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Agenda Packet City Council - 07/18/2023
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,July 18,2023 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 Reverend Claude Axel, Mount Pilgrim Baptist Church. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Chloe Delgado, Ninth Grader at London High School. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: 1. 23-1172 Staff Announcement: Manuel Hernandez, Assistant Director of Public Works 2. 23-1173 Bond Ratings and Recent Bond Sales Update by Victor Quiroga with Specialized Public Finance, Inc. 3. 23-1183 Update on City-owned Cemeteries presented by Heather Hurlbert, Assistant City Manager 4. 23-1120 2023 Hurricane Season Preparedness (June 1 - November 30) presented by Billy Delgado, Emergency Management Coordinator City of Corpus Christi Page 1 Printed on 7/17/2023 City Council Meeting Agenda-Final-revised July 18,2023 F. PUBLIC COMMENT-APPROXIMATELY 12:00 P.M. To speak during this public comment period, you must sign up before the meeting begins. Each speaker is limited to a total of no more than 3 minutes per speaker. You will not be allowed to speak again on an item when the Council is considering the item. Time limits may be restricted further by the Mayor at any meeting. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Written comments may be submitted at cctexas.com/departments/city-secretary. Electronic media that you would like to use may only be introduced into the City system IF approved by the City's Information Technology (IT) Department at least 24 hours prior to the Meeting. Please contact IT at 826-3211 to coordinate. This is a public hearing for all items on this agenda. G. BOARD &COMMITTEE APPOINTMENTS: 5. 23-1122 Airport Zoning Commission / Planning Commission (3 vacancies) Corpus Christi Regional Transportation Authority (1 vacancy) Ethics Commission (1 vacancy) Sister City Committee (1 vacancy) H. EXPLANATION OF COUNCIL ACTION: I. CONSENT AGENDA: (ITEMS 6 - 25) 6. 23-1121 Approval of the June 27, 2023 Regular Meeting Minutes. sponsors: City Secretary's Office Consent-Second Reading Ordinances 7. 23-0892 Ordinance ratifying acceptance of Public Health Infrastructure Grant (PHIG) for $3,186,443.00 from the Texas Department of State Health Services (DSHS); and appropriating $3,186,443.00 to make strategic investments to support hiring, retaining, and training the public health workforce, and to strengthen public health infrastructure and systems related to the workforce and foundational capabilities for the period of March 22, 2023, through November 30, 2027 sponsors: Health Department 8. 23-1036 Ordinance authorizing a Water Distribution Main Construction and Reimbursement Agreement up to $36,731.71 with Devonshire Custom Homes, Inc. to construct off-site water distribution main improvements for a planned residential development, Westwood Heights Unit 4, located on Sunny Dr, south of Leopard Street, and appropriating $36,731.71 from the Water Distribution Main Trust Fund to reimburse the Developer per the agreement (District 1). City of Corpus Christi Page 2 Printed on 7/17/2023 City Council Meeting Agenda-Final-revised July 18,2023 Sponsors: Development Services 9. 23-0833 Ordinance abandoning and vacating a 20-foot wide portion of a 50-foot wide by 537 feet long utility easement out of Lots 1, 2, 3, 4, and 5, Block 2, Queens Landing Subdivision, located off of Compton Rd near Bentley Ct. Sponsors: Development Services 10. 23-0999 Ordinance annexing approximately 10.817 acres of land into the territorial limits of the City of Corpus Christi and rezoning the annexed property at or near 2738 London Pirate Road (County Road 33) from the interim "FR" Farm Rural District to the "RS-6 Single-Family 6 District; providing for a penalty not to exceed $2,000 and publication. Sponsors: Planning and Community Development Department and Development Services 11. 22-2110 Zoning Case No. 1122-01 Mustang Island Estates, LP, (District 4). Ordinance rezoning a property at or near 149 Mustang Island Estates Drive from the "RM-AT" Multifamily Apartment Tourist District to the "CN-1" Neighborhood Commercial District. Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommended approval). Sponsors: Development Services 12. 23-0730 Zoning Case No. 0423-01, Corpus Christi Party Hotel, LLC (District 1). Ordinance rezoning property at or near 910 Corn Products Road from the "CG-2" General Commercial District to the "CG-2/SP" General Commercial District with a Special Permit; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). Sponsors: Development Services Consent- Contracts and Procurement 13. 23-0937 Motion authorizing the execution of a one-year service agreement with CAP Fleet Upfitters, LLC., of Houston, Texas, through the BuyBoard Cooperative, to outfit seven replacement Chevy Tahoe police vehicles with emergency equipment in an amount not to exceed $144,851.00, with FY 2023 funding in the amount of$144,851.00 from the General Fund. Sponsors: Police Department and Finance &Procurement 14. 23-0993 Resolution authorizing the acquisition of 29 vehicles and equipment by various departments, of which 15 units will be outright purchases and 14 units will be lease-purchases through JP Morgan, for $3,093,334.33, with such items to be acquired in the manner, at the amounts, and from the sources stated with FY 2023 funding of$1,357,171.78 and the remaining balance of$1,736,162.55 for the lease purchase items to be funded through the annual budget process. Sponsors: Asset Management Department and Finance & Procurement City of Corpus Christi Page 3 Printed on 7/17/2023 City Council Meeting Agenda-Final-revised July 18,2023 15. 23-0422 Motion authorizing execution of a three-year service agreement with Excel Pump & Machine, Inc. of Robstown, for an amount not to exceed $873,300.00 for pump repairs at the Wastewater Treatment Plants, with FY 2023 funding of$145,550.00 from the Wastewater Fund. sponsors: Corpus Christi Water and Finance &Procurement General Consent Items 16. 23-1028 Motion authorizing execution of Amendment No. 1 to the service agreement with Mansfield Oil Company of Gainesville, Inc., of Gainesville, Georgia, in an amount not to exceed $2,144,404.20, and a revised value of $10,722,021.03 for unleaded gasoline, ultra-low sulfur diesel (TX LED) fuel and red dye diesel delivery service for Asset Management, with FY 2023 funding in the amount of$1,245,222.00 from the Fleet Maintenance Service Fund. sponsors: Asset Management Department and Finance & Procurement 17. 23-1116 Resolution authorizing a grant application for the FY 2024 Beach Cleaning and Maintenance Assistance Program from the Texas General Land Office for $70,000 to provide beach cleaning and maintenance on North Padre Island and Mustang Island. sponsors: Parks and Recreation Department 18. 23-1118 Resolution reaffirming the City of Corpus Christi's Investment Policy and Investment Strategies for fiscal year 2023-2024. sponsors: Finance &Procurement 19. 23-1174 Motion accepting the report of the City of Corpus Christi's Municipal Court Operations Review and City staff's responses. sponsors: City Manager's Office Consent-First Reading Ordinances 20. 23-0918 Ordinance authorizing acceptance of$8,843.58 from the Texas Commission on Environmental Quality for HazMat equipment and training for the City of Corpus Christi-Nueces County Local Emergency Planning Committee; and appropriating $8,843.58 into the LEPC Fund. sponsors: Fire Department 21. 23-0919 Ordinance authorizing acceptance of$4,608.23 from Howard Energy Partners for Hazmat supplies and equipment for the Corpus Christi Fire Department; and appropriating $4,608.23 into the Fire Grants Fund. sponsors: Fire Department 22. 23-0920 Ordinance accepting a grant in the amount of$10,000.00 from Flint Hills Resources 2023 Helping Heroes Program for training for the Corpus Christi Fire Department's Technical Rescue Program; and appropriating City of Corpus Christi Page 4 Printed on 7/17/2023 City Council Meeting Agenda-Final-revised July 18,2023 $10,000 to Fire Department Grants Fund. Sponsors: Fire Department 23. 23-0767 One-reading ordinance authorizing Change Order No. 1 to a design/build contract with Ranger Fire, Inc. from Saginaw, Texas, for a change in design from a foam pre-action system to a water-based sprinkler system for CCIA Fire Suppression Hangar 3 & 4 project in an amount of$160,509.00, for a total contract value not to exceed $1,104,509.30, located in Council District 3; appropriating $160,509.00 from Airport Insurance Proceeds to the Airport funds and amending the FY 2023 Operating and Capital Budgets. Sponsors: Engineering Services, Aviation Department and Contracts and Procurement 24. 23-1062 Ordinance authorizing a five-year lease agreement with Berry Contracting, LP for an airport hangar, aviation office space, apron area and vehicular parking area at the Corpus Christi International Airport. Sponsors: Aviation Department 25. 23-1191 Ordinance amending the description of Project#23052 Sherrill Park Military Monument, as shown in the FY 2023 Capital Improvement Budget, by clarifying that the design of a helicopter pad is included. Sponsors: Parks and Recreation Department J. SPECIAL SESSION LEGISLATIVE UPDATE: K. RECESS FOR LUNCH L. PUBLIC HEARINGS: (ITEM 26) 26. 23-1059 Zoning Case No. 0523-02, Diego Vasquez (District 1). Ordinance rezoning property at or near 1113 Comanche Street from the "Cl" Intensive Commercial District to the "IL" Light Industrial District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommended denial in lieu thereof, approval of the "CI/SP" Intensive Commercial District with a Special Permit.). (3/4 favorable vote required to overrule Planning Commission). Sponsors: Development Services M. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 27 - 29) 27. 23-1073 Resolution authorizing the negotiation and execution of four, five-year service agreements for the third-party administration of Medical, Dental, and COBRA with Blue Cross Blue Shield of Texas in an estimated total annual amount up to $1,750,140; Pharmacy Benefit Management with Caremark PCS Health, LLC. in an estimated amount up to $11,121 annually; Life & Accidental Death and Dismemberment with Blue Cross City of Corpus Christi Page 5 Printed on 7/17/2023 City Council Meeting Agenda-Final-revised July 18,2023 Blue Shield of Texas in an estimated amount up to $97,464 annually; and, Long-Term Disability with Blue Cross Blue Shield of Texas in an estimated amount up to $106,451 annually, for a total estimated amount up to $1,965,176 annually for the City's self-funded employee health benefits, with an estimated five-year total value in an amount up to $9,825,880. sponsors: Human Resources and Finance &Procurement 28. 23-1167 Resolution amending Council Policy No. 8 of the Code of Ordinances to add requirements for naming transportation-related facilities within City limits. sponsors: Public Works/Street Department 29. 23-1147 Resolution amending Financial Budgetary Policies adopted by Resolution 033082 on June 27, 2023 to add a section to address the timing for funding of design work for future capital improvement bond projects sponsors: Office of Management and Budget N. BRIEFINGS: O. EXECUTIVE SESSION: (ITEM 30) 30. 23-1218 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 Interstate 37, State Highway 286, U.S. Highway 181, existing and proposed sewer, water, street, bridge, park, and other public infrastructure in or near said highways, the Four Party Agreement between TxDOT, the Port of Corpus Christi and the Voluntary Resolution Agreement between TxDOT and the Federal Highway Administration related to the construction of the Harbor Bridge and related infrastructure, and environmental impact statements and records of decision related to the aforementioned transportation project(s). P. ADJOURNMENT City of Corpus Christi Page 6 Printed on 7/17/2023 CITY OF CORPUS CHRISTI OFFICE OF THE CITY MAMA(IAZ TO: \IaNlor and City C OLl11Ci1 FROM: Peter Zanoni, City Manage, COPY: Executive Team SUBJECT: Staff Announcement— Public Works DATE: May 26. 2023 I have appointed Manuel I fernandez as Assistant Director of Public Works. effective Monday, June 19. Manuel has 20years of civil construction experience. six of which were with the City of Corpus Christi as a Lead Inspector for the City's Department. Most of Manuel's civil construction experience has been in Corpus Christi and the Coastal Bend region. Manuel currently serves as a I'.stimator 10r f;�tv Ltd. In this role. he \\orks in 13ny Ltd.'s construction operations. w'hcrc he is rt sponsible 9x}6' x611176"crl in lvoc?:sscs and 1;ilue to lower costs and increase productivity. He is ,6lso rc,,,ponsible for drill in s and specifications to detennine work scope and accurately &\clop project costs. Since working for Say Ltd., Manuel's efforts have helped Bay Ltd. win I l major construction projects totaling over $69 million. Manuel holds an Associatc ol'Applied Science Degree from the College Art Institute of Houston. He is a Certified Constrtrc:tinrt MM .iI.M' thrtku"lt the Construction Management Association of America. Fiscal Year 2023 Bond Sale Results I July 18, 2023 City of • • Texas Victor Quiroga Dan Wegmiller Managing Director Managing Director 711 N Carancahua St 248 Addie Roy Road Suite❑ Suite SPECIALIZED PUBLIC FINANCE INC. corpus Christi,Texas 78401401 Austin,Texas 787468746 FINANCIAL ADVISORY SERVICES 361.278.1310 512.820.6086 victor@spfmuni.com dan@spfmuni.com Overview of the Plan of Finance FINANCINGS: FIVE TRANSACTIONS FOR A TOTAL OF $168,250,000 Bond Amount Financing Tool Repayment Source Sale Method $35,750,000 General Improvement Bonds I&S Taxes Competitive $6,300,000 Certificates of Obligation I&S Taxes Competitive $8,700,000 Certificates of Obligation (Taxable) Solid Waste Revenue Competitive $3,500,000 Limited Tax Notes I&S Taxes Competitive $114,000,000 Utility System Revenue Bonds Utility System Revenues Negotiated KEY DATES: ❖ APRIL 11TH— PLAN OF FINANCE PRESENTED TO COUNCIL/NOTICE OF INTENT RESOLUTION FOR THE CO'S APPROVED ❖ MAY 23RD— COUNCIL APPROVED FIRST READING OF THE BOND ORDINANCES ❖ MAY 30TH/31sT—CITY STAFF HOSTED ONSITE VISITS WITH BOND RATING AGENCIES—FITCH, MOODY'S AND S&P ❖ JUNE 13TH— COUNCIL APPROVED SECOND READING OF THE BOND ORDINANCES ❖ JUNE 21sT— LOCKED-IN FIXED INTEREST RATES-GENERAL OBLIGATION BONDS, CERTIFICATES OF OBLIGATION AND TAX NOTES ❖ JUNE 29TH— LOCKED-IN FIXED INTEREST RATE—UTILITY SYSTEM REVENUE BONDS I SPECIALIZED PUBLIC FINANCE INC. ,.oso«. seev SEs CITY OF CORPUS CHRISTI,TEXAS 1 1 City Bond Ratings Affirmed S&P Global , Fitch Rating Agency Ratings MOODYS Ratings Analyses Highest Possible Rating AAA Aaa AAA AA+ Aal AA+ High Grade/High Quality . A+ Al A+ Upper Medium Grade A A2 A A- A3 A- Financial BBB+ Baal BBB+ Performance Lower Medium Grade BBB Baa2 BBB BBB- Baa3 BBB --------------------------------------------------- BB+ Ball BB+ Management BB Ba2 BB Speculative Grade BB- Ba3 BB- B+ B1 B+ B B2 B Debt B- B3 13- Highly Speculative Grade CCC (+,-), CC or C Caal, Caa2 or Caa3 CCC(+,-), CC or C In Default D Ca D _ Current Corpus Christi General Obligation Bond rating - Current Corpus Christi Utility System Bond rating ------ Minimum Investment Grade SPECIALIZED PUBLIC FINANCE INC. . seev SEs CITY OF CORPUS CHRISTI,TEXAS 2 Rating Agency Reflections on the City ➢ Continued economic growth expected ➢ Very strong financial policies and practices ➢ Conservative budgeting ➢ Capital planning ➢ Strong institutional framework ➢ Consistently positive operating results ➢ Strong management team SPECIALIZED PUBLIC FINANCE INC. . seev CITY OF CORPUS CHRISTI,TEXAS 3 General Obligation Debt — Bid Results ➢ Inaugural use of a Competitive Sale Method for the City's sale of bonds ➢ Bidder providing the lowest interest rate is awarded the bonds ➢ Bids for each bond Issue were opened the morning of Wednesday, June 21 st ➢ The City received a very high level of participation from investment banks throughout the nation ➢ The four competitive bond sale received a total of 39 bids ➢ All winning bidders were below budget assumptions Bond Amount Financing Tool Interest Rate Winning Bidder Number of Bids $35,750,000 General Obligation Bonds 3.70% Jefferies 10 $6,300,000 Certificates of Obligation 3.67% Raymond James 11 $8,700,000 Certificates of Obligation (Taxable) 5.00% Raymond James 8 $3,500,000 Limited Tax Notes 3.02% Raymond James 10 I 16-11 LSPECIALIZEDpPUBLIC FINANCE INC. a s E A I CITY OF CORPUS CHRISTI,TEXAS 1 4 Utility System Bonds — Pricing Results ➢ Transaction issued using a Negotiated Sale Method ➢ Underwriters included: Jefferies, Morgan Stanley, Baird, Wells Fargo & Cabrera ➢ Bond issue priced on Thursday, June 29th ➢ Fixed interest rate of 4.09% for 30-years ➢ One transaction achieved 2 goals: 1 ) Generated $114,000,000 for Utility System Infrastructure Improvements 2) Refinanced $32,165,000 in eligible outstanding principal and saved the City's ratepayers over $2,000,000 in interest costs SPECIALIZEDpPUBLIC FINANCE ING. ^ ^ oaaY sEaECITY OF CORPUS CHRISTI,TEXAS 1 5 Summary ➢ General Obligation debt issued using a Competitive Sale Method ➢ The four transactions attracted 39 bids from investment banks throughout the nation ➢ Utility System debt issued using a Negotiated Sale Method ➢ Generated $114,000,000 in bond proceeds for infrastructure improvements ➢ Saved the City's ratepayers over $2 million in interest cost saving by refinancing outstanding debt ➢ Final, fixed, interest rates were below budget ➢ All five bond transactions were a success due to the City's high credit ratings I SPECIALIZEDpPUBLIC FINANCE ING. ^ ^ oaaY sEaECITY OF CORPUS CHRISTI,TEXAS 1 6 Appendix — Competitive Sale Bid Tabulations SPECIALIZED PUBLIC FINANCE INC. . seev SEs CITY OF CORPUS CHRISTI,TEXAS 1 7 General Improvement Bonds, Series 2023 Rank Firm Location Bid Received Jefferies LLC New York, NY 8:56:11 AM 3.707928% Wells Fargo Bank, National Association Charlotte, NC 8:59:38 AM 3.708568% Robert W. Baird & Co., Inc. Milwaukee, WI 8:59:45 AM 3.709039% PNC Capital Markets Philadelphia, PA 8:46:58 AM 3.719885% Morgan Stanley&Co., LLC New York, NY 8:58:20 AM 3.744718% • UMB Bank N.A. Dallas, TX 8:57:42 AM 3.757395% KeyBanc Capital Markets Cleveland, OH 8:59:13 AM 3.782999% BOK Financial Securities, Inc. Dallas, TX 8:54:51 AM 3.783049% • FHN Financial Capital Markets Memphis, TN 8:59:19 AM 3.797426% HilltopSecurities Dallas, TX 8:59:28 AM 3.898391% ➢ Bids were due on June 21, 2023 at 9:00 AM, CDST. All bids were submitted via Parity's online bidding system. ➢ The spread between the low bid and the high bid is approximately 0.190% (or 19.0 basis points). ➢ The final TIC equated to 3.705923% based on the resize par amount. ➢ Project Fund Deposit: $35,750,000 ➢ Term: 20-Years I, SPECIALIZED PUBLIC FINANCE INC. CITY OF CORPUS CHRISTL,TEXAS 8 Combination Tax & Limited Pledge Revenue Certificates of Obligation, Series 2023A ReceivedRank Firm Location Bid Raymond James &Associates, Inc. Memphis, TN 9:27:06 AM 3.674605% Robert W. Baird & Co., Inc. Milwaukee, WI 9:28:13 AM 3.710055% BOK Financial Securities, Inc. Dallas, TX 9:23:13 AM 3.753032% SWBC Investment Services, LLC San Antonio, TX 9:29:10 AM 3.755878% Stifel, Nicolaus &Co., Inc. Birmingham,AL 9:25:35 AM 3.762130% • TD Securities New York, NY 9:17:31 AM 3.764683% PNC Capital Markets Philadelphia, PA 9:23:36 AM 3.789857% Wells Fargo Bank, National Association Charlotte, NC 9:29:40 AM 3.791187% • Cabrera Capital Markets Inc. Chicago, IL 9:24:47 AM 3.794257% PNC Dallas, TX 9:27:08 AM 3.828042% SAMCO Capital Markets Dallas, TX 9:26:37 AM 3.840698% ➢ Bids were due on June 21, 2023 at 9:30 AM, CDST. All bids were submitted via Parity's online bidding system. ➢ The spread between the low bid and the high bid is approximately 0.166% (or 16.6 basis points). ➢ The final TIC equated to 3.670399% based on the resize par amount. ➢ Project Fund Deposit: $6,300,000 ➢ Term: 20-Years I, SPECIALIZED PUBLIC FINANCE INC. I_� CITY OF CORPUS CHRISTI,TEXAS 9 Combination Tax & Limited Pledge Revenue Certificates of Obligation, Taxable Series 2023B Rank Firm Location Bid Received Raymond James &Associates, Inc. Memphis, TN 9:56:12 AM 5.008249% BOK Financial Securities, Inc. Dallas, TX 9:56:38 AM 5.017602% Stifel, Nicolaus &Co., Inc. Birmingham,AL 9:58:56 AM 5.060935% PNC Capital Markets Philadelphia, PA 9:58:21 AM 5.079314% Robert W. Baird & Co., Inc. Milwaukee, WI 9:39:26 AM 5.108329% • UMB Bank N.A. Kansas City, MO 9:58:59 AM 5.153575% SAMCO Capital Markets Dallas, TX 9:47:56 AM 5.170393% SWBC Investment Services, LLC San Antonio, TX 9:59:25 AM 5.215252% ➢ Bids were due on June 21, 2023 at 10:00 AM, CDST. All bids were submitted via Parity's online bidding system. ➢ The spread between the low bid and the high bid is approximately 0.207% (or 20.7 basis points). ➢ The final TIC equated to 5.001267% based on the resize par amount. ➢ Project Fund Deposit: $8,700,000 ➢ Term: 20-Years - SPECIALIZED PUBLIC FINANCE INC. CITY OF CORPUS CHRISTI,TEXAS 10 Combination Tax & Limited Pledge Revenue Certificates of Obligation, Taxable Series 2023B Rank Firm Location Bid Received Raymond James &Associates, Inc. Memphis, TN 10:29:54 AM 3.021789% PNC Capital Markets Philadelphia, PA 10:23:56 AM 3.022047% SWBC Investment Services, LLC San Antonio, TX 10:29:48 AM 3.052594% BOK Financial Securities, Inc. Dallas, TX 10:19:10 AM 3.057718% Robert W. Baird & Co., Inc. Milwaukee, WI 10:23:52 AM 3.082204% • Stifel, Nicolaus &Co., Inc. Birmingham,AL 10:25:44 AM 3.098613% TD Securities New York, NY 10:17:51 AM 3.106657% Cabrera Capital Markets Inc. Chicago, IL 10:26:53 AM 3.173126% • Wells Fargo Bank, National Association Charlotte, NC 10:29:18 AM 3.195549% HilltopSecurities Dallas, TX 10:28:51 AM 3.237082% ➢ Bids were due on June 21, 2023 at 10:30 AM, CDST. All bids were submitted via Parity's online bidding system. ➢ The spread between the low bid and the high bid is approximately 0.215% (or 21.5 basis points). ➢ The final TIC equated to 3.021445% based on the resize par amount. ➢ Project Fund Deposit: $3,500,000 ➢ Term: 7-Years SPECIALIZED PUBLIC FINANCE INC. I_� CITY OF CORPUS CHRISTI,TEXAS 11 City Owned Cemeteries City Council July 18, 2023 City Owner Cemeteries ,,,fq--M-e)v Old Bayview Cemetery- located at the corner of Ramirez Street and Waco Street _ hY`yy4' l Y New Bayview Cemetery- located at corner of Kennedy Avenue and ` Winnebago Street. 2 History- Old Ba View Y Y Old Bayview Cemetery- • It is the oldest federal military cemetery in4 Texas with the first burials takinglace p � there in 1845 when eight soldiers in Gen. Zachery Taylor's army were killed in an explosion. - • In 2020, Old Bayview was added to The National Register of Historic Places. • The cemetery came into existence in 1897 when H.E. and Hattie Luter donated the ` 1 LIy1E� ���� land to the Bayview Cemetery Association. • Burials records began there in 1899 and ceased in 1913 History- New Bay View New Bayview Cemetery- NEW • Early maps on file at the Nueces BAYvieW CEMETERY County Courthouse indicate three cemeteries are located here: the New Bayview, the Nueces County, and the Knights of Pythias. • Many tombstones and bodies were transferred to Rose Hill Cemetery between 1914 and 1929. • The Bayview Association recorded 1 burials from 1899 through 1913 in the New Bayview Cemetery record book. 4 Ordinance Sec.33-119.— General. (b) The following cemeteries are maintained by the city: Old Bayview Cemetery located at the corner of Ramirez Street and Waco Street, and a cemetery known as New Bayview Cemetery located at corner of Kennedy Avenue and Winnebago Street. (Ord. No. 027844, § 1, 9-9-2008) Both Old Bayview Cemetery and New Bayview Cemetery are scheduled for regular cemetery care as outlined in Section 33-121. Cemetery Care, (a). Sec. 33-121. - Cemetery care. (a) The City of Corpus Christi shall provide for the continuing maintenance of the cemetery. In general, this includes: mowing, pruning, landscaping, policing of the grounds, and such other maintenance as may be necessary to keep the cemetery presentable at all times. (b) Cemetery maintenance does not include the purchase, erection, repair, or replacement of monuments, headstones, markers, or any other item. (Ord. No. 027844, § 1, 9-9-2008) City Maintenance Schedule • • • • Trash Removal• • Old Bayview Weekly Daily Annual New Bayview Weekly (contracted) Tuesday-Saturday Annual • The Friends of Old Bayview Cemetery Association maintain the erection, repair or replacement of monuments, headstones, markers, or any other item during the year only at Old Bayview Cemetery • Volunteers that have been trained specifically by the National Park Service to maintain headstones and markers • Staff relies on the trained volunteers to maintain the headstones and markers Questions ? CITY OF CORPUS CHRISTI OFFICE OF EMERGENCY MANAGEMENT - r - r' „ y , a repa dn r , o Identify Your Network Family & Friends 1 Neighbors & Caregivers _ tl 494. x People who attend your church Case/Social Workers Co-Workers & Others? ► �` Create a Plan at Home Evaluate potential hazards Create & practice your family emergency plan (include your pets) Decide what to do! Where are you going? a } 000 r U, o° What route willyou take? Stay in touch with family members & neighbors r Prepare Your Home Pick up any loose items in the yard that can PREPARE , , , I , HOUSE FOR be blown away (i.e., furniture & plants) Secure any heavy lawn equipment HURRICANE KUPTREES Trim/remove damaged limbs from trees and WELLTRIMMED shrubs COVERWINDOINSWIM SECURE LOUSE RURRICANESHUTFERS I OR" Ile DOWNSPOUTS Secure and board up external windows, doors, and garage doors Check on your neighbors II SESHINCLE KAM AND GARAGE DOOR S Clean out all goods from your refrigerator © .! Unplug electrical items oFILL GAS TANK Conduct an inventory & take pictures Sandbag low lying areas if flooding occurs. ' r_, ' 1 �� Disaster Bottled Water: 1 gallon per person, per day (including your pets) Supply Kit Food: Non-perishable, easy to prepare (food & water: 5-7-day supply) avatar R"io r=v P�Pat.A�nk3. Supplies: Flashlights, battery powered radios & lighting, first aid kit, cell phone & charger (solar powered) Medications: an�Par 7-day supply, medical items Wat mask Sanitation & Personal Hygiene Items: liizit •iP Pli.s Toothbrushes, toothpaste, soap, wet wipes, toiletries Supplies: • Infant supplies erso,�� • Pet supplies Pers PpOea • Emergency blankets/sleeping bags/pillows • Map(s) of the area Emergency Vital Records Birth, marriage, & death certificates Document Identification Documents: Social security cards, passports, & drivers license Bag Account Numbers: Checking's, savings, credit cards Insurance policies: Home, auto, health (Medicare/Medicaid), & life Contacts & locations: Important phone numbers & addresses firth cert \�+:1,=' Photographs ate=. Glasses Cash EXIT 1 :3 0 F;ZC:)' U -rF-= ,mS AIAF-=,AE3 37 m MAJOR AN ALTERNATE " ROUTES Ak%fA4c%L L-,Ak E3 L-FEE Nommow -AMMENEW imilmomw IDt-Auimig .F3m will C)Pp4E!'F-I evacuation lanes_ Delays should be expected_ Cor�sider these zittkauvozativc- routes 1cp get to YCOUF r l C SAN ANTON 10 �� SAN w ANTONI US l8l FM624 -IFC) SH76 NORTH AUSTIN L-OMLF;t l8l 114c:)F;Z-F" TO E-3" I23 TO I-35 ............................................................. Corpus Christi Resources Stay in the Know News Media City & OEM Social Media Page Radio & TV City FB - City of Corpus Christi -Government City TWR - CityofCC OEM FB &TWR: ReadyCC (both) City Website Klux Radio Newsroom I City of Corpus Christi 89.5 FM (cctexas.com) City Call Center Reverse Alert 3-1-1 reversealer" r r Closing Comments BEFORE A HURRICANE Have a Plan _ a Be Prepared _.x Have a emergency Kit and documents Listen tO 10Gal area Be prepared to evacuate Check your emergency kit bag radio,NOAA radio or and know your routes and replenish as needed. TV stations for information. and destinations. American+ Y Know your routes and destination R"d Cross I� AIRPORT ZONING COMMISSION Three(3)vacancies with terms to 7-31-2026(The members serve three-year staggered terms coterminous with the term each member serves on the Planning Commission). Duties The Airport Zoning Commission shall preserve,protect,and maintain the importance of the operations of the Corpus Christi International Airport and of the military flight training mission of Naval Air Station Corpus Christi. Composition The Airport Zoning Commission(Commission)shall be composed of the same nine registered voters who are members of the City's duly appointed Planning Commission.The members shall serve staggered terms of three years coterminous with the term each member serves on the Planning Commission.Any vacancy in an unexpired term on the Commission shall be filled for the remainder of the term,by appointment of the City Council,by the same Planning Commission member appointed to fill the vacancy on the Planning Commission.The Commission members shall elect a Chairperson and a Vice-Chairperson from among its membership at the first regular meeting,who shall serve until August;the members shall then elect a new Chairperson and Vice-Chairperson annually at the first meeting held each August.In addition to the Chairperson and Vice-Chairperson,the Commission may provide for the selection of such other Officers from among its membership as it deems proper.The Director of the Corpus Christi International Airport and the Director of the Environmental and Strategic Initiatives Department of the City of Corpus Christi,or their designees,shall be entitled to attend all meetings and sessions of the Commission,but shall have no vote in matters acted upon by the Commission.A naval representative of Naval Air Station Corpus Christi shall be entitled to attend all meetings and sessions of the Commission,but shall have no vote in matters acted upon by the Commission. Creation/Authority Meets Member size Term length/limit Liaison Section 241.002 of the Texas Local Date and time of meetings to be determined 9 3 years/6 years Ruth Bocchino Government Code;Ordinance 031307, 12/12/17. Name District Term Appt.date End date Appointing Authority Position Status Category Cynthia S.Garza District 1 1 7/21/2020 7/31/2023 City Council Seeking reappointment Justin Hedrick District 5 Partial 2/21/2023 7/31/2023 City Council Seeking reappointment Brian S.Mandel District 5 1 7/21/2020 7/31/2023 City Council Seeking reappointment Billy A.Lerma District 1 Partial 2/21/2023 7/31/2024 City Council Active Michael M.Miller District 2 1 7/16/2019 7/31/2024 City Council Vice-Chair Active Kamran Zarghouni District 5 2 7/17/2018 7/31/2024 City Council Chair Active Jahvid R.Motaghi District 2 1 7/19/2021 7/31/2025 City Council Active Mike A.Munoz District 2 1 3/8/2022 7/31/2025 City Council Active Michael C.York District 4 2 8/1/2019 7/31/2025 City Council Active Ex-Officio,Non- Navy Benjamin Polak 1 11 N/A N/A jUnited States Navy Ivoting jActive lRepresentative 7-18-2023 PLANNING COMMISSION Three(3)vacancies with terms to 7-31-2026. Duties The Planning Commission makes and amends a master plan for the physical development of the City;to recommend to the City Council approval or disapproval of proposed changes in the zoning plan;to exercise control over platting or subdividing land within the corporate limits of the city and within an area extending five miles beyond the City limits;to submit annually to the City Manager not less than 90 days prior to the beginning of the budget year a list of recommended capital improvements which,in the opinion of the commission,are necessary or desirable during the forthcoming five-year period;to require information from other departments of the City government in relation to its work;to be responsible to and act as an advisory body to the City Council and to perform such additional duties and exercise such additional powers as may be prescribed by ordinance of the City Council. In addition,members appointed to the Planning Commission are concurrently appointed to the concurrent Beach/Dune Committee(§10-17).This committee reviews applications for master planned development ordinances from applicants seeking beachfront construction,and submits their recommendations to City Council.They also review the location of the dune protection line and beachfront construction line at least once every five years or within 90 days after a tropical storm or hurricane affecting the portion of the coast lying within the City'® jurisdiction. Composition Nine(9)members which shall consist of nine registered voters of the City appointed by the City Council for three-year staggered terms.The following organization may appoint an ex-officio,non-voting representative:United States Navy.Members elect a Chair from among its membership at the first regular meeting in August of each year. Creation/Authority City Charter Art.5,Sec.1-6. The first Planning Commission ordinance was adopted in 1937 and has been amended several times,the latest amendment being adopted 7-13-68. Sec.10-17,Code of Ordinances;Ord.022164,2-28-95;Ord.031165-06/13/17. Meets Member size Term length/limit Liaison Every other Wednesday,City Hall,Council Chambers,5:30 p.m. 9 3 years/6 years Ruth Bocchino Appointing Name District Term Appt.date End date Authority Position Status Category Attendance Seeking 20/22 meetings-90% Cynthia S.Garza District 1 1 7/21/2020 7/31/2023 City Council reappointment (1 excused absence) Seeking Justin Hedrick District 5 Partial 2/21/2023 7/31/2023 City Council reappointment 11/11 meetings-100% Seeking 12/22 meetings-54% Brian S.Mandel 1 District 5 11 7/21/2020 7/31/2023 lCity Council I Ireappointment 1 1(6 excused absences) 7-18-2023 Appointing Name District Term Appt.date End date Authority Position Status Category Attendance Billy A.Lerma District 1 Partial 2/21/2023 7/31/2024 City Council Active Michael M.Miller District 2 1 7/16/2019 7/31/2024 City Council Vice-Chair Active Kamran Zarghouni District 5 2 7/17/2018 7/31/2024 City Council Chair Active Jahvid R.Motaghi District 2 1 7/19/2021 7/31/2025 City Council Active Mike A.Munoz District 2 1 3/8/2022 7/31/2025 City Council Active Michael C.York I District 4 12 8/1/2019 7/31/2025 ICity Council I JActive JUnited States Ex-Officio, Navy Benjamin Polak 1 N/A N/A Navy Non-voting Active Representative 7-18-2023 PLANNING COMMISSION Applicant List Name District Status Vanessa M. Garcia District 3 Applied Cynthia S. Garza District 1 Seeking reappointment Robert O. Guerra District 5 Applied Justin Hedrick District 5 Seeking reappointment Brian S. Mandel I District 5 ISeeking reappointment CITY OF CORPUS CHRISTI Submit Date: Jul 04, 2023 Application for a City Board, Commission, Committee or Corporation Profile Vanessa M Garcia First Name Middle Initial Last Name Email Address 4214 Killarmet Dr. Street Address Corpus Christi TX 78413 City State Postal Code What district do you live in? 9 District 3 Current resident of the city? r Yes r No If yes, how many years? 12 Mobile: (361)445-9252 Business: (361)93.9-5032 Primary Phone Alternate Phone Talen Energy- Barney Davis Energy Center Engineer Employer Job Title Work Address - Street Address and Suite Number 4301 Waldron Rd Work Address - City Flour Bluff Work Address - State Tx Work Address-Zip Code 78418 \/nnoccn nn (rnrrin Work Phone 3619395032 Work E-mail address Vanessa.Garcia@talenenergy.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? PLANNING COMMISSION: Submitted Interests & Experiences Are you a registered voter? c Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Bachelor's Degree in Electrical and Computer Engineering from Baylor University, 15 years total engineering experience in coal fired power plants, and natural gas fired combined cycle power plants, If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) 1) Ethics Commission,2) Planning Commission Why are you interested in serving on a City board, commission or committee? Any governing body is prone to corruption without proper checks and balances. I would like to be part of the community voice at the table. One of my mentors once told me, "You don't to complain if you're not willing to put any skin in the game". So this is me putting skin in the game. I would like to learn from the community leaders around me. I want to learn how the city boards and commissions function; and I would like to be part of the group that helps shape the direction of this city. Are you an ex-Officio member of a City Board, commission or committee? r Yes (-. No \/nnaccn AA (,nrrin 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 NSA Demographics Gender P Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Wnnoccn KA (,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 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 \/nnoccn AA (,nrrin City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. rJ I Agree City Code Requirement- Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. R 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. rJ I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. rJ I Agree \/nnoccn AA (,nrrin CITY OF CORPUS CHRISTI Submit Date:Jun 06, 2023 Application for a City Board, Commission, Committee or Corporation Profile Cynthia S Garza First Name Middle Initial Last Name Email Address 4530 White Oak Lane Street Address Corpus Christi TX 78410 City State Postal Code What district do you live in? V District 1 Current resident of the city? r Yes r No If yes, how many years? 20 Home: (361) 765-4514 Home: (361) 765-4514 Primary Phone Alternate Phone Sacky Investments LLC__ _ Owner Employer Job Title Work Address- Street Address and Suite Number 14617 Northwest Blvd. Suite B Work Address- City Corpus Christi Work Address- State Texas Work Address-Zip Code 78410 ('wnthin c r,ar-7! Work Phone 361-765-4514 Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? PLANNING COMMISSION: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: Planning and Airport Zoning Commission-seeking reappointment Education, Professional and/or Community Activity (Present) Licensed Cosmetologist Licensed Real Estate Sales Agent- Inactive status Bachelor Degree in Business Pharmaceutical Sales Representative for a Medical Device Company President Elect for Corpus Christi Northwest Rotary Owner and manager of Women's Retail Store- My Sister's Closet Owner and Property Manager for ACER Management LLC 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 Why are you interested in serving on a City board, commission or committee? I was born and raised in Corpus Christi Tx. My family owned a successful construction company for 35 years in Corpus and became one of the fasting growing hispanic businesses that left it's mark across Corpus Christi, on schools, hospitals, post offices, and more. My father, Ismael C. Salazar did not have an education but made sure all of his 9 children did get it. And I am proud to say,we all received our education and graduated from CCISD. I and my husband Ernest R. Garza, as well as both of my children Ernest Reed and Andria Garza all received our bachelor's degree from TAMUCC. Needless to say, I am rooted in Corpus Christi and have great interest in serving this City to help it continue to grow for the next generations to follow. . With my business and real estate background I believe I can provide a diverse view to help accomplish a systematic goal for the City as a whole. Upload a Resume (`\inthin C (,ter-7n Are you an ex-Officio member of a City Board, commission or committee? r Yes � No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r• No 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 (.- 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 ('vnthin C (_!3r-7n 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 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 ('xinthin C (,nr-7n 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 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. P I Agree ('vnthin C (,ar-7!a 4530 White Oak Lane,Corpus Christi,Texas 78410•361-765-4514• Cynthia Salazar Garza PROFESSIONAL SUMMARY As a small business entrepreneur, I have been able to develop my vision of creating and maintaining businesses from the Construction level to the managing of various commercial properties that are family owned. We help employ personnel and provide growth to our Northwest Corpus Christi area.These endeavors satisfy my need as a goal- oriented person to help build our economy. This also enabled me to be detail-focused on my business to be successful and to further my clients in their businesses as well. Through these partnerships, I have been able to create long lasting relationships,knowing these partners can rely on me. SKILLS I excel in excellent persuasive and polished communication skills within a diverse setting, fluent in both English and Spanish language. Experienced in managing crisis situations and resolving problems.Placing attention,not only to the problem but to the solution and creating a balance with those individuals involved. I possess outstanding work ethic and dedication to my professional development PROFFESSIONAL EXPERIENCE October 2005-Current Palm Tree Plaza and CSG Properties Corpus Christi,TX Commercial and Residential Property Owner and Manager ➢ Complete all Commercial and Residential lease contracts from the Texas Real Estate Commission. ➢ Knowledgeable of Commercial and Residential rules and regulations per State of Texas statutes. ➢ Comprehensive knowledge of hiring contract workers in maintaining and renovating properties. ➢ Collecting rental income and other monies for property. ➢ Complying with State Statutes and company's policy and procedures by placing eviction notices,late fees charges and following up with a with filing court orders with the Justice of the Peace. ➢ Background and credit checks on prospective tenants and then record and file the contracts. ➢ Coordinate the hiring, supervision,evaluation and professional development of staff.Conduct regular schedule meetings with staff to provide direction,guidance and oversight to personnel. ➢ Consult with staff to address concerns and sharing ideas to improve company's overall work environment. ➢ Ensure staff is knowledgeable of agency policies and procedures and are compliant. ➢ Managed the construction renovation of the Palm Tree Plaza as well as other commercial and residential properties. May 2005 to November 2014 My Sister's Closet Corpus Christi,TX December 2015 to June 2016 Owner ➢ Business owner of a retail women's consignment/boutique. ➢ Working both with customers and consignors as well as supervising employees and providing oversight and managed store operations to generate revenues. ➢ Analyzing sales and current inventory to provide projections and recommendations to retain customers and increase sales.Provided consignors with contracts. ➢ Provided written procedures for store operations,including opening and closing the store; procedures for accepting,sorting, consignment contracts; security procedures for staff and customer service,handling of cash to paying consignors and closing out register. ➢ Supported and donated to non-profit organizations. Such as,The Cottage Shop, Salvation Army,and Women's Shelter and to several community churches. ➢ Member of the NARTS National Association of Resale Thrift Shops. June 2016—June 2018 Snap Diagnostics Corpus Christi,TX Medical Device Territory Manager ➢ Launched off and demonstrated the use of a sleep apnea medical device to physicians and staff for potential patients in the Coastal Bend area. ➢ Responsible for driving profitable sales growth by developing,maintaining,and advancing accounts. o Regularly contacting and visiting medical offices and hospitals within my defined territory. o Setting up a conference and luncheon appointment with physicians and staff. ➢ Supply all the essential information to operate the overall business effectively and efficiently o Including completing all required reports accurately and in a timely fashion. ➢ Making maintenance visits once or twice a week and inspect the medical equipment. o Training patient,staff or nurse practitioner, o Review results report,billing,and discuss treatment plan for patient with business manager. ➢ Assist the set up Center Dashboard o A web tool the center can use to see a breakdown of patient diagnostic outcomes for the practice. ➢ Build excellent customer acumen and relationship skills with doctor and staff members. 1983 to 1994 Studio624 Hairstyling Salon Corpus Christi,TX Owner ➢ Business owner of a hair salon. ➢ Working both with customers and vendors as well as supervising employees and providing oversight and managed store operations to generate revenues. ➢ Coordinate the hiring, supervision,evaluation and professional development of staff. EDUCATION/LICENSES 2005 Texas A&M University Corpus Christi,TX Bachelor's Degree in Business Administration 1996 Licensed Real Estate Sales Agent Corpus Christi,TX 1979 Licensed Cosmetologist Corpus Christi,TX OTHER ATTRIBUTIONS ➢ Strong work ethics ➢ Positive attitude ➢ Great communication skills ➢ Problem solving skills ➢ Time management abilities ➢ Team player ➢ Bilingual REFERENCES References are available upon request. CITY OF CORPUS CHRISTI Submit Date: Sep 22, 2022 Application for a City Board, Commission, Committee or Corporation Profile Robert O Guerra First Name Middle Initial Last Name Email Address 8222 Midwest Circle Street Address Corpus Christi TX 78414 City State Postal Code What district do you live in? W District 5 Current resident of the city? r Yes r No If yes, how many years? 33 Mobile: (361) 946-5010 Business: (361)853-7568 Primary Phone Alternate Phone A_to Z Insurance Group Producer/Commercial Agent Employer Job Title Work Address- Street Address and Suite Number 5625 Betty Jean Work Address- City Corpus Christi Work Address-State Texas Work Address-Zip Code 78414 Dnhort n r_i tom Work Phone 3618537568 Work E-mail address robert@atozinsurancegroup.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? PLANNING COMMISSION: Submitted Interests & Experiences Are you a registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Texas Licensed General Lines Insurance Agent 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 Why are you interested in serving on a City board, commission or committee? I would like to have more community involvement and give back to a city that has given to me. I am interested in the current growth and would like to participate in those positive changes. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No ranhort n (_i iorrn No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics Gender W Male Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r• No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes c No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Dnhort n (=i iorrn 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 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 Dnhort n (,i iorrn City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers,from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Dnhort n r;i inrrn ROBERT OMAR GUERRA 8222 Midwest Circle • Corpus Christi,TX 78414 • (361) 946-5010 • neer ARD—WORKING,SELF-MOTIVATED AND EXPERIENCED PROFESSIONAL with experience handling a diversified group of businesses in the insurance,banking,construction and oil field industries.Banking career spans 18 years of experience in analyzing credit including collateral analysis to determine valuation;analyzing financial information to determine creditworthiness;assisting customers with their financial needs. Known for the ability to deal with a diversified client base and the ability to build assets through the development of client relationships. KEY SKILLS • Records Organization&Management • Construction Management&Estimating • Spreadsheets&Financial Reports • Cash Flow Analysis and Determining Creditworthiness • Teambuilding&Staff Supervision • Self-Motivated • Sales Management • TX Licensed—General Lines Agent/Life, Accident,Health HMO,Property&Casualty • Bilingual(English/ Spanish) PROFESSIONAL EXPERIENCE A to Z Insurance Group, Inc., Corpus Christi,TX Commercial Lines Producer_March 2014—Present Provide existing and potential clients solutions for their insurance needs. Develop a coordinated protection plan by calculating and quoting rates for immediate coverage action and long term strategy implementation. Coordinate sales efforts to successfully build a diversified book of business in both Commercial and Personal lines. TSS, Corpus Christi,TX South Texas Regional Manager.January 2014—March 2015 Managed sales and the daily operations for the South Texas Region,specializing in the sale of security and surveillance packages in the commercial and residential market. Texas Rigpower Specialists, Corpus Christi,TX Owner/Partnership,May 2010—December 2013 Built a team of industrial electricians to provide electrical start-ups and down time service calls to oil drilling rigs in Texas. Specializing in maintenance,repair and troubleshooting of SCR systems such as IPS and Ross Hill applications.Providing experienced personnel for the servicing of electric motors VFD systems and all electrical wiring needs of a drilling rig. ROBERT O MAR GU E RRA RESUME . PAGE Two Get-R-Done Logistics, Corpus Christi,TX Owner/Partnership,March 2009—December 2013 Trucking company providing logistical support to oil field service companies. Managing a fleet of three commercial vehicles. Construction company providing support to the Corpus Christi Water Department. Responsible for sight restoration upon completion of waterline repairs replacing and/or repairing concrete,asphalt, Caliche pads,residential and commercial lawns. World Wide Safety Fire& Supply/Muniz SCR, Corpus Christi,TX Owner,March 2008—March 2009 Supplier of safety training and equipment in the oilfield industry.Provided electrical start-ups and service calls to oil drilling rigs.Specialized in maintenance repair and troubleshooting of SCR systems such as IPS and Ross Hill applications. Prosperity Bank, Corpus Christi,TX Branch President/Commercial Loan Officer,November 2006—March 2008 Responsible for all banking operations and for building the branch's assets through generating deposit accounts and a quality loan portfolio. Prepared financial statement spreads and collateral analysis for commercial loan presentations. Assisted in the preparation of the branch's annual budget and maintained operations within budget requirements. Managed a seven- member team. Laredo National Bank/BBVA,Corpus Christi,TX Vice President/Commercial Loan Officer,June 1999—November 2006 Responsible for making commercial and retail loans;analyzing customer's financial information to determine creditworthiness and collateral analysis for LTV purposes. Responsible for the proper handling of construction loans in the area.Managed draw requests based on percentage of completion;Managed and serviced a loan portfolio averaging $20MM. First National Bank,Corpus Christi,TX Branch President /Vice President,Commercial Loans/Credit Analyst/Note Department—June 1996—June 1999 Responsible for all banking operations and for building the branch's assets through generating deposit accounts and quality loan portfolio.Reporting directly to Board of Directors.Responsible for making commercial and retail loans; analyzing customer's financial information to determine creditworthiness;reviewing and analyzing financial statements for commercial businesses and providing recommendations to loan officers on credit worthiness. Supervised the bank's note department:providing credit reports,generating loan documents and providing support to loan officers. First City,Texas/Mercantile Bank,Corpus Christi,TX Credit Analyst/Credit Department Supervisor—June 1989—June 1996 Reviewed and analyzed financial statements for commercial businesses,prepared collateral analysis and provided recommendations to loan officers on the business'credit worthiness.Reported to Senior Credit Officer and prepared quarterly bank call reports and board reports. Supervised credit department managing employees,providing credit reports, credit files and credit inquiries. Operated sorter to process all bank teller transactions for First City Bank as well as many other banks in Corpus Christi,insuring each bank was balanced after the work was processed through the sorter. ROBERT O M A R G U E R RA REsumt • PAGE THREE EDUCATION DEL MAR COLLEGE SOUTHWEST TEXAS STATE UNIVERSITY 1988 Texas Licensed—General Lines Agent/Life,Accident, Health and HMO 2014 Texas Licensed—General Lines Agent/Property and Casualty 2015 -� .... AFFILIATIONS Corpus Christi Hispanic Chamber of Commerce-Member 1997- 2007 Corpus Christi State School—Board Member 1998-2004 Corpus Christi Police Athletic League (CCPAL) —Board Member 2002—2007 Veterans Memorial High School—Volleyball Booster President 2015 -Present TECHNOLOGY SUMMARY MS Office(Word,Excel,PowerPoint)• QuickBooks•Windows(all) LANGUAGES English and Spanish(fluent) CITY OF CORPUS CHRISTI Submit Date:Jun 06, 2023 Application for a City Board, Commission, Committee or Corporation Profile Justin Hedrick First Name Last Name Email Address 6709 Spurs Nation Dr Street Address Corpus Christi TX 78414 City State Postal Code What district do you live in? 9 District 5 Current resident of the city? r Yes r No If yes, how many years? 39 Mobile: (361) 944-2400 Mobile: (361) 944-2400 Primary Phone Alternate Phone self Real Estate Broker Employer Job Title Work Address - Street Address and Suite Number 2301 Airline Rd Work Address- City Corpus Christi Work Address-State TX Work Address-Zip Code 78414 lr rctin Wiarlrinls Work Phone 3614444663 Work E-mail address Preferred Mailing Address P Home/Primary Address Which Boards would you like to apply for? PLANNING COMMISSION: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. Education, Professional and/or Community Activity (Present) King High School Graduate College at TAMUCC & Del Mar Licensed Real Estate Broker in Texas Why are you interested in serving on a City board, commission or committee? I've been a lifelong resident of Corpus Christi and seen it change and grow immensely. We have a gem with tons of untapped potential. I would love to be a more integral part of shaping our city through smart and responsible growth. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No 1i ictin Wnrlrirl- 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 C No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. n/a Board-specific questions (if applicable) L ictin Wxarlrinl/ 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 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 li ictin I-4,=r4rirL- City Code Requirement -Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. rJ I Agree 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. rJ I Agree 1i ictin Wnririrls Justin Hedrick Corpus Christi, TX 78414361-944- 2400 Experience May 2019 to Present Real Estate Broker/ Owner of Royal Home Realty February 2017 to Present Vice President of Sales at MPM Homes, Inc. May 2004 to May 2019 Real Estate Sales Agent in Corpus Christi with various brokers April 2009 to February 2017 Retail Sales Consultant at AT&T Wireless Education Diploma - Richard King High School May 2002 College Courses - Texas A&M University Corpus Christi, Del Mar College Real Estate Brokers License - Texas Real Estate Commission CITY OF CORPUS CHRISTI Submit Date:Jun 01, 2023 Application for a City Board, Commission, Committee or Corporation Profile Brian S Mandel First Name Middle Initial Last Name Email Address 4010 Maximus Drive 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? 32 Mobile: (361) 658-6433 Mobile: (361) 658-6433 Primary Phone Alternate Phone Mandel Homes President Employer Job Title Work Address- Street Address and Suite Number 5502 Burnham Drive, Suite A Work Address- City Corpus Christi Work Address - State Texas Work Address -Zip Code 78413 Rrinn C Unnrlol Work E-mail address brian@mandelhomes.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? PLANNING COMMISSION: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: Yes. Planning Comission. Education, Professional and/or Community Activity (Present) Baylor University (BBA), Texas A&M University-Corpus Christi (MBA), Coastal Bend Home Builders Association;Texas Association of Home Builders, National Association of Home Builders; Education Is Our Freedom, Communities in Schools If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) did not. Why are you interested in serving on a City board, commission or committee? I have lived in Corpus Christi for my entire life.This city has given me so much and has so much more to give to its current and future residents. I would want nothing more than to be of service to its future development and give a voice from the millennial perspective. 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 Rrinn C AAnnAni 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 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 Rrinn C NAnnrJol 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 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 Brian C AAnnrlol 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. 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 Rrinn C Unnrinl CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY One(1)vacancy with term to 6-30-2024,representing the following category:1-City. Duties The Corpus Christi Regional Transportation Authority operates and provides for a public transportation system for Nueces County and the cities included in the Authority. Composition Board of Directors consist of eleven(11)members-five(5)appointed by the City Council;three(3)appointed by Nueces County Commissioners Court;two(2) appointed by the Mayors of Cities in the Transit Authority other than Corpus Christi(Agua Dulce,Bishop,Driscoll,Gregory, Port Aransas,Robstown and City of San Patricio);and the Chairman who is appointed by the Board. The principal municipality shall make its appointments to the board so that at least one of the appointees is designated to represent the interests of the transportation disadvantaged(elderly,persons with disabilities or low-income individual.) The statute does not mandate that this Board member be transportation disadvantaged.If the Chairman is from the membership,the entity that appointed that person will appoint a replacement. Terms shall be for two years;members may serve up to eight consecutive years as stated by State Law. The State Sunset Committee suggests that the appointing bodies should consider the appointment of a regular rider of the transit system.A member of the board must be a qualified voter residing in the authority. Creation/Authority Ordinance No.18285 in accordance with Article 1118x,V.A.C.S. Approved by electors in the cities of Corpus Christi,Agua Dulce,Driscoll,Gregory,Robstown,San Patricio,and in Nueces County on August 10,1985. Resolution No.20363-Amended terms to two-years and set an eight-year service limitation for members;House Bill 1621.Transportation Code,Chapter 451.501,Metropolitan Rapid Transit Authorities. Meets Member size Term Length/Limit Liasion 1st Wednesday,8:30 a.m.,RTA Administration/Operations Facility, 11 2 years/8 years Marisa Montiel 602 N.Staples Street Name District Term Appt.date End date Appointing Authority Position Status Category Matthew Woolbright District 4 3 6/19/2018 6/30/2024 City Council Resigned City Jeremy L.Coleman District 5 1 6/14/2022 6/30/2024 City Council Active City Erica M.Maymi District 5 1 6/14/2022 6/30/2024 City Active City Eloy H.Salazar District 5 2 6/23/2020 6/30/2024 City Council Active City Gabi S.Canales District 4 1 4/27/2021 6/30/2024 City Council Active City-Transportation Disadvantaged Beatriz Charo 1 10/6/2021 9/30/2023 Committee of Mayors Active Mayor of other Cities Armando Gonzalez 1 10/6/2021 9/30/2023 Committee of Mayors Active Mayor of other Cities Aaron Munoz District 3 1 3/28/2022 9/30/2023 Nueces County Active Nueces County Anna Jimenez 2 9/25/2019 9/30/2023 Nueces County Vice-Chair Active Nueces County Lynn Allison 2 9/25/2019 9/30/2023 Nueces County Active Nueces County Dan S.Leyendecker District 4 1 10/4/2017 1/3/2024 ICCRTA I Chair jActive I Regional Transportation Authority 7-18-2023 CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Applicants Name District Status Michael Budd District 3 Applied Patricia B. Dominguez District 1 Applied Arthur Granado District 2 Applied Eloisa Rodriguez District 3 Applied CITY OF CORPUS CHRISTI Submit Date:Jun 09, 2023 Application for a City Board, Commission, Committee or Corporation Profile Michael Budd First Name Last Name Email Address 3629 Beauregard Street Address Corpus Christi TX 78414 City State Postal Code What district do you live in? W District 3 Current resident of the city? r Yes c No If yes, how many years? 46 Mobile: (361) 549-6991 Home: (361) 854-4157 Primary Phone Alternate Phone Law Office of J. Reese Buchanana PC Escrow Officer Employer Job Title Work Address-Street Address and Suite Number - 737 Everhart Road Unit 1 Work Address- City Corpus Christi Work Address- State TX Work Address- Zip Code 78411 AAirhnol Ri trItl Work Phone 361-299-6388 Work E-mail address m.budd@jreeseebuchananpc.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: 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) • Bachelors of Business Administration in Finance from Texas A&M Corpus Christi (2001) •Associates in Applied Science Degree in Banking and Finance from Del Mar College (1998) •Graduated from Carroll High School (1995) 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 and Corpus Christi Regional Transportation Authority Why are you interested in serving on a City board, commission or committee? I have lived in Corpus Christi my whole life, I feel can give back by serving on a City Board. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No Uir•hnol Ri Arl 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 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 KAirhnol Ri virl 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 REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) r• Yes r No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY The City Council designates at least one of its appointees to represent the interests of the "transportation disadvantaged". "Transportation disadvantaged" is defined as meaning the elderly, persons with disabilities, and low-income individuals. State law does not mandate that the board member be transportation disadvantaged. Can you represent the interests of the "transportation disadvantaged"? r Yes r No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Explain how you represent the interests of the transportation disadvantaged. (If No, enter "N/A") N/A 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 lkAiphnol Ri irM Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a registered voter? r• Yes r No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. P 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 AAir-hool Ri irJrd Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Uirhnol Ri irJrJ Michael Budd 3629 Beauregard Drive, Corpus Christi, TX 78414 (361) 549-6991 QUALIFICATIONS: • A patient listener,who fully focuses on the speakers needs,then is able to process information for quick results. • Strong skills in time management,prioritizing tasks and meeting deadlines. • Self-motivated and skilled in orchestrating tasks and details to achieve projected business goals set forth by the company. • A clear communicator; able to interact with diverse audiences. • More than twenty years of experience in the title industry. • Consistently maintains a positive attitude and enjoys helping customer. RELEVANT EXPERIENCE: • Computer literate with Microsoft Office,Data Trace,FAST Software and Simple File. • Experienced with foreclosure sales/purchases. • Cooperatively able to work with mortgage lenders and realtors to insure a positive loan closing. • Experienced in analyzing surveys and reviewing plats. • Proven ability to understand and follow complex instructions in order to produce successful outcomes. • Ability to communicate effectively with borrowers to better understand closing process. • Possess experience as Branch Manager and Escrow Officer for Title Company. EDUCATION & CERTIFICATIONS: • Bachelors of Business Administration in Finance from Texas A&M Corpus Christi(200 1) • Associates in Applied Science Degree in Banking and Finance from Del Mar College(1998) • Graduated from Carroll High School(1995) WORK HISTORY: Law Office J.Reese Buchanan P.C.(First Title Company—Fee Attorney) • August 2017-Present Escrow Officer Law Office of J.Heil P.L.L.C. (San Jacinto Title—Fee Attorney) • 2009-June 2017 Escrow Officer Law Office of LeBlanc,Karlseng&Patton(San Jacinto Title—Fee Attorney) • 2006-2009 Escrow Officer NETCO Title Company • 2003-2006 Office Manager • 2002-2003 Escrow Officer/Abstractor CITY OF CORPUS CHRISTI Submit Date:Jun 28, 2023 Application for a City Board, Commission, Committee or Corporation Profile Patricia B. Dominguez First Name Middle Initial Last Name Email Address 10313 Hercules Dr. Street Address Corpus Christi TX 78410 City Slate 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? 10 years Mobile: (361) 318-0141 Business: (361) 698-2250 Primary Phone Alternate Phone Del Mar College _ _ Vice President of Student Affairs Employer Job Title Work Address -Street Address and Suite Number 101 Baldwin Work Address- City Corpus Christi Work Address-State Texas Work Address-Zip Code 78404 Dfatrirrin R rinminni in-7 Work Phone 361698-2250 Work E-mail address pbdominguez@delmar.edu Preferred Mailing Address V Work Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No, I do not currently serve on any other board, commission or committee. Education, Professional and/or Community Activity (Present) Bachelor of Science - Education, George Mason University, Fairfax, VA Master of Science-Guidance and Counseling, TAMU-Corpus Christi, TX Currently in the Educational Leadership Doctoral Program at TAMU-Corpus Christi, TX Why are you interested in serving on a City board, commission or committee? I am interested in serving on the CCRTA because the work that CCRTA does impact the citizens of Corpus Christi and the surrounding communities. CCRTA provides invaluable services to many populations (e.g.,working citizens, youth, elderly, and handicapped). I served on the CCRTA board for four years and would like to complete the two remaining years serving the citizens of Corpus Christi. I work at Del Mar College, and in my role, I have actively promoted CCRTA services to college and university students (TAMU-Corpus Christi).Additionally, I have close professional relationships with all the independent school districts in Nueces County, the surrounding communities and TAMUCC. I believe I would be a good candidate to represent the needs of all citizens and the needs of secondary and post- secondary organizations and students. I love the mission of the CCRTA and enjoy giving back to an organization that daily improves the quality of life for citizens. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes (: No Dntrirrin R r)nminni io-7 No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r• Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r• No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A n/a Demographics Gender p Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r• No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes (-. No Dntririfa R r)nminr- io-7 Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. n/a Board-specific questions (if applicable) Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) r• Yes r No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY The City Council designates at least one of its appointees to represent the interests of the "transportation disadvantaged". "Transportation disadvantaged" is defined as meaning the elderly, persons with disabilities, and low-income individuals. State law does not mandate that the board member be transportation disadvantaged. Can you represent the interests of the "transportation disadvantaged"? t: Yes r No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Explain how you represent the interests of the transportation disadvantaged. (If No, enter "N/A") have worked at Del Mar College for 18 years, and during that time, I have held various leadership positions in Student Affairs that dealt with helping students from all walks of life and circumstance. I have always been a strong advocate to advance students' needs, no matter their physical or academic ability. At DMC,we value all students equally, and I know that I would do the same as a member of the CCRTA board. Datrinin R rinminrri io- 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 understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Dntririo R r)nminr io- PATRICIA B. DOMINGUEZ EDUCATION DOCTOR OF EDUCATION ABD—EDUCATIONAL LEADERSHIP 2019-Present Texas A&M University Corpus Christi Corpus Christi, Texas MASTER of SCIENCE - GUIDANCE AND COUNSELING 1998 Texas A&M University Corpus Christi Corpus Christi, Texas BACHELOR of SCIENCE-EDUCATION 1992 George Mason University Fairfax, Virginia PROFESSIONAL EXPERIENCE VICE PRESIDENT FOR STUDENT AFFAIRS Del Mar College, Corpus Christi, TX May 2021-Present Del Mar College is a Hispanic-serving, multi-campus community college that provides affordable access to over 100 degree and certificate programs, customized workforce development, and continuing education opportunities. The College has an annual budget of$110,924,159, and supports over 1430 employees 469 (full&part-time) faculty and 1009 (full&part-time staff).As the Chief Student Affairs Officer, I provide visionary leadership for a diverse range of programs and services. Duties and Functions: • Provide direct supervision of the Associate Vice President of Student Affairs, Dean of Outreach and Enrollment Services,Director of Financial Aid, Director of Advising Initiatives, and Director of Project S.E.N.D.A. • Spearhead the transition and implementation of the Enterprise Resource Planning System(ERP)software. • Align the"Aspire, Engage,Achieve" Strategic Plan that focuses on student success • Develop, implement, and evaluate college access, recruitment, enrollment,retention, and completion efforts. • Support the Division of Student Engagement and Retention,TRiO-Educational Opportunities Center and,TRIO-Student Success Services,Total TRiO annual budgets $599,653 • Support Title V Programs—Project SENDA and DMC3. Both projects support guided pathways, professional development, advising, and college completion.Total Title V budgets $5,637,790 • Support institutional planning and coordination with other College instructional, administrative, and institutional advancement initiatives. • Ensure compliance with federal and state requirements and audits for delivery of services to students (including students with disabilities, international, and dual credit students). • Facilitate and execute the College's Strategic Enrollment Management Plan. • Provide onsite leadership and supervision for the College's new full-service campus. • Present monthly reports to the Board of Regents. • Represent the College at events on campus, in the local community, at state and national settings. • Facilitate enrollment and retention initiatives using data analysis, enrollment forecasting, and best practices. • Monitor, review, and approve the division's $8, 673,505.00 budget. PATRICIA B. DOMINGUEZ ASSOCIATE VICE PRESIDENT FOR STUDENT AFFAIRS Del Mar College, Corpus Christi, Texas 2020-2021 Duties and Functions: • Report to the Vice President of Student Affairs. • Serve as a member of the executive leadership team. • Supervised the division of Student Engagement and Retention, Financial Aid, and TRIO Federal Programs. • Provide leadership and direction to the student service division/departments comprised of Recruitment and Outreach, Dual Credit, Counseling, Disability Services,Title V, TRIO Programs,Admissions, Registrar, Financial Aid, Student Retention and Engagement, Student Life, Veteran Services, and Student Success Center. • Recommend data-driven recommendations to the President and VP of Student Affairs. • Consult and collaborate with College stakeholders for alignment with the Institution's Mission and Strategic Plan. • Develop policies, procedures, programs, and services to promote and support student success. • Provide onsite leadership and supervision to the College's new full-service campus. • Collaborate with CIO,VP of Student Affairs, and Chief Academic Officer Designee to develop training for the implementation of a new software system(Anthology)to enhance skills of faculty, staff, and administration. • Assist the Vice President of Student Affairs in collaborating with the College Relations Office to ensure marketing strategy for recruitment and various outreach events. • Collaborate, implement, and monitor enrollment targets, recruitment objectives, strategies to advance and enhance the institution's strategic enrollment management, enrollment growth, foster partnerships, and marketing plans. • Identify and focus enrollment management and marketing programs and initiatives that embrace and enhance campus diversity. • Facilitate enrollment and retention initiatives using data analysis, enrollment forecasting, and best practices. • Collaborate with four-year institutions in the region to develop strategic enrollment management plans to increase and streamline student transfer processes. • Coordinate leadership among the Dean of Outreach and Enrollment Services, Director of Financial Aid, the Registrar, and Director of Financial Services to ensure financial aid optimization and compliance with all federal and state regulations related to aid funding, CBM reporting, and other internal audit monitoring. • Orchestrate coordination between Outreach and Enrollment Services and Student Engagement and Retention Services for integrated enrollment services at the Welcome Center. • $3,568,450 DEAN, STUDENT OUTREACH AND ENROLLMENT Del Mar College, Corpus Christi, Texas 2015-2020 Duties and Functions: • Provide administrative support for outreach services, admissions and registrar, student enrollment, testing services, off-campus sites/centers, and for special projects. • Direct the development and implementation of strategies to attract and enroll students; work with college outreach specialists, registrar, enrollment center, admissions, testing, advising, faculty, and college staff to coordinate activities, programs and services which support access, recruitment, enrollment, and retention functions; FERPA compliance, PATRICIA B. DOMINGUEZ CBM report compliance, acceptance of transfer credit, and degree/certificate audit and posting. • Plan, develop, implement, and evaluate efficient and effective systems and processes for admissions, student outreach, to include ISDs, community events, College Centers; registration, grade reporting, and student record management. • Coordinate with the Vice President of Student Affairs to ensure that services are aligned with academic goals, objectives, and strategic plan; all outreach activities; all aspects of the College registration process for on-campus and off-campus classes; continually evaluating and improving processes; College commencement activities. • Assist with development and direct administration of College Outreach Services, admissions and registrar functions, Student Enrollment and Welcome Center functions • Evaluate and improve processes related to student services. • Recruit, supervise, evaluate, and develop assigned staff. • Manage, monitor, and review the division's$2,643,948 budget. • Work with Information Technology regarding Colleague Active Admissions,Admissions and the enrollment process, student data collection, student management, and institutional enrollment reporting. • Actively promote the College by participating in organizations, making public presentations, serving on local and regional boards. • Plan, coordinate,write, and compile reports including enrollment updates and other statistical reports as required. DIRECTOR,EARLY COLLEGE PROGRAMS Del Mar College, Corpus Christi, Texas 2009-2015 Duties and Functions: • Provide strategic planning and collaborative leadership and advocacy for the Early College Program. • Supervise and grow Early College Program staff from two to six full-time and one part time positions. • Create and maintain early college high schools for a total of five early college high schools. • Serve as liaison with 19 area school districts and the College's instructional departments related to dual enrollment. • Coordinate with instructional Deans, Department Chairpersons, and other College personnel for dual credit student and ISD recruitment, admissions, enrollment, testing, registration, academic success, and student services. • Grow dual credit enrollment from 1,099 TO 2,658 (unduplicated headcount) • Resolve software issues related to grade discrepancies in Colleague/Datatel. • Request and create dual credit classes in Colleague/Datatel. • Collaborate with IT and IR on reports related to dual credit enrollments for internal and external stakeholders. • Trouble-shoot errors for CBM reporting accuracy. • Coordinate mandated numeric grade reporting in accordance with FERPA. • Negotiate and write annual contractual agreements/Memorandums of Understanding with area ISDs. • Facilitate on-site high school dual credit instructor observations with Department Chairs. • Recruit adjuncts from area high schools to teach onsite (embedded) dual credit classes. • Promote meaningful dialogue with College faculty and staff to better serve the needs of the high school population on campus, off campus, and online. • Prepare and maintain documents as needed for compliance, as related to dual enrollment and the Early College high schools. PATRICIA B. DOMINGUEZ • Provide professional development opportunities for faculty, staff, and ISD-partners at the local, state, and national level. • Manage the operational budget and unit planning in Weave. • Develop, in cooperation with VPI, Sub C submissions, annual goals and objectives. COORDINATOR,RECORDS AND SPECIAL ADMISSIONS PROGRAMS Del Mar College, Corpus Christi, Texas 2005-2009 Duties and Functions: • Supervise and manage the transcript evaluation process and all related areas. • Coordinate transcript evaluation by maintaining the computerized evaluation database. • Develop equivalency tables from transfer institutions. • Maintain knowledge of rules and regulations concerning transfer issues that comply with THECB and SACS accreditation guidelines. • Supervise and evaluate employees. • Lead, train, and direct workflow for admissions staff in processing admissions applications and college transcript processing(e.g., transfer courses,AP scores, prior learning experience credit). • Process enrollment applications. • Provide registration guidance for a diverse student population, i.e., traditional, non- traditional, dual credit, and Early College. • Actively promote the College with students, parents, and high school counselors during registration for dual credit classes for 25 high schools. • Lead the college enrollment and advising processes with the first onsite early college high school at DMC (2006)with CCISD including MOU development. • Collaborate with student service and academic departments, i.e.,Dual Credit, Financial Aid, Business Office, IT,and Department Chairs to improve processes. • Implement and maintain the On-Course Degree Audit module in the SCT Plus system. • Work registration, graduation, and other duties as assigned. PROFESSIONAL/COMMUNITY ACTIVITIES • Regional Transit Authority Board Member(2017-2022) • Building Leadership Team, Gregory-Portland and Tuloso-Midway ISD's (2017-2018) • Leadership Corpus Christi, Class 45 (2016/2017) • House Bill V Advisory Council(2016) • Corpus Christi Independent School District Education Foundation Board (2013-20105) PROFESSIONAL ORGANIZATIONS • Texas Association of Collegiate registrars and Admissions officers • Texas Association of Chicano's in higher education CITY OF CORPUS CHRISTI Submit Date: Jun 30, 2023 Application for a City Board, Commission, Committee or Corporation Profile Arthur Granado First Name Last Name Email Address 3334 Mavis Drive Street Address Corpus Christi TX 78411 City State Postal Code What district do you live in? W District 2 Current resident of the city? r Yes r No If yes, how many years? 30 Business: (361) 883-9989 Mobile: (361) 249-450. 1 Primary Phone Alternate Phone The Granado Group Owner Employer Job Title Work Address-Street Address and Suite Number 418 Peoples Street#505 Work Address- City Corpus Christi Work Address-State Texas Work Address -Zip Code 78411 Arthur (,rnnnrin Work Phone 361-883-9989 Work E-mail address art@thegranadogroup.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: 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) Tuloso-Midway High School, Texas A&M University-Kingsville, Nueces County Hospital District- Board Member. Registered Health Underwriter, Coastal Bend Association of Health Underwriters-Member. Texas Association of Health Underwriters-Member, USA Boxing Referee. Why are you interested in serving on a City board, commission or committee? My interest is to serve on the board of the Corpus Christi Regional Transportation Authority (CCRTA). I'm very familiar with the CCRTA as I office downtown and often use the bus system to lunch or meetings in the downtown area. I have long been an advocate of public transportation having used if often when I was younger. I believe my professional work experience and unique skill set in the financial/healthcare services will serve me well on the board. Further, I maintain a strong and extensive legislative network and governmental expertise which will aid the CCRTA well, especially when the state legislature is in session. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No Arthi it (,rnnnrin 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 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 (.- No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No Arthiir (=rnnnfin 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 REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) rYes rNo Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY The City Council designates at least one of its appointees to represent the interests of the "transportation disadvantaged". "Transportation disadvantaged" is defined as meaning the elderly, persons with disabilities, and low-income individuals. State law does not mandate that the board member be transportation disadvantaged. Can you represent the interests of the "transportation disadvantaged"? r Yes r• No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Explain how you represent the interests of the transportation disadvantaged. (If No, enter "N/A") N/A Verification Arthi it rrnnnrin City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement- Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Arthur rrnnnrJn 14 } t t l e4 k P ASSOCIATIONS ■ Registered Health Underwriter • Chartered Healthcare Consultant Arthur Granado has served on numerous boards ■ National Association of Health Underwriters and committees. Arthur Granado provides ■ Texas Association of Health Underwriters employee benefits consulting and risk management consulting services for clients in Texas. He has ■ Coastal Bend Association of Health spoken to numerous groups on employee benefits, Underwriters Affordable Care Act, health care data analysis and the use of technology in insurance and employee benefits. He has testified in Austin on Healthcare Reform and serves on a TRS Taskforce for State Representative Todd Hunter. Serves on The Coastal Windstorm Task force. Provided input on Rep. JM Lozano's, House Bill 3453 in the 2015 session, HB 1998 in the 2017 session. Advised on Representative Todd Hunter's, HB 5 during the 88th Legislative Session. Currently serve on The Nueces County Hospital District. Served on the Corpus Christi Regional Economic Development Corporation. While serving on the board expanded and enhanced the regions economic base by developing and supporting projects such as Voestalpine; Served as Vice-President on the Corpus Christi Convention and Visitor Bureau. Formed The Granado Group Inc. in 2007. A licensed Risk Manager/ Life and Health Insurance Counselor Agency. Specializing in consulting for employee benefits and property and casualty. Awarded the 2015 Corpus Christi Hispanic Chamber Small Business of the Year. Texas A&M Kingsville, Deans CITY OF CORPUS CHRISTI Submit Date: Mar 18, 2023 Application for a City Board, Commission, Committee or Corporation Profile Ms Eloisa Rodriguez_ Prefix First Name Last Name Email Address 1706 Hudson St Street Address Corpus Christi TX 78416 City State Postal Code What district do you live in? P District 3 Current resident of the city? r Yes r No If yes, how many years? 42 Mobile: (361) 548-6595 Mobile: (361) 548-65.95 Primary Phone Alternate Phone Kastle Assets Community Manager Employer Job Title Work Address-Street Address and Suite Number 9320 Work Address-City South Padre Island Drive Work Address -State Texas Work Address -Zip Code 78416 K A c PInicn Rnrlrinr nm-7 Work Phone 3615496595 Work E-mail address Manager@watersedgetexas.com Preferred Mailing Address V Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: 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: currently serve as a co-chair on the Corpus Christi Apartment Association Community Relations Committee. Education, Professional and/or Community Activity (Present) Community Relations Co-chair Member 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 Recreation Landmark Commission CCRTA Why are you interested in serving on a City board, commission or committee? I'm interested and feel a strong responsibility to contribute in the revitalization, preservation, and beautification of our city. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No AAc GInicn Dnrlrini in-7 No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender P Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r• No Do you, your spouse, your business or your spouse's business have a City contract? r Yes rr No Does your employer or your spouse's employer have a City contract? r Yes c No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No KAc Glnicn Rnrlrinj in-7 Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes a No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter" residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) r Yes r No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY The City Council designates at least one of its appointees to represent the interests of the "transportation disadvantaged". "Transportation disadvantaged" is defined as meaning the elderly, persons with disabilities, and low-income individuals. State law does not mandate that the board member be transportation disadvantaged. Can you represent the interests of the "transportation disadvantaged"? r Yes r No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Explain how you represent the interests of the transportation disadvantaged. (If No, enter "N/A") would do so by making sure all of the people that are without transportation are afforded the same opportunities as far as assisting with medical, educational, and basic needs so that each are helped fairly and consistently. Question applies to LANDMARK COMMISSION The Landmark Commission preferred representatives from certain categories. Do you qualify for any of the following categories? W At-Large hAc 17Inic!n CJnrlrim in-7 Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement-Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree KAc PInicn Dnrlrini in-7 Oath 1 swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Mc Mr%icn Dritirif- io-7 ELOISA RODRIGUEZ CAM 1706 Hudson St, Corpus Christi, TX 78416 361.548.6595 To obtain a community manager position, in which I am given the opportunity to play a direct role in unlimited growth and success of a solid organization. EXPERIENCE NOVEMBER 2019 - CURRENT COMMUNITY MANAGER, KASTLE ASSETS Oversee 250 units. utilizing various types of marketing to push occupancy, as well as working to keep those on notice, decreased work order count from 330- 28, restructured our team to better fit the needs of the community and ownership, monitor performance and oversee cross training, facilitate work and pricing with contactors in order to stay at or under budget, enter payables and payroll, lead weekly staff meetings to review operational needs and determine strategies, Currently studying for caps certification in June 2023. OCTOBER 2017 - SEPTEMBER 2019 COMMUNITY MANAGER, EUREKA MULTIFAMILY GROUP Ensured adherence to all policies regarding financial responsibilities, delinquency below 2%, consistently attempted to collect bad debt prior to being written off, oversaw make readies and make ready processes, conducted move out inspections and processed final account statements, in charge of payables, approved invoices and reconciled statements, set up vendor/contractor accounts, assisted leasing in touring community, maintaining occupancy and outreach marketing. Oversaw 783 units. Responsible for tenant retention. Increased occupancy from 62%-87%, Recruited, hired, and supervised personnel, monitored performance and oversaw training, conducted property inspections, verified and approved payables and payroll, lead weekly staff meetings to review operational needs and determine strategies, reviewed market studies in order to maintain competitive, received community manager of the year award in 2018 and my team received outstanding community team in 2018 as well. EDUCATION 2003-2005 ®EL MAR COLLEGE Worked towards associate degrees including elementary education and liberal a its 1999 DIPLOMA, RICHARD KING HUGH SCHOOL SKILLS 9 Proficiency in Onesite, AMSI, and • Bilingual English & Spanish Blue Moon Ability to operate under pressure • Proficiency in Microsoft Word, Outlook and Excel Software i Currently Co-Chair on the Community Relations Board for the Corpus Christi Apartment Association Voted Community Manager of the References available upon request Year 2018 & 2021 by the Corpus Christi Apartment Association 2 ETHICS COMMISSION One(1)vacancy with term to 9-30-2023.(Members are appointed by two-thirds vote of the full Council). Duties The Ethics Commission,in addition to having jurisdiction over complaints involving any"city official",are to prepare and publish pamphlets and other materials explaining the duties of individuals subject to the code of ethics;review all statements and reports filed with the city;annually review the code of ethics and make appropriate recommendations to the city council;review all public opinions related to the code of ethics that are issued by the city attorney;prepare and disseminate a report listing all campaign contributions and expenditures for each candidate within 30 days following the deadline for filing the last campaign finance reports for each city council election. The commission shall have such meetings as may be necessary to fulfill its responsibilities.The chairperson or any three(3)members may call a meeting provided that reasonable notice is given to each member. The commission shall meet at least once a year.The date of the annual meeting shall be in September.The commission shall comply with the Texas Open Meetings Act. Composition Nine members appointed by a two-thirds vote of the full council.Nominations are to be solicited from a wide variety of professional and community organizations in the city,but interested individuals may also submit their names for consideration.Members shall hold office for three-year terms commencing October 1.No holding over is permitted except as expressly provided in the Code of Ethics.The commission shall elect a Chairperson and a Vice-Chairperson. Creation/Authority Meets Member size Term length/limit Liaison Section 2-320,Code of Ordinances;Ordinance 3rd Thursday of the month,5:30 p.m., 9 3 years/6 years Kent Mcllyar No.20781,9/19/89,Ord. 023460,10-13-98; City Hall,Fifth Floor-ACM Conference Ord.No.024614-10/9/01. Room. Name District Term Appt.date End date Appointing Authority Position Status Claude C.Axel District 4 2 10/10/2017 9/30/2023 City Council Resigned Ed Bennett District 5 1 9/15/2020 9/30/2023 City Council Active DrueJones District 2 6/23/2015 9/30/2023 City Council Vice-Chair Active David J Bendett District 4 1 1/14/2020 9/30/2024 City Council Active Kamlesh Bhikha District 1 Partial 5/9/2023 9/30/2024 City Council Active Laura M.Commons I District 2 11 9/14/2021 9/30/2024 City Council lActive Dane F Fuller District 5 1 9/13/2022 9/30/2025 City Council Chair Active Trevor H Mauck District 2 1 9/13/2022 9/30/2025 City Council Active Kent L.Teague District 3 1 9/13/2022 9/30/2025 City Council Active 7-18-2023 ETHICS COMMISSION Applicant List Name District Status Vanessa M. Garcia I District 3 jApplied Sulakshana Modak I District 5 jApplied CITY OF CORPUS CHRISTI Submit Date:Jul 04, 2023 Application for a City Board, Commission, Committee or Corporation Profile Vanessa M Garcia First Name Middle Initial Last Name Email Address 4214 Killarmet 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? 12 Mobile: (361) 445-9252 Business: (_36.1) 9.39-503. 2 Primary Phone Alternate Phone Talen Energy- Barney Davis Energy Center_ Engineer Employer Job Title Work Address-Street Address and Suite Number 4301 Waldron Rd Work Address- City Flour Bluff Work Address-State Tx Work Address-Zip Code 78418 \/nnoccn AA (=nrrin Work Phone 3619395032 Work E-mail address Vanessa.Garcia@talenenergy.com Preferred !Mailing Address W Home/Primary Address Which Boards would you like to apply for? ETHICS COMMISSION: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Bachelor's Degree in Electrical and Computer Engineering from Baylor University, 15 years total engineering experience in coal fired power plants, and natural gas fired combined cycle power plants, If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) 1) Ethics Commission, 2) Planning Commission Why are you interested in serving on a City board, commission or committee? Any governing body is prone to corruption without proper checks and balances. I would like to be part of the community voice at the table. One of my mentors once told me, "You don't to complain if you're not willing to put any skin in the game". So this is me putting skin in the game. I would like to learn from the community leaders around me. I want to learn how the city boards and commissions function; and I would like to be part of the group that helps shape the direction of this city. Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No \/nnocca AA (;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 NW Demographics Gender P Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r• No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No Wnnoccn AA (_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 multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? t: Yes r No Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a registered voter? is Yes r No Verification Wnnoccn nn r_nr,-in 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 \/nnoccn AA (,arnin CITY OF CORPUS CHRISTI Submit Date: Apr 30, 2023 Application for a City Board, Commission, Committee or Corporation Profile Sulakshana Modak First Name Last Name Email Address 5914 Oso Parkway Street Address Corpus Christi TX 78414 City State Postal Code What district do you live in? P District 5 Current resident of the city? r Yes r No If yes, how many years? 22 yrs Home: (361) 443-9013 Home: (316) 443-9013 Primary Phone Alternate Phone Harbor Hospice _ Community Liasion Employer Job Title Work Address -Street Address and Suite Number 5151 Flynn Parkway Work Address-City Corpus Christi Work Address-State TX Work Address-Zip Code 78411 G dn[/chana AAr%H!A- Which Boards would you like to apply for? ETHICS COMMISSION: Submitted Interests & Experiences Are you a registered voter? a Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: NA Education, Professional and/or Community Activity (Present) My education includes a bachelor's degree in business administration from Texas A&M University, Corpus Christi, An Associate in Business from Delmar College, A bachelors in accounts and a Computer Science degree from a college in India. From 2006 till 2014 1 managed a group of 8 Hospitalists in Corpus Christi, have also worked as a Practice manager for our outpatient practice from 2014 to 2021 and currently I am the physician Liaison for Harbor Hospice. In addition to educational and work pursuits, I have always been very active in serving the Corpus Christi community. I have been a part of Rotary club doing various volunteer projects and am the President elect for the year 2023-2024. 1 also have had the honor of currently serving as a board member for CASA of Coastal Bend and Nueces County Medical Alliance. Throughout my career following ethical practices in business has been very important for me. Hence, I feel prepared and well suited for the position of Board of Ethics for the City of 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) Ethics Commission Why are you interested in serving on a City board, commission or committee? I have been a member of the Corpus Christi Community for the last 22 years and through out my stay It has been my honor and privilege to serve on the Board of various volunteer and philanthropic organizations. Besides helping the organizations like the PTA, Heart Association, Rotary, CASA, NCMS Alliance, I worked to achieve their goals and brought diversity of ideas and culture. I am proud of my Southeast Asian culture. While serving on the Ethics Board of Corpus Christi, I will be bringing inclusivity of culture/gender and diversity of thought. It will be a great opportunity for me to learn the inner workings of the City from a insider's perspective. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes (. No Ci dnL-chnnn hAnr1nl- 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 Ci dnL-chnnn �AnrJ�h 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 multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? 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 G dnL-chnnn AAnrJnl- City Code Requirement- Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. V I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 9 1 Agree Ci d!A-chnnn AAnr nL- 5914 Oso Parkway Corpus Christi, TX 78414 Ph: 361-4439013 Email:. SUMMARY OF QUALIFICATIONS Over 20 years of diversified, healthcare management experience; self-motivated, goal- oriented individual with the ability to manage a multitude of tasks effectively and efficiently daily. Currently, I work as a community liaison for Harbor Hospice. I am the president elect for the Southside Rotary of Corpus Christi. I am also on the board for the Nueces County Medical Society Alliance, CASA of coastal bend. EMPLOYMENT HISTORY Harbor Hospice(Community Liaison) 2022-current - Responsible for managing relations between the local physicians, hospitalists, and the community in general - Schedule outreach meetings with the local physicians to educate them on Hospice. - Handle promotional and charity events to benefit the local community and increase awareness Cano Health LLC (Regional Director/Office Manager) 2021—2022 Corpus Christi,TX - Responsible for managing the administration of 2 medical centers with over 25 employees - Made certain all areas are covered and staffed Medicare and private insurance forms were filled out correctly on each patient, had monthly staff meetings to insure employees understood the importance of all forms Scheduled all surgeries in both hospital and office. - Provided support and performed regular QA reviews for client intake, registration, and scheduling functions. - Responsible for the overall operations and administration of the medical practice. - Hired, terminated, trained staff, assessed employee performance, delegated responsibilities, supervised receptionists, medical assistants. - Directed and coordinated the business's financial and budget activities-billing, coding & collections. - RPv1PwPd 87 nvPrCPP fimnci;il analv-ic and activity rPnnrte and nthar performance data to measure results and goal achievement. - Worked directly with accountant to reconcile account information, pay medical office bills, order medical and office supplies and make deposits (QuickBooks Accounting Software). - Complied with medical protocol, patient confidentiality by following the HIPPA compliance plan established by the practice. - Responsible for overlooking data entry, maintenance of medical records, inventory records, scheduling appointments - Oversee the appropriate spending and budget allocation for the centers - Instrumental in developing a monitoring and compliance framework for organization. - Developed guidelines for program monitors' work resulting in consistent monitoring and compliance activities across the state of Alabama. - Work to organize, facilitate and administer workshops and training in order to support the professional development needs of employee and administrators. Skills Used Leadership skills, resulting in action-oriented results Innovative Care Partners PLLC (Practice Manager) 2016-2021 Corpus Christi,TX - Office manager for a busy practice of 7 Hospitalist Doctors. Managed employees. - Credentialing for the Doctors for various Insurance Companies and Hospitals - Keeping updated Data regarding license and certificates for the whole group - Billing Insurances - Collections and Payments to Doctors - Claim Denials - Payroll - Filing Quarterly Taxes Advanced Medical Care PA (Practice Manager) —� Corpus Christi, TX - Office manager for a busy practice of 7 Hospitalist Doctors. Managed employees. - Credentialing for the Doctors for various Insurance Companies and Hospitals - Keeping updated Data regarding license and certificates for the whole group - Billing Insurances - Collections and Payments to Doctors - Claim Denials - Payroll - Filing Quarterly Taxes Volunteer Activities - PTA(Baker Middle School) - Southside Rotary of corpus Christi - CASA of Coastal Bend - Nueces County Medical Alliance - Heart Association - Agape Ranch EMR Eclinical Works(ECW) Chart perfect Medisoft Practice fusion SKILLS Ability to Multitask Efficiently Ability to work in a team Microsoft Word Microsoft Excel Microsoft Publisher People Communication HOBBIES / INTERESTS I love to hang out with my family and friends. I am also a good Artist and like to paint. I also Love to travel. SISTER CITY COMMITTEE One(1)vacancy with term to 9-1-24. Duties The Sister City Committee studies ways and means of improving relations with the Corpus Christi Sister Cities and to advise and consult with and assist the Mayor,the City Council,the City Manager and all other City agencies,boards and officials in accomplishing the purposes of the Sister City Program. Composition The Committee shall consist of nine(9)members who shall be appointed by the City Council and shall serve three-year terms.In addition,representatives from the following City departments shall serve as ex-officio,non-voting members of the steering committee:Mayor's Office,Corpus Christi International Airport and Parks and Recreation.The officers of the steering committee shall consist of a General Chair and Vice-Chair.The Chair and Vice-Chair shall be elected by majority vote of the Sister City Committee annually. If the General Chair is absent,the Vice-Chair shall serve as General Chair during his/her absence.The steering committee may appoint any other subcommittee as,in its judgment,will aid it in carrying out its duties.The steering committee shall determine the membership of each said subcommittee,its duties and chairman.The membership of each said subcommittee shall consist of members of the steering committee and,at the option of the steering committee, members from the community at-large. Creation/Authority Section 2-150,Code of Ordinances.Ord.Nos.10195,14291,18961,M86-0043-1/28/86;19474-9/16/86;19635-2/17/87;21045-12/11/90;021236-9/10/91; 023424-8-25-98;029687-11-20-12;030913-8/9/16;031963-12/17/19 Meets Member Size Term Length/Limit Liaison First Monday of the month at 12:00 p.m.at the 9 3 years/6 years Wendy Herman City Hall 3rd floor Engineering Smartboard Room Name District Term Appt.date End date Appointing Authority Position Status Exceed the number of Mark C.Arnold District 5 2 9/18/2018 9/1/2024 City Council absences allowed Arthur C.Wallace District 4 Partial 6/14/2022 9/1/2023 City Council Active Almira Flores District 4 2 9/7/2017 9/1/2023 City Council Active Mirza Pearson District 3 1 4/13/2021 9/1/2023 City Council Vice-Chair Active Melody H.Cooper District 5 12 11/7/2017 9/1/2024 City Council Chair Active Adria P.Vasquez District 2 1 8/10/2021 9/1/2024 City Council Active Valerie Harbolovic District 2 1 4/13/2021 9/1/2025 City Council Active Susane"Westi"Horn District 5 2 8/27/2019 9/2/2025 City Council Active Luis F Cabrera District 2 2 8/27/2019 9/2/2025 City Council Active C.C.International Airport Rep. N/A I N/A I N/A I JEx-Officio,Non-voting JActive Parks and Recreation Rep. N/A I N/A I N/A I I Ex-Officio,Non-voting JActive Mayor's Office Rep. N/A I N/A I N/A I JEx-Officio,Non-voting JActive 7-18-2023 SISTER CITY COMMITTEE Applicants Name District Status Joe Benavides District 2 Applied John Garcia District 1 Applied Charles Harris District 4 Applied Mourad Hasbaoui District 3 Applied Heather Moretzsohn I District 5 jApplied CITY OF CORPUS CHRISTI Submit Date:Jun 07, 2023 Application for a City Board, Commission, Committee or Corporation Profile Joe Benavides First Name Last Name Email Address 410 Atlantic St. Street Address Corpus Christi TX 78404 City State Postal Code What district do you live in? W District 2 Current resident of the city? r Yes r No If yes, how many years? 