, such as developments with a well- connected street network or appropriate connections to neighboring subdivisions, destinations, or bicycle/pedestrian facilities. o Transportation & Mobility ■ Support the development of mode-choice corridors for bicycles, pedestrians, and public transportation. ■ 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: High-Density Residential. • Area Development Plan (Southside): The proposed rezoning is consistent with the following: o Policy Initiative: Create safe, attractive, and efficient transportation corridors. o Policy Initiative: Improve pedestrian, bicycle, and vehicular connectivity and safety. o Policy Initiative: Promote land development that enhances the character and opportunities in the Southside. 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: • The proposed rezoning is consistent with the Future Land Use Map (2021) which recommends high-density residential uses. High-density residential uses include those that are more than 13 dwelling units per acre. • The proposed rezoning helps to meet the housing initiatives in PLANCC including providing quality housing that meets the diverse needs of households at all income levels and all stages of the life cycle. • High-density residential uses along the Ennis-Joslin corridor will increase much-needed housing opportunities for Texas A &M Corpus Christi. • The proposed rezoning is consistent with transportation and mobility initiatives in PLANCC including support for the development of mode-choice corridors and increasing ridership opportunities with the Corpus Christi Regional Transportation Authority to reduce single-occupancy vehicle use. • The proposed use is in keeping with the character of the neighborhood and compatible with adjacent land uses. 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 & Staff Recommendation: Approval of the change of zoning from the "RS-4.5" Single-Family 4.5 District and the "RS-6" Single-Family 6 District to the "RM-1" Multifamily District. Zoning Report Page 5 ATTACHMENT A: EXISTING ZONING AND NOTICE AREA rS- 6 RM-3 CN- ? R'�SpR RM-3 RS-4. 5 o� SUBJEl PROPER, S- 6 FR RS- TF y�<<Y R S-4--5 Ro� CASE: 0123-03 N SUBJECT PROPERTY WITH ZONING wr 5 ® �G Subject Property ° a-1 Apant Heuse Dis<nct 1-1 Limina Industrial District a rr 'y"61'y"61'y"61A-1A ame Apartment House Distinct 1-2 L ght Industrial strict rt A-2 Apament House District 1-3 Heavy Industrial Dismct AB P"re.onal Office District PUD Planned Urit Development 4+ AT Apartment-Tourist Di but R-1A One Family Dwelling District �+ SUBJECT B-1 Neighborhood Business District R-16 One Family Dwelling District „ 'PROPERTY B-1A Neighborhood Business District R-1D One Family Dwelling Distract 6 B-2 Bayfront Bu District R-2 Multiple Fa Dw II g Distinct - B-7A Barrer Island B iness Distract RA One Family Dwelling Distract r�w g `� B-3 Business Distinct RE Residential Estate District BA General Business District R-TH Townhouse D roiling Distinct P1-I B-5 Primary Business District SP Special Permit B6 Primary Business Core District T-1A Travel Trailer Park District BD Cori Chdsti Beach Design Dist T-1B ManufcturedF«nePark District City of Esli,HERE,Carmin,INCREMENT P, F-R Farm R.i District T-IC Manufactured Home Subdivision COrPl' ,apmY1 Ranch HC Historical-Cultural Landmark District ILOCATION MAP Preservatron Zoning Case 0123-03 Margo Moore Nonexemption Protection Trust DISTRICT Rezoning for properties at 7901 South Padre Island Drive From "RS-4.5" & "RS-6" to "RM-1" % Y FSUBJEC\s Pia PROPERTY ' City of Esri,HERE,G""'- "CREMENT F. COI'PIIS,gyp ian RuncM1 - Chns[i ILOCATION MAP_ w,.., City Council �O March 7, 2023 Zoning and Land Use �tq Proposed Use: oQ To allow for an apartment community. /j h1GP Area Development Plan: Southside (Adopted March 17, 2020) AC Future Land Use Map: High-Density Residential o� z� z Existing Zoning District: °'K "RS-4.5" Single-Family 4.5, "RS-6" Single-Family 6 WATER Adjacent Land Uses: North: Vacant, Medium-Density Residential (Zoned: RM-3, CN) South: Vacant,Agricultural Zoned: RS-4.5 East: Vacant, Water, Park, Agricultural (Zoned: FR) West:Agricultural (Zoned: RS-4.5) AG Ho(�YRO vac _ Public Notification 4 Notices mailed inside 200' buffer 6M-3 �N- 3 Notice(s) mailed outside 200' buffer R M-3 3 Notification Area � RS-4.5 � Opposed: 0 (0%) Separate Opposed Owners. 0 4 S,1'6 In Favor: 0 (0.00%) / -�F R RS-TF / ' N "Notified property owner's land in SQF/Total square footage of all property in the notification area Percentage of public opposition. .5 Ro Staff Analysis And Recommendation • The proposed rezoning is consistent with the Future Land Use Map (2021) which recommends high-density residential uses. High-density residential uses include those that are more than 13 dwelling units per acre. • The proposed rezoning helps to meet the housing initiatives in PLANCC including providing quality housing that meets the diverse needs of households at all income levels and all stages of the life cycle. • High-density residential uses along the Ennis-Joslin corridor will increase much-needed housing opportunities for Texas A&M Corpus Christi. • The proposed rezoning is consistent with transportation and mobility initiatives in PLANCC including support for the development of mode-choice corridors and increasing ridership opportunities with the Corpus Christi Regional Transportation Authority to reduce single-occupancy vehicle use. • The proposed use is in keeping with the character of the neighborhood and compatible with adjacent land uses. RECOMMENDATION: The Planning Commission and Staff recommend approval of the rezoning request from the "RS-4.5" Single-Family 4.5 District and the "RS-6" Single-Family 6 District to the "RM-1" Multifamily District. 00, rT �,� �� PROPERTY � � �``►,.� ,w' �., ! �n OA CASE: 0123-03 N c:r. N a Q- Pio s� w- -E 101 c<r P� O S Aerial View ooa ({ J a ® Subject Property g` a Mustan a Isl an � � S btlre/ s'e a SUBJECTS 0 8/qntl s 5`' �PROPERTYO Q °' r 6■►1■ �tl City of Esri, HERE,Garmin,INCREMENT P, Corpus apman Ranch LOCATION MAP Christi SC w 0 H V CORPORI AGENDA MEMORANDUM 1$52+ Action Item for the City Council Meeting March 7, 2023 DATE: February 28, 2023 TO: Peter Zanoni, City Manager FROM: Wendy Herman, Intergovernmental Relations wendyh 1 Ca)-cctexas.com 361-826-3179 Resolution to adopt City of Corpus Christi Legislative Agenda for the 118th United States Congress CAPTION: Resolution to adopt City of Corpus Christi Legislative Agenda for the 1 181h United States Congress SUMMARY: The City Council adopts a legislative agenda each biennium for the new Congress. The resolution identifies the policy and appropriations priorities of the City Council for the 118th United States Congress, which convened on January 3, 2023. BACKGROUND AND FINDINGS: The City's General Legislative Policy (below) is used to guide the City's contract lobbyists and the Intergovernmental Relations Department in evaluating federal legislative proposals not covered by the City's specific legislative policy initiatives. General Legislative Policy The City SUPPORTS legislation and/or The City OPPOSES legislation and/or administrative actions that: administrative actions that: Protect and enhance City revenues. Undermine the principle of home rule and local control by the City. Reduces or eliminates costs to the City. Results in the loss of revenue or negatively impacts potential revenue growth to the City. Supports local control. Diminishes the authority of cities to regulate and manage their growth and development. Protects policies previously established by City Nullifies or undermines the City's policies leadership through the Charter, ordinances, contained in existing provisions of the Charter, resolutions, and master plans. ordinances, resolutions, and master plans, unless such changes expand the City's ability to manage its own affairs. Provides increased educational opportunities Imposes unfunded mandates that requires any and job creation/retention for the citizens of expenditures by the City unless all costs are fully Corpus Christi and the Coastal Bend region reimbursed by the mandating governmental through the Port of Corpus Christi authority, entity. public schools, community colleges and universities The City's Intergovernmental Relations Department identified three levels of importance on federal issues, which the City Council selects for each of the federal appropriations or policy recommendations. • Priority— means the City will actively pursue and support/oppose the policy, including, if necessary, seeking introduction and passage of legislation. This would include purely local Corpus Christi bills, as well as very important legislation of broad application. • Actively Support/Oppose — means the City will aggressively attempt to influence passage/defeat of a measure if it is introduced by some other entity. • Endorse — means the City will make its support or opposition known but will not actively pursue the issue. ALTERNATIVES: The Council can choose to: 1. Adopt the resolution. 2. Not adopt the resolution. 3. Make revisions to the resolution. FISCAL IMPACT: No financial impact to the city RECOMMENDATION: Staff recommends adoption of this resolution which will serve as the guiding principles for the City of Corpus Christi in the Congress. LIST OF SUPPORTING DOCUMENTS: Council Resolution Power Point Presentation Resolution adopting the City of Corpus Christi's Legislative Agenda for Federal Legislative Priorities for the 118th U.S. Congress WHEREAS, the 118th United States Congress convened on January 3, 2023 for two annual sessions; and WHEREAS, the City of Corpus Christi, its residents, businesses, industry, governments, agencies and institutions benefit significantly from federal and state government agency programs and services provided in the community and are greatly impacted by legislative activities; and WHEREAS, during every congress, thousands of bills are filed and many have the potential to either directly or indirectly impact the City of Corpus Christi (City), its programs and services, its citizens, the tax base, and community needs; and WHEREAS, The City's Intergovernmental Relations (IGR) Department is responsible for monitoring state and federal governmental activities, developing legislative priorities approved by City Council, managing the City's legislative consultants at Hance Scarborough in Washington, D.C., and coordinating legislative activities with other public and private sector entities and municipal advocacy organizations; and WHEREAS, to be successful, this ever-evolving business environment requires close contact and constant communication with legislative leadership, external legislative consultants, national and statewide municipal advocacy organizations, national and statewide partners, community leadership, and community stakeholders. WHEREAS, it is necessary to provide guidance for the City's officers and representatives in conducting the City's federal legislative efforts and relations; Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Council generally SUPPORTS federal and state legislation and/or administrative actions that: • Protects policies previously established by City leadership through Charter, ordinances, resolutions and master plans • Furthers local control; • Protect and enhance City revenues; • Reduce or eliminates costs to the City; and • Provides increased educational opportunities and job creation/retention for the citizens of Corpus Christi and the Coastal Bend region through the military, the Port of Corpus Christi Authority, public schools, community colleges and universities. SECTION 2. The City Council generally OPPOSES federal and state legislation and/or administrative actions that: • Nullify or undermine the City's policies contained in existing provisions of the Charter, ordinances, resolutions, and master plans, unless such changes expand the City's ability to manage its own affairs. • Diminishes the authority of cities to regulate and manage their growth and development. • Imposes unfunded mandates that requires any expenditures by the City unless all costs are fully reimbursed by the mandating governmental entity. • Undermine the principle of home rule and local control by the City, • Results in the loss of revenue or negatively impacts potential revenue growth to the City. SECTION 3. The City Council adopts the following policy issues as its federal legislative agenda for the two annual sessions of the 118th Congress: A. FEDERAL PRIORITIES Protect the investment made by taxpayers over the past 80 years, support adequate funding from the U.S. Department of Defense for the vital military missions and national security value of Naval Air Station Corpus Christi (NASCC), Naval Air Station Kingsville (NASK), the Corpus Christi Army Depot (CCAD), the United States Coast Guard and all tenant commands located at NASCC, including active duty and civilian personnel, training, equipment, maintenance of aging facilities and infrastructure and new construction of necessary facilities and infrastructure to ensure force readiness. Support elimination of the Production Tax Credit for wind farm developments within close proximity of a military installation and flight training routes. Oppose definitions or procedural changes or practices at the Department of Defense which would result in reduced workload at military depots such as CCAD. Oppose pre-emption by federal agencies which nullify or undermine the policies contained in existing provisions of the Charter, ordinances, resolutions, and master plans, specifically the Federal Communications Commission's (FCC) proposed regulatory overreach on small cell telecommunication deployment and FCC's rules that significantly reduce cable franchise fees and impact Public, Educational and Government (PEG) channels. Protect existing tax-exempt status of municipal bonds and support legislation that would restore advance refunding of tax-exempt bonds. Prohibit redefining "Waters of the United States". Prevent the Army Corps of Engineers and the Environmental Protection Agency from expanding the definition of surface waters and wetlands that are subject to the Clean Water Act's regulatory requirements and protection. Monitor the impact of EPA's new Lead and Copper rule for water utilities Support policy that enables the city to permit, develop, and fund drought resistant water supply sources. B. ACTIVELY SUPPORT Preserving the funding levels of congregate meal and home-delivered meals, and Preserving funding levels for all other aging services programs, including Senior Companion Program and the Retired Senior Volunteer Program Support level or increased funding for the U.S. Department of Housing and Urban Development (HUD) for Community Development Block Grant, HOME, and Homeless Assistance programs. Support funding for Federal Aviation Administration (FAA) programs that support Corpus Christi International Airport Improvement projects. Support federal infrastructure programs, including full funding for the Highway Trust Fund, which promotes investment in highways, rail, waterways, utilities, and technology without requiring excessive local debt and additional unfunded mandates. Increase the rate of return for Texas from the Highway Trust fund to correct the imbalance of Texas' status as the only donor state to the trust fund. Support expansion of federally designated opportunity zone program and allow for local governments in economically disadvantaged areas to advocate for and participate in opportunity zone designation and development. Create a pathway for residents living within opportunity zones to have access to participate in Qualified Opportunity Zone Funds. Support Stafford Act reforms that would streamline disaster response timelines and clarify the act with regard to funding of projects affected by duplication of authority. Support preservation of and improvements to the Historic Tax Credit (HTC) as seen in the Historic Tax Credit Growth and Opportunity Act (HTC-GO) Support legislation that funds and enables broadband infrastructure and universal access across the city. C. ACTIVELY OPPOSE Oppose any actions that would increase barriers to trade, such as tariffs on intermediate goods. Oppose any barriers that would prevent Coastal Bend businesses and industries from staying competitive in a global economy and result in a net loss for the economic health of our regions, state, and country. Oppose the elimination of the Office of Local Defense Community Cooperation (OLDCC), which is the only means for the Department of Defense (DoD) to directly support civilian activities that, in turn, provide direct value and savings to the warfighter by allowing DoD to reduce costs by shedding excess infrastructure, engaging a more resilient supply chain and competitive defense manufacturing sector, and enhancing the lethality of our assets through joint land use planning. SECTION 4. ENDORSEMENTS. The City Council endorses the federal legislative priorities and recommendations of affiliate professional, trade, community and services organizations in which the City, its elected officials, and/or staff in their official capacity are members of or serve on the boards of directors, when those policy recommendations are aligned with the mission of the City and are not in conflict with a specific policy adopted by the City Council. Those entities may include, but are not limited to: United States Conference of Mayors National League of Cities National Community Development Association National Association of Nutrition and Aging Services Alliance for Interstate 69 Texas Association of Defense Communities Army Aviation Association of America Coalition for Sustainable Flood Insurance American Planning Association United Corpus Christi Chamber of Commerce South Texas Military Facilities Task Force Corpus Christi Convention and Visitors Bureau Del Mar College Texas A&M University Corpus Christi Texas A&M University Kingsville Workforce Solutions of the Coastal Bend Corpus Christi Economic Development Corporation Coastal Bend Council of Governments National Association of Telecommunications Officers and Advisors (NATOA) American Public Works Association SECTION 5. The Legislative Priorities remain in effect until amended by the City Council. SECTION 6. Staff is directed to distribute these State Legislative Priorities to the local legislative delegation, legislative leadership, external legislative consultants, municipal advocacy organizations, federal and state municipal partners, community leadership, and community stakeholders to solicit their advice and support. This resolution takes effect upon City Council approval on this the day of , 2023. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor of , 2023 The above resolution was passed by the following vote: Paulette Guajardo Michael Hunter Mike Pusley James Klein Everett Roy Roland Barrera Sylvia Campos Dan Suckley Gil Hernandez Legislative Priorities 118th United States Congress Council Presentation ® 2023 March 7, General Legislative Policy The City SUPPORTS state and federal legislation The City OPPOSES state and federal legislation and/or and/or administrative actions that: administrative actions that: Protects policies previously established by City Nullifies or undermines the City's policies contained in existing leadership through the Charter,ordinances, provisions of the Charter,ordinances, resolutions,and master resolutions,and master plans. plans, unless such changes expand the City's ability to manage its own affairs. Supports local control. Diminishes the authority of cities to regulate and manage their growth and development. Protect and enhance City revenues. Imposes unfunded mandates that requires any expenditures by the City unless all costs are fully reimbursed by the mandating governmental entity. Reduces or eliminates costs to the City. Undermine the principle of home rule and local control by the City. Provides increased educational opportunities and job Results in the loss of revenue or negatively impacts potential creation/retention for the citizens of Corpus Christi revenue growth to the City. and the Coastal Bend region through the Port of Corpus Christi authority,public schools,community colleges and universities. Contract Lobbyist Larry Meyers Hance Scarborough , Washington, D.C. F4.. t The Path Ahead This session there has been a change in party leadership in the House with Republicans winning a slim majority The simple process of electing a House Speaker took many days and may foreshadow the difficulty to get bills passed in the House over the next two years Democrats control the US Senate Federal Legislative Priorities Protect the Military Missions in our community Protect federal funding programs that are essential to City operations Increase federal infrastructure funds coming to Texas Reform FEMA processes to streamline disaster recovery Increase economic development tools Support legislation that funds and enables broadband infrastructure and universal access across the city. Questions? Wendy Herman Intergovernmental Relations 361-826-3179 wendyhl@cctexas.com �vs cr �o v NOflPORPY ED xss2 AGENDA MEMORANDUM Action Item for the City Council Meeting of March 7, 2023 DATE: March 7, 2023 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P.E., Director of Engineering Services 6effreyea-cctexas.com (361) 826-3851 Wesley Nebgen, Director of Water System Infrastructure WesleyN a-cctexas.com (361) 826-3111 Josh Chronley, CTCD, Assistant Director of Finance & Procurement 6oshc2(a)-cctexas.com (361) 826-3169 Construction Contract Award Citywide Water Line Repair/Replace-Large Diameter IDIQ, Project No. 23065 CAPTION: Motion awarding a construction contract to Clark Pipeline Services, LLC, Corpus Christi, Texas, for Citywide Water Line Repair/Replace-Large Diameter Indefinite Delivery Indefinite Quantity (IDIQ) project in an amount of $5,000,000.00, located Citywide, with FY 2023 funding available from the Water Capital Fund. SUMMARY: This motion awards a construction contract for the Citywide Water Line Repair/Replace-Large Diameter IDIQ project. The project is an IDIQ construction contract to replace large diameter waterlines within the City's water distribution system at various locations throughout the City. BACKGROUND AND FINDINGS: The project is an Indefinite Delivery Indefinite Quantity (IDIQ) construction contract to complete water distribution system construction throughout the city. The work will be issued by the City in multiple indefinite quantity individual work orders called "Delivery Orders" (DO) that provide specific scope and requirements in accordance with the plans, specifications, and contract documents. The delivery orders are planned, designed, and prepared by the CCW Engineering team. The contract and construction are managed and inspected by the Engineering Services Department. This is a "not to exceed" contract and may only issue Delivery Orders up to the contract ceiling. The scope of work includes removal and abandonment of water lines, installation of new 6-inch to 24-inch (max) water lines by open trenching or horizontal directional drilling, casing, new fire hydrants, valves, fittings, services, pavement repairs, and other miscellaneous items required to complete the project. Work also includes emergency response Delivery Orders that require Contractor to always have management personnel and crews available and on-call during the Contract to provide emergency response services. Emergency Delivery Orders will include improvements for water lines from 2-inch to 24-inch (max). The contract will have a duration of one year, in an amount not to exceed $5,000,000.00. This IDIQ Contract will not include any renewals. Each Delivery Order shall be treated as an individual contract and be completed within the stipulated substantial completion days in each DO document. CCW does have a current Water Large Diameter IDIQ contract with Clark Pipeline Services, LLC. The work included in this contract is scheduled to be completed by the end of April 2023. Overall CCW currently has three IDIQ contracts for water and wastewater totaling $18,500,000. Planned projects, pipe replacement goals, and inflation have all contributed to the need for increased funding and additional contracts. This is the third of seven IDIQ contracts that CCW will be implementing this fiscal year. Multiple contracts will provide greater flexibility in responding and completing projects effectively and efficiently. A breakdown of additional contracts are as follows. CCW IDIQ Indefinite Delivery Indefinite Quantity Contracts Utility Contract Value Bid Date Estimated Council Agenda Date 1 Wastewater $5,000,000 October 19, 2022 January 24, 2023 2 Water Small Diameter $5,000,000 December 7, 2022 January 24, 2023 3 Water Large Diameter $5,000,000 January 18, 2023 February, 2023 4 Wastewater Manhole $2,000,000 March 2023 April, 2023 5 Wastewater $8,000,000 March 2023 April, 2023 6 Water Small Diameter $5,000,000 April 2023 May, 2023 7 Water Large Diameter $5,000,000 April 2023 May, 2023 Total IDIQ Contract Value $35,000,000 PROJECT TIMELINE: 2022 - 2023 2023 - 2024 December - February March - March Bid/ Construction Award Project schedule reflects City Council award in February 2023 with anticipated completion in March 2024. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Bid for the project and on January 18, 2023, the city received bids from two bidders. The City evaluated the bids in accordance with the contract documents and determined Clark Pipeline Services, LLC to be the lowest responsive and responsible bidder. A summary of the bids is provided below: BID SUMMARY CONTRACTOR BASE BID Clark Pipeline Services, LLC $5,161,919.75 Guerra Underground, LLC $6,175,581.00 Engineer's Opinion of Probable Construction Cost $5,255,640.82 Clark Pipeline Services, LLC has successfully completed numerous projects with the City including Alameda, Ayers, and Navigation Street project which include water line replacement. Clark Pipeline Services, LLC has also completed various water IDIQ projects since 2017. Clark Pipeline Services was recently awarded a similar IDIQ contract for small-diameter water line replacements. ALTERNATIVES: City Council could choose not to award the construction contract to Clark Pipeline Services, LLC. This would delay repairs to the water distribution system causing more costly repairs to the infrastructure and property. FISCAL IMPACT: The fiscal impact for the FY 2023 is an amount of$5,000,000.00 with funding available from the Water Capital Fund. FUNDING DETAIL: Fund: Water 2023 CIP (Fund 4486) Department: Water (45) Organization: Grants & Capital Project Funds (89) Project: Citywide Water Line Repair/Replace — Large Diameter IDIQ (Project No. 23065) Account: Construction (550910) Activity: 23065-4486-EXP Amount: $5,000,000.00 RECOMMENDATION: Staff recommends awarding the construction contract for the Citywide Water Line Repair/Replace-Large Diameter IDIQ project to Clark Pipeline Services, LLC, in the amount of $5,000,000.00. The construction duration is planned for 12 months from issuance of the Notice to Proceed to begin construction in March 2023 with completion in March 2024. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Map Bid Tab CIP Page PowerPoint Presentation t I N SCALE: N.T.S. CITYWIDE PROJECT .� a NUECES RAY ° N CORPUS CHRISTI N °b L s omen CORPUS CHRISTI RAY cwesn aee OSO Drtt w mR FLOUR BLUFF aee m LAGUNA NADRE GULF OF NEXCO VICINITY MAP NOT TO SCALE Project Number: 23065 CITYWIDE WATER LINE REPAIR REPLACE CITY COUNCIL EXHIBIT \� CITY OF CORPUS CHRISTI,TEXAS LARGE DIAMETER DEPARTMENT OF ENGINEERING SERVICES w,. N SCALE: N.T.S. CITYWIDE PROJECT -464 1 b Y,. III i a �4 AERIAL MAPS NOT TO SCALE Project Number: 23065 CITYWIDE WATER LINE REPAIR REPLACE CITY COUNCIL EXHIBITCITY OF CORPUS CHRISTI,TEXAS LARGE DIAMETER DEPARTMENT OF ENGINEERING SERVICES TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Dhruv Deshmukh,PE DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,January 18,2023 RFB#4483 Clark Pipeline Services,LLC Guerra Underground,LLC PROJECT NO.23065 Citywide Water Line Repair/Replace-Large Diameter IDIQ 6229 Leopard Street 5114 Balcones Woods Dr. 307-425 BASE BID Corpus Christi,TX 78409 Austin,TX 78759 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT Part A-GENERAL A-01 IMOBILIZATION(MAXIMUM 5%of PROJECT TOTAL) LS 1 $ 165,200.00 $ 165,200.00 $ 302,000.00 $ 302,000.00 A-02 IOZONE ADVISORY DAY DAY 1 $ 236.00 $ 236.00 $ 4,240.00 $ 4,240.00 SUBTOTAL PART A-GENERAL(items Al thruA2) $ 165,436.00 $ 306,240.00 Part B-WATERLINE IMPROVEMENTS B-01 REMOVE AND DISPOSE OF 6"DIAM.CIP/DIP/PVC WATERLINE(UP TO 5-FT OF LF 5 $14.16 $ 70.80 $ 48.00 $ 240.00 COVER B-02 REMOVE AND DISPOSE OF 8"-10" DIAM.CIP/DIP/PVC WATERLINE(UP TO 5-FT OF LF 5 $17.70 $ 88.50 $ 48.00 $ 240.00 COVER B-03 REMOVE AND DISPOSE OF 12"-14" DIAM.CIP/DIP/PVC WATERLINE(UP TO 5-FT OF LF 10 $31.86 $ 318.60 $ 55.00 $ 550.00 COVER B-04 REMOVE AND DISPOSE OF 16" DIAM. CIP/DIP/PVC WATERLINE (UP TO 5-FT OF LF 10 $33.04 $ 330.40 $ 57.00 $ 570.00 COVER B-05 REMOVE AND DISPOSE OF 18" DIAM. CIP/DIP/PVC WATERLINE (UP TO 5-FT OF LF 10 $33.04 $ 330.40 $ 44.00 $ 440.00 COVER B-06 REMOVE AND DISPOSE OF 20" DIAM. CIP/DIP/PVC WATERLINE (UP TO 5-FT OF LF 10 $33.04 $ 330.40 $ 59.00 $ 590.00 COVER B-07 REMOVE AND DISPOSE OF 24" DIAM. CIP/DIP/PVC WATERLINE (UP TO 5-FT OF LF 5 $33.04 $ 165.20 $ 59.00 $ 295.00 COVER B-08 REMOVE AND DISPOSE OF 6"DIAM.ACP WATERLINE(UP TO 5-FT OF COVER) LF 5 $94.40 $ 472.00 $ 68.00 $ 340.00 B-09 REMOVE AND DISPOSE OF 8"-10" DIAM.ACP WATERLINE(UP TO 5-FT OF COVER) LF 5 $132.16 $ 660.80 $ 68.00 $ 340.00 B-10 REMOVE AND DISPOSE OF 12" - 14" DIAM. ACP WATERLINE (UP TO 5-FT OF LF 10 $180.54 $ 1,805.40 $ 70.00 $ 700.00 COVER B-11 REMOVE AND DISPOSE OF 16"DIAM.ACP WATERLINE(UP TO 5-FT OF COVER) LF 10 $218.30 $ 2,183.00 $ 73.00 $ 730.00 B-12 REMOVE AND DISPOSE OF 18"DIAM.ACP WATERLINE(UP TO 5-FT OF COVER) LF 10 $245.83 $ 2,458.30 $ 47.00 $ 470.00 Page 1 of 16 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Dhruv Deshmukh,PE DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,January 18,2023 RFB#4483 Clark Pipeline Services,LLC Guerra Underground,LLC PROJECT NO.23065 Citywide Water Line Repair/Replace-Large Diameter IDIQ 6229 Leopard Street 5114 Balcones Woods Dr. 307-425 BASE BID Corpus Christi,TX 78409 Austin,TX 78759 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT B-13 REMOVE AND DISPOSE OF 20"DIAM.ACP WATERLINE(UP TO 5-FT OF COVER) LF 10 $269.43 $ 2,694.30 $ 50.00 $ 500.00 B-14 REMOVE AND DISPOSE OF 24"DIAM.ACP WATERLINE(UP TO 5-FT OF COVER) LF 10 $281.23 $ 2,812.30 $ 50.00 $ 500.00 B-15 EXTRA DEPTH FOR WATERLINE REMOVALS FOR EACH VERTICAL FOR OVER 5-FT LF 5 $79.33 $ 396.65 $ 13.00 $ 65.00 OF COVER,ADDED LINEARLY ALONG THE TRENCH(ALL PIPE SIZES) B-16 FURNISH AND INSTALL 6" DIAM. C900 DR18 PVC WATERLINE (UP TO 5-FT OF LF 5 $41.54 $ 207.70 $ 182.00 $ 910.00 COVER B-17 FURNISH AND INSTALL 8"-10" DIAM.C900 DR18 PVC WATERLINE(UP TO 5-FT OF LF 5 $75.98 $ 379.90 $ 228.00 $ 1,140.00 COVER B-18 FURNISH AND INSTALL 12"-14" DIAM.C900 DR18 PVC WATERLINE(UP TO 5-FT OF LF 10 $121.26 $ 1,212.60 $ 275.00 $ 2,750.00 COVER B-19 FURNISH AND INSTALL 16" DIAM. C900 DR18 PVC WATERLINE (UP TO 5-FT OF LF 10 $148.50 $ 1,485.00 $ 306.00 $ 3,060.00 COVER B-20 FURNISH AND INSTALL 18" DIAM. C900 DR18 PVC WATERLINE (UP TO 5-FT OF LF 10 $180.42 $ 1,804.20 $ 292.00 $ 2,920.00 COVER B-21 FURNISH AND INSTALL 20" DIAM. C900 DR18 PVC WATERLINE (UP TO 5-FT OF LF 10 $581.23 $ 5,812.30 $ 342.00 $ 3,420.00 COVER B-22 FURNISH AND INSTALL 24" DIAM. C900 DR18 PVC WATERLINE (UP TO 5-FT OF LF 5 $292.69 $ 1,463.45 $ 434.00 $ 2,170.00 COVER B-23 FURNISH AND INSTALL 6"DIAM.DIP WATERLINE(UP TO 5-FT OF COVER) LF 5 $171.68 $ 858.40 $ 207.00 $ 1,035.00 B-24 FURNISH AND INSTALL 8"-10" DIAM.DIP WATERLINE(UP TO 5-FT OF COVER) LF 5 $262.04 $ 1,310.20 $ 239.00 $ 1,195.00 B-25 FURNISH AND INSTALL 12"-14" DIAM.DIP WATERLINE(UP TO 5-FT OF COVER) LF 10 $316.18 $ 3,161.80 $ 326.00 $ 3,260.00 B-26 FURNISH AND INSTALL 16"DIAM.DIP WATERLINE(UP TO 5-FT OF COVER) LF 10 $272.44 $ 2,724.401 $ 345.00 1 $ 3,450.00 B-27 FURNISH AND INSTALL 18"DIAM.DIP WATERLINE(UP TO 5-FT OF COVER) LF 10 $316.18 $ 3,161.80 $ 311.00 $ 3,110.00 B-28 FURNISH AND INSTALL 20"DIAM.DIP WATERLINE(UP TO 5-FT OF COVER) LF 10 $366.78 $ 3,667.80 $ 373.00 $ 3,730.00 B-29 FURNISH AND INSTALL 24"DIAM.DIP WATERLINE(UP TO 5-FT OF COVER) LF 10 $485.28 $ 4,852.80 $ 446.00 $ 4,460.00 Page 2 of 16 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Dhruv Deshmukh,PE DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,January 