58 Mobile: (361) 633-9308 Business: (361) 888-0201 Primary Phone Alternate Phone Justice of the, Peace _ Judge Employer Job Title Work Address- Street Address and Suite Number 901 Leopard St. Work Address- City Corpus Christi Work Address- State TX Work Address- Zip Code 78401 lna Ron� ii�Joc Work Phone 361-888-0201 Work E-mail address joe.benavides@nuecesco.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? SISTER CITY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity(Present) Texas Justice Courts, Texas State University If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Non-appplicable Why are you interested in serving on a City board, commission or committee? am well versed on the sister city 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? c Yes r No lr%a PnnnwirJac 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 Yes Demographics Gender P Male Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No Inn Pnnnuirloc If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Verification 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 Inn nnnnwirloc 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 Inn Ronnwirinc 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? V District 1 Current resident of the city? r Yes r No If yes, how many years? 46 Mobile: (361) 446-4489 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 Dnryo 1 r,f r� Work Phone 361-991-7100 Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? SISTER CITY COMMITTEE:Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) 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 r No KAr lnhn (_nrrin 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 PT Male Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes (.- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes (-. No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes c' No KAr lnhn Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO" to all questions above, please enter N/A. n/a Board-specific questions (if applicable) Question applies to ARTS&CULTURAL COMMISSION The Arts & Cultural Commission preferred representatives from certain categories. Do you qualify for any of the following categories? (J Economic Development/Tourism 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 KAr lnhn t;nrrin 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 KAr lnhn (,nrf-in JAN-06-2015 06:44 From: To:8263113 Pase:2/6 John Garcia 317 Peoples Street Apt;V205 Corpus Christi, TX 78401 Cell: 361.444.9566 Email:; John Garcia has been active in the hospitality industry for 19 years. Bo 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 familia ity with conventions sales, hospitality, and strong community involvement. During his first b y ars at the Ramada Inn, he became a member of numerous organizations: Corpus Christi Chm abet of Commerce (Ambassador), Corpus Christi Hispanic;Chamber(Embajador), Hospi city Sales Marketing Association(Vice President,2004) (HSMA Member of the Year 2004 . and Harbor Lights Festival (Committee member) Dress for Success Volunteer, Transportatio n 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 Advisor), Board. Jolm also accomplished a graduate, certification course from the prestigious Dale Carnegie. Garcia's experience as Sales Manager gave hitt an opportunity to advance in the hotel industry. In June 2003. lie became Director of Sales& Marketing at the R ada 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 2-reatc 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: Nov 22, 2022 Application for a City Board, Commission, Committee or Corporation Profile Charles Harris First Name Last Name Email Address 1514 Ennis Joslin Rd 1124 Street Address Suite or Apt 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? 26 Mobile: (361) 444-9050 Business: (361) 992-9646 Primary Phone Alternate Phone Bryan K Harris PC _ _ _ _ Legal Assistant Employer Job Title Work Address -Street Address and Suite Number 1514 Ennis Joslin Rd, 1124 Work Address- City Corpus Christi Work Address -State TX Work Address- Zip Code 78412 rhinrinc 1-4mrric Which Boards would you like to apply for? SISTER CITY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? r• Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. I do not currently serve on any current City board Education, Professional and/or Community Activity (Present) TAMUCC School of Business Graduate-Bachelors in Business Administration; Involved with Good Samaritan and Mission 911 charities. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) 1) Library Board 2)Arts&Commission 3) Sister City Commission Why are you interested in serving on a City board, commission or committee? am interested in bringing new ideas to the table and am willing to personally represent all of the diverse segments of our community when it comes to my decision making, which would mean giving the input needed to help Corpus Christi make the most informed and inclusive decisions possible. I feel my presence would provide a breath of fresh air and bring a youthful energy that is much needed with these boards. Are you an ex-Officio member of a City Board, commission or committee? r Yes No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes c 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 (`hnrloc Wnrric 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 Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes r• No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to ARTS&CULTURAL COMMISSION The Arts & Cultural Commission preferred representatives from certain categories. Do you qualify for any of the following categories? 9 None of the above (`hnrloc Wnrric 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 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-hnrloc Wnrric Consent for Release of Information 1 understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. P I Agree Oath swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree r-knrinc Wnrric CITY OF CORPUS CHRISTI Submit Date:Jun 13, 2023 Application for a City Board, Commission, Committee or Corporation Profile Mourad Hasbaoui First Name Last Name Email Address 4642 Ramona dr Street Address Corpus Christi TX 78416 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? 15 Mobile: (361)429-3170 Mobile: (361) 429-9830 Primary Phone Alternate Phone HTF Consulting, LLC President Employer Job Title Work Address-Street Address and Suite Number 4642 Ramona dr Work Address- City Corpus Christi Work Address -State Texas Work Address-Zip Code 78416 NAnr marl Wnchnni ri Work Phone 361-429-3170 Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? SISTER CITY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) World Affairs Council of South Texas . A Delmar College graduate . University of Houston-Victoria President of HTF Consulting , LLC If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Sister City Committee. Corpus Christi Convention &Visitors Bureau Airport Board Why are you interested in serving on a City board, commission or committee? Corpus Christ has been my home for the last 15 years. This is where I have became an American citizen and pursued my American dream. I love this city because I know its potential and opportunities for growth and progress. My love for the city is embedded in my personal and professional experiences of living here. By serving on the Sister City Committee, I can contribute to the expansion of our city, build bridges between Corpus Christi and other cities around the world, and promote the idea of citizen diplomacy. Are you an ex-Officio member of a City Board, commission or committee? r Yes r No KAni irnrl Wnchnni d 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 ConducVConflicts 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 Uniirnrl Wnchnniii Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r, Yes r No If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO"to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Verification 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 Ani trnrl W!nchnni ii 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. PF I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. V I Agree KAni irnri Wnchnni ii CITY OF CORPUS CHRISTI Submit Date:Jun 19, 2023 Application for a City Board, Commission, Committee or Corporation Profile Heather Moretzsohn First Name Last Name Email Address 7633 Rancho Vista Blvd. West Street Address Corpus Christi TX 78414 City State Postal Code What district do you live in? W District 5 Current resident of the city? r Yes r No If yes, how many years? 20 Home: (361) 215-2306 Home: (361) 883-8900 Primary Phone Alternate Phone Rodriguez & Moretzsohn, PLLC_ Owner/manager of law firm Employer Job Title Work Address- Street Address and Suite Number 713 Ayers Street Work Address -City Corpus Christi Work Address- State Texas Work Address- Zip Code 78404 Wianthnr l\Anrnt-7cnhn Work Phone 361883-8900 Work E-mail address heather@debrarodrig uez.corn Preferred Mailing Address 9 Work Address Which Boards would you like to apply for? SISTER CITY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) See attached resume for more details. Education -JD/MA- International Law(1999/2001); Professional/Community activity- Member of Rotary Club of Corpus Christi.Additional - lived in Europe, Japan, Mexico and Brazil. If'you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) N/A Why are you interested in serving on a City board, commission or committee? I am interested in fostering international issues to the Corpus Christi community. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No Wianthor Unrot7cnhn 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 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 1-4onthor AAnrot-7cnhn Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO"to all questions above, please enter NIA. N/A Board-specific questions (if applicable) 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 Wonthor KAnrot-7cnhn City Code Requirement- Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which 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 1-4onthor KAnr1Zt7cnhn HEATHER "ERIKA" MORE TZSOHN de CASTRO Rodriguez &Moretzsohn, PLLC 713 Ayers Street Corpus Christi, Texas 78404 Phone: (361) 883-8900 /Fax: (361) 883-6609 Email: heather debrarodriguez.com (work) US Legal Work: Rodriguez&Moretzsohn, PLLC, Corpus Christi,Texas (2010-present) Reina, Bates&Kowalski, P.C., Corpus Christi, Texas (2008-2010) Harris & Greenwell, L.L.P., Corpus Christi, Texas(2005-2008) International Japan-Nishi Law Firm,Tokyo (2001) Work: Brazil -American Consulate, US Department of State, Sao Paulo (1994) Japan-Japan Ministry of Education,AET/Coor. Int'1 Rel., Mie Ken (1991-1992) US Education: J.D. /M.A. - University of Hawaii, Manoa(Int'1 Law) (1999/2001) B.A. - George Washington University,Washington, D.C. (Int'l Rel/Econ.) (1991) International Japan - U.S. National Security Education Program(NSEP) (2000-2001) Scholarships: West Pacific Islands - American Association of University Women(AAUW) (1995-1996) Japan/West Pacific Islands - Fulbright Scholar, Fulbright Foundation(1992-1993) Austria- Rotary Ambassadorial Scholar, Int'l Rotary Foundation(1987-1988) Field(s)of Practice: -U.S. Immigration Law; International Law(Public and Private) Languages: -Spanish and Portuguese Background: -Born- Saipan, Commonwealth of the Northern Mariana Islands (CNMI) -Raised-Honolulu, Hawaii City of Corpus Christi 1201 Leopard Street / Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Tuesday,June 27,2023 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 11:32 a.m. B. Invocation to be given by Pastor Brian Hill, First Baptist Church. Pastor Brian Hill, 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 Bree Braselton, Fourth Grader at London Intermediate School. Bree Braselton, Fourth Grader at London Intermediate 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. Assistant City Secretary Stephanie Box 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. 23-1054 Impact Fee Study Update Director of Development Services Al Raymond provided an update on the Impact Fee Study as follows: brief history of how did we get here; master planning and impact fee study contract; Capital Improvement Advisory Committee (CIAC); master plan update; and CIAC meeting schedule. Council Members, City Manager Zanoni, and Director Raymond discussed the following topics: this trust fund was implemented in 1982 when the City was not building City of Corpus Christi Page 1 Printed on 711012023 City Council Meeting Minutes June 27,2023 infrastructure for new developments; trust funds for water and wastewater are funded through lot and acreage fees, surcharge fees and tap fees; the impact fees will be paid during building permit issuance; whether impact fees will have an effect on infill development; and a Council Member's concern with impact fees replacing the trust fund. 2. 23-1055 4th of July Preparations and Mayor's Big Bang Celebration Event City Manager Peter Zanoni announced the Mayor's 46th 4th of July Big Bang Celebration. The Coastal Comida Fest will be held on Saturday, July 1 at 12:00 p.m. at the Waters Edge Park. The Mayor's Fajita Cookoff will be held on Sunday, July 2 at Nueces Brewing. The Patriotic Ceremony will be held on Tuesday, July 4 at Sherill Veterans Memorial Park at 9:30 a.m. The Big Bang Food Truck Festival will be held on Tuesday, July 4 from 12:00 p.m. to 9:00 p.m. with live music, and fireworks to follow at 9:30 p.m. on the Bayfront. City Manager Zanoni reminded the public about firework safety and restrictions. 3. 23-1067 Staff Announcement: Heather Hurlbert, Assistant City Manager City Manager Peter Zanoni stated that he appointed Heather Hurlbert as an Assistant City Manager on June 20. Ms. Hurlbert has been with the City for over three years and served as the Director of Finance and Procurement. Ms. Hurlbert will oversee the Economic Development, Parks and Recreation, Airport, and Information Technology departments. F. PUBLIC COMMENT Mayor Guajardo opened public comment. Francisco Dao, 804 Elizabeth St., spoke about having public launches available for kiteboarding and spoke in opposition to a desalination plant. John Hendricks, 622 Texas Ave., spoke about neglect at the Bayview Cemetery. Shawn Flanagan, 4218 Herndon St., Adalberto Carrillo, Joan Carrillo, 4055 Killarmet Dr., Samuel Fryer, 2222 Cardinales Lane, Victoria Holland, 235 Ohio Ave., Colby Wiltse, 7929 Vishal Dr., and Christopher Jonker, 328 Foster Dr., spoke in opposition to an environmental and sustainability department. Melissa Zamora, 454 Louisiana Ave., spoke about water conservation for high volume water users. Ron Graban, 202 Surfside Blvd., spoke in support of the improvements at Surfside Park on North Beach. John Weber, 609 Naples St. and Eli McKay, 1008 Marguerite St., spoke about the City's lack of transparency. City of Corpus Christi Page 2 Printed on 711012023 City Council Meeting Minutes June 27,2023 Jack Gordy, 3913 Montego Dr., spoke about the federal and Texas highway beautification project and about signs in violation. Armon Alex, 1610 La Joya St., Maggie Peacock, 1773 Ennis Joslin, Taylor Thorpe, 1773 Ennis Joslin, and Patricia Jones, 4334 Saint George Dr., spoke in support of an environmental and sustainability department. Teresa Klein, 3501 Monterrey St., spoke about increasing hours at cooling centers. Barbie Baker, 6003 Lost Creek Dr., commended City Council and the police department for bringing in the police training center. D'Lynn Torres, 617 Lansdown Dr., spoke about the 17th annual Express Soccer Club held at McGee Beach on July 8 and 9 with over 175 teams. G. BOARD &COMMITTEE APPOINTMENTS: (NONE) H. EXPLANATION OF COUNCIL ACTION: I. BRIEFINGS: (ITEM 4) 4. 23-1048 Briefing on elements of the plan of finance for a convention center expansion and a convention center hotel. Mayor Guajardo referred to Item 4. Assistant City Manager Heather Hurlbert and Assistant Director of Aviation Elsy Borgstedte presented information on the following topics: convention center project scope; funding sources; funding categories; funding types and categories; actions to access funding sources; Type A repurposing; convention center complex; potential revenues; and project timeline. Council Members, City Manager Peter Zanoni, Assistant City Manager Hurlbert, Legal Counsel Clay Binford with McCall, Parkhurst and Horton, and Assistant Director Borgstedte discussed the following topics: a request for an overview of all industrial parks in the City; Type A funding cannot be used on residential streets; the City's goal is to put together funding sources for project specific developments; the TIRZ revenue over 30 years will be about $65 million; approximately $3 million has been produced by the convention center; staff will present a phasing plan to Council; taxpayers will not incur additional taxes; and a Council Member's desire that a five-star hotel be built for the convention center. J. CONSENT AGENDA: (ITEMS 5 - 26) City of Corpus Christi Page 3 Printed on 711012023 City Council Meeting Minutes June 27,2023 Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. Council Members pulled Items 13, 16, 17 and 24 for individual consideration. Council Member Hernandez moved to approve the consent agenda with the exception of Items 13, 16, 17 and 24, seconded by Council Member Hunter. 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. 23-1032 Approval of the June 13, 2023 Regular Meeting Minutes The Minutes were approved on the consent agenda. Consent-Second Reading Ordinances 6. 23-0825 Ordinance authorizing an amendment in the amount of$79,923.00 to the Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement with Cypress Point Capital, LLC, to fully fund the construction of a required water arterial transmission grid main line for the proposed residential development located South of Farm Road 2444 on County Road 43, otherwise known as Caroline's Heights Unit 1; appropriating $79,923.00 from the Water Arterial Transmission & Grid Main Trust Fund to reimburse the developer in accordance with the agreement. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033072 7. 23-0902 Ordinance authorizing acceptance and future amendments of STI/HIV Prevention Services Grant for$269,815.00 from the Texas Department of State Health Services (DSHS); and appropriating $269,815.00 in the Health Grant Fund to provide STI/HIV prevention and control services for the period of September 1, 2023, through August 31, 2024. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033075 8. 23-0625 Ordinance rejecting the low bid of Iconx Operating LLC as non-responsive and non-responsible and awarding a construction contract to the second low bidder, Northstar Elite Construction & Consulting, LLC, Spring Branch, TX, for the West Guth Park improvements project in an amount of$1,656,379.39 located in Council District 1, with FY 2023 funding available from the Bond 2020 City of Corpus Christi Page 4 Printed on 711012023 City Council Meeting Minutes June 27,2023 Proposition B Funds. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033076 9. 23-0838 Ordinance amending Section 5-38 of the City Code to allow for a consolidated permit for short-term rental units within multifamily buildings with a sole operator; Providing for a penalty not to exceed $500 and publication. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033077 Consent- Contracts and Procurement 10. 23-0818 Motion authorizing a one-year service agreement, with two one-year options, with United Service Associates, LLC., of San Antonio, Texas, for custodial services for the Corpus Christi Police Department in an amount not to exceed $93,143.76 and a potential total amount not to exceed $279,431.28 if both one-year options are exercised, with FY 2023 funding of$23,285.94 from the General Fund. This Motion was passed on the consent agenda. Enactment No: M2023-087 11. 23-0922 Motion authorizing a three-year service agreement with C & S Plating and Bumper Recycling Inc., dba C&S Truck and Van Equipment, of Corpus Christi, Texas, for emergency equipment installation and repairs for Corpus Christi Police Department police vehicles in an amount not to exceed $295,500.00, with FY 2023 funding of$24,625.00 from the General Fund. This Motion was passed on the consent agenda. Enactment No: M2023-088 12. 23-0960 Motion authorizing a one-year service agreement with DigitalMarkets, Inc., dba Vista Com, of Houston, through the HGAC Cooperative, as part of the P25 upgrade to the Public Safety Radio System in an amount not to exceed $199,250, of which the City will pay $149,437.50 based on 75% ownership, Nueces County will pay $37,857.50 based on 19% ownership, and the Regional Transportation Authority (RTA) will pay $11,955.00 based on 6% ownership per the Interlocal Cooperation Agreement for the Radio System P25 upgrade, with FY 2023 funding from Bond 2018. This Motion was passed on the consent agenda. Enactment No: M2023-089 13. 23-0987 Motion authorizing the purchase of IT equipment from Great South Texas Corp., dba Computer Solutions of San Antonio, in the amount of$116,127.59 through City of Corpus Christi Page 5 Printed on 711012023 City Council Meeting Minutes June 27,2023 the DIR Cooperative, to complete the Police Training Academy, with FY 2023 funding from 2022 Facility Certificates of Obligation Fund. Mayor Guajardo referred to Item 13. A Council Member and City Manager Peter Zanoni discussed the following topic: a request to ensure that Information Technology equipment is factored into the budget process. Council Member Pusley moved to approve the motion, seconded by Council Member Barrera. This Motion was passed and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 Enactment No: M2023-090 14. 23-1015 Motion authorizing the execution of a purchase agreement for audio and video electronics with The Personal Computer Store, Inc., dba Avinext of College Station, in an amount of$730,295.23 through the TIPS Cooperative, to install the audio-visual equipment required in the new Police Training Academy, with FY 2023 funding from 2022 Facility Certificates of Obligation Fund. This Motion was passed on the consent agenda. Enactment No: M2023-091 15. 23-0543 Motion authorizing execution of a one-year service agreement with Wixted, Inc., of West Des Moines, Iowa, in an amount not to exceed $118,000.00 for strategic communication support for Corpus Christi Water, with FY 2023 funding of $49,167.00 from the Water Fund. This Motion was passed on the consent agenda. Enactment No: M2023-092 16. 23-0704 Resolution authorizing a one-year service agreement with the Nueces River Authority of Uvalde, Texas, for an amount not to exceed $61,125.23 to provide water conservation education to approximately 4,021 students in local school districts, with FY 2023 funding of$6,261.16 from the Water Fund. Mayor Guajardo referred to Item 16. Council Members and Chief Operating Officer for Corpus Christi Water Michael Murphy discussed the following topics: a Council Member's concern that this water conservation program is funded through the water fund; and this program is part of the water conservation plan. Council Member Klein made a motion to approve the resolution, seconded by Council City of Corpus Christi Page 6 Printed on 711012023 City Council Meeting Minutes June 27,2023 Member Barrera. This Resolution was passed and approved with the following vote: Aye: 7- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Nay: 1 - Council Member Pusley Absent: 1 - Council Member Hunter Abstained: 0 Enactment No: 033078 17. 23-0950 Motion authorizing execution of a one-year supply agreement, with two one-year options, with Arnold Oil Company, of Corpus Christi, for an amount not to exceed $125,000.00 and a potential amount up to $375,000.00 if options are exercised, for bulk oil to be utilized by Asset Management, with FY 2023 funding of $31,250.00 from the Fleet Maintenance Service Fund. Mayor Guajardo referred to Item 17. Council Members, Director of Asset Management Charles Mendoza, and Assistant Director of Finance and Procurement Josh Chronley discussed the following topics: a request that in the future, staff send out bids that can be equally shared with more than one vendor to save taxpayer dollars. Council Member Pusley moved to approve the motion, seconded by Council Member Hernandez. This Motion 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: M2023-093 18. 23-0962 Motion authorizing the purchase of epoxy coated pipe from Hajoca Corp, dba Moore Supply, of Ardmore, PA, with an office in Corpus Christi, for $239,339.10 to be utilized by Gas Operations, with FY 2023 funding from the Gas Fund. This Motion was passed on the consent agenda. Enactment No: M2023-094 19. 23-0967 Motion authorizing the purchase of gas meters from Wilnat Inc., dba, Koons Gas Measurement, of Tulsa, for $517,500.00 to be utilized by Gas Operations, with FY 2023 funding from the Gas Fund. This Motion was passed on the consent agenda. Enactment No: M2023-095 City of Corpus Christi Page 7 Printed on 711012023 City Council Meeting Minutes June 27,2023 20. 23-0973 Motion authorizing the purchase of one-inch insulated meter gas valves from AY McDonald Mfg. Co., of Dubuque, Iowa, for$121,600.00 to be utilized by Gas Operations, with FY 2023 funding from the Gas Fund. This Motion was passed on the consent agenda. Enactment No: M2023-096 General Consent Items 21. 23-0945 Resolution authorizing an Interlocal Agreement with the Texas Department of State Health Services (DSHS) for remote access to State vital records for a four-year period ending August 31, 2027. This Resolution was passed on the consent agenda. Enactment No: 033079 Consent-First Reading Ordinances 22. 23-0892 Ordinance ratifying acceptance of Public Health Infrastructure Grant (PHIG) for $3,186,443.00 from the Texas Department of State Health Services (DSHS); and appropriating $3,186,443.00 to make strategic investments to support hiring, retaining, and training the public health workforce, and to strengthen public health infrastructure and systems related to the workforce and foundational capabilities for the period of March 22, 2023, through November 30, 2027 This Ordinance was passed on first reading on the consent agenda. 23. 23-1036 Ordinance authorizing a Water Distribution Main Construction and Reimbursement Agreement up to $36,731.71 with Devonshire Custom Homes, Inc. to construct off-site water distribution main improvements for a planned residential development, Westwood Heights Unit 4, located on Sunny Dr, south of Leopard Street, and appropriating $36,731.71 from the Water Distribution Main Trust Fund to reimburse the Developer per the agreement (District 1). This Ordinance was passed on first reading on the consent agenda. 24. 23-0833 Ordinance abandoning and vacating a 20-foot wide portion of a 50-foot wide by 537 feet long utility easement out of Lots 1, 2, 3, 4, and 5, Block 2, Queens Landing Subdivision, located off of Compton Rd near Bentley Ct. Mayor Guajardo referred to Item 24. A Council Member, City Manager Peter Zanoni and Director of Development Services Al Raymond discussed the following topics: in response to a Council Member's concern that no regulations will be implemented on this property, staff stated that owners can add a 200 square foot structure without a permit. City of Corpus Christi Page 8 Printed on 711012023 City Council Meeting Minutes June 27,2023 Council Member Pusley moved to approve the ordinance, seconded by Council Member Roy. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Absent: 1 - Council Member Hunter Abstained: 0 25. 23-1049 One-reading ordinance abandoning, vacating, and closing a 0.26 acre (11,158 square feet) tract of public right-of-way located approximately 100 feet north of the intersection of Corona Drive and Flynn Parkway per the request of an adjoining property owner and payment of an amount equal to the appraised value of$8,500.00. This Ordinance was passed on emergency on the consent agenda. Enactment No: 033080 26. 23-1052 One reading ordinance authorizing the sale and conveyance of an approximately the .182-acre parcel of surplus land located at or near the intersection of Corona Drive and Flynn Parkway, as further described by provided metes and bounds and incorporated to Rajesh Panchal (owner of adjacent property) for the amount of$6,000.00. This Ordinance was passed on emergency on the consent agenda. Enactment No: 033081 K. LEGISLATIVE UPDATE: (ITEM 27) 27. 23-1031 88th Legislative Session Update by Snapper Carr with Focused Advocacy Mayor Guajardo referred to Item 27. Managing Partner and General Counsel Snapper Carr with Focused Advocacy presented information on the following topics: contract lobby team; Corpus Christi legislative delegation; special session(s); 88th regular session by the numbers; key bills that did not pass; HB 2127 preemption bill; land use bills; city finance bills; and bills vetoed by Governor Abbott. Council Members and Mr. Carr discussed the following topics: HB 1750 protects agricultural producers from city zoning and regulations that prohibit or restrict farming or ranching when there is no real threat to public safety. L. RECESS FOR LUNCH Mayor Guajardo recessed the Council meeting for lunch at 2:21 p.m. Mayor Guajardo reconvened the meeting at 3:05 p.m. City of Corpus Christi Page 9 Printed on 711012023 City Council Meeting Minutes June 27,2023 M. PUBLIC HEARINGS: (ITEMS 28 - 30) 28. 23-0999 Ordinance annexing approximately 10.817 acres of land into the territorial limits of the City of Corpus Christi and rezoning the annexed property at or near 2738 London Pirate Road (County Road 33) from the interim "FR" Farm Rural District to the "RS-6 Single-Family 6 District; providing for a penalty not to exceed $2,000 and publication. Mayor Guajardo referred to Item 28. Mayor Guajardo opened the public hearing. There were no comments from the Council or the public. Mayor Guajardo closed the public hearing. Council Member Barrera moved to approve the ordinance, seconded by Council Member Pusley. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Pusley, Council Member Suckley, Council Member Roy and Council Member Campos Nay: 1 - Council Member Klein Absent: 1 - Council Member Hunter Abstained: 0 29. 22-2110 Zoning Case No. 1122-01 Mustang Island Estates, LP, (District 4). Ordinance rezoning a property at or near 149 Mustang Island Estates Drive from the "RM-AT" Multifamily Apartment Tourist District to the "CN-1" Neighborhood Commercial District. Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommended approval). Mayor Guajardo referred to Item 29. Director of Development Services Al Raymond presented information on the following topics: zoning and land use; public notification; staff analysis and recommendation; and planning commission and staff recommend approval. A Council Member expressed his contentment for this development. Mayor Guajardo opened the public hearing. There were no comments from the public. Mayor Guajardo closed the public hearing. City of Corpus Christi Page 10 Printed on 711012023 City Council Meeting Minutes June 27,2023 Council Member Suckley moved to approve the ordinance, seconded by Council Member Klein. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Absent: 1 - Council Member Hunter Abstained: 0 30. 23-0730 Zoning Case No. 0423-01, Corpus Christi Party Hotel, LLC (District 1). Ordinance rezoning property at or near 910 Corn Products Road from the "CG-2" General Commercial District to the "CG-2/SP" General Commercial District with a Special Permit; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). Mayor Guajardo referred to Item 30. Director of Development Services Al Raymond presented information on the following topics: zoning and land use; public notification; staff analysis and recommendation; planning commission and staff recommend approval; and special permit conditions. Council Members, City Manager Peter Zanoni, and Director Raymond discussed the following topics: a Council Member voiced his satisfaction for this development; this property will not be considered Section 8 housing; and a Council Member's concern that Corn Products Road is in poor condition and needs repair once project is complete. Mayor Guajardo opened the public hearing. There were no comments from the public. Mayor Guajardo closed the public hearing. Council Member Roy moved to approve the ordinance, seconded by Council Member Campos. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 N. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 31 -44) 31. 23-1001 Resolution amending Financial Budgetary Policies adopted by Resolution 032810 and providing financial policy direction on preparation of the FY 2024 City of Corpus Christi Page 11 Printed on 711012023 City Council Meeting Minutes June 27,2023 operating and capital budgets Mayor Guajardo referred to Item 31. Director of Management and Budget Eddie Houlihan presented information on the following topics: changes to the financial policies; section 8-funding level from general fund; and section 22-state hotel occupancy tax and hotel. Council Members, City Manager Peter Zanoni, and Director Houlihan discussed the following topics: a Council Member's concern with using certificates of obligation to supplement expenditures on projects; and a Council Member's desire to keep funding that has been identified for maintenance of gulf beaches. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Pusley moved to approve the resolution, seconded by Council Member Suckley. This Resolution was passed 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 Enactment No: 033082 32. 23-0781 Motion authorizing execution of Amendment#1 to the professional services agreement with Talson Solutions, LLC, for$752,800.00, for a revised total not to exceed $781,000.00, to extend the term, incorporate minor edits, and include four co-sourced construction audits with one alternate, with FY 2023 funding of $257,600.00 from the Wastewater, TIRZ #2, Streets Bond 2018, and Public Safety Bond 2020 Capital Funds. Mayor Guajardo referred to Item 32. City Auditor George Holland introduced Talson Solutions, who are experts in providing construction auditing and professional services. Talson Solutions President Robert Bright and Director of Audit Services Kenneth Brzozowski presented information on the following topics: agenda; who we are; our experience; engagement scope; risk assessment; methodology; and audit plan. Council Members, City Auditor Holland, Assistant Director of Finance and Procurement Josh Chronley, Mr. Bright, and Mr. Brzozowski discussed the following topics: the City's City of Corpus Christi Page 12 Printed on 711012023 City Council Meeting Minutes June 27,2023 internal audit committee will suggest what will be audited by Talson; Talson was selected for being a construction audit firm, along with their experience with the City; the risk assessment has cost benefits associated; and the focal point of the audit will be contract compliance. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Hernandez moved to approve the motion, seconded by Council Member Pusley. 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: M2023-097 33. 23-1050 Resolution relating to establishing the City's intention to reimburse itself for the prior lawful expenditure of funds relating to any capital expenditures from the proceeds of one or more series of tax-exempt or taxable obligations to be issued by the City in an aggregate amount not to exceed $11,500,000 for authorized purposes; authorizing other matters incident and related thereto; and providing an effective date. Mayor Guajardo referred to Item 33. Mayor Guajardo opened public comment. There were no comments from the Council or the public. Mayor Guajardo closed public comment. Council Member Pusley moved to approve the resolution, seconded by Council Member Barrera. This Resolution was passed and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 Enactment No: 033083 34. 23-1017 One-reading ordinance awarding a construction contract to J. Carroll Weaver, Inc. of Sinton, Texas, in an amount of$13,925,017.67 for reconstruction of North Lexington Boulevard from Hopkins Road to Leopard Street with new asphalt City of Corpus Christi Page 13 Printed on 711012023 City Council Meeting Minutes June 27,2023 pavement, drainage and utilities improvements, located in Council District 1, amending the FY 2023 Capital Budget with FY 2023 funding available from the Street Bond 2018, storm water, water, gas, wastewater capital funds and funding from certificates of obligation. Mayor Guajardo referred to Item 34. Council Members, City Manager Peter Zanoni, and Director of Engineering Services Jeff Edmonds discussed the following topics: if this project is redesigned for concrete, it would extend project by a few months; the risk of getting this project redesigned could increase the cost due to inflation; and staff will present to Council the policy and the list of projects that are under design. Mayor Guajardo opened public comment. Lamont Taylor stated that Council should abide by their policy. Mayor Guajardo closed public comment. Council Member Roy moved to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on emergency and approved with the following vote: Aye: 5- Mayor Guajardo, Council Member Barrera, Council Member Hunter, Council Member Suckley and Council Member Roy Nay: 3- Council Member Hernandez, Council Member Klein and Council Member Campos Abstained: 1 - Council Member Pusley Enactment No: 033084 35. 23-1018 One-reading ordinance awarding a construction contract to JE Construction Services LLC., Corpus Christi, Texas, in an amount of$29,385,295.00 for reconstruction of Everhart Road from South Padre Island Drive to South Alameda Street with new concrete pavement and Utilities improvements abandoning one Bond 2018 project and one Bond 2020 project and repurposing the funds for use on Everhart Road and amending the FY 2023 Capital Budget; located in Council District 2 with FY 2023 funding available from the Street Bond 2018, Street Bond 2020, Storm Water, Water, Gas, Wastewater capital funds and certificates of obligation. Mayor Guajardo referred to Item 35. Director of Engineering Services Jeff Edmonds stated that the concrete pavement alternative came in with a lower bid than asphalt. Staff recommends combining these three bond projects into one contract. A Council Member and Director Edmonds discussed the following topic: if this project is approved, a change order can be done if desired by Council. City of Corpus Christi Page 14 Printed on 711012023 City Council Meeting Minutes June 27,2023 Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Barrera made a motion to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on emergency 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: 033085 36. 23-1030 One-reading ordinance awarding a construction contract to Reytec Construction of Corpus Christi, Texas, in an amount of$8,113,565.00, for reconstruction of McArdle Road from Kostoryz Road to Carroll Lane with new concrete pavement, sidewalks, and utility improvements, amending the FY 2023 Capital Budget; located in Council Districts 2 and 3, with FY 2023 funding available from the Street Bond 2018, Storm Water, Wastewater, Water, Gas Capital Funds and Certificates of Obligation. Mayor Guajardo referred to Item 36. Mayor Guajardo opened public comment. There were no comments from the Council or the public. Mayor Guajardo closed public comment. Council Member Barrera made a motion to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on emergency 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: 033086 37. 23-0887 One-reading ordinance awarding a construction contract to Reytec Construction of Corpus Christi, Texas, in an amount of$15,407,700.21, for reconstruction of Alameda Street from Chamberlain Avenue to Louisiana Street and Alameda Street from Texan Trail to Chamberlain Street with new concrete paving, curb City of Corpus Christi Page 15 Printed on 711012023 City Council Meeting Minutes June 27,2023 and gutter, sidewalks, ADA compliant curb ramps, signage, pavement markings, and utility improvements, amending the FY 2023 Capital Budget; located in Council Districts 2 with FY 2023 funding available from the Street Bond 2018, Storm Water, Wastewater, Water and Gas funds and Certificates of Obligation. Mayor Guajardo referred to Item 37. Mayor Guajardo opened public comment. There were no comments from the Council or the public. Mayor Guajardo closed public comment. Council Member Campos moved to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on emergency 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: 033087 38. 23-0798 Resolution awarding a construction contract to Bay Ltd. of Corpus Christi for the construction of Rodd Field Road from Yorktown Boulevard to Adler Drive with new asphalt pavement, multi-use shared path, roadside ditches, ADA compliant curb ramps, traffic signal improvements, signage, pavement markings, street lighting and utility improvements in an amount of$5,199,500.00, located in Council District 5 with FY 2023 funding available from the Bond 2020 Proposition A, Storm Water, Wastewater, Water Capital Funds and Gas. Mayor Guajardo referred to Item 38. Director of Engineering Services Jeff Edmonds stated that this project was bid with asphalt pavement and it complies with the street policy. Council Members, City Manager Peter Zanoni, Assistant City Manager Neiman Young, and Director Edmonds discussed the following topics: a Council Member's concern that this will be a temporary road with no curb and gutter, but that storm water will be installed; this project was designed and bid asphalt only; TxDOT recommends hot mix only; once construction on Rodd Field Road is complete, the sooner roadwork can begin on Yorktown Boulevard with design to be completed in August or September; and a change order can be done if desired by Council. Mayor Guajardo opened public comment. There were no comments from the public. City of Corpus Christi Page 16 Printed on 711012023 City Council Meeting Minutes June 27,2023 Mayor Guajardo closed public comment. Council Member Hernandez moved to approve the resolution, seconded by Council Member Hunter. This Resolution was passed and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 Enactment No: 033088 39. 23-1019 Motion awarding eight Master Services Agreements for various Professional Architectural Services in an aggregate not-to-exceed amount of$ 7,300,000.00, projects located Citywide, with FY 2023 funding available from the Capital Program, Bond Program Funds and operating budgets. Mayor Guajardo referred to Item 39. Mayor Guajardo opened public comment. There were no comments from the Council or the public. Mayor Guajardo closed public comment. Council Member Barrera moved to approve the motion, seconded by Council Member Campos. 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: M2023-098 40. 23-1042 Resolution authorizing the negotiation and execution of 12 professional services contracts for Architectural Services in an amount not-to-exceed $6,765,000.00 with the architectural consultants who submitted Statements of Qualifications for the Bond 2022 and FY 2023 Parks and Facilities projects located Citywide, with funding available from the Bond 2022 and FY 2023 Capital Improvement Program Fund. Mayor Guajardo referred to Item 40. Mayor Guajardo opened public comment. There were no comments from the Council or the public. City of Corpus Christi Page 17 Printed on 711012023 City Council Meeting Minutes June 27,2023 Mayor Guajardo closed public comment. Council Member Pusley moved to approve the resolution, seconded by Council Member Campos. 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: 033089 41. 23-1014 Motion authorizing Amendment No. 5 to a professional services contract with Halff Associates Inc, Corpus Christi, Texas, in an amount of$1,200,000, for a total contract value not to exceed $1,550,817.00 to finalize park design plans for areas surrounding the new Harbor Bridge including the former Washington Elementary School site, TC Ayers Park, Ben Garza Park, and Dr. HJ Williams Memorial Park (Hillcrest Park), located in Council District 1 with FY 2023 funding available from Bond 2014 Fund. Mayor Guajardo referred to Item 41. Council Members, City Manager Peter Zanoni, and Assistant City Manager Neiman Young discussed the following topics: this is a good news story for the Hillcrest and Washington Coles community in that this project will revitalize the area; a splash pad is included in these improvements; staff will address the recreation center; and to ensure that the City is complying with the area development plan. Lamont Taylor, a founding member of the Hillcrest Residents Association, stated that the residents in the Hillcrest neighborhood have discussed their desires with City staff. Young stated he is meeting with the Association this week to review plans. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Mayor Guajardo moved 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: M2023-099 City of Corpus Christi Page 18 Printed on 711012023 City Council Meeting Minutes June 27,2023 42. 23-0261 Motion authorizing a professional services contract with RVK Architecture, San Antonio, Texas, for the design of a new Corpus Christi Water Utilities Building Warehouse located in Council District 3, in an amount not to exceed $609,187.00, with FY 2023 funding available from Water Capital Fund. Mayor Guajardo referred to Item 42. A Council Member and Director of Engineering Services Jeff Edmonds discussed the following topics: this warehouse is approximately 40,000 square feet; and the cost would be about $250 to $300 per square foot. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Pusley moved to approve the motion, seconded by Council Member Campos. 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: M2023-100 43. 23-0775 Motion authorizing execution of a six-month service agreement with LA Stone, L.L.C. of Fort Lauderdale, Florida, for$266,000.00 to provide a Master Plan for the Corpus Christi Municipal Marina, with FY 2023 funding of$266,000 from the Parks CIP and Seawall CIP Funds. Mayor Guajardo referred to Item 43. A Council Member requested that this master plan is designed with reasonable financial expectations. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Mayor Guajardo moved to approve the motion, seconded by Council Member Hunter. This Motion was passed and approved with the following vote: City of Corpus Christi Page 19 Printed on 711012023 City Council Meeting Minutes June 27,2023 Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 Enactment No: M2023-101 44. 23-0921 One-reading ordinance awarding a construction contract to Callan Marine Ltd. of Galveston, Texas, in an amount of$19,385,864.00 to demolish and replace piers A,B,C,D,L at the Corpus Christi Marina and to dredge the Marina basin in the vicinity of the docks and to construct new concrete floating docks A, B, C, D, L at the Marina which is located in Council District 1 with funding available from Marina Capital and Seawall Capital Improvement Fund; appropriating $2,400,000.00 from the Seawall unreserved fund balance to the Seawall Capital Improvement Fund; and amending the FY 2023 Operating & Capital Improvement Budget. Mayor Guajardo referred to Item 44. Council Members and Marina Manager Jonathan Atwood discussed the following topics: docks A, B, C and D are wood structure floating docks; all docks will be upgraded to floating docks with concrete structure; and floating docks are more durable than fixed docks with an expected lifespan of 40-50 years. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Roy moved to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on emergency 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: 033090 O. EXECUTIVE SESSION: (ITEM 45) 45. 23-1043 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 personnel matters and the City Manager and Texas Government Code § 551.074 (personnel matters) to City of Corpus Christi Page 20 Printed on 711012023 City Council Meeting Minutes June 27,2023 deliberate the appointment, employment, evaluation, reassignment, duties, or discipline of a public officer or employee (including, but not limited to, the City Manager). This E-Session Item was withdrawn. P. ADJOURNMENT There being no further business, Mayor Guajardo adjourned this meeting at 5:51 p.m. City of Corpus Christi Page 21 Printed on 711012023 so �o o� A H AGENDA MEMORANDUM WoRPORPg4 First Reading for the City Council Meeting of June 27, 2023 1852 Second Reading for the City Council Meeting of July 18, 2023 DATE: June 27, 2023 TO: Peter Zanoni, City Manager FROM: Dr. Fauzia Khan, Director of Public Health FauziaK(o-)-cctexas.com 361-826-7202 Acceptance of the City of Corpus Christi Public Health Infrastructure Grant in the amount of$3,186,443.00 and appropriation of the funds from upon contract execution through November 30, 2027 CAPTION: Ordinance ratifying acceptance of Public Health Infrastructure Grant (PHIL) for $3,186,443.00 from the Texas Department of State Health Services (DSHS); and appropriating $3,186,443.00 to make strategic investments to support hiring, retaining, and training the public health workforce, and to strengthen public health infrastructure and systems related to the workforce and foundational capabilities for the period of March 22, 2023, through November 30, 2027. SUMMARY: The purpose of this contract is to make strategic investments to support hiring, retaining, and training the public health workforce, and to strengthen public health infrastructure and systems related to the workforce and foundational capabilities in alignment with the Strengthening the U.S. Public Health Infrastructure, Workforce, and Data Systems program from the Centers for Disease Control and Prevention (CDC). BACKGROUND AND FINDINGS: This new grant will start upon contract execution and go through November 30, 2027. All funding will be provided by DSHS with a total budget amount of 3,186,443.00, with the following allocations: • $2,142,445.00 for Salary & Fringe • $1,036,691.00 for Other (staff retention and sustainment plan) • $7,307 for Equipment (Fitness equipment to promote Health and Wellness) These funds will be utilized to hire personnel to supplement staffing across departments within the Public Health District and increase employee retention rates. Listed below are the preliminary personnel positions to be funded pending Council approval: • Epidemiology/GIS Specialist • Public Information Officer/Marketing Manager • Grant Coordinator/Writer • Financial/Budget Analyst • Public Health Emergency Preparedness Planner • Microbiologist I • Nutritionist This grant will create new positions, which are subject to change, allowing the Corpus Christ- Nueces County Public Health District to serve the people of Nueces County. ALTERNATIVES: Refuse the execution of the grant contract and lose additional funding to be utilized for strengthening the public health infrastructure and workforce. FISCAL IMPACT: There is no fiscal impact. The grant requires no match. All positions are 100% grant funded. FUNDING DETAIL: Fund: 1066 Health Grants paid by Department of State Health Services Organization/Activity: 831567F Mission Element: 15 Heath Grants Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Contract No. HHS001310000001 Ordinance Ordinance ratifying acceptance of Public Health Infrastructure Grant (PHIG) for $3,186,443.00 from the Texas Department of State Health Services (DSHS); and appropriating $3,186,443.00 to make strategic investments to support hiring, retaining, and training the public health workforce, and to strengthen public health infrastructure and systems related to the workforce and foundational capabilities for the period of March 22, 2023, through November 30, 2027. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council ratifies execution of grant contract no. HHS001310000001 (the "Contract") for the Public Health Infrastructure Grant (PHIG) with the Department of State Health Services ("DSHS") for a grant in the amount of $3,186,443.00 for the period March 22, 2023, through November 30, 2027, to make strategic investments to support hiring, retaining, and training the public health workforce, and to strengthen public health infrastructure and systems related to the workforce and foundational capabilities. SECTION 2. Funds in the amount of $3,186,443.00 are appropriated from the grant to the Health Grants Fund No. 1066 to be used to make strategic investments to support hiring, retaining, and training the public health workforce, and to strengthen public health infrastructure and systems related to the workforce and foundational capabilities. SECTION 3. The City Manager or designee is authorized to execute any future amendments to the Contract which extend the contract period or increase or decrease the amount of the grant. SECTION 4. A copy of the executed health grant contract and amendments shall be filed in the office of the City Secretary. 1 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 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 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 S TEAS Health and Human Texas Department of State Health Services �b Services Jennifer A.Shuford,M.D.,M.P.H. Commissioner Dr. Fauzia Khan, MBBS, MPH, CPM Corpus Christi-Nueces County Public Health District (City) 1702 Horne Road Corpus Christi, Texas 78416 Subject: Grant: Public Health Infrastructure Grant Program ID: CPS/PHIG Contract Number: HHS001310000001 Contract Amount: $3,186,443.00 Contract Term: Upon Execution through November 30, 2027 Dear Dr. Khan: Enclosed is the Public Health Infrastructure, Workforce, and Data Systems contract between the Department of State Health Services and Corpus Christi-Nueces County Public Health District (City). The purpose of this contract is to make strategic investments to support hiring, retaining, supporting, and training the public health workforce and strengthening public health infrastructure and systems related to the workforce and foundational capabilities in alignment with the Strengthening U.S. Public Health Infrastructure, Workforce, and Data Systems program (Funding Opportunity Number CDC RFA OE22-2203) from the Centers for Disease Control and Prevention (CDC). Please let me know if you have any questions or need additional information. Sincerely, Kristiana Flores, CTCM Contract Manager 512-776-6538 Kristiana.Flores@dshs.texas.gov P.O. Box 149347•Austin,Texas 78714-9347• Phone:888-963-7111 • TTY:800-735-2989 • dshs.texas.gov DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 SIGNATURE DOCUMENT FOR THE DEPARTMENT OF STATE HEALTH SERVICES GRANT AGREEMENT, CONTRACT No.HHS001310000001 UNDER THE CENTER FOR HEALTH EMERGENCY PREPAREDNESS&RESPONSE (CHEPR)GRANT PROGRAM The parties to this agreement ("Grant Agreement" or "Contract") are the Department of State Health Services ("System Agency") and Corpus Christi-Nueces County Public Health District (City) ("Grantee"), having its principal office at 1702 Horne Road, Corpus Christi, Texas 78416 (each a"Party" and collectively the "Parties"). 1. PURPOSE The purpose of this Grant Agreement is to make strategic investments to support hiring, retaining, and training the public health workforce, and to strengthen public health infrastructure and systems related to the workforce and foundational capabilities in alignment with the Strengthening U.S. Public Health Infrastructure, Workforce, and Data Systems (Funding Opportunity Number CDC RFA OE22-2203)program from the Centers for Disease Control and Prevention (CDC). II. LEGAL AUTHORITY This Grant Agreement is entered into pursuant to Texas Health and Safety Code: Title 2 Chapter 12 (section 12.011) and Chapter 81 (section 81.005); Title 12 Chapter 1001 (section 1001.071), and Texas Government Code: Title 4 Chapter 531 and Chapter 418 Subchapter C (section 418.043); Title 7 Chapter 791. 111. DURATION This Grant Agreement is effective on the signature date of the latter of the Parties to sign this agreement and expires on November 30, 2027, unless sooner terminated. This Grant Agreement does not include renewals. IV. STATEMENT OF WORK The Statement of Work to which Grantee is bound is included as Attachment A and is incorporated into and made a part of this Grant Agreement for all purposes. V. BUDGET AND INDIRECT COST RATE The total amount of this Grant Agreement will not exceed $3,186,443.00. Grantee is not required to provide matching funds. The total not-to-exceed amount includes the following: Total Federal Funds: $3,186,443.00 Total State Funds: $0.00 All expenditures under the Grant Agreement will be in accordance with ATTACHMENT B, BUDGET. System Agency Grant Agreement,Contract HHS001310000001 Page 1 of 5 11115 Signature Document-Grantee v 3.1 Effective:August 2022 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 If the System Agency approves or acknowledges an updated indirect cost rate, the Grant Agreement will be amended to incorporate the new rate (and the new indirect cost rate letter, if applicable) and the budget revised accordingly. Vl. REPORTING REQUIREMENTS Grantee shall submit all required reports in accordance with Articles III and IV of the Statement of Work. VII. CONTRACT REPRESENTATIVES The following will act as the representative authorized to administer activities under this Grant Agreement on behalf of their respective Party. System A2ency Grantee Kristiana Flores Denzel Otokunrin Department of State Health Services Corpus Christi-Nueces County Public 1100 W. 49th Street, MCI 990 Health District(City) Austin, Texas 78756 1702 Horne Road Kristiana.Flores(2dshs.texas.gov Corpus Christi, Texas 78416 denzel2cctexas.com VIII. NOTICE REQUIREMENTS A. All notices given by Grantee shall be in writing, include the Grant Agreement contract number, comply with all terms and conditions of the Grant Agreement, and be delivered to the System Agency's Contract Representative identified above. B. Grantee shall send legal notices to System Agency at the address below and provide a copy to the System Agency's Contract Representative: Health and Human Services Commission Attn: Office of Chief Counsel 4601 W. Guadalupe, Mail Code 1100 Austin, Texas 78751 with a copy to: Department of State Health Services Attention: General Counsel 1100 W. 49th Street, Mail Code 1919 Austin, TX 78756 System Agency Grant Agreement,Contract HHS001310000001 Page 2 of 5 11115 Signature Document-Grantee v 3.1 Effective:August 2022 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 C. Notices given by System Agency to Grantee may be emailed, mailed or sent by common carrier. Email notices shall be deemed delivered when sent by System Agency. Notices sent by mail shall be deemed delivered when deposited by the System Agency in the United States mail, postage paid, certified, return receipt requested. Notices sent by common carrier shall be deemed delivered when deposited by the System Agency with a common carrier, overnight, signature required. D. Notices given by Grantee to System Agency shall be deemed delivered when received by System Agency. E. Either Party may change its Contract Representative or Legal Notice contact by providing written notice to the other Party. IX. FEDERAL AWARD INFORMATION GRANTEE'S UNIQUE ENTITY IDENTIFIER:XETBTPKCL895 Federal funding under this Grant Agreement is a subaward under the following federal award. Federal Award Identification Number (FAIN): NEI IOE000001 A. Assistance Listings Title, Number, and Dollar Amount: CDC's Collaboration with Academia to Strengthen Public Health—93.967 -$146,769,640.00 B. Federal Award Date: 11/29/2022 C. Federal Award Period: 12/1/2022-11/30/2023 D. Name of Federal Awarding Agency: Centers for Disease Control and Prevention E. Federal Award Project Description: Strengthening Public Health Infrastructure, Workforce and Data Systems F. Awarding Official Contact Information: Lakita Reid G. Total Amount of Federal Funds Awarded to System Agency: $146,769,640.00 H. Amount of Funds Awarded to Grantee: $3,186,443.00 L Identification of Whether the Award is for Research and Development: No X. CONTRACT DOCUMENTS The following documents are incorporated by reference and made a part of this Grant Agreement for all purposes. Unless expressly stated otherwise in this Grant Agreement, in the event of conflict, ambiguity or inconsistency between or among any documents, all System Agency documents take precedence over Grantee's documents and the Data Use Agreement takes precedence over all other contract documents. System Agency Grant Agreement,Contract HHS001310000001 Page 3 of 5 11115 Signature Document-Grantee v 3.1 Effective:August 2022 DocuSign Envelope ID:996C07F9-E3DD-4EA2-85EO-AFOD602E8F56 ATTACHMENT A—STATEMENT OF WORK ATTACHMENT B—BUDGET ATTACHMENT C—CONTRACT AFFIRMATIONS-V2.2 ATTACHMENT D—UNIFORM TERMS AND CONDITIONS—GRANT-V.3.2 ATTACHMENT E—DATA USE AGREEMENT-TACCHO VERSION ATTACHMENT F—FEDERAL ASSURANCES-V1.1 ATTACHMENT G—CERTIFICATION REGARDING LOBBYING ATTACHMENT H—FFATA CERTIFICATION FORM XL SIGNATURE AUTHORITY Each Party represents and warrants that the person executing this Grant Agreement on its behalf has full power and authority to enter into this Grant Agreement. Any services or work performed by Grantee before this Grant Agreement is effective or after it ceases to be effective are performed at the sole risk of Grantee. SIGNATURE PAGE FOLLOWS System Agency Grant Agreement,Contract HHS001310000001 Page 4 of 5 11115 Signature Document-Grantee v 3.1 Effective:August 2022 DocuSign Envelope ID:996C07F9-E3DD-4EA2-85EO-AFOD602E8F56 SIGNATURE PAGE FOR SYSTEM EXIGENCY GRANT AGREEMENT, CONTRACT No.HHS001310000001 DEPARTMENT OF STATE HEALTH CORPUS CHRISTI-NUECES COUNTY SERVICES PUBLIC HEALTH DISTRICT(CITY) DocuSigned by: Qwtft"2ED425 ocuSigned by: Kirk Cole ia ULNA, Q�3ti�F59048D... ... Printed Name Kirk Cole Printed Name:Fauzia Khan Title: Deputy Commissioner Title: Public Health Director Date of Execution:March 23,2023 March 22,2023 Date of Execution: System Agency Grant Agreement,Contract HHS001310000001 Page 5 of 5 11115 Signature Document-Grantee v 3.1 Effective:August 2022 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 ATTACHMENT A STATEMENT OF WORK Strengthening U.S. Public Health Infrastructure,Workforce, and Data Systems I. GRANTEE RESPONSIBILITIES Grantee shall: A. Make strategic investments to support hiring, retaining, and training the public health workforce and strengthen public health infrastructure and systems related to the workforce and foundational capabilities in alignment with the Strengthening U.S. Public Health Infrastructure, Workforce, and Data Systems (Funding Opportunity Number CDC RFA OE22-2203) from the Centers for Disease Control and Prevention (CDC). B. Complete all activities required and allowable under this Contract by November 30, 2027 and complete all reports by the due dates listed in Article III. C. Perform required activities intended to help meet critical infrastructure needs and make possible strategic investments that will have lasting effects on public health agencies. Recipients should prioritize recruiting and hiring staff who are from the communities and populations served. Recipients should demonstrate a commitment to diversity, health disparities, inclusion, and accessibility in their workforce recruitment and selection processes, communication, and outcomes. Required activities include: 1. Recruit and hire new public health personnel (professional, clinical, disease investigation, program and/or administrative); expand recruitment efforts; create new positions, improve hiring incentives; and create new hiring mechanisms. Personnel may be permanent full or part-time staff, temporary or term-limited staff, fellows, interns and/or contracted employees. 2. Retain public health staff, strengthen retention incentives, and create promotional opportunities (e.g., career ladders, succession planning). 3. Support and sustain the public health workforce and strengthen workplace well-being programs and expand engagement with the workforce to address their mental, emotional, and physical well-being. 4. Train new and existing public health infrastructure grant staff and improve the quality and scope of training and professional development opportunities for staff. 5. Strengthen workforce planning, systems,processes, and policies; maintain and upgrade human resource systems; identify ways to better collect and use workforce data; and identify policies that could facilitate more efficient and effective workplace development and management. 6. Strengthen support for implementation of this grant. D. Agree that funds cannot be used for research, medical or clinical supplies, fund-raising activities, construction or major renovations, to supplant existing state or federal funds for activities, to purchase vehicles of any kind(including mobile medical clinics), or to fund an award to another party or provider who is ineligible. Any furniture/cubicle or uniform/scrub purchases will require PRIOR approval by System Agency. Funds cannot be used for the preparation, distribution, or use of any material (publicity or propaganda) intended to influence the enactment or modification of any federal or state legislation or to pay the salary or expenses of grant recipients, contract recipients, or agents that aim to support or defeat the enactment of legislation, regulation, administrative action, or any Page 1 of 4 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 ATTACHMENT A STATEMENT OF WORK Strengthening U.S. Public Health Infrastructure,Workforce, and Data Systems executive order proposed or pending before a legislative body beyond normal, recognized executive relationships. E. Comply with all applicable regulations, standards, and guidelines in effect on the beginning date of this Contract and as may be amended throughout the Grant Agreement term. F. Maintain an inventory of equipment, supplies defined as controlled assets, and real property that were purchased with grant funds. Grantee shall submit an annual cumulative report of the equipment, controlled assets and other property on HHS System Agency Grantee's Property Inventory Report form to the assigned System Agency Contract Manager by email not later than October 15 of each year. Controlled assets include firearms, regardless of the acquisition cost, and the following assets with an acquisition cost of$500 or more, but less than $5,000: desktop and laptop computers (including notebooks, tablets and similar devices), non-portable printers and copiers, emergency management equipment, communication devices and systems, medical and laboratory equipment, and media equipment. Controlled assets are considered supplies. Equipment includes tangible nonexpendable personal property with an acquisition cost of$5,000 or more and a useful life of more than one year. G. For budget transfers, submit a revised Categorical Budget Form to the System Agency Contract Manager, highlighting the areas affected. Transferring funds between budget categories, other than the equipment and indirect cost categories, is allowable, but requires prior approval by System Agency and cannot exceed 25% of the total annual Contract value for each period ending on November 30. If the budget transfer(s) exceeds 25% of the total annual Contract value for a Contract period ending on November 30, alone or cumulatively, a Contract amendment is required. After review, the System Agency Contract Manager shall provide notification of acceptance or disallowance to Grantee via email. If approved, the revised budget shall be deemed incorporated into the Contract. IL PERFORMANCE MEASURES System Agency will monitor the Grantee's performance of the requirements in this Statement of Work and compliance with the Contract's terms and conditions. System Agency will develop performance measures in collaboration with the Grantee. III. REPORTING REQUIREMENTS A. Grantee shall be required to submit the reports detailed below, together with any additional reports requested by System Agency as necessary to accomplish the objectives of and monitor compliance with this Contract. Grantee must submit reports in a format specified by the System Agency. B. Grantee will provide and submit written reports, by electronic mail, in the format specified Page 2 of 4 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 ATTACHMENT A STATEMENT OF WORK Strengthening U.S. Public Health Infrastructure,Workforce, and Data Systems by System Agency. Grantee shall maintain the source documentation used to develop the reports. All written reports should be titled with the Grantee name, address, email address, telephone number, program name, contract or purchase order number, dates services were completed and/or products were delivered, the time period of the report, total invoice amount, and invoices paid to subgrantees for services received. Submit local health entity Strengthening U.S. Public Health Infrastructure, Workforce, and Data Systems progress reports and spend plans within the established timeframe designated by the System Agency, using the template provided by System Agency. Progress reports must include status updates on program activities and reporting progress through financial reports. Failure to submit a required report or additional requested information by the due dates provided by System Agency or upon request constitutes breach of contract and may result in delay of payment or cancellation of the Grant Agreement. Reports should be sent electronically to DSHSPHInfrastructureCo-Aggdshs.texas.com and the assigned Contract Manager. Report Frequency Due Date Program and Financial Twice per calendar year June 10 and December 10 Progress Reports Final Performance Report End of Contract January 15, 2028 Invoices/Requests for Once per month The last business day of the month Reimbursement following the month in which expenses were incurred Grantee's Property Once per year October 15 annually through 2027 Inventory Report C. Submit the final performance report listed above that describes progress toward achieving the objectives and deliverables contained in this Contract to DSHSPHInfrastructureCo- Aggdshs.texas.com and the assigned Contract Manager by January 15, 2028 (45 days after end of Contract period), using the template provided by System Agency. IV. INVOICE AND PAYMENT A. Grantee shall submit requests for reimbursement of required services/deliverables monthly using the State of Texas Purchase Voucher (Form B-13), together with supporting documentation as directed by System Agency. Forms should be mailed,faxed or e-mailed to the addresses below. Invoices will be due the last business day of the month following the month in which expenses were incurred. B. Grantee shall submit a Financial Status Report(FSR)twice per calendar year for the term of the Contract, beginning on the effective date of the Contract through November 30, 2027. Page 3 of 4 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 ATTACHMENT A STATEMENT OF WORK Strengthening U.S. Public Health Infrastructure,Workforce, and Data Systems Contract FSR Period 1 FSR Period 2 FSR 1 Due FSR 2 Due Year Dates Dates 1 Effective Date - May June 30 2023 June 1, 2023 - December 30, 31, 2023 November 30, 2023 2023 2 December 1, 2023 - June 30 2024 June 1, 2024 - December 30, May 31, 2024 November 30, 2024 2024 3 December 1, 2024 - June 30 2025 June 1, 2025 - December 30, May 31, 2025 November 30, 2025 2025 4 December 1, 2025 - June 30 2026 June 1, 2026 - December 30, May 31, 2026 November 30, 2026 2026 5 December 1, 2026 - June 30 2027 June 1, 2027 - January 15, May 31, 2027 November 30, 2027 2028 All reporting documents must be submitted by e-mail, fax, or mail. E-mail is preferred,but fax or mail is acceptable. 1. For submission by mail, use address below: Department of State Health Services Claims Processing Unit, MC 1940 P.O. Box 149347 Austin, TX 78714-9347 2. For submission by fax, use number below: (512)458-7442 3. For submission by e-mail, see requirements below: a. Form B-13 with supporting documentation and Form B-13A must be sent to invoi cesgdshs.texas.gov & CM Slnvoi cesgdshs.texas.gov, with a copy to the System Agency contract manager. b. FSR must be sent to: invoicesgdshs.texas.gov; FSRGrantsgdshs.texas.gov; and with a copy to the System Agency contract manager. C. Grantee will be reimbursed monthly in accordance with Attachment B, Budget, subject to all Contract requirements, applicable law and governing regulations. Grantee shall include required and appropriate documentation with all reimbursement requests. Page 4 of 4 DocuSign Envelope ID:996C07F9-E3DD-4EA2-85EO-AFOD602E8F56 ATTACHMENT B BUDGET System System System System System Budget Agency Agency Agency Agency Agency Summary Categories Funding Funding Funding Funding Funding Year 1 Year 2 Year 3 Year 4 Year 5 Personnel $306,000.00 $306,000.00 $306,000.00 $306,000.00 $306,000.00 $1,530,000.00 Fringe $122,477.00 $122,492.00 $122,492.00 $122,492.00 $122,492.00 $612,445.00 Benefits Travel $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Equipment $0.00 $7,307.00 $0.00 $0.00 $0.00 $7,307.00 Supplies $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Contractual $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Other $208,810.00 $201,490.00 $208,797.00 $208,797.00 $208,797.00 $1,036,691.00 Total Direct $637,287.00 $637,289.00 $637,289.00 $637,289.00 $637,289.00 $3,186,443.00 Costs Indirect Costs $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Sum of Direct and $637,287.00 $637,289.00 $637,289.00 $637,289.00 $637,289.00 $3,186,443.00 Indirect Costs DocuSign Envelope ID:996C07F9-E3DD-4EA2-85EO-AFOD602E8F56 HEALTH AND HUMAN SERVICES Contract Number HHS001310000001 Attachment C CONTRACT AFFIRMATIONS For purposes of these Contract Affirmations, HHS includes both the Health and Human Services Commission (HHSC) and the Department of State Health Services (DSHS). System Agency refers to HHSC, DSHS, or both, that will be a party to this Contract. These Contract Affirmations apply to all Contractors and Grantees (referred to as"Contractor") regardless of their business form (e.g., individual,partnership, corporation). By entering into this Contract, Contractor affirms, without exception, understands, and agrees to comply with the following items through the life of the Contract: 1. Contractor represents and warrants that these Contract Affirmations apply to Contractor and all of Contractor's principals, officers, directors, shareholders,partners, owners, agents, employees, subcontractors, independent contractors, and any other representatives who may provide services under, who have a financial interest in, or otherwise are interested in this Contract and any related Solicitation. 2. Complete and Accurate Information Contractor represents and warrants that all statements and information provided to HHS are current, complete, and accurate. This includes all statements and information in this Contract and any related Solicitation Response. 3. Public Information Act Contractor understands that HHS will comply with the Texas Public Information Act (Chapter 552 of the Texas Government Code) as interpreted by judicial rulings and opinions of the Attorney General of the State of Texas. Information, documentation, and other material prepared and submitted in connection with this Contract or any related Solicitation may be subject to public disclosure pursuant to the Texas Public Information Act. In accordance with Section 2252.907 of the Texas Government Code, Contractor is required to make any information created or exchanged with the State pursuant to the Contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the State. 4. Contracting Information Requirements Contractor represents and warrants that it will comply with the requirements of Section 552.372(a) of the Texas Government Code. Except as provided by Section 552.374(c) of the Texas Government Code, the requirements of Subchapter J (Additional Provisions Related to Contracting Information), Chapter 552 of the Government Code, may apply to the Contract and the Contractor agrees that the Contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 1 of 13 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 5. Assignment A. Contractor shall not assign its rights under the Contract or delegate the performance of its duties under the Contract without prior written approval from System Agency. Any attempted assignment in violation of this provision is void and without effect. B. Contractor understands and agrees the System Agency may in one or more transactions assign,pledge, or transfer the Contract. Upon receipt of System Agency's notice of assignment,pledge, or transfer, Contractor shall cooperate with System Agency in giving effect to such assignment,pledge, or transfer, at no cost to System Agency or to the recipient entity. 6. Terms and Conditions Contractor accepts the Solicitation terms and conditions unless specifically noted by exceptions advanced in the form and manner directed in the Solicitation, if any, under which this Contract was awarded. Contractor agrees that all exceptions to the Solicitation, as well as terms and conditions advanced by Contractor that differ in any manner from HHS' terms and conditions, if any, are rejected unless expressly accepted by System Agency in writing. 7. HHS Right to Use Contractor agrees that HHS has the right to use,produce, and distribute copies of and to disclose to HHS employees, agents, and contractors and other governmental entities all or part of this Contract or any related Solicitation Response as HHS deems necessary to complete the procurement process or comply with state or federal laws. 8. Release from Liability Contractor generally releases from liability and waives all claims against any party providing information about the Contractor at the request of System Agency. 9. Dealings with Public Servants Contractor has not given, has not offered to give, and does not intend to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with this Contract or any related Solicitation, or related Solicitation Response. 10. Financial Participation Prohibited Under Section 2155.004, Texas Government Code (relating to financial participation in preparing solicitations), Contractor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive this Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 11. Prior Disaster Relief Contract Violation Under Sections 2155.006 and 2261.053 of the Texas Government Code (relating to convictions and penalties regarding Hurricane Rita, Hurricane Katrina, and other disasters), the Contractor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive this Contract Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 2 of 13 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 12. Child Support Obligation Under Section 231.006(d) of the Texas Family Code regarding child support, Contractor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive the specified payment and acknowledges that the Contract may be terminated and payment may be withheld if this certification is inaccurate. If the certification is shown to be false, Contractor may be liable for additional costs and damages set out in 231.006(f). 13. Suspension and Debarment Contractor certifies that it and its principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Management(SANT) maintained by the General Services Administration. This certification is made pursuant to the regulations implementing Executive Order 12549 and Executive Order 12689, Debarment and Suspension, 2 C.F.R. Part 376, and any relevant regulations promulgated by the Department or Agency funding this project. This provision shall be included in its entirety in Contractor's subcontracts, if any, if payment in whole or in part is from federal funds. 14. Excluded Parties Contractor certifies that it is not listed in the prohibited vendors list authorized by Executive Order 13224, "Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism, "published by the United States Department of the Treasury, Office of Foreign Assets Control.' 15. Foreign Terrorist Organizations Contractor represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code. 16. Executive Head of a State Agency In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, Contractor certifies that it is not(1) the executive head of an HHS agency, (2) a person who at any time during the four years before the date of this Contract was the executive head of an HHS agency, or(3) a person who employs a current or former executive head of an HHS agency. 17. Human Trafficking Prohibition Under Section 2155.0061 of the Texas Government Code, Contractor certifies that the individual or business entity named in this Contract is not ineligible to receive this Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 3 of 13 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 18. Franchise Tax Status Contractor represents and warrants that it is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171 of the Texas Tax Code. 19. Debts and Delinquencies Contractor agrees that any payments due under this Contract shall be applied towards any debt or delinquency that is owed to the State of Texas. 20. Lobbying Prohibition Contractor represents and warrants that payments to Contractor and Contractor's receipt of appropriated or other funds under this Contract or any related Solicitation are not prohibited by Sections 556.005, 556.0055, or 556.008 of the Texas Government Code (relating to use of appropriated money or state funds to employ or pay lobbyists, lobbying expenses, or influence legislation). 21. Buy Texas Contractor agrees to comply with Section 2155.4441 of the Texas Government Code, requiring the purchase of products and materials produced in the State of Texas in performing service contracts. 22. Disaster Recovery Plan Contractor agrees that upon request of System Agency, Contractor shall provide copies of its most recent business continuity and disaster recovery plans. 23. Computer Equipment Recycling Program If this Contract is for the purchase or lease of computer equipment, then Contractor certifies that it is in compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in 30 TAC Chapter 328. 24. Television Equipment Recycling Program If this Contract is for the purchase or lease of covered television equipment, then Contractor certifies that it is compliance with Subchapter Z, Chapter 361 of the Texas Health and Safety Code related to the Television Equipment Recycling Program. 25. Cybersecurity Training A. Contractor represents and warrants that it will comply with the requirements of Section 2054.5192 of the Texas Government Code relating to cybersecurity training and required verification of completion of the training program. B. Contractor represents and warrants that if Contractor or Subcontractors, officers, or employees of Contractor have access to any state computer system or database, the Contractor, Subcontractors, officers, and employees of Contractor shall complete cybersecurity training pursuant to and in accordance with Government Code, Section 2054.5192. Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 4 of 13 DocuSign Envelope ID:996C07F9-E3DD-4EA2-85EO-AFOD602E8F56 26. Restricted Employment for Certain State Personnel Contractor acknowledges that, pursuant to Section 572.069 of the Texas Government Code, a former state officer or employee of a state agency who during the period of state service or employment participated on behalf of a state agency in a procurement or contract negotiation involving Contractor may not accept employment from Contractor before the second anniversary of the date the Contract is signed or the procurement is terminated or withdrawn. 27. No Conflicts of Interest A. Contractor represents and warrants that it has no actual or potential conflicts of interest in providing the requested goods or services to System Agency under this Contract or any related Solicitation and that Contractor's provision of the requested goods and/or services under this Contract and any related Solicitation will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety. B. Contractor agrees that, if after execution of the Contract, Contractor discovers or is made aware of a Conflict of Interest, Contractor will immediately and fully disclose such interest in writing to System Agency. In addition, Contractor will promptly and fully disclose any relationship that might be perceived or represented as a conflict after its discovery by Contractor or by System Agency as a potential conflict. System Agency reserves the right to make a final determination regarding the existence of Conflicts of Interest, and Contractor agrees to abide by System Agency's decision. 28. Fraud,Waste, and Abuse Contractor understands that HHS does not tolerate any type of fraud, waste, or abuse. Violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. Pursuant to Texas Government Code, Section 321.022, if the administrative head of a department or entity that is subject to audit by the state auditor has reasonable cause to believe that money received from the state by the department or entity or by a client or contractor of the department or entity may have been lost, misappropriated, or misused, or that other fraudulent or unlawful conduct has occurred in relation to the operation of the department or entity, the administrative head shall report the reason and basis for the belief to the Texas State Auditor's Office (SAO). All employees or contractors who have reasonable cause to believe that fraud, waste, or abuse has occurred (including misconduct by any HHS employee, Grantee officer, agent, employee, or subcontractor that would constitute fraud, waste, or abuse) are required to immediately report the questioned activity to the Health and Human Services Commission's Office of Inspector General. Contractor agrees to comply with all applicable laws, rules, regulations, and System Agency policies regarding fraud, waste, and abuse including, but not limited to, HHS Circular C-027. A report to the SAO must be made through one of the following avenues: • SAO Toll Free Hotline: 1-800-TX-AUDIT • SAO website: http://sao.fraud.state.tx.us/ All reports made to the OIG must be made through one of the following avenues: Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 5 of 13 DocuSign Envelope ID:996C07F9-E3DD-4EA2-85EO-AFOD602E8F56 • OIG Toll Free Hotline 1-800-436-6184 • OIG Website: ReportTexasFraud.com • Internal Affairs Email: InternalAffalrsReferral@hhsc.state.tx.us • OIG Hotline Email: OIGFraudHotline@hhsc.state.tx.us. • OIG Mailing Address: Office of Inspector General Attn: Fraud Hotline MC 1300 P.O. Box 85200 Austin, Texas 78708-5200 29. Antitrust The undersigned affirms under penalty of perjury of the laws of the State of Texas that: A. in connection with this Contract and any related Solicitation Response, neither I nor any representative of the Contractor has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; B. in connection with this Contract and any related Solicitation Response, neither I nor any representative of the Contractor has violated any federal antitrust law; and C. neither I nor any representative of the Contractor has directly or indirectly communicated any of the contents of this Contract and any related Solicitation Response to a competitor of the Contractor or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Contractor. 30. Legal and Regulatory Actions Contractor represents and warrants that it is not aware of and has received no notice of any court or governmental agency proceeding, investigation, or other action pending or threatened against Contractor or any of the individuals or entities included in numbered paragraph 1 of these Contract Affirmations within the five (5) calendar years immediately preceding execution of this Contract or the submission of any related Solicitation Response that would or could impair Contractor's performance under this Contract, relate to the contracted or similar goods or services, or otherwise be relevant to System Agency's consideration of entering into this Contract. If Contractor is unable to make the preceding representation and warranty, then Contractor instead represents and warrants that it has provided to System Agency a complete, detailed disclosure of any such court or governmental agency proceeding, investigation, or other action that would or could impair Contractor's performance under this Contract, relate to the contracted or similar goods or services, or otherwise be relevant to System Agency's consideration of entering into this Contract. In addition, Contractor acknowledges this is a continuing disclosure requirement. Contractor represents and warrants that Contractor shall notify System Agency in writing within five (5)business days of any changes to the representations or warranties in this clause and understands that failure to so timely update System Agency shall constitute breach of contract and may result in immediate contract termination. Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 6 of 13 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 31. No Felony Criminal Convictions Contractor represents that neither Contractor nor any of its employees, agents, or representatives, including any subcontractors and employees, agents, or representative of such subcontractors, have been convicted of a felony criminal offense or that if such a conviction has occurred Contractor has fully advised System Agency in writing of the facts and circumstances surrounding the convictions. 32. Unfair Business Practices Contractor represents and warrants that it has not been the subject of allegations of Deceptive Trade Practices violations under Chapter 17 of the Texas Business and Commerce Code, or allegations of any unfair business practice in any administrative hearing or court suit and that Contractor has not been found to be liable for such practices in such proceedings. Contractor certifies that it has no officers who have served as officers of other entities who have been the subject of allegations of Deceptive Trade Practices violations or allegations of any unfair business practices in an administrative hearing or court suit and that such officers have not been found to be liable for such practices in such proceedings. 33. Entities that Boycott Israel Contractor represents and warrants that(1) it does not, and shall not for the duration of the Contract, boycott Israel or(2)the verification required by Section 2271.002 of the Texas Government Code does not apply to the Contract. If circumstances relevant to this provision change during the course of the Contract, Contractor shall promptly notify System Agency. 34. E-Verify Contractor certifies that for contracts for services, Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system during the term of this Contract to determine the eligibility of: 1. all persons employed by Contractor to perform duties within Texas; and 2. all persons, including subcontractors, assigned by Contractor to perform work pursuant to this Contract within the United States of America. 35. Former Agency Employees—Certain Contracts If this Contract is an employment contract, a professional services contract under Chapter 2254 of the Texas Government Code, or a consulting services contract under Chapter 2254 of the Texas Government Code, in accordance with Section 2252.901 of the Texas Government Code, Contractor represents and warrants that neither Contractor nor any of Contractor's employees including, but not limited to, those authorized to provide services under the Contract, were former employees of an HHS Agency during the twelve (12) month period immediately prior to the date of the execution of the Contract. Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 7 of 13 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 36. Disclosure of Prior State Employment—Consulting Services If this Contract is for consulting services, A. In accordance with Section 2254.033 of the Texas Government Code, a Contractor providing consulting services who has been employed by, or employs an individual who has been employed by, System Agency or another State of Texas agency at any time during the two years preceding the submission of Contractor's offer to provide services must disclose the following information in its offer to provide services. Contractor hereby certifies that this information was provided and remains true, correct, and complete: 1. Name of individual(s) (Contractor or employee(s)); 2. Status; 3. The nature of the previous employment with HHSC or the other State of Texas agency; 4. The date the employment was terminated and the reason for the termination; and 5. The annual rate of compensation for the employment at the time of its termination. B. If no information was provided in response to Section A above, Contractor certifies that neither Contractor nor any individual employed by Contractor was employed by System Agency or any other State of Texas agency at any time during the two years preceding the submission of Contractor's offer to provide services. 37. Abortion Funding Limitation Contractor understands, acknowledges, and agrees that,pursuant to Article IX of the General Appropriations Act(the Act), to the extent allowed by federal and state law, money appropriated by the Texas Legislature may not be distributed to any individual or entity that, during the period for which funds are appropriated under the Act: 1. performs an abortion procedure that is not reimbursable under the state's Medicaid program; 2. is commonly owned, managed, or controlled by an entity that performs an abortion procedure that is not reimbursable under the state's Medicaid program; or 3. is a franchise or affiliate of an entity that performs an abortion procedure that is not reimbursable under the state's Medicaid program. The provision does not apply to a hospital licensed under Chapter 241, Health and Safety Code, or an office exempt under Section 245.004(2), Health and Safety Code. Contractor represents and warrants that it is not ineligible, nor will it be ineligible during the term of this Contract, to receive appropriated funding pursuant to Article IX. 38. Funding Eligibility Contractor understands, acknowledges, and agrees that,pursuant to Chapter 2272 (eff. Sept. 1, 2021, Ch. 2273) of the Texas Government Code, except as exempted under that Chapter, HHSC cannot contract with an abortion provider or an affiliate of an abortion provider. Contractor certifies that it is not ineligible to contract with HHSC under the terms of Chapter 2272 (eff. Sept. 1, 2021, Ch. 2273) of the Texas Government Code. Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 8 of 13 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 39. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment(2 CFR 200.216) Contractor certifies that the individual or business entity named in this Response or Contract is not ineligible to receive the specified Contract or funding pursuant to 2 CFR 200.216. 40. COVID-19 Vaccine Passports Pursuant to Texas Health and Safety Code, Section 161.0085(c), Contractor certifies that it does not require its customers 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 Contractor's business. Contractor acknowledges that such a vaccine or recovery requirement would make Contractor ineligible for a state-funded contract. 41. Entities that Boycott Energy Companies In accordance with Senate Bill 13, Acts 2021, 87th Leg., R.S.,pursuant to Section 2274.002 of the Texas Government Code (relating to prohibition on contracts with companies boycotting certain energy companies), Contractor represents and warrants that: (1) it does not, and will not for the duration of the Contract, boycott energy companies or(2)the verification required by Section 2274.002 of the Texas Government Code does not apply to the Contract. If circumstances relevant to this provision change during the course of the Contract, Contractor shall promptly notify System Agency. 42. Entities that Discriminate Against Firearm and Ammunition Industries In accordance with Senate Bill 19, Acts 2021, 87th Leg., R.S.,pursuant to Section 2274.002 of the Texas Government Code (relating to prohibition on contracts with companies that discriminate against firearm and ammunition industries), Contractor verifies that: (1) it does not, and will not for the duration of the Contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or(2)the verification required by Section 2274.002 of the Texas Government Code does not apply to the Contract. If circumstances relevant to this provision change during the course of the Contract, Contractor shall promptly notify System Agency. 43. Security Controls for State Agency Data In accordance with Senate Bill 475, Acts 2021, 87th Leg., R.S.,pursuant to Texas Government Code, Section 2054.138, Contractor understands, acknowledges, and agrees that if,pursuant to this Contract, Contractor is or will be authorized to access, transmit, use, or store data for System Agency, Contractor is required to meet the security controls the System Agency determines are proportionate with System Agency's risk under the Contract based on the sensitivity of System Agency's data and that Contractor must periodically provide to System Agency evidence that Contractor meets the security controls required under the Contract. Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 9 of 13 DocuSign Envelope ID:996C07F9-E3DD-4EA2-85EO-AFOD602E8F56 44. Cloud Computing State Risk and Authorization Management Program (TX-RAMP) In accordance with Senate Bill 475, Acts 2021, 87th Leg., R.S.,pursuant to Texas Government Code, Section 2054.0593, Contractor acknowledges and agrees that, if providing cloud computing services for System Agency, Contractor must comply with the requirements of the state risk and authorization management program and that System Agency may not enter or renew a contract with Contractor to purchase cloud computing services for the agency that are subject to the state risk and authorization management program unless Contractor demonstrates compliance with program requirements. If providing cloud computing services for System Agency that are subject to the state risk and authorization management program, Contractor certifies it will maintain program compliance and certification throughout the term of the Contract. 45. Office of Inspector General Investigative Findings Expert Review In accordance with Senate Bill 799, Acts 2021, 87th Leg., R.S., if Texas Government Code, Section 531.102(m-1)(2) is applicable to this Contract, Contractor affirms that it possesses the necessary occupational licenses and experience. 46. Contract for Professional Services of Physicians, Optometrists, and Registered Nurses In accordance with Senate Bill 799, Acts 2021, 87th Leg., R.S., if Texas Government Code, Section 2254.008(a)(2) is applicable to this Contract, Contractor affirms that it possesses the necessary occupational licenses and experience. 47. Foreign-Owned Companies in Connection with Critical Infrastructure If Texas Government Code, Section 2274.0102(a)(1) (relating to prohibition on contracts with certain foreign-owned companies in connection with critical infrastructure) is applicable to this Contract, pursuant to Government Code Section 2274.0102, Contractor certifies that neither it nor its parent company, nor any affiliate of Contractor or its parent company, is: (1) majority owned or controlled by citizens or governmental entities of China, Iran, North Korea, Russia, or any other country designated by the Governor under Government Code Section 2274.0103, or(2) headquartered in any of those countries. 48. Critical Infrastructure Subcontracts For purposes of this Paragraph, the designated countries are China, Iran, North Korea, Russia, and any countries lawfully designated by the Governor as a threat to critical infrastructure. Pursuant to Section 113.002 of the Business and Commerce Code, Contractor shall not enter into a subcontract that will provide direct or remote access to or control of critical infrastructure, as defined by Section 113.001 of the Texas Business and Commerce Code, in this state, other than access specifically allowed for product warranty and support purposes to any subcontractor unless (i)neither the subcontractor nor its parent company, nor any affiliate of the subcontractor or its parent company, is majority owned or controlled by citizens or governmental entities of a designated country; and(ii) neither the subcontractor nor its parent company, nor any affiliate of the subcontractor or its parent company, is headquartered in a designated country. Contractor will notify the System Agency before entering into any subcontract that will provide direct or remote Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 10 of 13 DocuSign Envelope ID:996C07F9-E3DD-4EA2-85EO-AFOD602E8F56 access to or control of critical infrastructure, as defined by Section 113.001 of the Texas Business & Commerce Code, in this state. 49. Enforcement of Certain Federal Firearms Laws Prohibited In accordance with House Bill 957, Acts 2021, 87th Leg., R.S., if Texas Government Code, Section 2.101 is applicable to Contractor, Contractor certifies that it is not ineligible to receive state grant funds pursuant to Texas Government Code, Section 2.103. 50. Prohibition on Abortions Contractor understands, acknowledges, and agrees that,pursuant to Article 11 of the General Appropriations Act, (1)no funds shall be used to pay the direct or indirect costs (including marketing, overhead, rent,phones, and utilities) of abortion procedures provided by contractors of HHSC; and (2)no funds appropriated for Medicaid Family Planning, Healthy Texas Women Program, or the Family Planning Program shall be distributed to individuals or entities that perform elective abortion procedures or that contract with or provide funds to individuals or entities for the performance of elective abortion procedures. Contractor represents and warrants that it is not ineligible, nor will it be ineligible during the term of this Contract, to receive appropriated funding pursuant to Article II. 51. False Representation Contractor understands, acknowledges, and agrees that any false representation or any failure to comply with a representation, warranty, or certification made by Contractor is subject to all civil and criminal consequences provided at law or in equity including, but not limited to, immediate termination of this Contract. 52. False Statements Contractor represents and warrants that all statements and information prepared and submitted by Contractor in this Contract and any related Solicitation Response are current, complete, true, and accurate. Contractor acknowledges any false statement or material misrepresentation made by Contractor during the performance of this Contract or any related Solicitation is a material breach of contract and may void this Contract. Further, Contractor understands, acknowledges, and agrees that any false representation or any failure to comply with a representation, warranty, or certification made by Contractor is subject to all civil and criminal consequences provided at law or in equity including, but not limited to, immediate termination of this Contract. 53. Permits and License Contractor represents and warrants that it will comply with all applicable laws and maintain all permits and licenses required by applicable city, county, state, and federal rules, regulations, statutes, codes, and other laws that pertain to this Contract. 54. Equal Employment Opportunity Contractor represents and warrants its compliance with all applicable duly enacted state and federal laws governing equal employment opportunities. Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 11 of 13 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 55. Federal Occupational Safety and Health Law Contractor represents and warrants that all articles and services shall meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Act of 1970, as amended (29 U.S.C. Chapter 15). 56. Signature Authority Contractor represents and warrants that the individual signing this Contract Affirmations document is authorized to sign on behalf of Contractor and to bind the Contractor. Signature Page Follows Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 12 of 13 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 Authorized representative on behalf of Contractor must complete and sign the following: Dr.Fauzia Khan Legal Name of Contractor Corpus Christi-Neuces County Public Health District Assumed Business Name of Contractor, if applicable (d/b/a or `doing business as') N/A Texas County(s) for Assumed Business Name (d/b/a or `doing business as') Attach Assumed Name Certificate(s) filed with the Texas Secretary of State and Assumed Name Certificate(s),if any, for each Texas County Where Assumed Name Certificate(s) has been filed. DocuSigned by: FmAejt-61 I_' March 22,2023 v�D �nAuthorized Representative Date Signed Fauzia Khan Public Health Director Printed Name of Authorized Representative Title of Authorized Representative First,Middle Name or Initial, and Last Name 1702 Horne Road Corpus Christi,78416 Physical Street Address City, State,Zip Code N/A N/A Mailing Address, if different City, State,Zip Code (361)826-7202 3618261343 Phone Number Fax Number fauziak@cctexas.com 069457786 Email Address DUNS Number 74-6000574 0746000574-1027 Federal Employer Identification Number Texas Identification Number (TIN) Texas Franchise Tax Number Texas Secretary of State Filing Number SAM.gov Unique Entity Identifier (UEI) Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 13 of 13 DocuSign Envelope ID:996C07F9-E3DD-4EA2-85EO-AFOD602E8F56 TEv..A.S Health and Human Services Health and Human Services (HHS) Uniform Terms and Conditions - Grant Version 3.2 Published and Effective — July 2022 Responsible Office: Chief Counsel DocuSign Envelope ID:996C07F9-E3DD-4EA2-85EO-AFOD602E8F56 ABOUT THIS DOCUMENT In this document, Grantees(also referred to in this document as subrecipients or contractors)will find requirements and conditions applicable to grant funds administered and passed-through by both the Texas Health and Human Services Commission(HHSC) and the Department of State Health Services(DSHS). These requirements and conditions are incorporated into the Grant Agreement through acceptance by Grantee of any funding award by HHSC or DSHS. The terms and conditions in this document are in addition to all requirements listed in the RFA,if any,under which applications for this grant award are accepted, as well as all applicable federal and state laws and regulations. Applicable federal and state laws and regulations may include,but are not limited to: 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; requirements of the entity that awarded the funds to HHS; Chapter 783 of the Texas Government Code; Texas Comptroller of Public Accounts' agency rules (including Uniform Grant and Contract Standards set forth in Title 34,Part 1, Chapter 20, Subchapter E,Division 4 of the Texas Administrative Code);the Texas Grant Management Standards(TxGMS)developed by the Texas Comptroller of Public Accounts; and the Funding Announcement, Solicitation,or other instrument/documentation under which HHS was awarded funds. HHS,in its sole discretion,reserves the right to add requirements,terms,or conditions. HHS Uniform Terms and Conditions—Grant v 3.2 Effective July 2022 Page 2 of 29 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 TABLE OF CONTENTS ARTICLE L DEFINITIONS AND INTERPRETIVE PROVISIONS........................... 6 1.1 DEFINITIONS ......................................................................................................... 6 1.2 INTERPRETIVE PROVISIONS.................................................................................. 7 ARTICLE II. PAYMENT PROVISIONS......................................................................... 8 2.1 PROMPT PAYMENT................................................................................................ 8 2.2 TAXES.................................................................................................................... 8 2.3 ANCILLARY AND TRAVEL EXPENSES ................................................................... 9 2.4 BILLING................................................................................................................. 9 2.5 USE OF FUNDS....................................................................................................... 9 2.6 USE FOR MATCH PROHIBITED.............................................................................. 9 2.7 PROGRAM INCOME ............................................................................................... 9 2.8 NONSUPPLANTING................................................................................................. 9 2.9 INDIRECT COST RATES....................................................................................... 10 ARTICLE III. STATE AND FEDERAL FUNDING..................................................... 10 3.1 EXCESS OBLIGATIONS PROHIBITED................................................................... 10 3.2 NO DEBT AGAINST THE STATE........................................................................... 10 3.3 DEBTS AND DELINQUENCIES .............................................................................. 10 3.4 REFUNDS AND OVERPAYMENTS ......................................................................... 10 ARTICLE IV.ALLOWABLE COSTS AND AUDIT REQUIREMENTS.................. 11 4.1 ALLOWABLE COSTS............................................................................................ 11 4.2 AUDITS AND FINANCIAL STATEMENTS............................................................... 11 4.3 SUBMISSION OF AUDITS AND FINANCIAL STATEMENTS .................................... 12 ARTICLE V.WARRANTY,AFFIRMATIONS,ASSURANCES AND CERTIFICATIONS........................................................................................................... 12 5.1 WARRANTY......................................................................................................... 12 5.2 GENERAL AFFIRMATIONS................................................................................... 13 5.3 FEDERAL ASSURANCES....................................................................................... 13 5.4 FEDERAL CERTIFICATIONS ................................................................................ 13 5.5 STATE ASSURANCES............................................................................................ 13 HHS Uniform Terms and Conditions—Grant v 3.2 Effective July 2022 Page 3 of 29 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 ARTICLE VI. INTELLECTUAL PROPERTY............................................................. 13 6.1 OWNERSHIP OF WORK PRODUCT....................................................................... 13 6.2 GRANTEE'S PRE-EXISTING WORKS................................................................... 14 6.3 THIRD PARTY IP................................................................................................. 14 6.4 AGREEMENTS WITH EMPLOYEES AND SUBCONTRACTORS............................... 14 6.5 DELIVERY UPON TERMINATION OR EXPIRATION.............................................. 15 6.6 SURVIVAL............................................................................................................ 15 6.7 SYSTEM AGENCY DATA...................................................................................... 15 ARTICLE VII. PROPERTY............................................................................................ 15 7.1 USE OF STATE PROPERTY................................................................................... 15 7.2 DAMAGE TO STATE PROPERTY.......................................................................... 16 7.3 PROPERTY RIGHTS UPON TERMINATION OR EXPIRATION OF CONTRACT....... 16 7.4 EQUIPMENT AND PROPERTY............................................................................... 16 ARTICLE VIII. RECORD RETENTION,AUDIT,AND CONFIDENTIALITY..... 17 8.1 RECORD MAINTENANCE AND RETENTION......................................................... 17 8.2 AGENCY'S RIGHT TO AUDIT............................................................................... 17 8.3 RESPONSE/COMPLIANCE WITH AUDIT OR INSPECTION FINDINGS ................... 18 8.4 STATE AUDITOR'S RIGHT TO AUDIT.................................................................. 18 8.5 CONFIDENTIALITY.............................................................................................. 18 ARTICLE IX. GRANT REMEDIES, TERMINATION AND PROHIBITED ACTIVITIES...................................................................................................................... 19 9.1 REMEDIES............................................................................................................ 19 9.2 TERMINATION FOR CONVENIENCE .................................................................... 19 9.3 TERMINATION FOR CAUSE ................................................................................. 19 9.4 GRANTEE RESPONSIBILITY FOR SYSTEM AGENCY'S TERMINATION COSTS.... 20 9.5 INHERENTLY RELIGIOUS ACTIVITIES................................................................ 20 9.6 POLITICAL ACTIVITIES....................................................................................... 20 ARTICLE X. INDEMNITY.............................................................................................. 21 10.1 GENERAL INDEMNITY......................................................................................... 21 10.2 INTELLECTUAL PROPERTY................................................................................. 21 10.3 ADDITIONAL INDEMNITY PROVISIONS............................................................... 22 ARTICLE XI. GENERAL PROVISIONS...................................................................... 22 11.1 AMENDMENTS..................................................................................................... 22 11.2 NO QUANTITY GUARANTEES.............................................................................. 22 HHS Uniform Terms and Conditions-Grant v 3.2 Effective July 2022 Page 4 of 29 DocuSign Envelope ID:996C07F9-E3DD-4EA2-85EO-AFOD602E8F56 11.3 CHILD ABUSE REPORTING REQUIREMENTS...................................................... 22 11.4 CERTIFICATION OF MEETING OR EXCEEDING TOBACCO-FREE WORKPLACE POLICY MINIMUM STANDARDS.......................................................................... 23 11.5 INSURANCE AND BONDS...................................................................................... 23 11.6 LIMITATION ON AUTHORITY.............................................................................. 23 11.7 CHANGE IN LAWS AND COMPLIANCE WITH LAWS............................................ 24 11.8 SUBCONTRACTORS.............................................................................................. 24 11.9 PERMITTING AND LICENSURE ............................................................................ 24 11.10 INDEPENDENT CONTRACTOR............................................................................. 24 11.11 GOVERNING LAW AND VENUE ........................................................................... 25 11.12 SEVERABILITY..................................................................................................... 25 11.13 SURVIVABILITY................................................................................................... 25 11.14 FORCE MA.IEURE ................................................................................................ 25 11.15 NO IMPLIED WAIVER OF PROVISIONS ............................................................... 26 11.16 FUNDING DISCLAIMERS AND LABELING............................................................ 26 11.17 MEDIA RELEASES ............................................................................................... 26 11.18 PROHIBITION ON NON-COMPETE RESTRICTIONS ............................................. 26 11.19 SOVEREIGN IMMUNITY....................................................................................... 26 11.20 ENTIRE CONTRACT AND MODIFICATION........................................................... 27 11.21 COUNTERPARTS.................................................................................................. 27 11.22 PROPER AUTHORITY........................................................................................... 27 11.23 E-VERIFY PROGRAM .......................................................................................... 27 11.24 CIVIL RIGHTS...................................................................................................... 27 11.25 ENTERPRISE INFORMATION MANAGEMENT STANDARDS ................................. 28 11.26 DISCLOSURE OF LITIGATION.............................................................................. 28 11.27 NO THIRD PARTY BENEFICIARIES ..................................................................... 29 11.28 BINDING EFFECT................................................................................................. 29 HHS Uniform Terms and Conditions-Grant v 3.2 Effective July 2022 Page 5 of 29 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 ARTICLE I. DEFINITIONS AND INTERPRETIVE PROVISIONS 1.1 DEFINITIONS As used in this Grant Agreement, unless a different definition is specified, or the context clearly indicates otherwise, the following terms and conditions have the meanings assigned below: "Amendment'' means a written agreement, signed by the Parties, which documents changes to the Grant Agreement. "Contract" or"Grant Agreement''means the agreement entered into by the Parties, including the Signature Document,these Uniform Terms and Conditions,along with any attachments and amendments that may be issued by the System Agency. "Deliverables" means the goods, services, and work product, including all reports and project documentation, required to be provided by Grantee to the System Agency. "DSHS" means the Department of State Health Services. "Effective Date" means the date on which the Grant Agreement takes effect. "Federal Fiscal Year" means the period beginning October 1 and ending September 30 each year, which is the annual accounting period for the United States government. "GAAP" means Generally Accepted Accounting Principles. "GASB" means the Governmental Accounting Standards Board. "Grantee" means the Party receiving funds under this Grant Agreement. May also be referred to as "subrecipient" or "contractor" in this document. "HHSC" means the Texas Health and Human Services Commission. "Health and Human Services" or"HHS" includes HHSC and DSHS. "Intellectual Prope . Rights" means the worldwide proprietary rights or interests, including patent, copyright, trade secret, and trademark rights, as such right may be evidenced by or embodied in: i. any idea, design, concept,personality right, method,process, technique, apparatus, invention, discovery, or improvement; ii. any work of authorship, including any compilation, computer code, website or web page design, literary work,pictorial work, or graphic work; iii. any trademark, service mark, trade dress, trade name, branding, or other indicia of source or origin; iv. domain name registrations; and v. any other proprietary or similar rights. The Intellectual Property Rights of a Party include all worldwide proprietary rights or interests that the Party may have acquired by assignment, by exclusive license, or by license with the right to grant sublicenses. "Parties" means the System Agency and Grantee, collectively. "Pte" means either the System Agency or Grantee, individually. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 6 of 29 DocuSign Envelope ID:996C07F9-E3DD-4EA2-85EO-AFOD602E8F56 "Project"means specific activities of the Grantee that are supported by funds provided under this Grant Agreement. "Signature Document" means the document executed by all Parties for this Grant Agreement. "Solicitation," "Funding Announcement'' or"Request for Applications (RFA)" means the document(including all exhibits, attachments, and published addenda), issued by the System Agency under which applications for grant funds were requested, which is incorporated by reference in the Grant Agreement for all purposes in its entirety. "Solicitation Response" or"Application" means Grantee's full and complete Solicitation response (including any attachments and addenda), which is incorporated by reference in the Grant Agreement for all purposes in its entirety. "State Fiscal Year" means the period beginning September 1 and ending August 31 each year, which is the annual accounting period for the State of Texas. "State of Texas TextraveT' means the Texas Comptroller of Public Accounts' state travel rules,policies, and guidelines. "Statement of Work"means the description of activities Grantee must perform to complete the Project, as specified in the Grant Agreement and as may be amended. "System Agency"means HHSC or DSHS,as applicable. "Work Product" means any and all works, including work papers, notes, materials, approaches, designs, specifications, systems, innovations, improvements, inventions, software,programs, source code, documentation, training materials, audio or audiovisual recordings, methodologies, concepts, studies, reports, whether finished or unfinished, and whether or not included in the deliverables, that are developed,produced, generated or provided by Grantee in connection with Grantee's performance of its duties under the Grant Agreement or through use of any funding provided under this Grant Agreement. "Texas Grant Management Standards" or"TxGMS" means uniform grant and contract administration procedures, developed under the authority of Chapter 783 of the Texas Government Code, to promote the efficient use of public funds in local government and in programs requiring cooperation among local, state, and federal agencies. Under this Grant Agreement, TxGMS applies to Grantee except as otherwise provided by applicable law or directed by System Agency. Additionally, except as otherwise provided by applicable law, in the event of a conflict between TxGMS and applicable federal or state law, federal law prevails over state law and state law prevails over TxGMS. 1.2 INTERPRETIVE PROVISIONS A. The meanings of defined terms include the singular and plural forms. B. The words "hereof," "herein," "hereunder," and similar words refer to this Grant Agreement as a whole and not to any particular provision, section, attachment, or schedule of this Grant Agreement unless otherwise specified. C. The term "including" is not limiting and means "including without limitation" and, unless otherwise expressly provided in this Grant Agreement, (i)references to contracts HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 7 of 29 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 (including this Grant Agreement) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Grant Agreement, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation. D. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Grant Agreement are references to these documents as amended, modified, or supplemented during the term of the Grant Agreement. E. The captions and headings of this Grant Agreement are for convenience of reference only and do not affect the interpretation of this Grant Agreement. F. All attachments, including those incorporated by reference, and any Amendments are considered part of the terms of this Grant Agreement. G. This Grant Agreement may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative. H. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase "in its sole discretion." I. Time is of the essence in this Grant Agreement. J. Prior to execution of the Grant Agreement, Grantee must notify System Agency's designated contact in writing of any ambiguity, conflict, discrepancy, omission, or other error. If Grantee fails to notify the System Agency designated contact of any ambiguity, conflict, discrepancy, omission or other error in the Grant Agreement prior to Grantee's execution of the Grant Agreement, Grantee: i. Shall have waived any claim of error or ambiguity in the Grant Agreement; and ii. Shall not contest the interpretation by the System Agency of such provision(s). No grantee will be entitled to additional reimbursement, relief, or time by reason of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error or its later correction. ARTICLE II. PAYMENT PROVISIONS 2.1 PROMPT PAYMENT Payment shall be made in accordance with Chapter 2251 of the Texas Government Code, commonly known as the Texas Prompt Payment Act. Chapter 2251 of the Texas Government Code shall govern remittance of payment and remedies for late payment and non-payment. 2.2 TAXES Grantee represents and warrants that it shall pay all taxes or similar amounts resulting from the Grant Agreement, including, but not limited to, any federal, State, or local income, sales or excise taxes of Grantee or its employees. System Agency shall not be liable for any taxes resulting from the Grant Agreement. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 8 of 29 DocuSign Envelope ID:996C07F9-E3DD-4EA2-85EO-AFOD602E8F56 2.3 ANCILLARY AND TRAVEL EXPENSES A. Except as otherwise provided in the Grant Agreement, no ancillary expenses incurred by the Grantee in connection with its provision of the services or deliverables will be reimbursed by the System Agency. Ancillary expenses include,but are not limited to, costs associated with transportation, delivery, and insurance for each deliverable. B. Except as otherwise provided in the Grant Agreement, when the reimbursement of travel expenses is authorized by the Grant Agreement, all such expenses will be reimbursed in accordance with the rates set by the Texas Comptroller's Textravel guidelines, which can currently be accessed at: https://fmx.cpa.texas.gov/fmx/travel/textravel/. 2.4 BILLING Unless otherwise provided in the Grant Agreement, Grantee shall bill the System Agency in accordance with the Grant Agreement. Unless otherwise specified in the Grant Agreement, Grantee shall submit requests for reimbursement or payment monthly by the last business day of the month following the month in which expenses were incurred or services provided. Grantee shall maintain all documentation that substantiates invoices and make the documentation available to the System Agency upon request. 2.5 USE OF FUNDS Grantee shall expend funds under this Grant Agreement only for approved services and for reasonable and allowable expenses directly related to those services. 2.6 USE FOR MATCH PROHIBITED Grantee shall not use funds provided under this Grant Agreement for matching purposes in securing other funding without the written approval of the System Agency. 2.7 PROGRAM INCOME Program income refers to gross income directly generated by a supporting activity during the period of performance. Unless otherwise required under the Grant Agreement, Grantee shall use Program Income, as provided in TxGMS, to further the Project, and Grantee shall spend the Program Income on the Project. Grantee shall identify and report Program Income in accordance with the Grant Agreement, applicable law, and any programmatic guidance. Grantee shall expend Program Income during the Grant Agreement term, when earned, and may not carry Program Income forward to any succeeding term. Grantee shall refund Program Income to the System Agency if the Program Income is not expended in the term in which it is earned. The System Agency may base future funding levels, in part, upon Grantee's proficiency in identifying, billing, collecting, and reporting Program Income, and in using Program Income for the purposes and under the conditions specified in this Grant Agreement. 2.8 NONSUPPLANTING Grant funds must be used to supplement existing, new or corresponding programming and related activities. Grant funds may not be used to supplant(replace) existing funds that have been appropriated, allocated, or disbursed for the same purpose. System Agency may conduct Grant monitoring or audits may be conducted to review, among other things, Grantee's compliance with this provision. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 9 of 29 DocuSign Envelope ID:996C07F9-E3DD-4EA2-85EO-AFOD602E8F56 2.9 INDIRECT COST RATES The System Agency may acknowledge an indirect cost rate for Grantees that is utilized for all applicable Grant Agreements. For subrecipients receiving federal funds, indirect cost rates will be determined in accordance with applicable law including, but not limited to, 2 CFR 200.414(f). For recipients receiving state funds, indirect costs will be determined in accordance with applicable law including, but not limited to, TxGMS. Grantees funded with blended federal and state funding will be subject to both state and federal requirements when determining indirect costs. In the event of a conflict between TxGMS and applicable federal law or regulation, the provisions of federal law or regulation will apply.-Grantee will provide any necessary financial documents to determine the indirect cost rate in accordance with the Uniform Grant Guidance (UGG) and TxGMS. ARTICLE III. STATE AND FEDERAL FUNDING 3.1 EXCESS OBLIGATIONS PROHIBITED This Grant Agreement is subject to termination or cancellation, without penalty to System Agency, either in whole or in part, subject to the availability and actual receipt by System Agency of state or federal funds. System Agency is a state agency whose authority and appropriations are subject to actions of the Texas Legislature. If System Agency becomes subject to a legislative change, revocation of statutory authority, or lack of appropriated funds that would render either System Agency's or Grantee's delivery or performance under the Grant Agreement impossible or unnecessary, the Grant Agreement will be terminated or cancelled and be deemed null and void. In the event of a termination or cancellation under this Section, System Agency will not be liable to Grantee for any damages that are caused or associated with such termination or cancellation, and System Agency will not be required to give prior notice. Additionally, System Agency will not be liable to Grantee for any remaining unpaid funds under this Grant Agreement at time of termination. 3.2 NO DEBT AGAINST THE STATE This Grant Agreement will not be construed as creating any debt by or on behalf of the State of Texas. 3.3 DEBTS AND DELINQUENCIES Grantee agrees that any payments due under the Grant Agreement shall be directly applied towards eliminating any debt or delinquency it has to the State of Texas including, but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support during the entirety of the Grant Agreement term. 3.4 REFUNDS AND OVERPAYMENTS A. At its sole discretion, the System Agency may (i)withhold all or part of any payments to Grantee to offset overpayments, unallowable or ineligible costs made to the Grantee, or if any required financial status report(s) is not submitted by the due date(s); or(ii)require Grantee to promptly refund or credit-within thirty (30) calendar days of written notice— to System Agency any funds erroneously paid by System Agency which are not expressly authorized under the Grant Agreement. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 10 of 29 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 B. "Overpayments" as used in this Section include payments (i) made by the System Agency that exceed the maximum allowable rates;(ii)that are not allowed under applicable laws, rules, or regulations; or(iii)that are otherwise inconsistent with this Grant Agreement, including any unapproved expenditures. Grantee understands and agrees that it shall be liable to the System Agency for any costs disallowed pursuant to financial and compliance audit(s) of funds received under this Grant Agreement. Grantee further understands and agrees that reimbursement of such disallowed costs shall be paid by Grantee from funds which were not provided or otherwise made available to Grantee under this Grant Agreement. ARTICLE IV. ALLOWABLE COSTS AND AUDIT REQUIREMENTS 4.1 ALLOWABLE COSTS A. Allowable Costs are restricted to costs that are authorized under Texas Uniform Grant Management Standards (TxGMS) and applicable state and federal rules and laws. This Grant Agreement is subject to all applicable requirements of TxGMS, including the criteria for Allowable Costs. Additional federal requirements apply if this Grant Agreement is funded, in whole or in part, with federal funds. B. System Agency will reimburse Grantee for actual, allowable, and allocable costs incurred by Grantee in performing the Project,provided the costs are sufficiently documented. Grantee must have incurred a cost prior to claiming reimbursement and within the applicable term to be eligible for reimbursement under this Grant Agreement. At its sole discretion, the System Agency will determine whether costs submitted by Grantee are allowable and eligible for reimbursement. The System Agency may take repayment (recoup) from remaining funds available under this Grant Agreement in amounts necessary to fulfill Grantee's repayment obligations. Grantee and all payments received by Grantee under this Grant Agreement are subject to applicable cost principles, audit requirements, and administrative requirements including applicable provisions under 2 CFR 200, 48 CFR Part 31, and TxGMS. C. OMB Circulars will be applied with the modifications prescribed by TxGMS with effect given to whichever provision imposes the more stringent requirement in the event of a conflict. 4.2 AUDITS AND FINANCIAL STATEMENTS A. Audits i. Grantee understands and agrees that Grantee is subject to any and all applicable audit requirements found in state or federal law or regulation or added by this Grant Agreement ii. HHS Single Audit Unit will notify Grantee to complete the Single Audit Determination Form. If Grantee fails to complete the form within thirty (30) calendar days after receipt of notice, Grantee maybe subject to sanctions and remedies for non-compliance. iii. If Grantee, within Grantee's fiscal year, expends at least SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) in federal funds awarded, Grantee shall have a single audit or program-specific audit in accordance with 2 CFR 200. The federal HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 11 of 29 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 threshold amount includes federal funds passed through by way of state agency awards. iv. If Grantee, within Grantee's fiscal year, expends at least SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) in state funds awarded, Grantee shall have a single audit or program-specific audit in accordance with TxGMS. The audit must be conducted by an independent certified public accountant and in accordance with 2 CFR 200, Government Auditing Standards, and TxGMS. v. For-profit Grantees whose expenditures meet or exceed the federal or state expenditure thresholds stated above shall follow the guidelines in 2 CFR 200 or TxGMS, as applicable, for their program-specific audits. vi. Each Grantee required to obtain a single audit must competitively re-procure single audit services once every six years. Grantee shall procure audit services in compliance with this section, state procurement procedures, as well as with applicable provisions of 2 CFR 200 and TxGMS. B. Financial Statements. Each Grantee that does not meet the expenditure threshold for a single audit or program- specific audit, must provide financial statements for the audit period. 4.3 SUBMISSION OF AUDITS AND FINANCIAL STATEMENTS A. Audits. Due the earlier of 30 days after receipt of the independent certified public accountant's report or nine months after the end of the fiscal year, Grantee shall submit one electronic copy of the single audit or program-specific audit to the System Agency via: i. HHS portal at https://hhsportal.hhs.state.tx.us/heartwebextr/hhscSau or, ii. Email to: single_audit_repoy2hhsc.state.tx.us. B. Financial Statements. Due no later than nine months after the Grantee's fiscal year-end, Grantees not required to submit an audit, shall submit one electronic copy of their financial statements via: i. HHS portal at https://hhsportal.hhs.state.tx.us/heartwebextr/hhscSau; or, ii. Email to: single audit repog2hhsc.state.tx.us. ARTICLE V. WARRANTY, AFFIRMATIONS, ASSURANCES AND CERTIFICATIONS 5.1 WARRANTY Grantee warrants that all work under this Grant Agreement shall be completed in a manner consistent with standards under the terms of this Grant Agreement, in the applicable trade, profession, or industry; shall conform to or exceed the specifications set forth in the Grant Agreement;and all deliverables shall be fit for ordinary use,of good quality, and with no material defects. If System Agency, in its sole discretion, determines Grantee has failed to complete work timely or to perform satisfactorily under conditions required by this Grant Agreement, the System Agency may require Grantee, at its sole expense, to: i. Repair or replace all defective or damaged work; ii. Refund any payment Grantee received from System Agency for all defective or damaged work and, in conjunction therewith, require Grantee to accept the return of such work; and, HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 12 of 29 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 iii. Take necessary action to ensure that Grantee's future performance and work conform to the Grant Agreement requirements. 5.2 GENERAL AFFIRMATIONS Grantee certifies that, to the extent affirmations are incorporated into the Grant Agreement, the Grantee has reviewed the affirmations and that Grantee is in compliance with all requirements. 5.3 FEDERAL ASSURANCES Grantee further certifies that, to the extent federal assurances are incorporated into the Grant Agreement, the Grantee has reviewed the federal assurances and that Grantee is in compliance with all requirements. 5.4 FEDERAL CERTIFICATIONS Grantee further certifies that, to the extent federal certifications are incorporated into the Grant Agreement, the Grantee has reviewed the federal certifications and that Grantee is in compliance with all requirements. In addition, Grantee certifies that it is in compliance with all applicable federal laws, rules, and regulations, as they may pertain to this Grant Agreement. 5.5 STATE ASSURANCES Except to the extent of any conflict under applicable law or requirements or guidelines of any federal awarding agency from which funding for this Grant Agreement originated, the Grantee must comply with the applicable state assurances included within the TxGMS which are incorporated here by reference. ARTICLE VI. INTELLECTUAL PROPERTY 6.1 OWNERSHIP OF WORK PRODUCT A. All right, title, and interest in the Work Product, including all Intellectual Property Rights therein,is exclusively owned by System Agency. Grantee and Grantee's employees will have no rights in or ownership of the Work Product or any other property of System Agency. B. Any and all Work Product that is copyrightable under United States copyright law is deemed to be "work made for hire" owned by System Agency, as provided by Title 17 of the United States Code. To the extent that Work Product does not qualify as a"work made for hire" under applicable federal law, Grantee hereby irrevocably assigns and transfers to System Agency, its successors and assigns, the entire right, title, and interest in and to the Work Product, including any and all Intellectual Property Rights embodied therein or associated therewith, and in and to all works based upon, derived from, or incorporating the Work Product, and in and to all income,royalties, damages, claims and payments now or hereafter due or payable with respect thereto, and in and to all causes of action, either in law or in equity for past,present or future infringement based on the copyrights, and in and to all rights corresponding to the foregoing. C. Grantee agrees to execute all papers and to perform such other acts as System Agency may deem necessary to secure for System Agency or its designee the rights herein assigned. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 13 of 29 DocuSign Envelope ID:996C07F9-E3DD-4EA2-85EO-AFOD602E8F56 D. In the event that Grantee has any rights in and to the Work Product that cannot be assigned to System Agency, Grantee hereby grants to System Agency an exclusive, worldwide, royalty-free, transferable, irrevocable, and perpetual license, with the right to sublicense, to reproduce, distribute, modify, create derivative works of,publicly perform and publicly display, make, have made, use, sell and offer for sale the Work Product and any products developed by practicing such rights. E. The foregoing does not apply to Incorporated Pre-existing Works or Third Party IP that are incorporated in the Work Product by Grantee. Grantee shall provide System Agency access during normal business hours to all Grantee materials,premises, and computer files containing the Work Product. 6.2 GRANTEE'S PRE-EXISTING WORKS A. To the extent that Grantee incorporates into the Work Product any works of Grantee that were created by Grantee or that Grantee acquired rights in prior to the Effective Date of this Grant Agreement("Incorporated Pre-existing Works"), Grantee retains ownership of such Incorporated Pre-existing Works. B. Grantee hereby grants to System Agency an irrevocable,perpetual,non-exclusive, royalty-free,transferable,worldwide right and license, with the right to sublicense, to use, reproduce, modify, copy, create derivative works of,publish,publicly perform and display, sell, offer to sell, make and have made, the Incorporated Pre-existing Works, in any medium, with or without the associated Work Product. C. Grantee represents, warrants, and covenants to System Agency that Grantee has all necessary right and authority to grant the foregoing license in the Incorporated Pre- existing Works to System Agency. 6.3 THIRD PARTY IP A. To the extent that any Third Party IP is included or incorporated in the Work Product by Grantee, Grantee hereby grants to System Agency, or shall obtain from the applicable third party for System Agency's benefit, the irrevocable, perpetual, non-exclusive, worldwide, royalty-free right and license, for System Agency's internal business or governmental purposes only, to use, reproduce, display,perform, distribute copies of, and prepare derivative works based upon such Third Party IP and any derivative works thereof embodied in or delivered to System Agency in conjunction with the Work Product, and to authorize others to do any or all of the foregoing. B. Grantee shall obtain System Agency's advance written approval prior to incorporating any Third Party IP into the Work Product, and Grantee shall notify System Agency on delivery of the Work Product if such materials include any Third Party IP. C. Grantee shall provide System Agency all supporting documentation demonstrating Grantee's compliance with this Section 6.3,including without limitation documentation indicating a third party's written approval for Grantee to use any Third Party IP that may be incorporated in the Work Product. 6.4 AGREEMENTS WITH EMPLOYEES AND SUBCONTRACTORS Grantee shall have written, binding agreements with its employees and subcontractors that include provisions sufficient to give effect to and enable Grantee's compliance with Grantee's obligations under this Article VI, Intellectual Property. HHS Uniform Terms and Conditions-Grant v.3.2 Effective July 2022 Page 14 of 29 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 6.5 DELIVERY UPON TERMINATION OR EXPIRATION No later than the first calendar day after the termination or expiration of the Grant Agreement or upon System Agency's request, Grantee shall deliver to System Agency all completed, or partially completed, Work Product, including any Incorporated Pre-existing Works, and any and all versions thereof. Grantee's failure to timely deliver such Work Product is a material breach of the Grant Agreement. Grantee will not retain any copies of the Work Product or any documentation or other products or results of Grantee's activities under the Grant Agreement without the prior written consent of System Agency. 6.6 SURVIVAL The provisions and obligations of this Article survive any termination or expiration of the Grant Agreement. 6.7 SYSTEM AGENCY DATA A. As between the Parties, all data and information acquired, accessed, or made available to Grantee by, through, or on behalf of System Agency or System Agency contractors, including all electronic data generated,processed, transmitted, or stored by Grantee in the course of providing data processing services in connection with Grantee's performance hereunder(the"System Agency Data"), is owned solely by System Agency. B. Grantee has no right or license to use, analyze, aggregate, transmit, create derivatives of, copy, disclose, or process the System Agency Data except as required for Grantee to fulfill its obligations under the Grant Agreement or as authorized in advance in writing by System Agency. C. For the avoidance of doubt, Grantee is expressly prohibited from using, and from permitting any third party to use, System Agency Data for marketing, research, or other non-governmental or commercial purposes, without the prior written consent of System Agency. D. Grantee shall make System Agency Data available to System Agency, including to System Agency's designated vendors, as directed in writing by System Agency. The foregoing shall be at no cost to System Agency. E. Furthermore, the proprietary nature of Grantee's systems that process, store, collect, and/or transmit the System Agency Data shall not excuse Grantee's performance of its obligations hereunder. ARTICLE VII. PROPERTY 7.1 USE OF STATE PROPERTY A. Grantee is prohibited from using State Property for any purpose other than performing Services authorized under the Grant Agreement. B. State Property includes, but is not limited to, System Agency's office space, identification badges, System Agency information technology equipment and networks (e.g., laptops,portable printers, cell phones, iPads or tablets, external hard drives, data storage devices, any System Agency-issued software, and the System Agency Virtual Private Network(VPN client)), and any other resources of System Agency. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 15 of 29 DocuSign Envelope ID:996C07F9-E3DD-4EA2-85EO-AFOD602E8F56 C. Grantee shall not remove State Property from the continental United States. In addition, Grantee may not use any computing device to access System Agency's network or e- mail while outside of the continental United States. D. Grantee shall not perform any maintenance services on State Property unless the Grant Agreement expressly authorizes such Services. E. During the time that State Property is in the possession of Grantee, Grantee shall be responsible for: i. all repair and replacement charges incurred by State Agency that are associated with loss of State Property or damage beyond normal wear and tear, and ii. all charges attributable to Grantee's use of State Property that exceeds the Grant Agreement scope. Grantee shall fully reimburse such charges to System Agency within ten(10) calendar days of Grantee's receipt of System Agency's notice of amount due. Use of State Property for a purpose not authorized by the Grant Agreement shall constitute breach of contract and may result in termination of the Grant Agreement and the pursuit of other remedies available to System Agency under contract, at law, or in equity. 7.2 DAMAGE TO STATE PROPERTY A. In the event of loss,destruction, or damage to any System Agency or State of Texas owned, leased, or occupied property or equipment by Grantee or Grantee's employees, agents, Subcontractors, or suppliers, Grantee shall be liable to System Agency and the State of Texas for the full cost of repair, reconstruction, or replacement of the lost, destroyed, or damaged property. B. Grantee shall notify System Agency of the loss, destruction, or damage of equipment or property within one (1)business day. Grantee shall reimburse System Agency and the State of Texas for such property damage within ten(10) calendar days after Grantee's receipt of System Agency's notice of amount due. 7.3 PROPERTY RIGHTS UPON TERMINATION OR EXPIRATION OF CONTRACT In the event the Grant Agreement is terminated for any reason or expires, State Property remains the property of the System Agency and must be returned to the System Agency by the earlier of the end date of the Grant Agreement or upon System Agency's request. 7.4 EQUIPMENT AND PROPERTY A The Grantee must ensure equipment with a per-unit cost of$5,000 or greater purchased with grant funds under this award is used solely for the purpose of this Grant or is properly pro-rated for use under this Grant. Grantee must have control systems to prevent loss, damage, or theft of property funded under this Grant. Grantee shall maintain equipment management and inventory procedures for equipment, whether acquired in part or whole with grant funds, until disposition occurs. R When equipment acquired by Grantee under this Grant Agreement is no longer needed for the original project or for other activities currently supported by System Agency, the Grantee must properly dispose of the equipment pursuant to 2 CFR and/or TxGMS, as applicable. Upon termination of this Grant Agreement, use and disposal of equipment by the Grantee shall conform with TxGMS requirements. C. Grantee shall initiate the purchase of all equipment approved in writing by the System Agency in accordance with the schedule approved by System Agency, as applicable. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 16 of 29 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 Failure to timely initiate the purchase of equipment may result in the loss of availability of funds for the purchase of equipment. Requests to purchase previously approved equipment after the first quarter in the Grant Agreement must be submitted to the assigned System Agency contract manager. D Controlled Assets include firearms, regardless of the acquisition cost, and the following assets with an acquisition cost of$500 or more, but less than $5,000: desktop and laptop computers (including notebooks, tablets and similar devices), non-portable printers and copiers, emergency management equipment, communication devices and systems, medical and laboratory equipment, and media equipment. Controlled Assets are considered supplies. E System Agency funds must not be used to purchase buildings or real property without prior written approval from System Agency. Any costs related to the initial acquisition of the buildings or real property are not allowable without written pre-approval. ARTICLE VIII. RECORD RETENTION, AUDIT, AND CONFIDENTIALITY 8.1 RECORD MAINTENANCE AND RETENTION A. Grantee shall keep and maintain under GAAP or GASB, as applicable, full, true, and complete records necessary to fully disclose to the System Agency, the Texas State Auditor's Office, the United States Government, and their authorized representatives sufficient information to determine compliance with the terms and conditions of this Grant Agreement and all state and federal rules, regulations, and statutes. B. Grantee shall maintain and retain legible copies of this Grant Agreement and all records relating to the performance of the Grant Agreement, including supporting fiscal documents adequate to ensure that claims for grant funds are in accordance with applicable State of Texas requirements. These records shall be maintained and retained by the Grantee for a minimum of seven (7)years after the Grant Agreement expiration date or seven (7)years after all audits, claims, litigation or disputes involving the Grant Agreement are resolved, whichever is later. 8.2 AGENCY'S RIGHT TO AUDIT A. Grantee shall make available at reasonable times and upon reasonable notice, and for reasonable periods, work papers, reports, books, records, supporting documents kept current by Grantee pertaining to the Grant Agreement for purposes of inspecting, monitoring, auditing, or evaluating by System Agency and the State of Texas. B. In addition to any right of access arising by operation of law, Grantee and any of Grantee's affiliate or subsidiary organizations, or Subcontractors shall permit the System Agency or any of its duly authorized representatives, as well as duly authorized federal, state or local authorities, unrestricted access to and the right to examine any site where business is conducted or services are performed, and all records, which includes but is not limited to financial, client and patient records, books,papers or documents related to this Grant Agreement. If the Grant Agreement includes federal funds, federal agencies that shall have a right of access to records as described in this section include: the federal agency providing the funds, the Comptroller General of the United States, the General Accounting Office, the Office of the Inspector General, and any of their authorized HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 17 of 29 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 representatives. In addition, agencies of the State of Texas that shall have a right of access to records as described in this section include: the System Agency, HHS's contracted examiners, the State Auditor's Office, the Office of the Texas Attorney General, and any successor agencies. Each of these entities may be a duly authorized authority. C. If deemed necessary by the System Agency or any duly authorized authority, for the purpose of investigation or hearing, Grantee shall produce original documents related to this Grant Agreement. D. The System Agency and any duly authorized authority shall have the right to audit billings both before and after payment, and all documentation that substantiates the billings. E. Grantee shall include this provision concerning the right of access to, and examination of, sites and information related to this Grant Agreement in any Subcontract it awards. 8.3 RESPONSE/COMPLIANCE WITH AUDIT OR INSPECTION FINDINGS A. Grantee must act to ensure its and its Subcontractors' compliance with all corrections necessary to address any finding of noncompliance with any law, regulation, audit requirement, or generally accepted accounting principle, or any other deficiency identified in any audit, review, or inspection of the Grant Agreement and the services and Deliverables provided. Any such correction will be at Grantee's or its Subcontractor's sole expense. Whether Grantee's action corrects the noncompliance shall be solely the decision of the System Agency. B. As part of the services, Grantee must provide to HHS upon request a copy of those portions of Grantee's and its Subcontractors'internal audit reports relating to the services and Deliverables provided to the State under the Grant Agreement. 8.4 STATE AUDITOR'S RIGHT TO AUDIT The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the Grant Agreement or indirectly through a subcontract under the Grant Agreement. The acceptance of funds directly under the Grant Agreement or indirectly through a subcontract under the Grant Agreement acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee,to conduct an audit or investigation in connection with those funds.Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 8.5 CONFIDENTIALITY Grantee shall maintain as confidential and shall not disclose to third parties without System Agency's prior written consent, any System Agency information including but not limited to System Agency's business activities, practices, systems, conditions and services. This section will survive termination or expiration of this Grant Agreement. This requirement must be included in all subcontracts awarded by Grantee. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 18 of 29 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 ARTICLE IX. GRANT REMEDIES, TERMINATION AND PROHIBITED ACTIVITIES 9.1 REMEDIES A To ensure Grantee's full performance of the Grant Agreement and compliance with applicable law, System Agency reserves the right to hold Grantee accountable for breach of contract or substandard performance and may take remedial or corrective actions, including, but not limited to the following: i. temporarily withholding cash disbursements or reimbursements pending correction of the deficiency; ii. disallowing or denying use of funds for the activity or action deemed not to be in compliance; iii. disallowing claims for reimbursement that may require a partial or whole return of previous payments or reimbursements; iv. suspending all or part of the Grant Agreement; v. requiring the Grantee to take specific actions in order to remain in compliance with the Grant Agreement; vi. recouping payments made by the System Agency to the Grantee found to be in error; vii. suspending, limiting, or placing conditions on the Grantee's continued performance of the Project; viii. prohibiting the Grantee from receiving additional funds for other grant programs administered by the System Agency until satisfactory compliance resolution is obtained; ix. withholding release of new grant agreements; and x. imposing any other remedies, sanctions or penalties authorized under this Grant Agreement or permitted by federal or state statute, law, regulation or rule. B. Unless expressly authorized by System Agency, Grantee may not be entitled to reimbursement for expenses incurred while the Grant Agreement is suspended. C. No action taken by System Agency in exercising remedies or imposing sanctions will constitute or operate as a waiver of any other rights or remedies available to System Agency under the Grant Agreement or pursuant to law. Additionally, no action taken by System Agency in exercising remedies or imposing sanctions will constitute or operate as an acceptance, waiver, or cure of Grantee's breach. Unless expressly authorized by System Agency, Grantee may not be entitled to reimbursement for expenses incurred while the Grant Agreement is suspended or after termination. 9.2 TERMINATION FOR CONVENIENCE The System Agency may terminate the Grant Agreement, in whole or in part, at any time when, in its sole discretion, the System Agency determines that termination is in the best interests of the State of Texas. The termination will be effective on the date specified in the System Agency's notice of termination. 9.3 TERMINATION FOR CAUSE A. Except as otherwise provided by the U.S. Bankruptcy Code, or any successor law, the System Agency may terminate the Grant Agreement, in whole or in part,upon either of the following conditions: HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 19 of 29 DocuSign Envelope ID:996C07F9-E3DD-4EA2-85EO-AFOD602E8F56 i. Material Breach The System Agency may terminate the Grant Agreement, in whole or in part, if the System Agency determines, in its sole discretion, that Grantee has materially breached the Grant Agreement or has failed to adhere to any laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, whether or not such violation prevents or substantially impairs performance of Grantee's duties under the Grant Agreement. Grantee's misrepresentation in any aspect including, but not limited to, of Grantee's Solicitation Application, if any, or Grantee's addition to the SAM exclusion list(identification in SAM as an excluded entity) may also constitute a material breach of the Grant Agreement. ii. Failure to Maintain Financial Viability The System Agency may terminate the Grant Agreement if the System Agency, in its sole discretion, determines that Grantee no longer maintains the financial viability required to complete the services and deliverables, or otherwise fully perform its responsibilities under the Grant Agreement. B. System Agency will specify the effective date of such termination in the notice to Grantee. If no effective date is specified, the Grant Agreement will terminate on the date of the notification. 9.4 GRANTEE RESPONSIBILITY FOR SYSTEM AGENCY'S TERMINATION COSTS If the System Agency terminates the Grant Agreement for cause, the Grantee shall be responsible to the System Agency for all costs incurred by the System Agency and the State of Texas to replace the Grantee. These costs include, but are not limited to, the costs of procuring a substitute grantee and the cost of any claim or litigation attributable to Grantee's failure to perform any work in accordance with the terms of the Grant Agreement. 9.5 INHERENTLY RELIGIOUS ACTIVITIES Grantee may not use grant funding to engage in inherently religious activities, such as proselytizing, scripture study, or worship. Grantees may engage in inherently religious activities; however, these activities must be separate in time or location from the grant- funded program. Moreover, grantees must not compel program beneficiaries to participate in inherently religious activities. These requirements apply to all grantees, not just faith-based organizations. 9.6 POLITICAL ACTIVITIES Grant funds cannot be used for the following activities: A. Grantees and their relevant sub-grantees or subcontractors are prohibited from using grant funds directly or indirectly for political purposes, including lobbying, advocating for legislation, campaigning for, endorsing, contributing to, or otherwise supporting political candidates or parties, and voter registration campaigns. Grantees may use private, or non-System Agency money or contributions for political purposes but may not charge to, or be reimbursed from, System Agency contracts or grants for the costs of such activities. B. Grant-funded employees may not use official authority or influence to achieve any political purpose and grant funds cannot be used for the salary, benefits, or any other compensation of an elected official. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 20 of 29 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 C. Grant funds may not be used to employ, in any capacity, a person who is required by Chapter 305 of the Texas Government Code to register as a lobbyist. Additionally, grant funds cannot be used to pay membership dues to an organization that partially or wholly pays the salary of a person who is required by Chapter 305 of the Texas Government Code to register as a lobbyist. D. As applicable, Grantee will comply with 31 USC § 1352, relating to the limitation on use of appropriated funds to influence certain Federal contracting and financial transactions. ARTICLE X. INDEMNITY 10.1 GENERAL INDEMNITY A. GRANTEE SHALL DEFEND,INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND SYSTEM AGENCY,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, ATTORNEYS' 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 GRANT AGREEMENT AND ANY PURCHASE ORDERS ISSUED UNDER THE GRANT AGREEMENT. B. THIS PARAGRAPH IS NOT INTENDED TO AND WILL NOT BE CONSTRUED TO REQUIRE GRANTEE TO INDEMNIFY OR HOLD HARMLESS THE STATE OR THE SYSTEM AGENCY FOR ANY CLAIMS OR LIABILITIES RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF THE SYSTEM AGENCY OR ITS EMPLOYEES. C. For the avoidance of doubt,System Agency shall not indemnify Grantee or any other entity under the Grant Agreement. 10.2 INTELLECTUAL PROPERTY GRANTEE SHALL DEFEND,INDEMNIFY,AND HOLD HARMLESS THE SYSTEM AGENCY AND THE STATE OF TEXAS FROM AND AGAINST ANY AND ALL CLAIMS,VIOLATIONS,MISAPPROPRIATIONS, OR INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS AND/OR OTHER INTANGIBLE PROPERTY,PUBLICITY OR PRIVACY RIGHTS,AND/OR IN CONNECTION WITH OR ARISING FROM: i THE PERFORMANCE OR ACTIONS OF GRANTEE PURSUANT TO THIS GRANT AGREEMENT; i ANY DELIVERABLE,WORK PRODUCT, CONFIGURED SERVICE OR OTHER SERVICE PROVIDED HEREUNDER; AND/OR R SYSTEM AGENCY'S AND/OR GRANTEE'S USE OF OR ACQUISITION OF ANY REQUESTED SERVICES OR OTHER ITEMS PROVIDED TO SYSTEM AGENCY BY GRANTEE OR OTHERWISE TO WHICH SYSTEM HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 21 of 29 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 AGENCY HAS ACCESS AS A RESULT OF GRANTEE'S PERFORMANCE UNDER THE GRANT AGREEMENT. 10.3 ADDITIONAL INDEMNITY PROVISIONS A. GRANTEE AND SYSTEM AGENCY AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY INDEMNITY CLAIM. GRANTEE SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE, INCLUDING ATTORNEYS' FEES. B. THE DEFENSE SHALL BE COORDINATED BY THE GRANTEE WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL 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 OFFICE OF THE TEXAS ATTORNEY GENERAL. C. GRANTEE SHALL REIMBURSE SYSTEM AGENCY AND THE STATE OF TEXAS FOR ANY CLAIMS,DAMAGES, COSTS,EXPENSES OR OTHER AMOUNTS, INCLUDING, BUT NOT LIMITED TO,ATTORNEYS' FEES AND COURT COSTS,ARISING FROM ANY SUCH CLAIM. IF THE SYSTEM AGENCY DETERMINES THAT A CONFLICT EXISTS BETWEEN ITS INTERESTS AND THOSE OF GRANTEE OR IF SYSTEM AGENCY IS REQUIRED BY APPLICABLE LAW TO SELECT SEPARATE COUNSEL, SYSTEM AGENCY WILL BE PERMITTED TO SELECT SEPARATE COUNSEL AND GRANTEE SHALL PAY ALL REASONABLE COSTS OF SYSTEM AGENCY'S COUNSEL. ARTICLE XI. GENERAL PROVISIONS 11.1 AMENDMENTS Except as otherwise expressly provided, the Grant Agreement may only be amended by a written Amendment executed by both Parties. 11.2 NO QUANTITY GUARANTEES The System Agency makes no guarantee of volume or usage of work under this Grant Agreement. All work requested may be on an irregular and as needed basis throughout the Grant Agreement term. 11.3 CHILD ABUSE REPORTING REQUIREMENTS A. Grantees shall comply with child abuse and neglect reporting requirements in Texas Family Code Chapter 261. This section is in addition to and does not supersede any other legal obligation of the Grantee to report child abuse. B. Grantee shall use the Texas Abuse Hotline Website located at https:///www.txabusehotline.org/Login/Default.aspx as required by the System Agency. Grantee shall retain reporting documentation on site and make it available for inspection by the System Agency. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 22 of 29 DocuSign Envelope ID:996C07F9-E3DD-4EA2-85EO-AFOD602E8F56 11.4 CERTIFICATION OF MEETING OR EXCEEDING TOBACCO-FREE WORKPLACE POLICY MINIMUM STANDARDS A. Grantee certifies that it has adopted and enforces a Tobacco-Free Workplace Policy that meets or exceeds all of the following minimum standards of: i. Prohibiting the use of all forms of tobacco products, including but not limited to cigarettes, cigars,pipes, water pipes (hookah), bidis, kreteks, electronic cigarettes, smokeless tobacco, snuff and chewing tobacco; ii. Designating the property to which this Policy applies as a "designated area," which must at least comprise all buildings and structures where activities funded under this Grant Agreement are taking place, as well as Grantee owned, leased, or controlled sidewalks,parking lots, walkways, and attached parking structures immediately adjacent to this designated area; iii. Applying to all employees and visitors in this designated area; and iv. Providing for or referring its employees to tobacco use cessation services. B. If Grantee cannot meet these minimum standards, it must obtain a waiver from the System Agency. 11.5 INSURANCE AND BONDS Unless otherwise specified in this Contract, Grantee shall acquire and maintain, for the duration of this Contract, insurance coverage necessary to ensure proper fulfillment of this Contract and potential liabilities thereunder with financially sound and reputable insurers licensed by the Texas Department of Insurance, in the type and amount customarily carried within the industry as determined by the System Agency. Grantee shall provide evidence of insurance as required under this Contract,including a schedule of coverage or underwriter's schedules establishing to the satisfaction of the System Agency the nature and extent of coverage granted by each such policy, upon request by the System Agency. In the event that any policy is determined by the System Agency to be deficient to comply with the terms of this Contract, Grantee shall secure such additional policies or coverage as the System Agency may reasonably request or that are required by law or regulation. If coverage expires during the term of this Contract,Grantee must produce renewal certificates for each type of coverage. In addition, if required by System Agency, Grantee must obtain and have on file a blanket fidelity bond that indemnifies System Agency against the loss or theft of any grant funds, including applicable matching funds. The fidelity bond must cover the entirety of the grant term and any subsequent renewals. The failure of Grantee to comply with these requirements may subject Grantee to remedial or corrective actions detailed in section 10.1, General Indemnity, above. These and all other insurance requirements under the Grant apply to both Grantee and its Subcontractors, if any. Grantee is responsible for ensuring its Subcontractors' compliance with all requirements. 11.6 LIMITATION ON AUTHORITY A. Grantee shall not have any authority to act for or on behalf of the System Agency or the State of Texas except as expressly provided for in the Grant Agreement; no other authority, power, or use is granted or implied. Grantee may not incur any debt, HHS Uniform Terms and Conditions-Grant v.3.2 Effective July 2022 Page 23 of 29 DocuSign Envelope ID:996C07F9-E3DD-4EA2-85EO-AFOD602E8F56 obligation, expense, or liability of any kind on behalf of System Agency or the State of Texas. B. Grantee may not rely upon implied authority and is not granted authority under the Grant Agreement to: i. Make public policy on behalf of the System Agency; ii. Promulgate, amend, or disregard administrative regulations or program policy decisions made by State and federal agencies responsible for administration of a System Agency program; or iii. Unilaterally communicate or negotiate with any federal or state agency or the Texas Legislature on behalf of the System Agency regarding System Agency programs or the Grant Agreement. However, upon System Agency request and with reasonable notice from System Agency to the Grantee, the Grantee shall assist the System Agency in communications and negotiations regarding the Work under the Grant Agreement with state and federal governments. 11.7 CHANGE IN LAWS AND COMPLIANCE WITH LAWS Grantee shall comply with all laws, regulations, requirements and guidelines applicable to a Grantee providing services and products required by the Grant Agreement to the State of Texas, as these laws,regulations,requirements and guidelines currently exist and as amended throughout the term of the Grant Agreement. Notwithstanding Section 11.1,Amendments, above, System Agency reserves the right, in its sole discretion,to unilaterally amend the Grant Agreement to incorporate any modifications necessary for System Agency's compliance, as an agency of the State of Texas, with all applicable state and federal laws, regulations, requirements and guidelines. 11.8 SUBCONTRACTORS Grantee may not subcontract any or all of the Work and/or obligations under the Grant Agreement without prior written approval of the System Agency. Subcontracts, if any, entered into by the Grantee shall be in writing and be subject to the requirements of the Grant Agreement. Should Grantee subcontract any of the services required in the Grant Agreement, Grantee expressly understands and acknowledges System Agency is in no manner liable to any subcontractor(s) of Grantee. In no event shall this provision relieve Grantee of the responsibility for ensuring that the services performed under all subcontracts are rendered in compliance with the Grant Agreement. 11.9 PERMITTING AND LICENSURE At Grantee's sole expense, Grantee shall procure and maintain for the duration of this Grant Agreement any state, county, city, or federal license, authorization, insurance, waiver, permit, qualification or certification required by statute, ordinance, law, or regulation to be held by Grantee to provide the goods or services required by this Grant Agreement. Grantee shall be responsible for payment of all taxes, assessments, fees,premiums, permits, and licenses required by law. Grantee shall be responsible for payment of any such government obligations not paid by its Subcontractors during performance of this Grant Agreement. 11.10 INDEPENDENT CONTRACTOR Grantee and Grantee's employees, representatives, agents, Subcontractors, suppliers, and third-party service providers shall serve as independent contractors in providing the services HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 24 of 29 DocuSign Envelope ID:996C07F9-E3DD-4EA2-85EO-AFOD602E8F56 under the Grant Agreement. Neither Grantee nor System Agency is an agent of the other and neither may make any commitments on the other party's behalf. The Grantee is not a "governmental body" solely by virtue of this Grant Agreement or receipt of grant funds under this Grant Agreement. Grantee shall have no claim against System Agency for vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind. The Grant Agreement shall not create any joint venture,partnership, agency, or employment relationship between Grantee and System Agency. 11.11 GOVERNING LAW AND VENUE The Grant 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 the Grant Agreement is fixed in any court of competent jurisdiction of Travis County, Texas, unless the specific venue is otherwise identified in a statute which directly names or otherwise identifies its applicability to the System Agency. 11.12 SEVERABILITY If any provision contained in this Grant Agreement is held to be unenforceable by a court of law or equity, such construction will not affect the legality, validity, or enforceability of any other provision or provisions of this Grant Agreement. It is the intent and agreement of the Parties this Grant Agreement shall be deemed amended by modifying such provision to the extent necessary to render it valid, legal and enforceable while preserving its intent or, if such modification is not possible,by substituting another provision that is valid,legal and enforceable and that achieves the same objective. All other provisions of this Grant Agreement will continue in full force and effect. 11.13 SURVIVABILITY Expiration or termination of the Grant Agreement for any reason does not release Grantee from any liability or obligation set forth in the Grant Agreement that is expressly stated to survive any such expiration or termination,that by its nature would be intended to be applicable following any such expiration or termination, or that is necessary to fulfill the essential purpose of the Grant Agreement, including without limitation the provisions regarding return of grant funds, audit requirements, records retention, public information, warranty, indemnification, confidentiality, and rights and remedies upon termination. 11.14 FORCE MAJEURE Neither Grantee nor System Agency shall be liable to the other for any delay in, or failure of performance, of any requirement included in the Grant Agreement caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed provided the non-performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 25 of 29 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 11.15 NO IMPLIED WAIVER OF PROVISIONS The failure of the System Agency to object to or to take affirmative action with respect to any conduct of the Grantee which is in violation or breach of the terms of the Grant Agreement shall not be construed as a waiver of the violation or breach, or of any future violation or breach. 11.16 FUNDING DISCLAIMERS AND LABELING A. Grantee shall not use System Agency's name or refer to System Agency directly or indirectly in any media appearance,public service announcement, or disclosure relating to this Grant Agreement including any promotional material without first obtaining written consent from System Agency. The foregoing prohibition includes, without limitation, the placement of banners, pop-up ads, or other advertisements promoting Grantee's or a third party's products, services, workshops, trainings, or other commercial offerings on any website portal or internet-based service or software application hosted or managed by Grantee. This does not limit the Grantee's responsibility to comply with obligations related to the Texas Public Information Act or Texas Open Meetings Act. B. In general, no publication (including websites, reports,projects, etc.) may convey System Agency's recognition or endorsement of the Grantee's project without prior written approval from System Agency. Publications funded in part or wholly by HHS grant funding must include a statement that"HHS and neither any of its components operate, control, are responsible for, or necessarily endorse, this publication (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)" at HHS's request. 11.17 MEDIA RELEASES A. Grantee shall not use System Agency's name, logo, or other likeness in any press release, marketing material or other announcement without System Agency's prior written approval. System Agency does not endorse any vendor,commodity, or service. Grantee is not authorized to make or participate in any media releases or public announcements pertaining to this Grant Agreement or the Services to which they relate without System Agency's prior written consent, and then only in accordance with explicit written instruction from System Agency. B. Grantee may publish, at its sole expense, results of Grantee performance under the Grant Agreement with the System Agency's prior review and approval, which the System Agency may exercise at its sole discretion. Any publication (written, visual, or sound) will acknowledge the support received from the System Agency and any Federal agency, as appropriate. 11.18 PROHIBITION ON NON-COMPETE RESTRICTIONS Grantee shall not require any employees or Subcontractors to agree to any conditions, such as non-compete clauses or other contractual arrangements, that would limit or restrict such persons or entities from employment or contracting with the State of Texas. 11.19 SOVEREIGN IMMUNITY Nothing in the Grant Agreement will be construed as a waiver of the System Agency's or the State's sovereign immunity. This Grant Agreement shall not constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to the HHS Uniform Terms and Conditions-Grant v.3.2 Effective July 2022 Page 26 of 29 DocuSign Envelope ID:996C07F9-E3DD-4EA2-85EO-AFOD602E8F56 System Agency or the State of Texas. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to the System Agency or the State of Texas under the Grant Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. System Agency does not waive any privileges, rights, defenses, or immunities available to System Agency by entering into the Grant Agreement or by its conduct prior to or subsequent to entering into the Grant Agreement. 11.20 ENTIRE CONTRACT AND MODIFICATION The Grant Agreement constitutes the entire agreement of the Parties and is intended as a complete and exclusive statement of the promises,representations,negotiations,discussions, and other agreements that may have been made in connection with the subject matter hereof. Any additional or conflicting terms in any future document incorporated into the Grant Agreement will be harmonized with this Grant Agreement to the extent possible. 11.21 COUNTERPARTS This Grant Agreement may be executed in any number of counterparts, each of which will be an original, and all such counterparts will together constitute but one and the same Grant Agreement. 11.22 PROPER AUTHORITY Each Party represents and warrants that the person executing this Grant Agreement on its behalf has full power and authority to enter into this Grant Agreement. 11.23 E-VERIFY PROGRAM Grantee certifies that it utilizes and will continue to utilize the U.S. Department of Homeland Security's E-Verify system to determine the eligibility of: A. all persons employed to perform duties within Texas during the term of the Grant Agreement; and B. all persons, (including subcontractors) assigned by the Grantee to perform work pursuant to the Grant Agreement within the United States of America. 11.24 CIVIL RIGHTS A. Grantee agrees to comply with state and federal anti-discrimination laws, including: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.); ii. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794); iii. Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); iv. Age Discrimination Act of 1975 (42 U.S.C. §§6101-6107); v. Title IX of the Education Amendments of 1972 (20 U.S.C. §§1681-1688); vi. Food and Nutrition Act of 2008 (7 U.S.C. §2011 et seq.); and vii. The System Agency's administrative rules, as set forth in the Texas Administrative Code, to the extent applicable to this Grant Agreement. B. Grantee agrees to comply with all amendments to the above-referenced laws, and all requirements imposed by the regulations issued pursuant to these laws. These laws provide in part that no persons in the United States may, on the grounds of race, color, national origin, sex, age, disability,political beliefs, or religion, be excluded from HHS Uniform Terms and Conditions-Grant v.3.2 Effective July 2022 Page 27 of 29 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 participation in or denied any aid, care, service or other benefits provided by Federal or State funding, or otherwise be subjected to discrimination. C. Grantee agrees to comply with Title VI of the Civil Rights Act of 1964, and its implementing regulations at 45 C.F.R. Part 80 or 7 C.F.R. Part 15,prohibiting a contractor from adopting and implementing policies and procedures that exclude or have the effect of excluding or limiting the participation of clients in its programs, benefits, or activities on the basis of national origin. State and federal civil rights laws require contractors to provide alternative methods for ensuring access to services for applicants and recipients who cannot express themselves fluently in English. Grantee agrees to take reasonable steps to provide services and information, both orally and in writing, in appropriate languages other than English, in order to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits, and activities. D. Grantee agrees to post applicable civil rights posters in areas open to the public informing clients of their civil rights and including contact information for the HHS Civil Rights Office. The posters are available on the HHS website at: hllps://hhs.texas.gov/about-hhs/your-rights/civil-rights-office/civil//hhs.texas.gov/about-hhs/your-ri ghts/civi l-ri ghts-offi ce/civi l-ri ghts-posters. E. Grantee agrees to comply with Executive Order 13279, and its implementing regulations at 45 C.F.R. Part 87 or 7 C.F.R. Part 16. These provide in part that any organization that participates in programs funded by direct financial assistance from the United States Department of Agriculture or the United States Department of Health and Human Services shall not discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. F. Upon request, Grantee shall provide HHSC's Civil Rights Office with copies of the Grantee's civil rights policies and procedures. G. Grantee must notify HHSC's Civil Rights Office of any complaints of discrimination received relating to its performance under this Grant Agreement. This notice must be delivered no more than ten (10) calendar days after receipt of a complaint. Notice provided pursuant to this section must be directed to: HHSC Civil Rights Office 701 W. 51st Street, Mail CodeW206 Austin, Texas 78751 Phone Toll Free: (888) 388-6332 Phone: (512) 438-4313 Fax: (512)438-5885 Email: HHSCivilRightsOffice@hhsc.state.tx.us. 11.25 ENTERPRISE INFORMATION MANAGEMENT STANDARDS Grantee shall conform to HHS standards for data management as described by the policies of the HHS Office of Data, Analytics, and Performance. These include, but are not limited to, standards for documentation and communication of data models, metadata, and other data definition methods that are required by HHS for ongoing data governance, strategic portfolio analysis, interoperability planning, and valuation of HHS System data assets. 11.26 DISCLOSURE OF LITIGATION A. The Grantee must disclose in writing to the contract manager assigned to this Grant Agreement any material civil or criminal litigation or indictment either threatened or HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 28 of 29 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 pending involving the Grantee. "Threatened litigation" as used herein shall include governmental investigations and civil investigative demands. "Litigation" as used herein shall include administrative enforcement actions brought by governmental agencies. The Grantee must also disclose any material litigation threatened or pending involving Subcontractors, consultants, and/or lobbyists. For purposes of this section, "material" refers, but is not limited, to any action or pending action that a reasonable person knowledgeable in the applicable industry would consider relevant to the Work under the Grant Agreement or any development such a person would want to be aware of in order to stay fully apprised of the total mix of information relevant to the Work, together with any litigation threatened or pending that may result in a substantial change in the Grantee's financial condition. B. This is a continuing disclosure requirement; any litigation commencing after Grant Agreement Award must be disclosed in a written statement to the assigned contract manager within seven calendar days of its occurrence. 11.27 No THIRD PARTY BENEFICIARIES The Grant Agreement is made solely and specifically among and for the benefit of the Parties named herein and their respective successors and assigns, and no other person shall have any right, interest, or claims hereunder or be entitled to any benefits pursuant to or on account of the Grant Agreement as a third-party beneficiary or otherwise. 11.28 BINDING EFFECT The Grant Agreement shall inure to the benefit of, be binding upon, and be enforceable against each Party and their respective permitted successors, assigns, transferees, and delegates. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 29 of 29 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 HHS DATA USE AGREEMENT This Data Use Agreement("DUA"), effective as of the date the Base Contract into which it is incorporated is signed ("Effective Date"), is entered into by and between a Texas Health and Human Services Enterprise agency ("HHS"), and the Contractor identified in the Base Contract, a political subdivision of the State of Texas ("CONTRACTOR"). ARTICLE 1. PURPOSE;APPLICABILITY; ORDER OF PRECEDENCE The purpose of this DUA is to facilitate creation, receipt, maintenance, use, disclosure or access to Confidential Information with CONTRACTOR, and describe CONTRACTOR's rights and obligations with respect to the Confidential Information.45 CFR 164.504(e)(1)-(3). This DUA also describes HHS's remedies in the event of CONTRACTOR's noncompliance with its obligations under this DUA. This DUA applies to both Business Associates and contractors who are not Business Associates who create, receive, maintain, use, disclose or have access to Confidential Information on behalf of HHS, its programs or clients as described in the Base Contract. As of the Effective Date of this DUA, if any provision of the Base Contract, including any General Provisions or Uniform Terms and Conditions, conflicts with this DUA,this DUA controls. ARTICLE 2. DEFINITIONS For the purposes of this DUA, capitalized, underlined terms have the meanings set forth in the following: Health Insurance Portability and Accountability Act of 1996,Public Law 104-191 (42 U.S.C. §1320d, et seq.) and regulations thereunder in 45 CFR Parts 160 and 164, including all amendments,regulations and guidance issued thereafter; The Social Security Act, including Section 1137 (42 U.S.C. §§ 1320b-7), Title XVI of the Act; The Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, 5 U.S.C. § 552a and regulations and guidance thereunder; Internal Revenue Code, Title 26 of the United States Code and regulations and publications adopted under that code, including IRS Publication 1075; OMB Memorandum 07-18; Texas Business and Commerce Code Ch. 521; Texas Government Code, Ch. 552, and Texas Government Code §2054.1125. In addition,the following terms in this DUA are defined as follows: "Authorized Purpose" means the specific purpose or purposes described in the Statement of Work of the Base Contract for CONTRACTOR to fulfill its obligations under the Base Contract, or any other purpose expressly authorized by HHS in writing in advance. "Authorized User"means a Person: (1) Who is authorized to create, receive, maintain, have access to, process, view, handle, examine, interpret, or analyze Confidential Information pursuant to this DUA; HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 1 of 15 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 (2) For whom CONTRACTOR warrants and represents has a demonstrable need to create, receive, maintain, use, disclose or have access to the Confidential Information; and (3) Who has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information as required by this DUA. "Confidential Information" means any communication or record (whether oral, written, electronically stored or transmitted, or in any other form) provided to or made available to CONTRACTOR, or that CONTRACTOR may,for an Authorized Purpose,create,receive,maintain, use, disclose or have access to, that consists of or includes any or all of the following: (1) Client Information; (2) Protected Health Information in any form including without limitation, Electronic Protected Health Information or Unsecured Protected Health Information (herein"PHP'); (3) Sensitive Personal Information defined by Texas Business and Commerce Code Ch. 521; (4) Federal Tax Information; (5) Individually Identifiable Health Information as related to HIPAA, Texas HIPAA and Personal Identifying Information under the Texas Identity Theft Enforcement and Protection Act; (6) Social Security Administration Data, including, without limitation, Medicaid information; (7) All privileged work product; (8) All information designated as confidential under the constitution and laws of the State of Texas and of the United States, including the Texas Health & Safety Code and the Texas Public Information Act, Texas Government Code, Chapter 552. "Legally Authorized Representative"of the Individual, as defined by Texas law,including as provided in 45 CFR 435.923 (Medicaid); 45 CFR 164.502(g)(1) (HIPAA); Tex. Occ. Code § 151.002(6); Tex. H. & S. Code §166.164; and Estates Code Ch. 752. ARTICLE 3. CONTRACTOR'S DUTIES REGARDING CONFIDENTIAL INFORMATION 3,01 Obligations of CONTRACTOR CONTRACTOR agrees that: (A) CONTRACTOR will exercise reasonable care and no less than the same degree of care CONTRACTOR uses to protect its own confidential, proprietary and trade secret information to prevent any portion of the Confidential Information from being used in HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 2 of 15 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 a manner that is not expressly an Authorized Purpose under this DUA or as Required by 45 CFR 164.502(b)(1); 45 CFR 164.514(d) (B) Except as Required by Law,CONTRACTOR will not disclose or allow access to any portion of the Confidential Information to any Person or other entity, other than Authorized User's Workforce or Subcontractors (as defined in 45 CER 160.103) of CONTRACTOR who have completed training in confidentiality, privacy, security and the importance of promptly reporting any Event or Breach to CONTRACTOR's management,to carry out CONTRACTOR's obligations in connection with the Authorized Purpose. HHS, at its election, may assist CONTRACTOR in training and education on specific or unique HHS processes, systems and/or requirements. CONTRACTOR will produce evidence of completed training to HHS upon request. 45 C.F.R. 164.308(a)(5)(i); Texas Health & Safety Code§181.101 All of CONTRACTOR's Authorized Users, Workforce and Subcontractors with access to a state computer system or database will complete a cybersecurity training program certified under Texas Government Code Section 2054.519 by the Texas Department of Information Resources or offered under Texas Government Code Sec. 2054.519(f). (C) CONTRACTOR will establish, implement and maintain appropriate sanctions against any member of its Workforce or Subcontractor who fails to comply with this DUA, the Base Contract or applicable law. CONTRACTOR will maintain evidence of sanctions and produce it to HHS upon request.45 C.ER. 164.308(a)(1)(h)(C); 164.530(e); 164.410(b); 164.530(b)(1) (D) CONTRACTOR will not, except as otherwise permitted by this DUA, disclose or provide access to any Confidential Information on the basis that such act is Required by Law without notifying either HHS or CONTRACTOR's own legal counsel to determine whether CONTRACTOR should object to the disclosure or access and seek appropriate relief. CONTRACTOR will maintain an accounting of all such requests for disclosure and responses and provide such accounting to HHS within 48 hours of HHS' request. 45 CFR 164.504(e)(2)(h)(A) (E) CONTRACTOR will not attempt to re-identify or further identify Confidential Information or De-identified Information, or attempt to contact any Individuals whose records are contained in the Confidential Information except for an Authorized Purpose, without express written authorization from HHS or as expressly permitted by the Base Contract. 45 CFR 164.502(d)(2)(i) and (ii) CONTRACTOR will not engage in prohibited marketing or sale of Confidential Information. 45 CFR 164.501, 164.508(a)(3) and(4); Texas Health &Safety Code Ch. 181.002 (F) CONTRACTOR will not permit, or enter into any agreement with a Subcontractor to, create, receive, maintain, use, disclose, have access to or transmit Confidential Information to carry out CONTRACTOR's obligations in connection with the Authorized Purpose on behalf of CONTRACTOR, unless Subcontractor agrees to comply HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 3of15 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 with all applicable laws, rules and regulations. 45 CFR 164.502(e)(1)(ii); 164.504(e)(1)(i) and(2). (G) CONTRACTOR is directly responsible for compliance with,and enforcement of, all conditions for creation, maintenance, use, disclosure, transmission and Destruction of Confidential Information and the acts or omissions of Subcontractors as may be reasonably necessary to prevent unauthorized use. 45 CFR 164.504(e)(5); 42 CFR 431.300, et seq. (H) If CONTRACTOR maintains PHI in a Designated Record Set which is Confidential Information and subject to this Agreement, CONTRACTOR will make PHI available to HHS in a Designated Record Set upon request. CONTRACTOR will provide PHI to an Individual, or Legally Authorized Representative of the Individual who is requesting PHI in compliance with the requirements of the HIPAA Privacy Regulations. CONTRACTOR will release PHI in accordance with the HIPAA Privacy Regulations upon receipt of a valid written authorization. CONTRACTOR will make other Confidential Information in CONTRACTOR's possession available pursuant to the requirements of HIPAA or other applicable law upon a determination of a Breach of Unsecured PHI as defined in HIPAA. CONTRACTOR will maintain an accounting of all such disclosures and provide it to HHS within 48 hours of HHS'request. 45 CFR 164.524and 164.504(e)(2)(h)(E). (I) If PHI is subject to this Agreement, CONTRACTOR will make PHI as required by HIPAA available to HHS for review subsequent to CONTRACTOR's incorporation of any amendments requested pursuant to HIPAA. 45 CFR 164 504(e)(2)(ii)(E) and(F). (J) If PHI is subj ect to this Agreement, CONTRACTOR will document and make available to HHS the PHI required to provide access, an accounting of disclosures or amendment in compliance with the requirements of the HIPAA Privacy Regulations. 45 CFR 164 504(e)(2)(ii)(G) and 164 528. (K) If CONTRACTOR receives a request for access, amendment or accounting of PHI from an individual with a right of access to information subject to this DUA, it will respond to such request in compliance with the HIPAA Privacy Regulations. CONTRACTOR will maintain an accounting of all responses to requests for access to or amendment of PHI and provide it to HHS within 48 hours of HHS' request. 45 CFR 164.504(e)(2). (L) CONTRACTOR will provide, and will cause its Subcontractors and agents to provide, to HHS periodic written certifications of compliance with controls and provisions relating to information privacy, security and breach notification, including without limitation information related to data transfers and the handling and disposal of Confidential Information. 45 CFR 164.308; 164.530(c); 1 TAC 202. (M) Except as otherwise limited by this DUA, the Base Contract, or law applicable to the Confidential Information, CONTRACTOR may use PHI for the proper management and administration of CONTRACTOR or to carry out CONTRACTOR's HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 4 of 15 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 legal responsibilities. Except as otherwise limited by this DUA, the Base Contract, or law applicable to the Confidential Information, CONTRACTOR may disclose PHI for the proper management and administration of CONTRACTOR, or to carry out CONTRACTOR's legal responsibilities, if. 45 CFR 164.504(e)(4)(A). (1) Disclosure is Required by Law provided that CONTRACTOR complies with Section 3.01(D); or (2) CONTRACTOR obtains reasonable assurances from the person or entity to which the information is disclosed that the person or entity will: (a)Maintain the confidentiality of the Confidential Information in accordance with this DUA; (b) Use or further disclose the information only as Required by Law or for the Authorized Purpose for which it was disclosed to the Person; and (c)Notify CONTRACTOR in accordance with Section 4.01 of any Event or Breach of Confidential Information of which the Person discovers or should have discovered with the exercise of reasonable diligence. 45 CFR I64.504(e)(4)(ii)(B). (N) Except as otherwise limited by this DUA, CONTRACTOR will, if required by law and requested by HHS,use commercially reasonable efforts to use PHI to provide data aggregation services to HHS, as that term is defined in the HIPAA, 45 C.F.R. §164.501 and permitted by HIPAA. 45 CFR 164.504(e)(2)(i)(B) (0) CONTRACTOR will, on the termination or expiration of this DUA or the Base Contract, at its expense, send to HHS or Destroy, at HHS's election and to the extent reasonably feasible and permissible by law, all Confidential Information received from HHS or created or maintained by CONTRACTOR or any of CONTRACTOR's agents or Subcontractors on HHS's behalf if that data contains Confidential Information. CONTRACTOR will certify in writing to HHS that all the Confidential Information that has been created, received, maintained, used by or disclosed to CONTRACTOR, has been Destroyed or sent to HHS, and that CONTRACTOR and its agents and Subcontractors have retained no copies thereof. Notwithstanding the foregoing, HHS acknowledges and agrees that CONTRACTOR is not obligated to send to HHSC and/or Destroy any Confidential Information if federal law, state law, the Texas State Library and Archives Commission records retention schedule, and/or a litigation hold notice prohibit such delivery or Destruction. If such delivery or Destruction is not reasonably feasible, or is impermissible by law, CONTRACTOR will immediately notify HHS of the reasons such delivery or Destruction is not feasible, and agree to extend indefinitely the protections of this DUAto the Confidential Information and limit its further uses and disclosures to the purposes that make the return delivery or Destruction of the Confidential Information not feasible for as long as CONTRACTOR maintains such Confidential Information. 45 CFR 164.504(e)(2)(h)(j HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 5of15 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 (P) CONTRACTOR will create, maintain, use, disclose, transmit or Destroy Confidential Information in a secure fashion that protects against any reasonably anticipated threats or hazards to the security or integrity of such information or unauthorized uses. 45 CFR 164.306; 164.530(c) (Q) If CONTRACTOR accesses, transmits, stores, and/or maintains Confidential Information, CONTRACTOR will complete and return to HHS at infosecurity@hhsc.state.tx.us the HHS information security and privacy initial inquiry(SPI) at Attachment I . The SPI identifies basic privacy and security controls with which CONTRACTOR must comply to protect HHS Confidential Information. CONTRACTOR will comply with periodic security controls compliance assessment and monitoring by HHS as required by state and federal law, based on the type of Confidential Information CONTRACTOR creates, receives, maintains, uses, discloses or has access to and the Authorized Purpose and level of risk. CONTRACTOR's security controls will be based on the National Institute of Standards and Technology (NIST) Special Publication 800-53. CONTRACTOR will update its security controls assessment whenever there are significant changes in security controls for HHS Confidential Information and will provide the updated document to HHS. HHS also reserves the right to request updates as needed to satisfy state and federal monitoring requirements. 