18,2023 RFB#4483 Clark Pipeline Services,LLC Guerra Underground,LLC PROJECT NO.23065 Citywide Water Line Repair/Replace—Large Diameter IDIQ 6229 Leopard Street 5114 Balcones Woods Dr. 307-425 BASE BID Corpus Christi,TX 78409 Austin,TX 78759 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT B-30 EXTRA DEPTH FOR WATERLINE INSTALLATIONS FOR EACH VERTICAL FOOT OVER LF 5 $1,000.00 $ 5,000.00 $ 6.00 $ 30.00 5-FT OF COVER,ADDED LINEARLY ALONG THE TRENCH(ALL PIPE SIZES) B-31 FURNISH AND INSTALL 6"DIAM.C900 DR18 PVC WATERLINE(UP TO 5-FT COVER) LF 100 $65.85 $ 6,585.00 $ 122.00 $ 12,200.00 B-32 FURNISH AND INSTALL 8"-10" DIAM.C900 DR18 PVC WATERLINE(UP TO 5-FT OF LF 100 $84.45 $ 8,445.00 $ 184.00 $ 18,400.00 COVER B-33 FURNISH AND INSTALL 12"-14" DIAM.C900 DR18 PVC WATERLINE(UP TO 5-FT OF LF 100 $120.45 $ 12,045.00 $ 214.00 $ 21,400.00 COVER B-34 FURNISH AND INSTALL 16" DIAM. C900 DR18 PVC WATERLINE (UP TO 5-FT OF LF 100 $142.97 $ 14,297.00 $ 244.00 $ 24,400.00 COVER B-35 FURNISH AND INSTALL 18" DIAM. C900 DR18 PVC WATERLINE (UP TO 5-FT OF LF 100 $169.34 $ 16,934.00 $ 258.00 $ 25,800.00 COVER B-36 FURNISH AND INSTALL 20" DIAM. C900 DR18 PVC WATERLINE (UP TO 5-FT OF LF 100 $196.74 $ 19,674.00 $ 305.00 $ 30,500.00 COVER B-37 FURNISH AND INSTALL 24" DIAM. C900 DR18 PVC WATERLINE (UP TO 5-FT OF LF 100 $262.11 $ 26,211.00 $ 379.00 $ 37,900.00 COVER B-38 EXTRA DEPTH FOR WATERLINE INSTALLATION FOR EACH VERTICAL FOOT OVER 5- LF 5 $25.17 $ 125.85 $ 6.00 $ 30.00 FT COVER,ADDED LINEARLY ALONG THE TRENCH ALL PIPE SIZES B-39 CONNECT AND DISCONNECT SERVICE TO TEMPORARY WATER SUPPLY EA 4 $2,082.54 $ 8,330.16 $ 3,150.00 $ 12,600.00 B-40 POINT REPAIR IN FRONT EASEMENT EA 2 $2,918.36 $ 5,836.72 $ 11,682.00 $ 23,364.00 B-41 CONNECT AND DISCONNECT SERVICE TO TEMPORARY WATER SUPPLY EA 4 $2,234.00 $ 8,936.00 $ 3,150.00 $ 12,600.00 B-42 POINT REPAIR IN REAR EASEMENT EA 2 $2,918.36 $ 5,836.72 $ 11,682.00 $ 23,364.00 B-43 FURNISH AND INSTALL 6"DIAM.C900 DR 18 FUSIBLE PVC WATERLINE BY HDD LF 5 $434.27 $ 2,171.35 $ 160.00 $ 800.00 B-44 FURNISH AND INSTALL 8"-10" DIAM.C900 DR 18 FUSIBLE PVC WATERLINE BY HDD LF 5 $487.53 $ 2,437.65 $ 209.00 $ 1,045.00 B-45 FURNISH AND INSTALL 12"-14" DIAM. C900 DR 18 FUSIBLE PVC WATERLINE BY LF 10 $653.60 $ 6,536.00 $ 351.00 $ 3,510.00 HDD B-46 FURNISH AND INSTALL 16"DIAM.C900 DR 18 FUSIBLE PVC WATERLINE BY HDD LF 10 $703.38 $ 7,033.80 $ 508.00 $ 5,080.00 Page 3 of 16 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Dhruv Deshmukh,PE DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,January 18,2023 RFB#4483 Clark Pipeline Services,LLC Guerra Underground,LLC PROJECT NO.23065 Citywide Water Line Repair/Replace—Large Diameter IDIQ 6229 Leopard Street 5114 Balcones Woods Dr. 307-425 BASE BID Corpus Christi,TX 78409 Austin,TX 78759 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT B-47 FURNISH AND INSTALL 18"DIAM.C900 DR 18 FUSIBLE PVC WATERLINE BY HDD LF 10 $786.25 $ 7,862.50 $ 525.00 $ 5,250.00 B-48 FURNISH AND INSTALL 20"DIAM.C900 DR 18 FUSIBLE PVC WATERLINE BY HDD LF 10 $849.13 $ 8,491.30 $ 734.00 $ 7,340.00 B-49 FURNISH AND INSTALL 24"DIAM.C900 DR 18 FUSIBLE PVC WATERLINE BY HDD LF 10 $976.88 $ 9,768.80 $ 963.00 $ 9,630.00 B-50 FURNISH AND INSTALL AIR RELEASE VALVES AND MANHOLE EA 1 $14,736.63 $ 14,736.63 $ 8,940.00 $ 8,940.00 B-51 CONSTRUCT DRILL PADS EA 1 $8,850.00 $ 8,850.00 $ 6,420.00 $ 6,420.00 B-52 FURNISH AND INSTALL 6"DIAM.C900 DR 18 FUSIBLE PVC WATERLINE BY HDD LF 300 $434.27 $ 130,281.00 $ 165.00 $ 49,500.00 B-53 FURNISH AND INSTALL 8"-10" DIAM.C900 DR 18 FUSIBLE PVC WATERLINE BY HDD LF 300 $487.53 $ 146,259.00 $ 215.00 $ 64,500.00 B-54 FURNISH AND INSTALL 12"-14" DIAM. C900 DR 18 FUSIBLE PVC WATERLINE BY LF 300 $653.60 $ 196,080.00 $ 355.00 $ 106,500.00 HDD B-55 FURNISH AND INSTALL 16"DIAM.C900 DR 18 FUSIBLE PVC WATERLINE BY HDD LF 300 $703.38 $ 211,014.00 $ 515.00 $ 154,500.00 B-56 FURNISH AND INSTALL AIR RELEASE VALVES AND MANHOLE EA 1 $14,736.63 $ 14,736.63 $ 8,953.00 $ 8,953.00 B-57 CONSTRUCT DRILL PADS EA 1 $8,850.00 $ 8,850.00 $ 6,420.00 $ 6,420.00 B-73 FURNISH AND INSTALL 6"RNV GATE VALVE AND VALVE BOX(MJ WITH MEGA LUG EA 2 $1,467.07 $ 2,934.14 $ 1,634.00 $ 3,268.00 JOINT RESTRAINT FITTING B-74 FURNISH AND INSTALL 8"-10"RNV GATE VALVE AND VALVE BOX(MJ WITH MEGA EA 2 $2,987.64 $ 5,975.28 $ 2,923.00 $ 5,846.00 LUG JOINT RESTRAINT FITTING B-75 FURNISH AND INSTALL 12"-14"RNV GATE VALVE AND VALVE BOX(MJ WITH MEGA EA 2 $13,008.70 $ 26,017.40 $ 9,368.00 $ 18,736.00 LUG JOINT RESTRAINT FITTING B-76 FURNISH AND INSTALL 16"RNV GATE VALVE AND VALVE BOX(MJ WITH MEGA LUG EA 4 $16,309.51 $ 65,238.04 $ 18,030.00 $ 72,120.00 JOINT RESTRAINT FITTING B-77 FURNISH AND INSTALL 18"RNV GATE VALVE AND VALVE BOX(MJ WITH MEGA LUG EA 4 $23,977.41 $ 95,909.64 $ 23,010.00 $ 92,040.00 JOINT RESTRAINT FITTING B 78 FURNISH AND INSTALL 20"RNV GATE VALVE AND VALVE BOX(MJ WITH MEGA LUG EA 4 $27,624.44 $ 110,497.76 $ 30,341.00 $ 121,364.00 JOINT RESTRAINT FITTING B 79 FURNISH AND INSTALL 24"RNV GATE VALVE AND VALVE BOX(MJ WITH MEGA LUG LJOINT RESTRAINT FITTING) EA 4 $36,902.94 $ 147,611.76 $ 40,579.00 $ 162,316.00 Page 4 of 16 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Dhruv Deshmukh,PE DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,January 18,2023 RFB#4483 Clark Pipeline Services,LLC Guerra Underground,LLC PROJECT NO.23065 Citywide Water Line Repair/Replace-Large Diameter IDIQ 6229 Leopard Street 5114 Balcones Woods Dr. 307-425 BASE BID Corpus Christi,TX 78409 Austin,TX 78759 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT B-80 FURNISH AND INSTALL 6"11.25 DEG.BEND(MJ WITH MEGA LUG JOINT RESTRAINT EA 2 $355.35 $ 710.70 $ 392.00 $ 784.00 FITTING B-81 FURNISH AND INSTALL 6"22.5 DEG.BEND(MJ WITH MEGA LUG JOINT RESTRAINT EA 2 $349.87 $ 699.74 $ 386.00 $ 772.00 FITTING B-82 FURNISH AND INSTALL 6"45 DEG BEND(MJ WITH MEGA LUG JOINT RESTRAINT EA 2 $360.82 $ 721.64 $ 398.00 $ 796.00 FITTING B-83 FURNISH AND INSTALL 6"90 DEG BEND(MJ WITH MEGA LUG JOINT RESTRAINT EA 2 $388.88 $ 777.76 $ 429.00 $ 858.00 FITTING B-84 FURNISH AND INSTALL 6" REDUCERS - ALL SIZES (MJ WITH MEGA LUG JOINT EA 2 $314.26 $ 628.52 $ 347.00 $ 694.00 RESTRAINT FITTING B-85 FURNISH AND INSTALL 6" CROSSES - ALL SIZES (MJ WITH MEGA LUG JOINT EA 2 $697.03 $ 1,394.06 $ 808.00 $ 1,616.00 RESTRAINT FITTING B-86 FURNISH AND INSTALL 6"TEES(MJ WITH MEGA LUG JOINT RESTRAINT FITTING) EA 2 $544.24 $ 1,088.48 $ 641.00 $ 1,282.00 B-87 FURNISH AND INSTALL 8" - 10" 11.25 DEG. BEND (MJ WITH MEGA LUG JOINT EA 2 $7 RESTRAINT FITTING) 36.44 $ 1,472.88 $ 700.00 $ 1,400.00 B-88 FURNISH AND INSTALL 8" - 10" 22.5 DEG. BEND (MJ WITH MEGA LUG JOINT EA 2 $737.81 $ 1,475.62 $ 709.00 $ 1,418.00 RESTRAINT FITTING B-89 FURNISH AND INSTALL 8" - 10" 45 DEG BEND (MJ WITH MEGA LUG JOINT EA 2 $800.09 $ 1,600.18 $ 745.00 $ 1,490.00 RESTRAINT FITTING B-90 FURNISH AND INSTALL 8"- 10" 90 DEG BEND (MJ WITH MEGA LUG RESTRAINT EA 2 $824.73 $ 1,649.46 $ 779.00 $ 1,558.00 FITTING B-91 FURNISH AND INSTALL 8"-10" REDUCERS-ALL SIZES(MJ WITH MEGA LUG JOINT RESTRAINT FITTING) EA 2 $663.21 $ 1,326.42 $ 576.00 $ 1,152.00 B-92 FURNISH AND INSTALL 8"-10" CROSSES-ALL SIZES(MJ WITH MEGA LUG JOINT EA 2 $1,025.94 $ 2,051.88 $ 1,328.00 $ 2,656.00 RESTRAINT FITTING B-93 FURNISH AND INSTALL 8" - 10" TEES (MJ WITH MEGA LUG JOINT RESTRAINT EA 2 $939.70 $ 1,879.40 $ 1,103.00 $ 2,206.00 FITTING B-94 FURNISH AND INSTALL 12" - 14" 11.25 DEG. BEND (MJ WITH MEGA LUG JOINT EA 4 $1,448.54 $ 5,794.16 $ 1,303.00 $ 5,212.00 RESTRAINT FITTING B-95 FURNISH AND INSTALL 12" - 14" 22.5 DEG. BEND (MJ WITH MEGA LUG JOINT EA 4 $1,364.36 $ 5,457.44 $ 1,268.00 $ 5,072.00 RESTRAINT FITTING Page 5 of 16 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Dhruv Deshmukh,PE DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,January 18,2023 RFB#4483 Clark Pipeline Services,LLC Guerra Underground,LLC PROJECT NO.23065 Citywide Water Line Repair/Replace—Large Diameter IDIQ 6229 Leopard Street 5114 Balcones Woods Dr. 307-425 BASE BID Corpus Christi,TX 78409 Austin,TX 78759 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT B-96 FURNISH AND INSTALL 12" - 14" 45 DEG BEND (MJ WITH MEGA LUG JOINT EA 4 $1,356.83 $ 5,427.32 $ 1,290.00 $ 5,160.00 RESTRAINT FITTING B-97 FURNISH AND INSTALL 12"- 14" 90 DEG BEND(MJ WITH MEGA LUG RESTRAINT EA 4 $1,525.20 $ 6,100.80 $ 1,424.00 $ 5,696.00 FITTING B-98 FURNISH AND INSTALL 12"-14" REDUCERS-ALL SIZES(MJ WITH MEGA LUG JOINT EA 4 $1,142.62 $ 4,570.48 $ 924.00 $ 3,696.00 RESTRAINT FITTING B-99 FURNISH AND INSTALL 12"-14" CROSSES-ALL SIZES(MJ WITH MEGA LUG JOINT EA 4 $2,423.13 $ 9,692.52 $ 2,840.00 $ 11,360.00 RESTRAINT FITTING B-100 FURNISH AND INSTALL 12" - 14" TEES (MJ WITH MEGA LUG JOINT RESTRAINT EA 4 $1,874.24 $ 7,496.96 $ 2,057.00 $ 8,228.00 FITTING B-101 FURNISH AND INSTALL 16" 11.25 DEG. BEND (MJ WITH MEGA LUG JOINT EA 4 $1,731.04 $ 6,924.16 $ 1,986.00 $ 7,944.00 RESTRAINT FITTING B-102 FURNISH AND INSTALL 16"22.5 DEG.BEND(MJ WITH MEGA LUG JOINT RESTRAINT EA 4 $1,689.97 $ 6,759.88 $ 1,941.00 $ 7,764.00 FITTING B-103 FURNISH AND INSTALL 16"45 DEG BEND(MJ WITH MEGA LUG JOINT RESTRAINT EA 4 $1,720.09 $ 6,880.36 $ 1,974.00 $ 7,896.00 FITTING B-104 FURNISH AND INSTALL 16"90 DEG BEND(MJ WITH MEGA LUG RESTRAINT FITTING) EA 4 $2,013.69 $ 8,054.76 $ 2,294.00 $ 9,176.00 B-105 FURNISH AND INSTALL 16" REDUCERS - ALL SIZES (MJ WITH MEGA LUG JOINT EA 4 $1,603.74 $ 6,414.96 $ 1,501.00 $ 6,004.00 RESTRAINT FITTING B-106 FURNISH AND INSTALL 16" CROSSES - ALL SIZES (MJ WITH MEGA LUG JOINT EA 4 $4,520.70 $ 18,082.80 $ 5,022.00 $ 20,088.00 RESTRAINT FITTING B-107 FURNISH AND INSTALL 16"TEES(MJ WITH MEGA LUG JOINT RESTRAINT FITTING) EA 4 $2,889.41 $ 11,557.64 $ 3,247.00 $ 12,988.00 B-108 FURNISH AND INSTALL 18" 11.25 DEG. BEND (MJ WITH MEGA LUG JOINT EA 4 $2,311.53 $ 9,246.12 $ 2,560.00 $ 10,240.00 RESTRAINT FITTING B-109 FURNISH AND INSTALL 18"22.5 DEG.BEND(MJ WITH MEGA LUG JOINT RESTRAINT EA 4 $2,076.78 $ 8,307.12 $ 2,304.00 $ 9,216.00 FITTING B-110 FURNISH AND INSTALL 18"45 DEG BEND(MJ WITH MEGA LUG JOINT RESTRAINT EA 4 $2,271.83 $ 9,087.32 $ 2,517.00 $ 10,068.00 FITTING B-111 FURNISH AND INSTALL 18"90 DEG BEND(MJ WITH MEGA LUG RESTRAINT FITTING) EA 4 $2,461.41 $ 9,845.64 $ 2,723.00 $ 10,892.00 Page 6 of 16 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Dhruv Deshmukh,PE DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,January 18,2023 RFB#4483 Clark Pipeline Services,LLC Guerra Underground,LLC PROJECT NO.23065 Citywide Water Line Repair/Replace—Large Diameter IDIQ 6229 Leopard Street 5114 Balcones Woods Dr. 307-425 BASE BID Corpus Christi,TX 78409 Austin,TX 78759 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT B-112 FURNISH AND INSTALL 18" REDUCERS - ALL SIZES (MJ WITH MEGA LUG JOINT EA 4 $2,204.07 $ 8,816.28 $ 1,970.00 $ 7,880.00 RESTRAINT FITTING B-113 FURNISH AND INSTALL 18" CROSSES - ALL SIZES (MJ WITH MEGA LUG JOINT EA 4 $5,655.67 $ 22,622.68 $ 6,199.00 $ 24,796.00 RESTRAINT FITTING B-114 FURNISH AND INSTALL 18"TEES(MJ WITH MEGA LUG JOINT RESTRAINT FITTING) EA 4 $897.36 $ 3,589.44 $ 4,286.00 $ 17,144.00 B-115 FURNISH AND INSTALL 20" 11.25 DEG. BEND (MJ WITH MEGA LUG JOINT EA 4 $2,577.85 $ 10,311.40 $ 2,985.00 $ 11,940.00 RESTRAINT FITTING B-116 FURNISH AND INSTALL 20"22.5 DEG.BEND(MJ WITH MEGA LUG JOINT RESTRAINT EA 4 $2,648.34 $ 10,593.36 $ 3,062.00 $ 12,248.00 FITTING B-117 FURNISH AND INSTALL 20"45 DEG BEND(MJ WITH MEGA LUG JOINT RESTRAINT EA 4 $2,596.33 $ 10,385.32 $ 3,005.00 $ 12,020.00 FITTING B-118 FURNISH AND INSTALL 20"90 DEG BEND(MJ WITH MEGA LUG RESTRAINT FITTING) EA 4 $3,217.08 $ 12,868.32 $ 3,680.00 $ 14,720.00 B-119 FURNISH AND INSTALL 20" REDUCERS - ALL SIZES (MJ WITH MEGA LUG JOINT EA 4 $2,473.82 $ 9,895.28 $ 2,404.00 $ 9,616.00 RESTRAINT FITTING B-120 FURNISH AND INSTALL 20" CROSSES - ALL SIZES (MJ WITH MEGA LUG JOINT EA 4 $7,179.24 $ 28,716.96 $ 8,132.00 $ 32,528.00 RESTRAINT FITTING B-121 FURNISH AND INSTALL 20"TEES(MJ WITH MEGA LUG JOINT RESTRAINT FITTING) EA 4 $4,106.93 $ 16,427.72 $ 4,713.00 $ 18,852.00 B-122 FURNISH AND INSTALL 24" 11.25 DEG. BEND (MJ WITH MEGA LUG JOINT EA 4 $3,178.61 $ 12,714.44 $ 3,702.00 $ 14,808.00 RESTRAINT FITTING B-123 FURNISH AND INSTALL 24"22.5 DEG.BEND(MJ WITH MEGA LUG JOINT RESTRAINT EA 4 $3,281.96 $ 13,127.84 $ 3,815.00 $ 15,260.00 FITTING B-124 FURNISH AND INSTALL 24"45 DEG BEND(MJ WITH MEGA LUG JOINT RESTRAINT EA 4 $3,417.47 $ 13,669.88 $ 3,962.00 $ 15,848.00 FITTING B-125 FURNISH AND INSTALL 24"90 DEG BEND(MJ WITH MEGA LUG RESTRAINT FITTING) EA 4 $4,313.35 $ 17,253.40 $ 4,937.00 $ 19,748.00 B-126 FURNISH AND INSTALL 24" REDUCERS - ALL SIZES (MJ WITH MEGA LUG JOINT EA 4 $3,224.47 $ 12,897.88 $ 3,280.00 $ 13,120.00 RESTRAINT FITTING B-127 FURNISH AND INSTALL 24" CROSSES - ALL SIZES (MJ WITH MEGA LUG JOINT EA 4 $7,824.44 $ 31,297.76 $ 8,899.00 $ 35,596.00 RESTRAINT FITTING Page 7 of 16 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Dhruv Deshmukh,PE DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,January 18,2023 RFB#4483 Clark Pipeline Services,LLC Guerra Underground,LLC PROJECT NO.23065 Citywide Water Line Repair/Replace—Large Diameter IDIQ 6229 Leopard Street 5114 Balcones Woods Dr. 307-425 BASE BID Corpus Christi,TX 78409 Austin,TX 78759 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT B-128 FURNISH AND INSTALL 24"TEES(MJ WITH MEGA LUG JOINT RESTRAINT FITTING) EA 4 $5,393.39 $ 21,573.56 $ 6,189.00 $ 24,756.00 B-129 FURNISH AND INSTALL COPPER OR HDPE SHORT SERVICE(UP TO 5-FT OF COVER) EA 4 $2,261.65 $ 9,046.60 $ 3,302.00 $ 13,208.00 B-130 FURNISH AND INSTALL COPPER OR HDPE LONG SERVICE(UP TO 5-FT OF COVER) EA 4 $2,431.36 $ 9,725.44 $ 4,426.00 $ 17,704.00 B-131 RECONNECT COPPER OR HDPE EXISTING SERVICE TO WATERLINE EA 4 $2,192.98 $ 8,771.92 $ 2,862.00 $ 11,448.00 B-132 CONNECTION TO EXISTING 6"WATERLINE EA 2 $1,813.71 $ 3,627.42 $ 8,000.00 $ 16,000.00 B-133 CONNECTION TO EXISTING 8"-10"WATERLINE EA 2 $2,828.48 $ 5,656.96 $ 8,657.00 $ 17,314.00 B-134 CONNECTION TO EXISTING 12"-14"WATERLINE EA 4 $4,619.25 $ 18,477.00 $ 11,205.00 $ 44,820.00 B-135 CONNECTION TO EXISTING 16"WATERLINE EA 4 $6,395.92 $ 25,583.68 $ 15,348.00 $ 61,392.00 B-136 CONNECTION TO EXISTING 18"WATERLINE EA 4 $8,133.98 $ 32,535.92 $ 10,756.00 $ 43,024.00 B-137 CONNECTION TO EXISTING 20"WATERLINE EA 4 $9,081.94 $ 36,327.76 $ 17,987.00 $ 71,948.00 B-138 CONNECTION TO EXISTING 24"WATERLINE EA 4 $8,571.82 $ 34,287.28 $ 20,649.00 $ 82,596.00 B-139 FURNISH 6"TAPPING SLEEVE CNV 4"RW GATE VALVE EA 2 $1,907.82 $ 3,815.64 $ 2,076.00 $ 4,152.00 B-140 FURNISH 8"-10" TAPPING SLEEVE CNV 4"RW GATE VALVE EA 2 $1,995.42 $ 3,990.84 $ 2,171.00 $ 4,342.00 B-141 FURNISH 8"-10" TAPPING SLEEVE CNV 6"RW GATE VALVE EA 2 $2,472.31 $ 4,944.62 $ 2,690.00 $ 5,380.00 B-142 FURNISH 12"-14"TAPPING SLEEVE CNV 8"-10"RW GATE VALVE EA 2 $4,259.02 $ 8,518.04 $ 4,634.00 $ 9,268.00 B-143 FURNISH 16"TAPPING SLEEVE CNV 12"-14" RW GATE VALVE EA 2 $7,737.01 $ 15,474.02 $ 8,418.00 $ 16,836.00 B-144 FURNISH 18"TAPPING SLEEVE CNV 12"-14" RW GATE VALVE EA 2 $7,814.38 $ 15,628.76 $ 8,503.00 $ 17,006.00 B-145 FURNISH 20"TAPPING SLEEVE CNV 16"RW GATE VALVE EA 2 $26,876.05 $ 53,752.10 $ 29,244.00 $ 58,488.00 B-146 FURNISH 24"TAPPING SLEEVE CNV 20"RW GATE VALVE EA 2 $40,977.78 $ 81,955.56 $ 45,932.00 $ 91,864.00 B-147 FURNISH 6"TAPPING SLEEVE CNV 6"RW GATE VALVE EA 2 $42,212.06 $ 84,424.12 $ 2,644.00 $ 5,288.00 B-148 FURNISH 8"-10" TAPPING SLEEVE CNV 8"-10" RW GATE VALVE EA 2 $2,447.44 $ 4,894.88 $ 5,566.00 $ 11,132.00 B-149 FURNISH 12"-14" TAPPING SLEEVE CNV 12"-14" RW GATE VALVE EA 2 $5,115.44 $ 10,230.88 $ 24,544.00 $ 49,088.00 B-150 FURNISH 16"TAPPING SLEEVE CNV 16"RW GATE VALVE EA 2 $22,555.89 $ 45,111.78 $ 27,758.00 $ 55,516.00 B-151 FURNISH 18"TAPPING SLEEVE CNV 18"RW GATE VALVE EA 2 $35,663.34 $ 71,326.68 $ 38,806.00 $ 77,612.00 B-152 FURNISH 20"TAPPING SLEEVE CNV 20"RW GATE VALVE EA 2 $40,981.32 $ 81,962.64 $ 44,593.00 $ 89,186.00 B-153 FURNISH 24"TAPPING SLEEVE CNV 24"RW GATE VALVE EA 2 $54,101.93 $ 108,203.86 $ 58,710.00 $ 117,420.00 B-154 FURNISH AND INSTALL 6"TAPPING SLEEVE CNV 4"RW GATE VALVE EA 2 $5,221.50 $ 10,443.00 $ 5,724.00 $ 11,448.00 B-155 FURNISH AND INSTALL 8"-10" TAPPING SLEEVE CNV 4"RW GATE VALVE EA 2 $6,012.10 $ 12,024.20 $ 5,873.00 $ 11,746.00 Page S of 16 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Dhruv Deshmukh,PE DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,January 18,2023 RFB#4483 Clark