45 CFR 164.306. (R) CONTRACTOR will establish, implement and maintain reasonable procedural, administrative, physical and technical safeguards to preserve and maintain the confidentiality,integrity, and availability of the Confidential Information, and with respect to PHI, as described in the HIPAA Privacy and Security Regulations, or other applicable laws or regulations relating to Confidential Information, to prevent any unauthorized use or disclosure of Confidential Information as long as CONTRACTOR has such Confidential Information in its actual or constructive possession. 45 CFR 164.308 (administrative safeguards); 164.310 (physical safeguards); 164.312 (technical safeguards); 164.530(c)(privacy safeguards). (S) CONTRACTOR will designate and identify, a Person or Persons, as Privacy Official 45 CFR 164.530(a)(1) and Information Security Official, each of whom is authorized to act on behalf of CONTRACTOR and is responsible for the development and implementation of the privacy and security requirements in this DUA. CONTRACTOR will provide name and current address, phone number and e-mail address for such designated officials to HHS upon execution of this DUA and prior to any change. If such persons fail to develop and implement the requirements of the DUA, CONTRACTOR will replace them upon HHS request. 45 CFR 164.308(a)(2). (T) CONTRACTOR represents and warrants that its Authorized Users each have a demonstrated need to know and have access to Confidential Information solely to the minimum extent necessary to accomplish the Authorized Purpose pursuant to this DUA and the Base Contract, and further, that each has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information contained in this DUA. 45 CFR 164.502; 164.514(d). HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 6 of 15 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 (U) CONTRACTOR and its Subcontractors will maintain an updated, complete, accurate and numbered list of Authorized Users, their signatures, titles and the date they agreed to be bound by the terms of this DUA, at all times and supply it to HHS, as directed, upon request. (V) CONTRACTOR will implement, update as necessary, and document reasonable and appropriate policies and procedures for privacy, security and Breach of Confidential Information and an incident response plan for an Event or Breach, to comply with the privacy, security and breach notice requirements of this DUA prior to conducting work under the Statement of Work. 45 CFR 164.308; 164.316; 164.514(d);164.530(i)(1). (W) CONTRACTOR will produce copies of its information security and privacy policies and procedures and records relating to the use or disclosure of Confidential Information received from, created by, or received,used or disclosed by CONTRACTOR for an Authorized Purpose for HHS's review and approval within 30 days of execution of this DUA and upon request by HHS the following business day or other agreed upon time frame. 45 CFR 164.308;164.514(d). (X) CONTRACTOR will make available to HHS any information HHS requires to fulfill HHS's obligations to provide access to, or copies of,PHI in accordance with HIPAA and other applicable laws and regulations relating to Confidential Information. CONTRACTOR will provide such information in a time and manner reasonably agreed upon or as designated by the Secretary of the U.S. Department of Health and Human Services, or other federal or state law. 45 CFR 164.504(e)(2)(i)(I). (Y) CONTRACTOR will only conduct secure transmissions of Confidential Information whether in paper, oral or electronic form, in accordance with applicable rules, regulations and laws. A secure transmission of electronic Confidential Information in motion includes, but is not limited to, Secure File Transfer Protocol (SFTP) or Encryption at an appropriate level. If required by rule, regulation or law, HHS Confidential Information at rest requires Encryption unless there is other adequate administrative, technical, and physical security.All electronic data transfer and communications of Confidential Information will be through secure systems. Proof of system, media or device security and/or Encryption must be produced to HHS no later than 48 hours after HHS's written request in response to a compliance investigation, audit or the Discovery of an Event or Breach. Otherwise,requested production of such proof will be made as agreed upon by the parties.De-identification of HHS Confidential Information is a means of security. With respect to de-identification of PHI, "secure" means de-identified according to HIPAAPrivacy standards and regulatory guidance. 45 CFR 164.312;164.530(d). (Z) For each type of Confidential Information CONTRACTOR creates, receives, maintains, uses, discloses, has access to or transmits in the performance of the Statement of Work, CONTRACTOR will comply with the following laws rules and regulations, only to the extent applicable and required by law: • Title 1, Part 10, Chapter 202, Subchapter B, Texas Administrative Code; HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 7 of 15 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 • The Privacy Act of 1974; • OMB Memorandum 07-16; • The Federal Information Security Management Act of 2002 (FISMA); • The Health Insurance Portability and Accountability Act of 1996 (HIPAA) as defined in the DUA; • Internal Revenue Publication 1075 — Tax Information Security Guidelines for Federal, State and Local Agencies; • National Institute of Standards and Technology (NIST) Special Publication 800-66 Revision 1 —An Introductory Resource Guide for Implementing the Health Insurance Portability and Accountability Act (HIPAA) Security Rule; • NIST Special Publications 800-53 and 800-53A — Recommended Security Controls for Federal Information Systems and Organizations, as currently revised; • NIST Special Publication 800-47 — Security Guide for Interconnecting Information Technology Systems; • NIST Special Publication 800-88, Guidelines for Media Sanitization; • NIST Special Publication 800-111, Guide to Storage of Encryption Technologies for End User Devices containing PHI; and Any other State or Federal law,regulation, or administrative rule relating to the specific HHS program area that CONTRACTOR supports on behalf of HHS. (AA) Notwithstanding anything to the contrary herein, CONTRACTOR will treat any Personal Identifying Information it creates,receives,maintains,uses,transmits, destroys and/or discloses in accordance with Texas Business and Commerce Code, Chapter 521 and other applicable regulatory standards identified in Section 3.01(Z), and Individually Identifiable Health Information CONTRACTOR creates, receives, maintains, uses, transmits, destroys and/or discloses in accordance with HIPAA and other applicable regulatory standards identified in Section 3.01(Z). ARTICLE 4. BREACH NOTICE,REPORTING AND CORRECTION REQUIREMENTS 4.01 Breach or Event Notification to HHS. 45 CFR 164.400-414. HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 8 of 15 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 (A) CONTRACTOR will cooperate fully with HHS in investigating, mitigating to the extent practicable and issuing notifications directed by HHS, for any Event or Breach of Confidential Information to the extent and in the manner determined by HHS. (B) CONTRACTOR'S obligation begins at the Discovery of an Event or Breach and continues as long as related activity continues, until all effects of the Event are mitigated to HHS's reasonable satisfaction (the "incident response period"). 45 CFR 164.404. (C) Breach Notice: (1) Initial Notice. (a) For federal information, including without limitation, Federal Tax Information, Social Security Administration Data, and Medicaid Client Information, within the first, consecutive clock hour of Discovery, and for all other types of Confidential Information not more than 24 hours after Discovery,or in a timeframe otherwise approved by HHS in writing,initially report to HHS's Privacy and Security Officers via email at: privacy@HHSC.state.tx.us and to the HHS division responsible for this DUA; and IRS Publication 1075; Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, 5 U.S.C. § 552a; OMB Memorandum 07-16 as cited in HHSC-CMS Contracts for information exchange. (b) Report all information reasonably available to CONTRACTOR about the Event or Breach of the privacy or security of Confidential Information. 45 CFR 164.410. (c) Name, and provide contact information to HHS for, CONTRACTOR's single point of contact who will communicate with HHS both on and off business hours during the incident response period. (2) Formal Notice.No later than two business days after the Initial Notice above, provide formal notification to privacy@HHSC.state.tx.us and to the HHS division responsible for this DUA, including all reasonably available information about the Event or Breach, and CONTRACTOR's investigation, including without limitation and to the extent available:For(a) - (m) below: 45 CFR 164.400-414. (a) The date the Event or Breach occurred; (b) The date of CONTRACTOR's and, if applicable, Subcontractor's Discovery; (c) A brief description of the Event or Breach; including how it occurred and who is responsible (or hypotheses, if not yet determined); HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 9 of 15 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 (d) A brief description of CONTRACTOR's investigation and the status of the investigation; (e) A description of the types and amount of Confidential Information involved; (f) Identification of and number of all Individuals reasonably believed to be affected, including first and last name of the Individual and if applicable the, Legally Authorized Representative, last known address, age,telephone number, and email address if it is a preferred contact method, to the extent known or can be reasonably determined by CONTRACTOR at that time; (g) CONTRACTOR's initial risk assessment of the Event or Breach demonstrating whether individual or other notices are required by applicable law or this DUA for HHS approval, including an analysis of whether there is a low probability of compromise of the Confidential Information or whether any legal exceptions to notification apply; (h) CONTRACTOR's recommendation for HHS's approval as to the steps Individuals and/or CONTRACTOR on behalf of Individuals, should take to protect the Individuals from potential harm,including without limitation CONTRACTOR's provision of notifications, credit protection, claims monitoring, and any specific protections for a Legally Authorized Representative to take on behalf of an Individual with special capacity or circumstances; (i) The steps CONTRACTOR has taken to mitigate the harm or potential harm caused (including without limitation the provision of sufficient resources to mitigate); 0) The steps CONTRACTOR has taken, or will take, to prevent or reduce the likelihood of recurrence of a similar Event or Breach; (k) Identify, describe or estimate the Persons, Workforce, Subcontractor, or Individuals and any law enforcement that may be involved in the Event or Breach; (1) A reasonable schedule for CONTRACTOR to provide regular updates during normal business hours to the foregoing in the future for response to the Event or Breach, but no less than every three (3) business days or as otherwise directed by HHS, including information about risk estimations,reporting,notification,if any,mitigation, corrective action,root cause analysis and when such activities are expected to be completed; and HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 10 of 15 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 (m) Any reasonably available,pertinent information,documents or reports related to an Event or Breach that HHS requests following Discovery. 4.02 Investigation,Response and Mitigation.45 CFR 164.308,310 and 312; 164.530 (A) CONTRACTOR will immediately conduct a full and complete investigation, respond to the Event or Breach, commit necessary and appropriate staff and resources to expeditiously respond, and report as required to and by HHS for incident response purposes and for purposes of HHS's compliance with report and notification requirements, to the reasonable satisfaction of HHS. (B) CONTRACTOR will complete or participate in a risk assessment as directed by HHS following an Event or Breach, and provide the final assessment, corrective actions and mitigations to HHS for review and approval. (C) CONTRACTOR will fully cooperate with HHS to respond to inquiries and/or proceedings by state and federal authorities, Persons and/or Individuals about the Event or Breach. (D) CONTRACTOR will fully cooperate with HHS's efforts to seek appropriate injunctive relief or otherwise prevent or curtail such Event or Breach, or to recover or protect any Confidential Information, including complying with reasonable corrective action or measures, as specified by HHS in a Corrective Action Plan if directed by HHS under the Base Contract. 4.03 Breach Notification to Individuals and Reporting to Authorities. Tex. Bus. & Comm. Code §521.053; 45 CFR 164.404 (Individuals), 164.406 (Media); 164.408 (Authorities) (A) HHS may direct CONTRACTOR to provide Breach notification to Individuals, regulators or third-parties, as specified by HHS following a Breach. (B) CONTRACTOR shall give HHS an opportunity to review and provide feedback to CONTRACTOR and to confirm that CONTRACTOR's notice meets all regulatory requirements regarding the time, manner and content of any notification to Individuals, regulators or third-parties, or any notice required by other state or federal authorities, including without limitation, notifications required by Texas Business and Commerce Code, Chapter 521.053(b) and HIPAA. HHS shall have ten (10)business days to provide said feedback to CONTRACTOR. Notice letters will be in CONTRACTOR's name and on CONTRACTOR's letterhead, unless otherwise directed by HHS, and will contain contact information, including the name and title of CONTRACTOR's representative, an email address and a toll-free telephone number, if required by applicable law, rule, or regulation, for the Individual to obtain additional information. (C) CONTRACTOR will provide HHS with copies of distributed and approved communications. HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 11 of 15 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 (D) CONTRACTOR will have the burden of demonstrating to the reasonable satisfaction of HHS that any notification required by HHS was timely made.If there are delays outside of CONTRACTOR's control, CONTRACTOR will provide written documentation of the reasons for the delay. (E) If HHS delegates notice requirements to CONTRACTOR, HHS shall, in the time and manner reasonably requested by CONTRACTOR, cooperate and assist with CONTRACTOR's information requests in order to make such notifications and reports. ARTICLE 5. STATEMENT OF WORK "Statement of Work" means the services and deliverables to be performed or provided by CONTRACTOR, or on behalf of CONTRACTOR by its Subcontractors or agents for HHS that are described in detail in the Base Contract. The Statement of Work, including any future amendments thereto, is incorporated by reference in this DUA as if set out word-for-word herein. ARTICLE 6. GENERAL PROVISIONS 6.01 Oversight of Confidential Information CONTRACTOR acknowledges and agrees that HHS is entitled to oversee and monitor CONTRACTOR's access to and creation,receipt,maintenance,use, disclosure of the Confidential Information to confirm that CONTRACTOR is in compliance with this DUA. 6.02 HHS Commitment and Obligations HHS will not request CONTRACTOR to create, maintain,transmit,use or disclose PHI in any manner that would not be permissible under applicable law if done by HHS. 6.03 HHS Right to Inspection At any time upon reasonable notice to CONTRACTOR, or if HHS determines that CONTRACTOR has violated this DUA, HHS, directly or through its agent, will have the right to inspect the facilities,systems,books and records of CONTRACTOR to monitor compliance with this DUA. For purposes of this subsection,HHS's agent(s)include,without limitation,the HHS Office of the Inspector General or the Office of the Attorney General of Texas, outside consultants or legal counsel or other designee. 6,04 Term; Termination of DUA; Survival This DUA will be effective on the date on which CONTRACTOR executes the DUA, and will terminate upon termination of the Base Contract and as set forth herein. If the Base Contract is extended or amended, this DUA shall be extended or amended concurrent with such extension or amendment. HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 12 of 15 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 (A) HHS may immediately terminate this DUA and Base Contract upon a material violation of this DUA. (B) Termination or Expiration of this DUA will not relieve CONTRACTOR of its obligation to return or Destroy the Confidential Information as set forth in this DUA and to continue to safeguard the Confidential Information until such time as determined by HHS. (C) If HHS determines that CONTRACTOR has violated a material term of this DUA; HHS may in its sole discretion: (1) Exercise any of its rights including but not limited to reports, access and inspection under this DUA and/or the Base Contract; or (2) Require CONTRACTOR to submit to a Corrective Action Plan, including a plan for monitoring and plan for reporting, as HHS may determine necessary to maintain compliance with this DUA; or (3) Provide CONTRACTOR with a reasonable period to cure the violation as determined by HHS; or (4) Terminate the DUA and Base Contract immediately, and seek relief in a court of competent jurisdiction in Texas. Before exercising any of these options, HHS will provide written notice to CONTRACTOR describing the violation,the requested corrective action CONTRACTOR may take to cure the alleged violation, and the action HHS intends to take if the alleged violated is not timely cured by CONTRACTOR. (D) If neither termination nor cure is feasible,HHS shall report the violation to the Secretary of the U.S. Department of Health and Human Services. (E) The duties of CONTRACTOR or its Subcontractor under this DUA survive the expiration or termination of this DUA until all the Confidential Information is Destroyed or returned to HHS, as required by this DUA. 6.05 Governing Law,Venue and Litigation (A) The validity, construction and performance of this DUA and the legal relations among the Parties to this DUA will be governed by and construed in accordance with the laws of the State of Texas. (B) The Parties agree that the courts of Texas, will be the exclusive venue for any litigation, special proceeding or other proceeding as between the parties that may be brought, or arise out of, or in connection with, or by reason of this DUA. 6,06 Injunctive Relief HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 13 of 15 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 (A) CONTRACTOR acknowledges and agrees that HHS may suffer irreparable injury if CONTRACTOR or its Subcontractor fails to comply with any of the terms of this DUA with respect to the Confidential Information or a provision of HIPAA or other laws or regulations applicable to Confidential Information. (B) CONTRACTOR further agrees that monetary damages may be inadequate to compensate HHS for CONTRACTOR's or its Subcontractor's failure to comply.Accordingly, CONTRACTOR agrees that HHS will,in addition to any other remedies available to it at law or in equity, be entitled to seek injunctive relief without posting a bond and without the necessity of demonstrating actual damages, to enforce the terms of this DUA. 6.07 Responsibility. To the extent permitted by the Texas Constitution, laws and rules, and without waiving any immunities or defenses available to CONTRACTOR as a governmental entity, CONTRACTOR shall be solely responsible for its own acts and omissions and the acts and omissions of its employees, directors, officers, Subcontractors and agents. HHS shall be solely responsible for its own acts and omissions. 6.08 Insurance (A) As a governmental entity, and in accordance with the limits of the Texas Tort Claims Act, Chapter 101 of the Texas Civil Practice and Remedies Code, CONTRACTOR either maintains commercial insurance or self-insures with policy limits in an amount sufficient to cover CONTRACTOR's liability arising under this DUA. CONTRACTOR will request that HHS be named as an additional insured. HHSC reserves the right to consider alternative means for CONTRACTOR to satisfy CONTRACTOR's financial responsibility under this DUA. Nothing herein shall relieve CONTRACTOR of its financial obligations set forth in this DUA if CONTRACTOR fails to maintain insurance. (B) CONTRACTOR will provide HHS with written proof that required insurance coverage is in effect, at the request of HHS. 6.08 Fees and Costs Except as otherwise specified in this DUA or the Base Contract, if any legal action or other proceeding is brought for the enforcement of this DUA, or because of an alleged dispute, contract violation, Event, Breach, default, misrepresentation, or injunctive action, in connection with any of the provisions of this DUA, each party will bear their own legal expenses and the other cost incurred in that action or proceeding. 6,09 Entirety of the Contract This DUA is incorporated by reference into the Base Contract as an amendment thereto and, together with the Base Contract, constitutes the entire agreement between the parties. No change, waiver, or discharge of obligations arising under those documents will be valid unless in writing and executed by the party against whom such change, waiver, or discharge is sought to be HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 14 of 15 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 enforced. If any provision of the Base Contract, including any General Provisions or Uniform Terms and Conditions, conflicts with this DUA, this DUA controls. 6,10 Automatic Amendment and Interpretation If there is (i) a change in any law, regulation or rule, state or federal, applicable to HIPPA and/or Confidential Information, or (ii) any change in the judicial or administrative interpretation of any such law,regulation or rule„ upon the effective date of such change, this DUA shall be deemed to have been automatically amended, interpreted and read so that the obligations imposed on HHS and/or CONTRACTOR remain in compliance with such changes. Any ambiguity in this DUA will be resolved in favor of a meaning that permits HHS and CONTRACTOR to comply with HIPAA or any other law applicable to Confidential Information. HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 15 of 15 DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 OMB Number:4040-0007 Expiration Date: 02/28/2025 ASSURANCES -NON-CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0040),Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance Act of 1973, as amended (29 U.S.C. §794), which and the institutional, managerial and financial capability prohibits discrimination on the basis of handicaps; (d) (including funds sufficient to pay the non-Federal share the Age Discrimination Act of 1975, as amended(42 U. of project cost)to ensure proper planning, management S.C. §§6101-6107), which prohibits discrimination on and completion of the project described in this the basis of age; (e)the Drug Abuse Office and application. Treatment Act of 1972(P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug 2. Will give the awarding agency, the Comptroller General abuse; (f)the Comprehensive Alcohol Abuse and of the United States and, if appropriate, the State, Alcoholism Prevention, Treatment and Rehabilitation through any authorized representative, access to and Act of 1970(P.L. 91-616), as amended, relating to the right to examine all records, books, papers, or nondiscrimination on the basis of alcohol abuse or documents related to the award; and will establish a alcoholism; (g)§§523 and 527 of the Public Health proper accounting system in accordance with generally Service Act of 1912(42 U.S.C. §§290 dd-3 and 290 accepted accounting standards or agency directives. ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h)Title VIII of the Civil 3. Will establish safeguards to prohibit employees from Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as using their positions for a purpose that constitutes or amended, relating to nondiscrimination in the sale, presents the appearance of personal or organizational rental or financing of housing; (i) any other conflict of interest, or personal gain. nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being 4. Will initiate and complete the work within the applicable made; and, (j)the requirements of any other time frame after receipt of approval of the awarding nondiscrimination statute(s)which may apply to the agency. application. 5. Will comply with the Intergovernmental Personnel Act of 7. Will comply, or has already complied, with the 1970(42 U.S.C. §§4728-4763) relating to prescribed requirements of Titles II and III of the Uniform standards for merit systems for programs funded under Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646)which provide for one of the 19 statutes or regulations specified in fair and equitable treatment of persons displaced or Appendix A of OPM's Standards for a Merit System of whose property is acquired as a result of Federal or Personnel Administration (5 C.F.R. 900, Subpart F). federally-assisted programs. These requirements apply to all interests in real property acquired for 6. Will comply with all Federal statutes relating to project purposes regardless of Federal participation in nondiscrimination. These include but are not limited to: purchases. (a)Title VI of the Civil Rights Act of 1964(P.L. 88-352) which prohibits discrimination on the basis of race, color 8. Will comply, as applicable,with provisions of the or national origin; (b) Title IX of the Education Hatch Act(5 U.S.C. §§1501-1508 and 7324-7328) Amendments of 1972, as amended(20 U.S.C.§§1681- which limit the political activities of employees whose 1683, and 1685-1686),which prohibits discrimination on principal employment activities are funded in whole the basis of sex; (c) Section 504 of the Rehabilitation or in part with Federal funds. Previous Edition Usable Standard Form 4248(Rev.7-97) Authorized for Local Reproduction Prescribed by OMB Circular A-1 02 DocuSign Envelope ID:996C07F9-E3DD-4EA2-85EO-AFOD602E8F56 9. Will comply, as applicable,with the provisions of the Davis- 13. Will assist the awarding agency in assuring compliance Bacon Act(40 U.S.C. §§276a to 276a-7),the Copeland Act with Section 106 of the National Historic Preservation (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Act of 1966, as amended (16 U.S.C. §470), EO 11593 Work Hours and Safety Standards Act(40 U.S.C. §§327- (identification and protection of historic properties), and 333), regarding labor standards for federally-assisted the Archaeological and Historic Preservation Act of construction subagreements. 1974 (16 U.S.C. §§469a-1 et seq.). 10. Will comply, if applicable, with flood insurance purchase 14. Will comply with P.L. 93-348 regarding the protection of requirements of Section 102(a) of the Flood Disaster human subjects involved in research, development, and Protection Act of 1973(P.L. 93-234)which requires related activities supported by this award of assistance. recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of 15. Will comply with the Laboratory Animal Welfare Act of insurable construction and acquisition is$10,000 or more. 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of 11. Will comply with environmental standards which may be warm blooded animals held for research,teaching, or prescribed pursuant to the following: (a) institution of other activities supported by this award of assistance. environmental quality control measures under the National Environmental Policy Act of 1969(P.L. 91-190) and 16. Will comply with the Lead-Based Paint Poisoning Executive Order(EO) 11514; (b) notification of violating Prevention Act(42 U.S.C. §§4801 et seq.)which facilities pursuant to EO 11738; (c) protection of wetlands prohibits the use of lead-based paint in construction or pursuant to EO 11990; (d)evaluation of flood hazards in rehabilitation of residence structures. floodplains in accordance with EO 11988; (e) assurance of 17 Will cause to be performed the required financial and project consistency with the approved State management compliance audits in accordance with the Single Audit program developed under the Coastal Zone Management Act Amendments of 1996 and OMB Circular No. A-133, Act of 1972(16 U.S.C. §§1451 et seq.); (f) conformity of "Audits of States, Local Governments, and Non-Profit Federal actions to State (Clean Air) Implementation Plans Organizations." under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of 18. Will comply with all applicable requirements of all other underground sources of drinking water under the Safe Federal laws, executive orders, regulations, and policies Drinking Water Act of 1974, as amended (P.L. 93-523); governing this program. and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended(P.L. 93- 19. Will comply with the requirements of Section 106(g) of 205). the Trafficking Victims Protection Act(TVPA) of 2000, as amended (22 U.S.C. 7104)which prohibits grant award 12. Will comply with the Wild and Scenic Rivers Act of recipients or a sub-recipient from (1) Engaging in severe 1968 (16 U.S.C. §§1271 et seq.) related to protecting forms of trafficking in persons during the period of time components or potential components of the national that the award is in effect(2) Procuring a commercial wild and scenic rivers system. sex act during the period of time that the award is in effect or(3) Using forced labor in the performance of the award or subawards under the award. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE ,—oocusigned by: Public Health Director �au�jia ��t,aan, -7aeEar-aTzEad3 ... APPLICANT ORGANIZATION DATE SUBMITTED Corpus Christi-Neuces County Public Health District rarc h 22,2023 Standard Form 424B(Rev.7-97)Back DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 CERTIFICATION REGARDING LOBBYING Certification for Contracts,Grants, Loans,and Cooperative Agreements The undersigned certifies,to the best of his or her knowledge and belief,that: (1)No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation, renewal,amendment,or modification of any Federal contract,grant, loan,or cooperative agreement. (2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure of Lobbying Activities,"in accordance with its instructions. (3)The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants,loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31, U.S. Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. Statement for Loan Guarantees and Loan Insurance The undersigned states,to the best of his or her knowledge and belief,that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan,the undersigned shall complete and submit Standard Form-LLL,"Disclosure of Lobbying Activities,"in accordance with its instructions.Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352,title 31, U.S. Code.Any person who fails to file the required statement shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. •APPLICANT'S ORGANIZATION Corpus Christi Neuces County Public Health District •PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE Prefix: ' First Name:vauzia Middle Name: •Last Name: Khan Suffix: •Title: I Public Health Director SIGNATURE: oocuSigned by: ' DATE:rAarch 22,2023 F"16t, " � F DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 ©Ji'.TEXAS Department of State Texas De 1C`e: HealthanclHuman p Services Health Services Fiscal Federal Funding Accountability and Transparency Act (FFATA) The certifications enumerated below represent material facts upon which DSHS relies when reporting information to the federal government required under federal law. If the Department later determines that the Contractor knowingly rendered an erroneous certification, DSHS may pursue all available remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written notice to DSHS if at any time Signor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. If the Signor cannot certify all of the statements contained in this section, Signor must provide written notice to DSHS detailing which of the below statements it cannot certify and why. Legal Name of Contractor: FFATA Contact: (Name, Email and Phone Number): Corpus Christi Neuces County Public Health District Dr.Fauzia Khan,fauziak@cctexas.com,(361) 826-7202 Primary Address of Contractor: Zip Code: 9-digits required www.usos.com 1702 Horne road,Corpus Christi,TX 78416 Unique Entity ID (UEI):This number replaces the DUNS State of Texas Comptroller Vendor Identification Number www.sam.nov (VIN) — 14 digits: 069457786 746000574-1027 Printed Name of Authorized Representative: Signature of Authorized Representative ocuSigned by: Fauzia Khan E�D 4CEBF4B2ED425... Title of Authorized Representative Date Signed Public Health Director March 22,2023 1 Department of State Health Services Form 4734—April 2022 Contract Management Section DocuSign Envelope ID:996CO7F9-E3DD-4EA2-85EO-AFOD602E8F56 Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION As the duly authorized representative (Signor) of the Contractor, I hereby certify that the statements made by me in this certification form are true, complete, and correct to the best of my knowledge. Did your organization have a gross income, from all sources, of less than $300,000 in your previous tax year? Yes No X If your answer is "Yes", skip questions "A", "B", and "C" and finish the certification. If your answer is "No answer questions "A" and "B". A. Certification Regarding % of Annual Gross from Federal Awards. Did your organization receive 80% or more of its annual gross revenue from federal awards during the preceding fiscal year? Yes ❑ No ❑X B. Certification Regarding Amount of Annual Gross from Federal Awards. Did your organization receive $25 million or more in annual gross revenues from federal awards in the preceding fiscal year? Yes ❑ No ❑X If your answer is "Yes" to both question "A" and "B", you must answer question "C". If your answer is "No" to either question "A" or "B", skip question "C" and finish the certification. C. Certification Regarding Public Access to Compensation Information. Does the public have access to information about the compensation of the senior executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? Yes ❑X No ❑ If your answer is "Yes" to this question, where can this information be accessed? Open Records Request If your answer is "No" to this question, you must provide the names and total compensation of the top five highly compensated officers below. Provide compensation information here: N/A 2 Department of State Health Services Form 4734—April 2022 Contract Management Section DocuSign Certificate Of Completion Envelope Id: 996C07F9E3DD4EA285EOAFOD602E8F56 Status: Completed Subject: HHS001310000001 City of Corpus Christi-Nueces County Base Source Envelope: Document Pages:73 Signatures:6 Envelope Originator: Certificate Pages:5 Initials: 0 CMS Internal Routing Mailbox AutoNav: Enabled 11493 Sunset Hills Road Envelopeld Stamping: Enabled #100 Time Zone: (UTC-06:00)Central Time(US&Canada) Reston,VA 20190 CMS.InternalRouting@dshs.texas.gov IP Address: 167.137.1.8 Record Tracking Status: Original Holder: CMS Internal Routing Mailbox Location: DocuSign 3/22/2023 11:17:29 AM CMS.InternalRouting@dshs.texas.gov Signer Events Signature Timestamp Fauzia Khan " igneaby: Sent:3/22/2023 11:34:11 AM FauziaK@cctexas.com If434 aAv�jA " Viewed: 3/22/2023 1:13:23 PM Public Health Director cFeF4azFD4z5 Signed:3/22/2023 1:36:09 PM Security Level: Email,Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 155.190.8.6 Electronic Record and Signature Disclosure: Accepted:3/22/2023 1:13:23 PM ID:fc447fa5-0314-47e8-bdc1-d291477d7949 Helen Whittington Completed Sent:3/22/2023 1:36:14 PM helen.whittington@dshs.texas.gov Viewed: 3/22/2023 2:21:15 PM Security Level: Email,Account Authentication Signed:3/22/2023 2:26:22 PM (None) Using IP Address: 167.137.1.17 Electronic Record and Signature Disclosure: Accepted:3/22/2023 2:21:15 PM ID:88b01daa-c4c5-4ad5-aab0-dd35be77bf27 PATTY MELCHIOR Completed Sent:3/22/2023 2:26:27 PM Patty.MeIchior@dshs.texas.gov Viewed: 3/22/2023 3:49:13 PM Director, DSHS CMS Signed:3/22/2023 3:49:21 PM Security Level: Email,Account Authentication Using IP Address: 167.137.1.16 (None) Electronic Record and Signature Disclosure: Accepted:5/5/2022 12:43:08 PM ID:f01589da-43a7-481e-996a-7c50409e5d48 DocuSigned by: Kirk Cole Sent:3/22/2023 3:49:26 PM Kirk.Cole@dshs.texas.gov E04DMFAAF59048D irk Cole Viewed: 3/23/2023 11:40:16 AM Deputy Commissioner Signed:3/23/2023 11:41:28 AM Security Level: Email,Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 167.137.1.18 Electronic Record and Signature Disclosure: Accepted:3/23/2023 11:40:16 AM ID:71dd0835-0503-4bd9-94fb-Oae09bbba8c6 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Leticia Varela Sent:3/22/2023 11:34:11 AM leticiav@cctexas.com ED Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Kristiana Flores Sent:3/23/2023 11:41:33 AM Kristiana.Flores@dshs.texas.gov ED Viewed: 3/23/2023 2:41:54 PM Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jennifer Boggs Sent:3/23/2023 11:41:34 AM jennifer.boggs@dshs.texas.gov ED Contract Manager Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign CMS Internal Routing MailboxT ry Sent:3/23/2023 11:41:35 AM cros.internalrouting@dshs.texas.gov PI E V Resent:3/23/2023 11:41:39 AM DSHS Contract Management Section Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 3/22/2023 11:34:12 AM Certified Delivered Security Checked 3/23/2023 11:40:16 AM Signing Complete Security Checked 3/23/2023 11:41:28 AM Completed Security Checked 3/23/2023 11:41:35 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on:9/14/2020 7:10:18 PM Parties agreed to: Fauzia Khan, Helen Whittington, PATTY MELCHIOR, Kirk Cole ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, DSHS Contract Management Section (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD),please confirm your agreement by selecting the check-box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process,please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact DSHS Contract Management Section: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: alison.joffrion@hhsc.state.tx.us To advise DSHS Contract Management Section of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at alison.joffrion@hhsc.state.tx.us and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from DSHS Contract Management Section To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to alison.joffrion@hhsc.state.tx.us and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with DSHS Contract Management Section To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to alison.joffrion@hhsc.state.tx.us and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: haps://support.docusign.com/guides/signer-guide- signi_ ng-system-requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you,please confirm that you have read this ERSD, and (i)that you are able to print on paper or electronically save this ERSD for your future reference and access; or(ii)that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. By selecting the check-box next to `I agree to use electronic records and signatures', you confirm that: • You can access and read this Electronic Record and Signature Disclosure; and • You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and • Until or unless you notify DSHS Contract Management Section as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by DSHS Contract Management Section during the course of your relationship with DSHS Contract Management Section. Two Reading Ordinance Ordinance ratifying acceptance of Public Health Infrastructure Grant (PHIG) for $3,186,443.00 from the Texas Department of State Health Services (DSHS); and appropriating $3,186,443.00 to make strategic investments to support hiring, retaining, and training the public health workforce, and to strengthen public health infrastructure and systems related to the workforce and foundational capabilities for the period of March 22, 2023, through November 30, 2027. City Council June 27, 2023 Background and Staff Recommendation • City of Corpus Christi Public Health Infrastructure Grant o To be used to make strategic investments to support hiring, retaining, supporting, and training the public health workforce and strengthening public health infrastructure and systems related to the workforce and foundational capabilities in alignment with the Strengthening U.S. Public Health Infrastructure, Workforce, and Data Systems program. o Upon Execution through November 31, 2027 Background and Staff Recommendation o Total Contract value equals $3,186,443.00 o Fiscal impact — All positions are 100% grant funded. o Staff Recommendation: Approval of the two-reading ordinance. City Council June 27, 2023 SC 00 a� �h AGENDA MEMORANDUM �ORPO0.P��'0 Public Hearing and First Reading Ordinance for the 06/27/23 N zss2 Second Reading Ordinance for 07/18/23 DATE: June 27, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services alraymond(a)cctexas.com (361) 826-3575 Water Distribution Main Construction and Reimbursement Agreement with Devonshire Custom Homes, Inc. for Off-site Water Distribution Improvements for Westwood Heights Unit 4 Subdivision CAPTION: Ordinance authorizing a Water Distribution Main Construction and Reimbursement Agreement up to $36,731 with Devonshire Custom Homes, Inc. to construct off-site water distribution main improvements for a planned residential development, Westwood Heights Unit 4, located on Sunny Dr., south of Leopard Street, and appropriating $36,731.71 from the Water Distribution Main Trust Fund to reimburse the Developer per the agreement. (District 1) SUMMARY: Devonshire Custom Homes, Inc. is developing a new residential subdivision named Westwood Heights Unit 4 and is requesting funds to construct water distribution main improvements associated with the development. The estimated one-time cost of the improvements is $36,731.71. BACKGROUND AND FINDINGS: The Developer, Devonshire Custom Homes, Inc, has requested reimbursement through a reimbursement agreement for in conjunction with a residential subdivision named Westwood Heights Unit 4, located on Sunny Dr., south of Leopard St. Westwood Heights Unit 4 preliminary plat was approved by Planning Commission on November 13, 2019. The development, located on Sunny Dr., south of Leopard Street, plans for 39 single family homes on 9.059 acres including street dedications. The Planning Commission granted a 12-month time extension for the plat on May 3, 2023. The off-site water distribution main improvements consist of 233 linear feet of 6" PVC pipe and tap into the existing 8" ACP Water Main. Minus a lot/acreage fee credit of $10,595.79, the allowable reimbursement amount is $36,731.71, representing 50% of the cost of the project. The term of the agreement is 12 months. The project is consistent with the City's Water Distribution Standards. The project is eligible for reimbursement from the Water Distribution Main Trust Fund per UDC Section 8.5.1.C. ALTERNATIVES: This project will improve and facilitate development of the new Westwood Heights Unit 1 Subdivision. An alternative to utilizing trust funds to construct the water distribution improvements would be to construct the improvements with a city-initiated CIP project. This option would most likely delay the construction until the required funding for the improvements could be programmed into the CIP budget and would most likely impact the developer's ability to build out his planned subdivision in a timely manner. FINANCIAL IMPACT: The total estimated project cost for the Water Distribution Main improvements is$94,655.00. Less the$10,595.79 lot/acreage fee credit, the reimbursable amount is 50 percent or$36,731.71. The available funds from the Water Distribution Main Trust of$36,731.71 will be appropriated to fund this project. Funding Detail: Fund: 4030 Water Distribution Main Trust Fund Organization/Activity: 21806 Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers RECOMMENDATION: Staff recommends approval. The project is in accordance with UDC Section 8.5.1.C. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibit) Presentation Certification of Funds Location Map Ordinance authorizing a Water Distribution Main Construction and Reimbursement Agreement up to $36,731.71 with Devonshire Custom Homes, Inc. to construct off-site water distribution main improvements for a planned residential development, Westwood Heights Unit 4, located on Sunny Dr, south of Leopard Street, and appropriating $36,731.71 from the Water Distribution Main Trust Fund to reimburse the Developer per the agreement (District 1). WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on November 13, 2019, to develop a tract of land, approximately 9.059 acres known as Westwood Heights Unit 4; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the Water Distribution Main ("Water Improvements"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Water Improvements; WHEREAS, it is in the best interests of the City to have the Water Improvements be constructed to its ultimate capacity under the City's applicable Master Plan; and WHEREAS, Section 8.5.1.C. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when certain funds become fully available in the Water Distribution Main Trust Fund and are appropriated by the City Council. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute a Water Distribution Main Construction and Reimbursement Agreement ("Agreement"), attached hereto, with Devonshire Custom Homes, Inc. ("Developer"), for the extension of a 6-inch water line, including all related appurtenances, for the development of Westwood Heights Unit 4 Subdivision, Corpus Christi, Nueces County, Texas. SECTION 2. In the event of a project delay, the City Manager or designee is authorized to execute an extension of the agreement for a period not to exceed a period of 12 months. SECTION 3. Funding in the amount of$36,731 .71 is appropriated from No. 4030-21860-777 to reimburse the Developer. SECTION 4. This ordinance takes effect upon passage. 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 DISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Water Distribution Main Extension Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and Devonshire Custom Home,Inc, ("Developer/Owner"), a Texas Corporation. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on November 13, 2019 to develop a tract of land, to wit: approximately 10.734 acres known as Westwood Heights Unit 4. Located on Sunny Dr., south of Leopard St as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the distribution main extension ("Distribution Main Extension"); WHEREAS, it is to the best interest of the City that the Distribution Main Extension be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.1.C.2. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when certain funds become fully available in the Distributions Main Trust Fund and are appropriated by the City Council; and WHEREAS, the Developer/Owner has submitted an application for reimbursement of the costs for installing the Distribution Main Extension, as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. TRUSTEE LIABILITY. The City is executing this agreement as trustee of the Water Trust Fund pursuant to UDC §8.5. The City is acting as trustee to further its governmental functions of providing water and sewer service. Texas Constitution Article 11, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit. As such, the City's participation as Trustee does not create a loan of its credit. Execution of this agreement constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose and it is expressly agreed that any judgment will only be satisfied out of the assets of the trust and not out of the City's assets. The City is excluded from personal liability. 2. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Distribution Main Extension in compliance with the City's UDC, the City's Infrastructure Design Manual, and all local, state and federal laws, codes and regulations, in accordance with the plans and specifications submitted to the City's Development Services Department and reviewed and approved by the City's Development Services Engineer. 3. PLANS AND SPECIFICATIONS. a. Developer/Owner shall contract with a professional engineer registered and licensed in the State of Texas, acceptable to the City's Development Services Engineer, to prepare and seal plans and specifications for the Distribution Main Extension, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following minimum requirements: b. The plan must be in compliance with the City's master plans. c. The plans and specifications must comply with the City's Water Distribution Standards Detail Sheets and Standard Specifications. d. Before the Developer/Owner starts construction, the plans and specifications must be approved by the City's Development Services Engineer. 4. SITE IMPROVEMENTS. Prior to the start of construction of the Distribution Main Extension, the Developer/Owner shall acquire and dedicate to the City the required additional public utility easements ("Easements"), if any, necessary for the completion of the Distribution Main Extension. If any of the property needed for the Easements is owned by a third party and Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City may use its powers of eminent domain to acquire the Easements. Developer will be responsible for cost of acquisition, payable from the reimbursement agreed to in this agreement. 5. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro- rata fees as required by the UDC. 6. DEVELOPER/OWNER TO AWARD CONTRACT FOR IMPROVEMENTS. Developer/Owner shall award a contract and complete the Distribution Main Extension, under the approved plans and specifications, by 06/27/2024. 7. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 8. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties and obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 9. DEFAULT. The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services and to the Development Services Engineer by the 40th calendar day after the date of approval of this Agreement by the City Council. c. Developer/Owner fails to award a contract for the construction of the Distribution Main Extension, according to the approved plans and specifications, by the 70th calendar day after the date of approval of this Agreement by the City Council. Water Distribution Main Construction And Reimbursement Agreement Page 2 of 10 d. Developer/Owner's contractor does not reasonably pursue construction of the Distribution Main Extension under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Distribution Main Extension, under the approved plans and specifications, on or before 06/27/2024. f. Either the City or the Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. 10. NOTICE AND CURE. a. In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. d. Should the Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer/Owner, at the address stated in section 11, of the need to perform the obligation or duty and, should the Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Developer/Owner by reducing the reimbursement amount due to the Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this Agreement and charge the cost of such performance to the Developer/Owner. The Developer/Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer/Owner receives notice of the cost of performance. In the event the Developer/Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer/Owner has all its remedies at law or in equity for such default. Water Distribution Main Construction And Reimbursement Agreement Page 3 of 10 11. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 12. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: 1. If to the Developer/Owner: Devonshire Custom Homes, Inc Navid Zarghooni 2129 Airline Rd. Corpus Christi, Texas 78414 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change the address for notices by giving notice of the change under the provisions of this section. Water Distribution Main Construction And Reimbursement Agreement Page 4 of 10 13. THIRD-PARTY BENEFICIARY. Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Distribution Main Extension, contracts for testing services, and contracts with the contractor for the construction of the Distribution Main Extension must provide that the City is a third-party beneficiary of each contract. 14. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before beginning the work that is the subject of this Agreement, furnish a performance bond if the contract is in excess of$100,000 and a payment bond if the contract is in excess of$50,000. Bonds furnished must meet the requirements of Texas Insurance Code 3503, Texas Government Code 2253, and all other applicable laws and regulations. The performance or payment bond must name the City as an obligee. The bond must clearly and prominently display on the bond or on an attachment to the bond: (1) the name, mailing address, physical address, and telephone number, including the area code, of the surety company to which any notice of claim should be sent; or (2) the toll-free telephone number maintained by the Texas Department of Insurance under Subchapter B, Chapter 521, Insurance Code, and a statement that the address of the surety company to which any notice of claim should be sent may be obtained from the Texas Department of Insurance by calling the toll-free telephone number. 15. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the Distribution Main Extension and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services. 16. REIMBURSEMENT. a. The maximum reimbursable amount pursuant to UDC §8.5.1. C.2. for the Distribution Main Extension less $10,595.79 lot/acreage fee credit is $36,731.71. Subject to the conditions for reimbursement from the City Developer Participation Funds and the appropriation of funds, the City will reimburse the Developer/Owner the reasonable actual cost of the Distribution Main Extension up to an amount not to exceed $36,731.71 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. The City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The submitted invoice shall be deemed administratively complete by the City prior to payment. The reimbursement will be made within 30 days from the date of the City's administrative approval of the invoice in accordance with state law. c. Cost-supporting documentation to be submitted shall include: 1. Summary of Costs and Work Performed Form provided by the Development Services Department 2. Contractor and professional services invoices detailing work performed 3. The first reimbursement request requires submittal of invoices for work performed. Future disbursements shall provide evidence of payment by the developer/owner through a cancelled check or bank ACH for the previous submittal. The final reimbursement request shall require evidence that all invoices to date have been paid. Water Distribution Main Construction And Reimbursement Agreement Page 5 of 10 d. To be eligible for reimbursement, the work must be constructed in a good and workmanlike manner, in accordance with the approved plans and specifications, and in compliance with the City's Infrastructure Design Manual, and all other local, state and federal laws, codes and regulations, and must have been inspected and accepted by the City. The final 5% of the total contract reimbursement amount will be held as retainage until such time the City issues acceptance of public infrastructure in accordance with Unified Development Code. e. In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer/Owner and at a time when there has been a partial completion and/or partial payment for the improvements, then the City shall only reimburse the Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. 17. PAYMENTS, CREDITS AND DEFERRED REIMBURSEMENT. All payments, credits, priority of reimbursement, and deferred reimbursement shall be made in accordance with UDC §8.5. Developer/Owner understands and agrees that if funds are not available in the Water Distribution Main Trust Fund, that reimbursement will not be made until such funds are available, appropriated, and this Agreement has priority per UDC §8.5.1. C. 18. INDEMNIFICATION Developer/Owner covenants to fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents, ("indemnitees") against any and all liability, damage, loss, claims, demands suits and causes of action of any nature whatsoever asserted against or recovered from city on account of injury or damage to person including, without limitation on the foregoing, workers compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the Developer/Owner's failure to comply with its obligations under this agreement or to provide city water service to the development, including injury, loss, or damage which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with the construction, installation, existence, operation, use, maintenance, repair, restoration, or removal of the public improvements associated with the development described above, including the injury, loss or damage caused by the sole or contributory negligence of the indemnitees or any of them, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused or is claimed to be caused by the Water Distribution Main Construction And Reimbursement Agreement Page 6 of 10 contributing or concurrent negligence of indemnitees, or any of them, but not if caused by the sole negligence of indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorneys fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. This indemnity specifically includes all claims, damages, and liabilities of whatever nature, foreseen or unforeseen, under any hazardous substance laws, including but not limited to the following: (a) all fees incurred in defending any action or proceeding brought by a public or private entity and arising from the presence, containment, use, manufacture, handling, creating, storage, treatment, discharge, release or burial on the property or the transportation to or from the property of any hazardous substance. The fees for which the developer/owner shall be responsible under this subparagraph shall include but shall not be limited to the fees charged by (i) attorneys, (ii) environmental consultants, (iii) engineers, (iv) surveyors, and (v) expert witnesses. (b) any costs incurred attributable to (i) the breach of any warranty or representation made by Developer/Owner in this agreement, or (ii) any cleanup, detoxification, remediation, or other type of response action taken with respect to any hazardous substance on or under the property regardless of whether or not that action was mandated by the federal, state or local government. This indemnity shall survive the expiration or earlier termination of the agreement. 19. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 20. DISCLOSURE OF INTEREST. Developer/Owner agrees, in compliance with the Corpus Christi Code of Ordinance Sec. 2-349, to complete, as part of this Agreement, the Disclosure of Interests form attached hereto as Exhibit 4. Water Distribution Main Construction And Reimbursement Agreement Page 7 of 10 21. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to the benefit of the City and the Developer/Owner and their respective heirs, successors, and assigns from and after the date of final execution by all parties. 22. DEDICATION OF DISTRIBUTION MAINS. Upon completion of the construction, dedication of Distribution Main Extension will be subject to City inspection and approval. 23. CERTIFICATE OF INTERESTED PARTIES. Developer/Owner agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of"interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at.https://www.ethics.state.tx.us/legal/ch46.html. 24. CONFLICT OF INTEREST. Developer/Owner agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at nttp://www.cctexas.com/government/city- secretary/conflict-disclosure/index 25. AUTHORITY. All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. Water Distribution Main Construction And Reimbursement Agreement Page 8 of 10 EXECUTED IN ONE ORIGINAL this day of ' 20 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Albert J. Raymond III City Secretary Director of Development Services APPROVED AS TO LEGAL FORM: STATE OF § COUNTY OF § This instrument was acknowledged before me on 2023, by Albert J. Raymond III, Director of Development Services for the City of Corpus Christi, Texas. Notary Public's Signature Buck Brice (Date) Assistant City Attorney Water Distribution Main Construction And Reimbursement Agreement Page 9 of 10 Devonshire Custom Homes, Inc. 2129 Airline Rd Corpus Christi, Texas 78414 By: Navid Zarghooni President STATE OF § COUNTY OF § This instrument was acknowledged before me on 2023, by Navid Zarghooni, President of Devonshire Custom Homes, Inc., a Texas Corporation, on behalf of said corporation. Notary Public's Signature Water Distribution Main Construction And Reimbursement Agreement Page 10 of 10 Fxhibitl STATE BE rExAs 5 OTATE OF TEws § Cnuxrr of uumcs S CDU.I OF..CO. S THEE1111111All—IDTRE DEPARTMENT TIE OWNERS OF TIE OF CE OlIKENT S—CES OF THE CI,OF CORPUS cHvlsTi,T_ 'NO EMBBBSED WITHIN TH So" ARiEs OF THE BY E FO FIIOR OF 'HIT WE IAVE NS SaDIIIHY THAT WE AUNO SURVEYEN uq FD IN 11-1 AND THAT THIS THAT wA5 MADE FORE R MEARE PURPOSES 0 OEscRIP ONPABpC USE OEVELOPMEITJSEmncES FHGwEFR THE THE DAY OF—2— DATE NAVID ZARGHOpw,PRESIDENT STATE OF TEws g 0-1 F 9 HATE of TEws S IHE mE a,of Coavus CHRIST u p sEscRBY E-NIN u AP SIGN, a aEw.€F OF cFIF WAS 11—MISSION, ES—OF NUPCES § THIS THE_o v o zO� THIS INSTRUMENT As ACKuowTEDGED BEFORE ME EY NAVID—SHODUI.PRESIDENT OF DEKCKSH RE CUSTOM HOMES,NcFRIC. uRaEu.P.E. -M€ND¢.FACE CHAR.A SO NOTARY PUBLIC, i AND FDR THE STATE OF TEXAS N STATE OF iExAs $ c.0.,OF xUECES S 1,KARA SANDS.CCERK OF THE INTHITY COCIPT IN AND FOR—CO—DO STATE OF TExws S RERERI DERatt THAT THE FOREGOING INSTRUMENT DATED THE oar OF COUNTY OF NUECEs S 20 WITH ITS CERNFIGTE OF AImiENTICAnpN, EOOARD n' AAs FIFOR RECORD IN MY OFFICE THE DAY OF 1, —1.IDUSH,RESISTERED 110—LAND SUR—CA IF PASS&IELRISO O"DTUNpEFA TMr 3 30_A OcIACK M..ANN WE EN ED TO SET TOO CORKESS aNsmurnD�PRCVEMENTs wlTxouT uP J MPTCTIox of suernvlslau J w Ro_ a G KwooD n. 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WESTWOOD HEIGHTS UNIT 4 TYPICAL STREET SECTION-60'ROW 1�1 I I I S,lUECEC CCUNTY,I EIAS III A 1.111 IIIE'-Cl "I N' A I F IF ATC IN BLK SiIIA(PCR9T ICo5"9 CFCRLEoST IN2 "SAUEET FIl I II CORPUS TCHRISTI, NUECES COUIsM, TEXAS L 1-1 19 IIIS I llLS"EIIINEEIINI I-NI"11PILAT-SIC I, I "I III Sl SCA L C.,;ICl Tl_ALA7".C, PLC TEIIJ�l`S;IE SHEET 2 OF 2 Exhibit 2 Reimbursement Agreement Application Development Services Department Submit the Application to: contractsandaareements ancctexas.com Mail to:City of Corpus Christi Development Services 2406 Leopard St.Suite 100 Corpus Christi,Texas 78408 Date: 6 - Z , 22 Approved Plat Name: W2�NMV 0 .5l V►M+ Type of Public Improvements: Ownership and authorized signatories to enter into the agreement: Requested duration of agreement: Months Point of Contact Information: Contact Name: Contact Number: 3LQk' ��� �S�� Name of Company Entering into the agreement (L.L.C.; LP., Inc.): Address: '2A?—Rt' City: e C_ • State: I X ZIP: :lad Phone Number: 3� •q°f(Q '�ZSJ� The items listed below are required before an application can be processed: 1)❑ Application for reimbursement per UDC Section 8.5.1 or 8.5.2 2)Q $535.00 application fee for new agreements and addendums 3) Planning Commission approved plat (Final or Master Preliminary) 4) Cost estimate for project from a registered engineer 5) Public improvement plans or design memorandum 6) Warrantee Deed for the property associated with the project 7) Disclosure of Interest Form 8)R Form 1295 W-9 F , and a Corporate Resolution Applicant's Signatur Title City of Corpus Christi I Form No: DSD-3016 Rev.3.31.2020 Page 1 of 2 Exhibit 3 pU o LM WHOMEMENTS 70 WESTWOOQ H-C IG[QTS---U H17- 19 ✓_ - - - CORPUS CHMST�9 HUEC E3 COUWY9 7 EKAB e,m�w � .'���'"M IF4END E105111�FMJt1116 IEGflID—PfmPOSFD FICIt1116 M1D tPPUR1ETVNCES (MNa IPPNAiQNNCfS �r�ss .cuv wwew - O r cnm � ev.,ov�mmm�>cwe x4 ��� ^" Bum Cmsmoa o mn =mm.o.a a.�m�a y 'SITE" 10^ATION MAP S.YEET INOE% SHEET I COVER SHEET Ano MISCELLANEOUS INFORNATION r cres..o mme..vw oww..un.w.uu.mnw.e.sm.+ SHEET 2 —C.GRADING ANO C.N.E PEAN,STREET I my e.m..c=w m.sn.nn..wemaa. 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N' DN:cn-Jaialaalal M.H.Ali 5aleh, o-Clty bf Corpus 'iGhristi,ou=Development Services, sefn�'all.,iatalsCcctexas.com, - >m c US -yw Date:2020:1115 16:36:06' m.w 00' eoll"M lis'+Tw.a w� -.m rm mwx aa..mn 'rn rx.o.a..w.�.R.m.o ��v..w. v.o,me.u.oam aeec m.+rzrw soa mw m m amore ax SBA SAND ELS: ENGINE-N Baum Pu.IC IMPROMEMENrN To WESTWOCC-ICHTS V Ii 4 ,m a ur,un sex a.N^•xn v%unc CORPUS C4'RISTi,NUECES C OVER SHEET Au0 uIELELLANEOUs INFCRUATiON "T'"�T'T!8k S45'56'26'E 1215.7 M 2 L ---------- (D ly ry tj rm F—A V--- -- -——————————---— — ————————- ————————— aim —---- --—------ --------- - u 1H `41 z Lx 'A XT.V 1n 88 HE .14to ' —--------- t tzzt N45'56'26-W 1005.62' S-E, 'G.EG I 1— 11- 75 ------------------- --L"-------- .... -------------- ----- m. ------- ---- ---- --I----- , ------ ------i:�'—L1----- -------- ----------- 'In ------- ----- ------- ,5n l -------------- ------- �5 65 60 r) Digitally signed by Jalal M.H. 60 PLANS ARE RELEASED FOR,' Ali Sal,h,P.E. CONSTRUCTION ON:ch=Jalal M.H.Ali Saleh, DFVELOPMENT5ENACES P.E.,o=City of Corpus Christi, City(Y[ Construction pl wiA CuTFws b—d vu=Developrnent Services, _iH IN Chsisii U DC 3.8.5.F(A1619 201 W' einaiJ7=jal#) cctexas.com, 1U.TWOO1UC ITE—EMEZ67 --,c_—bs '0.... cows, VESHEIGHTS UNIT 4 e T—S NAGI 1L. Date:2020.12.15 16:36:30 G .... Sl—IINAIINGIULIS -06'00' IGCTr IIII '1 Digitally signed by Jalal I M.H.Ali Saleh,P.E. r-� eora'a. DN:—Jala1 MH.Ali w =.,Saleh,P.E.,o=-City of ...,o>aENSEr ... A. cn> r RT,Corpus Christi, ou=Development email=jalals@cdeXDs.com, ate _ _ r' c=US Date:2020.12.1516:37.,43 ^° -06'00' a worx,. i,PICAL STREET SECTION-60'rs ROW D' -.MA �.uw.ww,wK _,ne 0.e'uwwm wm BASS ANO WEyl15N E ERI�M1 POZ-LOCnSRN RSUPPORT ASSEMBLY n N6T5 T TB vESivOt)D NE ICNTS UNI4 CORPUS CHRISrI, NUECES Cu TX STREET AND SIDEVALN DETAILS Exhibit 4 NIXON M.WELSH, P.E., R.P.L.S. BASS WELSH ENGINEERING 3054 S.Alameda St. Email: NixMW@aol.com TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 18073-PCE-WTR 11/18/22 WESTWOOD HEIGHTS PRELIMINARY WATER REIMBURSEMENT ESTIMATE WATER ITEMS,REIMBURSABLE BY CITY QUANTITY UNIT AMOUNT 1 8"TAPPING SADDLE&6"TAPPING GATE VALVE W/BOX 2 EA 7,900.001 15,800.00 2 6"PVC PIPE 233 1 LF 250.001 58,250.00 3 PAVEMENT PATCHING 1 1 LS 12,000.001 12,000.00 TOTAL WATER ITEMS $86,050.00 NOTE: PRICES SHOWN AS FURNISHED BY DEVELOPER 10%ENGINEERING,SURVEYING,&TESTING 8,605.00 SOF TFSUBTOTAL 94,655.00 41 *' LESS WATER LOT FEE —7,280.00 s.;` •' " E11111111011M M. U""...."""" ' LESS WATER PRO—RATA FEE —3,315.79 TOTAL AMOUNT REIMBURSABLE $84,059.21 NAL AaZ Page 1 of 1 Water Distribution Main Construction Reimbursement Agreement Purpose of this ordinance is to enter into a reimbursement agreement with Devonshire Custom Homes, Inc. for the construction of a 6-inch waterline required for the proposed residential development known as Westwood Heights Unit 4 and appropriating $36,731 .71 to fund the agreement. City Council June 27, 2023 Project Map A. i tr Q' 5010 1.900 ?. Fest Location Map The proposed Westwood Heights subdivision will be The proposed 6"water "' located off Sunny Dr as distribution line tie-in depicted in RED. locations depicted in "x LIGHT GREEN CIRCLE. Existing 8" waterline The proposed 6" water depicted in SOLID distribution line will be Location Map BLUE. located on Sunny Dr as Westwood Heights depicted in YELLOW. Unit rua wb.WrooM ,n,,, .dd,1:tiW aT.� Estimated Construction Cost Line Item Description Quantity Unit Unit Price Total Contract Value 1 8"TAPPING SADDLE&6" 2 EA $ 7,900.00 $ 15,800.00 TAPPING GATE VALVE W/BOX 2 6"PVC PIPE 233 LF $ 250.00 $ 58,250.00 3 PAVEMENT PATCHING 1 LS $ 12,000.00 $ 12,000.00 Subtotal: $ 86,050.00 UDC 8.5.1.C.2 states that Engineering,Surveying, and Testing(@ 10%): $ 8,605.00 reimbursement on off-site Total Contract Value: $ 94,655.00 extensions are limited to 50% Reimbursement Amount on Off-Site(50%) $ 47,327.50 of approved construction LESS WATER LOT FEE -7,280.00 cost. LESS WATER PRO-RATA FEE -3,315.79 Credits: $ (10,595.79) Total Reimbursable Amount: $ 36,731.71 Trust Fund Balance as of May 2023 Available Combined Trust balance of as of 05/31/2023 as reported by Finance is: $626,360.44 Individual Trust Fund balance break down: WATER (4030) WASTEWATER (4220) Water Arterial Water Distribution Sanitary Sewer Sanitary Sewer Transmission & Grid Main Trust Trunk System Trust Collection Line Main Trust Trust $250,610.91 $71,196.38 $259,907.11 $44,646.04 Recommendation Approval The request submitted by the applicant is in accordance with UDC 8.5 Trust Fund Policy. so �o o� A P v AGENDA MEMORANDUM WoRPORPg4 First Reading Ordinance for the City Council Meeting June 27, 2023 1852 Second Reading Ordinance for the City Council Meeting July 18, 2023 DATE: June 27, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director of Development Services alraymond(a)cctexas.com (361) 826-3276 Utility Easement Closure for Lots 1, 2, 3, 4, and 5 Block 4 of Queens Landing by KenMs Homes CAPTION: Ordinance abandoning and vacating a 20-foot wide portion of a 50-foot wide by 537 feet long utility easement out of Lots 1 , 2, 3, 4, and 5, Block 2, Queens Landing Subdivision, located off of Compton Rd near Bentley Ct PURPOSE: The City assesses a fee associated with the request to close an easement in the amount of $1 ,159.40, as well as an Administrative Fee of $52.17, which have been paid by the applicant. The purpose of this ordinance is to close, abandon, and vacate approximately 10,078 square feet of utility easement on lots 1 , 2, 3, 4, and 5, Block 2 of Queens Landing, which is in Flour Bluff at the center of Compton Road between Flour Bluff Dr. and Waldron Rd. the easement was originally dedicated for a gas line that has since been moved and been abandoned. The applicant, KenMS Homes, requests to close this portion of the easement so that the various homeowners can build outside structures, which are currently precluded with the easement. This closure request has been sent to all applicable city departments as well as private entities with vested interests, with no objections received. Closure represents the best interest of the city. BACKGROUND AND FINDINGS: The City has reviewed the request, including a review by the Corpus Christi Gas Department, and agrees with the closure. The current utility easement to be closed has no gas line since it was relocated. Closure of the easement does not preclude access to the other easements where the gas line was relocated. The City does not require an appraisal or to collect fair market value. The City assesses a fee associated with the request to close an easement in the amount of $1 ,159.40 as well as an Administrative Fee of $52.17. Both, of which, have been paid by the Applicant. ALTERNATIVES: Deny the applicant's request and keep current utility easements. FINANCIAL IMPACT: The City assesses a fee associated with the request to close an easement in the amount of $1 ,159.40 as well as an Administrative Fee of $52.17. Both, of which, have been paid by the Applicant. FUNDING DETAIL: N/A Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Staff supports the Applicant's request for the easement closure. The closure of the easement will allow current homeowners the ability to build on their property thereby increasing the value of the home. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Location Map Presentation Ordinance abandoning and vacating a 20-foot wide portion of a 50-foot wide by 537 feet long utility easement out of Lots 1, 2, 3, 4, and 5, Block 2, Queens Landing Subdivision, located off of Compton Rd near Bentley Ct WHEREAS, KenMS Home, (Owner) is requesting the closure, abandonment and vacating of 10,078 square feet of an existing utility easement out of Lots 1 , 2, 3, 4, and 5, Block 2, Queens Landing Subdivision; WHEREAS, the Owner has paid the application fee for requesting the closing or abandonment of an easement pursuant to Corpus Christi Code Sec. 49-13; and WHEREAS, it has been determined that it is advantageous to the City of Corpus Christi to abandon and vacate a 20-foot portion of a 50-foot wide by 537 feet in length of an existing utility easement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City of Corpus Christi ("City") abandons and vacates a 20-foot wide portion of an existing utility easement as shown in Exhibits "A", "B", and "C", located off of Compton Rd near Bentley Ct, with such utility easement being recorded in Volume 2201 , Page 298, Deed Records Nueces County, Texas and being out of Lots 1 , 2, 3, 4, and 5, Block 2, Queens Landing Subdivision as shown on the plat recorded in Volume 69, Pages 650-651 . "Exhibit A", which is a Metes and Bounds description and field notes, "Exhibit B", which is the graphical representation of the legal description, and Exhibit "C" which is a location map, are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. SECTION 2, This Ordinance is effective upon filing in the real property records of Nueces County, Texas. 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 STATE OF TEXAS COUNTY OF NUECES EXHIBIT A Field Notes of 0.231 acre tract being the west 20 feet of a 50 foot pipeline easement closure. Said easement described in a deed recorded in Volume 2201,Page 298, Deed Records Nueces County,Texas. Said easement also being out of Lots 1-5, Block 2,"Queens Landing"as shown on a plat recorded in Volume 69, Pages 650-651, Map Records Nueces County,Texas. Said 0.231 acre pipeline easement being more particularly described as follows: COMMENCING at a 5/8"re-bar found in the south right of way of Compton Road, for the northeast corner of said Lot 1, for the northwest corner of a 0.80 acre tract described in a deed recorded in Volume 2172, Pages 1009-1014, Deed Records Nueces County,Texas,THENCE with the south right of way of Compton Road and said Lot 1, South 78°10'08"West,a distance of 39.31 feet to a point in the south right of way of Compton Road, in the north line of Lot 1,and for the northeast corner of this survey. THENCE South 28°25'50" West,a distance of 512.44 feet to a point in the north line of a 50 foot drainage easement and right of way dedication as shown on said"Queens Landing", and for the southeast corner of this easement. THENCE with the common line of said 50 foot drainage easement, and this easement,North 61°32'05" West,a distance of 20.00 feet to a point in the north line of said 50 foot drainage easement,and for the southwest corner of this easement. THENCE North 28°25'50"East,a distance of 495.50 feet to a point in the south right of way of Compton Road, in the north line of said Lot 1,and for the northwest corner of this easement, from WHENCE a 5/8"re-bar found in the north line of said Lot 1,bears South 78'10'08" West,a distance of 30.32 feet. THENCE with the common tine of the south right of way of Compton Road, Lot 1,and this easement,North 78'10'08" East, a distance of 26.20 feet to the POINT of BEGINNING,and containing 0.231 acres of land, more or less. Notes: 1.)Bearings are based on Global Positioning System NAD 83 (93)4205 Datum. 2.)A Map of equal date accompanies this Metes and Bounds description. 3.) Set 5/8"re-bar=re-bar set with yellow plastic cap labeled Brister Surveying. I, Ronald E. Brister do hereby certify that this survey of the property legally described herein is correct to the best of my knowledge and belief. onald . Brister, RPLS No. 5407 Date: May 11,2023. O F•lF . ........... RONALD E.BRISTER Job No. 230764 `�° 5407 �P Q �N� S Roti' PAGE 1 OF 2 SURVEY OF 0.231 ACRE TRACT BEING THE WEST 20 FEET OF A 50 FOOT PIPELINE EASEMENT CLOSURE.SAID EASEMENT DESCRIBED IN A DEED RECORDED IN VOLUME 2201,PAGE,298,DEED RECORDS NUECES COUNTY,TEXAS SAID EASEMENT ALSO BEING OUT OF LOTS 1-5,BLOCK 2,"QUEENS LANDING"AS SHOWN ON A PLAT RECORDED IN VOLUME 69,PAGES 650-651,MAP RECORDS NUECES COUNTY,TEXAS. THIS SURVEY HAS BEEN PERFORMED WITHOUT THE 7Y BENEFIT OF A TITLE 01 COMMITMENT. OtIRN dyti SCALE 1"=100' �� yZ „r01� 0.80 ACRES O CITY OF CORPUS CHRISTI,TRAGI'A-3 1 Jam, VOL.2172,PGS.1009-1014,D.R.N.CT. LOT 1 ( `'-t 30'C.P.&L.EASEMENT AS PER VOL.267,PG.244, 0.231 ACRES D.R.N.C.T. 10,078 S.F. W N78°10'08"E v w 1_26.20' (MEAS) Z a LOT z v L2- N78°10'08"E 39.31' (MEAS) � W o NZ�° no W CA LOT 3 N o0 C6 OO d c� N cn 0 z LOT4 0 00 20'PIPELINE. EASEMENT AS PER VOL. 428,PG.158 N D.R.N.0-T. LOT5 t- L2 N61°32'05"W 50'DRAINAGE EASEMENT Q L2—20.00' (MEAS) AND RIGHT OF WAY DEDICATION o 25,038 S.F.-0.575 ACRES 40'DRAINAGE EASEMENT 0.80 ACRES AS PER DOC.NO.1999044398, CITY OF CORPUS CHRISTI,TRACT A-3 O.P.R.N.CI'. VOL.2172,PGS.1009-1014,D.R.N.C.-r. 3.01 ACRES OWNER:CURRY JOE ET UX DOC.NO,2000015514,O.R.N.c.T. p =EASEMENT CORNER @p =FOUND 518"RE-BAR EXHIBIT B PAGE 20F2 Brister Surveying 4455 South Padre Island Drive Suite 51 _ Corpus Christy Texas 78411 Off361-850-1800 Faz0-1802 !O F�� Bristersutersurveyiog(gwus. rptwcbacom ,,rV THIS EASEMENT DOES IGATIO ,ORLOCTHE '`�••" RES EARCH,INVESEMETS,RIGHT OF WAYS, OF ALL Pirm Registration No.10072800 Y. G1S.T E '•., •S•• SERVITUDES,THIS PRNTS,RIGHTOF WAYS,OR ytQ. ,. UTILITIES ON THIS PROPERTY. NOTES: ••"" 1,RONALD E.BRISTER DO HEREBY CERTIFY THAT .............. 1.)TOTAL SURVEYED AREA IS 0131 ACRES. 'RONALD E.BRISTER THIS EASEMENT OF THE PROPERTY LEGALLY 2.)MEASURED BEARINGS ARE BASED ON GLOBAL .... DESCRIBED HEREIN IS CORRECTTO THF,BEST OF MY POSITIONING SYSTEM NAD 83(93)4205 DATUM. •q 4U'1 Q, KNOWLEDGE AND BELIEF. 3.)SET 518"RE-BAR=STEEL RE-BAR SET WITH 5:7 a Q YELLOW PLASTIC CAP LABELED BRISTF-R SURVEYING. 0 �.9♦•'FESS%.4.)A METES AND BOUNDS .�a DATE ACCOMPANIES THIS SDIIRVF.Yf10N OF EQUAL •y4'SUav� :i SURVEYDArr MAY 11,2023 JOB NO.230764 R06ALD F.,BRISTER R.P.L..S.NO.5407 r Exhibit C a a. CoMpTON I t IT=J . r fey a 1 r ES �n 4 w. Mu 0 50 100 200 Feet t.4 Location Map Lij Queens Landing Subject Property Easement Enclosure Approx. 10,078 Square Feet de I Oso O` b� °O�q Date:5/17/2023 Department of Development Services C,Wsers4varor\City of Corpus ChristiVT GIS Team-Maps12023 Location\QUEENS LANDING EASEMENT ENCLOSURE AERIAL MAPTROJECTIQUEENS LANDING EASEMENT ENCLOSURE aprx ,M • I► i Easement Closure µ ,r 10,078 Square Feet out of Lots 1, 2, 3, 4, and 5, Block 2, of queens landing Ism r� i iJ City Council Presentation M� 06/27/2023 .sem: ; - Property Map bX i r r^, 0 50 100 200 Feel 1 1 i t= Staff Recommendation LiY Approval The applicant requesting the utility easement closure has paid the required $1,211.57 processing fee. Request has been processed in accordance with Section 49-13 of the City Code of Ordinances. so �o o� A H AGENDA MEMORANDUM µoRPORPg4 Public Hearing/First Reading for the City Council Meeting June 27, 2023 1852 Second Reading Ordinance for the City Council Meeting July 18, 2023 DATE: June 27, 2023 TO: Peter Zanoni, City Manager FROM: Daniel McGinn, AICP, Director of Planning & Community Development DanielMc@cctexas.com (361) 826-7011 Agape Ranch Petition for Annexation and Rezoning of 10.817 acres in the London Area CAPTION: Ordinance annexing approximately 10.817 acres of land into the territorial limits of the City of Corpus Christi and rezoning the annexed property at or near 2738 London Pirate Road (County Road 33) from the interim "FR" Farm Rural District to the "RS-6 Single-Family 6 District; providing for a penalty not to exceed $2,000 and publication. SUMMARY: Upon request by the landowner, this ordinance annexes and rezones approximately 10.817 acres of land that will be developed as "Agape Ranch" subdivision with 24 single-family residential lots in the area south of Oso Creek, at the northeast end of London Pirate Road (formerly CR 33). Staff recommends approval of the annexation and zoning request. BACKGROUND AND FINDINGS: Description of the Request The landowners of Agape Ranch requested annexation and rezoning of their land, being approximately 10.817 acres south of Oso Creek at the northeast end of London Pirate Road (formerly known as CR 33), and northeast of the London ISD schools. The proposed "RS-6" Single-Family 6 District zoning will provide a minimum lot size of 6,000 square feet. The current use of the land is farming with one resident. As required by State law for annexation, the subject property is contiguous to the current City limit line, which abuts the London Towne subdivision to the south and City-owned property to the east. City Services to Subject Property The landowner has 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 served by an existing 16-inch City water line in FM 43 and a future 8-inch City water line on the east boundary stubbing out from the London Towne subdivision. A City wastewater line will be available to the subject property through the London Towne subdivision to the south. No City gas lines are in the area. The developer will improve CR 33 to the rural standard established by the joint City/County Road improvement project in 2019. The proposed development does not reach a threshold at which additional City Police substations, Fire stations, City Library, Health, Animal Control, or Parks and Recreation facilities are needed to serve the increased population that will occur over time with the annexation action. However, City Police and Parks and Recreation are currently analyzing options to provide increased service to both existing and future residents of the London area. Analysis of the Request Annexation: To make a recommendation on the annexation, staff conducted an internal review with each City department responsible for providing services to determine any impact to operations and/or any need to expand City facilities. No City-funded expansions are determined to be necessary for the project. Other positive benefits to annexing the subject property are 1) gaining authority to prohibit the development of incompatible land uses through zoning - which protects property values and quality of life; 2) gaining authority to ensure development meets City standards in an area already served by City infrastructure; and 3) the authority to prohibit On-Site Sewage Facilities (septic systems) close to Oso Creek and its watershed when City wastewater lines are already available nearby. Rezoning: The subject property is located within the boundaries of the London Area Development Plan and the future land use designation for this property is "medium-density residential." The proposed rezoning to the"RS-6" Single-Family 6 District is consistent with the adopted Comprehensive Plan (Plan CC). The proposed rezoning is compatible with neighboring properties and the surrounding area's general character. The "London Towne" subdivision to the south is zoned "RS-4.5" Single- Family 4.5 District. No zoning exists to the north and City-owned land zoned FR exists to the east. This rezoning does not have a negative impact on the surrounding neighborhood. Planning Commission Public Input and Hearing Process: The number of Public Hearing Notices mailed: 49 within the 200-foot notification area 4 outside notification area Responses received as of May 23, 2023: I n Favor In Opposition 0 inside notification area 1 inside notification area 0 outside notification area 0 outside notification area Landowners in opposition total 1.18% of the land within the 200-foot notification area. Public Hearing: Following the public hearing held on May 17, 2023, the Planning Commission recommended approval of the requested zoning. Past and Future/Potential Council Action Summary The proposed annexation is contiguous to the City limits established with the approval of the London Towne subdivision annexation, which is located on both the east and west sides of London Pirate Road south and directly adjacent to the Agape Ranch subdivision. To develop lots connected to the City wastewater system rather than septic systems, a wastewater lift station was constructed in accordance with the City's Wastewater Master Plan and approved by the City Council in May 2018. This wastewater lift station will provide service to the subject tract. ALTERNATIVES: Because of the positive benefits of annexation which are described in greater detail throughout other sections of this memo, the staff is providing no alternative to its recommendation to approve the owner's request for annexation. FINANCIAL IMPACT: The 24 single-family dwellings planned will be constructed over time as funding and donations are provided. The dwellings will then be used by Coastal Bend area foster families at the discretion of the Agape Ranch non-profit organization. Therefore, there will be no future ad valorem tax collection amount to compare financial impact with. Instead, the financial impact on the City will be 100% of the projected increase in annual General Fund Expenditures required for each dwelling unit constructed, occupied, and for which services are provided. 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. Staff also recommends approval of the zoning request to "RS-6" Single-Family 6 District allowing minimum lot sizes of 6,000 square feet. The Planning Commission makes recommendations on zoning but not on annexation. At their May 17, 2023, meeting, after holding a public hearing, the Planning Commission recommended approval of the zoning request to the "RS-6" Single-Family 6 District. LIST OF SUPPORTING DOCUMENTS: Ordinance Landowners' Petition for Annexation Final Zoning Report of the Planning Commission Presentation Ordinance annexing approximately 10.817 acres of land into the territorial limits of the City of Corpus Christi and rezoning the annexed property at or near 2738 London Pirate Road (County Road 33) from the interim "FR" Farm Rural District to the "RS-6 Single-Family 6 District; providing for a penalty not to exceed $2,000 and publication. 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, subject to the laws of this state; WHEREAS, offers of development agreements pursuant to Texas Local Government Code §43.016 have been made; 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 Exhibit 3 Municipal Service Plan Agreement with the owners of land in the area for the provision of services in the area to be annexed; WHEREAS, 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 the publication of notice of the hearings in a newspaper of general circulation in the City of Corpus Christi, for the consideration of annexation proceedings for the defined lands and territory, during which all persons interested in the annexations were allowed to appear and be heard; WHEREAS, City Council finds that the territory now proposed to be annexed lies wholly within the extraterritorial jurisdiction of the City of Corpus Christi; WHEREAS, City Council finds that the territory now proposed to be annexed abuts and is contiguous and adjacent to the City of Corpus Christi; WHEREAS, City Council finds that the territory now proposed to be annexed 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; 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; WHEREAS, pursuant to the Corpus Christi Unified Development Code §4.1 .5, all new territory annexed to the City has the initial zoning of "FR" Farm Rural District unless action is taken to amend the Zoning Map upon annexation; WHEREAS, the landowners have requested rezoning that is concurrent with the annexation process for the subject property located at or near the northeast end of London Pirate Road (formerly CR 33) south of Oso Creek; 1 of 16 WHEREAS, with proper notice to the public, a public hearing was held regarding the rezoning during a meeting of the Planning Commission during which all interested persons were allowed to appear and 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 regarding the rezoning during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council finds that this zoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this zoning 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, THAT: 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. A 10.817-acre tract of land, more or less, described by metes and bounds in Exhibit 1 and a map in Exhibit 2, generally located at the northeast end of London Pirate Road (County Road 33) south of Oso Creek, is annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi. SECTION 3. 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 4. The official map and boundaries of the City and its extraterritorial jurisdiction, previously adopted and amended, are amended to include the territories described in this ordinance as part of the City of Corpus Christi, Texas. SECTION 5. That the City Manager or his 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. 2of16 SECTION 6. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of the ordinance shall be held invalid or unconstitutional by the 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 7. The City Secretary is hereby directed to file with the County Clerk of Nueces County, Texas, a certified copy of this ordinance. SECTION 8. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas, are amended by rezoning a 10.817- acre tract of land (tract 1) as described in Exhibit "1" and shown in Exhibit "2", from the: "FR" Farm Rural District to the "RS-6" Single-Family 6 District SECTION 9. 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 10. 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 11. 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 12. 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 13. 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 14. This ordinance is effective upon passage of the second reading. 3of16 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 4of16 Exhibit 1 's-1AFI OF TEXAS CO I,N FY OF N UECES l-.'%l-i[3IT —A 1'::-'d notes ofa 10.917 acre tract being all ofan 8.0:: 1 -.0--IhW in a deed &k_: I -CL- 11It ill l)!l4 Offwin I Public Rec.'rd'N. I NW: I 1i%' 1%1� L .1�lk'.:1 1 ITI Dock. cy L A L •c: r.OAL 'L, P I} .:;', All Vap RLcores Ntwck:N CutiwN, I;.-w,Suid W.0 acre back hein, 1:1- 1 L l'jI I", k. 01 El Point in the east I I i t of%k ay of County Road 33,for the northwest comer ol"Lull 2, ;1'1 I-•:I-.,:�'.;1,J;,"-i n I"r i1 , .I,,I-n-,I lic-i 1;it- c7 V;-I ume 69,Pages 493— N I:i 1, v. -J I.,i icc---,i.mj I I I.%. I eras,a I I d 1,.11 L I iv tivL.al%,cl L Corner I i 1,LAX t. :1,,c uummcin line ofihe east naht of s�zl'v o.`C4 unto Roar '33.and cbi�:arum N(..r(h .11 Ul 1::L: :I.- I W 6'Irl. d Se r I`:'J .1,a L!d I L: I "k -'v-.,r.l '--' I IL '--1 11-1 _c'::`'L:A L)k U HFNiC V r.:l'.: ,I. ,:.KOLIJ 011�; 1'%,,r kl:v iwruminy'�Ll%mel L �ULLI 3.4 L�I C. -C S,'J 1.2 11 d ::.iEv of 15,41 PU$ia 5ig"Fe-bar found previously scl,and In J i Ll 54.20[eel. THENCE In the comma-i line of said 64 00;I-rc'::icl mid(III%- ;1ti-. �- 1-th N'll'—W,Last.a,11[.'1lclz Ill ll'c'�U.mj ;,I,:• 1"'L'!7::k I :I::,rih,::; ii i in j,I N-L I-d' k:o-n�-of a.L! ,lin:1-!L ;n41 I,rr the 110171NLJel CW;I ' Y!I tuffs UJI1,Ir011' 15 11 F NCT- rc-lkr 1.k.:i.1 1-1,:Lai l,nL Lii 3,!G:r,-' A acre tract,bears North 8.1i1'22"East,a diN11L 1—-11 2"N.'(1 ti�L. '111 IE NUJ i ic common lr),` •:rr -'IrH i')aL;retract am.L L, N'-L:1 .S::J." A a 1. . 11-1!C-L-1:IAUti J' % kil : ';.:—', 1, :.1::�.I :k,: l'11 1,: 1 and lur chL Wrilef OJ :1..-L:,;,L. T I I FN CY 11P.11 111.12 q0kJ1h :I,'"I:1-1: 1•;11 I.L LJ -01'[11C n Orl. k'I t of ,I :fl,-A a -k A j j I.,,k -K I k 1 7.CIL,1 I,:,- i•14t 'I L ,1 17,a',.ir. d. ! i'. iLwu,' 10 the POINT of Ht.( I-NG,tend 10.91?acres of land,more or less. Notes: 1.1 A Map ofequal date accompanies this Mctcs and Bounds description. Set q.1"rc-bar 3Lcrl r---hay cel wilh%ellow l>-asnc cap labeled Brister Surveying. I his L;xhibil does not o0P'0W11t.311 on tno ground boundary survey. 4.)Measured bearinp are zascd on glubal posi600ling systor-i NAD 13(93)4205 DATUM. 1,Ronald E.Brisker do hciel)y certify that thi5,cxhjbii of the property legally described herein is oDnVCt to the best of my knowledge and belief. koma'14 E--Trister,RPLS No.540T OF 7- Datc:Scpccmbc:r 16,2022, ........... RG D E.DRISTER ........ ... 5407 "T Auli4 Job No,222186 Page I of 2 5 of 16 Exhibit 2 Ei XIIIBIT UI' A 10 N I 7 ACRE TRACT BEING ALL OF.,'-%110]0 ACRE.'I'RAC'T DESCRIBED INA DT3TiD RI�CQRDEiD IN DOCUMENT NO..2016D532M.OFFICIAL PUBLIC RECORDS NU F.CES COUNTY,TEXAS,AND ALSO BEING OUT OFA 3.472 ACRE TRACT DLSCRIBED INA DEL"D RLCORDIiD IN D0S'l114E-NTN0.20ZI0GV5%OYI7[('SAL PUBLIC RECORDS NU'ECES COUNT A-LXAS SAI[)10,q 17 ACRE TRACT BEING OUT OF SL CION•'D•,LAURELES FARM TRACTS SUBDIVISION. AS SHOWN ON A MAP RECORDED IN VOIAR 1E.?,PAOF 15,.%IAP RI;CORDS NL'F.CESCOUNTY•TEXAS. 308.99 ACRES +V a�W� fly O DOC.NO.941343 B RS 1�,�, S1R,N.0 'Wr L )k.ar 6 03,22�W Q- ,T. rays°?U•� S2,S q4.(M o SCALD I'=164Y +, `S' W❑ " ° � a o A z WT 0 I I.Or 16 I LOT IS 64.00 ACRES M ° LCR U DOC.NO-20200D1025 QP.R.N.C.T. I 9 < Lerr n F a °u 10.817 ACRES �w 471.185 S.F. r M 4,A U LI-)T f D1_'1'AIL NOT fu'C'ALF I 1()'I 11) a C LOIY H y O. cora LC7r 7 �o EU'I 6 LOT 5 LOT a O U1 DF.TAII. %01 10 WAIF, C+ 1.1=y&ww12 .,-`W 34.24)' (NIFAS) R�y�1NT]'�' K 12=NZW IV 511,; 533.U6' (MEAS] Qxw 0gp�3 ��y P.O.B. C FOUND PREVIOUSLY SI:T5'S"RE:-BAR �l[s ©II FOUND 5N'RF•BAR O=PROPER]%CLIR%F_R EXHIBIT PAGL2 Of Brister Surveying (1.1?sf.h FWnIWN Ome Suec fl on xlawixn ' r--..eelswslut QFr� FM Mprullm.>.u.19lfik4 ��.,. �x Till �•.ee TRI.]-ln.:I IH)r3 wl IKiLpE 1W£0.F3F.ARCM •uli. �! . IN-11—M t111ur-,QR IUTAYI ' VTWI X30' TPL; itint�l.h0.[.�fN!tlrinlr l+IUYIf AI'RLi ...r..,•...,............ IAN vk 11 r.Kori1lY OF wAY1 UR«TfufIE3DY TVI! +nvt;IS.1 Abu uu^.'�u511(9C'ftIP11Dti OF'LKll nl. RONALD F.,BR1'8TER P0.069L'u Iv 11A11 qc'11ur SII YIII11 A1t1111T. ..,,......,•....,.....,.}... Lk(^All.l4 hh1YTLft0011EREgYCFAT1F1TWAf :.TI S wtl r• >tlil RLuaR SET wiIYT ;i '�'t Ycuu .rnvr rx.AkmuownrtAxxve�nv�t. 1 507 r. rH15Exw5E1urnlLlx9n:xTVIssALLY (Jt pxYfQ lH9CkxkFnl/E4F.1`111CY]RRF.CT iG TIIE 43T OF MY •)f1kSk1Y11Y111OF4.xYr RElRkSEIiI AY(ri THF. �••..ff11,.•"� GRpLnD FOI'IOAf1Y SL�#t'+I;Y Np Rhilw FO[W'hW 1111TC.T vaYG3 ARl.latl.❑O�GI.ORAl. 1 51u.1'A[t'R tI]nl. fcnlnonlws{ItivLrw Frns•:�-l...nu m:neTvmn S1 PrUM13LR It,112_' ^� JOB NO.2221116 RO ALD t tw.TCTFR R rI.S.W)W7 6of16 Exhibit 3 MUN IC.173A: SF RVI(7F PI AN AG RFFIVIEN I FOR 10.817 ACRL f RAC~"I ?_ NG ALL Cif° AN AckL TRAOT DFSC;RIBED IN A L)EEF' RFC0RDFF, IN 14T NO. 201131 3230, OFFICIIAL PUBLIC RECORDS NU1".',L_-S COU NI Y. TE C.2, . ANL; A_SO E-3=ING C UT 0Z A 3472 ACRE TRACT DE CR!R=T) N .--. DEED R:-(;C,R~'Ff] IN D0rL', .l%,1FNT ` 20 1002859, OFFICIAL PUBLICS RLC O—�US NU=C}ES ""01J\"'Y. TF7�:',S. S,-,.IL) 1t . ACRF TRACT BEING OUT Ca'= F4'T!C) 1 "D' . F-A�f:' T f, aTS SLJP:,'IV!,S-ION AS S3-OI] ',m 'ON A MAP IN VOLUME 3 PAGF 15 MAP F<.-C{)R_)S NUFCLS C.C,UNTY, TEXAS Tnis MUNICIPAL SERVICE PLA' A-'fF _L`:1LN I ' Ag,eement") is e-itered irto by and hotwcen t^o City of ,.,, f'.a C-1- 5;!i i.'CCi,y :wc. �,is-i l Klaus, ,Agape Ranch ('I :i r.•:J":;'f�res'"i :;cath of v�n�rian may he rete:rre c "err n s igtiIar.y as"Party"-Dr col I ect i-v e ly as tl-e Taric-s. ' WHFRFAS. -Ier Landowre.r 7 a:= i e:,,. 1'1i1' °i e .',ity c::,iis der annexalicr cif a In'-'-d !o1a _ al src ~'s:r;' I J._�'l slvrr:s u° is'l.l SItr.atod in Nc.euet; Cc."Intyr. it `"1e:e:: :a'c J F:.r. `c.:> ,.I. ae: irc: as Exhibit A arb r7afr in Exhibit E3 , tui'. i_•rr 'r :c'I,' .:I~ wl" I-c:.~J ')F. r.°,; ,nenrporated for all WHEREAS. . ., ,=it•. Ir_v'lcs to Ir4711'ito a;ircxa'r l ."r ...:;,: ":a° fo. •I'o 'Siar:_.'1.1 WHEREAS, Texa-, Local a vwritterl tor t'lr u'1 sioin c 'vCr'JI-e...; t'A :ire.! `I':,, L-.e e:"':'r':':J i,',l{] l .lti.v'eer the City I rii-,: .,,1.".'"6: f of 1'1- S.iLje i'l Property [SJ ;i l�i•:�74cItr:Jl' WHEREAS, '.I-c City wid the Landowner agree each yvil L: :nefi# 8ioa - It-e- C `.is cl illy find 7e7f)';,ig requlferne nts. ac; we I iii ether mill:-ipa: :iC''ti ;'c'5 C;1'r '-d ch are i.-pod and va (aaUe con;ic:}ration f::• the= . <.m,(),.,;. - to -I-e "'i.'I = .. erltLr Ir:,)this Acreei-en, -:;I't��. �_• t:. �.7rf)`. ;' :. I st=—d s r', rnv .' Cn I'll}e"'c7t .n and in acoord�a°,cc rMil°', kl�i� Ilgr�e3rrle;,i WHEREAS. t' c }'ity Cl,:oncil of the Ci",: of C :.r:a..s C:hr st , Texas, finds and t:.f'.II} ill:' I':i; "I' ti iii:le lflf''lt y:'1' I 7 r'-0V dm- aaw f'v'4ic ' sDrvices Cr a l v;er e:•''.'e ':f sery ccs ,i :I,c -1•i5r° :.; rc r :xis:`:: :;ce ir• C'•e :virexafien area at t'lv t 1. immeJiz:lei; [.-e(,ed il�_: the anrexslricr I' Cres' I ° service -will pro..'. -,,,e ' .. arme>$ ed ;irc._l '.,.iin u if;v�-. r" r ::i'.ic:, ir''i,n :i'..."..e. and Irl'ast!,:JLlre ma',ntenar":C' is comparaDle tw the e-jel v' A ,l°;ir,i:°c.°;: iar ;a '.lru�,tru�lure rn3; tte oi4 i 1 available in other p<ar--: of `r'e ..ir ci,.,n _y ,--iVi toav,i"ap ly, land rase. acid popula' :)•l density similar to those ca- :,i 0 jected in the area. WHEREAS, it is fQui:)d 171::' :, ?;:.E. In'} I-aavbeen salisfiec and the City is authorized by 'l exas Loco. :_uvcr vlly . Code C;r EII:kr'. 43. to fz)rnex the Subject Property into the City NOW, THEREFORE. in cansideraflan of the mUtUal coverants contained �lereir the Parties hereto agree as fnll€rws- 7 of 16 Section 1. Recitals Thu Parties hereto ac,cnovvedge and agree that the Vegoing recitals {a,e fit:r�t�y : 7d to be true and correct and are hereby adopted by the Parties and made a par `7r rr:::f f:,- all prrrDaSeS. Section 2. Services to be Provided The following 'service list represents the provision of surd-r-c5, To, .r -Asvoo: t,r-, lardowner of the Property and the City cstablishir g a .arucrarn L ndc- w 7i,.: t o (si' :r;iII provide municipal sc:rvic:e% ':o the SulLject property as required by 1-exas I.ccal Government Cede §43.0672, will bc: provided at a level consistent wi-h se w ces levels provided to other sarr- laity sit.jated areas with!n the City a.General Municipal Services- The following services shall be provided Immediately from the effec-ive date of the annexation: (1) Palicr? Protection: +o �)c Pmvadod The Corpus Christ, Po ice Department (CCPD; will provide F.)r-lice protection. (2) Fire Protection. , eii-kcs to tri r-ovilled TheCorp-is Christi Fire Depa•t-hent will urovide Fre pveotinn and suppression through its existing fire stations (3) Emergency Medical Service: ervice In be ProOded- The Cor'pr.s Ch°isti We Ucpartmer7l will provide emergency medical services. (4) Solid Waste Collection: efurees to be Provdcd. Ater the effective date of annoxsc Iinri, the Lity oaf Ccrpus Christi will provide solid waste sc.rvic:es t;s �,irrcgle family res denliA customers directly or indirectly throug h a third-par-.y contrac`. Commercial gar bane collection service for businesses a:ac r-nulti-family resicences is available on a subscriptior. basis from private service providers. The City of Carpus Christi will allow commercial refuse collpotors to continue providing :his servire to condominium complexes, multi-family apartments andmmercial and industrial t2siablishments_ (5) Water Survice: ExWMg Services: Currently, the City of Corpus Christi holds a water certificate of convehier oe and necessity ("CCN:) for the annexation area. 8of16 Services lo be "o. 0- '�01"'-LIS will continue 'r) provide water Service to vie n :,j(::.;',rd!'vq%.�� -,Ni,h the applicable rules and rag u I-ati on� for tne. I:--,)vi s i-,r '0,lato.r scar i c y, -s•ate -,-4?ry i oe wi.I �e pr: v ided to t h P, S.j bj ect F ra pe rty. -,a pp I ica b le n n,t o r.s it e r(,,::' :)y-ie utility holding a water C C N fo, -.he subject pi-clDorty ar portions -1-ereof (tl-e ".0GN iolder::) and. as applicab e, t,)� j it i liry providing w-)nl Psa le or rp.,ta, water qC I r V i.-,e-to said C C;N holder_ Absent a wa-,or CC-14, by the Ai ty in whose jurisdiction the Svbie!,,t Property, or portions a� anpl'c,:=-..p orated, th-e extension of water service will be provided in accordance with all th-a ordinances, regulations, and policies of the Gi',y- (a) Wastewater sorvice, Existing Services: Currently, the annexation area lies -oatside a wastewater certificate of convenience and necessity ("CCN") Services to be Provided, Absent a vdas-ewater CCN by the utility in whose jurisdiction the s-ibject property, or portions thereof as appi cable, is lacated, tl^e extension of wastewater service will be provided it accordance -qvi-h all .he ordi,-iances, mgula-ion-.;, and palioies of the City. Whei are, not reason-ably accessible to a public wastewater "acility of sufficie"it capacity as dctormired by adopted Cly wastewater slandards,, individual aerobic systern or individual wastewater treatment plant will be utilized In acro.-danoc with al trio ardinarices. iegtjlations, and policies o,;the City. (7) Operation and Maintenance of Water and Wastewater Facilities that are not Within the Service Area of Another Water or WRst9water Utihty:. Vlater a,id wastewater sery cue wi[ be Prov ded -i accordance wit!, the Corpus Christi Unifiod Developri-it-10 GMEUtility De-parimert Pnlinir-q ar-,-., cr,g -ieering standards and provided the service is not within the certificated sc-.rvi-r. arca of ano',hpr !jh 'y nxisting"acilities located within or adjacent-c t-ie ar-aa. Any and all wa:er or waste-water facilities owred cr mainta;r1c,(. t.y 'he I (-..f Corpus Christi, lexqs. at t-ie t-rue of the proposed annexaionsl"a continUC !C 'C maintained by IN? My c.p Corpus Christi, Texas. Any giid ;---Il v4ij,.