Pipeline Services,LLC Guerra Underground,LLC PROJECT NO.23065 Citywide Water Line Repair/Replace—Large Diameter IDIQ 6229 Leopard Street 5114 Balcones Woods Dr. 307-425 BASE BID Corpus Christi,TX 78409 Austin,TX 78759 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT B-156 FURNISH AND INSTALL 8"-10" TAPPING SLEEVE CNV 6"RW GATE VALVE EA 2 $5,870.50 $ 11,741.00 $ 6,391.00 $ 12,782.00 B-157 FURNISH AND INSTALL 12"-14" TAPPING SLEEVE CNV 8"-10"RW GATE VALVE EA 2 $10,561.00 $ 21,122.00 $ 10,777.00 $ 21,554.00 B-158 FURNISH AND INSTALL 16"TAPPING SLEEVE CNV 12"-14" RW GATE VALVE EA 2 $13,688.00 $ 27,376.00 $ 12,920.00 $ 25,840.00 B-159 FURNISH AND INSTALL 18"TAPPING SLEEVE CNV 12"-14" RW GATE VALVE EA 2 $14,927.00 $ 29,854.00 $ 12,908.00 $ 25,816.00 B-160 FURNISH AND INSTALL 20"TAPPING SLEEVE CNV 16"RW GATE VALVE EA 2 $22,455.40 $ 44,910.80 $ 35,884.00 $ 71,768.00 B-161 FURNISH AND INSTALL 24"TAPPING SLEEVE CNV 20"RW GATE VALVE EA 2 $29,500.00 $ 59,000.00 $ 54,775.00 $ 109,550.00 B-162 FURNISH AND INSTALL 6"TAPPING SLEEVE CNV 6"RW GATE VALVE EA 2 $8,466.50 $ 16,933.00 $ 6,344.00 $ 12,688.00 B-163 FURNISH AND INSTALL 8"-10" TAPPING SLEEVE CNV 8"-10" RW GATE VALVE EA 2 $7,788.00 $ 15,576.00 $ 9,274.00 $ 18,548.00 B-164 FURNISH AND INSTALL 12"-14" TAPPING SLEEVE CNV 12"-14" RW GATE VALVE EA 2 $13,688.00 $ 27,376.00 $ 29,305.00 $ 58,610.00 B-165 FURNISH AND INSTALL 16"TAPPING SLEEVE CNV 16"RW GATE VALVE EA 2 $20,543.80 $ 41,087.60 $ 31,650.00 $ 63,300.00 B-166 FURNISH AND INSTALL 18"TAPPING SLEEVE CNV 18"RW GATE VALVE EA 2 $27,871.60 $ 55,743.20 $ 43,211.00 $ 86,422.00 B-167 FURNISH AND INSTALL 20"TAPPING SLEEVE CNV 20"RW GATE VALVE EA 2 $35,518.00 $ 71,036.00 $ 51,228.00 $ 102,456.00 B-168 FURNISH AND INSTALL 24"TAPPING SLEEVE CNV 24"RW GATE VALVE EA 2 $46,685.52 $ 93,371.04 $ 67,680.00 $ 135,360.00 B-169 FURNISH AND INSTALL FH ASSEMBLY LONG LEAD (TEE, PIPE AND VALVE) EA 4 $9,307.04 $ 37,228.16 $ 15,050.00 $ 60,200.00 GREATER THAN 14'IN LENGTH B-170 FURNISH AND INSTALL FH ASSEMBLY SHORT LEAD(TEE,PIPE AND VALVE)UP TO EA 4 $9,248.04 $ 36,992.16 $ 13,024.00 $ 52,096.00 14'IN LENGTH B-171 REMOVE ESISTING FIRE HYDRANT EA 2 $1,331.25 $ 2,662.50 $ 3,463.00 $ 6,926.00 B-172 FURNISH AND INSTALL WATER METER BOX EA 5 $1,067.31 $ 5,336.55 $ 449.00 $ 2,245.00 B-173 FURNISH AND INSTALL 16"VALVE VAULT/BOX EA 1 $27,349.00 $ 27,349.00 $ 36,028.00 $ 36,028.00 B-174 FURNISH AND INSTALL 18"VALVE VAULT/BOX EA 1 $35,001.56 $ 35,001.56 $ 44,365.00 $ 44,365.00 B-175 FURNISH AND INSTALL 20"VALVE VAULT/BOX EA 1 $38,648.37 $ 38,648.37 $ 48,332.00 $ 48,332.00 B-176 FURNISH AND INSTALL 24"VALVE VAULT/BOX EA 1 $47,927.09 $ 47,927.09 $ 60,597.00 $ 60,597.00 B-177 ADJUST VALVE BOX,14"AND UNDER EA 2 $560.50 $ 1,121.00 $ 654.00 $ 1,308.00 B-178 ADJUST VALVE BOX,GREATER THAN 14" EA 2 $560.50 $ 1,121.00 $ 654.00 $ 1,308.00 B-179 TRENCH SAFETY FOR REMOVE AND INSTALL WATERLINE(UP TO 5-FT OF COVER) LF 100 $11.80 $ 1,180.00 $ 14.00 $ 1,400.00 Page 9 of 16 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Dhruv Deshmukh,PE DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,January 18,2023 RFB#4483 Clark Pipeline Services,LLC Guerra Underground,LLC PROJECT NO.23065 Citywide Water Line Repair/Replace-Large Diameter IDIQ 6229 Leopard Street 5114 Balcones Woods Dr. 307-425 BASE BID Corpus Christi,TX 78409 Austin,TX 78759 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT EXTRA DEPTH FOR TRENCH SAFETY FOR REMOVE AND INSTALL FOR EACH B-180 VERTICAL FOOT OVER 5-FT OF COVER, ADDED LINEARLY ALONG THE TRENCH LF 10 $29.50 $ 295.00 $ 5.00 $ 50.00 ALL PIPE SIZES B-181 TRENCH SAFETY FOR HORIZONTAL DIRECTIONAL DRILL PITS (UP TO 5-FT OF EA 5 $2,950.00 $ 14,750.00 $ 2,247.00 $ 11,235.00 COVER EXTRA DEPTH FOR TRENCH SAFETY FOR HORIZONTAL DIRECTIONAL DRILL PITS B-182 FOR EACH VERTICAL FOOT OVER 5-FT OF COVER, ADDED TO EACH (ALL PIPE EA 5 $1,180.00 $ 5,900.00 $ 376.00 $ 1,880.00 SIZES B-183 FURNISH AND INSTALL CEMENT STABILIZED SAND TONS 25 $295.00 $ 7,375.00 $ 115.00 $ 2,875.00 B-184 CLEARING AND GRUBBING AC 1 $2,950.00 $ 2,950.00 $ 2,824.00 $ 2,824.00 B-185 FURNISH AND INSTALL ASPHALT PAVEMENT REPAIR SY 50 $155.00 $ 7,750.00 $ 247.00 $ 12,350.00 B-186 SAWCUT ASPHALT PER 2"LIFT GREATER THAN 2"THICKNESS LF 20 $48.54 $ 970.80 $ 1.70 $ 34.00 B-187 FURNISH AND INSTALL ASPHALT OVERLAY PER 2" LIFT GREATER THAN 2" SY 50 $41.30 $ 2,065.00 $ 47.00 $ 2,350.00 THICKNESS B-188 REMOVE ASPHALT PER 2"LIFT GREATER THAN 2"THICKNESS SY 50 $28.88 $ 1,444.00 $ 7.00 $ 350.00 B-189 FURNISH AND INSTALL CONCRETE PAVEMENT REPAIR SF 50 $56.91 $ 2,845.50 $ 52.00 $ 2,600.00 B-190 SAWCUT CONCRETE PER 2"LIFT GREATER THAN 8"THICKNESS LF 20 $8.85 $ 177.00 $ 3.00 $ 60.00 B-191 FURNISH AND INSTALL CONCRETE THICKNESS PER 2" GREATER THAN 8" SF 20 $76.70 $ 1,534.00 $ 14.00 $ 280.00 THICKNESS B-192 REMOVE CONCRETE PER 2"LIFT GREATER THAN 8"THICKNESS SF 50 $29.50 $ 1,475.00 $ 4.00 $ 200.00 B-193 FURNISH AND INSTALL CONCRETE DRIVEWAY REPAIR SF 50 $19.47 $ 973.50 $ 30.00 $ 1,500.00 B-194 FURNISH AND INSTALL CONCRETE CURB RAMP REPAIR SF 50 $50.15 $ 2,507.50 $ 45.00 $ 2,250.00 B-195 FURNISH AND INSTALL CONCRETE CURB AND GUTTER REPAIR LF 20 $37.76 $ 755.20 $ 50.00 $ 1,000.00 B-196 FURNISH AND INSTALL CONCRETE VALLEY GUTTER REPAIR LF 20 $55.46 $ 1,109.20 $ 45.00 $ 900.00 B-197 FURNISH AND INSTALL CONCRETE SIDEWALK REPAIR SF 50 $24.78 $ 1,239.001 $ 23.00 $ 1,150.00 B-198 FURNISH AND INSTALL SEEDING SY 50 $2.48 $ 124.001 $ 4.00 $ 200.00 B-199 FURNISH AND INSTALL SODDING SY 50 $18.88 $ 944.00 $ 38.00 $ 1,900.00 B-200 FURNISH AND INSTALL WOODEN FENCE LF 20 $53.10 $ 1,062.00 $ 57.00 $ 1,140.00 B-201 FURNISH AND INSTALL CHAIN LINK FENCING LF 20 $64.90 $ 1,298.001 $ 57.00 $ 1,140.00 B-202 REMOVE AND REINSTALL RESIDENTIAL MAILBOX EA 5 $295.00 $ 1,475.001 $ 400.00 $ 2,000.00 Page 10 of 16 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Dhruv Deshmukh,PE DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,January 18,2023 RFB#4483 Clark Pipeline Services,LLC Guerra Underground,LLC PROJECT NO.23065 Citywide Water Line Repair/Replace-Large Diameter IDIQ 6229 Leopard Street 5114 Balcones Woods Dr. 307-425 BASE BID Corpus Christi,TX 78409 Austin,TX 78759 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT B-203 HAUL OFF CONCRETE (GREATER THAN 8 INCHES IN THICKNESS)/ASPHALT HR 10 $182.90 $ 1,829.00 $ 120.00 $ 1,200.00 GREATER THAN 2 INCHES THICKNESS B-204 ABANDON 6"TO 10"WATERLINE IN PLACE AND FILL WITH GROUT LF 10 $27.14 $ 271.40 $ 33.00 $ 330.00 B-205 ABANDON 12"TO 14"WATERLINE IN PLACE AND FILL WITH GROUT LF 20 $37.76 $ 755.20 $ 48.00 $ 960.00 B-206 ABANDON 16"WATERLINE IN PLACE AND FILL WITH GROUT LF 20 $38.94 $ 778.80 $ 53.00 $ 1,060.00 B-207 ABANDON 18"WATERLINE IN PLACE AND FILL WITH GROUT LF 20 $40.12 $ 802.40 $ 41.00 $ 820.00 B-208 ABANDON 20"WATERLINE IN PLACE AND FILL WITH GROUT LF 20 $41.30 $ 826.00 $ 54.00 $ 1,080.00 B-209 ABANDON 24"WATERLINE IN PLACE AND FILL WITH GROUT LF 20 $43.66 $ 873.20 $ 64.00 $ 1,280.00 B-210 FURNISH AND INSTALL 12" STEEL CASING PIPE W/6" WATERLINE BY LF 10 $199.88 $ 1,998.80 $ 321.00 $ 3,210.00 CONVENTIONAL TRENCHING, UP TO 5-FT OF COVER B-211 FURNISH AND INSTALL 16" STEEL CASING PIPE W/8-10" WATERLINE BY LF 10 $244.85 $ 2,448.50 $ 399.00 $ 3,990.00 CONVENTIONAL TRENCHING, UP TO 5-FT OF COVER B-212 FURNISH AND INSTALL 20" STEEL CASING PIPE W/12" - 14" WATERLINE BY LF 10 $286.19 $ 2,861.90 $ 499.00 $ 4,990.00 CONVENTIONAL TRENCHING UP TO 5-FT OF COVER B-213 FURNISH AND INSTALL 30" STEEL CASING PIPE W/16" WATERLINE BY LF 15 $388.40 $ 5,826.00 $ 625.00 $ 9,375.00 CONVENTIONAL TRENCHING, UP TO 5-FT OF COVER B-214 FURNISH AND INSTALL 30" STEEL CASING PIPE W/18" WATERLINE BY LF 15 $391.74 $ 5,876.10 $ 545.00 $ 8,175.00 CONVENTIONAL TRENCHING, UP TO 5-FT OF COVER B-215 FURNISH AND INSTALL 32" STEEL CASING PIPE W/20" WATERLINE BY LF 15 $403.16 $ 6,047.40 $ 717.00 $ 10,755.00 CONVENTIONAL TRENCHING, UP TO 5-FT OF COVER B-216 FURNISH AND INSTALL 36" STEEL CASING PIPE W/24" WATERLINE BY LF 15 $411.64 $ 6,174.60 $ 851.00 $ 12,765.00 CONVENTIONAL TRENCHING, UP TO 5-FT OF COVER EXTRA DEPTH FOR CASING AND WATERLINE INSTALLATION BY CONVENTIONAL B-217 TRENCHING FOR EACH VERTICAL FOOT OVER 5-FT OF COVER,ADDED LINEARLY LF 5 $483.47 $ 2,417.35 $ 6.00 $ 30.00 ALONG THE TRENCH ALL PIPE SIZES B-218 TREE REMOVAL UP TO 8"IN DIA. EA 5 $442.50 $ 2,212.50 $ 693.00 $ 3,465.00 B-219 TREE REMOVAL GREATER THAN 8"IN DIA. EA 5 $885.00 $ 4,425.00 $ 1,052.00 $ 5,260.00 B-220 BRUSH REMOVAL AC 1 $3,540.00 $ 3,540.00 $ 2,406.00 $ 2,406.00 B-221 REMOVE AND REPLACE EXISTING WOODEN FENCE LF 20 $35.40 $ 708.00 $ 50.00 $ 1,000.00 B-222 REMOVE AND REPLACE EXISTING CHAINLINK FENCE LF 20 $55.78 $ 1,115.60 $ 50.00 $ 1,000.00 B-223 FURNISH FLAGGER DAY 5 $767.00 $ 3,835.00 $ 590.00 $ 2,950.00 Page 11 of 16 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Dhruv Deshmukh,PE DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,January 18,2023 RFB#4483 Clark Pipeline Services,LLC Guerra Underground,LLC PROJECT NO.23065 Citywide Water Line Repair/Replace-Large Diameter IDIQ 6229 Leopard Street 5114 Balcones Woods Dr. 307-425 BASE BID Corpus Christi,TX 78409 Austin,TX 78759 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT B-224 FURNISH AND INSTALL FLASHING ARROW BOARD DAY 5 $206.50 $ 1,032.50 $ 1,926.00 $ 9,630.00 B-225 FURNISH AND INSTALL CHANNELIZATION DRUMS(10 DRUMS) DAY 5 $265.50 $ 1,327.50 $ 346.00 $ 1,730.00 B-226 FURNISH AND INSTALL TYPE III BARRICADE DAY 5 $59.00 $ 295.00 $ 256.00 $ 1,280.00 B-227 FURNISH AND INSTALL SKID MOUNT SIGN ON DOUBLE WOODEN POSTS DAY 5 $147.50 $ 737.50 $ 256.00 $ 1,280.00 B-228 FURNISH AND INSTALL SILT FENCE LF 5 $6.03 $ 30.15 $ 3.00 $ 15.00 B-229 FURNISH AND INSTALL FIBER ROLLS LF 5 $21.37 $ 106.85 $ 11.00 $ 55.00 B-230 FURNISH AND INSTALL ROCK FILLED BAGS LF 5 $45.36 $ 226.80 $ 102.00 $ 510.00 B-231 FURNISH AND INSTALL ROCK FILTER DAM LS 2 $2,360.00 $ 4,720.00 $ 4,715.00 $ 9,430.00 B-232 FURNISH AND INSTALL CONSTRUCTION ENTRANCE/EXIT LS 2 $3,835.00 $ 7,670.00 $ 3,793.00 $ 7,586.00 B-233 FURNISH AND INSTALL WELL POINTING FOR WATERLINE INSTALLATION(UP TO 5- LF 20 $449.88 $ 8,997.60 $ 90.00 $ 1,800.00 FT OF COVER EXTRA DEPTH FOR WELL POINTING FOR WATERLINE INSTALLATION FOR EACH B-234 VERTICAL FOOT OVER 5-FT OF COVER, ADDED LINEARLY ALONG THE TRENCH LF 20 $592.95 $ 11,859.00 $ 26.00 $ 520.00 ALL PIPE SIZES B-235 CURB INLET PROTECTION(UP TO 5-FT OF COVER) LF 10 $10.00 $ 100.00 $ 11.00 $ 110.00 B-236 PRE-CONSTRUCTION EXPLORATORY EXCAVATION(UP TO 5-FT DEPTH) LF 10 $1,221.30 $ 12,213.00 $ 113.00 $ 1,130.00 EXTRA DEPTH FOR PRE-CONSTRUCTION EXPLORATORY EXCAVATION FOR EACH B-237 VERTICAL FOOT OVER 5-FT COVER,ADDED LINEARLY ALONG THE TRENCH (ALL LF 10 $47.20 $ 472.00 $ 56.00 $ 560.00 PIPE SIZES B-238 POTHOLE UTILITY EA 1 $11,841.30 $ 11,841.30 $ 1,405.00 $ 1,405.00 B-239 FURNISH AND INSTALL 6"DIA.WATERLINE CAP EA 2 $853.42 $ 1,706.84 $ 280.00 $ 560.00 B-240 FURNISH AND INSTALL 8"-10"DIA.WATERLINE CAP EA 2 $968.89 $ 1,937.78 $ 501.00 $ 1,002.00 B-241 FURNISH AND INSTALL 12"-14" DIA.WATERLINE CAP EA 2 $1,020.77 $ 2,041.54 $ 686.00 $ 1,372.00 B-242 FURNISH AND INSTALL 16"DIA.WATERLINE CAP EA 2 $1,071.45 $ 2,142.90 $ 1,085.00 $ 2,170.00 B-243 FURNISH AND INSTALL 18"DIA.WATERLINE CAP EA 2 $1,307.45 $ 2,614.90 $ 1,297.00 $ 2,594.00 B-244 FURNISH AND INSTALL 20"DIA.WATERLINE CAP EA 2 $1,622.50 $ 3,245.00 $ 1,686.00 $ 3,372.00 13-245 FURNISH AND INSTALL 24"DIA.WATERLINE CAP EA 2 $2,330.50 $ 4,661.00 $ 2,126.00 $ 4,252.00 B-246 EMERGENCY-TRENCH EXCAVATION SAFETY PROTECTION(ALL DEPTHS) LF 500 $85.00 $ 42,500.00 $ 27.00 $ 13,500.00 B-247 EMERGENCY-POINT REPAIR IN FRONT EASEMENT/ROW,2"DIA.WATER LINE(ALL EA 1 $4,048.80 $ 4,048.80 $ 8,439.00 $ 8,439.00 DEPTHS Page 12 of 16 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Dhruv Deshmukh,PE DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,January 18,2023 RFB#4483 Clark Pipeline Services,LLC Guerra Underground,LLC PROJECT NO.23065 Citywide Water Line Repair/Replace—Large Diameter IDIQ 6229 Leopard Street 5114 Balcones Woods Dr. 307-425 BASE BID Corpus Christi,TX 78409 Austin,TX 78759 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT B-248 EMERGENCY-POINT REPAIR IN REAR/SIDE EASEMENT,2"DIA.WATER LINE(ALL EA 1 $4,048.80 $ 4,048.80 $ 8,439.00 $ 8,439.00 DEPTHS B-249 EMERGENCY-POINT REPAIR IN FRONT EASEMENT/ROW,4"DIA.WATER LINE(ALL EA 1 $4,597.92 $ 4,597.92 $ 12,444.00 $ 12,444.00 DEPTHS B-250 EMERGENCY-POINT REPAIR IN REAR/SIDE EASEMENT,4"DIA.WATER LINE(ALL EA 1 $4,597.92 $ 4,597.92 $ 12,444.00 $ 12,444.00 DEPTHS B-251 EMERGENCY-POINT REPAIR IN FRONT EASEMENT/ROW,6"DIA.WATER LINE(ALL EA 1 $4,955.38 $ 4,955.38 $ 15,343.00 $ 15,343.00 DEPTHS B-252 EMERGENCY-POINT REPAIR IN REAR/SIDE EASEMENT,6"DIA.WATER LINE(ALL EA 1 $4,955.38 $ 4,955.38 $ 15,343.00 $ 15,343.00 DEPTHS B-253 EMERGENCY-POINT REPAIR IN FRONT EASEMENT/ROW,8"DIA.WATER LINE(ALL EA 1 $5,523.29 $ 5,523.29 $ 15,921.00 $ 15,921.00 DEPTHS B-254 EMERGENCY-POINT REPAIR IN REAR/SIDE EASEMENT,8"DIA.WATER LINE(ALL EA 1 $5,523.29 $ 5,523.29 $ 15,921.00 $ 15,921.00 DEPTHS B-255 EMERGENCY- POINT REPAIR IN FRONT EASEMENT/ROW, 10" DIA. WATER LINE EA 1 $10,700.88 $ 10,700.88 $ 16,730.00 $ 16,730.00 ALL DEPTHS B-256 EMERGENCY-POINT REPAIR IN REAR/SIDE EASEMENT,10"DIA.WATER LINE(ALL EA 1 $10,700.88 $ 10,700.88 $ 16,730.00 $ 16,730.00 DEPTHS B-257 EMERGENCY- POINT REPAIR IN FRONT EASEMENT/ROW, 12" DIA. WATER LINE EA 1 $11,404.08 $ 11,404.08 $ 17,837.00 $ 17,837.00 ALL DEPTHS B-258 EMERGENCY-POINT REPAIR IN REAR/SIDE EASEMENT,12"DIA.WATER LINE(ALL EA 1 $11,404.08 $ 11,404.08 $ 17,837.00 $ 17,837.00 DEPTHS B-259 EMERGENCY- POINT REPAIR IN FRONT EASEMENT/ROW, 14" DIA. WATER LINE EA 1 $18,897.57 $ 18,897.57 $ 15,984.00 $ 15,984.00 ALL DEPTHS B-260 EMERGENCY-POINT REPAIR IN REAR/SIDE EASEMENT,14"DIA.WATER LINE(ALL EA 1 $18,897.57 $ 18,897.57 $ 15,984.00 $ 15,984.00 DEPTHS B-261 EMERGENCY- POINT REPAIR IN FRONT EASEMENT/ROW, 16" DIA. WATER LINE ALL DEPTHS EA 1 $22,940.53 $ 22,940.53 $ 23,308.00 $ 23,308.00 B-262 EMERGENCY-POINT REPAIR IN REAR/SIDE EASEMENT,16"DIA.WATER LINE(ALL EA 1 $22,940.53 $ 22,940.53 $ 23,308.00 $ 23,308.00 DEPTHS B-263 EMERGENCY- POINT REPAIR IN FRONT EASEMENT/ROW, 18" DIA. WATER LINE EA 1 $35,241.41 $ 35,241.41 $ 19,941.00 $ 19,941.00 ALL DEPTHS Page 13 of 16 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Dhruv Deshmukh,PE DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,January 18,2023 RFB#4483 Clark Pipeline Services,LLC Guerra Underground,LLC PROJECT NO.23065 Citywide Water Line Repair/Replace—Large Diameter IDIQ 6229 Leopard Street 5114 Balcones Woods Dr. 307-425 BASE BID Corpus Christi,TX 78409 Austin,TX 78759 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT B-264 EMERGENCY-POINT REPAIR IN REAR/SIDE EASEMENT,18"DIA.WATER LINE(ALL EA 1 $35,241.41 $ 35,241.41 $ 19,941.00 $ 19,941.00 DEPTHS B-265 EMERGENCY- POINT REPAIR IN FRONT EASEMENT/ROW, 20" DIA. WATER LINE EA 1 $38,488.38 $ 38,488.38 $ 31,259.00 $ 31,259.00 ALL DEPTHS B-266 EMERGENCY-POINT REPAIR IN REAR/SIDE EASEMENT,20"DIA.WATER LINE(ALL EA 1 $38,488.38 $ 38,488.38 $ 31,259.00 $ 31,259.00 DEPTHS B-267 EMERGENCY- POINT REPAIR IN FRONT EASEMENT/ROW, 24" DIA. WATER LINE EA 1 $41,188.98 $ 41,188.98 $ 34,148.00 $ 34,148.00 ALL DEPTHS B-268 EMERGENCY-POINT REPAIR IN REAR/SIDE EASEMENT,24"DIA.WATER LINE(ALL EA 1 $41,188.98 $ 41,188.98 $ 34,148.00 $ 34,148.00 DEPTHS B-269 EMERGENCY-EXTRA LENGTH POINT REPAIR IN FRONT EASEMENT/ROW, 2"DIA. LF 2 $804.98 $ 1,609.96 $ 178.00 $ 356.00 WATER LINE ALL DEPTHS B-270 EMERGENCY- EXTRA LENGTH POINT REPAIR IN REAR/SIDE EASEMENT, 2" DIA. LF 2 $804.98 $ 1,609.96 $ 178.00 $ 356.00 WATER LINE ALL DEPTHS B-271 EMERGENCY-EXTRA LENGTH POINT REPAIR IN FRONT EASEMENT/ROW, 4"DIA. LF 2 $1,131.38 $ 2,262.76 $ 189.00 $ 378.00 WATER LINE ALL DEPTHS B-272 EMERGENCY- EXTRA LENGTH POINT REPAIR IN REAR/SIDE EASEMENT, 4" DIA. LF 2 $1,131.38 $ 2,262.76 $ 189.00 $ 378.00 WATER LINE ALL DEPTHS B 273 EMERGENCY-EXTRA LENGTH POINT REPAIR IN FRONT EASEMENT/ROW, 6"DIA.WATER LINE(ALL DEPTHS LF 2 $1,104.24 $ 2,208.48 $ 253.00 $ 506.00 B-274 EMERGENCY- EXTRA LENGTH POINT REPAIR IN REAR/SIDE EASEMENT, 6" DIA. LF 2 $1,104.24 $ 2,208.48 $ 253.00 $ 506.00 WATER LINE ALL DEPTHS B-275 EMERGENCY-EXTRA LENGTH POINT REPAIR IN FRONT EASEMENT/ROW, 8"DIA. LF 2 $1,542.70 $ 3,085.40 $ 279.00 $ 558.00 WATER LINE ALL DEPTHS B-276 EMERGENCY- EXTRA LENGTH POINT REPAIR IN REAR/SIDE EASEMENT, 8" DIA. LF 2 $1,542.70 $ 3,085.40 $ 279.00 $ 558.00 WATER LINE ALL DEPTHS B-277 EMERGENCY-EXTRA LENGTH POINT REPAIR IN FRONT EASEMENT/ROW, 10"DIA. LF 2 $1,934.02 $ 3,868.04 $ 302.00 $ 604.00 WATER LINE ALL DEPTHS B-278 EMERGENCY- EXTRA LENGTH POINT REPAIR IN REAR/SIDE EASEMENT, 10"DIA. LF 2 $1,934.02 $ 3,868.04 $ 302.00 $ 604.00 WATER LINE ALL DEPTHS B-279 EMERGENCY-EXTRA LENGTH POINT REPAIR IN FRONT EASEMENT/ROW, 12"DIA. LF 2 $2,426.26 $ 4,852.52 $ 334.00 $ 668.00 WATER LINE ALL DEPTHS Page 14 of 16 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Dhruv Deshmukh,PE DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,January 18,2023 RFB#4483 Clark Pipeline Services,LLC Guerra Underground,LLC PROJECT NO.23065 Citywide Water Line Repair/Replace-Large Diameter IDIQ 6229 Leopard Street 5114 Balcones Woods Dr. 307-425 BASE BID Corpus Christi,TX 78409 Austin,TX 78759 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT B-280 EMERGENCY- EXTRA LENGTH POINT REPAIR IN REAR/SIDE EASEMENT, 12"DIA. LF 2 $2,426.26 $ 4,852.52 $ 334.00 $ 668.00 WATER LINE ALL DEPTHS B-281 EMERGENCY-EXTRA LENGTH POINT REPAIR IN FRONT EASEMENT/ROW, 14"DIA. LF 2 $2,946.70 $ 5,893.40 $ 289.00 $ 578.00 WATER LINE ALL DEPTHS B-282 EMERGENCY- EXTRA LENGTH POINT REPAIR IN REAR/SIDE EASEMENT, 14"DIA. LF 2 $2,946.70 $ 5,893.40 $ 289.00 $ 578.00 WATER LINE ALL DEPTHS B-283 EMERGENCY-EXTRA LENGTH POINT REPAIR IN FRONT EASEMENT/ROW, 16"DIA. LF 2 $3,633.44 $ 7,266.88 $ 405.00 $ 810.00 WATER LINE ALL DEPTHS B-284 EMERGENCY- EXTRA LENGTH POINT REPAIR IN REAR/SIDE EASEMENT, 16"DIA. LF 2 $3,633.44 $ 7,266.88 $ 405.00 $ 810.00 WATER LINE ALL DEPTHS B-285 EMERGENCY-EXTRA LENGTH POINT REPAIR IN FRONT EASEMENT/ROW, 18"DIA. LF 2 $3,749.30 $ 7,498.60 $ 327.00 $ 654.00 WATER LINE ALL DEPTHS B-286 EMERGENCY- EXTRA LENGTH POINT REPAIR IN REAR/SIDE EASEMENT, 18"DIA. LF 2 $3,749.30 $ 7,498.60 $ 327.00 $ 654.00 WATER LINE ALL DEPTHS B-287 EMERGENCY-EXTRA LENGTH POINT REPAIR IN FRONT EASEMENT/ROW,20"DIA. LF 2 $5,720.00 $ 11,440.00 $ 485.00 $ 970.00 WATER LINE ALL DEPTHS B-288 EMERGENCY- EXTRA LENGTH POINT REPAIR IN REAR/SIDE EASEMENT, 20"DIA. LF 2 $5,720.00 $ 11,440.00 $ 485.00 $ 970.00 WATER LINE ALL DEPTHS B-289 EMERGENCY-EXTRA LENGTH POINT REPAIR IN FRONT EASEMENT/ROW,24"DIA. LF 2 $11,349.09 $ 22,698.18 $ 626.00 $ 1,252.00 WATER LINE ALL DEPTHS B-290 EMERGENCY- EXTRA LENGTH POINT REPAIR IN REAR/SIDE EASEMENT, 24"DIA. LF 2 $11,319.09 $ 22,638.18 $ 626.00 $ 1,252.00 WATER LINE ALL DEPTHS B-291 EMERGENCY - REMOVE AND REPLACE ASPHALT PAVEMENT, 3" HMAC AND 12" SY 100 $89.16 $ 8,916.00 $ 393.00 $ 39,300.00 LIMESTONE BASE B-292 EMERGENCY-REMOVE AND REPLACE CONCRETE PAVEMENT,UP TO 12"THICK SY 80 $218.75 $ 17,500.00 $ 742.00 $ 59,360.00 B-293 EMERGENCY-FURNISH AND INSTALL TEMPORARY ASPHALT PAVEMENT,UP TO 8" SY 100 $168.75 $ 16,875.00 $ 200.00 $ 20,000.00 THICK B-294 EMERGENCY-FLOWABLE FILL BACKFILL,COMPLETE AND IN-PLACE CY 40 $158.60 $ 6,344.00 $ 322.00 $ 12,880.00 B-295 EMERGENCY-CEMENT STABILIZED SAND,COMPLETE AND IN-PLACE TONS 100 $125.00 $ 12,500.00 $ 173.00 $ 17,300.00 B-296 EMERGENCY-SITE RESTORATION WITH SEEDING SF 150 $2.48 $ 372.00 $ 7.00 $ 1,050.00 B-297 EMERGENCY-SITE RESTORATION WITH SODDING SF 150 $16.52 $ 2,478.00 $ 58.00 $ 8,700.00 Page 15 of 16 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Dhruv Deshmukh,PE DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,January 18,2023 RFB#4483 Clark Pipeline Services,LLC Guerra Underground,LLC PROJECT NO.23065 Citywide Water Line Repair/Replace—Large Diameter IDIQ 6229 Leopard Street 5114 Balcones Woods Dr. 307-425 BASE BID Corpus Christi,TX 78409 Austin,TX 78759 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT B-298 EMERGENCY-REMOVE AND REPLACE CHAINLINK FENCE LF 50 $64.90 $ 3,245.00 $ 74.00 $ 3,700.00 B-299 EMERGENCY-REMOVE AND REPLACE WOODEN FENCE LF 50 $53.10 $ 2,655.00 $ 74.00 $ 3,700.00 B-300 EMERGENCY-INSTALL NEW CHAINLINK FENCE LF 25 $64.90 $ 1,622.50 $ 62.00 $ 1,550.00 B-301 EMERGENCY-INSTALL NEW WOODEN FENCE LF 25 $53.10 $ 1,327.50 $ 62.00 $ 1,550.00 B-302 EMERGENCY-REMOVE AND REPLACE CONCRETE DRIVEWAY SF 100 $42.39 $ 4,239.00 $ 45.00 $ 4,500.00 B-303 EMERGENCY-REMOVE AND REPLACE CONCRETE SIDEWALK SF 100 $22.30 $ 2,230.00 $ 32.00 $ 3,200.00 B-304 EMERGENCY-REMOVE AND REPLACE CURB AND GUTTER LF 150 $44.84 $ 6,726.00 $ 74.00 $ 11,100.00 B-305 EMERGENCY-FURNISH AND INSTALL COPPER OR HDPE SHORT SERVICE(UP TO 5 EA 100 $1,286.90 $ 128,690.00 $ 5,375.00 $ 537,500.00 FT OF COVER B-306 EMERGENCY-FURNISH AND INSTALL COPPER OR HDPE LONG SERVICE(UP TO 5- EA 20 $1,776.87 $ 35,537.40 $ 6,638.00 $ 132,760.00 FT OF COVER SUBTOTAL PART B-WATERLINE IMPROVEMENTS(Items B1 thru B306) $ 4,416,803.75 $ 5,238,591.00 Part C-ALLOWANCES C1 BONDS AND INSURANCE(MAXIMUM 2%OF PROJECT TOTAL) AL 1 $ 74,680.00 $ 74,680.00 $ 125,750.00 $ 125,750.00 C2 PREPARATION OF TRAFFIC CONTROL PLANS AL 1 $ 150,000.00 $ 150,000.00 $ 150,000.00 $ 150,000.00 C3 DISPOSAL OF CONTAMINATED GROUND WATER AL 1 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 C4 MISCELLANEOUS UTILITY IMPROVEMENTS AL 1 $ 100,000.00 $ 100,000.00 $ 100,000.00 $ 100,000.00 C5 SERVICES OF A STATE LICENSED SURVEYOR AL 1 $ 30,000.00 $ 30,000.00 $ 30,000.00 $ 30,000.00 C6 OTHER EMERGENCY ITEMS AL 1 $ 200,000.00 $ 200,000.00 $ 200,000.00 $ 200,000.00 SUBTOTAL PART C-ALLOWANCES(Items C1 thru C6) $ 579,680.00 $ 630,750.00 TOTAL BASE BID $ 5,161,919.75 $ 6,175,581.00 Notes regarding any bidder deemed Non-Responsive or Non-Responsible_. Page 16 of 16 Capital Improvement Plan 2023 thru 2025 City of Corpus Christi, Texas Project# 19037/23065 Project Name Citywide Water Line Repair/Replace-Large Diameter Type Reconditioning-Asset Longevity Department Water Department Useful Life 40 years Contact Director of Water Utilities Category Water Distribution Priority 2 Critical-Asset Condition\longevity W D F — 1 ,l rt.s«.iwn.r Status Active Description This project provides a strategic lifecycle program for replacement and extension of the City's water distribution system(1,800 miles).The program is flexible and provides a systematic approach to extend service life of the system while enhancing monitoring capability and water quality.The program also provides a mechanism to quickly address emergency and priority projects as they arise reducing service outages,and operational costs. Justification Extension of service life of water mains is critical to ensuring integrity of the system. This project itself does not increase revenue or decrease expenses,but it prevents cost of maintenance from rising. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 8,950,000 10,000,000 10,000,000 10,000,000 38,950,000 Design 762,100 500,000 500,000 500,000 2,262,100 Eng,Admin Reimbursements 654,000 500,000 500,000 500,000 2,154,000 Total 10,366,100 11,000,000 11,000,000 11,000,000 43,366,100 Funding Sources Prior Years 2023 2024 2025 Total Grant-American Rescue Act 3,800,000 3,800,000 Revenue Bonds 6,566,100 11,000,000 11,000,000 11,000,000 39,566,100 Total 10,366,100 11,000,000 11,000,000 11,000,000 43,366,100 Budget Impact/Other There is no projected operational impact with this project at this time. A reassessment will be done upon completion of project to determine on- going or maintenance costs.Reference project#18094A for prior contract and projects. 347 a C:. [rig ineering Citywide Water Line Repair/Replace- Large Diameter IDIQ Council Presentation ® March 7, 2023 Pus: 48 LocationProject J y i i X852Engineering M t1 I� CITYWIDE PROJECT • CITYWIDE '• S ' CITY LIMITS Project Scope Corpus Chr sti Engineering Proposed improvements is as follows: • Project will include removal and abandonment of water lines, installation of new 6-inch to 24-inch (max) water lines by open trenching or horizontal directional drilling, casing, new fire hydrants, valves, fittings, services, pavement repairs, and other miscellaneous items required to complete the project. • Project also includes emergency response Delivery Orders that require Contractor to always have management personnel and crews available and on- call during the Contract to provide emergency response on-call services. • Emergency Delivery Orders will include improvements for water lines from 2- inch to 24-inch (max). 3 Project Schedule Corpus Chr sti Engineering 20222023 2023 - 2024 December - February March - March Bid/ Award Construction Projected Schedule reflects City Council award in February 2023 with anticipated completion in March 2024. so �o o� A H AGENDA MEMORANDUM µoRPORPg4 First Reading for the City Council Meeting of March 07, 2023 1852 Second Reading for the City Council Meeting of March 21, 2023 DATE: March 7, 2023 TO: Peter Zanoni, City Manager FROM: Dr. Fauzia Khan, Director of Public Health FauziaK@cctexas.com 361-826-7202 The American Rescue Plan Act (ARPA) Retention Grant funds from Nueces County in the amount of $75,492.28 are appropriated in Health General Fund 1020 and Fund 1049 to distribute said funds to pay to the former County employees as additional, temporary premium pay. Required payroll deduction to be made prior to distribution. CAPTION: Ordinance appropriating $75,492.28 in American Rescue Plan Act (ARPA) Retention funds from Nueces County per the Amended Cooperative Agreement for City-Operated Corpus Christi- Nueces County Public Health District; and amending the FY2023 Operating Budget to increase revenue and expenditures by $75,492.28. SUMMARY: On March 1, 2022, the City became the sole operator of the Corpus Christi Nueces County Public Health District through a cooperative agreement with Nueces County. As part of the agreement, former Nueces County employees that were hired on as city employees were entitled to additional pay through the American Rescue Plan Act which was negotiated by Nueces County. Through the cooperative agreement, the award was transferred to the City to continue to administer to those employees at the rate determined by the Commissioners Court for the Remainder of the 2021-2022 fiscal year, as long as the employee remained with the Corpus Christi Nueces County Public Health District. This ordinance will appropriate these funds in order to be distributed to former Nueces County employees who are now current City of Corpus Christi employees at the Corpus Christi Nueces County Public Health District. BACKGROUND AND FINDINGS: On February 15, 2022, Nueces County commissioners and City Council signed the Amended Cooperative Agreement for City-Operated Corpus Christi-Nueces County Public Health District effective March 1 st, 2022. Within the agreement, both parties agreed to provisions set forth to be effective on the date of the signed agreement. Pursuant to Section 2. A, the City of Corpus Christi shall complete a one-time payment to 17 former Nueces County employees upon receiving the payment from Nueces County. The payment was received from Nueces County on 1/6/2023. Section 2. A: To the extent that dzc County has awarded ARIA (American Rescue Plan Act) pretniurn pay attd or Retention Grant awards to Counryr employees who become City employees,those awards will transfer• TO 111e C'in' to c()sttinue to administer to those employees at the rate determined by the. Commissioners Court for the remaindcr the. 2021- 2022 fiscal year, hair only as lojo, :is the emplo,,-ee. remains t%-tlL the City I Icalth Dis(rict. The City will invoice the County pc'rlodir>t,Iv for the an]mint of tht, 1JW.% pa, c.:rned f)y each employee for the previous period, and the County%%ill I r.c1- :'i: l} s: i:t a sc}-•<<:ate check tc :he C'ir - l lir C'ity will Own distribute said pay to the former County employees is -,d litici'a:�l, rrr�l7nratyprenvurn l a ,ii.d make all retluirc 1 ole e:i c lnna fl-cre t"(flr On January 6th, 2023, Nueces County issued a check to the City of Corpus Christi for Invoice Number 2134ARPA092022 to the sum of$75,492.28. The check covers 100% the American Rescue Plan Act premium pay for 17 former Nueces County Employees. This payment was issued by Nueces County to the City of Corpus Christi in accordance with the terms of the Cooperative Agreement for City-Operated Corpus Christi - Nueces County Public Health District. ALTERNATIVES: Amend the Cooperative Agreement for City-Operated Corpus Christi - Nueces County Public Health District to remove the ARPA payments to the 17 former Nueces County employees. FISCAL IMPACT: (Narrative no graphs)There is no fiscal impact, Nueces County is providing 100% of the funds to be allocated to city staff. FUNDING DETAIL: Revenue Fund: 1020 Organization/Activity: 12601 Department: 044 Project # (CIP Only): N/A Account: 303030 Expense A summary of the payment distributions is as follows: The received, designated ARPA funds shall be appropriated to the following funds/accounts in Table 1. Table 1 _C2C-'2601-44 21,615.90 =C2C-=2602-44 5,434.38 CH-'_2616-44 7,032.33 _CH-_1641-44 4,393.30 CH-;2651-4z� 3,934.93 _C10-12662-�-L 10,011.44 1020-1269_-�-: 2,176.40 1020-127C'-�-: 2,332.62 1049-12665-�-: 17,955.-8 75,492.28 The ARPA funds shall then be paid out to the 17 former county employees who are still employed at the Health District, in accordance with the Cooperative Agreement. RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Amended Cooperative Agreement for City-Operated Corpus Christi-Nueces County Public Health District Ordinance appropriating $75,492.28 in American Rescue Plan Act (ARPA) Retention funds from Nueces County per the Amended Cooperative Agreement for City-Operated Corpus Christi-Nueces County Public Health District; and amending the FY2023 Operating Budget to increase revenue and expenditures by $75,492.28. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1: The American Rescue Plan Act (ARPA) Retention funds from Nueces County in the amount of$75,492.28 are appropriated in General Fund 1020 and Fund 1049 to distribute said funds to pay to the former County employees as additional, temporary premium pay. Section 2. The FY2022-2023 Operating Budget adopted by Ordinance No. 032855 is amended to increase revenues and expenditures by $75,492.28. 1 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 2 A. Amended Cooperative Agreement for City-Operated Corpus Christi-Nueces County Public Health District WHEREAS, the City of Corpus Christi ("City") and Nueces County, Texas ("County") established the Corpus Christi-Nueces County Public Health District(the"Health District")through a Cooperative Agreement(the"Cooperative Agreement") on or about September 30, 1984 for the cooperative administration of local public health programs and reformed the arrangement on April 21, 2009 pursuant to Chapter 121 of the Texas Health and Safety Code, and operated the Health District continuously since its formation with both City and County employees since that date; WHEREAS, the City and County amended that Agreement pursuant to Chapter 121 of the Texas Health and Safety Code with the First Amendment to the Reformed Cooperative Agreement to Operate a Public Health District effective September 1,2013,the Second Amendment to the Reformed Cooperative Agreement to Operate a Public Health District effective October 1, 2017, and the Third Amendment to the Reformed Cooperative Agreement to Operate a Public Health District to Extend GO Withdrawal to February 17,2022 to Provide for Negotiations, effective January 14,2022; WHEREAS, the Parties are agreeing to further amend the Cooperative Agreement to provide for the City's exclusive management of the Health District recognizing multiple studies over the past two decades have determined that the Health District should be restructured to provide additional operational efficiencies and improve employee morale,but reforms thereof have been stymied by the dual nature of management of the Health District; WHEREAS, the Health District primarily services an underserved population as defined in the Texas Health Institute Health Equities study, and the Health District Facilities are generally located geographically within those underserved areas, the Services provided under the Texas Healthcare Transformation and Quality Improvement Program will continue to focus on those areas of need identified 117 the Health Equities study of April 2021;and WHEREAS, by majority vote of each of the members of the Health District, the Cooperative Agreement and subsequent amendments are hereby amended, reformed,and restated as set forth herein. NOW THEREFORE, the City and County agree as follows: Section 1.Preamble&Parties.The preamble clauses are hereby adopted and acknowledged to establish the intent of the Parties.All parts of this Agreement are intended to comply with Texas law,and to the extent any portion is found to be contrary to Texas law, that will not affect the enforceability of the remainder of the Agreement. This Amended Cooperative Agreement ("Agreement") is between the City and the County as the original, current, and sole Health District members, and the provisions herein will be effective on the Effective Date of this Agreement (the"Effective Date'D. Section 2. Organizational Structure. a. GO Operation of Health District. The City shall administer all of the services of the Health District, as identified herein (the "Services") and shall have administrative responsibility for all day-to-day operations of the Health District, administratively supervise all employees of the Health District, and prepare the annual budget of the District. The Health District will be composed exclusively of City employees, except for the grant employees described in Section 2b while the grant is transitioning to the City. As of the Effective Date,the City shall be solely responsible for the Health District's compliance with all municipal, state, and federal laws, rules, and regulations. The City will handle legal representation of the Health District for causes of action arising after the Effective Date. The City's defense of the Health District will include defense through potential judgment and appeal of a court proceeding arising from that post-Effective Date cause of action and the City shall bear all costs and expenses of that defense of the Health District.The City and the Health District are hereby presumed to not have a conflict of interest, and the City intends to utilize singular counsel to represent bttps://niaccesco-my.shu pointcom/personal/idoncy8l94_nuecesco—rom/Documenls/Desktop/City County Health Divorce/DraftAmended Public Health District kgrearneut-2-14-22 for Courtp ti.g.d.