-r C)i wdhlewaler facilities that may DO 11C p—oporty of arother rr inicipa ity -r ot-or entity shall not be ri-air-itijir,ed hey the C of Coirpus. Christi unless the fa,-ilil es are def.' ca'ad to and accepted by the C,*y c: (-:orpus Christi. The cur-c— line mains at their existing Ilooaticns slial L� for point of use based upon the Current Ci-vs standarc. pclicie!� (-,7xizfir-.j cr tis r-noy be. amended Cry site sewage facili-.es may Le allowed contingent upon the property owne, meeting all city. cc)Ljnty, 51atF and federal requiemenits {8} Operation an-d Maintenance of Roads and Streets, including Street Lighting, 9 of 16 The City w-M maintain public streets over which the City has jur;sdi,1ion. Roads, st,eets or al oy-r a-is which are dodkU.-tited to and arc�oted by the City of Corpus C"I''i::'i, I e-A a n" (), .",111,,,1 are owr e d c y _-c 'C ty 0# C D I-P LIS Christi, Texas7 shall be i—air'a.ned to ff-c s,j—ec r.sAuc lliiv, either roads: streets and alli,yway-% ;:'(3 Maintained in tne City. Ilightirg of public -oads, strcct� ;)nd alleyways shall be rraii-aiined b%; the Lipnlicable utility =npany servicing the City Ljnes-,; the lighting fu(:,ility has been ceti cated to the public, in which case tho City Wi-1 be the operator. (9) Operaticn and Maintenance of Parks, Playgrounds and Swimming Pools: Currently there are r-.-, pA: c , ':.hill -Tie amic-xa-,in-- a- ri riduding parks. p layg r0l U.'C S. u I, sw im ni I I- o k th'a I '-'a De t.-der t h e responsibility i).' 1,'I:,: (,:,'LJr1tY will jQ Friall -ed r'y t--c. City 0- Y I I (11-1c of the park by the Coin"y to the City and -te oar oy -.-ie "'A'y Co,incil. If the City acqu s any parks. playgrOL11-C-S, 0- S'-V -T'--' -1.:1 i-I We annexatior area. an appropri;31-e Cily evil .arovicic- r-,a services (10) Operation and Maintenance of any ether Publicly-Ownea, Facility, Building, or Service, Currently there are no such other publicly owned faGilities, buildings, or SeWices identified. If the City acquires any publicly ownea facilities, buildings, or services withir the annexation area, ar appropriate City department will provide maintenance services. (11 Planning and Zoning Services, � )-i r. anrinq sereices Currently provided When plats are, -SeFVICeS :0 Igo �"rQvocd-. The Ciky willrnpo�:& <.ind enforce zoring, sub6ivision deve-loornent and building ,7milotionn with the Annexed Arca ADD�the CffCGtiVQ 'LIZIte Of the annexa1or. I—itc'cernert wkl be i-i accordance vJth G' ty ---rdinances. Devolopment plans and plat-,far 1::rojecis with -I the Annexed Arca i bo rcvi 0,,ed f(,. (,nmpliarce with City standards. The Lse Of k-Ind ii r, ,A legal ---ar—ie, may co,it -i,ic- i acccrdurice wir.h Texas IL ical Government Code§4 3.002, (12) Other Muniripal Services: 4.9c TMS II'CIL,r-inq parks and library. will be avalable For ise by lands ,-arc- Ar-iex-mci Area on the same bass as Ouse facil�ties are., avail ib ca t--, current City landowr-ers and residents. City res dents receive prc.�-iiv for some City programs. Excluc ng gas and electric servi,-es. cti-er C-ity 9:;rvices --icluding Animal Cont* . Code Erifofcernent, MjnicMpal Court and Gf--i-A ri sI-ition se-vicas be also bo available to laridoaners and res cer-s in 41-c A11rexc-d A-ea ,.,r, Fi-�:. basis these acihties are available LU cur �!r,.,L C.1 y a n d own e rs and re si c c r's.Al I rather servi cuti rjc r i ter r plated herein will be availah, c ipon the of tc;tive date -..4 aw-exation. 10 of 16 b. Capital improvements. No additional capital improvements are necessa-• a' seivice the SJbjCGt Property in the same manrer a5 riirrii1:1r y �,'L.. .ri 0.) ,,0S U fvr -d ."r 010 P m ent of the Subject Prape-ty or redevelop—or: the Landcvl w; I t - sespons ble `or the development costs the t5arrie :j r:eveloper in a pari, s RMtr:cf ilrea unc:er the ordinances cn effect at the tame of r,clvc- .pment ,V_ re.,e- c° Ca, _af improvc-ment acquisition or construction will ecc it accaidancc v.11, Ea°p c eta , oAl-nnc es and regulations and the adopt,,--.' c�ao.'t° irnf:-0ve71ent p :any of Jie Ci--e. as may be (1} Water and Wastewater Facilities; 1Vater and VV@stcv ;Mer infrastructure, and improvomerts 'l Le consrructed by the I {and•),vraer or La-:do„nc•s developer according to 11-e k0oi puz3 Christi Unified Dr,.u op,-rent Codc r 'v k: 'l and Wastewater standards, and City's masts nl;vv; a� ,n.Ay hg anae-)Jed. (2} Roads and Streets- Road ar.d strer}t •7f l-:3st-iie .. e- anti nip-,-vcn- bo c:omA;uGtea by or L:i lidov rer's rse',rry ;a :.:::rcii'i-, ill t'".e Corpus Christi in fier C1avf-of7mr-7-it C c-.Ae , i!rr`w Aps g., stardar-1 alid C.-.vs m;nstor plans, as may ole amended. In goneral, the i,i,y will acquire contro of El' -Lib c F;- ;in:];in,i G:r.Ai., streets 'lthe anne)catior area upon anriexa'l Fl.'l_11--' exte7s.urs of -cads or strcaets a:,c: related facilities, such as traffic von ml ocv ccs :.l •I t•r�i City limits wi; be governed by the Ci',y's Oaindafd pca,�c es a.'ld p.r:Dced-res. (3) Street Lighting., greet Iightirg in -evv aril ck'i;tir c: ur."YJIV:-: Wlh- l be rnsta.Aed and r-air`a -.ECJ in .l he appiicable standard) pol cies and procedu res Scction 3. Schedule of Services in accordancc. 't,,th Loci. (3::4;-rnv-ne'it uccc 1l3 ,r , .. ,�:r�i -r. nt 7, are c,.:'at r:)atod nye this Agreement and u schr c:i.., c.! ;..r ,r ,v as co".ar-plated by Texas I clil C c,ver i hent Code § 43 :572�bl es rot ,i:)r:licabc 7s Niru sor•l deentified r - 'l ce p"caicicJ upon the offect"',"e date of annexatien. Section 4. Level of Scrviw M)'•ikI,, iii T .: �j--- eine,it `7a!l rcgi..'•t,. _1-r5 C." ; -ro-1 c e 11 ,i°. ic;rrq level of full rrunicipal scrv;ccs to c a,, it -.i : i of th,� C. 'v inclr,;.i nq t,ic annexed arra,; i`different characferistics 4A iclpoai<i[+y Iar.d uso. and populatiorn citisiy are vonsidured a sufficient basis foir providirc diff(rr--il csve.s of service. The City of Corpus Christi will provide services to the newly annexen area in a manner flat is similar in type, kind, quantity, and quality of service presently eraoyed by the citizens of 'hie Ciiy cal Corpus Chrisfi. Texas, who reside in areas of Sim tar topography land utilization and pop4rlation density 11 of 16 Suction 5. Vested Ijghts Claim. `IIs Agrc:vi is riot a permit for the purposes of 'Texas Local Government Code Section 6. Effective Term_ I-c erlil r,` 'his (the "-ferns'') os ten (10) years from the Effective Date. This 9 re,i, s uttcc'i' u ,son cxmution by 1h e City Scction 7. Forue Majeii I I seof an ermergenry• �Lioh`a o�fOrGe MjPRZ ,ns 711 .t-fin" is vcf� iod ir• I"i=: Agreement. it '.0iic;h i pity is forced to temporarily aivert is :end -eso_ii .a'vva''t 'i Vj ' 'le:xatlor area for hurr)anitai rx.rpases c,, of Tc t;cr1C':'ril 1;.;;,,ll;. 1--e City ilzaSJ to: take aVl reasonable I-easui to i-E�� vi'::e s is tl-e an-exa:io . area ,3f tl,o lcvcl described iri this r"�c; er'slr 'll as saon as posslr c F :;r(: hb':�ie{.:e sisals :i.t I1Q7 be IIrr ped to. ac' ,)a ?OU, �ac;ts of the Publ c Irs..ri on riot, ePiriertrirs. lana C; c.es, lightnir ear gin,lrakc:� sires sr=}rlrs; floods, °7r,°r c;:iic. arregi a-,.- restraint ,werrli arc ct-er ii t,5. Of t'lc C t','. V+1C.`I-t:_ :>irT` I.1- :f`r,_v C-inleratcd cur:� -E-:,-a su �,+ 9C- ., -.c,t ':. 'h7i i 'h {:- cm..r`i C.I (7` .Ile 'ItSj _nava la.� .w ca ' funds shall r~.)` :-.0IIS' r,�t'_ I :)rce `o' Section 8. Legal Construction. 9 7rC'.,<;i:;r '1 I iL� ,,.lee'rrt li IS to a'1'r 'caaon fOLITK' r.} h.{: ,,'ier ,.re:ea`ol to t'�r ext}nf the .wc-,iforccaL'l .y ocu—_4 7,.° _(.,!;lr--.v h'e bans a-�¢ t"C :)ai altar: c '.'Ie pFovi� oI' bV Il °1D:a ffcc, Eviy cit"7�'r pr{J'',+..I;]r a nerec3 , and 'I IS Agreement :,ri --.e vvrSt.%ed as i, #'ac° r.', 'Ifc;ltse,�,:;- ur_-�'�Isior had rear cl+P ;r par- of the Ac]"C'.c'.rT!ent. Whenever context req.Aii to !� -gilar, will include the plural tar:: nr;.jter 1r=1LIJe we masculine or 'fe-iinine gender, arc v ce versa. He Tclira on this Ag,ee-i--ant rare: fc_• refereice only a-ci are not ir)#eno(,d to restricl or define the text of ar'� f'.Is � .grccmcr # 'I h(i construed more or less favorahly bet'.deen the Part:Ies by Of authorship or on.-in of language. Sectian S.Amendment and Modificationa, f his A.,j tic `rant ri a )e a.xlerded or ens^ fir-c: !7.n''r iin a writtars instrument that is executed ..v L}ut's =hu f}i+,r and .hrw Iarl;t{w-ries or"antJ1'V hers a�lor it has been authorized by the City Section 10. Effect of Feature Laws. the law -para 7; anrcxation shay l affect the enfUrceability of Ih'i. Agreenle - Section 11. Venue and A ppl ica ble Latin. Vcr7ll;aPi f'IiS Ag•eere^1' =hall bc: in N c:is !: L,"ly hex: s. Ihis Agreement shall be tsc„ s'rIers a�t'r:r tarsi ir' }{:{::; :ia• woh the laws cii it c; Bute.'ul Te_xC-v;- 12 of 16 Section 12. Counterparts. This Agreement may be executed in any number of counterparts with the same effect as if all signatory Parties had signed the same document. All counterparts will be construed together and will constitute one and the same instrument. Section 13. Entire Agreement This Agreement contains the entire agreement between the 'Parties relating to the rights herein granted and the obligations herein assumed arx: cannot be waned except by written agreement of the Parties. Any oral representation o, mocffrcation concerning this instrument shall be of no force and effect except fut arty subsequent modification in writing, signed by the Party to be charged. Section 14. Singing Effect/Authority Tnis. agreement And irrtrrev ti,, °roe hprwQfrt of the PaMpQ% and their reGpwwtive heirs, successors, and permitted assigns. Each party further warrants that each signatory to this agreeryr e.rit is legally authorized to bind the respective indivdual or entity for the purpose ,srablished herein. CITY OF CORPUS CHRISTI LANDOWNER -�7� By: By: Petgr Zanon Sus laws City Manager Executive director Agape Ranch Date: " + bate: APPROVED A5 TO FORM BT- -�� &� i?,ck Brice _^ e '.ssistant City Attorney f . t i- (�ry Attorney 13 of 16 EXHIBIT A METES AND BOUNDS 10.817 a c rn.% Field note's of a 10 617 ;i,', L' r i;'1 t-r irr;; ,. ;�r ar 60'0 acrc t-act descriii in -:� deed recorded in Document i 20'60: ,32.3:1. (}ttiv,a. i Rc cords NUeces County, Teuas. ano a' cr iout of a 3 47? :i„rr:tract described in a deed recorded in Doc umcit No. 20 2 10102 859. Ofif a �'r.b'c irc IN Ueras C0tint-r Texas. Said 10.817 acre Ir;ar.' 1,eing oLit of Se(;io-r ' :j Le 1rr-Tr";c;'.t: r.bdivisic n. as sha'.�"+n an a maps recorded n 1rValume 3, Pa4Ic 15. V.ao Heloru6Co..- County, Texas. Said 10-817 acre tr<ac.' :,eing more ii'I('L. ;.-It' :(-2";:,r t):�;; ;):. '01 ,m L: BEGINNING at a point in the east right Cr :,:ik Of County Road 33, for the northwest corner of La=2, Block 17, London Towrc Sj-.c vis ;'r -ni- 1, as shown on the plat recorded in Volume 69, Pages 493 -494. kla i Re,,c,rds Nueces County, Texas, and for the southwest corner of this tract. THENCE with the common line of the east right ref 4'1;a^y of 133, and this tract, North 20'19' 51" East, at a distance of 3?9.42 tae: r.a�s a -c-bar found previously set 14.20 fleet to the left. and in a I a total d.st;ince a' ")'32 Y, feet to a point in the east right of xray cf County 133. in tho south int of a 54 00 tract described in a deed recordec in Document No. 2020001025, Officiai Public. Records Nueces County, Texas, and For tl,e n.)rti corner of this trod, frc'n WHENCE a 518" re-bar found .n the west right of Way of County load 3:3, and for the northwest corner of said 3.472 acre, bears oath 59°12'46' West, at a [kmanCe of 15 .4' Nass a 518" re bar found previously set. and in all a total distance of 54.20 feet THENCE with the Common lime of,,; id 64 00 acre tract aired this trait, 189"12'46' East. a distance of 836.36 feet to a 5.8' re-bar fount iin the crest line of a 308.99 acre W0 desrrii in a df-ed rec'nrdod in Doc:i,ment 'do 941943, Offinial RE�(xirds Nups ,Ps County, Texas, for the northeast corner cf sant 3.472 acre tract, and for t 1e northeas- conn-r of this Iran- frorn WHENCE o 5,f8" re-bar `Grund ir. the east line of said 64.00 acre tract, hears North '8'0,3'22" East. a distance of 299.26 feet. THENCE with the co—mon lire of said 308 99 acre tract Ei-J this tract, South 18"03'22" Vest a' a distance of 145.03 feet sass a 5,0" re--arfc-t,rr areviously set for an outside c:rnrwr c;f !;:ii-. 3 47� a 'rr= 'r;ir;' :ird Al _ %: t:a1 dis :nt.�-! 525 44 feet to a point for =rze soutl,vvest .=crner u's d 30 acre :rain, and for the southeast corner of this THENCE with the south Iine of this tract, South 89°12 "5?"West. at a distance of 274.72 feet pass a 5/8" re-bar found for the northwest corner of Lc: 15. o'said Block 17, at a d stance of 374.76 feet pass a 518" re-bar found for the -)orthwest cer'ler of Lot 13, of said Black 17, at a distance of 574.78 feet pass€r 518" r;;-i found for thu northwest corner of Lot 9, of said F3locrc 17, at a distance of 774.84 feet pass a 50' re- 14 of 16 bar tOund for the northwest comer cf Lot 5, of said Black 1., and in all a total d stance of 958.71 fcot to the POINT of BEGINNING. and containing 13 817 acres of laid. more or less. Nates: 1 A P Z1P Of f-(IriA I dAtO n(,,no rn pa n ie.-; this Motc, and 3cDur-ds ifrti�Dn 2 Set 5f8" re-bar = steel re-bar set with 'yellow plastic cap labeled Baster Surveying. 3 ; This eyhibii ..oes not represent an or Chi grpund hnundary ,-.rvey 4Moasured bearings are based on global positioning system NACU 83 (x'3) 4205 DATU Pel. 15 of 16 F,XHIF311 P ANNE-XA 11()N AAF A MAI r rr _f y r +r' Annexation A►+a �p r / 1 . 1 Masao- 19� f milli 16 of 16 `,+� s Ow 1 A. w�►. AGAPE RANG 5151 Flynn Parkway,Suite 106,Corpus Christi,TX 78411 361.742.6330•www.agaperanch.org June 13, 2022 Corpus Christi Planning Development 1201 Leopard St., 4" Floor Corpus Christi, TX 78401 Whom It May Concern, Agape Ranch is voluntarily submitting application to request the annexation of two plots Property ID 545697 (8 acres) and Property ID 594732 (3.472 acres). Please accept our submission for your consideration. Thankou usan Klaus Executive Director ZONING REPORT Case # 0423-03 Applicant & Subject Property City Council District: District 3. Owner: Agape Ranch Applicant: Agape Ranch Address: A property at or near 2738 London Pirate Road (County Road 33), located along the east side of London Pirate Road (County Road 33), south of Oso Creek, and north of FM 43 (Farm to Market Road 43). Legal Description: 3.47 Acres out of Lot 5, Section D, Laureles Farm Tracts and 8 Acres out of Lot 5, Section D, Laureles Farm Tracts. Acreage of Subject Property: 10.81 acres. Zoning Request From: "FR" Farm Rural District (established upon annexation) To: "RS-6" Single-Family 6 District Purpose of Request: To allow medium-density residential development. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site Interim "FR" Farm Rural Vacant Medium-Density Residential (est. upon annexation) North "OCL" (Outside City Limits) Vacant Medium-Density Residential Vacant, South "RS-4.5" Single-Family 4.5 Low-Density Residential Medium-Density Residential (London Towne Unit 1) East "FR" Farm Rural Government Government (JC Collection Ctr) Vacant, West "RS-4.5" Single-Family 4.5 Low-Density Residential Medium-Density Residential (London Towne Unit 1) Plat Status: Not platted. The preliminary plat was approved on September 7, 2022 Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): None. Code Violations: None. Transportation and Circulation For London Pirate Road(County Road 33) Designation-Urban Section Proposed Section Existing London Pirate Street Road (County 2 Lanes, 2 Lanes, Width varies. Road 33) "Cl" Primary Collector 60 feet 40 feet (at property frontage) Transit: The Corpus Christi RTA does not provide service to the subject property. Bicycle Mobility Plan: The subject property is approximately 3 miles west and south of any proposed mobility infrastructure. Utilities Gas: A 4" PE active distribution gas line exists along the west side of London Pirate Road (County Road 33). Stormwater: None exist. Wastewater: An 18" PVC wastewater line exists along London Towne Boulevard with a stub- out at the east side of London Pirate Road (County Road 33). Water: A 16" PVC water transmission line exists along the west side of London Pirate Road (County Road 33). 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 London Area Development Plan (Adopted on March 17, 2020). Water Master Plan: A 16" water line has been proposed along London Pirate Road (County Road 33) from FM-43 (Farm to Rural 43 Road) to Oso Creek. Wastewater Master Plan: An 18" line has also been proposed through the London Towne Unit 1 subdivision, east to west, along the north side of Thames Chase Drive. A 16" PVC line is under construction at the tract east of the subject property. Stormwater Master Plan: No improvements have been proposed. Public Notification Number of Notices Mailed . 49 within a 200-foot notification area • 4 outside 200-foot notification area In Opposition . 1 inside the notification area (1 .18 % in opposition within the 200-foot notification area.) • 0 outside the notification area Public Hearing Schedule Planning Commission Hearing Date: May 17, 2023 City Council 1St Reading/Public Hearing Date: June 27, 2023 City Council 2nd Reading Date: July 18, 2023 Background: The subject property is an 10.81-acre tract of land in the London Area; within the extra- territorial jurisdiction of the city bounded by the Oso Creek to the north, FM 763 (Farm to Market Road 763) to the east, and County Road 18 to the south. The property is located along the east side of London Pirate Road (County Road 33), immediately north and west of the City's limit, north of FM 43 (Farm to Rural Road 43), and south of Oso Creek. Zoning Report Page 3 The applicant is seeking to develop the subject property into a residential subdivision and requested on June 13, 2022 that the City annex their property by petition. The London Area is the only "OCL" (Outside City Limits) area with a development plan due to its anticipated growth. The "FR" Farm Rural District has a minimum 5-acre lot requirement, while the "RS-6" Single-Family 6 District requires a minimum lot size of 6,000 square feet. The subject property is vacant and outside of the City's boundaries. North of the subject property is a vacant "OCL" (Outside City Limits) tract of land. To the west and south is the London Towne Unit 1 subdivision that is zoned "RS-4.5" Single-Family 4.5 and has a low- density residential use. The property to the east is zoned "FR" Farm Rural District with government use. The preliminary plat approved by Planning Commission on September 7, 2022, Agape Ranch Unit 1 , lays out a residential development characterized by 26 homes and an approximately 2- 1/4- acre open space. Comprehensive Plan Consistency: The proposed rezoning is consistent with the following Goals and Strategies for Decision Makers of the Comprehensive Plan (Plan CC): • Housing and Neighborhoods: o The design of new developments promotes a broader sense of neighborhood and community rather than creating isolated subdivisions with a lack of interconnection. ■ Consider consideration to 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. • Future Land Use, Zoning, and Urban Design: o Corpus Christi development patterns support efficient and cost-effective use of resources and high quality of life. ■ Encourage orderly growth of new residential areas. ■ 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. o Annexation plans provide for orderly growth: ■ Support policies and regulations that ensure orderly development in annexed areas, as rapid unorderly growth can cause numerous urban problems that include traffic congestion and the inability to mee infrastructure needs. ■ 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. ■ 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 public health, safety, and welfare. ■ Annexation should occur so that impacted areas 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. ■ Use annexation power combined with minimum lot size in zoning and infrastructure policy and strategic city investments in infrastructure to promote order and efficient development in the ETJ. • London Area Development Plan: o Maintain and encourage a tight-knit community character that features large residential lots, low levels of development, and open spaces. o Promote sustainable growth. Future Land Use Map Consistency: The proposed rezoning is consistent with the Future Land Use Map for the London Area. • Designated Future Land Use: Medium-Density Residential. Staff Analysis: "While the comprehensive plan is consulted when making decisions about rezoning. It does not justify the denial of a plat or the development of land." (Plan CC). Staff reviewed the subject property's background information and the applicant's purpose for the rezoning request and conducted research into the property's land development history to include platting, zoning, existing surrounding land uses, and potential code violations. Staff compared the proposed zoning's consistency with the applicable elements of the comprehensive plan. As a result of the above analysis, staff notes the following: o The rezoning request is consistent with the comprehensive plan Plan CC. o The development is appropriately sited and contains features that will contribute and promote the neighborhood consistent with the ADP (Area Development Plan). It will not have any adverse impact on the surrounding properties or negatively impact the neighborhood. o The requested use is compatible with the adjacent land uses. o The property is bounded to the south and west by the London Towne Unit 1 subdivision. Northwest of the subdivision is a recently annexed property that is zoned "RS-6" Single-Family 6 District. o The proposed rezoning is consistent with the FLUM's (Future Land Use Map) designated medium-density residential use and many broader elements of the City of Corpus Christi Comprehensive Plan. After evaluation of case materials provided and subsequent staff analysis including land development, surrounding uses and zoning, transportation and circulation, utilities, Comprehensive Plan consistency, and considering public input, staff recommends approval of the change of zoning. Planning Commission and Staff Recommendation (May 17, 2023): Approval of the change of zoning from the interim "FR" Farm Rural District established upon annexation to the "RS-6" Single-Family 6 District. Attachments: Attachment A-Existing Zoning and Notice Area map. Attachment B-Returned Notice Zoning Report Page 5 ATTACHMENT A: EXISTING ZONING AND NOTICE AREA a X"" ti FR 0 1 Z y SUBJECT PROPERTY 5 � � 49 $ 9 10 f9 12 13 14 95 16 17 18 19 jj+,j223839 JL 41 42 433 7 - - - — — — — — — — — s - 37 — 23 24 25 26 27 28 29 30 37 32 33 34 35 36 44 45 46 47 48 V R -4.5 CARNABY ST z oC w CIO Date Created:4/20/2049 0 7-5 7 F et Deparrmenr of oeveropmenr'services Case # 0423-03 ZONING & NOTICE AREA 4 RM-1 Multifamily) IL Lightlndustrlal / RM-2 Multifamily2 IR Heavy lndastrlal SUBJECT RM-3 Multifamily3 PUD Planned Unit Dev.Overlay 3 ON Professional Office RS-1a Single-Famlly 111 2ROOERT RMAT Multifamily AT RS-6 Single-Family s f U CN-1 Nslgh borhood Commercial RS-4.5 si,gie-ramlly 4.s CN-2 Neighborhood Commercial RS-TF T—Farrlily `--- r CR-1 Rs so rt Commercial R-15 S Single-Famlly 15 CR-2 Resort Commorclal RE Residential Estate ---- CG-1 G one rat Commercial RS-TH Townhouse CG-2 General Commercial SP Special Permit J \- CI Inta-w.Commercial RV Recreational Vehicle Park l CBD Downtown Commercial RNIH Manufac[u red Home / CR-3 Ra-tCertlm—Al FR Farm Rural H Historic Oveday N BP Buelnasa Park �+� wn saoiect Pe "Y orUnera7 � wan2oeoorrer QCity of ownerevrmi oo uy(ede ovine LOCATION MAP ChrpuR Christiattached ownership[ebk X,n opAosAlon .11SCL ATTACHMENT B: RETURNED NOTICE PUBLIr, HEARING NOTICE CIT`. ` 4 or4G %:OMMISSION Rezoning Case No. 0423-03 Agape Ranch has petitioned the City of Corpus Christi to consider a change of zoning for a property being annexed into the City of Corpus Christi from the interim "FR" Farm Rural District, established upon annexation, to the"RS-6" Single-Family 6 District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: A property located at or near FM 43(Farm to Market Road 43)and London Pirate Road(County Road 33) and described as 3.47 acres out of Lot 5, Block D, Laureless Farm Tracts; 7 acres out of Lot 5, Block D, Laureless Farm Tracts; and 1 acre out of Lot 5, Block D, Laureless Farm Tracts, located along the east side of London Pirate Road (County Road 33), south of Oso Creek, and north of FM 43 (Farm to Market Road 43). See the map on the reverse side. The Planning Commission will conduct a public hearing to discuss and formulate a recommendation to the City Council. The public hearing will be • held on Wednesday, May 17, 2023, during one of the Planning ��• Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public ■+• •• hearing to express your views on this rezoning request. ti The Planning Commission may recommend to the City Council approval or •.r denial, or approval of an intermediate zoning classification and/or Special �� r Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. For more information, please call (361) 826-3240. Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the City Secretary's Office at least 48 hours in advance at 361-826-3240. Si usted desea dirigirse al Consejo de Ajuste y su ingles es limitado, habra un interprete en la junta para ayudarle. Para mas informaci6n, favor de Ilamar al Departamento de Servicios de Desarrollo (361) 826- 3240. NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or in person, by telephone call or by letter. To be on the record, this form must be filled out, signed by the current property owner(s), and returned in its entirety via mail to the return address on this notice or via email to zoning. @cctexas.com. Property Owner(s) Name: 77yc.5r.a L . C!'o S S Address: /2022 Phone No: V>6/`Ic/b �S' ( ) IN FAVOR ( `IN OPPOSITION REASON: A0 tN 0-C 'atV0lf?e'ite%IS E"-�J 1 h.ono/-n 1r, r�T k4- 1 fowl-s -I-d Si r sC�-vo �ra�c�M it j n Case Manager:Saradja Regfstre Email:saradjar&ctexas-corn Phone:361-826-3574 INFOR Case No.23ZN1011 Property Owner 10 41 �0_0M ,�k �- Agape Ranch Annexation and Rezoning Case #0423-03 10.817 acres in the London Area Owner-petitioned annexation & Rezoning request from "FR" Farm-Rural to "RS-6" Single-Family 6 District City Council Presentation June 27, 2023 Annexation Background rfr • The Texas Local Government Code Section 43.028 allows a property owner to petition for annexation. • A petition requesting annexation was received from the local non-profit group Agape Ranch, landowners of the subject tract. • All public notice and service provider notice requirements for annexation and rezoning have been met. • Municipal Service Plan Agreement was developed • On May 17, 2023, the Planning Commission held a public hearing on the rezoning and recommended approval of the request. Location Map ti-7 , r Legend =J City Limits NSap,Rand: COO City of Corpus Christi � Solid Waste Dept �aLa�'dtarvch�M g .,, i w`� � Churc :Y.I L..... U limite -- n ISD 3 Subject Property lti-7 , \ ' B1,11-1.r -s r 'a ; zaaa ' Annexation Area I y , I Legend 1cryu"U Agape Ranch 1!91® 0 250 500 1,000 BdR II I A W feed ' - ,.,iionnn...■mu iai�llllll 111111111111111111 IIIIIPn l.;. 1111111111111111 1111111111■.�IIII t 4 ter: Proposed Development Plan Agape Ranch Subdivision: Agape Ranch is a non- profit organization gP! 10.817 acres "RS-6" District proposed •• 24 single-family dwellings will be constructed over time as donations permit Homes will be occupied by area foster ' a families 5 :r Zoning and Land Use Proposed Use: To allow for a residential development. Area Development Plan: London Area Development Plan (March 17, 2020) `R Future Land Use Map: BME64 09/11/1995 Medium-density residential PROFEWY Q� Existing Zoning: Interim "FR" Farm Rural (Est. upon annexation) 0 THAMES CHASE DR Adjacent Land Uses: �3 North: Vacant, "OCL" (Outside City Limits) R .1.5 • South: Residential, Zoned: "RS-4.5" 07/29/2019 -..._._ CARNABYST • East: Government, Zoned: "FR" x West: Residential, Zoned: "RS-4.5" IC 20[LILLE6 - Public Notification Lrr 49 Notices mailed inside 200' buffer 4 Notices mailed outside 200' buffer M V Notification Area a~ C 2 Opposed: 1 (1 .18%) !,3UBj1E64 Separate Opposed Owners paop� 5 - U 9 H i0 fi 12 f3 f4 15 16 1) 1B f9 20 31 2T JH P� d0 Of 92 03 L 8 In Favor: 0 (0.00%) Qy � CARNABY ST Z C � s w 7 r. 7% Rezoning Analysis and Recommendation o The proposed rezoning is consistent with the FLUM's (Future Land Use Map) designated medium-density residential use and many broader elements of the City of Corpus Christi Comprehensive Plan. o The "FR" district allows low-density uses and the "RS-6" district allows medium-density uses. o The proposed rezoning will not have any adverse impact on the surrounding uses. The requested use is compatible with the adjacent land uses. o The development is appropriately sited and contains features that will contribute to and promote a neighborhood consistent with the ADP (Area Development Plan). Recommendation: Planning Commission and Staff recommend approval of the change of zoning from the "FR" Farm Rural District to the "RS-6" Single-Family 6 District. s 41-*71 Staff Recommendation L1s_ Approval of the requested annexation and rezoning . l II� I d"l �II f. 1 y F. �M V SUBJECT � PROPERTY 77 IIS 2 , O z THAMES CHASE DR a A. v RS-4. 5 C7 C CARNABY ST _ _ z W 0 I"' I -7-5 m 750 Flpar Dale Crea[ed:4/20/2023 en et - De [men[of Deve/opmen6Seryices Case # 0423-03 Aerial with Subject Property SUBJECT PROPERTY" I Subject _ U Property j 11 -- IYI��hIYI Map Scale:1:2,600 S City of Corpus LOCATION MAP Christi se AGENDA MEMORANDUM v Public Hearing & First Reading Ordinance for the City Council Meeting 06/27/2023 Second Reading Ordinance for the City Council Meeting 07/18/2023 NOOHPOP Pt E 1852 DATE: June 27, 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 149 Mustang Island Estates Drive CAPTION: Zoning Case No. 1122-01 Mustang Island Estates, LP, (District 4). Ordinance rezoning a property at or near 149 Mustang Island Estates Drive from the "RM-AT" Multifamily Apartment Tourist District to the "CN-1" Neighborhood Commercial District. Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommended approval). SUMMARY: The purpose of this rezoning is to allow for a spirit, wine, and beer store (retail). BACKGROUND AND FINDINGS: The subject property is 0.79 acres in size. To the north, south and east are vacant properties zoned "RM-AT" Multifamily Apartment Tourist District. To the west is a vacant property zoned "CR-2" Resort Commercial District. 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 proposes approval of the change of zoning. The property owner has initiated amendments to the HOA restrictive covenants to prohibit liquor stores; however, all uses allowed by right in the "CN- 1" Neighborhood Commercial District will remain. The "CN-1" Neighborhood Commercial District allows office uses, multifamily dwellings, certain indoor recreation uses, retail sales and service uses, medical facility uses, overnight accommodation uses, and restaurant uses less than 5,000 square feet in gross floor area. Conformity to City Policy The proposed rezoning is consistent with the Future Land Use Map which designates the property as Planned Development and is consistent with many broader elements of the City of Corpus Christi Comprehensive Plan. Public Input Process Number of Notices Mailed 10 within a 200-foot notification area 4 outside notification area As of May 23, 2023: 1 n Favor In Opposition 0 inside notification area 1 inside notification area 0 outside notification area 1 outside notification area Totaling 2.46% of the 200-foot notification area* is in opposition. *Created by calculating the area of land immediately adjoining the subject property and extending 200 feet 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 rezoning from the "RM-AT" Multifamily Apartment Tourist District to the "CN-1" Neighborhood Commercial District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Planning Commission recommended approval of the change of zoning from the "RM-AT" Multifamily Apartment Tourist District to the "CN-1" Neighborhood Commercial District on November 30, 2022. Vote Count: For: 6 Opposed: 1 Absent: 2 Abstained: 0 Staff recommends approval of the change of zoning from the "RM-AT" Multifamily Apartment Tourist to the "CN-1" Neighborhood Commercial District. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 1122-01, Mustang Island Estates, LP, (District 4). Ordinance rezoning property at or near 149 Mustang Island Estates Drive from the "RM-AT" Multifamily Apartment Tourist District to the "CN-1" Neighborhood Commercial District. Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommended approval). WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property being Lot 11 , Mustang Island Estates, as shown in Exhibit "A": from the "RM-AT" Multifamily Apartment Tourist District to the "CN-1" Neighborhood Commercial District. The subject property is located at or near 149 Mustang Island Estates Drive. Exhibit A, which is a map, is attached to and incorporated in this ordinance. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1 , 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 2 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 3 of 4 Exhibit A CR- 2 9 SUBJECT 0 RSM-%4,r F op CASE: 9922-09 N � I. SUBJECT PROPERTY WITH ZONING 5 Subject Property A-1 Apartment House District 1-1 Limited Industrial District � Al Apanment House Distinct 1-2 Light Industrial Disinct A-2 Apartment House District 13 Heavy Industrial District i AB Professional Ottice District PUD Planned Unit Development AT Apartment-Tounst Dislncr R-IA One Family Dwelling Distract SUBJECT\ B-1 Neghborhood Business District R-18 One Family Dwelling District PROPERTY B-tA Neighborhood Business District R-1C One Family Dwelling District -- B-2 B^t BusinessDistrict R-2 Multiple Dwelintric g Dist B-2A B Island B ss Distract RA One Family Dwelling Distnct B-3 Business Distnd RE Residential Estate District / B-0 General Business Disinct R-TH Townhouse Dwelling Disinct •1_ B-5 Pnmary Business Disinct SP Special Permit Bus Primary Business Care District T-fA Travel Trailer Park District BD corpus Christi Beare Design Dst. T-B Manufactured Home Park District O�I ly of F-R Farm RumllDismct THC Manufactured Home Subdivision C0t7puS Esri,HERE, HC HistcricarculturalLandmark District Christi LOCATION MAP Pressr,stion Page 4 of 4 ZONING REPORT Case # 1122-01 Applicant & Subject Property City Council District: 4 Owner: Mustang Island Estates, LP Applicant: Mustang Island Estates, LP Address: 149 Mustang Island Estates Drive Location: Along the south side of Mustang Island Estates Drive and east of State Highway 361 . Legal Description: Lot 11 , Mustang Island Estates Acreage of Subject Property: 0.79 acres (34,257 SF) Zoning Request From: "RM-AT" Multifamily Apartment Tourist District To: "CN-1" Neighborhood Commercial District Purpose of Request: To allow for a spirit, wine, and beer store (retail) Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site North "RM-AT" Multifamily South Apartment Tourist Vacant Planned Development East West "CR-2" Resort Commercial Plat Status: Property is platted. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): No Code Violations: None Transportation and Circulation Designation-Urban Section Proposed Section Existing Mustang Island Street Estates Drive To be maintained by Private HOA 70-feet (Per Plat) State Highway "RA3" Rural Arterial 4 Lanes, 2 Lanes, 240-feet Center turning Lane, 361 Divided 50-feet Transit: Route 65 Padre Island Connect passes the subject property but no stops near subject property. Utilities Gas: No service line exists. Stormwater: 18" storm pipe at the northern and southern ends of the subject property. Wastewater: To be provided by Port Aransas. Water: A 12-inch ACP waterline exists along State Highway 361 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 Padre/Mustang Island ADP (Adopted on June 29, 2021). Water Master Plan, Wastewater Master Plan, and Stormwater Master Plan: No improvements have been proposed. Public Notification Number of Notices Mailed . 10 within a 200-foot notification area • 4 outside 200-foot notification area • Zero mailed notice was returned in favor or opposition. In Opposition . (1) owner inside the notification area opposed the request (2.46 %-Owner 7) during the November 30, 2022 Planning Commission meeting. • (1) owner outside the notification area opposed the request during the November 30, 2022 Planning Commission meeting. Public Hearing Schedule Planning Commission Hearing Date: November 30, 2022 City Council 1St Reading/Public Hearing Date: June 27, 2023 City Council 2nd Reading Date: July 18, 2023 Background: The subject property was platted in 2003 with streets and sidewalks on Mustang Island Estates to be maintained by a property's owner association. Comprehensive Plan (Plan CC) Consistency: The proposed rezoning is consistent with the following Goals and Strategies for Decision Makers: o Future Land Use, Zoning, and Urban Design o Promote a balanced mix of land uses to accommodate continued growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. o Encourage orderly growth of new residential, commercial, and industrial areas. Zoning Report Page 3 Future Land Use Map Consistency: The proposed rezoning for commercial use is consistent with the Future Land Use Map (FLUM). o Designated Future Land Use: Planned Development Staff Analysis: "While the comprehensive plan is consulted when making decisions about rezoning. It does not justify the denial of a plat or the development of land." (Plan CC). Staff reviewed the subject property's background information and the applicant's purpose for the rezoning request and conducted research into the property's land development history to include platting, zoning, existing surrounding land uses, and potential code violations. Staff compared the proposed zoning's consistency with the applicable elements of the comprehensive plan. As a result of the above analysis, staff notes the following: o The proposed rezoning is consistent with the Future Land Use Map and is consistent with many broader elements of the City of Corpus Christi Comprehensive Plan. o The proposed development is compatible with the surrounding 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 and Staff Recommendation (November 30, 2022): Approval of the change of zoning from the "RM-AT" Multifamily AT District to the "CN-1" Neighborhood Commercial District. ATTACHMENT A: EXISTING ZONING AND NOTICE AREA s � `C�gycr CR- 2 si 1 �}, 4 F� � 5 'su� Er,, PROP,EF?TY 6 RN!-AT J 7 id 9 CASE: 1122-01 Zoning and notice Area `,15, RU-1 Muhifamily1 IL Light Industrial RM-2 Multiifamilg2 IH Heavy Industrial RMI Muhrfamily 3 PUD Planned Ifni[Dev.Overlay ON Professional Office RS-10 Single-Family 16 RM-AT Muhnfamily AT R5-G Slagle-Fsmllys CN-9 Neighbortwod Cammerdal RSd.S Singk-Family45 CN-2 Neighborhood Comrnerdal RS-TF Toru-Family CR-1 Resat Carcnercial RS-15 Single Family 15 CR-2 Resort CorrvnerdARE Residential Estate CG-1 Generalommercial RS-T.CTownhouse ,a CG-2 Geneval CotmierclalSp Special Permit Cl Intensive Camierrial RV Re eational Vehide Park Sqq ECT\ CBD Downtown C—erdal RMH Manufachrad Hare PRipPE12TY CR-3 Resort Conrnemial FR Farm Rural HHistoric&ierlay ,m BP Business Pk ,� �9 ss er P c7�T1 q cwnn5 ¢ow crw r zx,es�- y anew Citti of Y.i Y ra a:acre4aaners4y.ranre A,n o3,y1xI [[YTII.ti I .�,,r,U ChI-9511 E ,HERE. LOCATION MAP' Zoning Case 1122-01 d� } Mustang Island Estates, LP, DISTRICT 4 Rezoning for a property at 149 Mustang Island Estates Drive From "RM-AT" to "CN-1" 6 c �z � Ff s SUBJECT\ +. ' PROPERTY r` + 0t,of "I.scan 57 Esn,HERE,Gama, (tn�iusN a Christi °T'" LOCATION MAP` City Council June 27, 2023 Zoning and Land Use N 1 Proposed Use: RM-AT Retail Sales (Spirit, Wine, and Beer Store) Area Development Plan: Mustang/Padre Island CR-2 (Adopted June 21, 2021) Future Land Use Map: Planned Development a N Existing Zoning: ap "RM-AT" Multifamily AT District RM-AT Adjacent Land Uses: • North: Vacant (Zoned: RM-AT) • South: Vacant (Zoned: RM-AT) • East: Vacant (Zoned: RM-AT) • West: Vacant (Zoned: CR-2) Public Notification 10 Notices mailed inside 200' buffer N 4 Notice(s) mailed outside 200' buffer (Zero mailed notice was returned) Notification Area Opposed: 1 (2.46%) z °S9�cs9 CR-2 Separate Opposed Owners. 1 "°Fs 9� In Favor: 0 (0.00%) Two nearby property owners opposed the request at the R M-a r Planning Commission meeting. The concerns expressed included neighborhood and traffic safety, and costs associated with security measures. 1. Owner at 109 Mustang Island Estates Drive (beyond 10 X notification area)and a member of the same household. 2. Owner at 133 Mustang Island Estates Drive. "Notified property owner's land in SQF/Total square footage of all property in the notification area = Percentage of public opposition. Analysis And Recommendation o The proposed rezoning is consistent with the Future Land Use Map and consistent with many broader elements of the City of Corpus Christi Comprehensive Plan. o The proposed development is compatible with the surrounding uses. o The property owner has initiated amendments to the HOA restrictive covenants to prohibit a liquor store; however, all uses allowed by right in the "CN-1" Neighborhood Commercial District would remain. PLANNING COMMISSION & STAFF RECOMMENDATION: Approval of the change of zoning from the "RM-AT" Multifamily AT District to the "CN-1" Neighborhood Commercial District. - � w 9Z SUBJECT CASE: 1122-01 N W*11 Aerial View S Subject Property SUBJECT\ PROPERTY City of Esri,HERE,Garmin, Corpus GeoTech Christi LOCATION MAP se o H v AGENDA MEMORANDUM NOgpOPPt EPublic Hearing and First Reading for the City Council Meeting of June 27, 2023 1852 Second Reading for the City Council Meeting of July 18, 2023 DATE: June 27, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, Development Services Department Alraymond@cctexas.com (361) 826-3275 Rezoning for a property at or near 910 Corn Products Road CAPTION: Zoning Case No. 0423-01 , Corpus Christi Party Hotel, LLC (District 1). Ordinance rezoning property at or near 910 Corn Products Road from the "CG-2" General Commercial District to the "CG-2/SP" General Commercial District with a Special Permit; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). PURPOSE: The purpose of this item is to rezone the property to allow for the conversion of a defunct hotel to workforce housing apartment units. BACKGROUND AND FINDINGS: As detailed in the zoning report, the subject property is 4.51 acres in size. To the north, land uses are high-density residential, zoned "CG-2/SP" General Commercial District with a Special Permit. To the south, properties are vacant and zoned "CG-2" General Commercial District. To the east, land uses are low-density residential (mobile home park) and zoned "RS-6" Single-Family 6 District. To the west, land uses are light industrial and zoned "IL" Light Industrial District. The "CG-2" General Commercial District permits restaurants, apartments, townhouses, overnight accommodation uses, educational facilities, medical facilities, commercial parking, offices, retail sales and services, and water-oriented uses. The proposed rezoning is inconsistent with the Future Land Use Map but is consistent with many broader elements of the City of Corpus Christi Comprehensive Plan. Public Input Process Number of Notices Mailed: 27 within the 200-foot notification area, 2 outside the notification area As of June 6, 2023.- In 023:In Favor In Opposition 0 inside notification area 3 inside notification area 0 outside notification area 1 outside notification area A total of 0.64% of the 200-foot notification area is in opposition. RECOMMENDATION: The Planning Commission and Staff recommended approval of the change of zoning from the "CG-2" General Commercial District to the "CG-2/SP" General Commercial District with a Special Permit (April 5, 2023). Vote Results For: 9 Against: 0 Absent: 0 ALTERNATIVES: Denial of the change of zoning from the "CG-2" General Commercial District to the "CG-2/SP" General Commercial District with a Special Permit. FINANCIAL IMPACT: There is no fiscal impact associated with this item. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0423-01, Corpus Christi Party Hotel, LLC (District 1). Ordinance rezoning property at or near 910 Corn Products Road from the "CG-2" General Commercial District to the "CG-2/SP" General Commercial District with a Special Permit; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommended approval). 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 appear and 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 appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property being Lot 4, Block 5, Interstate Industrial Complex as described/shown in Exhibit "A": From the "CG-2" General Commercial District to the "CG-2/SP" General Commercial District with a Special Permit. The subject property is located at or near 910 Corn Products Road. Exhibit A, which is a map of the property, is attached to and incorporated in this ordinance. The Special Permit granted in this Section of this ordinance is subject to the following conditions: 1 . Density: The maximum density of dwelling units shall not exceed 240 units. 2. Parking: One parking space shall be provided per dwelling unit. 3. Driveway stacking: A minimum of 40 feet of stacking shall be provided before the entrance gate. Any controlled access points shall remain open from the hours of 6am to 6pm. 4. Buffer Yard: A buffer yard will be required along the eastern property line as per Section 7.9 of the Unified Development Code (UDC). 5. Other requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code requirements. 6. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. 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 by a fine not to exceed $2,000.00 for each offense; as provided in Article 1 , Section 1 .10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 2 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 3 of 4 Exhibit A a 'Q J_ �W J tQ CG-2 I L e� QJ �O Q RS- 6 v SUBJECT PROPERTY Q LU Q • � CG-2 �F�pgR �ST CASE: 0423-01 �� N SUBJECT PROPERTY WITH ZONING Subject h" Property A-1 Ap ihn ern Huuse D mct 1 i Limited Indusmal Distuct A-1A Aparh-ent Ho se Dstrict I-2 Light Indusmal District A-2 Aparhnent House Distract F3Heavy Industrial Distinct A@ Pmfessional 011ie District PUQ Planned Unit Development _ AT Aparhnent-TounstQiemct R-IA One Family Dwelling Distract SUSJECT� B-1 NeighbndpmBnem—DismM R-tB One FamityEwe ningDistract PROPERTY B-1A Neighborhood Business District R-1C One Family Dwelling Distract i a B-2 @ m l B -n Dise Di R-2 M e F iw De el District ' 6-2A @ - I I d B - ss Distract RA O F -ty Dw II n9 Qistracl a B-3 Businese Dst-t RE Residential Estate Distract Bd General Business District R-TH T-house Dwelling Dismct ■ "'«`•'" ' B-5 Pramary Business Distract SP Speed Permit BE Primary Business Care District T-tA Travel Trailer Park District BD Cereus r�1u Christi Beath Design Disa_ T-13 MannF—t—d Horne Park D6nict Citv Of Esti,HE RE F-R F.- .lDismct T-1C ManurantumdHomesubdi—een CO � `"^` LOCATION MAP = HC Histmical-Cultural Landmark Dislriet ^ t»n - Preservation Page 4 of 4 ZONING REPORT Case # 0423-01 Applicant & Subject Property City Council District: 1 Owner: Corpus Christi Party Hotel, LLC Applicant: Corpus Christi Party Hotel, LLC Address and Location: 910 Corn Products Road, located along the east side of Corn Products Road, south of Interstate Highway 37, and north of Leopard Street. Legal Description: Lot 4, Block 5, Interstate Industrial Complex Acreage of Subject Property: 4.51 acres Zoning Request From: "CG-2" General Commercial District To: "CG-2/SP" General Commercial District with a Special Permit Purpose of Request: To allow for the conversion of a defunct hotel to workforce housing apartment units. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "CG-2" General Commercial Commercial Commercial "CG-2/SP" General North Commercial with a High-Density Residential High-Density Residential Special Permit South "CG-2" General Vacant Commercial Commercial East "RS-6" Single-Family 6 Low-Density Residential Medium Density Residential (Mobile Home Community) West "IL" Light Industrial Light Industrial Light Industrial Plat Status: The property is platted. Air Installation Compatibility Use Zone (AICUZ): Not located in an AICUZ. Code Violations: None. Transportation & Circulation Designation-Urban Section Proposed Section Existing Street Corn Products Road A2 4 Lanes, 4 Lanes, Center grassy median Secondary Arterial 100 Feet 180 Feet Transit: The Corpus Christi RTA provides service to the subject property via Bus Route 32 Southside with a bus stop (Leopard @ Violet) approximately .5 miles to the north of the subject property. Zoning Report Page 2 Bicycle Mobility Plan: The subject property is approximately 1 mile to the west of a proposed 1-Way Cycle Track on both sides of Lantana Street. Utilities Gas: A 6-inch gas service line located along the east property line. Stormwater: A storm ditch located along Corn Products Road. Wastewater: An 8-inch PVC along the east property line. Water: An 8-inch Asbestos-Cement Pipe (ACP) service line located along Corn Products 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 Westside ADP (Updated in December of 2022). Future Land Use Map: Commercial Water Master Plan: Currently, there are no proposed improvements. Wastewater and Stormwater: Currently, there are no proposed improvements. Public Notification Number of Notices Mailed — 27 within the 200-foot notification area — 3 outside the 200-foot the notification area Returned Notices: In Favor — 0 inside the notification area In Opposition — 2 inside the notification area 0.64% in opposition within the 200-foot notification area Public Hearing Schedule Planning Commission Hearing Date: April 5, 2023 City Council 1St Reading/Public Hearing Date: June 27, 2023 City Council 2nd Reading Date: July 18, 2023 Comprehensive Plan Consistency: Plan CC: The proposed rezoning is consistent with the following Goals and Strategies for Decision Makers: • Resilience and Resource Efficiency • Reinvestment in existing communities conserves resources and sensitive environments: • Encourage the preservation and adaptive reuse of existing structures to reduce construction waste and conserve energy and materials. • Future Land Use, Zoning, and Urban Design • Promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. • Encourage orderly growth of residential, commercial, and industrial areas. • Housing and Neighborhoods • Quality housing meets the diverse needs of households at all income levels and all stages of the life cycle. Zoning Report Page 3 • 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. Future Land Use Map: The proposed rezoning is inconsistent with the Future Land Use map: • Commercial. An amendment to the Future Land Use Map is warranted. Staff Analysis: "While the comprehensive plan is consulted when making decisions about rezonings. . . 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 properties 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 not consistent with the Future Land Use Map which proposes commercial uses. • The proposed conversion of the former hotel is a great example of the adaptive reuse of an existing structure and supplies the needed workforce housing that is in demand within the Northwest area of Corpus Christi. • The requested Special Permit seeks to increase the maximum density to 240 units to correspond with the number of units of the former hotel. The Unified Development Code (UDC) currently limits the density within the "CG-2" District to 37 du/ac which equals a maximum density of the site at approximately 166 dwelling units. • Additionally, the requested special permit addresses reducing the number of required parking spaces to a 1 :1 ratio with each apartment unit. As the focus is workforce housing, the predominant type of tenant will be a single-vehicle household. 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 proposes approval of the change of zoning and associated Special Permit. Planning Commission and Staff Recommendation (April 5, 2023): Approval of the "CG- 2/SP" General Commercial District with a Special Permit and subject to the following conditions: 1 . Density: The maximum density of dwelling units shall not exceed 240 units. 2. Parking: One parking space shall be provided per dwelling unit. 3. Driveway Stacking: A minimum of 40 feet of stacking shall be provided before the entrance gate. Any controlled access points shall remain open from the hours of 6 am to 6 pm. 4. Buffer Yard: A buffer yard will be required along the eastern property line as per Section 7.9 of the Unified Development Code (UDC). 5. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 6. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Zoning Report Page 4 Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Notices (returned in opposition) Zoning Report Page 5 ATTACHMENT A: EXISTING ZONING AND NOTICE AREA `J CG-2 IL �a aJ �O Q oQ� RS-6 v SUBJECT PR.OPip �\ CG- 2 (FCp�RD�........................ CASE: 0423-01 N SUBJECT PROPERTY WITH ZONING ' Subject Property A-1 Apartment House District -1 Limited IllDlstnct A-tA Apartment House District 1-2 Light Industrial District A-2 Apartment House District 1-3 Heavy Industrial Dismd AB Professional Office District PUD Planned Unit Development AT Apartment-TounstDismd R-IA One Family DwellingDismct SUBJFCT\ - B-1 Neighbomund Business Dis nd R-ie one Famny Dwelling Dismct PROPERTY B-tA Nelghtwr1ri Business DistnrJ R-iC One Family Dwelling Distnot 8-2 Bayfront Business Distinct R-2 Multiple Dwelling District I2 Banter Island Business Dist One Family Dwelling Dlsmet 8-3 Business Distad RE Residential Estate Dlstnd i seneralBusnessDismd R-TH TownbouseDwelling Distnd B3 Primary Business Distad SP special Permit i Pnmary Business Care District T-1A Travel Trailer i Dismd 8D Carpus Chnsti Beach Design Dist. TIB Manufactured(Home Park Distnct Cit of - F-R Farm RuralDismn T-iC Manufactured PumeSubdivision Corpus �r: �°��r.h Esri.HERELOCATION MAP HC Hinton.ICultumll Landmark Dlstn et 'a'"'rh 1"^rl - --- Preservaten C�]CIStI Zoning Report Page 6 ATTACHMENT B: RETURNED NOTICES Persons with disabilities planning to attend this meeting,who may require special services, are reques',-' the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con in" gue tienen la intenc16n de asistir a esta •unto y q ue re uieren servicios as eciales se ies supiic-a haras antes de la junta II_arnando_al departamento de servictos de desarrollo, ai fsumero(361)326-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at(361) 826.3240 at least 48 hours m advance to request an interpreter be present during the meeting, Si usted desea dirigirse a to commission &r,-Ante la junta y su moles es_I.mdado, favor de Ilamar,al departamento de servicios de desarrolio al numero!36"_`826-3244 al mends 48 horas antes de la junta para solicitar un interprete ser presente,durante la� ul nta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0423-01 Corpus Christi Party Hotel LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "CG-2" General Commercial District to the "CG-2/SP" General Commercial District with a Special Permit, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: A property located at or dear 910 Corn Products Road and described as Lot 4, Block 5, Interstate Industrial Complex,located along the east side of Corn Products Read, north of Leopard Street, and south of Irliterstate Highway 37. The Planning Commission may recommend to City Council approval or denialor approval of an intermediate zoning classification and/or Special Permit Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, April 5. 2023, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street_ You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (3.61) 826-3240. TC] BE ON RECORa. THIS FARM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0. BOX 9277, CORPUS CHRISTI. TEXAS 713469- 9277• ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE; In aeoordanee with the Planning Commiss vn sy-L ws, no disc scion shall be held by a member or members of this Commission with an applicant or appellant co•nceming an application or appeal,either at home❑r office,or in person, by telephone call or by letter. Printed Name.- Address: ame:Address: IS01 i ;i ZL k(A Cityrstate: { } IN FAVOR (L.)'iT+J OPPOSITION: Phone: REASON: Signature SEE.VAP ON REVERSE SrpE INFOR Case No.23ZN1001 Casa No.0423-01 Property Owner la:2 case Manager.Erna Buentello Email:elenabocctexas cam 361-826-3598 Zoning Report Page 7 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at(361) 826-3240. Personas can ince aaidades ua a tienqn 1qintencrdn de asistir a esta junta y nue r€quieren servicios especiales se les supl'ica que den aviso 48 hor_as antes de la junta Ilamando al departamenta de sesnf-ci^s de IkQs-- ,IIS imero(3611826-3240, If you wish to address the Commission during the meeting and your E jilish limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance tk, request an interpreter be present during the meeting. Si usted desea dirigirse a la-commission durante la juntay su ingl2s es limitado, favor de Ilarnar al departamento de servicios de,desarrollo al nOrrero(361)826-3244 al menos 48 horns antes de la junta para solicitar un interprete ser ores,nte durante la junta_ CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0423-01 Corpus Christi-Pa&Christi-PaHotel LLC has petitioned the City of Corpus Christi to consider a change of zoning from the"CG-2"General Commercial District to the "CG-21SP" General Commercial District with a SpeciO Permit zresulting in a change to the Future Land Use Map, The property to be rezoned is described as; A property located at or near 910 Corn Products Road and described as Lot 4, Block 5,Interstate Industrial Complex, located along the east side of Corn Products Road, north of Leopard Street, and south of Interstate Highway 37. The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification and/or Special Permit_ Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Pian to reflect the approved zoning- The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, April 5, 2023,during one of the Planning Commission's regular meetings, which begins at 5.30 p.m.. in the City Council Chambers, 1201 Leopard Street- You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (351)525-3244. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT. SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, R O. BDX 9277, CORPUS CHRISTI,TEXAS 789- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD, NOTE: In acc -_._..nc..r -ordae with the Planning Commission ay-Laws, no discussion shall be hgld by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or in person, by telephone call or by letter. Printed Name: Address: C) K-,_1 kLGt.j tk,( �nc� City/State: C )4 t s � Vi 5°� { ) IN FAVOR (kf IN OPPOSITION Phone, } r r? REASON: 'r ^ Signature SEE MAP ON REVEF?SE SIDE INFOR Case No:23ZN1CH)7 Case No.0423-01 Property Owner IP.3 Case MartageT Elena Buentello EmaH elenah-@cctexas.00m 361--926-3598 Zoning Report Page 8 CASE: 0423-01 suBJECT PROPERTY WITH ZONING N xgrocm w�+rh 9.w�q dna. ,AftOPF!{ry - �rorn raga W sx ty.,... owe r� a.r:w�.xrvwc ae � - mbrsma r.0 �,a- n o+wwc r,e M..,,.e. aty of Esn,HERE OCATI !L'i4P�''`, 7o be on the record,this form must be filled out,signed by the current property owner(s),and returned in its entirety via mail to the return address an this notice or via email to zaning@cctexas.corr. Property Owner(s)Mame: I k2 a/,r � r Address:ty Q 37 i /�' t" �46'fl �f r P�hane N (��l ��5— K 339 ( ) In Favor ( In opposition REASONS:(W rY�,&VeTQN�f jnigture MAY 112023 Case Mara ge+-.Elena Euentel€o Email:=_!aaah cGt=Kas.com Phone:361-828-3598 " GV` INF©R Case No.23ZN100I Property Owner In-.25 tc wT r t rl r'I i l { I t Zoning Case 0423-01 Corpus Christi Party Hotel, LLC 000 ;' "`t� , `• DISTRICT 1 Rezoning for a property at 910 Corn Products Road O i . CG- - From " 2" to "CG 2/SP" SUBJECT � �4IPROPERTY I Y - } PQrtlsrad {41 P. Christi SUBJECT-, / ,j .` !'ilO�FRiY q iOCATlQN MAP City Council June 27, 2023 1 Zoning and Land Use b Proposed Use: Residential (Adaptive Reuse-Workforce Housing) o o CG-2/SP O �� 10-10-2022 Area Development Plan: Westside Future Land Use Map: Commercial Existing Zoning: "CG-2" General Commercial CG-2 Adjacent Land Uses: 6�QO'a N North: High-Density Residential, Zoned "CG-2/SP" o� 611: � South: Vacant, Zoned "CG-2" t • East: Low-Density Residential, Zoned "RS-6" LA • West: Light Industrial, Zoned "IL" 2 Public Notification 27 Notices mailed inside 200' buffer 2 Notice(s) mailed outside 200' buffer o 0 OO CG-2 Notification Area X 'L 4 1 ® 15 11 Opposed: 3 (0.64%) ° 5 156 Separate Opposed Owners: 2 o / ;' 17 18 19 G 20 8 In Favor: 0 (0.00%) 22 7 CG-2 23 "Notified property owner's land in SQF/Total square N footage of all property in the notification area = � Percentage of public opposition. 3 Staff Analysis And Recommendation • Inconsistent with the Future Land Use Map which proposes commercial uses. However, the proposed rezoning is consistent with many broader elements of the comprehensive plan. • Proposed conversion of the former hotel is a great example of the adaptive reuse of an existing structure and supplies the needed workforce housing that is in demand within the Northwest area of Corpus Christi. • Requested Special Permit seeks to increase the maximum density to 240 units to correspond with the number of units of the former hotel. • As the focus is workforce housing, the predominant type of tenant will be a single-vehicle household. The requested special permit addresses reducing the number of required parking spaces to a 1 :1 ratio with each apartment unit. PLANNING COMMISION & STAFF RECOMMENDATION (April 5, 2023): Approval of the rezoning from the "CG-2" General Commercial District to the "CG-2/SP" General Commercial District with a Special Permit. 4 Special Permit Conditions 1. Density: The maximum density of dwelling units shall not exceed 240 units. 2. Parking: One parking space shall be provided per dwelling unit. 3. Driveway Stacking: A minimum of 40 feet of stacking shall be provided before the entrance gate. Any controlled access points shall remain open from the hours of 6amto6pm. 4. Buffer Yard: A buffer yard will be required along the eastern property line as per Section 7.9 of the Unified Development Code (UDC). 5. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 6. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. 5 F R W mm LLJ ( a. PROPERTY a .� 'z CASE: 0423-01 W+E,.N :.rte Aerial View "' s ® Subject Property R r i, SUBJECTS t+>' v,+ PROPERTY cam..•+ �r ,a ..�,... -T)�tW r - Ci ty Esri, HERE LOCATIONti lr'l.%""" 0'� H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting July 18, 2023 DATE: July 18, 2023 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(a-)-cctexas.com (361) 886-2601 Josh Chronley, Assistant Director of Finance & Procurement JoshC2(a)cctexas.com (361) 826-3169 Service Agreement for the Upfitting of Seven Chevy Tahoe Police Vehicles for the Corpus Christi Police Department CAPTION: Motion authorizing the execution of a one-year service agreement with CAP Fleet Upfitters, LLC., of Houston, Texas, through the BuyBoard Cooperative, to outfit seven replacement Chevy Tahoe police vehicles with emergency equipment in an amount not to exceed $144,851.00, with FY 2023 funding in the amount of$144,851.00 from the General Fund. SUMMARY: This item is for the execution of a one-year service agreement for the upfitting of police service vehicles. The Corpus Christi Police Department has received seven replacement Chevy Tahoe police vehicles. The seven replacement Chevy Tahoe police vehicles all require upfitting for necessary parts and equipment required for police vehicles before they are deployed into the field for service. BACKGROUND AND FINDINGS: The Corpus Christi Police Department (CCPD) purchased replacement seven Chevy Tahoe police vehicles. The purchase of the seven replacement Chevy Tahoes is part of the total purchase of 36 Chevy Tahoes that was approved by City Council in February 2023. The seven replacement Chevy Tahoe vehicles have been delivered to and received by CCPD. They now need to be upfitted with necessary parts and equipment before they can be deployed into the field for service. The upfitting for all seven replacement Chevy Tahoe police vehicles will be for parts and equipment that include radios, in-car cameras, mobile data computers, interior consoles, push bumpers, and decals. CAP Fleet Upfitters, LLC., has previously upfitted many CCPD police vehicles, and CCPD is satisfied with their services. PROCUREMENT DETAIL: This procurement is through the BuyBoard Cooperative. Contracts awarded through the BuyBoard Cooperative have been competitively procured in compliance with Texas Local and State procurement requirements. CAP Fleet Upfitters, LLC., is one of the leading providers of upfitting services for the police departments. Through the BuyBoard Cooperative, CAP Fleet Upfitters, LLC., offers a discount of 3% off the catalog pricing. CAP Fleet Upfitters, LLC., has previously upfitted many CCPD police vehicles, and CCPD is satisfied with their services. The Procurement division researched an alternate cooperative for price comparison for the same upfitting services through HGACBuy Cooperative; however, BuyBoard Cooperative yields cost savings of 8.80% in comparison to HGACBuy Cooperative's pricing. Below is a table that displays the difference between the pricing for the recommended BuyBoard Cooperative' pricing and the HGACBuy Cooperative's pricing. UNIT Buy Board HGACBuy Variance Cooperative Cooperative Upfitting for Seven Tahoe $144,851.00 $157,604.02 $ (12,753.02) Vehicles ALTERNATIVES: The alternative is to not upfit the seven replacement Chevy Tahoe police vehicles using the proposed service agreement. Staff can submit a Request for Bids for other vendor to complete the upfitting services; however, this will delay the police vehicles from being deployed into the field for service, and the City may not receive bids with equal or better pricing than CAP Fleet Upfitters LLC., is currently offering through the BuyBoard Cooperative. FISCAL IMPACT: This fiscal year impact is $144,851.00 from the General Fund. FUNDING DETAIL: Fund: 1020 Organization/Activity: 11740 Mission Element: 29 Project # (CIP Only): N/A Account: 520090 Amount: $144,851.00 RECOMMENDATION: Staff recommends approval of this motion authorizing a one-year service agreement with CAP Fleet Upfitters, LLC., to upfit seven replacement Chevy Tahoe police vehicles, as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Price Sheet City of Corpus Christi Price Sheet Finance&Procurement Cap FleetUpfitters,LLC Buyer: Liza Elizalde Police Department BuyBoard Contract#698-23 Cap Fleet Upfitters,LLC of Houston,Texas ITEM DESCRIPTION QUANTITY UNIT EXTENDED TOTAL FY23 Tahoe Patrol Upfitting Kit and Labor per BuyBoard COOP 1 Contract#698-23 7 $ 20,693.00 $ 144,851.00 TOTAL PURCHASE PRICE 144 851.00 Page 1 of 1 Upfitting for 7 Tahoe's for Police Department Price Comparison UNIT I Buy Board Cooperative HGACBuy Cooperative Ivariance Upfitting for 7 Tahoe's 1 $ 144,851.00 $ 157,604.02 $ (12,753.02) DocuSign Envelope ID:29A2D14C-82CF-4B09-A2DB-111A253A001E �yV SC G° a 0 H SERVICE AGREEMENT NO. 4858 U Upfitting of 7 Tahoe's for Police Department yeanaonn!e 1852 THIS Upfitting of 7 Tahoe's for Police Department Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Cap Fleet Upfitters, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Upfitting of 7 Tahoe's for Police Department in response to Request for Bid/Proposal No. Buy Board 698-23/4858 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Upfitting of 7 Tahoe's for Police Department ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. (A) The Term of this Agreement is one year beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. 3. Compensation and Payment. This Agreement is for an amount not to exceed $144,851 .00, subject to approved extensions and changes. Payment will be made Service Agreement Standard Form Page 1 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:29A2D14C-82CF-4B09-A2DB-111A253A001E for Services performed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next Option Period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Pat Eldridge Department: Police Department Phone: 361-886-2696 Email: Pat@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Service Agreement Standard Form Page 2 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:29A2D14C-82CF-4B09-A2DB-111A253A001E Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. Service Agreement Standard Form Page 3 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:29A2D14C-82CF-4B09-A2DB-111A253A001E 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Pat Eldridge Title: Police Management Services Director Address: 321 John Sartain, Corpus Christi, Texas 78401 Phone: 361-886-2696 Fax: 361-886-2642 IF TO CONTRACTOR: Cap Fleet Upfitters, LLC Attn: Mike Arizmendis Title: Sales Representative Address: 2603 Taylors Valley Road, Belton, Texas 76513 Phone: 254-773-1959 Service Agreement Standard Form Page 4 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:29A2D14C-82CF-4B09-A2DB-111A253A001E Fax: N/A 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. Service Agreement Standard Form Page 5 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:29A2D14C-82CF-4B09-A2DB-111A253A001E 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1 ,000,000 or that result in the expenditure of at least $1 ,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Service Agreement Standard Form Page 6 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:29A2D14C-82CF-4B09-A2DB-111A253A001E 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Service Agreement Standard Form Page 7 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:29A2D14C-82CF-4B09-A2DB-111A253A001E CONTRACTOR DocuSigned by: Lf- Signature: Printed Name: Mike Arizmendis Title: Regional sales Date: 7/7/2023 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director of Finance - Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. Buy Board 698-23/4858 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 8 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:29A2D14C-82CF-4B09-A2DB-111A253A001E ATTACHMENT A: SCOPE OF WORK Upfitting is the term used to describe the installation of accessories and equipment that go in Police marked units which include but is not limited to such items as lights, full compartment partitions, sirens, push bumpers, and center console keyboard mounting plates. Scope of Work: A. Contractor shall supply and install upfitting kits for the use in: 7 each 2023 Chevrolet Tahoe Patrol Units B. Installation of the upfitting equipment will be performed offsite in accordance with applicable, current, and recognized standards. C. The Contractor shall not come onto City property to perform installation. City staff will provide the delivery and return of the vehicles selected for upfitting. Page 1 of 1 DocuSign Envelope ID:29A2D14C-82CF-4B09-A2DB-111A253A001E ogyus c� owe ATTACHMENT B: QUOTE/PRICING SCHEDULE v CITY OF CORPUS CHRISTI NORpOPp � QUOTE FORM 1852 1. Refer to "Sample Service Agreement" Contract Terms and Conditions before completing quote. 2. Quote your best price, including freight, for each item. 3. In submitting this quote, vendor certifies that the prices in this quote have been arrived at independently,without consultation,communication, or agreement with any other vendor or competitor, for the purpose of restricting competition with regard to prices. Invitation to quote, FOB Destination, Freight Included, on the following: DESCRIPTION QTY UNIT UNIT PRICE PRICE TOTAL FY23 Tahoe Patrol Upfitting Kit and Labor per Buy Board COOP Contract # 698-23 7 EA 20,693 144,851 TOTAL 144,851 COMPANY: CAP Fleet NAME OF PERSON AUTHORIZED TO SIGN: Michael Arizmendis ADDRESS: 4909 Fulton St CITY /STATE/ZIP: Houston Tx 77009 PHONE: 346-334-7889 EMAIL: mike@capfleet.com FAX: DATE: 5/24/23 SIGNATURE: TITLE: Sales Rep THE CITY RESERVES THE RIGHT TO REJECT OR CANCEL ANY OR ALL QUOTES. TO WAIVE ANY INFORMALITIES OR IRREGULARITIES IN THE QUOTES RECEIVED AND TO CANCEL OR POSTPONE THIS PROJECT UNTIL A LATER DATE. Page 1 of 1 DocuSign Envelope ID:29A2D14C-82CF-4B09-A2DB-111A253A001E ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Commercial General Liability Including: $250,000 Per Occurrence 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury GARAGE KEEPERS PHYSICAL DAMAGE Actual Cash Value of Vehicles While in COVERAGE including: Care, Custody or Control. Physical Damage on a Direct Primary Basis C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. Page 1 of 3 DocuSign Envelope ID:29A2D14C-82CF-4B09-A2DB-111A253A001E B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide 30 calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. E. Within 5 calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Page 2 of 3 DocuSign Envelope ID:29A2D14C-82CF-4B09-A2DB-111A253A001E G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. BOND REQUIREMENTS: No bonds are required for this Agreement. 2023 Insurance Requirements Ins. Req. Exhibit 4-D Contracts for General Services -Services Performed Offsite O1/01 /2023 Risk Management - Legal Dept. Page 3 of 3 DocuSign Envelope ID:29A2D14C-82CF-4B09-A2DB-111A253A001E ATTACHMENT D: WARRANTY REQUIREMENTS Warranty is lifetime and covers the workmanship (wiring on the aftermarket, and installation of the parts). The manufacture warranty covers the items that are installed in the vehicle. Page 7 of 17 RFQ Revised 4.19.2019 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting July 18, 2023 DATE: July 18, 2023 TO: Peter Zanoni, City Manager FROM: Charles Mendoza, Director of Asset Management CharlesM2(u-)cctexas.com (361) 826-1941 Josh Chronley, Assistant Director of Finance-Procurement Josh c2(a)cctexas.com (361) 826-3169 Combined 29 Vehicles and Equipment Procurement, 19 Replacements and 10 New Added to the Fleet CAPTION: Resolution authorizing the acquisition of 29 vehicles and equipment by various departments, of which 15 units will be outright purchases and 14 units will be lease- purchases through JP Morgan, for $3,093,334.33, with such items to be acquired in the manner, at the amounts, and from the sources stated with FY 2023 funding in the amount of$1 ,357,171 .78 and the remaining balance of$1,736,162.55 for the lease purchase items to be funded through the annual budget process. SUMMARY: Resolution authorizes the acquisition of a total of 29 vehicles and equipment by various departments. All 29 units will be purchased through Sourcewell and TIPS Cooperatives with 15 units to be outright purchases and 14 units to be lease purchases. Of the 29 units, 19 are replacements and 10 will be added to the fleet. Due to the difficulty in purchasing fleet vehicles and the nationwide shortage, it is imperative to act quickly. BACKGROUND AND FINDINGS: Gas Operations is authorized to acquire by lease purchase (i)four International CV 16000 canopy trucks-, (ii) one International CV 19500 welding truck-, (iii) one International CV 16000 dump truck from Kyrish Truck Centers in San Antonio, for a total amount of $682,538.99 with $34,126.95 FY 2023 funding from the Gas Fund. Items (i), (ii), (iii) identified in this section are to be acquired through the Sourcewell Cooperative. The Corpus Christi Water — Water Division is authorized to acquire by lease purchase (i) four International CV 16000 crane body trucks; (ii) three International CV 19500 platform trucks from Kyrish Truck Centers in San Antonio, for a total amount of $1 ,035,525.97 with $51 ,776.31 FY 2023 funding from the Water Fund. Additionally, the Water Division is authorized to acquire by purchase (iii) one International CV 16000 regular cab stake body truck from Kyrish Truck Centers in San Antonio, for a total amount of $93,462.60; (iv) two STTII-72V-25KBD mowers from Top Equipment in Georgetown, Texas, for a total amount of $42,248.80. Items (iii) and (iv) identified in this section will be purchased with FY 2023 funding from the Fleet Equipment Replacement Fund. Items (i), (ii), (iii) and (iv)identified in this section are to be acquired through the Sourcewell Cooperative. The Corpus Christi Water — Wastewater Division is authorized to acquire by lease purchase (i) one International CV 19500 service body truck from Kyrish Truck Centers in San Antonio, for a total amount of $109,474.59 with $5,473.74 FY 2023 funding from the Water Fund. Item (i) identified in this section will be acquired through the Sourcewell Cooperative. The Asset Management— Fleet Division is authorized to acquire by purchase (i) one International CV 16000 regular cab tire truck from Kyrish Truck Centers in San Antonio, for a total amount of $109,950.39 with FY 2023 funding from the Fleet Equipment Replacement Fund. Item (i) identified in this section will be acquired through the Sourcewell Cooperative. The Public Works—Storm Water Division is authorized to acquire by purchase (i) one International CV 19500 regular cab 44 crane body truck; (ii) three International CV 16000 crew cab 44 cage body trucks from Kyrish Truck Centers in San Antonio, for a total amount of$486,010.31 FY 2023 funding from the Fleet Equipment Replacement Fund. Items (i) (ii) identified in this section will be acquired through the Sourcewell Cooperative. The Public Works — Street Division is authorized to acquire by purchase (i) one International CV 19500 regular cab bucket truck from Kyrish Truck Centers in San Antonio, for a total amount of $152,307.69 with FY 2023 funding from the Fleet Equipment Replacement Fund. Item (i) identified in this section will be acquired through the Sourcewell Cooperative. The Information Technology Department is authorized to acquire by purchase (i) one International CV 19500 regular cab 44 bucket truck from Kyrish Truck Centers in San Antonio, for a total amount of $155,437.19 with FY 2023 funding from the Fleet Equipment Replacement Fund. Item (i) identified in this section will be acquired through the Sourcewell Cooperative. The Parks and Recreation Department is authorized to acquire by purchase (i) four Chevrolet 1500 crew cab 44 trucks from Lake Country Chevrolet in Jasper, Texas, for a total amount of $205,253.40; (ii) one STTII-72V-25KBD mower from Top Equipment in Georgetown, Texas, for a total amount of $21,124.40 from FY 2023 Fleet Equipment Replacement Fund. Item (i) identified in this section will be acquired through the TIPS Cooperative; item (ii), identified in this section will be acquired through the Sourcewell Cooperative. PROCUREMENT DETAIL: The procurement is through the Sourcewell and TIPS Cooperatives. Contracts awarded through the cooperative have been competitively procured in compliance with Texas Local and State procurement requirements. Procurement staff have modified their business practices and taken a proactive approach to our vehicle procurement process and used all resources available to ensure vehicles and equipment can be sourced and delivered promptly using economically favorable methods. The FY 2023 budget includes 355 new and replacement vehicles. The approval of this item represents a total of 71% of units procured to date for FY 2023. ALTERNATIVES: The alternative would be to continue using current units that are beyond their expected service lives. This would increase the cost of repairs and loss of productive man-hours due to more frequent maintenance issues. FISCAL IMPACT: The FY 2023 fiscal impact of these purchases totals $1 ,357,171 .78 funded by various department funds. The remaining balance of $1 ,736,162.55 for the lease purchase items will be funded through the annual budget process. The interest rate for the lease-purchased items is 5% for a total cost of $1,827,539.55 and a term of 60 months. FUNDING DETAIL: Various RECOMMENDATION: Staff recommends approval of this item as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Exhibit 1 Spreadsheet Exhibit 2 Spreadsheet Resolution authorizing the acquisition of 29 vehicles and equipment by various departments, of which 15 units will be outright purchases and 14 units will be lease-purchases through JP Morgan, for $3,093,334.33, with such items to be acquired in the manner, at the amounts, and from the sources stated with FY 2023 funding of $1,357,171.78 and the remaining balance of $1,736,162.55 for the lease purchase items to be funded through the annual budget process. WHEREAS, various City departments need to acquire both new and replacement fleet vehicles via direct purchase and lease-purchase; and WHEREAS, the City Council finds that all such acquisitions are properly to be sourced through purchasing cooperatives in the manner, at the amounts stated, and from the funding accounts identified in this resolution. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the caption and preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of these procurements. Section 2. The Gas Department is authorized to acquire by lease-purchase four International CV 16000 canopy trucks, one International CV 19500 welding truck, and one International CV 16000 dump truck, all from Kyrish Truck Centers in San Antonio ("Kyrish") through the Sourcewell Cooperative ("Sourcewell")for a total amount of$682,538.99, with FY 2023 funding of$34,126.95 from the Gas Fund Section 3. Corpus Christi Water—Water Division is authorized to acquire by lease-purchase (i) four International CV 16000 crane body trucks and (ii) three International CV 19500 platform trucks from Kyrish for a total amount of $1,035,525.97, with FY 2023 funding of $51,776.31 from the Water Fund; and, additionally, the Water Division is authorized to acquire by purchase (iii) one International CV 16000 regular cab stake truck from Kyrish for $93,462.60 and (iv) two STTII- 72V-25KBD mowers from Top Equipment in Georgetown, Texas ("Top Equipment"), for a total amount of $42,248.80, with FY 2023 funding from the Fleet Equipment Replacement Fund. All items identified in this section will be acquired through Sourcewell. Section 4. Corpus Christi Water—Wastewater Division is authorized to acquire by lease-purchase one International CV 19500 service body truck from Kyrish, through Sourcewell, for$109,474.59, with FY 2023 funding of $5,473.74 FY 2023 from the Water Fund. Section 5. The Asset Management Department—Fleet Division is authorized to acquire by purchase one International CV 16000 regular cab tire truck from Kyrish, through Sourcewell, for $109,950.39, with FY 2023 funding from the Fleet Equipment Replacement Fund. Section 6. The Public Works Department—Storm Water Division is authorized to acquire by purchase one International CV 19500 regular cab 4x4 crane body truck and three International CV 16000 crew cab 4x4 cage body trucks from Kyrish, through Sourcewell, for a total amount of $486,010.31 , with FY 2023 funding from the Fleet Equipment Replacement Fund. Section 7. The Public Works Department—Streets Division is authorized to acquire by purchase one International CV 19500 regular cab bucket truck from Kyrish, through Sourcewell, for $152,307.69, with FY 2023 funding from the Fleet Equipment Replacement Fund. Section 8. The Information Technology Department is authorized to acquire by purchase one International CV 19500 regular cab 4x4 bucket truck from Kyris, through Sourcewell, for $155,437.19, with FY 2023 funding from the Fleet Equipment Replacement Fund. Section 9. The Parks & Recreation Department is authorized to acquire by purchase (i) four Chevrolet 1500 crew cab 4x4 trucks from Lake Country Chevrolet in Jasper, Texas, for a total amount of $205,253.40; and (ii) one STTII-72V-25KBD Mower from Top Equipment for $21,124.40, with all items to be purchased with FY 2023 funding from the Fleet Equipment Replacement Fund. Items (i) and (ii) identified in this section will be acquired through the TIPS Cooperative and Sourcewell, respectively. Section 10. Contingent funding of 10% has been included within the amounts shown in Sections 2 through 9 and is authorized pursuant to this resolution due to the ongoing volatility of market conditions and current supply chain issues, with such contingent funding to be accessed only on an as-needed basis per individual item purchased. Section 11. The City Manager, or his designee, is authorized to execute all documents necessary to acquire the vehicles and equipment enumerated in this resolution for a total estimated amount of $3,093,334.33 and in the manner, from the fund accounts, and through the purchasing cooperatives, as applicable, identified in the previous sections of this resolution. 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 Page 2 of 2 Exhibit 1 29 Vehicles and Equipment Type of Coop Description Dept Quantity Vendor Name Cort Funding R—I, Procurement Waste—,Fund,--Fund, 6Replacement Lease Purch— S,--1l1 Intemahonal CCW,Gas 14 Kish Truck @nter 1,827,539.55 Gas Fund 9Addid— AssetMan:gemen4 Public 7 Replacement Purch— S,--Ill Intemahonal Works,CCW,IT 8 Kish Truck Center 997,168.18 Feet Equipment Replacement Fund IAddid- 3 Replacement Purch— TIPS Chevrolet 1500 trees Cab Parks&Rec 4 Lake Country Chevrolet 205,253.40 Feet Equipment Replacement Fund IAddid— Purch— S,--1l1 SCA6 CCW,Parks&Rec 3 Top Equipment 63,373.20 Feet Equipment Replacement Fund 3Replacement Total 29 3,093,330.33 ......... 1�.111111.1.4 11- T1111 1 11 .114411 HIM 111- 1�-111.1.4.111-T1111 I HH �El 44 IIIIIT T1111 I so �o p A � 1 v 18WORPRP1 g4 AGENDA MEMORANDUM 52 Action Item for the City Council Meeting of July 18, 2023 DATE: July 18, 2023 TO: Peter Zanoni, City Manager FROM: Wesley Nebgen, Director of Water System Infrastructure We s I ey N(a)cctexa s.co m (361) 826-3111 Josh Chronley, Assistant Director of Finance & Procurement Joshc2(a)cctexas.com (361) 826-3169 Pump Repairs at Wastewater Treatment Plants and Lift Stations CAPTION Motion authorizing execution of a three-year service agreement with Excel Pump & Machine, Inc. of Robstown, for an amount not to exceed $873,300.00 for non-Flygt pump repairs at the Wastewater Treatment Plants and Lift Stations, with FY 2023 funding of $145,550.00 from the Wastewater Fund. SUMMARY: The six Corpus Christi Water Wastewater Treatment Plants (WWTPs) and 106 lift stations contain approximately 140 pumps of various brands to help maintain daily operations. This contract excludes the Flygt brand of pumps covered in a separate contract. Repair services are needed to continue operations and stay TCEQ compliant. BACKGROUND AND FINDINGS: The City's six WWTPs and 106 lift stations maintain a large inventory of pumps to collect and transport wastewater to the treatment plants for treatment. This pump inventory consists of approximately 400 Flygt pumps and 140 various brands of pumps. While the Corpus Christi Water (CCW) Department has been implementing standardized pump inventory, this contract provides repair services for 140 various brands of pumps (other than Flygt pumps) which exceeds CCW's in-house repair capacity. PROCUREMENT DETAIL: Finance & Procurement conducted a competitive Request for Bids process to obtain bids. The City received three qualified bids for these services. Staff recommends the award to the lowest responsive, responsible bidder, Excel Pump & Machine, Inc. In 2019, the City secured a contract with Odessa Pumps and Equipment of Corpus Christi, in an amount not to exceed $844,200.00. The current contract price of $873,300.00 represents an increase of 3.45%. Odessa Pumps and Equipment of Corpus Christi did not submit a bid. ALTERNATIVES: An alternative is to not enter into a service agreement, which would require separate procurements on an as-needed basis. FISCAL IMPACT: The fiscal impact for FY 2023 is $145,550.00. FUNDING DETAIL: Fund: 4200 Wastewater Organization/Activity: 33100 Broadway Wastewater Plant Department: 46 Wastewater Project # (CIP Only): N/A Account: 530215 Maintenance and Repairs — Contracted Fund: 4200 Wastewater Organization/Activity: 33110 Oso Wastewater Plant Department: 46 Wastewater Project # (CIP Only): N/A Account: 530215 Maintenance and Repairs — Contracted Fund: 4200 Wastewater Organization/Activity: 33120 Greenwood Wastewater Plant Department: 46 Wastewater Project # (CIP Only): N/A Account: 530215 Maintenance and Repairs — Contracted Fund: 4200 Wastewater Organization/Activity: 33130 Allison Wastewater Plant Department: 46 Wastewater Project # (CIP Only): N/A Account: 530215 Maintenance and Repairs — Contracted Fund: 4200 Wastewater Organization/Activity: 33140 Laguna Madre Wastewater Plant Department: 46 Wastewater Project # (CIP Only): N/A Account: 530215 Maintenance and Repairs — Contracted Fund: 4200 Wastewater Organization/Activity: 33150 Whitecap Wastewater Plant Department: 46 Wastewater Project # (CIP Only): N/A Account: 530215 Maintenance and Repairs — Contracted Fund: 4200 Wastewater Organization/Activity: 33210 Lift Station Operation & Maint Department: 46 Wastewater Project # (CIP Only): N/A Account: 530215 Maintenance and Repairs — Contracted RECOMMENDATION: Staff recommends approval of this motion authorizing the execution of a three-year service agreement with Excel Pump & Machine, Inc. as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation City of Corpus Christi Bid Tabulation Procurement Department RFB#4552 Senior Buyer:Cynthia Perez Pump Repairs at Wastewater Treatment Plants and Lift Stations Excel Pump and Machine Inc. Turbonetics Eng&Services *Hydroprime Equipment,LLC. Robstown,Texas Corpus Christi,Texas Corpus Christi,Texas Item Description Unit Qty. Unit Price Total Price Unit Price Total Price Unit Price Total Price FIRST YEAR Shop labor normal hours, 1 Monday to Friday 8:00am- 5:00pm Tear down,in-house inspection,testing,rebuild Hrs. 1,800 $ 60.00 $ 108,000.00 $ 95.00 $ 171,000.00 $ 104.50 $ 188,100.00 Shop labor after hours, 2 weekends,and holidays Tear down,in-house inspection, Itesting,rebuild Hrs. 10 1 $ 60.00 $ 600.00 $ 130.00 $ 1,300.00 $ 143.00 $ 1,430.00 On-site technical support 3 normal hours,Monday to Friday -8:00am-5:00pm Hrs. 10 0.00 0.00 $ 100.00 $ 1,000.00 $ 165.00 $ 1,650.00 Pickup charge from CCW 4 location to Contractor's business location EA 30 0.00 0.00 $ 100.00 $ 3,000.00 $ 200.00 $ 6,000.00 Return Charge from 5 Contractor's business location to CCW Location EA 30 0.00 0.00 $ 100.00 $ 3,000.00 $ 200.00 $ 6,000.00 Estimated Estimated Estimated Estimated Mark U % 0 0 Spend P( ) Spend+ Mark Mark Up(/) Spend+ Mark Mark Up(/) Spend+ Mark Up Up Up 6 Parts/Materials 15% 15% 20% $ 150,000.00 $ 172,500.00 $ 172,500.00 $ 180,000.00 7 Freight allowance for parts/materials $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 Total $ 291,100.00 $ 361,800.00 $ 393,180.00 SECOND YEAR Shop labor normal hours, 1 Monday to Friday 8:00am- 5:00pm Tear down,in-house inspection,testing,rebuild Hrs. 1,800 $ 60.00 $ 108,000.00 $ 100.00 $ 180,000.00 $ 109.00 $ 196,200.00 Shop labor after hours, 2 weekends,and holidays Tear down,in-house inspection, testing,rebuild Hrs. 10 $ 60.00 $ 600.00 $ 135.00 $ 1,350.00 $ 150.00 $ 1,500.00 On-site technical support 3 normal hours,Monday to Friday-8:00am-5:00pm Hrs. 10 0.00 0.00 $ 100.00 $ 1,000.00 $ 173.00 $ 1,730.00 Pickup charge from CCW 4 location to Contractor's business location EA 1 30 1 0.00 0.00 $ 100.00 $ 3,000.00 $ 200.00 $ 6,000.00 Return Charge from 5 Contractor's business location to CCW Location EA 30 0.00 0.00 $ 100.00 $ 3,000.00 $ 200.00 $ 6,000.00 Estimated Estimate Estimate Estimate Spend Mark Up(%) Spend+ Mark Mark Up(%) Spend+ Mark Mark Up(%) Spend+ Mark 6 Parts/Materials 15% 15% 20% $ 150,000.00 $ 172,500.00 $ 172,500.00 $ 180,000.00 7 IFreight allowance $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 Total $ 291,100.00 $ 370,850.00 $ 401,430.00 THIRD YEAR Shop labor normal hours, 1 Monday to Friday8:00am- 5:00pm Tear down,in-house inspection,testing,rebuild Hrs. 1,800 $ 60.00 $ 108,000.00 $ 100.00 $ 180,000.00 $ 114.00 $ 206,010.00 *$205,200.00 Shop labor after hours, 2 weekends,and holidays Tear down,in-house inspection, Itesting,rebuild Hrs. 10 $ 60.00 $ 600.00 $ 135.00 $ 1,350.00 $ 157.50 $ 1,575.00 On-site technical support 3 normal hours,Mondayto Friday -8:00am-5:00 m Hrs. 10 0.00 0.00 $ 100.00 $ 1,000.00 $ 181.00 $ 1,810.00 Pickup charge from CCW 4 location to Contractor's business location EA 30 0.00 0.00 $ 100.00 $ 3,000.00 $ 200.00 $ 6,000.00 Return Charge from 5 Contractor's business location Ito CCW Location EA 30 0.00 0.00 $ 100.00 $ 3,000.00 $ 200.00 $ 6,000.00 Estimated Mark Up Estimate Estimate Estimate Spend (%) Spend+ Mark Mark Up(%) Spend+ Mark Mark Up(%) Spend+ Mark 6 Parts/Materials 15% 15% 20% $ 150,000.00 $ 172,500.00 $ 172,500.00 $ 180,000.00 7 Freight allowance $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 Total $ 291,100.00 $ 370,850.00 $ 411,395.00 *$410,585.00 *math error-correct price is $410,585.00 SC G° a 0 H SERVICE AGREEMENT NO. 4552 U Pump Repairs for Wastewater Treatment Plants and Lift ye1852Eo Stations THIS Pump Repairs for Wastewater Treatment Plants and Lift Stations Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and Excel Pump & Machine, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Pump Repairs for Wastewater Treatment Plants and Lift Stations in response to Request for Bid/Proposal No. 4552 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractorwill provide Pump Repairs for Wastewater Treatment Plants and Lift Stations ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. (A) The Term of this Agreement is three years beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. Service Agreement Standard Form - Consent Decree Page 1 of 8 Approved as to Legal Form October 29, 2021 3. Compensation and Payment. This Agreement is for an amount not to exceed $873,300.00, subject to approved extensions and changes. Payment will be made for Services provided and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next Option Period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Amanda Howard Department: Corpus Christi Water Phone: (361 ) 826-1894 Email: AmandaC@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as Service Agreement Standard Form -Consent Decree Page 2 of 8 Approved as to Legal Form October 29, 2021 may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. Service Agreement Standard Form -Consent Decree Page 3 of 8 Approved as to Legal Form October 29, 2021 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Amanda Howard Title: Contracts/Funds Administrator Address: 2726 Holly Road, Corpus Christi, Texas 78415 Phone: (361) 826-1894 Fax: (361) 826-4495 IF TO CONTRACTOR: Excel Pump & Machine, Inc. Attn: Randall Houghton Title: President Address: 1450 E. State Hwy. 44 Robstown, Texas 78380 Phone: (361) 387-4508 Service Agreement Standard Form -Consent Decree Page 4 of 8 Approved as to Legal Form October 29, 2021 Fax: (361) 387-8844 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. Service Agreement Standard Form -Consent Decree Page 5 of 8 Approved as to Legal Form October 29, 2021 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Service Agreement Standard Form -Consent Decree Page 6 of 8 Approved as to Legal Form October 29, 2021 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. 28. Consent Decree Requirements. This Agreement is subject to certain requirements provided for by the Consent Decree entered into as part of Civil Action No. 2:20- cv-00235, United States of America and State of Texas v. City of Corpus Christi in the United States District Court for the Southern District of Texas, Corpus Christi Division (the "Consent Decree"). A set of Wastewater Consent Decree Special Conditions has been attached as Attachment E, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. The Contractor must comply with Attachment E while performing the Services. [Signature Page Follows] Service Agreement Standard Form -Consent Decree Page 7 of 8 Approved as to Legal Form October 29, 2021 CONTRACTOR Signature: Printed Name: 14 -2-e Date: 3 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director of Finance - Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Band Requirements Attachment D: Warranty Requirements Attachment E: Consent Decree Requirements Incorporated by Reference Only: Exhibit l: RFB/RFP No. 4552 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form-Consent Decree Page 8 of 8 Approved as to Legal Form October 29, 2021 Attachment A - Scope of Work 1.1 General Requirements A. The Contractor shall provide pump repairs at Wastewater Treatment Plants and Lift Stations operated by Corpus Christi Water. B. The work will be performed on an as needed basis. C. The Contractor shall be responsible for labor, material, parts, and transportation necessary to perform the services. 1.2 Repairs A. The City's pump inventory for this contract, outlined in the Scope of Work, consists of approximately 140 pumps. Most of the pump brands include, but are not limited to: Wemco, Polyblend, Wilo, Farrell, Hoffman, Flowserve, Vaughn, Goulds, Seepex, Nemo, Shanley, Pro Series, Gorman Rupp, Aurora, Moyno, Amarillo Gear, Penn Valley, Fairbanks Morse, Norddrive Systems, Gardner Denver, and KSB. B. The Contractor shall disassemble, inspect, repair, and rebuild pumps. C. The Contractor shall perform repairs to the following parts of pumps including, but not limited to stator, shaft, impeller, volute, seals, gaskets, stuffing box, packing gland, and bearings. D. General machine work and/or repair shall consist of, but not limited to balancing, welding, straightening, grinding, custom part manufacturing, shaft rebuilding and fabricating, sand blasting, and coating of pump. E. The Contractor shall clean using steam, grit, or solvent to obtain accurate measurements and for non-destructive evaluation. F. All repairs shall be in accordance with current pump nameplate data and conditions, drawings, standards and/or OEM specifications. If the pump is missing nameplate data, refer to Corpus Christi Water staff for additional information. G. After repairs, the pump(s) shall be repainted to manufacturer recommendations and specifications, in a color approved by Corpus Christi Water, and super coated equal to manufacturer recommendations or better. H. While in Contractor's possession, Corpus Christi Water's equipment must be properly stored and secured at all times. I. Corpus Christi Water reserves the right to inspect the pump at any time during the repair. J. The Contractor's facilities may be subject to inspection at any time by a Corpus Christi Water representative. When deemed appropriate, Corpus Christi Water reserves the right to use third party inspection services at Corpus Christi Water's expense. Revised 1 1.30.20 K. Corpus Christi Water reserves the right to audit the Contractor's project costs at any time during the contract term. 1.3 Approval A. The repair(s) information shall be provided to the Contractor through work/task order or phone/email request. B. The Contractor shall be responsible for picking up and delivering the pumps in a flatbed or trailer, capable of transporting at least 5,000 lbs. C. The Contractor will pick up the pumps within 24 hours or notification. Corpus Christi Water staff will load and unload the pumps to/from the Contractor's vehicle. D. Upon receipt of the pump, the Contractor will inspect the pump and submit inspection report and repair estimate. The report shall include inspection results, conclusions, recommendations, and visual findings by drawings or digital photos. The Contractor shall submit repair estimates based on contract pricing for each repair and shall include estimated repair time, hourly labor costs (including regular time and overtime; if approved), parts to be replaced with lead time, and shipping costs for parts. The repair estimate and inspection report shall be submitted electronically in PDF format, via email. E. If the repair estimate is high and is not economically feasible for Corpus Christi Water to get repaired, then the Contractor shall provide comparative analysis between the replacement and repair. Corpus Christi Water may decide to buy a new pump through new solicitation. F. The Contractor shall make a reasonable effort that all parts shall be original equipment manufacturer (OEM). The Contractor shall include the lead time and shipping costs for OEM parts in the repair estimate. If the lead time for an OEM part will cause the repair time to exceed 30 days, then Corpus Christi Water may approve non-OEM parts i.e. third party parts or fabricated parts. G. The Contractor shall provide report and repair estimates within 10 business days after receipt of the equipment. For larger or specialty pumps that may require longer than 10 days, the Contractor shall notify Corpus Christi Water prior to the end of 10 business days so additional time can be negotiated, as warranted. H. If the estimate is accepted and work performed, the Contractor's invoice shall not exceed the quoted amount unless authorized by the Contract Administrator via an amendment or change order prior to the work being performed. I. The repairs shall be completed within 30 calendar days of Contractor receipt of equipment. If repairs require longer than 30 calendar days, the Contractor shall notify Corpus Christi Water prior to the end of the 30 days so additional time can be negotiated. Revised 1 1.30.20 1.4 Contract Pricing A. The Contractor shall perform services on Corpus Christi Water equipment during normal working hours 8:00am to 5:00pm, Monday to Friday. The Contractor shall not work afterhours, Saturdays, Sundays, and holidays without prior approval from the Contract Administrator. B. Labor rate includes, but is not limited to labor, overhead, profit, and administrative costs. C. Onsite technical labor rate includes, but is not limited to labor, overhead, transportation, and administrative costs. D. Materials shall be provided to Corpus Christi Water at manufacturer cost, discount (if applicable), and mark up. E. All pricing shall be as outlined in the bid/pricing schedule. 1.5 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor shall also provide supervision of the work to ensure it complies with the contract requirements. 1.6 Work Site Locations Pump locations are listed below. Corpus Christi Water reserves the right to add additional locations, as needed. WWTP Plant Name Address Number of Pumps 1 Broadway 801 Resaca 18 2 Oso 601 Nile 17 3 Greenwood 6541 Greenwood 13 4 Allison 4101 Allison 10 5 Laguna Madre 201 Jester 11 6 Whitecap 13409 Whitecap 20 Revised 1 1.30.20 Lift Lift Station Name Address Number of Pumps Station 1 Up River Road 12300 Up River Rd 2 2 Allison 4101 Allison 3 3 Stillwell 8100 Stillwell Lane 2 4 Lexington 5233 Lear 2 5 Brownlee 400 12th Street 3 6 Everhart/Staples 780 Everhart 2 7 Morgan 8100 N. Brownlee 2 8 Studebaker 300 Kinney 2 9 Peoples "T" Head Peoples St. "T" Head 1 10 Lawrence "T" 400 S. Shoreline 2 Head 11 Schanen 6102 Del Starr 2 12 Country Club 6300 Everhart 3 13 Wooldridge 6610 Wooldridge 3 14 Williams 6602 Williams 3 15 Oso WWTP #1 501 Nile 6 16 Oso WWTP #2 501 Nile 4 17 Perry Place Thompson Road 2 18 Military/Jester 722 Jester 2 19 Laguna Madre 201 Jester 3 WWTP 20 Aquarius 15000 Aquarius 2 Revised 1 1.30.20 se Attachment B - Bid/Pricing Schedule o� �� CITY OF CORPUS CHRISTI E CONTRACTS AND PROCUREMENT BID FORM pCpflPOAEO RFB No. 4552 1852 Pump Repairs at Wastewater Treatment Plants and lift Stations �, Date: 2/,/5-/,?o 2.3 PAGE 1 OF 3 Authorized Bidder: �'��'�9l / vv �1T��✓ Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. 4. Bidders must not write over or revise the bid form. Bidders will be considered Non- Responsive if the bid form is modified. Item Description Unit Qty. Unit Total Price Price FIRST YEAR 1 . Shop labor normal hours, Monday to Friday- , 7 8:00am-5:00 m lof hod" Tear down, in-house inspection, testing, rebuild Hrs. 1800 $ $ 2. Shop labor after hours, weekends, and holidays Tear down, in-house �D inspections, testing, rebuild Hrs. 10 $ $ 3. On-site technical support normal hours, Monday to Friday-8:00am-5:00pm Hrs. 10 $ $ 4. Pickup charge from CCW location to Contractor's } ? L' business location EA 30 $ $ 5. Return charge from Contractor's business location to CCW location EA 30 $ $ Estimated Estimated Spend + Spend Mark Up Mark u 6. Parts/Materials $150,000 7. Freight allowance for arts/materials $10,000 $10,000 Total $�`V , BUJ ' SECOND YEAR 1 . Shop labor normal hours, Monday to Friday - 8:00am-5:00pm IDS Tear down, in-house inspection, testing, rebuild Hrs. 1800 $ $ 2. Shop labor after hours, weekends, and holidays Tear down, in-house, U1 inspection, testing, rebuild Hrs. 10 $ $ 3. On-site technical support normal hours, Monday to $ = $ Friday- 8:00am-5:00 m Hrs. 10 4. Pickup charge from CCW location to Contractor's business location EA 30 $ 5. Return charge from Contractor's business ° `'`' 0C location to CCW location EA 30 Estimated Estimated Spend + Spend MarkA(%)% Mark u 6. Parts/Materials $150,000 7. Freight allowance $10,000 $10,000 Total THIRD YEAR 1 . Shop labor normal hours, Monday to Friday - 8:00am-5:00pm �_ 10k doo — Tear down, in-house inspection, testing, rebuild Hrs. 1800 $ $ 2. Shop labor after hours, weekends, and holidays Tear down, in-house, inspection, testing, rebuild Hrs. 10 $ $ 3. On-site technical support normal hours, Monday to Friday-8:00am-5:00 m Hrs. 10 $ $ 4. Pickup charge from CCW location to Contractor's business location EA 30 $ $ 5. Return charge from Contractor's business $ $ location to CCW location EA 30 C Estimated Estimated Spend + Spend Mark Up Mark u 6. Parts/Materials $150,000 $ 7. Freight allowance $10,000 $10,000 Total $ Z9/,%d0 Total Price: $873,300.00 Attachment C - Insurance Requirements CONTRACTOR'S LIABILITY INSURANCE 1 . Contractor must not commence work under this agreement until all insurance required has been obtained and approved by the City. Contractor must not allow any subcontractor to commence work until all similar insurance required of any subcontractor Agency has been obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administrator, one (1 ) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured for the General Liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and/or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Commercial General Liability $1 ,000,000 Per Occurrence including: 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTOMOBILE LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired & Non-owned 3. Rented & Leased WORKERS' COMPENSATION Statutory Employer's Liability $500,000 / $500,000 / $500,000 MOTOR TRUCK CARGO (or) $250,000 Combined Single Limit TRIP TRANSIT BAILEE'S CUSTOMER GOODS $250,000 Per Occurrence 3. In the event of accidents of any kind related to this project, Consultant must furnish the Risk Manager with copies of all reports of such accidents within 10 days of the accident. Revised 1 1.30.20 Additional Requirements - 1 . Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. An All States endorsement shall be required if consultant is not domiciled in the State of Texas. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Contractor or as requested by the City. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: ■ List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy. ■ Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; ■ Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and Revised 1 1.30.20 ■ Provide 30 calendar days advance written notice directly to City of any cancellation, non-renewal, material change or termination in coverage and not less than ten calendar days advance written notice for nonpayment of premium. 5. Within five calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Bond Requirements: No bond requirements therefore, Agreement Section 5 Insurance; Bond subsection 5(B), is hereby void. 2021 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services - Services Performed Onsite 05/10/2021 Risk Management - Legal Dept. Revised 1 1.30.20 Attachment D - Warranty Requirements A. The Contractor shall warrant that work performed conforms to the specification and is free of any defects in equipment, material or workmanship performed by the contractor or any of its subcontractors or suppliers. All work provided by the Contractor shall be warranted for a minimum period of 1 year from the date of final acceptance of the work. B. Material shall be warranted against material defects and defects in workmanship for a period of 1 year. The warranty period shall commence upon date of acceptance by the City. If the manufacturer's standard warranty period exceeds one year, then the warranty period hereunder shall be the length of the manufacturer's warranty. The Contractor shall be responsible for the warranty. The Contractor shall provide the City with all manufacturer's warranty documents upon completion of service. C. The Contractor must provide onsite technical support within 24 hours of notification by the City. ATTACHMENT E WASTEWATER CONSENT DECREE Special Conditions Special Project procedures are required from the CONTRACTOR as specified herein. The CONTRACTOR shall implement and maintain these procedures at the appropriate time, prior to and during performance of the work. The following special conditions and requirements shall apply to the Project: I. Consent Decree Notice Provision—The City of Corpus Christi ("City"), the United States of America and the State of Texas have entered into a Consent Decree in Civil Action No. 2:20-cv-00235, United States of America and State of Texas v. City of Corpus Christi in the United States District Court for the Southern District of Texas, Corpus Christi Division (the "Consent Decree"). A copy of the Consent Decree is available at https://www-cd n.cctexas.com/sites/default/files/CC-Consent-Decree.Pdf By signature of the Contract, CONTRACTOR acknowledges receipt of the Consent Decree. II. Performance of work. CONTRACTOR agrees that any work under this Contract is conditioned upon CONTRACTOR's performance of the Work in conformity with the terms of the Consent Decree. All Work shall be performed in accordance with the Design Criteria for Wastewater Systems under Title 30 Chapter 217 of the Texas Administrative Code, 30 Tex. Admin. Code Ch. 217, and using sound engineering practices to ensure that construction, management, operation and maintenance of the Sewer Collection System complies with the Clean Water Act. Work performed pursuant to this contract is work that the City is required to perform pursuant to the terms of the Consent Decree. In the event of any conflict between the terms and provisions of this Consent Decree and any other terms and provisions of this Contract or the Contract Documents, the terms and provisions of this Consent Decree shall prevail. III. Retention of documents — CONTRACTOR shall retain and preserve all non- identical copies of all documents, reports, research, analytical or other data, records or other information of any kind or character (including documents, records, or other information in electronic form) in its or its sub-contractors' or agents' possession or control, or that come into its or its sub-contractors' or agents' possession or control, and that relate in any manner to this contract, or the performance of any work described in this contract (the "Information"). This retention requirement shall apply regardless of any contrary city, corporate or institutional policy or procedure. CONTRACTOR, CONTRACTOR's sub-contractors and agents shall retain and shall not destroy any of the Information until five years after the termination of the Consent Decree and with prior written authorization from the City Attorney. CONTRACTOR shall provide the City with copies of any documents, reports, analytical data, or other information required to be maintained at any time upon request from the City. IV. Liability for stipulated penalties — Article I X of the Consent Decree provides that the United States of America, the United States Environmental Protection Agency and the State of Texas may assess stipulated penalties including interest against the City upon the occurrence of certain events. To the extent that CONTRACTOR or CONTRACTOR's agents or sub-contractors cause or contribute to, in whole or in part, the assessment of any stipulated penalty against the City, CONTRACTOR agrees that it shall pay to City the full amount of any stipulated penalty assessed against and paid by City that is caused or contributed to in whole or in part by any action, failure to act, or failure to act within the time required by any provision of this contract. CONTRACTOR shall also pay to City all costs, attorney fees, expert witness fees and all other fees and expenses incurred by City in connection with the assessment or payment of any such stipulated penalties, or in contesting the assessment or payment of any such stipulated penalties. In addition to any and all other remedies to which City may be entitled at law or in equity, CONTRACTOR expressly authorizes City to withhold all amounts assessed and paid as stipulated penalties, and all associated costs, fees, or expenses from any amount unpaid to CONTRACTOR under the terms of this contract, or from any retainage provided in the contract. 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting July 18, 2023 DATE: July 18, 2023 TO: Peter Zanoni, City Manager FROM: Charles Mendoza, Director of Asset Management CharlesM2(u-)cctexas.com (361) 826-1941 Josh Chronley, Assistant Director of Finance & Procurement Josh C2Ca-)cctexas.com (361) 826-3169 Amendment No. 1 for Unleaded Gasoline, Ultra-Low Sulfur Diesel (TX LED) Fuel and Red Dye Diesel Delivery Service CAPTION: Motion authorizing execution of Amendment No. 1 to the service agreement with Mansfield Oil Company of Gainesville, Inc., of Gainesville, Georgia, in an amount not to exceed $2,144,404.20, and a revised value of$10,722,021 .03 for unleaded gasoline, ultra-low sulfur diesel (TX LED)fuel and red dye diesel delivery service for Asset Management, with FY 2023 funding in the amount of $1 ,245,222.00 from the Fleet Maintenance Service Fund. SUMMARY: The Service Agreement is amended by increasing the amount of the contract by $2,144,404.20 for a revised total amount of the agreement to $10,722,021.03. BACKGROUND AND FINDINGS: The Asset Management Department facilitates unleaded gasoline, ultra-low sulfur diesel fuel, and dyed diesel fuel delivery to the City's approximately 2,300 vehicles and equipment pieces, through a three-year service agreement with Mansfield Oil Company. At contract origination, in May of 2021 , the Oil Price Information Service (OPIS) cost for unleaded gasoline was $1 .99 per gallon and $1 .65 per gallon for diesel. Mansfield Oil Company discounts OPIS price based on contract bid. By June of 2022, OPIS pricing for gasoline and diesel approached $5 per gallon. The contract was not established with the ability to absorb this amount of unforeseen price increase and the contract will have reached contract spending limits on or around the middle of July 2023 at current consumption rates. Current OPIS pricing for unleaded gasoline is $2.35 per gallon and $2.38 per gallon for diesel fuel. ALTERNATIVES: An alternative would be to not increase the spending limit on the contract. However, the Asset Management Department would have to purchase unleaded gasoline, ultra-low sulfur diesel fuel, and dyed diesel delivery services on an as-needed basis on individual purchase orders resulting from a request for quote process, by policy, for each delivery. With 12 deliveries of diesel fuel and 8 deliveries of unleaded gasoline per month, this would be time-consuming and could delay timely deliveries. This could also result in higher costs since the current contractor and other potential contractors would not have to adhere to the current contract's discounted pricing for individual quotes. FISCAL IMPACT: The fiscal impact for Asset Management in FY 2023 is estimated at $1 ,245,222.00. The remaining amount will be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 5110 Fleet Maintenance Service Fund Organization/Activity: 40140 Service Station Mission Element: 202 Maintain the Fleet Project # (CIP Only): N/A Account: 520210 Cost of Goods Sold RECOMMENDATION: Staff recommends approval of this motion with Mansfield Oil Company of Gainesville, Inc. as presented. LIST OF SUPPORTING DOCUMENTS: Amendment DocuSign Envelope ID: EDD15669-6DOF-43F4-BF92-77CDDD3605A4 uvo'�T— Amendment # 1 Finance & Procurement Date: June 9, 2023 Agreement #: 3511 — Unleaded Gasoline, Ultra Low Sulfur Diesel (TX LED) Fuel and Red Dye Diesel Delivery Service Contractor/Consultant: Mansfield Oil Company of Gainesville, Inc. Current Amount: $8,577,616.83 I. Section 3, Compensation and Payment, of the Agreement is amended by increasing the amount $2,144,404.20 therefore, the revised total amount of the Agreement is $10,722,021 .03. II. This Amendment is effective upon the date of final execution by the parties, unless an earlier date is expressly stated within this document. To the extent that the provisions of this Amendment conflict with any provisions of the Agreement and prior amendments, if any, the provisions of this Amendment shall prevail and govern for all purposes and in all respects. DocuSigned by: N't, 6/15/2023 Ij—F3 54"FQF F Josh Chronley Date Con rac or Date Assistant Director, Finance & Procurement APPROVED AS TO LEGAL FORM: Assistant City Attorney Date so �o p A v WoRPORP�g4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of July 18, 2023 DATE: July 18, 2023 TO: Peter Zanoni, City Manager FROM: Robert Dodd, Director of Parks and Recreation Department RobertD4(a-)-cctexas.com (361) 826-3133 Grant Application to the Texas General Land Office for the FY 2024 Beach Cleaning & Maintenance Assistance Program CAPTION: Resolution authorizing a grant application for the FY 2024 Beach Cleaning and Maintenance Assistance Program from the Texas General Land Office for $70,000 to provide beach cleaning and maintenance on North Padre Island and Mustang Island. SUMMARY: The City is required to pass a Resolution annually in order to apply for the Texas General Land Office (TGLO) Beach Cleaning & Maintenance Assistance Program. The TGLO Beach Cleaning & Maintenance Assistance Program provides an annual reimbursement to offset a portion of the City's beach maintenance expenditures. BACKGROUND AND FINDINGS: The TGLO Beach Cleaning & Maintenance Assistance Program uses a funding formula to reimburse cities/counties annually for beach cleaning/maintenance expenditures. The reimbursement amount varies based on the formula and available funds. Currently, the principal portion of the beach maintenance appropriations is distributed among twelve communities that contain public beaches within their jurisdiction and have made applications for funding. Cities that qualify for eligibility under the Natural Resources Code may receive up to, but no greater than, two-thirds reimbursement for eligible expenses incurred in maintaining beaches. However, actual state appropriations have typically limited this reimbursement to the range of 10 to 20 percent of actual local costs. The total cost for Corpus Christi for FY 2024 is an estimated $2,128,971.58. The City's Beach Operations Division cleans/maintains a total of 7.8 miles of beach front which includes 1.7 miles along Access Road 6, 4.1 miles along Access Road 2, and 1.99 miles along Packery Channel. These sections of beach are included in the application for the estimated $2,128,971.58 requested for assistance. If awarded, these funds will be used to aid with costs associated with beach cleaning and maintenance on North Padre Island and Mustang Island, including equipment rental fees, labor, signage, supervision of litter debris removal, solid waste collection/disposal, portable toilet rentals and servicing fees, barricades, bollards, traffic signs, lifeguard expenses, litter/beach patrol expenses, and administration. For FY 2024, the City expects to receive $70,000. ALTERNATIVES: The alternative would be to not apply for beach maintenance funding. However, the City has applied for and been granted this funding annually for over a decade. These funds help offset costs that the City would have incurred if it were not to receive this grant. FISCAL IMPACT: There is no fiscal impact at this time. RECOMMENDATION: Staff recommends approval of this resolution approving FY 2024 grant application for the Beach Cleaning and Maintenance Assistance Program from the Texas General Land Office for an estimated amount of$70,000 to provide beach cleaning and maintenance on North Padre Island and Mustang Island, as presented. LIST OF SUPPORTING DOCUMENTS: GLO FY 2024 Application for Beach Cleaning & Maintenance Program Resolution Resolution authorizing submission of grant application for $70,000.00 to the Texas General Land Office 2024 Beach Cleaning and Maintenance Assistance Program. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Council authorizes the submission of the grant application to the Texas General Land Office for$70,000.00 for funding available under the FY 2024 Beach Cleaning and Maintenance Assistance Program to provide an annual reimbursement for the City's beach cleaning and maintenance on North Padre Island and Mustang Island expenditures. SECTION 2. The City Council designates the Director of Parks & Recreation as the grantee's authorized official. The authorized official may apply for, accept, reject, alter, or terminate the grant. 2 PASSED AND APPROVED on the day of , 2023: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor CORPUS CHRISTI PARKS& RECREATION Grant Application to the Texas General Land Office for the FY 2024 Beach Cleaning & Maintenance Assistance Program City Council Meeting July 18, 2023 1 A.S� Background CORPUS CHRISTI PARK 56. • The City is required to pass a Resolution annually in order to apply for the Texas General Land Office Beach Cleaning & Maintenance Assistance Program • The Program uses a funding formula to reimburse cities/counties for beach cleaning/maintenance expenditures. • If awarded, funds will be used towards 7.8 miles of beach front along North Padre Island & Mustang Island in which the City's Beach Operations Division cleans/maintains. • Funds will be used to aid with costs for items such as equipment rental fees, labor, signage, supervision of litter/debris removal, solid waste collection/disposal, portable toilet rentals & servicing fees, barricades, bollards, traffic signs, lifeguard expenses, litter/beach patrol expenses & administration. z Background Continued '},N C O R P U S CHRISTI cf) PA R K S 6 FISC1 1 • 1 . , $73,772 $95,280 $93,356 To be received in September (applied for $70,000) Recommendation GOFIRUEB CHRISTI PARK56 iiECREATION • Staff recommends approval of the TGLO Grant for Beach Cleaning & Maintenance for Fiscal Year 2024. 4 July 18, 2023 Texas General Land Office, Coastal Resources Attn: Gloria Maynard P.O. Box 1273 Austin, TX 78711-2873 Dear Ms. Maynard: The signed application for state assistance for beach maintenance for fiscal year 2024 is attached. We presented the application to the City Council for their approval on July 18, 2023 and the signed resolution is also attached.An estimate of expenditures is included in the application, along with a copy of our payroll burden rate methodology. A Current Equipment Rate Sheet A current equipment rate sheet is attached and is based on the current TxDOT/FEMA schedule of equipment rates or current lease rates. Garbage and Litter Statement An adequate number of garbage and litter receptacles are available on the beaches. The receptacles are positioned along the city-maintained beaches so that they are convenient for the beach user, but also not so many as to make maintenance too costly. Beach Dune Rule Compliance Statement The beach cleaning and maintenance performed by the city personnel is consistent with the plan our community adopted for Beach Access and Dune Protection. It adheres to the City of Corpus Christi Code of Ordinances Chapter 10: Beachfront Management and Construction. Beach User Fees Regulations Compliance Statement The City of Corpus Christi is in compliance with State Regulation 31 TAC 15.8 concerning the collection and expenditure of beach user fees. The city is collecting fees for parking on the gulf beach areas. A Texas Department of Transportation (TxDOT) County Map A TxDOT map is attached with the beaches maintained and the linear footage written on the map. Site Map of all Applicable Beach Parks Attached is a site map which shows the city, county, and state parks, maintenance areas as well as the user fee and free areas. Beach Cleaning Proposal The City of Corpus Christi welcomes visitors and residents alike to our carefully groomed beaches. The Parks and Recreation Department has a staff of eleven employees that maintain the 36,379 linear feet of beaches.They use motor graders, loaders,tractors, pickups, garbage trucks, and dump trucks to remove the seaweed from above the mean tide line (MTL) and place it in the fore dunes to reinforce the sand dunes with the organic material or grade the sand and bury the seaweed in windrows above the MTL. Every day our staff empties the 200 trash containers along the beach.The portable restrooms are serviced three times a week on a regular basis and daily on holiday weekends. The department also provided lifeguards at stands along the heavily used city beach areas.Our beach maintenance crew, lifeguards,and beach parking permit sales staff work from our Beach Office located on Mustang Island. The city police department makes regular patrols on the beach and the surrounding areas. There are several events on the beach for which our staff prepares and performs the clean-up afterwards.Among the events are:Spring Break, Memorial Day, Beach to Bay Relay Marathon,July 4th cleanup (heavy resident displays), Labor Day,and various sporting activities. Along with the City of Port Aransas and Nueces County,the city shares the revenues from a beach parking permit that is sold to beach users.The city uses a city-identified vehicle and temporary canopies from which the sales of parking permits are made.The parking permit is required for parking on the beach in the areas identified as"permit required".There are areas that are free and parking permits are not required. The City of Corpus Christi realizes the valuable asset of the gulf beaches and the expectations of its users to have clean and well-maintained beaches for recreational activities. We support the General Land Office's management of the Beach Maintenance Assistance Program. We also believe that the program should be expanded to more adequately support local efforts to maintain our beaches for tourism and local recreation activities. If you require any further information, please contact Darren Gurley,Superintendent, Beach and Natural Resources,for the City of Corpus Christi Parks and Recreation Department at 361-826-1934. Sincerely, Robert Dodd, Director City of Corpus Christi Parks and Recreation Department Attachments Application for the Beach Cleaning and Maintenance Assistance Program , a. Fiscal Year 2024 (September 1,2023-August 31,2024) Texas General Land Office X ,,.' Commissioner Dawn Buckingham, M.D. "� '• �' P.O. Box 12873 u Austin, Texas 78711-2873 e$Taecrsk€�u "'� www.cilo.texas.goy 1-800-998-4GLO City or County making application(applicant): City of Corpus Christi Name and mailing address of administrative body responsible for beach cleaning: City of Corpus Christi Parks and Recreation Department P.O. Box 9277 Corpus Christi, TX 78469 Name,title,email address, and phone of official with day-to-day responsibility for project: Charles(Darren)Gurley Superintendent 8185 Highway 361 Corpus Christi,TX 78418 CharlesGu@cctexas.com 361-826-1934 Name,title,mailing and email address,and phone of official authorized to receive state reimbursement: Heather Hurlbert Assistant City Manager City of Corpus Christi P.O.Box 9277 Corpus Christi,TX 78469 HeatherH3@cctexas.com 361-826-3506 The applicant understands and agrees that the requirements set forth in Section 61.069 of the Texas Natural Resources Code must be met, and the applicant expressly pledges and represents that it has met or will meet the requirements through the following: 1.. The applicant has a duly constituted beach park board or like body with adequate authority to administer an effective program of keeping the public beaches under its jurisdiction clean. (OBA §61.069 (1)) 2. The applicant shall provide for receipt of all project funds by its treasurer or like official who shall adequately safeguard such funds and assure same are expended solely for project purposes.The applicant agrees to reimburse the General Land Office for any project funds lost or spent for non- project purposes. (OSA§61.069(2)) 3. The applicant shall submit such reports as to amounts and types of project expenditures as may be required by the General Land Office. (qBA§61.069 (3)) 4. The applicant provides free entrance to all public beaches within its jurisdiction. (OBA§61.069 (4)) s. The applicant operates and maintains one or more coastal parks which are satisfactory to the General Land Office with respect to size and facilities. (OBA§61.069 (5)) Page 1 of 2 Application for the Beach Cleaning and Maintenance Assistance Program Total linear feet of beach to be cleaned 36,379 Estimate of Expenses 1. Equipment rental,litter and debris removal $373,511.00 2. Labor,litter and debris removal 828,090.00 3, Signs,litter-related 3,950.00 4. Supervision,litter and debris removal 181,196.00 S. Solid waste collection and disposal,including purchase of containers 20,000.00 6. Portable toilet rental and servicing 45,125.00 7. Barricades,bollards,and traffic signs 14,000.00 S. Lifeguard expenses 665,747.00 9. Litter patrol expenses 62,000.00 10. Beach patrol expenses 368,321.00 11. Administration 80,411.00 TOTAL $2,642,351.00 Amount of state assistance requested for current state fiscal year(may not exceed two-thirds of amount shown in line above as provided by Section 61.076 of the Texas Natural Resources Code): $ 1,761,567.00 The General Land Office reserves the right to require of the applicant any additional evidence it may deem necessary for the approval of the application or management of the program, Supporting documents:(The application is incomplete unless the following documents are included.) Mark the applicable box as the corresponding document is included with the application. ❑ A current resolution authorizing application for funds and vesting an official with full authority to act for purposes of the program. ❑ A Texas_Department of Transportation county map upon which are delineated the public beaches to be cleaned and the linear feet of beach therein. ❑ Asite plan of applicant's beach park which meets the minimum requirements established by the state. ❑ A certified co of documentation establishing a beach park board or like bod . ❑ A current written statement attesting that the maintenance to be provided is consistent with the applicant's community adopted plan for Beach Access and Dune Protection. ❑ A current written statement acknowledging that compliance with the regulations for collection and expenditure of beach user fees,contained in Section 15.8 of the state's beach access and dune protection regulations,is a requirement of the program. ❑ A current written statement that the applicant will supply an adequate number of garbage and litter receptacles for that area of the beach which the applicant cleans and maintains In this program.Receptacles for recyclables are suggested,but not required. ❑ A current list,adopted by the governing body,of the equipment rates to he charged per hour or per day which also Indicates whether with or without operator. ❑ A current beach-cleaning proeosal describing the cleaning and maintenance operations at the beach. City of Corpus Christi acting by and through Robert Dodd,Director,Parks and Recreation Applicant Official hereunto duly authorized,submits this application and certifies its contents are true and correct,and agrees to the above terms and conditions. by Robert Dodd Name Signature Robert Dodd,Director,Parks and Recreation 6 /2-712,3 Title Date Page 2 of 2 RAt- qti K TEXAS GENERAL LAND OFFICE COMMISSIONER DAWN BUCKINGHAM, M.D. May 26,2023 Via Electronic Mail Dear Coastal Local Government Partners: Enclosed is the Application for the Beach Maintenance Reimbursement Program (BMR) for Fiscal Year 2024. The Application Checklist instruction sheet details what is needed and explains how to submit the required attachments with the application for state assistance. The beach maintenance you provide must be consistent with your community's Beach Access and Dune Protection Plan that has been certified by the GLO. BMR Program rules specify the Texas Department of Transportation area rates be used as the agency's source for determining reasonable equipment rates. FEMA rates are also acceptable. Your equipment rates should be a reflection of your incurred costs,and you should be prepared to provide justification for the GLO to approve your equipment rates. Additionally, if your community collects a Beach User Fee, your participation in the BMR Program is contingent upon adherence to the rules of the Beach User Fee Program. if this applies,please remember to include with your application a written statement acknowledging adherence to the regulations governing fees collected from beach users as found in 31 TAC § 15.8. Please submit your application packet no later than .Tune 30, 2023 by mail or email to begin the review process. Send applications to gLoria.mqynard@Rlo.texas.gov.lo.texas.goy. The mailing address is Texas General Land Office,Coastal Resources,Attn: Gloria Maynard, P.O. Box 12873,Austin, TX 78711-2873. Please contact me by email at natalie.bell@glo.texas.gov or by phone at (512) 463-0413 if you have any questions. Sincerely, Na "BellManar Beach Access& Dune Protection Program BMR and BUF Programs Texas General Land Office 1700 North Congress Avenue,Austin,Texas 78701-1495 P.O.Box 12873,Austin,Texas 78711-2873 512-463-5001 glo.texas.gov se o H U N1ORPORpI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting July 18, 2023 DATE: July 18, 2023 TO: Peter Zanoni, City Manager FROM: Alma Iris Casas, Interim Director of Finance & Procurement AlmaC(a.CCTexas.com (361) 826-3610 City of Corpus Christi Investment Policy and Investment Strategies CAPTION: Resolution amending and reaffirming the City of Corpus Christi's Investment Policy and Investment Strategies for the Fiscal Year 2023-2024 SUMMARY: The Public Funds Investment Act requires an annual review by the governing body of its investment policy and adoption of a written instrument stating that it has reviewed the investment policy and investment strategies. BACKGROUND AND FINDINGS: Under Texas Government Code, Chapter 2256, Subchapter A. Authorized Investments for Governmental Entities, the State of Texas delineates the types of investments and the investment rules that must be followed by governmental entities. This chapter is often referred to as the "Public Funds Investment Act". In accordance with the Public Funds Investment Act, the governing body must approve the City's investment policy annually. Last year, City Council approved the City's Investment Policy and Investment Strategies on July 26, 2022. There are no amendments being made to the previous fiscal year's 2022-2023 Investment Policy and Investment Strategies document. The City's Investment Committee met on May 10, 2023, and voted to approve the Investment Policy as presented, with no changes. The Investment Committee is comprised of the City Manager, Chief Financial Officer, Director of Finance, Assistant Director of Finance and the Director of Management and Budget. Linda Patterson with Meeder Public Funds, the City's Investment Advisor, has also reviewed the Investment Policy and Investment Strategies. ALTERNATIVES: Make no changes to the Investment Policy FISCAL IMPACT: N/A Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: City staff recommends approval of the resolution reaffirming the City of Corpus Christi's Investment Policy and Investment Strategy for Fiscal Year 2023-2024 as presented. LIST OF SUPPORTING DOCUMENTS: City of Corpus Christi Investment Policy and Investment Strategy 2023-2024 City of Corpus Christi Investment Policy and Investment Strategy 2023-2024 (Red Line Version) Resolution Resolution reaffirming the City of Corpus Christi's Investment Policy and Investment Strategies for fiscal year 2023-2024. WHEREAS, the City of Corpus Christi's Investment Policy and Investment Strategies were first adopted pursuant to Resolution No. 022390 on October 24, 1995; WHEREAS, the Texas Public Funds Investment Act requires the governing body to annually review, amend as necessary, and reaffirm its investment policy and investment strategies; WHEREAS, the Investment Policy and Investment Strategies were previously reviewed and reaffirmed for fiscal year 2022-23 pursuant to Resolution No. 032821 on July 26, 2022; and WHEREAS, the Investment Policy and Investment Strategies were reviewed for fiscal year 2023-24 by the Investment Committee on May 10, 2023, and recommended for approval with an updated reissuance date for reaffirmation by the City Council. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council has reviewed the City of Corpus Christi's Investment Policy and Investment Strategies for fiscal year 2023-24. A copy of the Investment Policy, which contains the separate Investment Strategies for fiscal year 2023-24, is incorporated by reference into this resolution as if set out here in its entirety. Section 2. With an updated issuance date that coincides with the date this resolution is passed, the City Council approves the City of Corpus Christi's Investment Policy and Investment Strategies for fiscal year 2023-2024, appoints the investment officers as named and authorized in the Investment Policy and Investment Strategies, and reaffirms the continuation of the policy and strategies in full force and effect. 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 City of Corpus Christi Investment Policy and Investment Strategies Adopted July 18, 2023 TABLE OF CONTENTS I. POLICY STATEMENT............................................................................. 1 II. SCOPE................................................................................................. 1 III. PRUDENCE......................................................................................... 2 IV. OBJECTIVES ....................................................................................... 2 V. LEGAL LIMITATIONS AND AUTHORITIES ............................................. 3 VI. DELEGATION OF AUTHORITY AND RESPONSIBILITY .......................... 3 VII. AUTHORIZED FINANCIAL INSTITUTIONS AND BROKER/DEALERS ..... 4 VIII. AUTHORIZED INVESTMENTS ........................................................... 5 IX. COLLATERALIZATION ......................................................................... 7 X. SAFEKEEPING...................................................................................... 8 XI. INTERNAL CONTROLS ........................................................................ 8 XII. REPORTING....................................................................................... 9 XIII. DEPOSITORIES ............................................................................... 10 XIV. AUDITS AND COMPLIANCE WITH LAWS ........................................ 10 XV. INVESTMENT POLICY ADOPTION.................................................... 10 XVI. INVESTMENT STRATEGIES ............................................................. 11 APPENDIX A. RESOLUTION .................................................................................... 13 i CITY OF CORPUS CHRISTI INVESTMENT POLICY AND INVESTMENT STRATEGIES Adopted July 18, 2023 This Investment Policy ("Policy") sets forth the specific policies and guidelines and general strategy for the investment of funds of the City of Corpus Christi ("City") in order to achieve the City's goals of safety, liquidity, diversification, and yield and to preserve the public trust. This Policy satisfies the statutory requirements of the Public Funds Investment Act, Texas Government Code, Chapter 2256 ("Act") to define and adopt a formal investment policy and strategy and assures compliance with the Act. I. POLICY STATEMENT It is the policy of the City that the administration of its funds and the investment of those funds shall be handled as its highest public trust. Investments shall be made in a manner which will provide maximum security of principal invested through risk management and diversification strategies while meeting the cash flow needs of the City and conforming to all federal, State and local laws, rules and regulations governing the investment of public funds. The receipt of a reasonable yield is secondary to the requirements for safety and liquidity. Earnings from investment will be used in a manner that best serves the interests of the City. II. SCOPE This Policy governs the investment of all funds of the City as reported in the Annual Comprehensive Financial Report, except for the following: A. Employee's Retirement Fund, and B. Fireman's Retirement System. With respect to the funds of non-profit corporations that are established by City Council resolution and act on behalf of the City in accordance with State law, this Policy shall prevail in the absence of a specific investment policy adopted by the non-profit corporation. In addition to this Policy, the investment of bond proceeds and other bond funds (including debt and reserve funds) of the City or of a non-profit corporation established by the City and acting on behalf of the City in accordance with State law shall be governed and controlled by their creating ordinance, resolution or trust indenture, including the authorization of eligible investments, and by the provisions of the Internal Revenue Code of 1986, as amended, including all regulations and rulings promulgated thereunder applicable to the issuance of tax- exempt obligations. All funds in the investment portfolio ("Portfolio") of the City are managed as a pooled fund group, referenced in this Policy as the City's Pooled Fund, except the following, which are managed as separately invested assets: Page 1 of 13 A. Texas Utility System Junior Lien Revenue Improvement Bonds Escrow; B. Airport Passenger Facility Charges (PFC); and C. Law Enforcement Seized Assets. III. PRUDENCE The standard of care established by law to be used in the investment process shall be the "prudent person standard" and shall be applied in the context of managing the overall Portfolio, rather than a consideration as to the prudence of a single investment. The standard states that: Investments shall be made with judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. IV. OBJECTIVES All funds shall be managed and invested with four primary objectives, in order of their priority: A. Safety The preservation and safety of principal is the City's foremost objective. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. Authorized investments are chosen for their high credit quality and stability. B. Liquidity The Portfolio shall remain sufficiently liquid, and retain a liquidity buffer, to assure that the City meets all reasonably anticipated expenditures. Investment decisions will be based on anticipated cash flows and only high-credit quality securities will be used for their marketability. C. Yield The Portfolio shall be designed with the objective of attaining a reasonable market yield taking into account the investment risk constraints and liquidity needs of the City. D. Diversification The City will diversify its investments by maturity and market sector in an effort to avoid incurring unreasonable and avoidable market risks. Page 2 of 13 V. LEGAL LIMITATIONS AND AUTHORITIES Specific investment parameters for the investment of public funds in Texas are found in the Act. All investments will be made in accordance with the Act, this Policy, and any applicable financial indentures or trust requirements. VI. DELEGATION OF AUTHORITY AND RESPONSIBILITY All participants in the investment process shall seek to act responsibly as custodians of the public trust. A. City Council The City Council has ultimate fiduciary responsibility for all funds. The City Council is responsible for reviewing and adopting the Policy on no less than an annual basis. The City Council shall receive and review quarterly investment reports, approved by the Investment Committee, from the Investment Officers. B. Investment Committee An Investment Committee shall meet at least quarterly to review and determine operational strategies and to monitor investment results. The Investment Committee shall consist of the City Manager, Chief Financial Officer, Director of Finance & Procurement ('Finance"), Assistant Director of Finance, and Director of Management and Budget. The Investment Committee shall include in its deliberation such topics as: economic outlook, diversification, maturity structure, risk, and performance of the portfolio. At least annually, the Investment Committee shall review, revise, and adopt a list of qualified brokers that are authorized to engage in investment transactions with the City. The Investment Committee shall be responsible for monitoring, reviewing, and making recommendations regarding the Policy to the City Council. The Investment Committee will review quarterly investment reports before submission to the City Council. C. Investment Officers Investment Officers are designated by City Council resolution until such designation is rescinded. The authority to invest City funds and the execution of any documentation necessary is granted to the Investment Officers consisting of the Chief Financial Officer, Director of Finance, Assistant Director of Finance, City Treasurer and Investment Analyst. The Investment Officers are responsible for the daily operation of the investment program; shall comply with this Policy, the Act, and all applicable federal, State, and City laws, rules, and regulations; and will provide complete reports to the Investment Committee on a quarterly basis. The Investment Officers will retain all documentation on investment transactions. Each Investment Officer shall attend at least 10 hours of training within 12 months after taking office or designation as an Investment Officer and eight hours of investment training in each succeeding two-year fiscal period. Training must be received from an independent source approved by the City's Investment Committee and must include education in Page 3 of 13 investment controls, security risks, strategy risks, market risks, diversification of the investment portfolio and compliance with the Act. The Investment Officers will avoid any transaction that might impair public confidence in the City. The Investment Officers may not engage in an investment transaction except as provided under the terms of this Policy. In order to ensure quality and capability of investment management, the Investment Officers shall possess sufficient working knowledge of economics and securities markets, as well as the experience and judgment necessary to carry out the responsibilities outlined in this Policy. D. Investment Advisor The City Council may contract with an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) or with the State Securities Board to provide for the investment and management of its public funds or other funds under its control. A contract made under authority of this subsection may not be for a term longer than two years. A renewal or extension of the contract must be made by the City Council by ordinance or resolution. E. Ethics and Conflicts of Interest Investment Officers shall comply with the City's Code of Ethics which requires disclosure of financial interests each year. Investment Officers shall refrain from personal business activities that could conflict with proper execution of the investment program or which could impair the ability to make impartial investment decisions. Investment Officers shall disclose to the City Council any material investment decisions and financial interests in institutions that conduct investment or banking transactions with the City. Investment Officers must file a disclosure statement with the Texas Ethics Commission and City Council if: 1. The Investment Officer has a personal business relationship with a business organization offering to engage in an investment transaction with the City (as defined in 2256.005 (i)(1-3)); or 2. The Investment Officer is related within the second degree by affinity or consanguinity, as determined under Chapter 573 of the Texas Government Code, to an individual seeking to transact investment business with the City. VII. AUTHORIZED FINANCIAL INSTITUTIONS AND BROKER/DEALERS All investment transactions shall be made through the financial institutions or broker/dealers approved by the Investment Committee. No investment transactions may be entered into with a brokerage subsidiary of the City's safekeeping bank in order to perfect delivery versus payment (DVP) requirements for trade independence. The Investment Officers will provide each authorized financial institution and broker/dealer a copy of this Policy to ensure that they are familiar with the goals and objectives of the City as Page 4 of 13 required by the Act. Investments shall only be made with local government investment pools which have provided the City with a written certification executed by a qualified representative of the pool acknowledging that the pool has: A. Received, and thoroughly reviewed the Policy; and B. Implemented reasonable controls and procedures in an effort to preclude investment transactions not authorized by the Policy, except to the extent that this authorization is dependent on an analysis of the makeup of the City's Portfolio or requires an interpretation of subjective investment standards. The Investment Officers will request the Investment Committee authorize the deletion of financial institutions or broker/dealers for: A. Slow response time; B. Inability to compete with other authorized firms; C. Insufficient market information on technical or fundamental expectations based on economic indicators; D. Failed transactions or continuing operations difficulties; or E. Unwillingness to abide by this Policy. VIII. AUTHORIZED INVESTMENTS A. Investments Authorized investments under this Policy shall be limited to the instruments listed below as further described bythe Act. If additional types of securities are approved for investment of public funds by State statute,they will not be eligible for investment by the City until this Policy has been amended and the amended version adopted by the City Council. The City is not required to liquidate investments that were authorized investments at the time of purchase (2256.017). 1. Obligations of the U.S. Government, its agencies and instrumentalities, excluding mortgage backed securities, with a maximum stated maturity of three years [2256.009(x)(1)]. 2. Fully Federal Deposit Insurance Corporation (FDIC) insured or collateralized depository certificates of deposit of a depository institution that has its main office or a branch office in Texas with a maximum maturity of two years (2256.010). 3. Fully collateralized direct repurchase agreements with a defined termination date secured in accordance with this Policy and placed through a primary government securities dealer, as defined by the Federal Reserve, or a financial institution doing business in this State. All repurchase agreement transactions shall be governed in accordance with the Act. The maximum stated maturity shall be one year with the exception of flex repurchase agreements used for bond proceeds capital projects. The flex repurchase agreement transaction shall be matched to the expenditure Page 5 of 13 plan of the bonds (2256.011). 4. AAA, or equivalent, rated local government investment pools defined by the Act and striving to maintain a $1 net asset value and specifically approved for participation by a resolution of the City Council (2256.016). 5. AAA-rated, SEC registered no-load money market mutual funds which strive to maintain a $1 net asset value [2256.014(a)]. 6. Fully FDIC insured or collateralized interest-bearing depository accounts of banks in Texas [2256.009(x)(7)]. 7. General debt obligations of any U.S. states, agencies, counties, cities, and other political subdivisions of any state rated no less than A by a nationally recognized rating agency and with a maximum stated maturity of three years [2256.009(x)(5)]. 8. FDIC insured brokered certificate of deposit securities from a bank in any U.S. state, DVP to the City's safekeeping agent, not to exceed two years to maturity. Before purchase, the Investment Officers must verify the FDIC status of the bank on www.fdic.gov to assure the bank is FDIC insured [2256.010(b)]. 9. A101,or equivalent, rated commercial paper with a maximum maturity of 270 days subject to meeting one of the two stated conditions in Sec. 2256.013. (2256.013). 10. Guaranteed investment contracts with a maximum maturity of two years and executed in accordance with the Act (2256.015). 11. Securities lending transactions with primary dealers or banks doing business in Texas in accordance with the Act (2256.0115). B. Competitive Bidding Requirement It is the policy of the City to require competitive bidding for all security purchases and sales, except for: 1. Transactions with money market mutual funds and local government investment pools; 2. Treasury and agency securities purchased at issue; 3. Automatic overnight "sweep" transactions with the city depository; and 4. Repurchase agreements. Two or more bids or offers must be solicited for all other transactions involving individual securities with the exception of guaranteed investment contracts, which require at least three bids or offers. In situations where the exact security is not offered by other dealers, offers on the closest comparable investment may be used to establish a fair market price for the security. Certificates of deposit may be solicited in any manner permitted by the Act. C. DVP Requirement All transactions, excluding local government investment pool and mutual fund transactions, shall be conducted on a DVP basis. Page 6 of 13 IX. COLLATERALIZATION The City requires that all uninsured collected balances plus accrued interest, if any, in depository accounts be secured in accordance with the requirements of the Depository Services Agreement, this Policy, the Public Funds Collateral Act (Texas Government Code, Chapter 2257), and the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. A. Time and Demand Deposit Pledged Collateral Consistent with State law, the City requires all bank time and demand deposits to be federally insured and collateralized above federal insurance coverage with eligible securities. Depository collateral is pledged to and not owned by the City. All collateral shall be held by independent third-party custodian(s) approved by the City under an executed collateral agreement with the pledging bank. The custodian(s) shall provide a monthly report of the collateral. The value of pledged securities must be at least 102%of deposits including accrued interest. Eligible collateral securities shall only include: 1. Obligations of the U.S. Government, its agencies and instrumentalities, including mortgage backed securities and collateralized mortgage obligations passing the Federal Reserve bank test, 2. Obligations of states, agencies, counties, cities, and other political subdivisions of any state rated not less than A by a nationally recognized rating agency, or 3. Irrevocable letters of credit issued to the City by a federal home loan bank. The City's Investment Officers reserve the right to accept or reject any form of collateral or enhancement at their sole discretion. Collateralization often requires substitution. The substituted collateral's market value will be calculated and, if its market value is equal to or greater than the required collateral value, the substitution is allowed. Substitutions should be limited to minimize the City's transactional recording requirements. Should the collateral's market value exceed the required amount, the pledging Institution may request approval from an Investment Officer to reduce collateral. Collateral reductions may be permitted only if the City's records indicate that the total collateral market value exceeds the required amount. B. Repurchase Agreements Owned Collateral Collateral under a repurchase agreement is owned by the City (2256.011). It will be held by an independent third-party safekeeping institution approved by the City under an executed Bond Market Master Repurchase Agreement. Securities (collateral) with a market value totaling 102% of the principal and accrued interest of the repurchase agreement is required, and the third-party is responsible for the monitoring and maintaining of collateral and margins daily. Page 7 of 13 Authorized collateral for repurchase agreements will include only: 1. Cash; 2. Obligations of the U.S. Government, its agencies and instrumentalities including mortgage-backed securities and CMO which pass the bank test; or 3. Debt obligations of any U.S. state or U.S. state sub-division rated A or better by at least one nationally recognized rating agency. X. SAFEKEEPING The City shall maintain safekeeping with its banking institution or other banks for the safekeeping of City-owned securities (including those owned under a repurchase agreement or guaranteed investment contract). All collateral must be held in the City's name and must be so reflected on the safekeeping receipts. All security transactions shall be settled on a DVP basis by the safekeeping institution (2256.005). Securities shall not be held in any brokerage account. Securities shall not be bought from the City's depository bank in order to provide perfected DVP. The safekeeping institution shall be required to issue safekeeping receipts listing each specific security, rate, description, maturity, Committee on Uniform Security Identification Procedures (CUSIP) number, and other pertinent information which will be maintained by the Investment Officers. XI. INTERNAL CONTROLS The Investment Officers will maintain controls to regulate the activities of the investment program in accordance with this Policy. The controls shall be designed to prevent loss of funds due to fraud, employee error, misrepresentation by third parties, unanticipated market changes, or imprudent actions. Internal controls deemed most important would include: competitive bidding, control of collusion, separation of duties, safekeeping, delegation of authority, and documentation. In conjunction with the annual financial audit, a compliance audit of management controls on investments and adherence to this Policy shall be performed. A. Cash Flow Forecasting Cash flow analysis and forecasting is designed to protect and sustain cash flow requirements of the City. Executive management of the City will inform the Investment Officers of anticipated cash flows which will be used for cash flow and investment purposes. B. Loss of Rating The Investment Officers shall monitor the credit rating on all authorized investments in the portfolio which require ratings by policy or law. Ratings will be based upon independent information from a nationally recognized rating agency. An investment that requires a minimum rating under the Act does not qualify as an authorized investment during the Page 8 of 13 period the investment does not have the minimum rating. The City shall take all prudent measures that are consistent with this Policy to liquidate an investment that does not have the minimum rating. If any security falls below the minimum rating required by Policy or law, the Investment Officers shall notify the Committee of the loss of rating, conditions affecting the rating and possible loss of principal with liquidation options available, within one week after the loss of the required rating (2256.021). C. Monitoring FDIC Coverage The Investment Officers shall monitor, on no less than a weekly basis, the status and ownership of all banks issuing brokered certificates of deposit owned by the City based upon information from the FDIC. If any bank has been acquired or merged with another bank in which brokered certificates of deposit are owned by the City, the Investment Officers shall immediately liquidate any brokered certificate of deposit which places the City above the FDIC insurance level. XII. REPORTING In accordance with the Act (2256.023), not less than quarterly, the Investment Officers shall prepare and submit to the Investment Committee and City Council a written report of investment transactions for all funds covered by the Act and this Policy for the preceding reporting period within a reasonable time after the end of the period. The report must: A. Describe in detail the investment position of the portfolio on the date of the report; B. Be prepared jointly by all Investment Officers of the City; C. Be signed by each Investment Officer of the City; D. Contain a summary statement of each pooled fund group that states the: 1. Beginning market value for the reporting period; 2. Ending market value for the period; and 3. Fully accrued interest for the reporting period; E. State the book value and market value of each separately invested asset at the end of the reporting period by the type of asset and fund type invested; F. State the maturity date of each separately invested asset that has a maturity date; G. State the account or fund or pooled group fund in City for which each individual investment was acquired; and H. State the compliance of the investment portfolio of the City as it relates to: 1. The investment strategy expressed in this Policy; and 2. Relevant provisions of Section 2256.023 of the Act. The quarterly reports prepared by the Investment Officers shall be formally reviewed at least annually by an independent auditor, and the result of the review shall be reported to City Council by that auditor. In addition to quarterly reports, the Investment Officers will submit to the Director of Finance the following reports on a monthly basis: Page 9 of 13 A. Cash position by bank account; B. Collateral position; and C. Investment transaction. Market prices for market value calculations shall be obtained from nationally recognized securities databases including those provided by the City's depository bank through its safekeeping services and Bloomberg Professional Services. XIII. DEPOSITORIES The City designates one banking institution for banking services through a competitive process at least every five years. Written depository agreements shall be executed before funds are transferred. XIV. AUDITS AND COMPLIANCE WITH LAWS Each banking institution agrees to comply with all federal, State, and local laws, rules, and regulations. The personnel or officers of such institution shall be fully qualified and authorized under federal, State, and local law to perform the services set out under this Policy. Each institution shall permit the Investment Officers to audit, examine, and make excerpts or transcripts from such records of all contracts, invoices, materials, and other data relating to applicable investments. XV. INVESTMENT POLICY ADOPTION The City Council shall review and adopt by resolution its Investment Policy and Investment Strategies not less than annually, and the approving resolution shall designate any changes made to the Policy and Strategies. Page 10 of 13 XVI. INVESTMENT STRATEGIES The City's Investment Portfolio ("Portfolio") will be designed and managed based on projected cash flows to provide for all anticipated and projected cash needs for each fund. The Portfolio is to be managed pro-actively considering ongoing market changes but is essentially a buy-and- hold portfolio. Information on expected expenditures from the executive management of the City will be incorporated into investment decisions. The overall investment program shall be designed and managed with a degree of professionalism worthy of public trust. The investment strategy for funds established after the annual Policy adoption will be managed in accordance with the terms of this Policy and applicable agreements until a specific strategy is reviewed and adopted. A. Pooled Fund Strategy The City's Pooled Fund is an aggregation of City funds which include tax receipts, enterprise revenue, fine and fee revenues, as well as, bond proceeds, grants, gifts, and endowments. The City's Pooled Fund may include funds from various Corporations associated with the City which receive income distributions from their pro-rata share of the full fund group. The City's Pooled Fund is maintained to meet anticipated daily cash needs for City operations, capital projects, and debt service payments. The objectives of this fund are to: 1. Ensure safety of principal by investing only in high-credit quality investments for which a strong secondary market exists which are designed to assure on-going suitability and marketability of such investments; 2. Ensure that anticipated cash flows are matched with adequate investment liquidity; 3. Limit market and credit risk through diversification; and 4. Attain a market yield commensurate with the objectives and restrictions set forth in this Policy. The City's Pooled Fund shall have a maximum dollar-weighted average maturity (WAM) of one year (365 days) designed to meet anticipated cash flow needs. The fund shall be laddered based on cash flow analysis to provide ongoing liquidity for anticipated needs and provide for reasonable extension. A minimum of 15% of the City's Pooled Fund shall be held in cash or cash equivalents for liquidity and no more than 40% may be invested longer than one year. Changes in City cash flows may change percentage representations over time. Unless approved by the Investment Committee, the target percentages specified shall not be exceeded for a temporary period greater than thirty (30) days without the Investment Officers taking corrective action. The risks in the City's Pooled Fund shall be measured quarterly against a risk benchmark designed to mirror the authorized market investments and the City's cash flow requirements. Because this fund is dictated by cash flow needs, the benchmark becomes a measure of risk which reflects the primary market rates matched to the WAM. With a maximum WAM of one year, the risk benchmark is established as the one-year Treasury Bill for the comparable period. The fund should track the risk benchmark but will naturally Page 11 of 13 lag as market interest rates, which adjust daily, move. B. Texas Utility System Junior Lien Revenue Improvement Bonds Escrow Fund Strategy This escrow fund was established pursuant to an escrow agreement dated as of August 29, 2017 with The Bank of New York Mellon Trust Company, N.A. Escrow will be maintained with The Bank of New York Mellon Trust Company, N.A. in investments authorized by the Act and this Policy. The objectives of this fund are to: 1. Ensure safety of principal by investing only in high credit quality investments for which a strong secondary market exists; 2. Ensure that anticipated cash flows are matched with adequate investment liquidity; 3. Manage market and credit risk through diversification of investments and the requirement of AAA ratings; and 4. Attain a market yield commensurate with the objectives and restrictions set forth in this Policy and the escrow agreement. C. Airport Passenger Facility Charges (PFC) Fund Strategy The Airport PFC Fund is revenue comprised of fees imposed as authorized by The Aviation Safety and Capacity Expansion Act of 1190 (Public Law 101-508, Title II, Subtitle B). The revenue is segregated as required by the Passenger Facility Charge Audit Guide for Public Agencies, issued by the Federal Aviation Administration. The objectives of this fund are to: 1. Ensure safety of principal by investing only in high credit quality investments for which a strong secondary market exists; 2. Ensure that anticipated cash flows are matched with adequate investment liquidity; 3. Manage market and credit risk through diversification of investments and the requirement of AAA ratings; and 4. Attain a market yield commensurate with the objectives and restrictions set forth in this Policy and the escrow agreement. D. Law Enforcement Seized Assets Fund Strategy The Law Enforcement Seized Assets Fund is comprised of seized contraband money that, per the Code of Criminal Procedure, Chapter 59, Article 8, may be deposited in an interest- bearing bank account in the jurisdiction of the attorney representing the State until final judgment is rendered concerning the contraband. The objective of this fund is to ensure safety of principal by investing only in a fully FDIC-insured or collateralized interest-bearing depository account of banks in Texas. Since the revenue will only be deposited into this type of investment,there is no liquidity risk, market risk, diversification risk, nor credit risk. Page 12 of 13 City of Corpus Christi Investment Policy and Investment Strategies Adopted July 18, 2023.,x= i TABLE OF CONTENTS I. POLICY STATEMENT............................................................................. 1 11. SCOPE................................................................................................. 1 III. PRUDENCE......................................................................................... 2 IV. OBJECTIVES ....................................................................................... 2 V. LEGAL LIMITATIONS AND AUTHORITIES ............................................. 3 VI. DELEGATION OF AUTHORITY AND RESPONSIBILITY .......................... 3 VII. AUTHORIZED FINANCIAL INSTITUTIONS AND BROKER/DEALERS ..... 4 VIII. AUTHORIZED INVESTMENTS ........................................................... 5 IX. COLLATERALIZATION ......................................................................... 7 X. SAFEKEEPING...................................................................................... 8 XI. INTERNAL CONTROLS ........................................................................ 8 XII. REPORTING....................................................................................... 9 XIII. DEPOSITORIES ............................................................................... 10 XIV. AUDITS AND COMPLIANCE WITH LAWS ........................................ 10 XV. INVESTMENT POLICY ADOPTION.................................................... 10 XVI. INVESTMENT STRATEGIES ............................................................. 11 APPENDIX A. RESOLUTION .................................................................................... 13 i i CITY OF CORPUS CHRISTI INVESTMENT POLICY AND INVESTMENT STRATEGIES Adopted July 18, 2023 6111 26, 2Q This Investment Policy ("Policy") sets forth the specific policies and guidelines and general strategy for the investment of funds of the City of Corpus Christi ("City") in order to achieve the City's goals of safety, liquidity, diversification, and yield and to preserve the public trust. This Policy satisfies the statutory requirements of the Public Funds Investment Act, Texas Government Code, Chapter 2256 ("Act") to define and adopt a formal investment policy and strategy and assures compliance with the Act. I. POLICY STATEMENT It is the policy of the City that the administration of its funds and the investment of those funds shall be handled as its highest public trust. Investments shall be made in a manner which will provide maximum security of principal invested through risk management and diversification strategies while meeting the cash flow needs of the City and conforming to all federal, State and local laws, rules and regulations governing the investment of public funds. The receipt of a reasonable yield is secondary to the requirements for safety and liquidity. Earnings from investment will be used in a manner that best serves the interests of the City. II. SCOPE This Policy governs the investment of all funds of the City as reported in the Annual Comprehensive Financial Report, except for the following: A. Employee's Retirement Fund, and B. Fireman's Retirement System. With respect to the funds of non-profit corporations that are established by City Council resolution and act on behalf of the City in accordance with State law, this Policy shall prevail in the absence of a specific investment policy adopted by the non-profit corporation. In addition to this Policy, the investment of bond proceeds and other bond funds (including debt and reserve funds) of the City or of a non-profit corporation established by the City and acting on behalf of the City in accordance with State law shall be governed and controlled by their creating ordinance, resolution or trust indenture, including the authorization of eligible investments, and by the provisions of the Internal Revenue Code of 1986, as amended, including all regulations and rulings promulgated thereunder applicable to the issuance of tax- exempt obligations. All funds in the investment portfolio ("Portfolio") of the City are managed as a pooled fund group, referenced in this Policy as the City's Pooled Fund, except the following, which are managed as separately invested assets: Page 1 of 13 i A. Texas Utility System Junior Lien Revenue Improvement Bonds Escrow; B. Airport Passenger Facility Charges (PFC); and C. Law Enforcement Seized Assets. III. PRUDENCE The standard of care established by law to be used in the investment process shall be the "prudent person standard" and shall be applied in the context of managing the overall Portfolio, rather than a consideration as to the prudence of a single investment. The standard states that: Investments shall be made with judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. IV. OBJECTIVES All funds shall be managed and invested with four primary objectives, in order of their priority: A. Safety The preservation and safety of principal is the City's foremost objective. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. Authorized investments are chosen for their high credit quality and stability. B. Liquidity The Portfolio shall remain sufficiently liquid, and retain a liquidity buffer, to assure that the City meets all reasonably anticipated expenditures. Investment decisions will be based on anticipated cash flows and only high-credit quality securities will be used for their marketability. C. Yield The Portfolio shall be designed with the objective of attaining a reasonable market yield taking into account the investment risk constraints and liquidity needs of the City. D. Diversification The City will diversify its investments by maturity and market sector in an effort to avoid incurring unreasonable and avoidable market risks. Page 2 of 13 i V. LEGAL LIMITATIONS AND AUTHORITIES Specific investment parameters for the investment of public funds in Texas are found in the Act. All investments will be made in accordance with the Act, this Policy, and any applicable financial indentures or trust requirements. VI. DELEGATION OF AUTHORITY AND RESPONSIBILITY All participants in the investment process shall seek to act responsibly as custodians of the public trust. A. City Council The City Council has ultimate fiduciary responsibility for all funds. The City Council is responsible for reviewing and adopting the Policy on no less than an annual basis.The City Council shall receive and review quarterly investment reports, approved by the Investment Committee, from the Investment Officers. B. Investment Committee An Investment Committee shall meet at least quarterly to review and determine operational strategies and to monitor investment results.The Investment Committee shall consist of the City Manager, Chief Financial Officer, Director of Finance & Procurement ('Finance"), Assistant Director of Finance, and Director of Management and Budget. The Investment Committee shall include in its deliberation such topics as: economic outlook, diversification, maturity structure, risk, and performance of the portfolio.At least annually, the Investment Committee shall review, revise, and adopt a list of qualified brokers that are authorized to engage in investment transactions with the City. The Investment Committee shall be responsible for monitoring, reviewing, and making recommendations regarding the Policy to the City Council. The Investment Committee will review quarterly investment reports before submission to the City Council. C. Investment Officers Investment Officers are designated by City Council resolution until such designation is rescinded. The authority to invest City funds and the execution of any documentation necessary is granted to the Investment Officers consisting of the Chief Financial Officer, Director of Finance, Assistant Director of Finance, City Treasurer and Investment Analyst. The Investment Officers are responsible for the daily operation of the investment program; shall comply with this Policy, the Act, and all applicable federal, State, and City laws, rules, and regulations; and will provide complete reports to the Investment Committee on a quarterly basis. The Investment Officers will retain all documentation on investment transactions. Each Investment Officer shall attend at least 10 hours of training within 12 months after taking office or designation as an Investment Officer and eight hours of investment training in each succeeding two-year fiscal period. Training must be received from an independent source approved by the City's Investment Committee and must include education in Page 3 of 13 i investment controls, security risks, strategy risks, market risks, diversification of the investment portfolio and compliance with the Act. The Investment Officers will avoid any transaction that might impair public confidence in the City. The Investment Officers may not engage in an investment transaction except as provided under the terms of this Policy. In order to ensure quality and capability of investment management, the Investment Officers shall possess sufficient working knowledge of economics and securities markets, as well as the experience and judgment necessary to carry out the responsibilities outlined in this Policy. D. Investment Advisor The City Council may contract with an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) or with the State Securities Board to provide for the investment and management of its public funds or other funds under its control.A contract made under authority of this subsection may not be for a term longer than two years. A renewal or extension of the contract must be made by the City Council by ordinance or resolution. E. Ethics and Conflicts of Interest Investment Officers shall comply with the City's Code of Ethics which requires disclosure of financial interests each year. Investment Officers shall refrain from personal business activities that could conflict with proper execution of the investment program or which could impair the ability to make impartial investment decisions. Investment Officers shall disclose to the City Council any material investment decisions and financial interests in institutions that conduct investment or banking transactions with the City. Investment Officers must file a disclosure statement with the Texas Ethics Commission and City Council if: 1. The Investment Officer has a personal business relationship with a business organization offering to engage in an investment transaction with the City (as defined in 2256.005 (i)(1-3)); or 2. The Investment Officer is related within the second degree by affinity or consanguinity, as determined under Chapter 573 of the Texas Government Code, to an individual seeking to transact investment business with the City. VII. AUTHORIZED FINANCIAL INSTITUTIONS AND BROKER/DEALERS All investment transactions shall be made through the financial institutions or broker/dealers approved by the Investment Committee. No investment transactions may be entered into with a brokerage subsidiary of the City's safekeeping bank in order to perfect delivery versus payment (DVP) requirements for trade independence. The Investment Officers will provide each authorized financial institution and broker/dealer a copy of this Policy to ensure that they are familiar with the goals and objectives of the City as Page 4 of 13 i required by the Act. Investments shall only be made with local government investment pools which have provided the City with a written certification executed by a qualified representative of the pool acknowledging that the pool has: A. Received, and thoroughly reviewed the Policy; and B. Implemented reasonable controls and procedures in an effort to preclude investment transactions not authorized by the Policy, except to the extent that this authorization is dependent on an analysis of the makeup of the City's Portfolio or requires an interpretation of subjective investment standards. The Investment Officers will request the Investment Committee authorize the deletion of financial institutions or broker/dealers for: A. Slow response time; B. Inability to compete with other authorized firms; C. Insufficient market information on technical or fundamental expectations based on economic indicators; D. Failed transactions or continuing operations difficulties; or E. Unwillingness to abide by this Policy. VIII.AUTHORIZED INVESTMENTS A. Investments Authorized investments under this Policy shall be limited to the instruments listed below as further described by the Act. If additional types of securities are approved for investment of public funds by State statute,they will not be eligible for investment by the City until this Policy has been amended and the amended version adopted by the City Council. The City is not required to liquidate investments that were authorized investments at the time of purchase (2256.017). 1. Obligations of the U.S. Government, its agencies and instrumentalities, excluding mortgage backed securities, with a maximum stated maturity of three years [2256.009(a)(1)]. 2. Fully Federal Deposit Insurance Corporation (FDIC) insured or collateralized depository certificates of deposit of a depository institution that has its main office or a branch office in Texas with a maximum maturity of two years (2256.010). 3. Fully collateralized direct repurchase agreements with a defined termination date secured in accordance with this Policy and placed through a primary government securities dealer, as defined by the Federal Reserve, or a financial institution doing business in this State. All repurchase agreement transactions shall be governed in accordance with the Act. The maximum stated maturity shall be one year with the exception of flex repurchase agreements used for bond proceeds capital projects. The flex repurchase agreement transaction shall be matched to the expenditure Page 5 of 13 i plan of the bonds (2256.011). 4. AAA, or equivalent, rated local government investment pools defined by the Act and striving to maintain a $1 net asset value and specifically approved for participation by a resolution of the City Council (2256.016). 5. AAA-rated, SEC registered no-load money market mutual funds which strive to maintain a $1 net asset value [2256.014(a)]. 6. Fully FDIC insured or collateralized interest-bearing depository accounts of banks in Texas [2256.009(a)(7)]. 7. General debt obligations of any U.S. states, agencies, counties, cities, and other political subdivisions of any state rated no less than A by a nationally recognized rating agency and with a maximum stated maturity of three years [2256.009(a)(5)]. 8. FDIC insured brokered certificate of deposit securities from a bank in any U.S. state, DVP to the City's safekeeping agent, not to exceed two years to maturity. Before purchase, the Investment Officers must verify the FDIC status of the bank on www.fdic.gov to assure the bank is FDIC insured [2256.010(b)]. 9. A101,or equivalent, rated commercial paper with a maximum maturity of 270 days subject to meeting one of the two stated conditions in Sec. 2256.013. (2256.013). 10. Guaranteed investment contracts with a maximum maturity of two years and executed in accordance with the Act (2256.015). 11. Securities lending transactions with primary dealers or banks doing business in Texas in accordance with the Act (2256.0115). B. Competitive Bidding Requirement It is the policy of the City to require competitive bidding for all security purchases and sales, except for: 1. Transactions with money market mutual funds and local government investment pools; 2. Treasury and agency securities purchased at issue; 3. Automatic overnight "sweep" transactions with the city depository; and 4. Repurchase agreements. Two or more bids or offers must be solicited for all other transactions involving individual securities with the exception of guaranteed investment contracts, which require at least three bids or offers. In situations where the exact security is not offered by other dealers, offers on the closest comparable investment may be used to establish a fair market price for the security. Certificates of deposit may be solicited in any manner permitted by the Act. C. DVP Requirement All transactions, excluding local government investment pool and mutual fund transactions, shall be conducted on a DVP basis. Page 6 of 13 i IX. COLLATERALIZATION The City requires that all uninsured collected balances plus accrued interest, if any, in depository accounts be secured in accordance with the requirements of the Depository Services Agreement, this Policy, the Public Funds Collateral Act (Texas Government Code, Chapter 2257), and the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. A. Time and Demand Deposit Pledged Collateral Consistent with State law, the City requires all bank time and demand deposits to be federally insured and collateralized above federal insurance coverage with eligible securities. Depository collateral is pledged to and not owned by the City. All collateral shall be held by independent third-party custodian(s) approved by the City under an executed collateral agreement with the pledging bank. The custodian(s) shall provide a monthly report of the collateral.The value of pledged securities must be at least 102%of deposits including accrued interest. Eligible collateral securities shall only include: 1. Obligations of the U.S. Government, its agencies and instrumentalities, including mortgage backed securities and collateralized mortgage obligations passing the Federal Reserve bank test, 2. Obligations of states, agencies, counties, cities, and other political subdivisions of any state rated not less than A by a nationally recognized rating agency, or 3. Irrevocable letters of credit issued to the City by a federal home loan bank. The City's Investment Officers reserve the right to accept or reject any form of collateral or enhancement at their sole discretion. Collateralization often requires substitution. The substituted collateral's market value will be calculated and, if its market value is equal to or greater than the required collateral value, the substitution is allowed. Substitutions should be limited to minimize the City's transactional recording requirements. Should the collateral's market value exceed the required amount, the pledging Institution may request approval from an Investment Officerto reduce collateral.Collateral reductions may be permitted only if the City's records indicate that the total collateral market value exceeds the required amount. B. Repurchase Agreements Owned Collateral Collateral under a repurchase agreement is owned by the City(2256.011). It will be held by an independent third-party safekeeping institution approved by the City under an executed Bond Market Master Repurchase Agreement. Securities (collateral) with a market value totaling 102% of the principal and accrued interest of the repurchase agreement is required, and the third-party is responsible for the monitoring and maintaining of collateral and margins daily. Page 7 of 13 i Authorized collateral for repurchase agreements will include only: 1. Cash; 2. Obligations of the U.S. Government, its agencies and instrumentalities including mortgage-backed securities and CMO which pass the bank test; or 3. Debt obligations of any U.S. state or U.S. state sub-division rated A or better by at least one nationally recognized rating agency. X. SAFEKEEPING The City shall maintain safekeeping with its banking institution or other banks for the safekeeping of City-owned securities (including those owned under a repurchase agreement or guaranteed investment contract). All collateral must be held in the City's name and must be so reflected on the safekeeping receipts. All security transactions shall be settled on a DVP basis by the safekeeping institution (2256.005). Securities shall not be held in any brokerage account. Securities shall not be bought from the City's depository bank in order to provide perfected DVP. The safekeeping institution shall be required to issue safekeeping receipts listing each specific security, rate, description, maturity, Committee on Uniform Security Identification Procedures (CUSIP) number, and other pertinent information which will be maintained by the Investment Officers. XI. INTERNAL CONTROLS The Investment Officers will maintain controls to regulate the activities of the investment program in accordance with this Policy.The controls shall be designed to prevent loss of funds due to fraud, employee error, misrepresentation by third parties, unanticipated market changes, or imprudent actions. Internal controls deemed most important would include: competitive bidding, control of collusion, separation of duties, safekeeping, delegation of authority, and documentation. In conjunction with the annual financial audit, a compliance audit of management controls on investments and adherence to this Policy shall be performed. A. Cash Flow Forecasting Cash flow analysis and forecasting is designed to protect and sustain cash flow requirements of the City. Executive management of the City will inform the Investment Officers of anticipated cash flows which will be used for cash flow and investment purposes. B. Loss of Rating The Investment Officers shall monitor the credit rating on all authorized investments in the portfolio which require ratings by policy or law. Ratings will be based upon independent information from a nationally recognized rating agency. An investment that requires a minimum rating under the Act does not qualify as an authorized investment during the Page 8 of 13 i period the investment does not have the minimum rating. The City shall take all prudent measures that are consistent with this Policy to liquidate an investment that does not have the minimum rating. If any security falls below the minimum rating required by Policy or law, the Investment Officers shall notify the Committee of the loss of rating, conditions affecting the rating and possible loss of principal with liquidation options available, within one week after the loss of the required rating (2256.021). C. Monitoring FDIC Coverage The Investment Officers shall monitor, on no less than a weekly basis, the status and ownership of all banks issuing brokered certificates of deposit owned by the City based upon information from the FDIC. If any bank has been acquired or merged with another bank in which brokered certificates of deposit are owned by the City, the Investment Officers shall immediately liquidate any brokered certificate of deposit which places the City above the FDIC insurance level. XII. REPORTING In accordance with the Act (2256.023), not less than quarterly, the Investment Officers shall prepare and submit to the Investment Committee and City Council a written report of investment transactions for all funds covered by the Act and this Policy for the preceding reporting period within a reasonable time after the end of the period. The report must: A. Describe in detail the investment position of the portfolio on the date of the report; B. Be prepared jointly by all Investment Officers of the City; C. Be signed by each Investment Officer of the City; D. Contain a summary statement of each pooled fund group that states the: 1. Beginning market value for the reporting period; 2. Ending market value for the period; and 3. Fully accrued interest for the reporting period; E. State the book value and market value of each separately invested asset at the end of the reporting period by the type of asset and fund type invested; F. State the maturity date of each separately invested asset that has a maturity date; G. State the account or fund or pooled group fund in City for which each individual investment was acquired; and H. State the compliance of the investment portfolio of the City as it relates to: 1. The investment strategy expressed in this Policy; and 2. Relevant provisions of Section 2256.023 of the Act. The quarterly reports prepared by the Investment Officers shall be formally reviewed at least annually by an independent auditor, and the result of the review shall be reported to City Council by that auditor. In addition to quarterly reports, the Investment Officers will submit to the Director of Finance the following reports on a monthly basis: Page 9 of 13 i A. Cash position by bank account; B. Collateral position; and C. Investment transaction. Market prices for market value calculations shall be obtained from nationally recognized securities databases including those provided by the City's depository bank through its safekeeping services and Bloomberg Professional Services. XIII. DEPOSITORIES The City designates one banking institution for banking services through a competitive process at least every five years. Written depository agreements shall be executed before funds are transferred. XIV. AUDITS AND COMPLIANCE WITH LAWS Each banking institution agrees to comply with all federal, State, and local laws, rules, and regulations. The personnel or officers of such institution shall be fully qualified and authorized under federal, State, and local law to perform the services set out under this Policy. Each institution shall permit the Investment Officers to audit, examine, and make excerpts or transcripts from such records of all contracts, invoices, materials, and other data relating to applicable investments. XV. INVESTMENT POLICY ADOPTION The City Council shall review and adopt by resolution its Investment Policy and Investment Strategies not less than annually, and the approving resolution shall designate any changes made to the Policy and Strategies. Page 10 of 13 i XVI. INVESTMENT STRATEGIES The City's Investment Portfolio ("Portfolio") will be designed and managed based on projected cash flows to provide for all anticipated and projected cash needs for each fund. The Portfolio is to be managed pro-actively considering ongoing market changes but is essentially a buy-and- hold portfolio. Information on expected expenditures from the executive management of the City will be incorporated into investment decisions. The overall investment program shall be designed and managed with a degree of professionalism worthy of public trust. The investment strategy for funds established after the annual Policy adoption will be managed in accordance with the terms of this Policy and applicable agreements until a specific strategy is reviewed and adopted. A. Pooled Fund Strategy The City's Pooled Fund is an aggregation of City funds which include tax receipts, enterprise revenue, fine and fee revenues, as well as, bond proceeds, grants, gifts, and endowments. The City's Pooled Fund may include funds from various Corporations associated with the City which receive income distributions from their pro-rata share of the full fund group. The City's Pooled Fund is maintained to meet anticipated daily cash needs for City operations, capital projects, and debt service payments. The objectives of this fund are to: 1. Ensure safety of principal by investing only in high-credit quality investments for which a strong secondary market exists which are designed to assure on-going suitability and marketability of such investments; 2. Ensure that anticipated cash flows are matched with adequate investment liquidity; 3. Limit market and credit risk through diversification; and 4. Attain a market yield commensurate with the objectives and restrictions set forth in this Policy. The City's Pooled Fund shall have a maximum dollar-weighted average maturity (WAM) of one year (365 days) designed to meet anticipated cash flow needs. The fund shall be laddered based on cash flow analysis to provide ongoing liquidity for anticipated needs and provide for reasonable extension. A minimum of 15% of the City's Pooled Fund shall be held in cash or cash equivalents for liquidity and no more than 40% may be invested longer than one year. Changes in City cash flows may change percentage representations over time. Unless approved by the Investment Committee, the target percentages specified shall not be exceeded for a temporary period greater than thirty (30) days without the Investment Officers taking corrective action. The risks in the City's Pooled Fund shall be measured quarterly against a risk benchmark designed to mirror the authorized market investments and the City's cash flow requirements. Because this fund is dictated by cash flow needs, the benchmark becomes a measure of risk which reflects the primary market rates matched to the WAM. With a maximum WAM of one year, the risk benchmark is established as the one-year Treasury Bill for the comparable period. The fund should track the risk benchmark but will naturally Page 11 of 13 i lag as market interest rates, which adjust daily, move. B. Texas Utility System Junior Lien Revenue Improvement Bonds Escrow Fund Strategy This escrow fund was established pursuant to an escrow agreement dated as of August 29, 2017 with The Bank of New York Mellon Trust Company, N.A. Escrow will be maintained with The Bank of New York Mellon Trust Company, N.A. in investments authorized by the Act and this Policy. The objectives of this fund are to: 1. Ensure safety of principal by investing only in high credit quality investments for which a strong secondary market exists; 2. Ensure that anticipated cash flows are matched with adequate investment liquidity; 3. Manage market and credit risk through diversification of investments and the requirement of AAA ratings; and 4. Attain a market yield commensurate with the objectives and restrictions set forth in this Policy and the escrow agreement. C. Airport Passenger Facility Charges (PFC) Fund Strategy The Airport PFC Fund is revenue comprised of fees imposed as authorized by The Aviation Safety and Capacity Expansion Act of 1190 (Public Law 101-508, Title II, Subtitle B). The revenue is segregated as required by the Passenger Facility Charge Audit Guide for Public Agencies, issued by the Federal Aviation Administration.The objectives of this fund are to: 1. Ensure safety of principal by investing only in high credit quality investments for which a strong secondary market exists; 2. Ensure that anticipated cash flows are matched with adequate investment liquidity; 3. Manage market and credit risk through diversification of investments and the requirement of AAA ratings; and 4. Attain a market yield commensurate with the objectives and restrictions set forth in this Policy and the escrow agreement. D. Law Enforcement Seized Assets Fund Strategy The Law Enforcement Seized Assets Fund is comprised of seized contraband money that, per the Code of Criminal Procedure, Chapter 59, Article 8, may be deposited in an interest- bearing bank account in the jurisdiction of the attorney representing the State until final judgment is rendered concerning the contraband. The objective of this fund is to ensure safety of principal by investing only in a fully FDIC-insured or collateralized interest-bearing depository account of banks in Texas. Since the revenue will only be deposited into this type of investment, there is no liquidity risk, market risk, diversification risk, nor credit risk. Page 12 of 13 se w � 0 NcuRpaR I'- AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting on July 18, 2023 DATE: July 6, 2023 TO: Peter Zanoni, City Manager FROM: Constance P. Sanchez, Chief Financial Officer constancep@cctexas.com (361) 826-3189 Acceptance of Municipal Court Report CAPTION: Motion accepting the report of the City of Corpus Christi's Municipal Court Operations Review and City staff's responses SUMMARY: Included as a FY 2023 budget initiative was a review of the City of Corpus Christi's Municipal Court operations — judicial and administration. The City contracted with a retired municipal court judge to conduct the review. This agenda item is an action to accept the consultant's report as well as to accept City staff's responses to the recommendations made. BACKGROUND AND FINDINGS: The FY 2023 operating budget included funding for a review of the operations of the City of Corpus Christi's Municipal Court. The scope of the review included (but was not limited to) a review of court management and operations, structure, organizational chart, reporting relationships, courtroom technology, performance measurements, court access, staffing levels, scope and duties of administration, and the assistance to the Court as well as to the judges. In January 2023, the City entered into a professional services agreement for consultant services in an amount not to exceed $25,000 with John W. Bull, retired presiding judge from the City of San Antonio. Judge Bull made two on-site visits to the City's Municipal Court in late January and early February 2023 to interview staff, observe operations, and review documents including the organizational chart for Municipal Court, policies and procedures, and Office of Court Administration (OCA) reports. As a result of his review, Judge Bull submitted a draft report for City staff to review. See attached report. City staff including the City Manager, City Attorney, Deputy City Attorney, Chief Financial Officer, and Director of Municipal Court met with the Municipal Court Presiding Judge over a series of several weeks to review and discuss Judge Bull's report. A consensus was reached regarding City's staff's responses to the recommendations in the report, and the responses are attached to this agenda item. Of the 33 recommendations made by Judge Bull, City staff agreed with 26 or 79%. City staff agreed to study two further and did not agree with five. The two that City staff agreed to study further included (1) having a city prosecutor available at the general appearance area and (2) only sending to collections old, adjudicated cases with monies owed pursuant to a judicial order. Three of the five recommendations that City staff disagreed with dealt with changing the organizational structure of Municipal Court; one dealt with scheduling trials in accordance with officer schedules; and one dealt with assigning a clerk to each judge. The report and recommendations were presented to the Municipal Court Committee on June 30, 2023, and were unanimously accepted as presented. ALTERNATIVES: The City Council could disagree with City staff's responses. FISCAL IMPACT: Implementing the recommendations in the Municipal Court report will ultimately increase revenue and reduce expenditures through efficiencies that will be realized in future fiscal years. FUNDING DETAIL: Fund: 1020 — General Fund Organization/Activity: 10440 — Municipal Court Administration Department: Municipal Court RECOMMENDATION: City staff recommends approval of the motion to accept the report of the City of Corpus Christi's Municipal Court Operations Review and City staff's responses. SUPPORTING DOCUMENTS: Municipal Court Report City Staff's Responses to the Municipal Court Report Final Report of Findings re: The Corpus Christi Municipal Court Background I was contacted by the City Manager of the City of Corpus Christi and Presiding Judge of the Corpus Christi Municipal Court and asked to perform an analysis of the Court as it related to: Trial Process,Appellate Process,Case-flow and Calendaring,Court Management and Operations,structure,organizational chart, reporting relationships,Courtroom Technology(Incode/Odyssey), Courthouse and Space Planning,Adjudication,Judicial Ethics, Language Access, Governance structure, Performance Measurement (Judges and Staff), Process Simplification, utilizing technology to increase efficiency,Remote Hearings,Collections,Workloads for Judges and staff, Magistration Operations,Court Access and Fairness,Office of Court Administration Reporting,Traffic/non-traffic class C case flow processes. I also reviewed the following documents in preparation of this report: Monthly Office of Court Administration Reports from January 1,2019 through December 31,2023 Texas Government Code Ch.30 Subsection ZZ Corpus Christi Municipal Court of Record Corpus Christi City Charter Article II Section 26 Corpus Christi City Code Sec.29-1 Corpus Christi Municipal Court Organizational Chart Corpus Christi Municipal Court Annual Budget Corpus Christi Municipal Court Job Descriptions Standard Operating Procedures Corpus Christi Municipal Court(approximately 500): Fine and Court Costs Biannual Review,Jury Services,Training Program, Financial Reports, OCA reports process, OCA Collection Improvement Report, Preparing Omnibase Quarterly Payment, Preparing State Comptroller Quarterly Report, Preparation of Incode Program Security, Incode User Access, Appeals: (14 documents), Refund Policy, Tracking Citations, Citation Books, Updated Violations,Fines and Court Costs Reviews,Arrest Reports,Citation Errors or Missing Data,Citation Numbers,Over Short Acknowledgement, Refund Acknowledgement,Case Resolution Services(13 documents), CCMC Rules of Court, CDC Policies(7 documents), Collections and Compliance (13 documents), Compliance Dismissals, Court Information Services(12 documents), Courtroom Services (18 documents), DPS (5 documents), Emergency Protective Orders, Expunctions (4 documents), Family Violence(20 documents), Payment Card Industry Compliance, Flow Charts:Judicial Magistrates,Animal Control Hearings, Basic Phone Tree, Bench Warrants, CDC Higher Charges, City Ordinance Process, Collections Plan, Community Service, Corporation Violations, Emergency Call Tree, Expunctions, Family Violence Cases, Family Violence Process, Issuing Violation of Promise to Appear,Jail Time Served Request,Judge Orders Def to Pay,Juvenile Now Adult,Mailed-e-mailed Payment Plan Request,Parking Appeals,PP FTC Overview,Pre Trial Webex Hearings,Proposed Bonding out of CDC,Prosecutor Offers,SB-6 Public Safety Report System, Scheduling 14-day FTA Process Overview, Scofflaw, Unadjudicated Cases, VConference, VPTA, Walk-In Payment Plan Requests,Warrant Resolution Month,Warrants Section FTA Process Overview,Webex Hearings Workflow,Court Divisions and External Stakeholders,Ticket Count Verification Process, Employee Hire-Termination Policy,Employee Separation Policy, Incode (7 documents), Instructions: (32 documents), Jail Time Served (4 documents), Amending Complaints, Legal (3 documents), Marshals (6 documents), Mini SOPS (36 documents), Municipal Court Procedures Manual (14 documents), Municipal Court Training Process (5 documents), Omnibase Reporting Procedures, Police Department Building Access, Procedure Information (DSC, Deferred, Providing Legal Advice), Procedures (67 documents), Proposals, Safety (10 documents), Supervisor Implementation Plan, Clerk Training, Employee Training Map, Refund Policy, Federal Poverty Guideline, AD Training Guide, Appeals,Bond Clerk Managing Bonds Training,Bond Refund Process,CMC Quick Reference Sheet Appeals,CCMC Rules,Citation Issued Training Sample, Combining Defendant Names, Community Service, Court B & C Dockets, Court Glossary, Credit Time 1 Served,Customer Service,Deferred and DSC FTC,Determining the Court Aging Period,DSC Temp Policy,Entering a Warning with Other Violation,Incode Training Guide,JCM-Urinalysis Procedure,Mail Out Letter Disregard Notice,Mandatory Defensive Driving On-Line,MIP DL Suspensions,MIP FTC,Motions Chart,New Appeal Handout,Notice to SC FTA,Omnibase Reporting Procedures, Parking Appeals,Phone Quick Reference Guide, Policy Acknowledgement,Processes when Notice Required,Proof for Deceased Defendants,Quality Assurance Review and Stats,Required Standard Operating Procedures,Social Media Policy,Status Codes and Descriptions,Tickets with Multiple Violations,Training and Travel Policy,TX OCA Monthly Report.Disposition Macro Listings FINDINGS AND RECOMMENDATIONS: I held pre-visit conferences with the Presiding Judge and the City Manager and traveled to Corpus Christi between the dates of January 30, 2023 and February 1, 2023 and returned on February 7, 2023 and conducted interviews with key staff and observed court operations. This report will contain only those areas where I found issues. The final findings and recommendations follow: The National Center for State Courts provides 10 criteria for evaluating court performance, I will discuss each, where applicable coupled with my observations and recommendations: PART Court performance metrics The National Center for State Courts provides for a set of 10 balanced and realistic performance measures for Courts: 1) Access and Fairness For my initial visit, prior to a meet and greet, I entered the Court without notifying staff of who I was, I waited in line, outside, until the doors were open and preceded into the court, my first contact was with the security staff who, in addition to doing security checks were reviewing individuals citations and using their radios to communicate with bailiffs in the respective courtrooms where the individual was to go. The citizen was then directed to a kiosk to enter their name and other identifying information. Immediately to the right was a small "reception area" and a recessed area with 5-6 cashier windows. Although fully staffed, during my visit I never saw all stations being utilized at one time. Court A is on the first floor, courts B and C were on the second floor. From a security standpoint, once people pass through security screening they can wander throughout the building unmonitored. There is limited signage directing people. Building Security is a major concern. Security staff should only be focused on building security and monitoring the security station and Court staff should be screening and directing citizens to the appropriate Courtroom. 