- Page 1 of 9 20220081-2/14 both the City and the Health District in defense of causes of action arising after the Effective Date of this Agreement. The City will have sole authority to employ/appoint, direct, discipline, and terminate all employees of the Health District, including, but not limited to, the Health District Director, Assistant Health Directors, and Division Administrators. The City may re-organize the Health District business model at any time, eliminate positions, and create positions,so long as those Services required by Health and Safety Code 121.006(d),and the continued service of active grants are met.Associated savings will be shared with the County,and the County has the option to decline increased services associated with increased expenses. If,prior to the end of the 2021-2022 fiscal year,the City terminates,without good cause,an FLSA non-exempt ex- County Health District employee (graded in 100 levels for City purposes) from the Health District who was hired by the City after the Effective Date of this Agreement, then the City will apply its Reduction in Force policy to attempt a placement of that employee elsewhere in the City organization with a priority on placement within the Health District. To the extent that the County has awarded ARPA (American Rescue Plan Act) premium pay and or Retention Grant awards to County employees who become City employees,those awards will transfer to the City to continue to administer to those employees at the rate determined by the Commissioners Court for the remainder the 2021- 2022 fiscal year, but only as long as the employee remains with the City Health District. The City will invoice the County periodically for the amount of the ARIA pay earned by each employee for the previous period, and the County will send that pay in a separate check to the City.The City will then distribute said pay to the former County employees as additional, temporary premium pay and make all required deductions therefrom. b. Grants requiring County Employment. If the terms of a grant require a grant-funded position to continue employment directly by the County, then that position may continue in County employ until the grant can be modified to allow for City employment. The parties will work to obtain modification of that grant to allow for that position to be changed as soon as possible.After the Effective Date, these County Employees will nevertheless be subject to the City policies,rules, and regulations, and the management of the Health District will have full authority over all the conditions of their employment including evaluation, directions, discipline, and termination as long as they are performing Health District Services. Employees occupying positions previously in County Departments 3091 (City/ County Health Unit) and or 1377 (1115 Waiver)will not be considered within the scope of this paragraph. c. Health District Reorganization. Upon the Effective Date, the Health District will be considered to be reorganized, and all employees will be considered effectively terminated from any position they hold, and all positions in the Health District will be considered newly created, and both City employees and County employees who are occupying any positions with similar titles following the Effective Date of this Agreement will be considered to no longer be employed by either entity unless the City chooses to retain them in the newly created Health District positions. The newly created positions will be occupied by City employees, regardless of which entity previously employed them. d. County Employeesgh en same rights to Apply for Open Health District Positions as City Employee..Non-executive employee positions in the Health District will initially be open for internal applicants of the I Iealth District,including County employees. The Health District shall be an equal employment opportunity employer and utilize the City's employment policies and procedures. All positions shall be filled without regard for the race, national origin, religion, sex, sexual orientation, gender identity, disability, age, or transgender, veteran, or marital status, or any other protected status of any applicant. e. Rollover of Sick dam'Vacation Time to City, FML.-I. County employees who worked for the Health District who are hired by the City after the Effective Date shall be granted the right to roll over up to 40 hours of their accrued unused County Sick Leave and up to 240 hours of their accrued unused County Vacation Leave into their Sick Leave and Vacation Leave accounts with the City. To obtain the benefit of this rollover,a County employee must first take the full payout of their accrued vacation leave(up to 96 hours). httys://nuecesco-my.sharepoint.com/personal/jdorsey8l94_nuecesco—com/Documents/Desktop/City County Health Di--./Draft Amended Public Health D--t Ag—rn-t-2-14-22 for Court prinnug.docx Page 2 of 9 Former Health District employees who were County employees shall not be subject to the City's initial-hiring probationary period or be restricted in the use of their paid leave as a result of being employed by the City for less than 6 months. Additionally, former Health District employees who were FMI_A-eligible County employees shall not be denied eligibility for protected leave under the Family and Medical Leave Act("FMLA") because they have not been employed by the City for at least one year or be considered to have worked fewer than 1250 hours in the past 12 months,if they have met these requirements during their employment by the County, and their allotment of available FMLA shall be adjusted by the number of hours such employee used in the rolling back twelve-month period before becoming a City employee. County employees who are rehired by the City will immediately qualify for health insurance coverage,and will not suffer a break in coverage caused by their move to the City. For purposes of vacation leave accrual, if a former County Health District employee is hired by the City for Health District Services,then that former County employee's years of service will be calculated on the basis of their years of service with the County in addition to their years with the City. Section 4. Financial Administration. a. GO Payment for Health District. Subject to receipt of funds from the County, other entities paying for services of the health district, and other entities that have agreed to provide grants and other payments for operation of the health district, the City will pay for administration of the Health District pursuant to Tex. Health&Safety Code 121.047. b. County Payments for Health District. (1)The County's membership contribution for Fiscal Year 2021-2022 County Dep't 3091 City/Co Health Unit will be$943,00 (remaining budgeted amount in that County fund) and for County Dep't 1377-1115 Waiver Funds will be$837,400(remaining budgeted amount in that County fund minus unfilled employee positions without job descriptions). The County's membership contributions for Fiscal Year 2021-2022 will be due in equal monthly installments of$134,714 and $119,629 for each of the two aforementioned funds for the remainder of Fiscal Year 2021-2022 no later than the first day of each month. These amounts shall be in addition to the transferred grant amounts described in subsection c.(2)below. In addition, payments owed on the Effective Date for past services of the Health District (currently estimated at$320,426)will be brought current within 30 days after the Effective Date of this Agreement. (This number will be identified at the time oj'signing and may be differen1from the number listed today 214122) (2)The City and the County agree to negotiate payments for future fiscal years before or concurrent with the budgeting process for the Parties and before adopting future budgets. Agreement on such payment amounts shall be reached by July 1st prior to each fiscal year, and in the absence of Agreement, the City may terminate and/or suspend services where payment has not been agreed upon on the October V beginning the fiscal year for which the I lealth District budget is being negotiated. (3) Each party acknowledges that services or costs for services in future years may change depending on the available funding from grants,general funds available from each party,and other funding sources. (4) If the County is in arrears on payments more than 90 days to the City,the Health District may suspend all or some of the services provided to areas outside the City limits and/or require payment for services provided to non-City residents and/or suspend the operation of County-requested programs and/or programs established to benefit the County or Hospital District.Such suspension may be for the period of arrearage or other period as necessary to ensure the Health District is operated with its budget.Both sides acknowledge that some programs may not be suspended in order to comply with grant conditions or laws, but such failure to suspend shall not waive the City's rights pursuant to this paragraph. (5) The following contracts of the I lealth District that were approved by the County will be adopted by the City,and the City will be responsible for compliance with the terms therein: Contract Period of Performance Amount http,://Yiuc.cesco-niy.sharepoint.com/pmonal/idorseySI9,1.jiuccesco com/Documents/Desktop/City Count),Health Divorce/Draft Amended Public Health District Agreement-2-14-22 for Court pmumg,d— Page 3 of 9 OU with Health District-HHS001031800022 09/01/2021 -08/31/2023 No Cost neat and control the spread of infectious disease OU with Health District 09/08/2020-08/25/2020 No Cost onfidendal Data Vital Statistics Agreement with Health District 09/01/2018-08/31/2023 $1.83 per printed (City) record yccess to DSHS Online Database Service Agreement with City 12/28/2020- 12/28/2023 $29,500 Drinking water testing Additional contracts of Health District that were approved by the County may be adopted by the City so long as the funding source associated with the Contract is also transferred to the City. Adoption will be determined by the City Manager. c. Grants and Income of the health District. (1) Unless prohibited by the grant's terms, all grants will remain with the Health District and be managed by the City. Existing grant funds will be transferred to the control and administration of the City. The County will provide for the assignment, reassignment, transfer, and/or regnant of Health District grants managed by the County to the City in a manner that ensures that funding for functions being provided by the Health District is provided to the City for the payment of employee positions shifted to City employment. If grants are delayed,restricted,or slowed,the City will not consider the County responsible therefor,but the County agrees to use its best efforts to provide for transfer of grant control to the City. (2)The County acknowledges that the City is currently relying on the following grants for operation of the Health District, and will take all steps necessary to ensure that the City may administer funds from for all grants for the benefit of the Health District including but not limited to the following grants: Name of Grant(County Administered Time Period Grant Amount Match HHS000812700015,Amendment No.1 9/10/2020—7/31/2023 $3,550,004 IDCU/COVID HHS001077800001 09/09/2021 -06/30/2023 $900,000 COVID - Public Health Crisis Response Cooperative Agreement CONTRACT NO.HHS001057600014 9/01/2021 -5/31/2023 $500,000 COBID-19 Health Disparities Grant HHS000288900003 01/01/2019-08/31/2022 $1,011,806 STD/I1IV contract CONTRACT NO. 537-18-0368-00001, 9/01/2021 -8/31/2022 $209,694 Amendment No.4 HIV surveillance 537-18-0172-00001,Amendment No.5 07/01/2017-06/30/2022 $1,306,072 $24,000 for FY 2022 Public Health Emergency Preparedness Contract HHS000812700015 8/01/2020—4/30/2022 $1,410,636 https://nuecesco-my.sharepoitit.com/personal/idoneySI94_n.ec,,co_com/Documents/Desktop/City County Health Divorce/Draft Amended Public Health District Agreement-2-14-22 for Court printing.do- Page 4 of 9 IDCU/COVID TX Beach Water 2632 21-043-001 Work $127,000 Order#C992 Retention Grant if not distributed by March $ 1st Name of Grant(City Administered) Time Period Amount Match HHS000802100001 10/01/2020-09/20/2025 $1,005,493 Women,Infants and Children's Nutrition for FY22 funding Grant Program year HHS001019500010,Amendment No.1 5/14/2021 -06/30/2024 322,800,779 COVID-19 Vaccination Capacity Contract HHS001021100001 09/01/2021 -08/31/2023 $328,736.00 Preventive Health and Health Services Block Grant HHS000442100001 09/01/2021 -08/31/2023 $10,000 Laboratory response network influenza surveillance and epiderniology grant contract HHS001076700001 11/02/2021 -06/30/2023 $1,550,000 CPS-PH-Workforce HHS001096400011 12/16/2021 -12/31/2022 $58,014 $9,669 TUBERCULOSIS PREVENTION AND CONTROL — FEDERAL GRANT PROGRAM HHS000114000001,Amendment No.3 9/01/2018—8/31/2022 $1,058,988 BEIM/LOCALS HHS000436300009, AMENDMENT NO. 9/01/2021—8/31/2022 $409,711 2 TEXAS EPIDEMIOLOGY CAPACITY EXPANSION GRANT PROGRAM HHS000112500001,AMENDMENT NO.2 9/01/2021 —8/31/2022 $112,000 laboratory services for the analysis of bay water samples HHS000461700001,AMENDMENT NO.2 9/01/2021—8/31/2022 $61,645 ,12,329 DSHS TB Prevention and Control 537-18-0147-00001,Amendment No.5 07/01/2017-06/30/2022 $1,120,781 $20,555 for Y2022 Laboratory Response Network (LRN-PIIEP) Contract HHS000904900001,AMENDMENT NO.2 05/15/2020-03/15/2022 $578,850 Coronavirus 2019 COVID-19 response (3) County Grants for Health Services to he performed by Health District. The County reserves the right to seek grants for the approval and acceptance of the City to perform public health functions,acknowledging that the City will be the signor on the grant and the administrator of the funds.To the extent certain grants are only available to a County,those grants would be awarded to the County,and those funds collected by the County shall be paid to the City as the qualifying grant work is performed and documented. The City reserves the discretion to refuse any grant obtained by the County or others. https://nuecesco-my.shuepointcom/personal/jdorseyt94—nuece,sco_com/Do—uenu/Desktop/Cm,County,Health Divorce/Draft Amended Public Health Distnct Agreement-2-14-22 for Court pnnting.d— Page 5 of 9 (4) Couno Grants for Health Services to be performed by County outside of Health District. It is the intent of this Agreement that the Health District will perform the health services of the City and County to avoid duplication of services for City and County taxpayers.The City and Health District will have the first right to apply for grants to perform health services. If the County identifies a grant for which(1)neither the City nor the Health District is eligible to receive and (2) the grant prohibits the transfer of funds to the City, then the County, after approval by the County Commissioners Court at a meeting, may, apply for and perform that grant. (5)The City acknowledges that any reimbursement the County may receive as reimbursement for a portion of its expenditures from the 1115 Waiver program are to be negotiated between the County and the administrators of the program,independent of this Agreement,and do not impact the financial obligation of the County to the District.This amount will not be used to increase the amount paid by the County for the Services of the Health District. Ilealth District expenditures for documenting the 1115 waiver program will be charged to the County. (6) Income,including fees, charges,administrative penalties,and other payments attributable to the City's administration of Health Department programs will inure to the Health District to be used for administration of the Health District,including but not limited to: fees and/or charges for the laboratory, fees and/or charges for any clinic operated by the Health District,and fees and/or charges for food establishments. (7) Vital records fees previously paid to the Health District will inure to the City Secretary pursuant to contract with the State Department of State Health Services,Contract Number,IIHSREV100000815. Section 5.Modification of Cooperative Agreement.Any member may request a modification to this Agreement bygiving at least 90 days written notice of its request with sufficient clarity to the other members. Modifications will not become effective until approved by the governing bodies of each and every member. Section 6.Admission of New Members.Additional governmental entities may request membership in the Health District, for the purpose of receiving public health services, by making written application to the designated representatives of the original members pursuant to Tex. Health&Safety Code 121.042 must be approved by the governing bodies of each member and shall agree to contribute financially to the operation of the Health District in relation to the cost of the provision of services for that new member.Should any member provide written notice of withdrawal pursuant to Section 7,said withdrawing member shall not be able to prevent additional member from joining the District during the withdrawal period. Section 7. Withdrawal from Health District. Members may withdraw from the Health District upon not less than 120 days written notice to all other members,with the understanding that all Health District Services provided to the withdrawing member shall cease as of the Effective Date of the withdrawal, or sooner,if the member is in arrearage.Withdrawal of a member does not result in dissolution of the Health District.To the extent not prohibited by law,the Health District is intended by the parties to be able to continue with one member. Section 8. Expulsion from Health District. Members may be expelled from membership in the Ilealth District by agreement of the original members of the Health District. Prior to such expulsion, the affected party shall be given reasonable opportunity to correct the action leading to such expulsion. Section 9. Dissolution of Health District. The Health District may be dissolved by joint agreement of Nueces County and the City of Corpus Christi. It is the intent of the parties that withdrawal of either member does not result in dissolution of the Health District. If the withdrawal of member(s) from the Health District leaves it with a single member, then the remaining member may choose to dissolve the Health District on its own motion or continue to provide Services as it sees fit. hops://ntiecesm-my.sharepoint.com/personal/jdoneySI94_nuccesco_c io/Documents/Desktop/City County Health Divorce/DraftAmended Public Health Distnct Agreement-2-14-22 for Court printine.do— Page 6 of 9 Section 10. Selection and Removal of the Health District Director and Health Authority.City will have sole authority to employ/appoint, direct, discipline, and terminate the Health District Director.The County hereby delegates its authority to appoint,evaluate, direct,discipline,and terminate the Health District Director to the City Manager pursuant to Tex. Health&Safety Code 5 121.045. If the Health District Director is not a physician, the Health District Director shall appoint a person to serve as the Health Authority for the Health District.The Health Authority shall be subject to approval of the governing bodies of the members and otherwise as required by Tex. Health&Safety Code§ 121.045(d).The Health Director shall have the sole authority to determine conditions of employment of the Health Authority, to the extent not prohibited by law, direct the Health Authority, and terminate the Health Authority pursuant to Health&Safety Code§121.024,§121.0245,and§121.025. The County Commissioners Court may, after motion in an open meeting, at any time, file a written request to the Health Authority(with a copy to the Health Director and City Manager)requesting the Health Authority perform or cease performing an action pursuant to his/her authority as a Health Authority. The City Manager, Health Director, or designee thereof will respond to such request within 10 business days thereafter. If a matter within the authority of the City Council is implicated by the response, then the Commissioners Court may request consideration of such matter by the City Council. Section 11.Filing of Agreement and Modifications.Pursuant to Texas Health and Safety Code§121.044,a copy of this Agreement,including its attachments and counterparts,and any subsequent modifications shall be included in the minutes of the governing body of each member of the Health District and filed with the county clerk of each member county,the city secretary of each member municipality,and the Texas Department of State Health Services. Section 12. Functions of the Health District. a. Services and Programs. "Services" as used herein includes the following, pursuant to Tex. Health & Safety Code § 121.006(d),which the City agrees to provide through the Health District after the Effective Date: 0 personal health promotion and maintenance services; 0 infectious disease control and prevention services; • environmental and consumer health programs; • public health education and information services; • laboratory services;and • administrative services b. The City's assumption of the Health District enables services to be provided to the entirety of the county by the Health District pursuant and subject to Tex. Health&Safety Code §121.043.Provision of the services to the parts of Nueces County outside the City limits will be subject to receipt of County funds to pay for said services and compliance with grant conditions and law applicable thereto. Section 13.Additional Services provided to County. a. Calderon Clinic.For FY 21-22,the City or Health District will provide health personnel(employees or contractors) to operate a two-day per week health clinic in the Calderon Building in Robstown in exchange for the County's funding the cost of the services offered. The clinic will be a satellite office of services currently provided by the Health District.These services will begin on or before August 1, 2022, subject to agreement on funding by July 1, 2022 and sufficient facilities in the Calderon building to house the services. The days of operation will be chosen by the County, with the understanding that days may need to be changed to account for occasional absences of personnel. b. Mobile.Heallb Clinic Bus.The City or Health District will provide health personnel (employees or contractors for the operation of a 2-day per month mobile health clinic in exchange for the County provision of funds for such function.The clinic will be a satellite office of services currently provided by the Health District. The County will provide the bus,maintenance, and fuel for the said function. These services will begin by August 1,2022, subject to bus availability and agreement on funding by July 1,2022.The County will provide the driver and motor vehicle littps;//iiue,cesco-liiy.stir poitit.com/persoii,al/ldoney8I94 nuece.sco_com/D(,cuments/Desktp/City County Health D­­/Draft Amended Public Health Distract Agreement-2-1422 for Court p—ting.d— Page 7 of 9 liability insurance for operation of the bus. For Fiscal Year 2022-2023, the City will consider an expansion of the health clinic bus to 4 days per month,conditioned on the County=agreement to payment for such additional expense. Section 14. Reporting. a. The Health District shall provide regular quarterly(first report to be in November of 2022 for the 4th quarter of FY 21-22) written reports to the County Commissioners Court regarding the Service provided inside and outside of the City limits. b. The Health District will respond in a reasonable time in writing to the written requests of the County Commissioners Court regarding all aspects of the operations of the Health District and the provision of Services pursuant to this Amended Cooperative Agreement. c. The Health District shall maintain all Health District records consistent with the"Texas Government Code, as well as state and federal confidentiality and privacy laws, including but not limited to, the Health Insurance Portability and Accountability Act of 1996 (HIPAA), and shall provide ready and immediate access to the County to all documentation of the Health District, including but not limited to financial statements and supporting documentation,with the caveat that some documentation may require de-identification measures for patients or execution of HIPA-A-compliant documentation. Section 15.Governmental Immunity is Retained and No Third-Party Beneficiaries.This Agreement is solely between the City and the County.There are no third-party beneficiaries who may enforce this Agreement or any of the agreements between the City and County, including, but not limited to, the original Memorandum of Understanding, Cooperative Agreement, and other agreement(s) establishing the Health District or any amendments or reformations thereto.Both parties maintain their governmental immunity and all attributes thereof and do not waive any immunities by execution of this Agreement or any other documents.Further,all of the Health District's activities are declared to be governmental and all of the activities of the City and the County and any of the employees of either entity that are related to the Health District are declared to be governmental.No action of any employee or officer of the City, County, or Health District may waive the governmental immunity of the City, the County, or the Health District. All employees performing the governmental functions of the Health District under this Agreement are considered Health District employees for purposes of asserting governmental immunity and all acts of the Health District are governmental. Section 16.Name of Health District.The name of the Health District is not changed at this time.The City will consult with the County and granting agencies on the future name for the Health District and timing for implementation hereof and expects to revisit that issue in the future. Following reasonable consultation with the County and granting agencies, the City will have the authority to change the name of the Health District. Section 17.Sunset Review of Health District.The City will initiate a Sunset Review of the Health District within two years after the Effective Date and every 4 years thereafter. This Sunset Review will address the effectiveness and efficiency of the business model and service delivery to the entities who are members of the Health District. This Sunset Review will be performed by representatives appointed by the City Manager and the County Commissioners Court. These representatives will include external health care professionals and a consultant. The City Council will use the findings of the Sunset Report as an advisory tool to decide how to move forward with the Ilealth District. Section 18. Effective Date of Agreement. Following the approval of the governing body of each member and execution by the designated representative of the Amended Agreement shall supersede the existing Agreements and take effect at 12:00 am on March 1,2022(the"Effective Date"). Upon execution of this Agreement by both parties,all prior withdrawals are hereby rescinded. Signatures on the followingpage. htTs://nuecesco-my.shuepointcom/personal/don ey8l94_nuec,esco corn/Doc2imentsJDesktop/Cit}•County Health D­­/Draft Amended Public Health DismaAgreement-2-14-22 for Cour[ pnnting.doa Page 8 of 9 EXECUTED on the - day of /=�r�TyCA 2022. On behalf of Nueces County,Texas: BARBARA CANALES NUECES COUNTY JUDGE I(OMHHERNANDEZ rMmissioner, N MAREZ Commissioner, Precinct 1 Pre ' ct 3 d l JOEZ BRENT CHESNEY Commissione ,Precinct 2 Commissioner, Precinct 4 g\�g\O•NEgs At °r 0. D. 'i FCFS.CV"' Kara Sands, County Clerk Approved as to Form: jenny orsey,County Attorney On behalf of City of Corpus Christi,Texas: Attest: ':;� Peter Zanoni,City Manager Rebecca Huerta,City, ecretary Approved as to Form: 2 V. .'L, /-;r 2rZ4 Miles Risley, City Attorne https://nuccesco-my.sharepoint.com/personal/idoneySI94_nuecesco_com/Documents/Desktop/City County Health Divorce/Draft Amended Public Health District Agreement--2-14-22 for Court printing.docs Page 9 of 9 20220081-2/14 Ordinance Ordinance appropriating $75,492.28 in American Rescue Plan Act (ARPA) Retention Grant funds from Nueces County per the Amended Cooperative Agreement for City-Operated Corpus Christi-Nueces County Public Health District City Council March 7, 2023 Summary & Background • On March 1, 2022, the City became the sole operator of the Corpus Christi Nueces County Public Health District through a cooperative agreement with Nueces County. • As part of the agreement, former Nueces County employees that were hired on as city employees were entitled to additional pay through the American Rescue Plan Act which was negotiated by Nueces County. • Through the cooperative agreement, the award was transferred to the City to continue to administer to those employees at the rate determined by the Commissioners Court for the Remainder of the 2021-2022 fiscal year. • Pursuant to Section 2. A of the Cooperative Agreement between Nueces County and the City of Corpus Christi • a one-time payment to 17 former Nueces County employees will be distributed upon receiving the payment from Nueces County (Check was received 1/6/2023). City Council March 7, 2023 Fiscal Impact and Staff Recommendation Fiscal impact • No fiscal impact as the funds were received from Nueces County and cover 100% of the funding necessary. • These are one-time funds, and it is not reoccurring. • The funds will not change current FTE levels. Staff Recommends Approval City Council March 7, 2023 so �o o� A v WoRPORP�g4 AGENDA MEMORANDUM 1852 City Council Meeting of March 7, 2023 DATE: March 7, 2023 TO: Peter Zanoni, City Manager FROM: Robert Dodd, Director of Parks and Recreation Department RobertD4@cctexas.com (361) 826-3133 THRU: Nadia Chandler-Hardy, Assistant City Manager nadiach@cctexas.com (361) 826-3506 Resolution adopting the Sherrill Veterans Memorial Park Master Plan CAPTION: Resolution adopting a Master Plan for Sherrill Veterans Memorial Park (SVMP) consistent with the Veteran Stakeholder Group and the Parks and Recreation Advisory Committee (PRAC). SUMMARY: Currently, Sherrill Veterans Memorial Park (SVMP) does not have a master plan. In December 2022, the City retained Turner-Ramirez Architects for the development of a conceptual design of SVMP master plan.The Parks and Recreation Department, along with Turner-Ramirez Architects, conducted two (2) public stakeholder meetings with Corpus Christi area veteran's groups to gather feedback on proposed concepts. This item is a resolution to approve the Sherrill Veterans Memorial Park Master Plan located in District 1. BACKGROUND AND FINDINGS: Sherrill Veterans Memorial Park is located on the City's bayfront adjacent to the Art Center and Marina and is approximately 2.7 Acres. The park was dedicated in March of 1952 and was named after Joseph Warren Sherrill, a U.S. Navy Officer who died in service aboard the USS Arizona at Pearl Harbor. In 2017, the park was renamed to "Sherrill Veterans Memorial Park". The park is a place of honor and reflection for residents and visitors to pay tribute to those who have made the ultimate sacrifice in military service. The park provides an atmosphere of natural beauty and peace for quiet meditation. At present, Sherrill Veterans Memorial Park does not include memorials dedicated to each branch of the armed services. The intention is to provide appropriate memorials to honor each military branch and the contributions of every veteran —past and present for their service and sacrifice for this country. Existing Monuments/Plaques: • Warren Joseph Sherrill Memorial • World War I Marker • World War 11 Memorial • Global War on Terrorism Memorial • Prisoners of War Marker • Coast Guard Memorial • Korean War Memorial • Pearl Harbor Survivor Memorial • Vietnam Veterans Memorial • Birmingham Marker • Lions Club Bench honoring all Veterans. The conceptual renderings for SVMP detail the proposal of additional monuments and amenity improvements. It is proposed to rearrange the placement of the existing monuments to provide a more organized and thoughtful approach to the course of the park. It is also planned to elevate existing memorials that are placed in the ground to allow for improved viewing. Several additional monuments have been offered to enhance the park. One being and a "main- sail" from the USS City of Corpus Christi submarine; a US Army UH-1, Bell Huey Helicopter; a "Lone Sailor' statue. The main sail will be a new memorial dedicated to sub-mariners of the US Navy who served along shoreline/grounds of SVMP. The helicopter will be a monument to the local/national armed forces of Corpus Christi Army Depot (CCAD) and Naval Air Station Corpus Christi (NASCC). A larger shade structure is also proposed and highlighted as a central gathering point of the Park. It is designed with amphitheater like seating with electrical improvements to accommodate events and the Veteran's Band; to provide sufficient shade/wind protection. A number of current amenities for the park include three, moderate shade structures (one shade structure added in early 2022), an eternal flame, a single restroom facility, walking paths and palm trees. A Community Engagement Group (CEG) was created by the City's Executive Leadership Team and consisted of representatives from each of the following groups: • Mayor's Committee on Veteran Affairs • Parks & Recreation Advisory Committee • Veteran's Roundtable • Corpus Christ Veterans of Foreign Wars (three chapters) • Veteran's Band • USS Sea Turtle Base Corpus Christi • South Texas Military Task Force (STMTF) • Nueces County Veterans Services Office The City along with Turner-Ramirez Architects hosted two community engagement events in which the CEG attended, each open to the public, that took place on February 15, 2023 & February 23, 2023, at the Art Center of Corpus Christi from 5:30 p.m. to 7:00 p.m.These meetings were held to gather community input to identify existing amenities and deficiencies in the park. Recurring comments included extra ADA accessibility for parking/paths, way-finding signs/interactive features, shade structures/benches and restroom upgrades. Other comments mentioned concerns for security, maintenance, and lighting. There was also discussion regarding fundraising mechanisms for items such as engraved benches/pavers and having memorials be of substantial size. Participants were also asked to identify the absence of specific memorials. Suggested memorials to compliment the Park include representing the Iraq/Afghanistan War, Woman of War, Fallen/Missing in Action Soldiers and Purple Heart/Medal of Honor recipients. The Parks and Recreation Advisory Committee held a special meeting on March 1, 2023, to provide input and recommendations on the Sherrill Veterans Memorial Master Plan. The comments were positive on the final draft master plan presented by Philip Ramirez. The Committee favored the idea of interactive features such as "QR Codes" to provide educational information. A question was raised asking if City Staff has considered expanding SVMP to include Old City Hall Park. It was also suggested that tree planting include other local trees other than palm trees. Near the end of the Special meeting, PRAC unanimously approved a motion of support for the conceptual Master Plan and the City's effort to enhance Sherril Veterans Memorial Park. PRAC further asked City Staff that they be periodically updated regarding project schedule and milestones. The 10-year Parks & Recreation Master Plan identifies opportunities for improvement to replace existing wooden benches with shade at SVMP. Most other existing amenities, such as trails and accessibility are listed as "moderate condition". Sherrill Veterans Memorial Park is categorized as a Special Use park designed to accommodate varied recreational interests to attract regional/statewide audiences and serve as revenue-producing amenities for the community. A principal strategy in the 10-year Parks & Recreation Master Plan is to prepare illustrative master plans for the development or redevelopment of municipal parks. Additionally, the Master Plan supports the mission of the City of Corpus Christi's Parks and Recreation Department and will enhance the City's opportunity to qualify and compete for state funding through the Texas Parks and Wildlife Department (TPWD). The Parks & Recreation Department will maintain accreditation by the Commission for Accreditation of Park and Recreation Agencies (CAPRA). Funding to construct the proposed improvements will be taken to the City Council for consideration during budget cycles. ALTERNATIVES: Mayor & City Council can modify or request staff to revise the proposed Master Plan. This alternative will add a duration period on the overall project timeline for SVMP. FISCAL IMPACT: There is no fiscal impact associated with this item. The Master Plan will be used as a guide to develop future capital improvement projects. RECOMMENDATION: Staff recommendation is to approve this resolution, adopting a Master Plan for Sherrill Veterans Memorial Park consistent with the Veteran Stakeholder Group and the Parks and Recreation Advisory Committee, as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Presentation by Turner-Ramirez Architects Feedback/public comment catalogue PRAC special meeting agenda PRAC special meeting minutes Resolution adopting the 2023 master plan for Sherill Veterans Memorial Park. WHEREAS, the Corpus Christi Parks, Recreation, and Open Spaces Master Plan provides for the creation of individual park master plans; WHEREAS, Sherill Veterans Memorial Park is located in District 2 that provides a place of honor and reflection for the residents and is a place to pay tribute to those who have served in the Armed Forces; and it provides an economic benefit to the City; WHEREAS, the City has engaged an architectural firm to provide conceptual renderings of a master plan, showing improvements to this park that will provide enhanced value to the City and its residents and to the Veterans who live and work in this City; and WHEREAS, the master plan is conceptual only and are not part of the City's Comprehensive Plan and may be administratively changed without the necessity to seek City Council approval; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this master plan. Section 2. The City Council adopts the 2023 park master plan for Sherill Veterans Memorial Park. The master plan is conceptual in nature are not part of the City's Comprehensive Plan. The master plan does not represent final plans and may be changed administratively as the project progresses into engineering design. 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 Sherrill Veterans Memorial Park Concept — Master Plan Sherrill Park TURNER I RAMIREZ � � PAGE i { ' J M^ • �.. �,,.%«..a«.+"'w,M'Jt'aC2�dnffi'4�L,' "�,"N«` r �4�k ynx'mm k .. «.�. .. n W.- 4 � m M I 11J" 'il:/J,. A, . .orb a•u IL �u « Sherrill Park USS CITY OF CORPUS CHRISTITURNER I RAMIREZ Aa L I T E C T 5 PAGE 2 r „r VII' u r e� 0 LIL Ln IL N Sherrill Park HUEY HELICOPTERIR TURNER I RAMIREZ A a L h I I L 0 T 5 PAGE 3 Sherrill Park TURNER I Z AR���T PAGE 4 � E C T 5 ' Coopers Alley ' . f 12 9 ply 7 10 4 t h; 1. Sherrill Park Plaque w + 2. World War I Marker r = 3. Pearl Harbor Monument 4. World War 11 Memorial /.- 5' 5. Korean War Marker 6. Vietnam Memorial Ir 6 7. Small Plaques for each Uniformed Service 8. Lion's Club Bench � I f ` f ` Honoring all Veterans 0 v v r 1 r 9. U.S.Coast Guard Monument till g `' 1 10.Prisoners of War Marker 11.Global War on Terrorism 12.Fonument ree pace for future Whey Sf f Memorial Sherrill Park TURNER 1 RAMIREZ PAGE 5 e,u — ! '" rV s Sherrill Park TURNER I I L, 1 5Z PAGE 6 k ; A� ARMY e � F � I.T k y � I[It .,.r�u.,dilu0111Y,� r YLJ A M 6 i � 5 ., ,gyp •�,"� �� �f 1�� _� I�/� �• rJ � / a . i 'Y ' _� ■err.: � �� x � ,, //�-4 �: ,�sm. - �,� ,�� ��l �_«�� �, �,,,.,. �;��.,, �� �t�v� / ,...V ,�n I. �� �' � ;�` �, � .- y ,.. � �� � j: d� �.',df/!/ R fk fit. � IF..�' Y u ��I fI� lll�� I l i � Y ��� � r ' 1{ i� �� 1 :�� - a _--•. l s `.:', _ .. �'',�� � � �� li�u a i I l � a Sherrill Park TURNER I L, 1 5Z TURNER M s PAGE 10 4 1 1_ A 1 , e � 4 fl. ., 0i Sherrill Park 7 TURNER I RAMIREZ PAGE 11 � ARC H IrEC.S 1 v.m l i y- SHERRILL yrterm memonai Park Sherrill Park TURNER i I L C T 5Z PAGE 12 Next Steps • Initiate Memorandum of Agreement (MOA) with the Sea Turtles for the USS City of Corpus Christi Submarine Main Sail. • Enter Design Phase with Engineering Services, for a possible Request for Proposal\Request for Qualifications (RFP\RFQ). igo ,00~l • Develop Budget and Project Timeline. Sherrill Park 7 TURNER RAMIREZ \ ace , Sherrill Veterans Memorial Park Master Plan Public Comment - Community Engagement Meetings Art Center of Corpus Christi February 15, 2023 & February 23, 2023 Improvement of Amenities&Accommodations • More Shade/Benches • Solid roof for the "stage" area of the amphitheater • Electrical improvements for the amphitheater • Additional Restroom Facility (centrally located/ADA accessible) • Increase ADA Accessibility for Parking/Paths • Informational/Way-finding Signs • Interactive features (e.g., QR Codes) • Landscaping—flower beds/trees (excluding palm) • Dedicated open space for future memorials. Improvements to or Additional Monuments, Memorials, and Statues • Specific memorial for the Iraq/Afghanistan War • Specific memorial for Woman of War • Specific memorial for Gold Star Mothers • Fallen/Missing in Action Soldiers (separate from eternal flame) • Purple Heart/Medal of Honor • Dedicated flags/poles for each branch; for POW • Chronological placement/order of memorials/branches (year established) • Placement of memorials respective to specific war • Elevate existing memorials (concrete pad) • "Welcome Home" saluting statue Miscellaneous • Maintenance Plan (Environmental Elements) • Prefer Memorials of substantial size • Pavers (donated) • More lighting/security • Elevate eternal flame. Cit of Corpus Christiopard Street Y p CorpCorrpus Christi,Texas forward.cctexas.com � Meeting Agenda - Final POSTED 2/24/2023 9:44:00 AM Parks and Recreation Advisory Committee Rebecca Huerta City Secretary Wednesday,March 1,2023 5:30 PM City Hall,6th Floor Conference Room SPECIAL MEETING The City of Corpus Christi promotes participation regardless of race, color, national origin, sex, age, religion, disability or political belief. Reasonable accommodation is provided upon request and in accordance with the Americans with Disabilities Act. For assistance or to request a reasonable accommodation, contact(361) 826-3300 at least 48 hours in advance. Upon request, this information can be available in larger print and/or in electronic format. A. Call To Order/Roll Call B. Unfinished Business - Discussion & Possible Action 1. 23-0394 Sherrill Park Master Plan: Presentation by Turner-Ramirez Architects C. Public Comment Members of the audience will be provided an opportunity to speak at the Committee meeting. 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. When addressing the committee, please give your name and address for the record. D. Adjournment City of Corpus Christi Page 1 Printed on 2/24/2023 Cit of Cornus Christi Leopard Street Y p Corpus Christi,Texas fo rward.cctexas.com A Meeting Minutes Parks and Recreation Advisory Committee Wednesday, March 1,2023 5:30 PM City Hall, 6th Floor Conference Room SPECIAL MEETING A. Call To Order/Roll Call Chair Mejia called the meeting to order and a quorum was established with Vice Chair Twila Stevens absent. B. Unfinished Business - Discussion & Possible Action 1. 23-0394 Sherrill Park Master Plan: Presentation by Turner-Ramirez Architects Phillip Ramirez, Principal architect with Turner-Ramirez Architects, presented item "1" as show above. The conceptual renderings for Sherrill Veterans Memorial Park (SVMP) detail the proposal of additional monuments and amenity improvements. At present, Sherrill Park does not include memorials dedicated to each branch of the armed services. The intention is to provide appropriate memorials to honor each branch for individual contributions. It is proposed to rearrange the placement of existing monuments to provide a more organized and thoughtful approach to the course of the Park. Mr. Ramirez stated that branches/memorials could be placed in chronological order and respective to a specific war. It is also planned to elevate existing memorials that are placed in the ground to allow for improved viewing. Several additional monuments have been offered to enhance the Park. One being a "main-sail" from the USS City of Corpus Christi submarine; a US Army UH-1 and a Bell Huey Helicopter. A larger shade structure is a proposed amenity in the Plan and highlighted as a central gathering point of the Park. It is designed with amphitheater like seating to accommodate events and the Veteran's Band; to provide sufficient shade/wind protection. Mr. Ramirez also pointed out a proposed, new SVMP park entrance sign to encourage visitation. After the presentation, the floor was opened for PRAC comments/questions. A handout was provided to PRAC members cataloguing public input from the two Community Engagement meetings that took place on February 15, 2023 and February 23, 2023. PRAC favored the idea of interactive features such as "QR Code" signs to provide educational information. City of Corpus Christi Page 1 Printed on 3/3/2023 Parks and Recreation Advisory Meeting Minutes March 1,2023 Committee Robert McNabney asked if it would be possible to obtain and feature the entire USS Corpus Christi submarine and not just the main sail. Thomas Cronnon raised a question asking if City Staff has considered expanding SVMP to include Old City Hall Park. During future construction, a concern was expressed for the possible relocation of SVMP ceremonies and where they could be held. Chair Mejia suggested that tree planting include other local trees besides palm trees. PRAC also asked if a total budget has been determined for the Plan; if enhancements will be considered for Capital Improvement Projects. It was also noted that a budget for maintenance will need to be considered. After the discussion cocluded, PRAC unanimously approved a motion of support for the conceptual Master Plan and the City's effort to enhance Sherril Veterans Memorial Park. PRAC further asked City Staff that they be periodically updated regarding project schedule and milestones. C. Public Comment As a point of order, Chair Mejia opened the public comment period. The public comment period was closed with no one coming forward. D. Adjournment There being no further business to discuss, the meeting adjourned at 6:25 p.m. City of Corpus Christi Page 2 Printed on 3/3/2023