2 The building floorplan is problematic from an access standpoint and houses both the Police Department and the Court. The likelihood of finding a new location for the Court is not an immediately viable solution. Through the process of working with the City of San Antonio Budget Department's Innovation and Reform office, the San Antonio Municipal Court went through an extensive process of evaluating proper use of space and increasing efficiency. It was determined that over 70% of those appearing at the Court were in/out traffic (non- trial or hearings). The floor plan was redesigned to reflect a process to have citizens with non-contested matters appear in a redesigned space in the front of the building to allow them to be in and out of the Court swiftly and eliminate a large amount of foot traffic throughout the entire building. In reviewing the current floorplan, a general appearance court could be placed in a portion of the recess area where the 5 to 6 cashier stations are located, with a judge present there with a clerk and a separate cashier station. An additional door should be added to the front of the building for egress from the building. Ideally, if staffing permits, a city prosecutor should be available at the general appearance area in person or via video, if, on new violations, people are contesting a violation so they can then speak to the prosecutor. A large portion of cases are currently resolved off of the Pretrial Dockets, this process could occur sooner when the individual first appears. Every time an individual has to come back to the court the time to final resolution is extended. Additionally, opening the Court at 7:30 a.m. for General Appearance could address lines outside the front door. Technology has increased opportunities in relation to remote access to Courts. In 2012 The San Antonio Municipal Court began utilizing an interactive Court Kiosk system, in partnership with Cisco and Tyler Technologies (INCODE), where individuals who were not contesting their tickets could use a Court Kiosk at three HEB stores in different locations throughout the City. The court kiosks allow the individual to contact the court and discuss their violation with a clerk and Judge. HEB did not charge rent for the space or require any type of convenience fee. The Judge enters an order and the individual pays by credit card and the orders are e-mailed to the individual. This allows people to talk to a judge and resolve the violation without physically appearing in court thus making the court more accessible to citizens. The process also allows the Court to provide services on weekends utilizing Part-time judges without the need for cashiers and bailiff's merely a clerk or in some instances just the Judge. In San Antonio the weekend part-time magistrate also handled kiosk calls. In meeting with the City of Corpus IT director this is a process he could easily implement. Increasing the public options for access to the court enhances the Court's ability to resolve cases timely. 3 2) Clearance Rates The linchpin in evaluating court efficiency is "clearance" rates, this means cases closed. Judges should not be evaluated merely on number of cases "touched" but cases closed. Issuing warrants and capias warrants do not close cases, final adjudications do. Reasonable judgements result in compliance and closure. I sat in court while one individual appearing before the Judge had missed her trial date, her explanation was that she had a new job and was unable to make court. The Judge reset the case to a new trial date. The Judge did not inquire as to if the individual still wanted a trial or if they would like to meet with a prosecutor to discuss options. Every effort should be made to resolve cases with minimal appearances and as quickly as possible. I watched as another Judge was trying to work with an individual that owed over $5,000 as a result of numerous fees attached to very old violations. It was unlikely that these cases could ever be resolved with the monies owed and to the Judges credit attempts were being made to remove as many excess fees as possible. Unreasonable orders containing extra fees automatically attached by Administrative Staff and adding additional charges for Violation of Promise to Appear only make cases harder to close and add to the number of open cases reported to OCA monthly. If an individual is requesting a trial, trial dates should be set within a reasonable timeframe. By moving to the General Appearance concept in the front of the building, the 3 additional courtrooms will be available for contested matters, trials and hearings. 3) Time to Disposition Akin to Clearance rates, the time it takes to resolve cases is a clear indication of how a court is performing. I was presented with numerous examples of cases that were in limbo with no disposition or status change. On April 19, 2022, there were 112,255 cases that were located that had no action taken on them dating as far back as 2007. That number was reduced to 104,133 by May 31, 2022. 1,010 cases were found in a General Appearance Docket where no action had been taken to move the cases forward and were simply in limbo. There are too many examples of "lost" cases to include in this report. This is a result of failure to properly research cases and utilize the Court Case Management System. Under the current structure the Director is to: 1. Maintain central docket records for all cases filed in the municipal courts record 2. Maintain an index of municipal court of record judgments in the same manner as a county clerks are required by law to prepare for criminal cases arising in county courts 4 This relates directly to some of the concerns I will discuss relating to effective use and understanding of the functionality of the Tyler/Incode case management system. Additionally, if not already in existence, there should be a permanent process in place to purge cases over 10-15 years old where no substantive action has taken place to close the cases. 4) Age of Active Pending Caseload Several years ago, the Office of Court Administration, OCA, made changes to the reporting requirements for courts indicating an understanding of performance guidelines. Each monthly report begins with the total number of open cases at the Court at the beginning of the month and ends with the total number of open cases at the end of the month. Guidelines should be established to ensure cases are being resolved swiftly. Judges should make every effort to move cases forward, clerks need to properly research and update cases to reflect any action taken or reflect a change of status. In relation to reporting to OCA, I have serious concerns about the accuracy of data being reported. Again, Under the current structure the Director is to: 1. Maintain central docket records for all cases filed in the municipal courts record 2. Maintain an index of municipal court of record judgments in the same manner as a county clerks are required by law to prepare for criminal cases arising in county courts 5) Trial Date Certainty When individuals wish to exercise their constitutional right to contest a violation they should have their opportunity to a trial within a reasonable time frame, with limited resets, once again recognizing multiple appearances delays final resolution. 6) Reliability and Integrity of Case Files A further discussion on Tyler/Incode will be included below but maintaining accurate data is key to a high functioning court. In keeping with the Director's duties outlined in Numbers 3) and 4) above, I was presented with numerous examples of cases "lost" in the system. There should be a daily/weekly/monthly report created using status codes to capture cases that have been overlooked. I was presented with a number of examples of thousands of cases that had been lying dormant with no action. As mentioned, losing cases in the system goes directly to the reliability and integrity of case files as well as accurate reporting of Court Data to the Office of Court 5 Administration. Case Management software is merely an electronic version of a paper filing system. Terms used in relation to the case management system such as "macros" and "queues" relate to "court actions" and "court dockets" respectively. The current problem is tantamount to a court working under a traditional paper, not electronic, system where court documents are being misfiled or paper files are lost or unaccounted for. 7) Ensuring Fairness in Legal Financial Obligations, Management of Legal Financial Obligations Fair Practices for Legal Financial Obligations Judges assess fees once a case is adjudicated. In reviewing the current collections plan at the Court, there are some process which could be perceived as lacking fundamental fairness as relates to the presumption of innocence. Particularly referral of cases to an outside collection agency within 60 days of the individual's failure to appear defeats the constitutional provision of innocent until proven guilty. Fine amounts are determined by the Judge or Jury. The recommended "window fine" for individuals who do not wish to appear and just want to resolve their violation is simply that, a recommendation, the total amount assessed is done through a court order. For a collection agency to be referred a case that has not had fines assessed in an order and then assess an additional 30% on money not yet owed is not a fair process. As relates to payment plans on existing amounts ordered paid by a judge, there appears to be good process in place to determine individual's ability to pay. Due to the assessment of additional fees, collection company 30%, Scofflaw $20, Omnibase $30, $50 warrant fees, $35 Marshal summons fee,one violation with a recommended fine and court costs of $200 becomes almost $400 forcing the Judges to "waive" added fees to enable the citizen to resolve the outstanding violation. Fees, cost and fines should be assessed by judges, not added on by administrative staff through automated processes requiring the Judge to waive fees and costs. To the best of my knowledge the Presiding Judge has not been involved in the decisions made to add these additional fees or contract with outside agencies. 8) Effective use of Jurors All jury trials are set on Friday, this appears to be an effective use of Jurors, summoning them only one day a week. As relates to trial settings a process should be looked at to schedule trials in accordance with officer schedules. 6 9) Court Employee Satisfaction If not already doing so, the Court should work with the HR department to create employee satisfaction surveys annually. 10) Cost Per Case Gauging efficiency through examining how courts can best use their personnel, procedures, and technology to achieve desired outcomes such as access, fairness and timeliness is a sound practice. In reviewing the Municipal Court Budget and organizational chart there appear to be some positions that play a minimal role in resolving cases,the primary purpose of the Court. The City Marshal Budget line item totals $687,822. When asked for performance measures, I was told by the Director that the only "performance measures" were to increase arrests and contacts by 15%. I was not given any clear indication as to how this in any way contributed to resolution of cases in such a way to justify this section of the Court. They do add an additional fee of $35 for the Marshal Unit"issuing summons" on Violation of Promise to Appear. Summons can be issued by Clerks. In some instances the marshals utilize door hangers additionally it was mentioned that they have on occasion appeared at individual's homes giving them the option of being handcuffed and taken downtown or paying the ticket on- line,this would appear to be coercive. A lack of performance measures leads to a lack of accountability. In my review it was unclear as to how many warrants the marshal unit actually clears. In fact, only Judges can "clear" warrants. I am unaware of any specific training that the Director has in overseeing peace officers which could be problematic from a liability standpoint. I see no value to the Court from this almost $700,000 budget line item. Both the cost of this line item and potential liability far exceed any perceived value to the Court in achieving performance metrics. Staff mentioned that the text messages received through Incode beginning sometime after April 2022, appears to have a positive effect on getting people to appear on cases. This is a prime example of technology improving systems and efficiency. Although the text option through INCODE has been available for a very long time it was not utilized by the Court until after April of 2022. Technological advances can assist in better allocation of staff time. Marshals driving to people's homes utilizing door hangers is not an effective use of personnel if notices can be sent automatically via text using available technology. 7 As mentioned earlier, implementation of a Court Kiosk system or a derivative of that concept allows for the processing of cases with a clerk and a Judge or just a judge and creates a virtual court setting or satellite Court without the need for bailiffs or cashiers. Another major area of concern in this area is the operational and budgetary responsibility of the Court for the City Detention Facility. Detention facilities are more properly an executive (enforcement) branch responsibility most commonly operated by a police department or other enforcement agency. I was extremely impressed with the operations of the facility and the Detention Center Manager though not so much with the appearance of the physical building. Although the volume is substantially less than the San Antonio Detention Center, the CDC in Corpus is very proactive in limiting the City's liability by ensuring individuals are in the facility no longer than 4 hours, as opposed to 8-12 hours in San Antonio. Additionally CDC employees multi-task by putting the files together for judicial review and do not accept individuals into the facility until Law Enforcement Personnel have completed all reports and booking information. Regardless, to the best of my knowledge, the current Director, who oversees this operation has no training in jail management which should be of concern from a liability standpoint. PART II (1) The Existing Organizational Structure Infringes on the Constitutional Concept of the Judiciary as an Independent Branch of Government. The Texas State Constitution, Article 2, Section 1, creates three separate departments of government, Legislative, Executive and Judicial branches. It further provides that "no...department shall exercise any power properly attached to either of the others..." Further, Thompson vs. City of Austin, 979 S.W. 2d 676 (Tex. App. 1998), determined that the separation of powers doctrine applies to Municipal Courts. "Article II of the Texas Constitution divides the sovereign functions of government, creating a legislative branch, an executive branch and a judicial branch, each with its own exclusive powers. The judiciary has been privileged with a sacred independence necessary to maintain impartiality required to determine the law." (a) For years, the appointment of administrative staff for the court has been made under the appointing authority of the executive branch of government, with the Court "Director" being appointed and having a direct reporting relationship with an assistant city manager. The Court Director, not the Presiding Judge, who is a direct 8 appointee of the City Council, has been viewed as a Department Head in the Corpus Christi organizational chart and currently has no direct reporting relationship to the Presiding Judge of the Court. This has led to several instances of policies and procedures being implemented, without communication or consultation with the judiciary, that have resulted in an infringement on the judicial branch's ability to maintain its independence. I was shocked to learn that the Presiding Judge was not given full access to the Incode operating system and often has to ask for permission to review court cases. This is inappropriate. Checks and balances provides that the City Council, through its appointment power, selects the Presiding Judge to a term of office. The Corpus Christi Judges are required to be attorneys and are required to complete mandatory Judicial Education annually. The Canons of Judicial Conduct provide: Canon 1: Upholdingthe Integrityand Independence of Judiciary,"An independent and honorable judiciary is indispensable to justice in our society. A judge should participate in establishing, maintaining and enforcing high standards of conduct, and should personally observe those standards so that the integrity and independence of the judiciary is preserved. The provisions of this Code are to be construed and applied to further that objective. Further Canon 3 C. provides that "A Judge should require staff, court officials and others subject to the judge's direction and control to observe the standards of fidelity and diligence that apply to the judge..." and "A Judge with supervisory authority for the judicial performance of other judges should take reasonable measures to assure the prompt disposition of matters before them and the proper performance of their official duties. Violations of the Canons of Judicial Conduct can result in removal from office. Actions by Administrative Support Staff can impact a Judge. The Presiding Judge, who is appointed by the Mayor and Council, should be recognized as the organizational head of the Court, with the Presiding Judge providing the "work rules for the administration of the court" and all administrative positions reporting to the Presiding Judge for direction in Court Operations. The Court and the City of Corpus Christi would be better served by having one budget, Municipal Court, as opposed to two separate budgets, Judicial and Administrative, with the Presiding Judge Administering the budget under the standard City Budget process overseen by the City Manager and City Council. The Presiding Judge should provide the evaluation of the Clerk. 9 Further, Courts only function with Judges, virtually every action at the Court is a direct result of a Judicial order. Administrative support staff, provide clerical functions to further the actions of the judiciary. The law recognizes the position of Clerk of the Court, but there is no traditionally, legally recognized position of "Director of the Court". Currently, the Director acts as the Department head and the Presiding Judge has little, if any, input into the day to day operations of the Court, overseeing the processing of cases and directing work flow relative to the Court's case management system. One simple change to the City Code Section 29 relating to the operation of Municipal Court would entail including the following language in reference to the duties of the Presiding Judge. "The Presiding Judge shall be the operational head of the Municipal Court and shall establish work rules forthe administration of the Court."The Presiding Judge should then prepare a policies/procedures manual encompassing all of the business processes of the Court. (2) There is a Need to Enhance the Level of Professionalism for all Employees of the Court (1) As discussed, the "Director" is also the de-facto clerk, there appears to be both a Deputy Director and Chief Deputy Court Clerk which appear to be redundant positions. The position of Director should be retitled to Clerk of the Court. The position of Deputy Director should be reclassified to Court Administrator who works under the direction of the Presiding Judge ensuring that Court Operations are running smoothly throughout the day. I will provide a job description for Court Administrator. (2) Mandatory training, (including customer service, ethics and court specific classes) should be implemented. A designated court employee should also perform the role of training officer. Clerks appear to be trained only in the use of macros as opposed to understanding the fundamental processes relating to Court operations. Understanding why things are done a certain way to comply with legal mandates should replace understanding what macro should be used. This is also applicable to accurately reporting data to OCA. Too much dependence on the case management system is problematic if that system crashes. San Antonio always had a manual back up system which required staff to understand all of the Court processes and procedures should technology fail. Further, all clerks must understand the legal ramifications for failing to properly update cases in the case management system. 10 (3) Equalization of employee job titles, grade levels and compensation for those with similarjob responsibilities. Rather than designating clerks as 11, III, and IV all clerks should be cross trained in all clerical functions related to work within the courtroom, data entry, research, cash handling, etc. (4) Communication issues are a significant detriment to effective operation of the court. The lack of regular communication between the judiciary and administrative support staff contributes to a dysfunctional organization. Requiring Judges to request access to their documents is not appropriate. A reorganization of the Court, as recommended earlier, should also include the Presiding Judge establishing a Court Management Team, meeting on a regular basis to discuss key issues facing the Court. All position titles at the court should relate to court specific functions. In reviewing approximately 500 SOPS, this Management Team should begin reviewing SOPS, utilizing only those currently necessary for day to day Court operations. (5) The Court needs to acquire staff that are proficient in Tyler/Incode as it relates to Court operations. When the City of San Antonio implemented Incode, as Presiding Judge, I assembled a team consisting of an Associate Judge, 3 frontline clerks, and myself to work on the business plan for customizing the out of the box Incode application to reflect the San Antonio Municipal Court's business plan. A prosecutor was later included and it was determined that Officer dash cam video and body cam video could be uploaded into Incode. This assists in resolving contested cases when the prosecutor is able to show the defendant footage from the stop. (6) Senior administrative staff do not appear to have a full understanding of the functionality of the current case management system as it relates to accepted Court Operations practices. All staff will need to be retrained, the number of automated processes, or macros, needs to be decreased. A discussion arose about the possibility of issuing a new RFP for a case management system. Incode is moving to version 10. The better practice would be to fully understand the current system. Court case management systems are not one size fits all. Tyler/Incode, at its inception was geared towards Texas Municipal Courts operations and practices but the Court can customize the system to meet its business needs. (7) 1 did not see a position in the organizational chart for a Court Accountant. I will provide a job description for Court Accountant. 11 (8) The Juvenile Case Managers currently receive direction from the Chief Deputy Court Clerk. These two positions should only work under the direction of the Presiding Judge. Though extremely enthusiastic they appear to be grossly under utilized at the Court. One inquired about wanting to establish a Teen Court in accordance with Art. 45.052 Texas Code of Criminal Procedure. The JCMs should be trained and provide in-house programs at no cost to the Juveniles and their families. Almost all Juvenile programming at the San Antonio Municipal Court was provided by the JCMs. Article 45.056 Texas Code of Criminal Procedure provides that the Juvenile Case Managers shall, "assist the court in administering the court's juvenile docket and in supervising the Court's juvenile cases", which indicates that this position should not be receiving direction from a Chief Deputy Court Clerk, but from the Presiding Judge. (9) Performance measures for judges should be based upon the performance criteria I outlined earlier, particularly clearance rates and time of disposition. Rotating schedules with different judges taking different actions on cases makes it harder to track performance. Once a Judge "touches" a case it should remain with that Judge to better gauge how each Judge is handling their cases. Each Judge should have their own Show Cause dockets to track compliance on orders and trial cases should remain with one Judge. All Judges should be made aware of the performance criteria relating to clearance rates and time of disposition. (10) The Presiding Judge should be placed upon a staggered term from the associate judges to allow a process for meaningful evaluations during reappointment. (11) The Court Clerk's salary should not be higher than the Presiding Judge's salary. The Judges are licensed attorneys the Court Clerk is not. (12) Judges' terms of office should be moved to a term that does not intersect with City elections, to allow the Mayor and City Council to have time to familiarize themselves with Court operations when considering reappointments. (13) A clear evaluation process should be established relating to the Clerk of the Municipal Court, with the Presiding Judge providing the evaluation and providing this to the City Manager. The evaluation should include Court specific criteria as opposed to standard "Department Director" criteria. For example how is the Clerk performing in regards to: 1. Maintaining a central docket records for all cases filed in the municipal courts record 12 2. Maintaining an index of municipal court of record judgments in the same manner as a county clerks are required by law to prepare for criminal cases arising in county courts 3. Knowledge of legal provisions related to the operations of a Municipal Court 4. Knowledge of the Case Management System Technology Issues in the Court Must be Addressed Tyler Technologies/Incode: The Court uses Tyler Technologies Incode as its case management system. There is currently no defined change management process in place for the Court. IT priorities are established by the Court Director, with minimal input from the Presiding Judge. A change order process should be established that allows for input on the submittal and prioritization for these requests. There should be regular meetings of the Court Management Team to direct this process. The Presiding Judge should make the final decision regarding Court IT priorities. Incode is being under-utilized in some areas and overutilized in others. As mentioned, I have serious concerns regarding the accurate reporting of data to OCA. In addition to "lost" cases or cases in limbo, I was advised that credit for time served on violations was being reported in the community service ordered category, data is not properly captured and accurately reported. OCA also requires reporting conditions of release of bond,which Municipal Judges order fairly consistently. The report shows 0. The entire process needs to be reevaluated. Using the zero-based budget concept, the Presiding Judge should establish the business processes of the court and only have macros, court actions, that reflect those processes and to ensure prompt location and reporting of relevant data. A clerk or clerks should be assigned to each judge to research their cases and ensure proper placement on dockets (queues) for judicial action. Reports should be run daily or weekly utilizing only status codes. At any given time, it should be a simple task to run reports on number of cases, types of cases, cases by Judge, cases by Judicial action, case status,clerk activity, etc. In meeting with the IT director for the City of Corpus Christi, it appears there is a level of frustration in requiring IT personnel to contact Tyler/Incode regarding problems with the system which are, in fact, user errors resulting from a lack of fundamental understanding of the operating system as applied to court processes. If the decision were made to issue a new RFP for a Court Operating System or moving forward with Incode version 10, it would be a perfect opportunity to reevaluate business processes. Non-Compliance, Collections 13 In reviewing the current non-compliance process at the court, I found the process to be overly cumbersome and not cost-effective. Cases fall into two categories, unadjudicated and adjudicated. Unadjudicated cases relate to violations pending at the court where the individual cited has not pled guilty or no contest and the individual has failed to appear to resolve their case. Adjudicated cases are cases where the individual has been found liable and is required to resolve the court's order,through fines, costs, community service and/or other requirements. Currently, on unadjudicated cases, if the individual has not appeared in court within 14 days of the date of citation, the case is referred to the Marshal Unit which then files a new charge of Violation of Promise to Appear, a promise which was made when they signed the citation. Following that, if the individual still does not resolve the issue, a warrant issues, a $50 warrant fee is added and the case is referred to private collections, omnibase and the Scofflaw program, all resulting in added fees making cases harder to resolve. How can an individual be referred to a collection agency on a case they have not entered a plea on and no money has been ordered paid by a judge? There is still a presumption of innocence. I was also surprised to learn that during COVID, in lieu of warrants, cases were automatically referred to private collections. I specifically asked the Director what he understood the $50 warrant fee to be, his initial reply was that it was an additional fee for failure to appear assessed by the Judge. When I sought clarification it became clear that there was an automated process that attached the fee upon issuing the warrant, the Judge does not assess that fee. A $50 warrant fee should be assessed after the warrant has been processed by an outside agency (not City of Corpus) requesting to be reimbursed for processing the Municipalities warrant through arrest and transport. As mentioned earlier, only Judges can assess fees. The San Antonio Municipal Court negotiated with Omnibase to enhance the process to seek compliance. Under the Omnibase program, the case is referred to Omnibase at or around the same period of time the Corpus Court files a Violation of Promise to Appear. Omnibase locates the individual and sends a notice that they have failed to appear and they will not be able to renew their license until they have appeared in court and resolved their violation. The fee for this service attached to the violation is $30, with the municipality keeping$4. Why this is effective is that an outside agency is bearing the cost of locating the individual and mailing them a letter saving the court the cost and time of mailing a notice. If the case is subsequently resolved the $30 fee is nominal, there is no new charge filed, no warrant and warrant fee and no collection fees attached. Only after Omnibase has been ineffective in getting them to appear do you move to the next step of Violation of Promise to Appear charge and/or warrant. The San Antonio Municipal Court did not pursue Violation of Promise to Appear charges, it added more cases into the system that added to the totals reported as open cases to OCA and made resolution more difficult. Only old adjudicated cases with monies owed pursuant to a judicial order 14 should be referred to collection and this should only be done when all avenues have been exhausted. While this report has stressed problem areas identified in my Court analysis, it is important to stress that these problems are common and, in some instances, worse in larger Courts throughout the state,the higher the volume of cases amplifies the problems. The Court is headed in the right direction under Judge Chapa's leadership. Based upon the decision by the City Manager and Presiding Judge, both direct appointees of the Mayor and City Council, to request an outside consultant, I am certain the Court will continue to improve. The San Antonio Municipal Court was successful as a result of the City Manager and Presiding Judge working together in the areas of commonality, budget, HR, etc. with a common goal of providing the best services to the Citizens of the City of San Antonio. 15 Recommendations from City Staff regarding Judge Bull Report on the Corpus Christi Municipal Court(in blue) Recommendations from Judge Bull Report on the Corpus Christi Municipal Court(in black) City Staff Recommendations&Explanations transferred from Report: Those we recommend to do Those we will continue to review and conduct further study Those we will not do Response City Staff Explanation Judge Bull Recommendations transferred from Report) Do Agreed 1. Security staff should only be focused on building security and monitoring the security station and Court staff should be screening and directing citizens to the appropriate Courtroom. Do Resolved in slightly different form. Courtroom 2.A general appearance court could be placed in a portion of A is immediately adjacent to check-in area and the recess area where the 5 to 6 cashier stations are located, adjacent to windows. with a judge present there with a clerk and a separate cashier station. Do Agreed 4.Every effort should be made to resolve cases with minimal appearances and as quickly as possible. Do Resolved with dismissal of pre-Sept-2014 cases 5.If not already in existence,there should be a permanent &order automatically dismissing future cases at process in place to purge cases over 10-15 years old where no 15 years. substantive action has taken place to close the cases. Do Resolved with increased collaboration between 6.Judges should make every effort to move cases forward, clerks/judges clerks need to properly research and update cases to reflect any action taken or reflect a change of status. Do Agreed–Some cases without continuances are 7.When individuals wish to exercise their constitutional right being jury-trialed within one month of citation to contest a violation,they should have their opportunity to a trial within a reasonable time frame,with limited resets,once again recognizing multiple appearances delays final resolution. Do Agreed.Reports uncovered hidden pockets of 8.There should be a daily/weekly/monthly report created using cases&will continue. status codes to capture cases that have been overlooked. Do Agreed that we are achieving this in principle. 9.Fees,cost,and fines should be assessed by judges,not added We achieve productivity&consistency with on by administrative staff through automated processes automated processes;however,judge has requiring the Judge to waive fees and costs. authority over critical decisions at time of initiating an automated process. 11.Marshall Unit.There should be a re-evaluation of the Do Agreed budget line item.I see no value to the Court from this almost $700,000 budget line item.Both the cost of this line item and potential liability far exceed any perceived value to the Court in achieving performance metrics.. . .Marshals driving to people's homes utilizing door hangers is not an effective use of personnel Do Agreed. The Presiding Judge will provide 13.The Presiding Judge should provide the evaluation of the evaluation to the CFO. Clerk. Do Agreed—Judge should see Admin SOP's& 14.The Presiding Judge should prepare a policies/procedures have input into preparation. SOP's that affect manual encompassing all of the business processes of the judicial processes should be OK'd by Judge. Court. Do Agreed 15.Mandatory training,(including customer service,ethics, and court specific classes)should be implemented. A designated court employee should also perform the role of training officer. q C:\Users\ufc-prod\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@940781BD\@BCL@940781BD.docx 9 Response City Staff Explanation Judge Bull Recommendations transferred from Report) Do Agreed as a goal.Unrealistic as a hiring 18.The Court should acquire staff that are proficient in expectation.In-house training needs to be Tyler/Incode as it relates to Court operations. intensified."Court experience"hiring criteria incentivizes Incode experience. Do Agreed.We need to further engage a process to 19.The number of automated processes,or macros,should be list,describe,and map effects of existing decreased. macros.Judge should be involved in macro creation and maintenance to ensure judicial control of all judicial decisions. Do Agreed. JCM's should be reviewed. Additional 20.The Juvenile Case Managers(JCMs)should be trained and duties being considered. provide in-house programs at no cost to the Juveniles and their families. Do Disagree because Judge Chapa's statistical 21.Performance measures for judges should be based upon the analysis is more appropriate for unified docket performance criteria I outlined earlier,particularly clearance and has been successfully used in Judicial rates and time of disposition. evaluations Do 22.All Judges should be made aware of the performance See above successful statistical analysis from criteria relating to clearance rates and time of disposition. Judge Chapa. Do 23.The Presiding Judge should be placed upon a staggered Agreed.Will require reappointment of Chief term from the associate judges to allow a process for Judge in one year. meaningful evaluations during reappointment. Do 24. The Court Clerk's salary should not be higher than the Completed by City Council. Presiding Judge's salary. Do 25. Judges'terms of office should be moved to a term that does Completed by City Council. not intersect with City elections,to allow the Mayor and City Council to have time to familiarize themselves with Court operations when considering reappointments. Do 26.A clear evaluation process should be established relating to In process.Evaluation will be provided to the Clerk of the Municipal Court,with the Presiding Judge Municipal Court Director's supervisor,who providing the evaluation and providing this to the City will consider input in evaluation of Manager. The evaluation should include Court specific criteria Administrator. Court-specific criteria will be in as opposed to standard"Department Director"criteria. For addition to Department Director criteria. example,how is the Clerk performing in regards to: 1 Maintaining a central docket records for all cases filed in the municipal courts record / Maintaining an index of municipal court of record judgments in the same manner as county clerks are required by law to prepare for criminal cases arising in county courts / Knowledge of legal provisions related to the operations of a Municipal Court / Knowledge of the Case Management System Do Agreed 27.Tyler Technologies Incode Case Management System.A change order process should be established that allows for input on the submittal and prioritization for these requests. Do Agreed 28.Tyler Technologies Incode Case Management System. There should be regular meetings of the Court Management Team to direct this(Change Order)process. f C:\Users\ufc-prod\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@940781BD\@BCL@940781BD.docx 7 Response City Staff Explanation Judge Bull Recommendations transferred from Report) Agreed in most cases.We focus on what is best 29.The Presiding Judge should make the final decision Do for Court system.Presiding Judge is heavily regarding Court IT priorities. involved in software selection&management. However,software acquisition and management involves budgeting,IT,Purchasing,and court admin as well. Do Agreed 30.The whole process of accurate reporting of data to the Office of Court Administration(OCA)should be reevaluated. Do Agreed 32.Reports should be run daily or weekly utilizing only status codes. Study Not practical to staff initial appearance docket 3.Ideally,if staffing permits,a city prosecutor should be Further with prosecutors.Insufficient volume to keep available at the general appearance area in person or via video prosecutors busy.However,prosecutors can be if,on new violations,people are contesting a violation so they available via appointment or direct visit. can then speak to the prosecutor. Study Agreed in part.We have moved forwarding 33.Only old,adjudicated cases with monies owed pursuant to Further time for unadjudicated cases from 3 months a judicial order should be referred to collection and this should after warrant to 6 to 9 months after warrant to only be done when all avenues have been exhausted. enhance opportunity for defendants to pay without additional collection fee.We are evaluating Linebarger's collections effectiveness. 10.As relates to trial settings a process should be looked at to Not Do Impractical with our limited trial volume. schedule trials in accordance with officer schedules. Not Do Changes outside of statute could be achieved 12.The Presiding Judge,who is appointed by the Mayor and cooperatively via delegation.Permanent Council,should be recognized as the organizational head of the authority changes would require change to Tex Court,with the Presiding Judge providing the"work rules for Gov't Code. 30.01903,which currently states: the administration of the court"and all administrative positions (a) The city manager shall appoint a municipal reporting to the Presiding Judge for direction in Court court director to serve as the clerk of the Operations. municipal courts of record.. . (c) The municipal court director may hire, direct,and remove the personnel authorized in the city's annual budget for the clerk's office. Not Do Changes outside of statute could be achieved 16.The position of Director should be retitled to Clerk of the cooperatively via delegation. Permanent Court. The position of Deputy Director should be reclassified authority changes would require change to Tex to Court Administrator who works under the direction of the Gov't Code. 30.01903 Presiding Judge ensuring that Court Operations are running smoothly throughout the day. Not Do Partly agreed.We are achieving similar 17.A reorganization of the Court,as recommended earlier, objectives via efficiency meetings. should also include the Presiding Judge establishing a Court Management Team,meeting on a regular basis to discuss key issues facing the Court.All position titles at the court should relate to court specific functions. Not Do Disagree.We have a unified docket. 31.A clerk or clerks should be assigned to each judge to research their cases and ensure proper placement on dockets (queues)for judicial action. C:\Users\ufc-prod\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@940781BD\@BCL@940781BD.docx 3 Judge Bull Report on the Corpus Christi Municipal Court Background I was contacted by the City Manager of the City of Corpus Christi and Presiding Judge of the Corpus Christi Municipal Court and asked to perform an analysis of the Court as it related to: Trial Process, Appellate Process, Case-flow and Calendaring, Court Management and Operations, structure, organizational chart, reporting relationships, Courtroom Technology (Incode/Odyssey), Courthouse and Space Planning, Adjudication, Judicial Ethics, Language Access,Governance structure,Performance Measurement(Judges and Staff),Process Simplification,utilizing technology to increase efficiency,Remote Hearings,Collections,Workloads for Judges and staff,Magistration Operations,Court Access and Fairness, Office of Court Administration Reporting,Traffic/non-traffic class C case flow processes. I also reviewed the following documents in preparation of this report: Monthly Office of Court Administration Reports from January 1,2019 through December 31,2023 Texas Government Code Ch. 30 Subsection ZZ Corpus Christi Municipal Court of Record Corpus Christi City Charter Article II Section 26 Corpus Christi City Code Sec. 29-1 Corpus Christi Municipal Court Organizational Chart Corpus Christi Municipal Court Annual Budget Corpus Christi Municipal Court Job Descriptions Standard Operating Procedures Corpus Christi Municipal Court(approximately 500): Fine and Court Costs Biannual Review, Jury Services, Training Program, Financial Reports, OCA reports process, OCA Collection Improvement Report, Preparing Omnibase Quarterly Payment, Preparing State Comptroller Quarterly Report, Preparation of Incode Program Security, Incode User Access, Appeals: (14 documents), Refund Policy, Tracking Citations, Citation Books, Updated Violations, Fines and Court Costs Reviews, Arrest Reports, Citation Errors or Missing Data, Citation Numbers, Over Short Acknowledgement, Refund Acknowledgement, Case Resolution Services (13 documents), CCMC Rules of Court, CDC Policies (7 documents), Collections and Compliance (13 documents), Compliance Dismissals, Court Information Services (12 documents), Courtroom Services(18 documents),DPS(5 documents),Emergency Protective Orders,Expunction(4 documents),Family Violence (20 documents),Payment Card Industry Compliance,Flow Charts: Judicial Magistrates, Animal Control Hearings,Basic Phone Tree, Bench Warrants, CDC Higher Charges, City Ordinance Process, Collections Plan, Community Service, Corporation Violations, Emergency Call Tree, Expunction, Family Violence Cases, Family Violence Process, Issuing Violation of Promise to Appear, Jail Time Served Request, Judge Orders Def to Pay, Juvenile Now Adult, Mailed-e-mailed Payment Plan Request, Parking Appeals, PP FTC Overview, Pre Trial Webex Hearings, Proposed Bonding out of CDC, Prosecutor Offers, SB-6 Public Safety Report System, Scheduling 14-day FTA Process Overview, Scofflaw, Unadjudicated Cases, VConference, VPTA, Walk-In Payment Plan Requests, Warrant Resolution Month, Warrants Section FTA Process Overview, Webex Hearings Workflow, Court Divisions and External Stakeholders, Ticket Count Verification Process, Employee Hire-Termination Policy, Employee Separation Policy, Incode (7 documents),Instructions: (32 documents),Jail Time Served(4 documents),Amending Complaints,Legal(3 documents),Marshals (6 documents), Mini SOPS (36 documents), Municipal Court Procedures Manual(14 documents), Municipal Court Training Process (5 documents),Omnibase Reporting Procedures,Police Department Building Access,Procedure Information(DSC, Deferred,Providing Legal Advice), Procedures (67 documents), Proposals, Safety (10 documents), Supervisor Implementation Plan, Clerk Training, Employee Training Map, Refund Policy, Federal Poverty Guideline, AD Training Guide, Appeals, Bond Clerk Managing Bonds Training, Bond Refund Process, CMC Quick Reference Sheet Appeals, CCMC Rules, Citation Issued Training Sample, Combining Defendant Names, Community Service, Court B &C Dockets, Court Glossary, Credit Time Served, Customer Service, Deferred and DSC FTC,Determining the Court Aging Period,DSC Temp Policy,Entering a Warning with Other Violation,Incode Training Guide, JCM-Urinalysis Procedure,Mail Out Letter Disregard Notice,Mandatory Defensive Driving On-Line,MIP DL Suspensions,MIP FTC, Motion Chart,New Appeal Handout,Notice to SC FTA, Omnibase Reporting Procedures,Parking Appeals,Phone Quick Reference Guide, Policy Acknowledgement, Processes when Notice Required, Proof for Deceased Defendants, Quality Assurance Review and Stats,Required Standard Operating Procedures,Social Media Policy,Status Codes and Descriptions,Tickets with Multiple Violation, Training and Travel Policy,TX OCA Monthly Report.Disposition Macro Listings C:\Users\ufc-prod\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@940781BD\@BCL@940781BD.docx 4 FINDINGS AND RECOMMENDATIONS: I held pre-visit conferences with the Presiding Judge and the City Manager and traveled to Corpus Christi between the dates of January 30,2023 and February 1,2023 and returned on February 7,2023 and conducted interviews with key staff and observed court operations. This report will contain only those areas where I found issues. The final findings and recommendations follow: The National Center for State Courts provides 10 criteria for evaluating court performance,I will discuss each,where applicable coupled with my observations and recommendations: PART Court performance metrics The National Center for State Courts provides for a set of 10 balanced and realistic performance measures for Courts: 1) Access and Fairness For my initial visit,prior to a meet and greet,I entered the Court without notifying staff of who I was, I waited in line, outside,until the doors were open and preceded into the court,my first contact was with the security staff who,in addition to doing security checks were reviewing individuals citations and using their radios to communicate with bailiffs in the respective courtrooms where the individual was to go. The citizen was then directed to a kiosk to enter their name and other identifying information. Immediately to the right was a small"reception area"and a recessed area with 5-6 cashier windows. Although fully staffed,during my visit I never saw all stations being utilized at one time. Court A is on the first floor,courts B and C were on the second floor. From a security standpoint,once people pass through security screening they can wander throughout the building unmonitored. There is limited signage directing people. Building Security is a major concern. Security staff should only be focused on building security and monitoring the security station and Court staff should be screening and directing citizens to the appropriate Courtroom. The building floorplan is problematic from an access standpoint and houses both the Police Department and the Court. The likelihood of finding a new location for the Court is not an immediately viable solution. Through the process of working with the City of San Antonio Budget Department's Innovation and Reform office,the San Antonio Municipal Court went through an extensive process of evaluating proper use of space and increasing efficiency. It was determined that over 70%of those appearing at the Court were in/out traffic(non-trial or hearings). The floor plan was redesigned to reflect a process to have citizens with non-contested matters appear in a redesigned space in the front of the building to allow them to be in and out of the Court swiftly and eliminate a large amount of foot traffic throughout the entire building. In reviewing the current floorplan, a general appearance court could be placed in a portion of the recess area where the 5 to 6 cashier stations are located,with a judge present therewith a clerk and a separate cashier station. An additional door should be added to the front of the building for egress from the building. Ideally, if staffing permits, a city prosecutor should be available at the general appearance area in person or via video, if, on new violations, people are contesting a violation so they can then speak to the prosecutor. A large portion of cases are currently resolved off of the Pretrial Dockets,this process could occur sooner when the individual first appears. Every time an individual has to come back to the court the time to final resolution is extended. Additionally, opening the Court at 7:30 a.m. for General Appearance could address lines outside the front door. Technology has increased opportunities in relation to remote access to Courts. In 2012 The San Antonio Municipal Court began utilizing an interactive Court Kiosk system, in partnership with Cisco and Tyler Technologies(INCODE), where individuals who were not contesting their tickets could use a Court Kiosk at three HEB stores in different locations throughout the City. The court kiosks allow the individual to contact the court and discuss their violation with a clerk and Judge. HEB did not charge rent for the space or require any type of convenience fee. The Judge enters an order and the individual pays by credit card and the orders are e-mailed to the individual. This allows people to talk to a judge and resolve the violation without physically appearing in court thus making the court more accessible to citizens. The process also allows the Court to provide services on weekends utilizing Part-time judges without the need for cashiers and bailiff's merely a clerk or in some instances just the Judge. In San Antonio the weekend part-time magistrate also handled kiosk calls. In meeting with the City of Corpus IT director this is a process he could easily implement. Increasing the public options for access to the court enhances the Court's ability to resolve cases timely. 2) Clearance Rates The linchpin in evaluating court efficiency is"clearance"rates,this means cases closed. Judges should not be evaluated merely on number of cases "touched" but cases closed. Issuing warrants and capias warrants do not close cases, final adjudications do. Reasonable judgements result in compliance and closure. I sat in court while one individual appearing C:\Users\ufc-prod\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@940781BD\@BCL@940781BD.docx 5 before the Judge had missed her trial date,her explanation was that she had anew job and was unable to make court. The Judge reset the case to a new trial date. The Judge did not inquire as to if the individual still wanted a trial or if they would like to meet with a prosecutor to discuss options. Every effort should be made to resolve cases with minimal appearances and as quickly as possible. I watched as another Judge was trying to work with an individual that owed over$5,000 as a result of numerous fees attached to very old violations. It was unlikely that these cases could ever be resolved with the monies owed and to the Judges credit attempts were being made to remove as many excess fees as possible.Unreasonable orders containing extra fees automatically attached by Administrative Staff and adding additional charges for Violation of Promise to Appear only make cases harder to close and add to the number of open cases reported to OCA monthly. If an individual is requesting a trial,trial dates should be set within a reasonable timeframe. By moving to the General Appearance concept in the front of the building,the 3 additional courtrooms will be available for contested matters,trials and hearings. 3) Time to Disposition Akin to Clearance rates,the time it takes to resolve cases is a clear indication of how a court is performing.I was presented with numerous examples of cases that were in limbo with no disposition or status change. On April 19,2022,there were 112,255 cases that were located that had no action taken on them dating as far back as 2007. That number was reduced to 104,133 by May 31, 2022. 1,010 cases were found in a General Appearance Docket where no action had been taken to move the cases forward and were simply in limbo. There are too many examples of"lost" cases to include in this report. This is a result of failure to properly research cases and utilize the Court Case Management System. Under the current structure the Director is to: Maintain central docket records for all cases filed in the municipal courts record 1. Maintain an index of municipal court of record judgments in the same manner as a county clerks are required bylaw to prepare for criminal cases arising in county courts This relates directly to some of the concerns I will discuss relating to effective use and understanding of the functionality of the Tyler/Incode case management system. Additionally,if not already in existence,there should be a permanent process in place to purge cases over 10-15 years old where no substantive action has taken place to close the cases. 4) Age of Active Pending Caseload Several years ago, the Office of Court Administration, OCA, made changes to the reporting requirements for courts indicating an understanding of performance guidelines. Each monthly report begins with the total number of open cases at the Court at the beginning of the month and ends with the total number of open cases at the end of the month Guidelines should be established to ensure cases are being resolved swiftly. Judges should make every effort to move cases forward, clerks need to properly research and update cases to reflect any action taken or reflect a change of status. In relation to reporting to OCA,I have serious concerns about the accuracy of data being reported. Again,Under the current structure the Director is to: 1. Maintain central docket records for all cases filed in the municipal courts record 2. Maintain an index of municipal court of record judgments in the same manner as county clerks are required bylaw to prepare for criminal cases arising in county courts 5) Trial Date Certainty When individuals wish to exercise their constitutional right to contest a violation they should have their opportunity to a trial within a reasonable time frame, with limited resets, once again recognizing multiple appearances delays final resolution. 6) Reliability and Integrity of Case Files A further discussion on Tyler/Incode will be included below but maintaining accurate data is key to a high functioning court. In keeping with the Director's duties outlined in Numbers 3)and 4)above,I was presented with numerous examples of cases"lost"in the system. There should be a daily/weekly/monthly report created using status codes to capture cases that have been overlooked. I was presented with a number of examples of thousands of cases that had been lying dormant with no action. As mentioned,losing cases in the system goes directly to the reliability and integrity of case files as well as accurate reporting of Court Data to the Office of Court Administration. Case Management software is merely an electronic version of a paper filing system. Terms used in relation to the case management system such as"macros" and "queues"relate to"court actions"and"court dockets"respectively. The current problem is tantamount to a court working under a traditional paper, not electronic, system where court documents are being misfiled or paper files are lost or unaccounted for. C:\Users\ufc-prod\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@940781BD\@BCL@940781BD.docx 6 7) Ensuring Fairness in Legal Financial Obligations,Management of Legal Financial Obligations Fair Practices for Legal Financial Obligations Judges assess fees once a case is adjudicated. In reviewing the current collections plan at the Court, there are some processes which could be perceived as lacking fundamental fairness as relates to the presumption of innocence.Particularly referral of cases to an outside collection agency within 60 days of the individual's failure to appear defeats the constitutional provision of innocent until proven guilty. Fine amounts are determined by the Judge or Jury. The recommended"window fine"for individuals who do not wish to appear and just want to resolve their violation is simply that,a recommendation,the total amount assessed is done through a court order. For a collection agency to be referred a case that has not had fines assessed in an order and then assess an additional 30% on money not yet owed is not a fair process. As relates to payment plans on existing amounts ordered paid by a judge, there appears to be good process in place to determine individual's ability to pay. Due to the assessment of additional fees, collection company 30%, Scofflaw $20, Omnibase $30, $50 warrant fees, $35 Marshal summons fee, one violation with a recommended fine and court costs of $200 becomes almost $400 forcing the Judges to "waive" added fees to enable the citizen to resolve the outstanding violation. Fees, cost and fines should be assessed by judges, not added on by administrative staff through automated processes requiring the Judge to waive fees and costs. To the best of my knowledge the Presiding Judge has not been involved in the decisions made to add these additional fees or contract with outside agencies. 8) Effective use of Jurors All jury trials are set on Friday,this appears to be an effective use of Jurors,summoning them only one day a week. As relates to trial settings a process should be looked at to schedule trials in accordance with officer schedules. 9) Court Employee Satisfaction If not already doing so,the Court should work with the HR department to create employee satisfaction surveys annually. 10) Cost Per Case Gauging efficiency through examining how courts can best use their personnel, procedures, and technology to achieve desired outcomes such as access,fairness and timeliness is a sound practice. In reviewing the Municipal Court Budget and organizational chart there appear to be some positions that play a minimal role in resolving cases,the primary purpose of the Court. The City Marshal Budget line item totals$687,822.When asked for performance measures, I was told by the Director that the only"performance measures"were to increase arrests and contacts by 15%. 1 was not given any clear indication as to how this in any way contributed to resolution of cases in such a way to justify this section of the Court. They do add an additional fee of$35 for the Marshal Unit"issuing summons" on Violation of Promise to Appear. Summons can be issued by Clerks. In some instances the marshals utilize door hangers additionally it was mentioned that they have on occasion appeared at individual's homes giving them the option of being handcuffed and taken downtown or paying the ticket on-line,this would appear to be coercive. A lack of performance measures leads to a lack of accountability. In my review it was unclear as to how many warrants the marshal unit actually clears. In fact, only Judges can"clear" warrants. I am unaware of any specific training that the Director has in overseeing peace officers which could be problematic from a liability standpoint. I see no value to the Court from this almost$700,000 budget line item. Both the cost of this line item and potential liability far exceed any perceived value to the Court in achieving performance metrics. Staff mentioned that the text messages received through Incode beginning sometime after April 2022, appears to have a positive effect on getting people to appear on cases. This is a prime example of technology improving systems and efficiency. Although the text option through INCODE has been available for a very long time it was not utilized by the Court until after April of 2022. Technological advances can assist in better allocation of staff time. Marshals driving to people's homes utilizing door hangers is not an effective use of personnel if notices can be sent automatically via text using available technology. As mentioned earlier,implementation of a Court Kiosk system or a derivative of that concept allows for the processing of cases with a clerk and a Judge or just a judge and creates a virtual court setting or satellite Court without the need for bailiffs or cashiers. C:\Users\ufc-prod\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@940781BD\@BCL@940781BD.docx 7 Another major area of concern in this area is the operational and budgetary responsibility of the Court for the City Detention Facility. Detention facilities are more properly an executive(enforcement)branch responsibility most commonly operated by a police department or other enforcement agency. I was extremely impressed with the operations of the facility and the Detention Center Manager though not so much with the appearance of the physical building. Although the volume is substantially less than the San Antonio Detention Center,the CDC in Corpus is very proactive in limiting the City's liability by ensuring individuals are in the facility no longer than 4 hours,as opposed to 8-12 hours in San Antonio. Additionally, CDC employees multi-task by putting the files together for judicial review and do not accept individuals into the facility until Law Enforcement Personnel have completed all reports and booking information. Regardless, to the best of my knowledge, the current Director, who oversees this operation has no training in jail management which should be of concern from a liability standpoint. PART II (1) The Existing Organizational Structure Infringes on the Constitutional Concept of the Judiciary as an Independent Branch of Government. The Texas State Constitution, Article 2, Section 1, creates three separate departments of government, Legislative, Executive and Judicial branches. It further provides that"no...department shall exercise any power properly attached to either of the others..."Further, Thompson vs.City of Austin,979 S.W.2d 676(Tex.App. 1998),determined that the separation of powers doctrine applies to Municipal Courts. "Article 11 of the Texas Constitution divides the sovereign functions of government, creating a legislative branch,an executive branch and a judicial branch,each with its own exclusive powers.The judiciary has been privileged with a sacred independence necessary to maintain impartiality required to determine the law." (a) For years, the appointment of administrative staff for the court has been made under the appointing authority of the executive branch of government,with the Court"Director"being appointed and having a direct reporting relationship with an assistant city manager. The Court Director,not the Presiding Judge, who is a direct appointee of the City Council,has been viewed as a Department Head in the Corpus Christi organizational chart and currently has no direct reporting relationship to the Presiding Judge of the Court. This has led to several instances of policies and procedures being implemented, without communication or consultation with the judiciary, that have resulted in an infringement on the judicial branch's ability to maintain its independence. I was shocked to learn that the Presiding Judge was not given full access to the Incode operating system and often has to ask for permission to review court cases. This is inappropriate. Checks and balances provides that the City Council,through its appointment power, selects the Presiding Judge to a term of office. The Corpus Christi Judges are required to be attorneys and are required to complete mandatory Judicial Education annually. The Canons of Judicial Conduct provide: Canon 1:Upholding the Integrity and Independence of Judiciary,"An independent and honorable judiciary is indispensable to justice in our society. A judge should participate in establishing,maintaining and enforcing high standards of conduct, and should personally observe those standards so that the integrity and independence of the judiciary is preserved. The provisions of this Code are to be construed and applied to further that objective. Further Canon 3 C.provides that"A Judge should require staff, court officials and others subject to the judge's direction and control to observe the standards of fidelity and diligence that apply to the judge..." and"A Judge with supervisory authority for the judicial performance of other judges should take reasonable measures to assure the prompt disposition of matters before them and the proper performance of their official duties. Violations of the Canons of Judicial Conduct can result in removal from office. Actions by Administrative Support Staff can impact a Judge. The Presiding Judge,who is appointed by the Mayor and Council, should be recognized as the organizational head of the Court, with the Presiding Judge providing the "work rules for the administration of the court' and all administrative positions reporting to the Presiding Judge for direction in Court Operations. The Court and the City of Corpus Christi would be better served by having one budget, Municipal Court, as opposed to two separate budgets, Judicial and Administrative, with the Presiding Judge Administering the budget under the standard City Budget process overseen by the City Manager and City Council. The Presiding Judge should provide the evaluation of the Clerk. Further, Courts only function with Judges, virtually every action at the Court is a direct result of a Judicial order. Administrative support staff, provide clerical functions to further the actions of the judiciary. The law recognizes the position of Clerk of the Court, but there is no traditionally, legally recognized position of "Director of the Court". Currently, the Director acts as the Department head and the Presiding Judge has little, if any, input into the day to day C:\Users\ufc-prod\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@940781BD\@BCL@940781BD.docx 8 operations of the Court, overseeing the processing of cases and directing work flow relative to the Court's case management system. One simple change to the City Code Section 29 relating to the operation of Municipal Court would entail including the following language in reference to the duties of the Presiding Judge. "The Presiding Judge shall be the operational head of the Municipal Court and shall establish work rules for the administration of the Court."The Presiding Judge should then prepare a policies/procedures manual encompassing all of the business processes of the Court. (2) There is a Need to Enhance the Level of Professionalism for all Employees of the Court (1) As discussed,the"Director"is also the de-facto clerk,there appears to be both a Deputy Director and Chief Deputy Court Clerk which appear to be redundant positions. The position of Director should be retitled to Clerk of the Court. The position of Deputy Director should be reclassified to Court Administrator who works under the direction of the Presiding Judge ensuring that Court Operations are running smoothly throughout the day. I will provide a job description for Court Administrator. (2) Mandatory training, (including customer service, ethics and court specific classes) should be implemented. A designated court employee should also perform the role of training officer.Clerks appear to be trained only in the use of macros as opposed to understanding the fundamental processes relating to Court operations. Understanding why things are done a certain way to comply with legal mandates should replace understanding what macro should be used. This is also applicable to accurately reporting data to OCA.Too much dependence on the case management system is problematic if that system crashes. San Antonio always had a manual back up system which required staff to understand all of the Court processes and procedures should technology fail. Further,all clerks must understand the legal ramifications for failing to properly update cases in the case management system. (3) Equalization of employee job titles,grade levels and compensation for those with similar job responsibilities. Rather than designating clerks as 11, III, and IV all clerks should be cross trained in all clerical functions related to work within the courtroom,data entry,research,cash handling,etc. (4) Communication issues are a significant detriment to effective operation of the court. The lack of regular communication between the judiciary and administrative support staff contributes to a dysfunctional organization. Requiring Judges to request access to their documents is not appropriate. A reorganization of the Court, as recommended earlier,should also include the Presiding Judge establishing a Court Management Team,meeting on a regular basis to discuss key issues facing the Court. All position titles at the court should relate to court specific functions.In reviewing approximately 500 SOPS,this Management Team should begin reviewing SOPS,utilizing only those currently necessary for day to day Court operations. (5) The Court needs to acquire staff that are proficient in Tyler/Incode as it relates to Court operations. When the City of San Antonio implemented Incode,as Presiding Judge,I assembled a team consisting of an Associate Judge,3 frontline clerks, and myself to work on the business plan for customizing the out of the box Incode application to reflect the San Antonio Municipal Court's business plan. A prosecutor was later included, and it was determined that Officer dash cam video and body cam video could be uploaded into Incode. This assists in resolving contested cases when the prosecutor is able to show the defendant footage from the stop. (6) Senior administrative staff do not appear to have a full understanding of the functionality of the current case management system as it relates to accepted Court Operations practices.All staff will need to be retrained,the number of automated processes,or macros,needs to be decreased. A discussion arose about the possibility of issuing a new RFP for a case management system. Incode is moving to version 10. The better practice would be to fully understand the current system. Court case management systems are not one size fits all. Tyler/Incode,at its inception was geared towards Texas Municipal Courts operations and practices but the Court can customize the system to meet its business needs. (7) I did not see a position in the organizational chart for a Court Accountant. I will provide a job description for Court Accountant. (8) The Juvenile Case Managers currently receive direction from the Chief Deputy Court Clerk. These two positions should only work under the direction of the Presiding Judge.Though extremely enthusiastic they appear to be grossly under utilized at the Court.One inquired about wanting to establish a Teen Court in accordance with Art.45.052 Texas Code of Criminal Procedure. The JCMs should be trained and provide in-house programs at no cost to the Juveniles and their families. Almost all Juvenile programming at the San Antonio Municipal Court was provided by the JCMs. Article 45.056 Texas Code of Criminal Procedure provides that the Juvenile Case Managers shall,"assist the court in C:\Users\ufc-prod\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@940781BD\@BCL@940781BD.docx 9 administering the court's juvenile docket and in supervising the Court's juvenile cases", which indicates that this position should not be receiving direction from a Chief Deputy Court Clerk,but from the Presiding Judge. (9) Performance measures for judges should be based upon the performance criteria I outlined earlier, particularly clearance rates and time of disposition. Rotating schedules with different judges taking different actions on cases makes it harder to track performance. Once a Judge"touches"a case it should remain with that Judge to better gauge how each Judge is handling their cases. Each Judge should have their own Show Cause dockets to track compliance on orders and trial cases should remain with one Judge. All Judges should be made aware of the performance criteria relating to clearance rates and time of disposition. (10)The Presiding Judge should be placed upon a staggered term from the associate judges to allow a process for meaningful evaluations during reappointment. (11) The Court Clerk's salary should not be higher than the Presiding Judge's salary. The Judges are licensed attorneys the Court Clerk is not. (12)Judges'terms of office should be moved to a term that does not intersect with City elections,to allow the Mayor and City Council to have time to familiarize themselves with Court operations when considering reappointments. (13) A clear evaluation process should be established relating to the Clerk of the Municipal Court, with the Presiding Judge providing the evaluation and providing this to the City Manager. The evaluation should include Court specific criteria as opposed to standard"Department Director" criteria. For example how is the Clerk performing in regards to: 1. Maintaining a central docket records for all cases filed in the municipal courts record 2. Maintaining an index of municipal court of record judgments in the same manner as a county clerks are required by law to prepare for criminal cases arising in county courts 3. Knowledge of legal provisions related to the operations of a Municipal Court 4. Knowledge of the Case Management System Technology Issues in the Court Must be Addressed Tyler Technologies/Incode: The Court uses Tyler Technologies Incode as its case management system. There is currently no defined change management process in place for the Court. IT priorities are established by the Court Director,with minimal input from the Presiding Judge. A change order process should be established that allows for input on the submittal and prioritization for these requests. There should be regular meetings of the Court Management Team to direct this process. The Presiding Judge should make the final decision regarding Court IT priorities. Incode is being under-utilized in some areas and overutilized in others. As mentioned, I have serious concerns regarding the accurate reporting of data to OCA. In addition to "lost" cases or cases in limbo, I was advised that credit for time served on violations was being reported in the community service ordered category,data is not properly captured and accurately reported. OCA also requires reporting conditions of release of bond,which Municipal Judges order fairly consistently. The report shows 0. The entire process needs to be reevaluated. Using the zero-based budget concept,the Presiding Judge should establish the business processes of the court and only have macros,court actions,that reflect those processes and to ensure prompt location and reporting of relevant data. A clerk or clerks should be assigned to each judge to research their cases and ensure proper placement on dockets(queues) for judicial action. Reports should be run daily or weekly utilizing only status codes. At any given time, it should be a simple task to run reports on number of cases, types of cases, cases by Judge, cases by Judicial action,case status,clerk activity,etc. In meeting with the IT director for the City of Corpus Christi,it appears there is a level of frustration in requiring IT personnel to contact Tyler/Incode regarding problems with the system which are,in fact,user errors resulting from a lack of fundamental understanding of the operating system as applied to court processes. If the decision were made to issue a new RFP for a Court Operating System or moving forward with Incode version 10, it would be a perfect opportunity to reevaluate business processes. Non-Compliance,Collections In reviewing the current non-compliance process at the court, I found the process to be overly cumbersome and not cost- effective. Cases fall into two categories,unadjudicated and adjudicated. Unadjudicated cases relate to violations pending at the court where the individual cited has not pled guilty or no contest and the individual has failed to appear to resolve their case. Adjudicated cases are cases where the individual has been found liable and is required to resolve the court's order, through fines,costs,community service and/or other requirements. q C:\Users\ufc-prod\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@940781BD\@BCL@940781BD.docx 10 Currently,on unadjudicated cases,if the individual has not appeared in court within 14 days of the date of citation,the case is referred to the Marshal Unit which then files a new charge of Violation of Promise to Appear,a promise which was made when they signed the citation. Following that,if the individual still does not resolve the issue,a warrant issues,a$50 warrant fee is added and the case is referred to private collections, omnibase and the Scofflaw program, all resulting in added fees making cases harder to resolve. How can an individual be referred to a collection agency on a case they have not entered a plea on and no money has been ordered paid by a judge? There is still a presumption of innocence.I was also surprised to learn that during COVID,in lieu of warrants,cases were automatically referred to private collections. I specifically asked the Director what he understood the$50 warrant fee to be,his initial reply was that it was an additional fee for failure to appear assessed by the Judge. When I sought clarification it became clear that there was an automated process that attached the fee upon issuing the warrant,the Judge does not assess that fee. A$50 warrant fee should be assessed after the warrant has been processed by an outside agency (not City of Corpus) requesting to be reimbursed for processing the Municipalities warrant through arrest and transport. As mentioned earlier,only Judges can assess fees. The San Antonio Municipal Court negotiated with Omnibase to enhance the process to seek compliance. Under the Omnibase program,the case is referred to Omnibase at or around the same period of time the Corpus Court files a Violation of Promise to Appear. Omnibase locates the individual and sends a notice that they have failed to appear, and they will not be able to renew their license until they have appeared in court and resolved their violation. The fee for this service attached to the violation is$30,with the municipality keeping$4. Why this is effective is that an outside agency is bearing the cost of locating the individual and mailing them a letter saving the court the cost and time of mailing a notice. If the case is subsequently resolved the$30 fee is nominal,there is no new charge filed,no warrant and warrant fee and no collection fees attached. Only after Omnibase has been ineffective in getting them to appear do you move to the next step of Violation of Promise to Appear charge and/or warrant. The San Antonio Municipal Court did not pursue Violation of Promise to Appear charges, it added more cases into the system that added to the totals reported as open cases to OCA and made resolution more difficult. Only old, adjudicated cases with monies owed pursuant to a judicial order should be referred to collection and this should only be done when all avenues have been exhausted. While this report has stressed problem areas identified in my Court analysis, it is important to stress that these problems are common and,in some instances,worse in larger Courts throughout the state,the higher the volume of cases amplifies the problems. The Court is headed in the right direction under Judge Chapa's leadership. Based upon the decision by the City Manager and Presiding Judge, both direct appointees of the Mayor and City Council,to request an outside consultant,I am certain the Court will continue to improve. The San Antonio Municipal Court was successful as a result of the City Manager and Presiding Judge working together in the areas of commonality,budget,HR,etc.with a common goal of providing the best services to the Citizens of the City of San Antonio. C:\Users\ufc-prod\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@940781BD\@BCL@940781BD.docx 11 Texas Gov't Code provisions applying to Corpus Christi Municipal Court of Record: SUBCHAPTER ZZ. CORPUS CHRISTI Added by Acts 2007,80th Leg.,R.S.,Ch.441 (S.B. 2009),Sec. 1,eff.June 15,2007. Texas Gov't Code§30.01901. APPLICATION;DEFINITIONS. (a) This subchapter applies to the city of Corpus Christi. (b) In this subchapter: (1) "Appellate courts"means the county courts at law of Nueces County that have criminal appellate jurisdiction. (2) "Municipal court director"means the clerk of the municipal courts of record. Texas Gov't Code§30.01902. JUDGE. Sections 30.00007(b)(1),(2),(3),and(5)do not apply to this subchapter. Texas Gov't Code§30.01903. MUNICIPAL COURT DIRECTOR; OTHER PERSONNEL. (a) The city manager shall appoint a municipal court director to serve as the clerk of the municipal courts of record. (b) The municipal court director shall perform,as applicable,the duties prescribed by law for the county clerk of a county court at law. In addition,the municipal court director shall: (1) maintain central docket records for all cases filed in the municipal courts of record; (2) maintain an index of all municipal court of record judgments in the same manner as county clerks are required by law to prepare for criminal cases arising in county courts;and (3) request the jurors needed for cases that are set for trial by jury. (c) The municipal court director may hire,direct,and remove the personnel authorized in the city's annual budget for the clerk's office. (d) Sections 30.00009(c)and(d)do not apply to this subchapter. Texas Gov't Code§30.01904. COURT REPORTER. The municipal court director shall appoint the court reporter under Section 30.00010. Other Provisions: Texas Gov't Code§30.00005. JURISDICTION. (a) A municipal court of record has the jurisdiction provided by general law for municipal courts. (b) The court has jurisdiction over criminal cases arising under ordinances authorized by Sections 215.072,217.042, 341.903,and 551.002,Local Government Code. (c) The governing body may by ordinance provide that the court has concurrent jurisdiction with a justice court in any precinct in which the municipality is located in criminal cases that arise within the territorial limits of the municipality and are punishable only by fine. (d) The governing body of a municipality by ordinance may provide that the court has: (1) civil jurisdiction for the purpose of enforcing municipal ordinances enacted under Subchapter A,Chapter 214, Local Government Code,or Subchapter E,Chapter 683,Transportation Code; (2) concurrent jurisdiction with a district court or a county court at law under Subchapter B Chapter 54,Local Government Code,within the municipality's territorial limits and property owned by the municipality located in the municipality's extraterritorial jurisdiction for the purpose of enforcing health and safety and nuisance abatement ordinances; and (3) authority to issue: (A) search warrants for the purpose of investigating a health and safety or nuisance abatement ordinance violation; and (B) seizure warrants for the purpose of securing,removing,or demolishing the offending property and removing the debris from the premises. (e) The court has concurrent jurisdiction with a district court and a justice court over expunction proceedings relating to the arrest of a person for an offense punishable by fine only. Texas Gov't Code§30.00006. JUDGE. (a) A municipal court of record is presided over by one or more municipal judges. (b) The governing body shall by ordinance appoint its municipal judges. (c) A municipal judge must: (1) be a resident of this state; (2) be a citizen of the United States; (3) be a licensed attorney in good standing; and (4) have two or more years of experience in the practice of law in this state. q�ff C:\Users\ufc-prod\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@940781BD\@BCL@940781BD.docx 1G (d) The governing body shall provide by ordinance for the term of office of its municipal judges. The term must be for a definite term of two or four years. (e) The municipal judge shall take judicial notice of state law and the ordinances and corporate limits of the municipality. The judge may grant writs of mandamus,attachment,and other writs necessary to the enforcement of the jurisdiction of the court and may issue writs of habeas corpus in cases in which the offense charged is within the jurisdiction of the court. A municipal judge is a magistrate and may issue administrative search warrants. (f) The municipal judges within a municipality may exchange benches and act for each other in any proceeding pending in the courts. An act performed by any of the judges is binding on all parties to the proceeding. (g) A person may not serve as a municipal judge if the person is employed by the same municipality. A municipal judge who accepts employment with the municipality vacates the judicial office. (h) The governing body shall determine the salary of a municipal judge. The amount of a judge's salary may not be diminished during the judge's term of office. The salary may not be based directly or indirectly on fines,fees,or costs collected by the court. Texas Gov't Code§30.00007. PRESIDING JUDGE. (a) If there is more than one municipal judge in the municipality,the governing body of the municipality shall appoint one of the judges as the presiding judge. (b) The presiding judge shall: (1) maii4a4i a ee+4Fal deek-et for-eases f4lOd W4,444 040 WR*Ofial 141*S Of t4@ WAiRiGipa4y ON'OF W146 (') ,- est 044 jtwor-s ee de d for-eases t4at a sot for-t.4.,1 by; (4) temporarily assign judges or substitute judges to exchange benches and to act for each other in a proceeding pending in a court if necessary for the expeditious disposition of business in the courts; , , el,,.ding toe...,,,,-Ns p .,ol .d,,,-;,4g toe p ee diRgs of toe ...,,,,-t• .,.,.d (6) establish a court security committee to adopt security policies and procedures for the courts served by the presiding judge that is composed of: (A) the presiding judge,or the presiding judge's designee,who serves as presiding officer of the committee; (B) a representative of the law enforcement agency or other entity that provides the primary security for the court; (C) a representative of the municipality;and (D) any other person the committee determines necessary to assist the committee. (c) A court security committee may recommend to the governing body the uses of resources and expenditures of money for courthouse security,but may not direct the assignment of those resources or the expenditure of those funds. Texas Gov't Code§30.00008. VACANCIES: TEMPORARY REPLACEMENT. (a) If a vacancy occurs in the office of municipal judge of a court of record,the governing body shall by ordinance or charter provide for the appointment of a qualified person to fill the office for the remainder of the unexpired term. (b) The governing body may appoint one or more qualified persons to be available to serve for a municipal judge who is temporarily absent due to illness,family death,continuing legal or judicial education programs,or any other reason. The presiding judge,or the municipal judge if there is no presiding judge,shall select one of the qualified persons appointed by the governing body to serve during the absence of a municipal judge. The substitute judge,while serving as a municipal judge,has all the powers and shall discharge all the duties of a municipal judge. A substitute judge must meet the qualifications prescribed for the municipal judge. Texas Gov't Code§30.00009. CLERK; OTHER PERSONNEL. (a) The governing body shall by ordinance provide for the appointment of a clerk of the municipal courts of record. The municipal clerk shall keep the records of the municipal courts of record,issue process,and generally perform the duties that a clerk of a county court at law exercising criminal jurisdiction performs for that court.In addition,the clerk shall maintain an index of all court judgments in the same manner as county clerks are required by law to prepare for criminal cases arising in county courts. (b) The governing body may provide deputy clerks,warrant officers,and other personnel as needed for the proper operation of the courts. C:\Users\ufc-prod\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@940781BD\@BCL@940781BD.docx 13 so �o o� A H AGENDA MEMORANDUM First Reading for Ordinance for the City Council Meeting July 18, 2023 WoRPORPg4 1852 Second Reading Ordinance for the City Council Meeting July 25, 2023 DATE: July 18, 2023 TO: Peter Zanoni, City Manager FROM: Brandon Wade, Fire Chief BrandonW@cctexas.com (361) 826-3900 Acceptance of funds received from the Texas Commission on Environmental Quality in the amount $8,843.58 CAPTION: Ordinance authorizing acceptance of $8,843.58 from the Texas Commission on Environmental Quality for HazMat equipment and training for the City of Corpus Christi—Nueces County Local Emergency Planning Committee; and appropriating $8,843.58 into the LEPC Fund. SUMMARY: Ordinance authorizing the acceptance of funds received from the Texas Commission on Environmental Quality. The City of Corpus Christi—Nueces County Local Emergency Planning Committee was awarded $8,843.58 for equipment and training. BACKGROUND AND FINDINGS: The Community Right to Know Act of 1986 establishes the County Local Emergency Planning Committee (LEPC) as a forum at the local level for discussions and a focus for action in matters pertaining to hazardous material planning. The LEPC Program Manager is an employee of the Corpus Christi Fire Department (CCFD) and serves as the liaison between county, city, state, federal governments, facilities with hazardous chemicals, and residents. The LEPC Program Manager assists with alerts for any potentially hazardous material incidents and oversees the manufacturing, transportation, and utilization of all hazardous chemicals within Nueces County. The LEPC Program Manager also manages the repository for over 400 facilities' annual chemical inventories within the county. The LEPC works closely with the CCFD Hazmat team to coordinate facility visits, training opportunities, and providing critical information to the public. The primary mission of the LEPC is to reduce the risk of and provide emergency planning for hazardous materials releases. Per the interlocal cooperation agreement between Nueces County, City of Corpus Christi, and the Port of Corpus Christi, a position for the administration of the Local Emergency Planning Committee must be provided. The City's Fire Chief is the Community Emergency Coordinator and also the Chairman of the LEPC. Therefore, the LEPC department is housed within the Corpus Christi Fire Administration. The Texas Commission on Environmental Quality (TCEQ) awards funding to Local Emergency Planning Committees across the state of Texas. The LEPC is comprised of both the City and County governments, facilities with hazardous chemicals, and residents of the Corpus Christi and Nueces County. The LEPC has received funds from TCEQ in two previous years (2017 and 2019) in the respective amounts of $92,662.80 and $5,000.00. Amounts provided to the LEPC by the TCEQ vary depending on the amount of fees collected by TCEQ from facilities with hazardous materials throughout Texas. Once the fees are collected by TCEQ, they are then divided and distributed as funds to LEPCs throughout Texas. The funds received by the LEPC are used to purchase necessary equipment and training services such as HAZMAT ID Detection devices, cellular devices to detect and identify chemical gases, calibration devices for gas monitoring, and various HAZMAT training courses. ALTERNATIVES: The alternative to accepting these funds is to decline the award from TCEQ. However, this will result in the LEPC having less funding for necessary equipment and training services. If declined, the LEPC will have to search for funding elsewhere in order to purchase the necessary equipment and training services. This would result in a negative impact on the City of Corpus Christi, Nueces County, the Port of Corpus Christi, and the residents within the city and county limits. Additionally, these funds are not provided by the TCEQ every year, so there is no guarantee that any funds will be allocated to the LEPC again next year. FISCAL IMPACT: Acceptance of funds in the amount of$8,843.58 and appropriating revenue and expenditures in the amount of$8,843.58 to the FY 2023 LEPC Fund. Funding Detail: Fund: 1062 LEPC Organization/Activity: 830025S Department Number: 10 Fire Department Project # (CIP Only): N/A Account: 520090 Amount: $8,843.58 RECOMMENDATION: Staff recommends approval of this ordinance to accept and appropriate funds totaling $8,843.58 for the Local Emergency Planning Committee, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing acceptance of $8,843.58 from the Texas Commission on Environmental Quality to be used to support the Corpus Christi — Nueces County Local Emergency Planning Committee; and appropriating the funds into the LEPC 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 accept a grant from the Texas Commission on Environmental Quality (TCEQ) in the amount of$8,843.58 to be used for equipment and training to support the Corpus Christi — Nueces County Local Emergency Planning Committee (LEPC). SECTION 2. That $8,843.58 is appropriated in the LEPC Fund No. 6060 to purchase training and equipment to support the LEPC. SECTION 3. That the 2022-2023 operating budget approved by Ordinance No. 032855 is hereby 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 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 so �o o� A P v AGENDA MEMORANDUM WoRPORPg4 First Reading Ordinance for the City Council Meeting July 18, 2023 1852 Second Reading Ordinance for the City Council Meeting July 25, 2023 DATE: July 18, 2023 TO: Peter Zanoni, City Manager FROM: Brandon Wade, Fire Chief BrandonW@cctexas.com (361) 826-3900 Acceptance and Appropriation of a grant for $4,608.23 for the Corpus Christi Fire Department's HazMat Program CAPTION: Ordinance authorizing acceptance of $4,608.23 from Howard Energy Partners for Hazmat supplies and equipment for the Corpus Christi Fire Department; and appropriating $4,608.23 into the Fire Grants Fund. SUMMARY: This ordinance authorizes the acceptance and appropriation of one grant totaling $4,608.23 from Howard Energy Partners. The grant funds will support the Corpus Christi Fire Department(CCFD) HazMat program by purchasing much needed supplies and equipment to be used in the event of a HazMat emergency. BACKGROUND AND FINDINGS: Howard Energy Partners donates funds to each County Local Emergency Planning Committee (LEPC) within the communities where they operate. Howard Energy Partners operates two facilities (Javelina and Maverick) within Corpus Christi. Both the Javelina and Maverick facilities have operated within Corpus Christi's Council District 1 for over 20 years. The City of Corpus Christi-Nueces County LEPC has a strong working relationship with Howard Energy Partners. Hazardous Material (HazMat) response team was initiated in July of 1987 with the passing of the Superfund Amendments and Reauthorization Act (SARA) Title III. SARA requires local and state emergency planning around hazardous chemicals. CCFD's Hazmat team currently consists of 15 firefighters. CCFD's HazMat team currently is located at Fire Station 5 in City Council District 1. The HazMat team is comprised of hazardous materials technicians who specialize in detecting, containing, and removing any release of potential hazardous substances in order to control or stabilize an incident. The Hazmat team members regularly participate in training activities that include HazMat situational drills such as simulated chlorine leaks from tank rail cars. CCFD's HazMat response team is a FEMA Type I team which makes it a regional response asset. To meet these expectations, CCFD requires safe, dependable, reliable, and current equipment and technology. The funds donated through this grant will be used to purchase items and materials such as hydrogen fluoride sensors, hydrogen fluoride nitrogen, and demand flow regulators. These items and materials are used daily by the Corpus Christi Fire Department's Hazmat team. This is the first year that Howard Energy Partners has awarded donations to be utilized for the LEPC program. ALTERNATIVES: The alternative to accepting this grant is to reject it and instead find other funding sources to purchase the necessary supplies and equipment for CCFD's HazMat response program. FINANCIAL IMPACT: Acceptance of funds in the amount of$4,608.23 and appropriating $4,608.23 to the FY 2023 Fire Grants Fund. Funding Detail: Fund: 1062 Fire Grants Organization/Activity: 840030L Howard Energy Partners Department: 10 - Fire Project # (CIP Only): N/A Account: 520090 Minor Tools & Equipment Amount: $4,608.23 RECOMMENDATION: Staff recommends City Council authorize the ordinance to accept and appropriate the grant funds in the amount of$4,608.23, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing acceptance of $4,608.23 from Howard Energy Partners for the Local Emergency Planning Committee, appropriating $4,608.23 into the Fire Grants Fund, and amending the operating budget. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to accept a grant from Howard Energy Partners in the amount of $4,608.23 for the benefit of the Local Emergency Planning Committee. SECTION 2. That $4,608.23 is appropriated in the No. 1062 Fire Grant Fund to purchase supplies and equipment to support the Local Emergency Planning Committee. SECTION 3. That the 2022-2023 operating budget approved by Ordinance No. 032855 is hereby 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 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 so �o o� A P v AGENDA MEMORANDUM WoRPORP�g4 First Reading Ordinance for the City Council Meeting July 18, 2023 1852 Second Reading Ordinance for the City Council Meeting July 25, 2023 DATE: July 18, 2023 TO: Peter Zanoni, City Manager FROM: Brandon Wade, Fire Chief BrandonW@cctexas.com (361) 826-3900 Acceptance and Appropriation of the 2023 Helping Heroes grant for$10,000 for the Corpus Christ Fire Department's Technical Rescue Program CAPTION: Ordinance accepting a grant in the amount of$10,000.00 from Flint Hills Resources 2023 Helping Heroes Program for training for the Corpus Christi Fire Department's Technical Rescue Program; and appropriating $10,000 to Fire Department Grants Fund. SUMMARY: This ordinance authorizes the acceptance and appropriation of one grant totaling $10,000 from Flint Hills Resources 2023 Helping Heroes Grant Program. The funds will support the Corpus Christi Fire Department's (CCFD) Technical Rescue program by funding training classes through the Texas A&M Engineering Extension Service (TEEX). BACKGROUND AND FINDINGS: Flint Hills Resources began the Helping Heroes program in 2012. The Helping Heroes program provides grants for training, education, equipment, and emergency notification needs for Texas fire departments and emergency responders. Since starting the program in 2012, Flint Hills Resources has awarded more than $1 million to various fire departments throughout Texas. The grant will provide funding for 17 CCFD firefighters to attend the TEEX ropes rescue training program held in College Station, Texas. TEEX is an accredited fire safety and rescue institution. The TEEX ropes rescue training program consists of two courses: Course I and Course 11. The two courses help firefighters develop the necessary skills and responses for rescue operations. The 17 CCFD firefighters that will attend the TEEX ropes rescue training program are members of CCFD's technical rescue team. The 17 firefighters have already completed Course I and will be attending Course 11. Course 11 of the TEEX ropes rescue training program will provide the firefighters with an advanced understanding of rope materials and construction as well as the limitations and applications of rope rescue systems. They will also be given advanced training on tying knots and the use of knots for hoisting and rescue operations. Through this training, firefighters will obtain the necessary proficiency and skills for complex rope rescue systems. The City has received this grant each year since 2012. Last year, the City received $10,000 for this grant. ALTERNATIVES: The alternative to accepting this grant is to decline it and instead find other funding sources for rope rescue training for firefighters. However, rope rescue systems are a critical element in technical rescue responses.Without these grant funds, CCFD will have to find alternative funding sources to fund the training, which will result in a lack of necessary training for firefighters assigned to technical rescue teams. FINANCIAL IMPACT: Acceptance of funds in the amount of $10,000 and appropriating $10,000 to the FY 2023 Fire Grants Fund. Funding Detail: Fund: 1062 Fire Grants Organization/Activity: 840031 L 2023 Helping Heroes Project # (CIP Only): N/A Account: 530362 Training General Amount: $10,000 RECOMMENDATION: Staff recommends City Council authorize the ordinance to accept and appropriate the grant funds in the amount of$10,000, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance accepting a grant in the amount of $10,000.00 from Flint Hills Resources 2023 Helping Heroes Program to support the Corpus Christi Fire Department's Technical Rescue Program; appropriating funds in the amount of $10,000.00 to Fire Department Grants Fund; and amending the operating budget. 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 Flint Hills Resources 2023 Helping Heroes Program for the Corpus Christi Fire Department (CCFD) Technical Rescue program for participation in the ropes training through Texas A&M Engineering Extension Service training classes. SECTION 2. That $10,000.00 is appropriated in the No. 1061 Fire Department Grants Fund from Flint Hills Resources 2023 Helping Heroes Program for the Corpus Christi Fire Department (CCFD) Technical Rescue program for participation in the ropes training through Texas A&M Engineering Extension Service training classes. SECTION 3. That the 2022-2023 operating budget approved by Ordinance No. 032855 is amended to increase revenues and expenditures. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on the day of , 2023: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor �vs cr �o v NOflPORPY ED xss2 AGENDA MEMORANDUM One-Reading Ordinance for the City Council Meeting July 18, 2023 DATE: July 18, 2023 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P.E., Director of Engineering Services JeffreyEa-cctexas.com (361) 826-3851 Kevin Smith, Director of Aviation Kevi ns4a-cctexas.com (361) 826-1292 Josh Chronley, CTCD, Assistant Director of Finance & Procurement JoshC2a-cctexas.com (361) 826-3169 Professional Services Contract Amendment CCIA Fire Suppression Hangar 3 & 4 CAPTION: One-reading ordinance authorizing Change Order No. 1 to a design/build contract with Ranger Fire, Inc. from Saginaw, Texas, for a change in design from a foam pre-action system to a water- based sprinkler system for CCIA Fire Suppression Hangar 3 & 4 project in an amount of $160,509.00, for a total contract value not to exceed $1,104,509.30, located in Council District 3; appropriating $160,509.00 from the unreserved fund balance of the Airport funds and amending the FY 2023 Operating Budgets. SUMMARY: This ordinance authorizes approval of Change Order No. 1 to a design/build contract for a change in design from a foam pre action system to a water-based sprinkler system for CCIA Fire Suppression Hangar 3 & 4. BACKGROUND AND FINDINGS: In April of 2022 the City of Corpus engaged in a design/build contract for a new fire suppression system located inside Corpus Christi International Airport (CCIA) hangar 3 & 4. The intended purpose of Change Order No. 1 is to align the design requirements to meet the minimum standards set forth by the IFC and NFPA. Shortly after the design efforts were initiated, it was brought to the City's attention the basis for design indicated in the original RFP would not meet code due to the lack of standards released to date on the RFP specified fire suppression method (Micelle F500). Substantial efforts were made to meet with the City Fire Department which is the authority having jurisdiction (AHJ) in this matter to determine what would be required to ensure the design meets standards and approval requirements. It was proposed that replacement in kind of a wet fire sprinkler system would meet the design standards for fire suppression. Furthermore, it would provide equivalence in fire safety to a foam-based system and protect the staff working in the facilities, with less environmental impact when discharged. Change Order No. 1 to the Design-Build contract provides the funding necessary to finish the system re-design it covers the cost of the engineered design, and materials which primarily include increased piping, concrete, and electrical components. PROJECT TIMELINE: 2022 - 2023 2023 - 2024 April — June July — May Design Construction Project schedule reflects City Council award in June 2023 with anticipated completion in May 2024. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department conducted a competitive RFP process to obtain qualified firms for this project. The City of Corpus received 1 proposal on March 08, 2022, in the amount of $985,000. The City conducted an evaluation of the proposal with a (5) person committee and conducted an interview for the qualified firm. The evaluation committee recommended the award to Ranger Fire to construct a new Fire Suppression System at CCIA Hangar 3 & 4. ALTERNATIVES: Council could choose not to authorize Change Order No. 1. Not authorizing the change order could result in project delays, leaving CCIA without a means to properly protect property and staff. FISCAL IMPACT: The fiscal impact to FY 2023 is an amount not to exceed $160,509.00 with funding appropriated from the unreserved fund balance of the Airport fund. FUNDING DETAIL: Fund: Airport (Fund 4610) Department: Aviation (53) Org: Development and Construction (35010) Account: Improvements other than Building (550030) Activity: 21139-4610-EXP Amount $160,509.30 RECOMMENDATION: Staff recommends approval of Change Order No. 1 in the amount of $160,509.00 for the CCIA Fire Suppression Hangar 3 & 4 project. Construction is set to begin in July 2023. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Map Proposal Presentation One-reading ordinance authorizing Change Order No. 1 to a design/build contract with Ranger Fire, Inc from Saginaw, Texas, for a change in design from a foam pre-action system to a water-based sprinkler system for CCIA Fire Suppression Hangar 3 & 4 project in an amount of $160,509.00, for a total contract value not to exceed $1,104,509.30, located in Council District 3; appropriating $160,509.00 from the unreserved fund balance of the Airport funds and amending the FY 2023 Operating Budgets. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. $160,509 is appropriated from Airport Insurance Proceeds to Airport Fund 4610. SECTION 2. The FY 2022-2023 Operating Budget, adopted by Ordinance No. 032855, is amended to increase expenditures by $160,509. SECTION 3. The City Manager or designee is authorized to execute Change Order No. 1 with Ranger Fire, Inc. in an amount not to exceed $160,509 for the CCIA Fire Suppression Hangar 3 & 4 project. SECTION 4. That upon written request of the Mayor of five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2023. TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, Paulette Guajardo Mayor Council Members The above ordinance was passed 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 RANGER FIRE FIRE SUPPRESSION ROM TEXAS-SCR-0590 ARKANSAS-FSS-087 LOUISIANA-F-398 OKLAHOMA-988 360 S.Blue Mound Rd * Saginaw.TX 76131 Office:682-707-9004 * Donald@rangerco.com Bid To: Bid Date: April 4,2023 City of Corpus Christi Brent McClanahan Project Name: CCIA Hangar 3&4 Revision for water based fire suppression Project Location: Corpus Christi TX Units: N/A Buildings/Sections: 3 Building Types: 1 Floors: 2 Fire Protection Plan Date: Design Build/N/A MEP Plan Date: Design Build/N/A Scope Details: Extended GCs 4 Months Bond Engineering-System Re Design,Add Civil Engineer $ 42,000.00 Increase in concreate $ 9,500.00 Credit for Mycelle Rack $ (5,000.00) Paint Pipe Increase materials/pipe size $ 15,000.00 Credit for Mycelle System Increase pipe size in Hangar 3&4 Pipe Increases Loose Material Increases $ 25,366.00 Electrical Material Increases $ 25,000.00 Revised Alarm System $ 41,000.00 Subtotal $ 152,866.00 Fee 5% $ 7,643.30 Total $ 160,509.30 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Proposal Breakout-(if required) Amount Base Proposal $ 160,509.00 Project Investment: $160,509 Value Engineering Ideas/Alternates Amount Donald-Vickery Respectfully Submitted By Note:Proposal good for 30 days. Thank You For The Opportunity To Bid This Project! SFR N ° PROJECT LOCATION 4 E aa � CORPUS CHRISTI BAY 05 E/o� R� b .oR o a _ I VICINITY MAP s NOT TO SCALE I s z{ M 'S D r o z' PROJECT LOCATION D r O { t, A AERIAL MAP NOT TO SCALE PROJECT NUMBER: 21139 (CCIA) FIRE SUPPRESSION CITY COUNCIL EXHIBIT SYSTEM HANGAR 3 & 4 DECITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES �� SC v AGENDA MEMORANDUM NORP00.P5 EO First Reading Ordinance for the City Council Meeting July 18, 2023 1852 Second Reading Ordinance for the City Council Meeting July 25, 2023 DATE: June 27, 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 five-year lease agreement with automatic renewal of three additional one-year terms with Berry Contracting, LP CAPTION: Ordinance authorizing a five-year lease agreement with Berry Contracting, LP for an airport hangar, aviation office space, apron area and vehicular parking area at the Corpus Christi International Airport. SUMMARY: The proposed lease agreement will be between the City of Corpus Christi and Berry Contracting, for premises located at the Corpus Christi International Airport (CCIA) for an initial term of sixty months and three extension periods of one year each. The lease agreement is for space at West Hangar #4, a 13,000 square foot metal frame hangar with associated office space. The lessee will occupy two office spaces, aircraft hangar storage space, 30,000 square feet of aircraft apron, and 10,500 square feet of vehicle parking space. Square Annual Monthly Annual Category Feet Market Per Cost Cost Square Feet Apron 30,000 $.60 $1,500.00 $18,000.00 Office West OF-3 2,500 $6.20 $2,234.38 $26,812.50 Storage West OF-4 2,500 $3.00 $625.00 $7,500.00 Vehicle Area 10,500 $.50 $437.50 $5,250.00 West Hangar#4 13,750 $1.95 $2,234.38 $26,812.50 Totals $6,088.54 $73,062.50 BACKGROUND AND FINDINGS: Berry Contracting currently operates inside Hangar 4 and half of the associated office space. The building is currently on a month-to-month management agreement with Atlantic Aviation, another airport tenant that provides management services for the hangar in exchange for a share of revenues. Upon execution of this lease agreement, the Airport will discontinue the month-to-month management agreement with Atlantic Aviation and lease the hangar to Berry Contracting directly. Berry Contracting plans to remodel the space known as OF-4 and desires to sublease it to a future tenant, which is allowable under the lease agreement with approval from the Airport Director. The tenant operates numerous aircraft at the airport and conducts aeronautical and non- aeronautical business from the offices associated with the hangar. Berry has been a long- term airport tenant and this lease agreement solidifies the airport's partnership in a more formal arrangement. ALTERNATIVES: Alternatives include allowing Atlantic Aviation to manage Hangar 4 on the airport's behalf for a portion of revenue, and for Berry Contracting to continue occupying only a portion of the space. Alternatives also include leasing the space to a different tenant for the same or different services, requiring Berry Contracting to vacate the space they have occupied for many years. FISCAL IMPACT: The proposed new lease agreement will provide CCIA with a total annual rent revenue of $73,062.50 per year, for a total revenue of $584,500 over the total term of the lease agreement. 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 this action item. The Airport Board recommended approval of this action item at their regularly scheduled meeting. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Agreement Ordinance authorizing a five-year lease agreement with Berry Contracting, LP for an airport hangar, aviation office space, apron area and vehicular parking area at the Corpus Christi International Airport. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a five-year lease agreement with Berry Contracting, LP for West Hangar#4 at CCIA, including but not limited to: hangar space, aviation office, storage space, apron area and vehicular parking area with an option for three one-year renewal periods with Berry Contracting LP for the purpose of facilitating Lessee's aeronautical services and in consideration of the payment of monthly rental fees, payment of utilities and insurance premiums and upkeep of the leased premises. as stated in the lease. SECTION 2. The lease agreement is effective upon approval of the City Council and execution by the City Manager, or his designee. 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 Everett Roy Roland Barrera Dan Suckley Gil Hernandez Jim Klein Michael Hunter Sylvia Campos Mike Pusley The foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Everett Roy Roland Barrera Dan Suckley Gil Hernandez Jim Klein Michael Hunter Sylvia Campos Mike Pusley PASSED AND APPROVED on this the day of , 2023. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND BERRY CONTRACTING This lease agreement the ("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 Berry Contracting, L.P. ("Lessee"), a Texas for profit corporation. WHEREAS, the City owns the Corpus Christi International Airport ("Airport") 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 use of office space, hangar space, and parking spaces for the purpose of facilitating the provision of Lessee's aeronautical services; and, NOW, THEREFORE, in consideration of the terms, conditions, and mutual covenants contained in this Lease, the Parties agree as follows: Section 1. Premises. City leases to the Lessee 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, and physically located at 437 Pinson, Corpus Christi, Nueces County, Texas. The Premises are more particularly described as follows: approximately 2,500 square feet of office space; approximately 13,750 square feet of hangar space, approximately 2,500 square feet of storage space, approximately 30,000 square feet of apron space and approximately 10,500 square feet of parking area which is further depicted in Exhibit A (aerial photograph) and Exhibit B ("Site Plan" with Square Footage and Lease Rates) attached hereto and incorporated herein by reference. Section 2. Term. The term of this 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 five (5) year period from the Effective Date ("Initial Term"), This Lease will automatically renew each year on the Effective Date for up to three (3) additional twelve-month terms unless terminated by one of the parties in accordance with this Agreement. Section 3. Use of Aircraft Ramp by Public. City-controlled ramp related uses by Lessee that are not expressly included in the Premises (defined by this Lease) shall be for public use and are subject to a ramp fee ("Ramp Fee"), as provided by the Aviation Director to Lessee. The Ramp Fee shall be set annually by the City for use of City-controlled ramp. Lessee shall remit to the City 75% of all revenues received by Lessee for use by the public of City-controlled ramp, and Lessee may retain the remaining 25% as consideration for Lessee facilitating use of the City-controlled ramp by the public. Ramp Fees are payable by Lessee monthly in accordance with the payment provisions applicable to the payment of rent, as set out in Section 4 of this Lease. The City retains the right to enter upon all ramp space at any time and take inventory of any aircraft parked on the ramp, as well as the right to audit Lessee's accounting of ramp rental activities. Lessee may not collect nor charge any fees for use of its preferential apron space by others. Lessee cannot charge any fees for use of the City-controlled ramp other than the Ramp Page 1 of 19 Fee set by the City for use of ramp space and cannot waive any fees set by the City and due for use of City-controlled ramp area without the City's advance written approval. Section 4. Rent. A. So long as Lessee continually uses the entire Premises solely for Lessee's aeronautical use, the annual rent for the Premises is as shown 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 1st 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. 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, for any exercised renewal term period in advance at any time. C. Rental rates for all Airport real properties are adjusted on a five-year cycle and based on a fair market appraisal conducted by the City. The next appraisal is scheduled to be completed on or about March 2028. The City reserves the right to adjust the rent in accordance with its adopted policy or Federal Aviation Administration ("FAA") requirements. For purposes of determining the fair market value by appraisal, the values determined by the appraiser will be final. D. 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. E. Adjusted Lease rates are effective 30 days following written notice to Lessee. F. 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. G. 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 5. 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 James Bliss, Chief Financial Officer, or his successor. Section 6. Use of Premises. A. Lessee shall have the right to use and occupy the Premises solely for the operation of Lessee's aeronautical services and shall use the Premises for no other purpose without the express written consent of the Aviation Director. Page 2 of 19 B. The tenant may not store non-aeronautical equipment in space classified as hangar storage which is not incidental to the operation of aircraft. C. 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 same or that would make it impossible to obtain the insurance required to be furnished by Lessee under this Lease. D. 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 to 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. E. City Temporary Use. Lessee acknowledges that the City reserves the right to temporarily 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. F. 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. G. Partial Destruction. If after the Effective Date of this Lease, the Premises become 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 to its condition at the time of lease execution. 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 7. Parking. Parking space is available adjacent to the office space, as shown in Exhibit B, on an exclusive basis and may be used for parking cars and other passenger motor vehicles used by the Lessee and its customers, guests, and patrons and persons or companies doing business with Lessee. Lessee acknowledges that use of the parking space shall fully comply with all of the Airport's rules and regulations for parking and vehicle usage at the Premises and adjacent parking areas and shall require users, customers, patrons, and guests of Lessee to do so as well. Vehicular parking in the areas included in the Premises shall be restricted to parking directly related to Lessee's operations on the Premises by Lessee, its officers, employees, representatives, agents, contractors, subcontractors, invitees, guests, and suppliers. Access to vehicular parking areas within the Premises shall be coordinated through the Airport's overall parking management program. Page 3 of 19 Section 8. 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, which consent shall not be unreasonably withheld or delayed. Section 9. 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 10. Subordination to U.S./FAA Requirements. This Lease is subordinate to the provisions of any existing or future agreement between the City, acting through the Airport, and the United States of America relating to the operation or maintenance of the Airport, where the execution of said agreement(s) is required as a condition to the expenditure of federal funds for the development of the Airport. If the effect of said agreement(s) with the United States, either under this Section 9 or under Section 8 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. Section 11. Development of Improvements. 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. Where required by law, approval of the City is subject to the concurrence of the FAA. Any constructed improvements must substantially conform to the plans, specifications, and requirements approved by the City and FAA, if applicable. B. ANY APPROVALS BY THE 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. C. When required by the City, Lessee will furnish to the City two sets of complete plans and specifications for improvements proposed to be placed or constructed on the Premises and complete as-built plans following completion of construction. No work may be performed by Lessee or its contractors without the prior written approval of such plans by the City, acting through its Aviation Director and its Director of Engineering Services. D. Upon termination of this Lease, ownership of any improvements constructed by Lessee on the Premises during the term of this Lease reverts to the City free and clear of all liens, claims, and other encumbrances or adverse interest in the Premises or the Improvements Page 4 of 19 located thereon. Section 12. 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 good, safe condition. Lessee shall maintain all leasehold improvements on the Premises (including, without limitation, parking lots, sidewalks, roofs, 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. Any landscaping must be well-maintained and kept in a neat and tidy condition by the Lessee. 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. 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 intact, in good repair, and in a condition so that said 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 notice unless an emergency exists, enter upon the Premises to 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 correct or 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 13. Security. Lessee, its officers, employees, agents, contractors, and invitees must comply with all applicable federal and local security regulations, as the same may be amended. To the extent allowed by law, 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 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 whether the fine, charge, or penalty is levied against the City or the Lessee. Page 5 of 19 Section 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 15. 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 15%. Section 16. Aerial Approaches. The Aviation Director may take any action necessary to protect the Airport's aerial approaches against obstruction, including the right to prevent Lessee from erecting or permitting to be erected any building or structure on or adjacent to the Airport which, in the Aviation Director's opinion, would limit the usefulness of the Airport or constitute a hazard to aircraft. Section 17. 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 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. No fuel storage tanks shall be located or permitted on the Premises. Page 6 of 19 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 Safety Data Sheets ("SDS") 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. Lessee will require any operator of the facilities on the Premises to use best efforts to determine which hazardous substance or material was accidentally discharged and ensure that the SDS sheet is available for the first responders to 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 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 18. 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, 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. Page 7 of 19 B. Nondiscrimination-Business Owner. This agreement (aka Lease) 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. The Lessee will undertake any affirmative action program if required by 14 CFR Part 152, Subpart E, to ensure that the Lessee will not exclude any person from participating in any employment activity covered by 14 CFR Part 152, Subpart E, on the grounds of race, creed, color, national origin, sex, age, or disability. The Lessee will not exclude any person on these grounds from participation in or the receipt of the service or benefit of any program or activity covered by the subpart. The Lessee further understands that it will require its covered sub organizations, if any, to provide assurances to the City that they will also undertake any required affirmative action programs, if required, and require assurances from their sub- organizations, if required pursuant to 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 19. 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. 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. Lessee shall comply with all applicable laws, rules, and regulations of the State of Texas. Page 8 of 19 D. Local. Lessee shall comply with all applicable City ordinances, and rules and regulations promulgated by the Aviation Director. Section 20. 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 21. 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. In the event the Lease is not continued, the City will reimburse the Lessee the cost of improvements on a pro-rata basis. Section 22. 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, water, wastewater, electricity, cable, Internet, and telephone charges that are supplied to the Premises during the term of the Lease as the charges become due and payable. 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 HAS AGREED TO FURNISH. Page 9 of 19 C. 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 23. 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 24. 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 ALL ACTIONS BASED THEREON WITH COUNSEL 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. Page 10 of 19 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 10 days of Lessee's receipt of same. Section 25. Assignment and 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 case 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 provided in this Lease. Section 26. 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 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 days; or a. 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 Page 11 of 19 for at least 180 days; or b. 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. 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 payment the rent, fees, or other charges due under the Lease for 10 business days or more; 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 any action sought under any present of future insolvency law or statute, against Lessee and which is not dismissed within 30 days after the filing date; 4. Abandons the Premises ["abandon" shall mean 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 other material covenant of this Lease and continues the default for thirty (30)days, or such other time as may be provided herein, after receipt of written notice from the Aviation Direct 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 default, Lessee shall not be deemed in default if Lessee commences the remedy process with the applicable period and thereafter diligently prosecutes the same to completion with a reasonable time period as agreed to bey the Aviation Director; otherwise, Lessee will be determined to be in default. C. 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 except Protected Health Information (PHI) as defined by the Health Insurance Portability Accountability Act (HIPAA) 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 Page 12 of 19 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 Premises within ten (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 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. D. Notice of Termination. If an event of material default occurs, and after due written notice identifying the default, the defaulting party has failed to cure or failed to commence to cure, the complaining party may at any time after the expiration of any such cure period terminate this Lease by providing written notice of termination to the defaulting party. The Lease will be terminated on the date specified in the notice but not sooner than 10 business days after the postmarked date of the notice. E. Improvements Revert to City. Except for the 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 27. 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 28. Holdover. Any holding over by Lessee of the Premises after the expiration of this Lease will be on a month-to-month tenancy at sufferance not to exceed 18 months, at the then current monthly rent, and subject to surrender upon 30 days' prior written notice. Failure to timely surrender the Premises following written notice subjects Lessee to a monthly holdover fee of 125% of the then-current fair market rental value for the Premises. Section 29. Notices. A. With the exception of immediate notices to be provided to the City under the hazardous materials/substances provision of Section 17 and the indemnification provisions of Section 24 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 as properly addressed below: If to City: Director of Aviation Corpus Christi International Airport 1000 International Drive Page 13 of 19 Corpus Christi, TX 78406 361-826-3232 If to Lessee: Chief Financial Officer Berry Contracting, LLP 1414 Valero Way Corpus Christi, Texas 78409 361-693-2100 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 under any of the methods set out in this section. Section 30. Disclosure of Interest; Conflicts of Interest. 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, in compliance with Texas statutory requirements, to electronically complete and file Form 1295 "Certificate of Interested Parties" on the Texas Ethics Commission's website and to provide the certified, executed, and notarized form to the City as a condition of this Lease. Section 31. 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 reserves the right to conduct or provide for testing and removal of any such City-owned water, gas, oil, or minerals from the Premises. B. No Waiver of Forfeiture. Any failure or neglect of the City or Lessee at any time to declare a forfeiture of this Lease for any breach or default whatsoever hereunder does not waive City's or Lessees right thereafter to declare a forfeiture for like or other or succeeding breach or default. 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 Page 14 of 19 Lease and the obligation of City to deliver the Premises. D. Rules and Regulations. City has adopted minimum operational standards ("Minimum Standards") and rules and regulations ("Rules and Regulations"), 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 herein by reference. Lessee agrees to comply fully at all times with these governing documents. City, in its sole discretion, shall have the right to amend, modify, and alter these Minimum Standards and 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 City, Lessee, and all other tenants and customers of the Airport; provided, however, that City 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. No provision of this Lease creates a third party claim against the City or the Lessee beyond that which may legally exist in the absence of any such provision. G. Permits, Licenses, and Taxes. Lessee shall procure all permits and licenses, pay all charges, fees, and taxes including, but not limited to, all 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, and 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 must provide proof of payment of any tax within 10 days after the City Manager's written request for the same. 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. Publication. Lessee must pay all newspaper publication costs, if any, for this Lease as required by the City Charter. K. Incorporation of Exhibits. All exhibits referred to in this Lease are intended to be and hereby are specifically made a part of this Lease. Exhibit A - Leased Premises (Aerial) Exhibit B - Site Plan of Leased Premises and Rental Rates Page 15 of 19 Exhibit C - Insurance Requirements Exhibit D - Disclosure of Interest L. Incorporation of Required Provisions. City and Lessee incorporate herein by this reference all provisions lawfully required to be contained herein by any governmental body or agency. M. Nonexclusive Rights. It is understood and agreed that nothing herein contained 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 Premises. N. Removal of Disabled Aircraft. Lessee shall promptly remove any disabled aircraft that is in the care, custody, or control of Lessee from any part of the Airport (other than the Premises) including, without limitation, runways, taxiways, aprons, and gate positions and place any such disabled aircraft in a storage area as may be designated by the Aviation Director. Except as to aircraft subject to bailment and/or for which Lessee is owed money from a customer, Lessee may store such disabled aircraft only for such length of time and on such terms and conditions as may be established by City. If Lessee fails to remove any of disabled aircraft promptly, the Aviation Director may, but shall not be obligated to, cause the removal of such disabled aircraft, provided, however, the obligation to remove or store such disabled aircraft shall not be inconsistent with federal laws and regulations and Lessee agrees to reimburse City for all costs of such removal, and Lessee further hereby releases City from any and all claims for damage to the disabled aircraft or otherwise arising from or in any way connected with such removal by City unless caused by the negligence or recklessness of City. O. Airport Access License/Permit. City reserves the right to establish a licensing or permit procedure for vehicles requiring access to the Airport operational areas and to levy directly against Lessee or its suppliers a reasonable regulatory or administrative charge (to recover the cost of any such program) for issuance of such Airport access license or permit. P. Compliance with 14 CFR Part 77. Lessee agrees to comply with the notification and review requirements covered in Part 77, Title 14, Code of Federal Regulations, FAA Regulations, in the event future construction of a building is planned for the Premises, or in the event of any planned modification or alteration of any present or future building or structure situated on the Premises. Q. Reservations re: Airspace and Noise. There is hereby reserved to the City, its successors, and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Premises. R. Inspection of Books and Records. Each party hereto, at its expense and on reasonable notice, shall have the right from time to time to inspect and copy the books, records, and other data of the other party relating to the provisions and requirements of this Lease, provided, such inspection is made during regular business hours, and such is not prohibited by the federal government. S. Independent Contractor. Lessee is not an employee or agent of the City by Page 16 of 19 reason of this Lease or otherwise. Lessee shall be solely responsible for its own acts and omissions and the acts and omissions of its employees, representatives, agents, contractors, and subcontractors arising from or relating to its operations or activities at the Airport or the lease of the Premises. T. Authority of Lease. Lessee warrants and represents that it has the right, power, and legal capacity to enter into, and perform its obligations under this Lease, and no approvals or consents of any additional persons are necessary in connection with it. The execution, delivery, and performance of this Lease by the undersigned Lessee representative have been duly authorized by all necessary corporate action of Lessee, and this Lease constitutes a legal, valid, and binding obligation of Lessee, enforceable in accordance with its terms. U. Authority of the Aviation Director. The Aviation Director shall administer this Lease on behalf of City. Whenever this Lease calls for approval by the City, such approval shall be evidenced, in writing, by either the Aviation Director or by the City Manager if so required by the City's City Charter. In no event shall this language be considered a waiver by Lessee to object to decisions made by the Aviation Director which the Lessee considers to be arbitrary, capricious, or inconsistent with any express obligations to act reasonably as set forth in this Lease. V. Consent. Unless stipulated otherwise herein, whenever the consent or approval of either party is required or authorized under this Lease, such consent or approval shall not be unreasonably withheld, unreasonably conditioned, or unreasonably delayed. W. Net Lease. It is the intent and purpose of the City and Lessee that all rent payable by Lessee shall be absolutely net to the City so that this Lease shall yield to City the entire rent specified, in each year of this Lease, free of any charges, assessments, impositions, or deductions of any kind or character which may be charged, assessed, or imposed on or against Lessee or the Premises and without abatement, deduction, or set-off by Lessee. X. Noise Control. Lessee, for itself and each of its officers, representatives, agents, employees, contractors, subcontractors, invitees, guests, and suppliers shall not conduct any operation or activity on the Premises, or elsewhere at, in, or on the Airport in which the sound emitting therefrom is of such volume, frequency, or intensity at such time as to constitute a nuisance. The Aviation Director shall have the sole authority to determine what constitutes a nuisance under the provisions of this Lease, except those operations and activities having noise levels not in violation of federal, State, or local governmental standards shall not be deemed a nuisance. Y. Time is of the Essence. Time shall be of the essence in complying with the terms, conditions and provisions of this Lease. Z. Utilities. The tenant is responsible for paying all utility bills and deposits associated with the Leased Premises. Page 17 of 19 ARTICLE 32. ENTIRE AGREEMENT This Lease comprises the final and entire understanding and agreement, including all terms and conditions included herein, between the parties hereto and supersedes all other agreements, oral or otherwise, regarding the subject matter hereof, none of which shall hereafter be deemed to exist or to bind the parties hereto. The parties intend that neither shall be bound by any term, condition or representation not herein written. (EXECUTION PAGE FOLLOWS) Page 18 of 19 EXECUTED IN DUPLICATE ORIGINALS on the dates indicated below. CITY OF CORPUS CHRISTI BERRY CONTRACTING, LP Nadia Chandler-Hardy, James Bliss Assistant City Manager General Partner James Bliss Printed Name Printed Name Date: Date: 06/06/2023 ATTEST: AUTHORIZED BY Rebecca Huerta, City Secretary COUNCIL ON Date: SECRETARY Approved as to form: Assistant City Attorney for Miles Risley, City Attorney ACKNOWLEDGMENT STATE OF § § KNOW ALL BY THESE PRESENTS: COUNTY OF § This instrument was acknowledged before me on 2023, by James Bliss, General Partner of Berry Contracting, LP, a Texas for profit corporation, on behalf of the corporation. Notary Public, State of lzk— me IT Ag— __.... 544 oww. Ag - St o - - 44 a+ 0 1 o v • 753 .r N EXHIBITA Prepared by: Randy Schumann BERRY CONTRACTING L.P.SITE PLAN wECC1 t, �01111111111111& 437 Pinson Drive Approved by: Tyler Miller Corpus Christi % Date: 05/30/2023 s International Airport Not to Scale Sheet No.1of1 C1UserslRandySZCity of Corpus ChristRAirport Staff-SharedlEngineeringlAirport Ten ants LeaseMestGA\Berry T a �.. rz ' ;�F 5,0001 5500 WOF , ;- WEST WOFI Sq.Ft. -4 H-4 s Sq.Ft. r 100, 30,000 Sq.Ft. 300' LEGEND Annual Category Square Market Monthly Annual Apron 30,000 Sq.Ft. Feet Rent Per Rent Rent Sq Ft Hangar 4 13,750 Sq.Ft. Apron 30,000 $ 0.60 $1,500.00 $18,000.00 Office 2,500 Sq.Ft. Hangar(WGA H-4) 13,750 $ 1.95 $2,234.38 $26,812.50 Office Associated with Hangar(WGA OF-3) 2,500 $ 6.20 $1,291.67 $15,500.00 Storage 2,500 Sq.Ft. Storage Associated with Hangar(WGA OF-4) 2,500 $ 3.00 $ 625.00 $ 7,500.00 Vehicle Area 10,500 Sq.Ft. Vehicle Area 10,500 $ 0.50 $ 437.50 $ 5,250.00 Totals 59,250 $6,088.54 $73,062.50 ' � EXHIBIT B Prepared by: Randy Schumann CBERRY CONTRACTING L.P.LEASED PREMISES ' t,,�011111111111& 437 Pinson Drive Approved by: Tyler Miller 5 Corpus Christi Date: 05/30/2023 International Airport I Not to Scale Sheet No.I oft C1UserslRandySZCity of Corpus ChristMirport Staff-SharedlEngineeringlAirport Tenants LeaselwestGA\Berry 50 25' 120' 25' 70' �- - - -- - -- - - - - -- i i i i I G OF-4 WEST ' 100' 2,500 101' H-4 100' i Sq.Ft. 12,120 Sq.Ft. i i i OF-3 2,500 ' — -- — — Sq.Ft. --------------- i i i + wCe ' � EXHIBIT B Prepared by: Randy Schumann lw BERRY CONTRACTING L.P.LEASED PREMISES Approved by: 437 Pinson Drive Tyler Miller � 9 Corpus Christi International Airport Not to Scale Sheet No.2of2 Date: 05/30/2023 C1Users\RandySZCity of Corpus Christi\Airport Staff-Shared\EngineeringlAirport Ten ants Lease\WestGA\Berry EXHIBIT C INSURANCE REQUIREMENTS I. LESSEE'S LIABILITY INSURANCE A. Lessee (Berry Contracting, L.P.) 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 to commence work until all similar insurance required of any subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance (COI)with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured 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 $10,000,000 Per Occurrence El 4. Contractual Liability 5. Independent Contractors $20,000,000 Per Occurrence ❑ 6. Personal Injury- Advertising Injury Required ® Not Required ❑ AUTO LIABILITY (including) $5,000,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased Required ® Not Required ❑ WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $1,000,000/$1,000,000 /$1,000,000 Required ® Not Required ❑ HANGARKEEPERS LIABILITY $2,000,000 Per Occurrence Repair, taxiing or towing of aircraft, or in any $2,000,000 Per Aircraft way having care, custody or control of third- party aircraft. Required ® Not Required ❑ AIRCRAFT LIABILITY (including) $1,000,000 Per Occurrence 1. Owned 2. Hired and Non-Owned 3. Rented/Leased $10,000,000 Per Occurrence El Bodily Injury and Property Damage Including $20,000,000 Per Occurrence ❑ Passengers, Caused by Operations of Aircraft. In Air and On Ground. Required ® Not Required ❑ Commercial Self-Fueling. Page 1 of 4 AIRPORT LIABILITY INSURANCE $10,000,000 Per Occurrence (FBO's) Including products and completed operations, property damage,bodily injury,and owned and non-owned aircraft coverage. Required ❑ Not Required CRIME/EMPLOYEE DISHONESTY $25,000 Per Occurrence Lessee shall name the City of Corpus Christi, Texas as Loss Payee Required ® Not Required ❑ (Insurance Limit Subject to Change Based on Risk Review of Actual Receipts) POLLUTION LEGAL LIABILITY $2,000,000 Per Claim (Including Cleanup and Remediation) (Defense costs not included in face value of the Fuel Storage Tanks and Fueling or Refueling policy) Operations. If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 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 ❑ PROPERTY INSURANCE $1,000,000 Per Occurrence Lessee shall maintain property coverage on an "ALL RISK OF PHYSICAL LOSS" form for 100% of the value of all improvements leased from the City. Coverage shall include fire, wind, hail, theft, vandalism, and malicious mischief. Coverage shall be written on a replacement cost basis. Lessee shall name the City of Corpus Christi, Required ® Not Required ❑ Texas as Loss Payee. 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. 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. Page 2 of 4 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 Agreement, 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 must 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 agreement. Failure to provide and to maintain the required insurance shall constitute a material breach of this agreement. 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. Page 3 of 4 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. 2023 Insurance Requirements Ins. Req. Exhibit- Aviation Contracts for General Services Performed Onsite—Berry Contracting, L.P. 05/03/2023 Risk Management—Legal Dept. Page 4 of 4 �pUS C� oka ❑ ATTACHMENT D: DISCLOSURE OF INTEREST FORM U CITY OF CORPUS CHRISTI - oaP ,ra DISCLOSURE OF INTEREST 1S52 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: Berry Contracting, L.P. d/b/a Bay Ltd P. O. BOX: STREET ADDRESS: 1414 Valero Way CITY: Corpus Christi STATE: Texas ZIP: 7846J- FIRM IS: 1. Corporation ❑ 2.Partnership3.Sole Owner 714. Association 5.Other Ix LIIIIIICU rdllllCIJIIIFJ 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 21 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: James Bliss Title: VP & CID Signature of 06/06/2023 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 CCI A AUM Corpus Christi International Airport Berry Contracting, L. P. Lease Agreement Council Presentation July 18, 2023 Cr! Lease Agreement Corpus Christi / International Airport • Staff is requesting City Council to authorize a five-year lease agreement with an option of three (3) additional twelve (12) month terms for renewal with Berry Contracting for 13,750 square feet of hangar space, 2,500 square feet of storage, 30,000 square feet apron space, 10,500 square feet of parking, and 2,500 square feet of office space at the Corpus Christi International Airport (CCIA). • Berry Contracting initial term for five (5) year cost: -Monthly Rent Cost: $ 6,088.54 -Annual Cost: $ 73,062.50 • Berry Contracting will be subject to any rate adjustment based on current and future terminal rate assessments. Proposed Lease Agreement Cr! Corpus Christi International Airport r Pk@E f C` '1 3 L i "060 DF WEST WO tt - 06' 30.600 .. , I_ �I 300' '`. _ �" q` 21-1, LEGEND Square Market Monthly Annual CatCgOYy Apron 30Feet Rent Per Rent RenT ,404-5,q I Sq F[ Han9ar4 13,75p Sq.Ft. _Ap.rnr, so.00a 5 c_:,o 51.".]1):Io $18.0 OO Office 2,500 Sq.Ft. H—g6 r JWGA H 4 13,750 $ 1.95 7.734.38 5 76.812.50 Office A—dated with Hangar•aVGA OF-3) 2.500 5 6.20 51.2 N.17 5 15.500.00 Storage 2,500 Sq.Ft. 5t—g,Assod—d with H.—g-OVGA 6F-4) 2 SOL] 5 3 OO 5 o,20 5 7.500 OG Vehicle Area 1o,5o0 Sq.Ft, Vehicle Arca 10.590 $ 0.50 5 437.50 $ 5,250.00 TOWS 59,z54 6,063.54 i 73,062-50 • Berry Contracting will lease the West Hangar#4 along with associated office space,storage, apron,and parking spaces. Cr! i Corpus Christi International Airport • City Staff recommends approval of the five-year lease agreement. • The Airport Board recommended approval of the lease agreement at their regular scheduled meeting that took place on June 28, 2023. so �o o� A PH v AGENDA MEMORANDUM WoRPORPg4 First Reading at City Council Meeting on July 18, 2023 1852 Second Reading at City Council Meeting on July 25, 2023 DATE: July 18, 2023 TO: Peter Zanoni, City Manager FROM: Robert Dodd, Director of Parks and Recreation Department RobertD4@cctexas.com (361) 826-3133 Amendment to the FY 2023 Capital Improvement Budget for the Design of a Helicopter Pedestal CAPTION: Ordinance amending the description of Project#23052 Sherrill Park Military Monument, as shown in the FY 2023 Capital Improvement Budget, by clarifying that the design of a helicopter pad is included in the project. SUMMARY: Initially, the description for Project#23052-Sherrill Park Military Monument did not include specific language for the design of a pedestal/pad for the Bell Helicopter monument. Clarified language is deemed necessary to address the design cost for the helicopter pedestal/pad. The FY 2023 Capital Budget, adopted by Ordinance No. 032856, will be amended by adding an additional sentence to the description to specifically include design costs for a helicopter pedestal/pad. BACKGROUND AND FINDINGS: Sherrill Veterans Memorial Park (SVMP) is located on the City's bayfront adjacent to the Art Center and Marina and is approximately 2.7 Acres. The park is a place of honor and reflection to those who made the ultimate sacrifice in military service; provides natural beauty and peace for quiet meditation. The Sherrill Veterans Memorial Master Plan was adopted by the Mayor & City Council on March 7, 2023. The overall plan for the park includes future monuments/amenity improvements. The current project includes memorials dedicated to each branch of the armed services which will provide monuments to honor each military branch and contributions of every veteran — past and present for their service and sacrifice. Several additional monuments have been offered/donated to enhance the park, one being a US Army UH-1, Bell Huey Helicopter. The helicopter will be a monument to the local/national armed forces of Corpus Christi Army Depot & Naval Air Station Corpus Christi. ALTERNATIVES: Mayor & City Council may choose to not amend the FY 23 Capital Improvement. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommendation is to approve the amendment as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance amending the description of Project#23052 Sherrill Park Military Monument, as shown in the FY 2023 Capital Improvement Budget, by clarifying that the design of a helicopter pad is included. WHEREAS, clarifying language is deemed necessary to address that the design cost for a helicopter pad was and is included for Project #23052 in the FY 2022-2023 (FY 2023) Capital Improvement Budget. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The FY 2023 Capital Budget, adopted by Ordinance No. 032856, is amended by adding an additional sentence to the description for Project #23052, entitled "Sherrill Park Military Monument," to specifically clarify that design costs for a helicopter pad were and are included. 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 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: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor CORPUS CHRISTI PARKS& RECREATION FY 2023 Capital Improvement Budget Amendment for the Helicopter Pedestal in Sherrill Park City Council Meeting July 18, 2023 Background CORPUS CHRISTI PARK56. • As adopted, the description for CIP Project #23052-Sherrill Park Military AE�AEAT,o� Monument, did not include specific language for the pedestal/pad for the Bell Helicopter Monument • The FY 2023 Capital Budget, adopted by Ordinance No. 032856, will be amended to add an additional sentence to the description to specifically include design costs for a helicopter pedestal/pad • The Sherrill Veterans Memorial Master Plan was adopted by the Mayor & City Council on March 7, 2023 and provides for the installation of the Bell Helicopter Monument • The design for the originally planned memorials dedicated to each branch of the armed services continue to move forward & the City intends to provide memorials to honor each military branch & contributions of every veteran — past & present, for their service & sacrifice z Bell Huey Helicopter Rendering CORPUS CHRISTI PARK56 Several additional monuments have been offered/donated to enhance the park, one being a US Army UH-1, Bell Huey Helicopter to honor local/national armed forces of Corpus Christi Army Depot& Naval Air Station Corpus Christi. Conceptual rendering for illustration purposes only SHE I'll �_ YetmM ma"i `oapus�y''�s �g 2 4 " � r \\ S I c �i Conceptual Pedestal Rendering SORPIJB CHRISTI P A R K S 6 /1 �G r 5 Recommendation GO Fa Pus CHRISTI PA RK56 iiECREATION • Staff recommends approval of the ordinance amending the description of the Sherrill Park Military Monument CIP project by clarifying that the design of a helicopter pedestal/pad is included. 6 Capital Improvement Plan 2023 111ril 2025 City of Corpus Christi, Texas Project# 23052 Q. Project Name Sherrill Park Military Monument Type Improvement/Additions Department Parks and Recreation Useful Life 25 years Contact Parks Director r i Category Site Improvements Priority 4 Important-Community Investment Status Active w_ Description The project consists of the design of a memorial monument for Sherrill park to honor our Veterans.Additionally,this project will include the design for a pad that will display the donated Bell Helicopter. Justification Meets the department's mission to manage and maintain parks,beaches,open spaces,and recreational facilities for the community. Expenditures Prior Years 2023 2024 2025 Total Design 90,000 90,000 Eng,Admin Reimbursements 10,000 10,000 Planning 100,000 100,000 Total 200,000 200,000 Funding Sources Prior Years 2023 2024 2025 Total General Fund 100,000 100,000 Certificates of Obligation(Prior) 100,000 100,000 Total 200,000 200,000 Budget Impact/Other There is no projected operational impact with this project at this time.Maintenance costs to be budgeted in the general fund once project is completed. 91 se o H v AGENDA MEMORANDUM NOgpOPPt EPublic Hearing and First Reading for the City Council Meeting of July 18, 2023 1852 Second Reading for the City Council Meeting of July 25, 2023 DATE: June16, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, Development Services Department Alraymond@cctexas.com (361) 826-3275 Rezoning for a property at or near 1113 Comanche Street CAPTION: Zoning Case No. 0523-02, Diego Vasquez (District 1). Ordinance rezoning property at or near 1113 Comanche Street from the "Cl" Intensive Commercial District to the "IL" Light Industrial District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommended denial in lieu thereof, approval of the "CI/SP" Intensive Commercial District with a Special Permit.). (3/4 favorable vote required to overrule Planning Commission, UDC § 3.3.3.C.1). PURPOSE: The purpose of this item is to rezone the property to allow for the warehousing of goods, welding, and a machine repair shop. BACKGROUND AND FINDINGS: The zoning report states the subject property is 0.17 acres in size and vacant. To the north, south, and east, properties are zoned "Cl" Intensive Commercial District, and their uses are Professional Office, vacant, and Medium-Density Residential respectively. Properties to the west are zoned "IL" Light Industrial with Professional office use. The applicant purchased the subject property in 2020 to expand separate business endeavors to include custom welding services. It is adjacent to the 2 properties on N. Staples Street and Waco Street that he acquired in 2016. The two properties include a barbeque restaurant in N. Staples that is open for the early lunch hour and a welding shop. The applicant has taken steps to clear the subject property to avoid vandalism and vagrancy and expand his business where he is the sole employee. The "IL" District is intended primarily for light manufacturing, fabricating, warehousing, and wholesale distributing and permits certain public/civic uses and commercial uses, such as retail sales and service, restaurants, vehicle and equipment maintenance, medical facilities, social service uses, government facility uses, self-service storage uses, and major/minor utility uses. The proposed rezoning is inconsistent with the Future Land Use Map, however, is consistent with many broader elements of the City of Corpus Christi Comprehensive Plan. Public Input Process Number of Notices Mailed: • 19 within 200-foot notification area • 5 outside notification area. As of July 14, 2023.- In 023:In Favor In Opposition 0 inside notification area 0 inside notification area 0 outside notification area 0 outside notification area A total of 3.65 % of the 200-foot notification area is in opposition. RECOMMENDATION: Planning Commission and Staff recommended denial of a change in zoning from the "Cl" Intensive Commercial District to the "IL" Light Industrial District, and in lieu, approval to the "CI/SP" Intensive Commercial District with a Special Permit on May 31, 2023. Special Permit subject to the following conditions: 1 . Use: The only use allowed on the subject property other than uses permitted in the base zoning districts are warehousing of goods, welding, and a machine repair shop. 2. Screening Fence: A minimum of a seven-foot-tall screening fence is required to be constructed. 3. Lighting: All lighting shall be shielded, and pole lights shall be of the full cut-off type. All light fixtures within 50 feet of the property boundaries adjacent to residential zoning districts shall be no greater than 15 feet in height. 4. Outdoor storage is prohibited. 5. Welding and machine repair shall be done entirely within an enclosed building. 6. Hours of Operation: The hours of operation shall be limited from 6:00 AM to 10:00 PM. 7. Signage: No pole-mounted signage is allowed along Waco Street. 8. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code. 9. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 10.Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Vote Results For: 8 Against: 0 Absent: 1 ALTERNATIVES: 1 . Approval of the change of zoning from the "Cl" Intensive Commercial District to the "IL" Light Industrial District. FINANCIAL IMPACT: There is no fiscal impact associated with this item. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0523-02, Diego Vasquez (District 1). Ordinance rezoning property at or near 1113 Comanche Street from the "Cl" Intensive Commercial District to the "CI/SP" Intensive Commercial District with a Special Permit; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommended denial in lieu thereof, approval of the "CI/SP" Intensive Commercial District with a Special Permit.). (3/4 favorable vote required to overrule Planning Commission). 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 appear and 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 appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property being Lot 6, Block A, Bluff portion of the Plan of City of Corpus Christi as shown in Exhibit "A": From the "Cl" Intensive Commercial District to the "CI/SP" Intensive Commercial District with a Special Permit. The subject property is located at or near 1113 Comanche Street. Exhibit A, a map , is attached to and incorporated in this ordinance. The Special Permit granted in this Section of this ordinance is subject to the following conditions: 1 . 1 . Use: The only use allowed on the subject property other than uses permitted in the base zoning districts are warehousing of goods, welding, and a machine repair shop. 2. Screening Fence: A minimum of a seven-foot-tall screening fence is required to be constructed. 3. Lighting: All lighting shall be shielded, and pole lights shall be of the full cut-off type. All light fixtures within 50 feet of the property boundaries adjacent to residential zoning districts shall be no greater than 15 feet in height. 4. Outdoor storage is prohibited. 5. Welding and machine repair shall be done entirely within an enclosed building. 6. Hours of Operation: The hours of operation shall be limited from 6:00 AM to 10:00 PM. 7. Signage: No pole-mounted signage is allowed along Waco Street. 8. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code. 9. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 10.Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. 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 by a fine not to exceed $2,000.00 for each offense; as provided in Article 1 , Section 1 .10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 2 of 4 EXHIBIT A 777 CI CI S UBJEC.T COMANCHE SIPROPERTY CI L L. CI V) 0 z IL CASE: 0523 02T`' N SUBJECT PROPERTY WITH ZONING E { Subject Property A-1 Apartment House Dish rt -� Dmitad lndus[dal District A-tA Aparcment House DiDda 1-z DghtI FialDimr,t Corpus A-2 Apartment House Dish rt 1-3 H eavy lndusthal District AB Pmtessi anal Or—District PUD Planned Uniroevelopment AT Apartment-ToudnDinrict R-lA One Family Dwelling District SUBJEBT� - NeighdemeadBuemessDick- R-te oni1—ilyDwellmgDismet PROPERTY &1A Neig hhorhood Business District R-lc One Family Dwe lli ng District B2 BaytantBus Dst.D R-2 Multiple D II gDyt t B-7A Barr erlslandB Di4dct RA 0 F lyDwelling DsMct B3 Business Ds[ t RE Re,d t l Ektatc DioFnt D-0 General Business District R-TH Townhouse Dwelling District - BI Primary Business Distad SP Special Permit B-B Primary B usiness Core District TTA Travel Trailer Park District eD cnp,nschns-rleeaenDesgnD157. r-le Maner�ev,redHnmePan:olnda City of Esri,HERE F-R Fay Real Digdm T-ic Manuh h ed Hnme subdivisien Corpus LOCATION MAP HC Histerica�cultural Landmark Dish. Pr sem eon Christi w Page 3 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 4 of 4 Zoning Case No. 0523-02, Diego Vasquez (District 1). Ordinance rezoning property at or near 1113 Comanche Street from the "Cl" Intensive Commercial District to the "IL" Light Industrial District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommended denial in lieu thereof, approval of the "CI/SP" Intensive Commercial District with a Special Permit.). (3/4 favorable vote required to overrule Planning Commission). 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 appear and 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 appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property being Lot 6, Block A, Bluff portion of the Plan of City of Corpus Christi as shown in Exhibit "A": From the "Cl" Intensive Commercial District to the "IL" Light Industrial District. The subject property is located at or near 1113 Comanche Street. Exhibit A, a map , is attached to and incorporated in this ordinance. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1 , 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable by a fine not to exceed $2,000.00 for each offense; as provided in Article 1 , Section 1 .10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 2 of 4 EXHIBIT A 777 CI CI S UBJEC.T COMANCHE SIPROPERTY CI L L. CI V) 0 z IL CASE: 0523 02T`' N SUBJECT PROPERTY WITH ZONING E { Subject Property A-1 Apartment House Dish rt -� Dmitad lndus[dal District A-tA Aparcment House DiDda 1-z DghtI FialDimr,t Corpus A-2 Apartment House Dish rt 1-3 H eavy lndusthal District AB Pmtessi anal Or—District PUD Planned Uniroevelopment AT Apartment-ToudnDinrict R-lA One Family Dwelling District SUBJEBT� - NeighdemeadBuemessDick- R-te oni1—ilyDwellmgDismet PROPERTY &1A Neig hhorhood Business District R-lc One Family Dwe lli ng District B2 BaytantBus Dst.D R-2 Multiple D II gDyt t B-7A Barr erlslandB Di4dct RA 0 F lyDwelling DsMct B3 Business Ds[ t RE Re,d t l Ektatc DioFnt D-0 General Business District R-TH Townhouse Dwelling District - BI Primary Business Distad SP Special Permit B-B Primary B usiness Core District TTA Travel Trailer Park District eD cnp,nschns-rleeaenDesgnD157. r-le Maner�ev,redHnmePan:olnda City of Esri,HERE F-R Fay Real Digdm T-ic Manuh h ed Hnme subdivisien Corpus LOCATION MAP HC Histerica�cultural Landmark Dish. Pr sem eon Christi w Page 3 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 4 of 4 ZONING REPORT Case # 0523-02 Applicant & Subject Property City Council District-1 Owner: Diego Vasquez Applicant: Diego Vasquez Address: 1113 Comanche Street, located along the south side of Comanche Street, east of Waco Street, and west of North Staples Street (FM 2444) Legal Description: Lot 6, Block 2020, Bluff Portion Acreage of Subject Property: 0.17 acres Pre-Submission Meeting: April 20, 2023 Zoning Request From: "Cl" Intensive Commercial District To: "IL" Light Industrial District Purpose of Request: To allow for the warehousing of goods, welding, and a machine repair shop. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site Vacant North Professional Office "Cl" Intensive Commercial South Vacant Mixed Use East Medium-Density Residential West "IL" Light Industrial Professional Office Plat Status: Platted. Military Compatibility Area Overlay District: No. Code Violations: None. Transportation and Circulation Designation-Urban Section Proposed Section Existing Comanche Street Street "Cl" Minor Residential 2 Lanes, 2 Lanes, Collector 60 Feet 60 feet Waco Street Local Residential 2 Lanes, 2 Lanes, 50 Feet 50 Feet Transit: The Corpus Christi RTA provides service to the subject property via Morgan/Port Route 16, Staples Route 29, and Arboleda Route 21 . Bicycle Mobility Plan: The subject property is located on a proposed 1-way Cycle Track on Comanche Street. Utilities Gas: 2" WS line along Comanche Street. Stormwater: 15" RCP line along Comanche Street. Wastewater: 8" VCP along Waco Street. Water: 6" PVC line along Waco Street. 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 Downtown Area Development Plan (Adopted on May 28, 2013). Water Master Plan: No improvements have been proposed. Wastewater Master Plan: No improvements have been proposed. Stormwater Master Plan: No improvements have been proposed. Public Notification Number of Notices Mailed . 19 within a 200-foot notification area • 5 outside 200-foot notification area In Opposition . 1 inside the notification area • 0 inside the notification area • 3.65 % in opposition within the 200-foot notification area (1 individual property owner) Public Hearing Schedule Planning Commission Hearing Date: May 31 , 2023 City Council 1St Reading/Public Hearing Date: July 18, 2023 City Council 2nd Reading Date: July 23, 2023 Background: The applicant purchased the subject property in 2020. Prior to the purchase of the subject property, the applicant purchased 2 adjacent properties in 2016 on N. Staples Street and Waco Street. The applicant is adjacent to a barbeque restaurant in N. Staples that is open for the early lunch hour and is the owner/operator of a welding shop also located adjacent to the property. The applicant has purchased the subject property to expand separate business endeavors to include custom welding services. The applicant has taken steps to clear the subject property to avoid vandalism and vagrancy and expand his business where he is the sole employee. Zoning Report Page 3 Comprehensive Plan Consistency: • Plan CC: The proposed rezoning is consistent with the following Goals and Strategies for Decision Makers: o Economy and Workforce ■ Corpus Christi has a robust "entrepreneurial ecosystem" that supports a thriving small business community. ■ Promote a community culture that recognizes innovation and entrepreneurship. ■ Corpus Christi is a community of choice for talented entrepreneurs and professionals. o Future Land Use, Zoning, and Urban Design ■ Corpus Christi development patterns support efficient and cost-effective use of resources and high quality of life. ■ 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 Map: The proposed rezoning is inconsistent. o Designated Future Land Use: Mixed Use. o Mixed use can include vertical and horizontal mixture of uses, including housing, offices, ground-floor retail, services, restaurants and entertainment, cultural amenities, and so on. 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 many broader elements of the City of Corpus Christi Comprehensive Plan: • The proposed rezoning promotes an entrepreneurial ecosystem that has proven successful and is expanding. • The prosed rezoning values entrepreneurial innovation supporting two, separate business fronts. • Promotes a mix of land use between lunch hour office and custom welding services. 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 a Special Permit in conjunction with the base zoning district that will only allow the additional use of warehousing goods, welding, and a machine repair shop. Such rezoning will protect the base zoning uses and prohibit more intensive uses that would be allowed in the requested zoning district. Planning Commission and Staff Recommendation (May 31, 2028): Denial of the requested change of zoning in lieu thereof, approval of the "CI/SP" Intensive Commercial District with a Special Permit subject to the following conditions: 1 . Use: The only use allowed on the subject property other than uses permitted in the base zoning districts are warehousing of goods, welding, and a machine repair shop. 2. Screening Fence: A minimum of a seven-foot-tall screening fence is required to be constructed. 3. Lighting: All lighting shall be shielded, and pole lights shall be of the full cut-off type. All light fixtures within 50 feet of the property boundaries adjacent to residential zoning districts shall be no greater than 15 feet in height. 4. Outdoor storage is prohibited. 5. Welding and machine repair shall be done entirely within an enclosed building. 6. Hours of Operation: The hours of operation shall be limited from 6:00 AM to 10:00 PM. 7. Signage: No pole-mounted signage is allowed along Waco Street. 8. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code. 9. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 10.Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Attachments: (A) Existing Zoning and Notice Area map, (B) Returned Notices Zoning Report Page 5 ATTACHMENT A: EXISTING ZONING AND NOTICE AREA CI 5 6 3 4 C! 2 SUBJECT COMA CHE STPROPERTY C! IL 1 17 C I 7 18 16 8 H 19 15 F_ 9 Uj J U7 d z 1D 14 13 11 12 !L CASE: 0523 02 " Zoning and notice Area wb, S RM-1 Multitar ly1 IL Light Industrial RM2 Multifamily 2 IH Heavy Industrial RM-3Multibu ily3 PUD Planned Unit Dee Overlay ON Professional Ofr-- RS-10 Single-Family 10 RM-AT Multitomily AT RS-6SingleTamlly6 erclsl fir= CN-1 Neighborhood CammRS-4.5 Single-Family 4.5 CN-2Neighborhood Commercial RS-TF Two-Family CRA Resort Commercial RS-15 Single-Family 15 Coypus CR-2 Resod Commercial RE Residential Estate - 0iii CG-1 General Commercial RS-TH Townhouse G2 n CGeeral Commercial SP Special Permit CI Intensive Commercial SUBJECT CBD Downtown Commercial RV Recreational Vehicle Park PROPERTY RMH Manufactured Home CR3 Resort Commercial --- FR Farts Rural HHistoric Overlay BP Business Park r.+lYY�r SU*Ct Property Q rnnre �■,1= aC1 Z00'biM r raves 4 owrersw;i.M,200rWisd , Xm C'li}of Esti.HERE - _ altacnedw_.tptabN 0-11-pus LOCATION MAP Christi ATTACHMENT B : RETURNED NOTICES PUBLIC HEARING NOTICE City Council Rezoning Case No. 0523-02 Dle�o Vasquez has pettbontrd ttte Cay of Corpus Ghost to rJ.nt vk r a�terree�Z'X��d If��f+S r "Gl" InUsnslyj Cgipmercia! District to tt "IL`Light tnduYtriat J7istr resuttin in a ha to the Eylyrl Land Use Man.It&property to be rezorwd K de+�.rtred es A prop" located at or near 1113 Comanche Street and described as Lot 6, Block 2M, 81uff Portion,located along the south side of Comanche Street, east of Waco StrewL and west of Nofth Staples Street JFM 2444). Refer to the map on the reverse side. The(,dy Council will conduct a putAic heanng and first reading to mss and aon this request on Tuesda ct y,July 1af 2023 durrrg of r ��• ds regulw meetings, v&,..t� begins at 11:30 a.m Tt,. t ,trig wrd t-- ko4d to the City CCmincd Chambers, 1201 Leopard Street You are ovvd*d to �T4 f attend this public theanng to etpre"your vo--rab on vus rezoning For more .�,.' inforrnabon,call(361)82- -31M The City Council may recommeM cew u>tem-edxate zonrV ctarsstfr,vxxm arKVor Special Permits. Approval of a charge of zon rig,0 mconisrstenf wdh a r—RQ Vie City s Comprehensive Pian vAlt awo have tt* effect ce amerxmV Vie Comprehensive Plan to reflect the approted zorwV Persons with dtsatmi,ues pianntng to attend inns tweeting who may require sped serviciea are requesked tic aarraa ma C+ty Secretary s pffka at least 48 tours M ad vara a at 361-826-31D5 s=usw ationder esta junta y dingrse a la commtssw y au*V;ess es timdado algviw asta!a presF+rte p"0)'u-' a interpreter Para mas iii�rmar=pn.Por favorhamar a fa aWna del s6Grefano do fa cuadad a+number 351-e263145 To be on the record thr. , n must be filled out,signed try the current property awrier(s),wr d teturrled in its Entirety via mad to th,_ Aurn address on this notice or via emad to z 4w Property Owner(s)Name 1� �� on✓I ��G� -3 Address ��1 4'�f lQ L U -)r. ,�. _ Phone No: 3r+% ( ) In Favor ( In Opposition REASONS. gnatu Cao M-ow- E4,-,a goes WA, Ems ae:;���,Qy ccyn PhxJp 36+-�?63Sv8 *OCRs raerr, 23D.-,s; Zoning Case 0523-02 DIEGO VASQUEZ N j d DISTRICT 1 1 Rezoning for a property at 1113 Comanche Street LM' r From "Cl" to "IL" G�'OO p��]WC�IIt1C� �Sf�PGC��PQ� __ SUBJECTS --.. PROPERTY d w s C.ilv of � '- Esri,HERE'OCATION„- LMAPF Chiiui f City Council July 18, 2023 Zoning and Land Use N Proposed Use: To allow for the warehousing of goods, twelding, and a machine repair shop. Area Development Plan: Ci Downtown (Adopted on March 27, 2018) 0mafl61 a yam7fty Future Land Use Map: cl IL Mixed Use ci a Existing Zoning: "Cl" Intensive Commercial District o Adjacent Land Uses: • North: Professional Office, Zoned "Cl" • South: Vacant, Zoned "Cl" • East: Medium, Zoned "Cl" • West: Professional Office, Zoned "IL" Public Notification 19 Notices mailed inside 200' buffer 5 Notice(s) mailed outside 200' buffer s Notification Area 6 SCj 3 2 E Opposed: 1 (3.65 %) Separate Opposed Owners. 1 c 1 "„ , 18 X 16 8 a In Favor: 0 (0.00%) 19 15 9 a 10 13 11 No "Notified property owner's land in SQF/Total square footage of all property in the notification area = Percentage of public li opposition. Analysis And Recommendation • The proposed rezoning promotes an entrepreneurial ecosystem that has proven successful and is expanding. • The prosed rezoning values entrepreneurial innovation supporting two, separate business fronts. • Promotes a mix of land use between lunch hour office and custom welding services. • After evaluation of case material, staff recommends a Special Permit in conjunction with the base zoning district that will only allow the additional use of warehousing goods, welding, and a machine repair shop. • Such rezoning will protect the base zoning uses and prohibit more intensive uses that would be allowed in the requested zoning district. Planning Commission and Staff Recommendation: Denial of the requested change of zoning in lieu thereof, approval of the "CI/SP" Intensive Commercial District with a Special Permit subject to conditions. Special Permit Conditions 1. Use: The only use allowed on the subject property other than uses permitted in the base zoning districts are warehousing of goods, welding, and a machine repair shop. 2. Screening Fence: A minimum of a seven-foot-tall screening fence is required to be constructed. 3. Lighting:All lighting shall be shielded, and pole lights shall be of the full cut-off type.All light fixtures within 50 feet of the property boundaries adjacent to residential zoning districts shall be no greater than 15 feet in height. 4. Outdoor storage is prohibited. 5. Welding and machine repair shall be done entirely within an enclosed building. 6. Hours of Operation: The hours of operation shall be limited from 6:00 AM to 10:00 PM. 7. Signage: No pole-mounted signage is allowed along Waco Street. 8. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code. 9. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 10. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. g h� 7 m u¢, t iQ 4W ONO 114 .7n' M*I�m "low �. . CASE: 0523 02 N W. E Aerial View S. ® Subject Property yard 5l k,: SUBJECT\ PROPERTY f 7 ■_■►1■ " , Lohrrpi f Esri, HERE s ti so �o o� A PH v AGENDA MEMORANDUM WoRPORPg4 1852 Action Item for the City Council Meeting July 18, 2023 DATE: July 18, 2023 TO: Peter Zanoni, City Manager FROM: Eyvon McHaney, Director of Human Resources Eyvonmc@cctexas.com (361) 826-3315 Josh Chronley, Assistant Director of Finance & Procurement JoshC2@cctexas.com (361) 826-3169 Service Agreements for Third-Party Administration of the City's Self-Funded Employee Health Benefits CAPTION: Resolution authorizing the negotiation and execution of four, five-year service agreements for the third-party administration of Medical, Dental, and COBRA with Blue Cross Blue Shield of Texas in an estimated total annual amount up to $1,750,140; Pharmacy Benefit Management with Caremark PCS Health, LLC. in an estimated amount up to $11,121 annually; Life & Accidental Death and Dismemberment with Blue Cross Blue Shield of Texas in an estimated amount up to $97,464 annually; and, Long-Term Disability with Blue Cross Blue Shield of Texas in an estimated amount up to $106,451 annually, for a total estimated amount up to $1,965,176 annually for the City's self-funded employee health benefits, with an estimated five-year total value in an amount up to $9,825,880. SUMMARY: This Resolution authorizes four, five-year service agreements for the Medical, Dental and COBRA, Pharmacy Benefit Management, Life & Accidental Death and Dismemberment and Long-Term Disability to provide third-party administration of the City's self-funded employee health benefits, effective October 1, 2023. BACKGROUND AND FINDINGS: The current agreements for the City's insurance benefits will expire on September 30, 2023. The insurance benefits are for City employees, which include 2,276 Civilians, 446 Fire and 491 Police sworn positions, for a total of 3,213 City employees. The purpose of this item is to initiate four new five-year service agreements as outlined below. 1) Blue Cross Blue Shield of Texas (BCBSTX) for medical, dental and COBRA plans. • The Blue Cross Blue Shield administrative fees of $46.65 per employee per month (PEPM) for medical enrollees and $3.00 PEPM for dental enrollees include all services needed for health and dental plan administration including: o Managing, processing, and paying an estimated $24.9 million in medical insurance claims and $1.7 million for dental claims according to the City's specified plan designs. o Providing access to Blue Cross Blue Shield network contract discounts o Providing customer service and administering Wellbeing management services 2) The Caremark PCS Health, LLC. (CVS) for pharmacy benefits management • The CVS administrative-dispensing fees of$11,121 for pharmacy benefits include: o Managing, processing, and paying an estimated $8.3 million for FY 2024 in pharmacy claims for the term of contract. 3) Blue Cross Blue Shield of Texas (BCBSTX) for Basic Life Accidental Death & Dismemberment in the amount of$97,464. • The City provides Basic Life Insurance to all full-time employees. Employees are covered by Basic life with a coverage volume of$169,208,050 for an estimated cost of$97,464. Employees may elect additional coverage at their own cost for themselves and their dependents. 4) Blue Cross Blue Shield of Texas (BCBSTX) for Long-Term Disability in the amount of $106,457. • The City provides long term disability to full-time non-uniformed employees at a base plan of 50% of their base salary with a six-month waiting period. Employees may buy up to other plans that have shorter waiting periods and cover up to 66.67% of their base salary. PROCUREMENT DETAIL: Medical and Dental and Pharmacy Administration Services: A Request for Proposal (RFP) was issued for both Medical and Dental and Pharmacy administration services on March 27, 2023, for the City's insurance program contract. The RFP requested proposals for direct contract services to determine the interest of local providers. However, the City did not receive any direct contract services proposals, neither from local or non-local providers. In addition to allowance of direct contract services, as part of the medical and pharmacy plan request for proposal, alternative network strategies including Health Maintenance Organization (HMO) networks and narrow network alternatives (limiting provider and pharmacy access) were reviewed for consideration. The Medical and Dental category received five third-party administration proposals, but three of the respondents were deemed non-responsive. The reason they were deemed nonresponsive was because each of the three respondents failed to duplicate re-pricing of current plan of benefits within their network, which was required within the RFP. This resulted in the evaluation committee only scoring two proposals for the Medical and Dental category. The Pharmacy category received four proposals, but two of the respondents were deemed non- responsive. The reason they were deemed non-responsive was because the two respondents each failed to provide pricing within the solicitation window that was included with the RFP. This resulted in the evaluation committee only scoring two proposals for the Pharmacy category. Due to five of the nine respondents for the Medical and Dental and Pharmacy categories being deemed non-responsive, a thorough analysis of required forms and RFP language was conducted. It was determined there were no issues with the RFP or the procurement process as whole, and that all deficiencies were due to respondent error. The evaluation committee for both categories was comprised of six scoring members and one non-scoring member, with representation from Human Resources, Finance, Police, Fire, Information Technology, and the City Manager's Office. The evaluation committee rated each responsive proposer and was scored according to 1) Cost, 2) Cost Containment, 3) Claims Processing, 4) Reporting, 5) Integrated Systems/Technology Initiative, 6) Past Performance & Communications and finalist included 7) price. Final scores were tabulated for each firm to determine the highest-ranking firm offering the best value to the City for Health and Welfare benefits. Blue Cross Blue Shield of Texas, a Division of Health Care Service Corporation a Mutual Legal Reserve Company, of Richardson, Texas, is the incumbent for medical & dental. Rates for the third-party administration increased 2% for medical, decreased 4% for dental from the previous contract. Caremark PCS Health, LLC. (CVS), of Northbrook, Illinois is the incumbent for pharmacy. CVS proposed a net 8.7% decrease in pharmacy benefit management fees from the FY 2019 contract rates for pharmacy benefits management. The committee recommends awarding the Medical & Dental administration to Blue Cross Blue Shield of Texas and the Pharmacy administration to Caremark PCS Health, L.L.C. Life & Long-Term Disability: An RFP was issued on January 30, 2023, for Life & Long-Term Disability Insurance Coverage. The City received six responsive proposals for Life and Long-Term Disability Insurance, of which the top four scoring firms were evaluated and interviewed according to technical and evaluation criteria. The evaluation committee for both Life & Long-Term Disability Insurance was comprised of six scoring members and one non-scoring member, with representation from Human Resources, Finance, Police, Fire, Information Technology, and the City Manager's Office. The evaluation committee rated each responsive proposer and was scored according to 1) Cost, 2) Cost Containment, 3) Claims Processing, 4) Reporting, 5) Integrated Systems/Technology Initiative, 6) Past Performance & Communications and finalist included 7) price. Final scores were tabulated for each firm to determine the highest-ranking firm offering the best value to the City for Life & Long-Term Disability Insurance. Blue Cross Blue Shield of Texas, a Division of Health Care Service Corporation a Mutual Legal Reserve Company, of Richardson, Texas, is the incumbent for Life & Accidental Death and Dismemberment. They have proposed no change to the rate of$0.48 per $1000 for FY 2024. Blue Cross Blue Shield of Texas, a Division of Health Care Service Corporation a Mutual Legal Reserve Company, of Richardson, Texas, submitted for the Long-Term Disability Insurance.They proposed an overall decrease for long-term disability employer costs of 23.7% from our current incumbent, Ochs-Madison National. The committee recommends awarding the Life & Long-Term Disability to Blue Cross Blue Shield of Texas. ALTERNATIVES: The alternative is to not approve the four proposed agreements; however, the City's current insurance benefits agreements expire on September 30, 2023. This will leave the City without active health benefits agreements which will put City employees at risk of not having insurance, or having very expensive, temporary insurance until another RFP process is complete. FISCAL IMPACT: The estimated value of the Third-Party Administration, Basic Life and Long-Term Disability contracts is $1,965,176, with estimated claims of approximately $34.9 million for FY 2024. The FY 2025 through FY 2028 amounts will be budgeted in future years. In FY 2025 and beyond, we anticipate increases based off of medical inflation. FUNDING DETAIL: Fund Org. Account FY 2024 5608 40602 537200 87,092.00 5608 40602 537201 14,124.00 5608 40606 537200 129,462.00 5608 40606 537201 4,708.00 5609 40605 537200 238,075.00 5609 40605 537201 14,123.00 5610 40600 537200 512,296.00 5610 40600 537201 11,938.00 5610 40601 537200 666,493.00 5610 40601 537201 - 5614 40610 537205 37,327.00 5614 40610 537206 45,623.00 5614 40610 537350 97,464.00 5614 40610 537270 106,451.00 Total 1,965,176.00 RECOMMENDATION: Staff recommends approval of this resolution authorizing three five-year service agreements with Blue Cross Blue Shield of Texas for medical, dental, long-term disability, and life insurance services, and one five-year service agreement with Caremark PCS Health, L.L.C. (CVS) for pharmacy services, as presented. LIST OF SUPPORTING DOCUMENTS: Evaluation Matrix Service Agreements Resolution authorizing the negotiation and execution of four, five-year service agreements for the third-party administration of Medical, Dental, and COBRA with Blue Cross Blue Shield of Texas in an estimated total annual amount up to $1,750,140; Pharmacy Benefit Management with Caremark PCS Health, LLC. in an estimated amount up to $11,121 annually; Life & Accidental Death and Dismemberment with Blue Cross Blue Shield of Texas in an estimated amount up to $97,464 annually; and, Long-Term Disability with Blue Cross Blue Shield of Texas in an estimated amount up to$106,451 annually, for a total estimated amount up to $1,965,176 annually for the City's self-funded employee health benefits, with an estimated five-year total value in an amount up to $9,825,880. WHEREAS, the City's health benefits care plans, administered by the Human Resources Department, provide eligible active employees, retirees, and their eligible spouses and dependents the choice to elect the City's self-funded employee health benefit plans; WHEREAS, with the assistance of the City's benefit consultant, HUB International Insurance Services, a Request for Proposals to provide third-party administration of the City's self-funded employee health benefit plans was advertised and issued on March 27, 2023; WHEREAS, an evaluation team composed of City staff and the consultant reviewed the responses and unanimously recommends that contracts providing the best value to the City be offered to Blue Cross Blue Shield of Texas ("BCBSTX") for medical, dental, life insurance, accidental death and dismemberment (AD&D), and long-term disability claims; and to Caremark PCS Health ("Caremark") for pharmacy claims, each of the contracts having a five-year term; and WHEREAS, the City Council finds that contract awards to BCBSTX and Caremark provide the best value to the City for third-party administration services for the employee health benefit plans. Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or his designee ("City Manager"), is authorized to negotiate and execute three separate five-year contracts with BCBSTX for third-party administration of the City's employee health benefit plans as follows: medical, dental, and COBRA for an estimated annual amount of $1 ,750,140 (five years: $8,750,700); basic life and AD&D for an estimated annual amount of$97,464 (five years: $487,320); and long-term disability for an estimated annual amount of $106,451 (five years: $532,255), with each contract beginning October 1, 2023, subject to budget approval. Section 2. The City Manager is authorized to negotiate and execute a five-year contract with Caremark PCS Health, LLC, for third-party administration of the City's pharmacy benefit plan for an estimated annual amount of $11,121 (five years: $55,605), with the contract beginning October 1, 2023, subject to budget approval. Page 1 of 2 PASSED AND APPROVED on the day of , 2023: Paulette M. Guajardo Roland Barrera Sylvia Campos Gil Hernandez Michael Hunter Michael T. Hunter Jim Klein Mike Pusley Everett Roy Dan Suckley ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 2 of 2 RFP No.4570 Health&Welfare Ins Coverage Summary Evaluation Matrix Sr.Buyer Marco Lozano `Failed to submit qualified proposal Staff Medical/Dental Recommendation Blue Cross and Proposal Evaluation Score Blue Shield of UMR,Inc. *Aetna *Cigna *TML Texas Richardson,TX Wausau,WI. Hartford, Bloomfield Austin,TX. CT. CT. MINIMUM QUALIFICATIONS(PASS/FAIL) Pass Pass Fail Fail Fail Required five years in business3oi(" G AM Best rating of A-or higher --- --- --- No outstanding lawsuits during last 5 years or currentsstKi(.. litigation with the City during last 5 years No outstanding regulatory issues last 5 years PcssJj KII„ �/ --- --- --- References Provided for firm --- --- --- Minimum Qualification Pass/Fail Local Preference Points 10 0 0 --- --- --- Technical Proposal Cost 10 10 7 --- --- --- Cost Containment 10 9 5 --- --- --- Claims Processing 10 9 8 --- --- Reporting 10 10 8 --- --- --- Integrated Systems/Technology Initiative 5 5 4 --- --- --- Past Performance&Communication 5 5 3 --- --- --- Subtotal Technical Proposal 50 46 35 --- --- --- Competitive Range Subtotal 60 46 35 --- --- --- Interview Firms'Experience(5 points) 5 4 3 --- --- --- Understanding of Project Scope(5 points) 5 4 3 --- --- --- Subtotal Interview 10 8 6 --- --- --- Pricing Cost information should consider the scope of work while taking into consideration the size of the City. 30 30 28 Methodology and assumptions utilized in deriving cost should be explained. Subtotal Price 30 30 28 --- --- --- Total 100 84 69 --- --- --- RFP No.4570 Health&Welfare Ins Coverage Summary Evaluation Matrix Sr.Buyer Marco Lozano *Failed to submit qualified proposal Staff Pharmacy Recommendation Proposal Evaluation Score CVS OpfumRx *Cigna *TML Woonsocket,RI. Schaumburg IL. Bloomfield Austin,TX. MINIMUM QUALIFICATIONS(PASS/FAIL) Pass Pass Fail Fail Required five years in business -- - -- - AM Best rating of A-or higher -- - -- - No outstanding lawsuits during last 5 years or current litigation with the City during last 5 years . No outstanding regulatory issues last 5 years Pq /Ptfl,, �/ �/ -- - -- - References Provided for firm "1r4sJF4iI" -- - -- - Minimum Qualificafion Pass/Fail Local Preference Points 10 0 0 -- - Technical Proposal Cost 10 9 8 --- --- Cost Containment 10 6 6 --- --- Claims -- Claims Processing 10 8 8 --- --- Reporting 10 8 8 --- --- Integrated Systems/Technology Initiative 5 3 3 --- --- Past Performance&Communication 5 4 3 --- --- Subtotal Technical Proposal 50 39 37 --- --- Competitive Range Subtotal 60 39 37 --- --- Inferview Firms'Experience(5 points) 5 4 3 --- --- Understanding of Project Scope(5 points) 5 4 3 --- --- Subtotal Interview 10 8 7 --- --- Pricing Cost information should consider the scope of work while taking into consideration the size of the City. 30 30 28 --- --- Methodology and assumptions utilized in deriving cost should be explained. Subtotal Price 30 30 28 --- Total 100 76 72 --- --- RFP No.4564 Life and Disability Insurance Coverage Summary Evaluation Matrix Sr.Buyer Marco Lozano staff Recommendation OCHS- Blue Cross and Continental Symetra Madison Hartford Life& Proposal Evaluation Score Blue Shield of American Life Voya National Accident Texas Insurance,Aflac Insurance Financial Life Insurance Company Insurance Company Com an Richardson,TX Columbia,SC Bellevue, Houston,TX Madison, Hartford,CT WA WI MINIMUM QUALIFICATIONS(PASS/FAIL) Pass Pass Pass Pass Pass Pass Required five years in business vv AM Best rating of A-or higher No outstanding lawsuits during last 5 years or current litigation with the City during last 5 years No outstanding regulatory issues last 5 years 1 5i/Palf,,,,,, v/ V V Fail References Provided for firm ftslhti)----- Fail Fail C Minimum Qualification Pass/Fail Technical Proposal Understanding of the Program 14 13 12 11 12 11 10 Methodology used for the Program 14 13 13 11 12 11 10 Management Plan for the Program 14 13 12 11 11 11 10 References,Experience and Qualifications 8 7 5 7 7 5 6 Subtotal Technical Proposal 50 46 42 40 41 37 36 Interview Firms'Experience(5 points) 5 5 4 4 4 - - - - - - Understanding of Project Scope (5 points) 5 4 4 4 4 - - - - - - Subtotallnterview 10 8 8 8 8 0 0 Pricing Cost information should consider the scope of work while taking into consideration the size of the City. 40 37 40 34 21 0 0 Methodology and assumptions utilized in deriving cost should be explained. Subtotal Price 40 37 40 34 21 0 0 Totall 100 92 90 82 70 37 36 • 3 , Health and Welfare Employee Benefits Service Agreement for Third-Party Administration of the City's Self-Funded Employee Health Insurance Plans with BlueCross B1ueShield and Caremark/CVS Council Presentation July 18, 2023 ..� Health and Welfare Employee Benefits Overview • The City provides Medical, Dental, Pharmacy, Vision, Life Insurance, and Long-Term Disability Insurance for employees and their dependents • For Medical insurance, the City offers two plans: PPO and CDHP • For Dental insurance, the City offers two plans: Basic and Extended Health and Welfare Employee Benefits Breakdown Blue Cross Blue Shield of Texas and Caremark/CVS Medical 2,979 Subscribers S 1,669,644 Dental 2,236 Subscribers 580,496 Pharmacy 2,979 Subscribers S11,121 Year 1 Total (FY24) $197615261 Health and Welfare Employee Benefits D ��yj fo .l ex Ss Third-Party Administration Fees Include the follo\\wing services: • Managing, processing, and paying an estimated S24.9 million in medical insurance claims and S1.7 million in dental claims according to the City's specified plan designs • Providing customer service and administering wellbeing management services • Providing reporting and analysis tools • Providing access to BlueCross BlueShield network contract discounts Health and Welfare Employee Benefits CVS/caremark Pharmacy Benefit Management Includes the following services: • Managing, processing, and paying an estimated $8.3 million in pharmacy claims according to the City's specified plan designs • Caremark/CVS formulary pricing and rebates • Providing a plan participant customer service call center, smartphone app and medication pricing tool • Account management, consultative services, analytics and reporting tools, and group communication services • Administering clinical programs including utilization management 5 Health and Welfare Employee Benefits . , Blue Cross Blue Shield of Texas \ : \ Fully Insured LTD Premiums Long-Term Disability Insurance — City Paid $106,451 Long-Term Disability Insurance - Emp Paid $115,700 Year 1 Total (FY24) $2229151 Fully Insured Life Premiums Life Insurance - City Paid $97,464 Life Insurance - Emp Paid $750,000 Year 1 Total (FY24) $8479464 • 3 , Health and Welfare Employee Benefits Service Agreement for Third-Party Administration of the City's Self-Funded Employee Health Insurance Plans with BlueCross B1ueShield and Caremark/CVS Council Presentation July 18, 2023 Health and Welfare Employee Benefits B1ueCross B1ueShield of Texas Current Year 1 Repricing % Ching Medical + Dental TPA $1,753,628.00 $1,750,140.00 -0.19% PBM $12,194.00 $11,121.00 -8.79% Life-City paid $97,464.00 $97,464.00 0.00% LTD-City paid $162,870.00 $106,451.00 -34.64% Grand Total $2,026,156.00 $1,965,176.00 -3.01% 5yr Comparison $10,130,780.00 $9,825,880.00 -3.01% ,SUS G� 011 h V AGENDA MEMORANDUM CORPOR I Action Item for the Cit Cil Meeting of Jul 18, 2023 1852 City ee9 y DATE: July 10, 2023 TO: Peter Zanoni, City Manager FROM: Ernesto De La Garza, Director of Public Works ErnestoD2(a)cctexas.com (361) 826-1677 Amendment to City Council Policy 8 CAPTION: Resolution amending Council Policy No. 8 of the Code of Ordinances to add requirements for naming transportation-related facilities within City limits. SUMMARY: This resolution amends the Council Policy to include all transportation facilities within the City's jurisdiction and requires that the Transportation Advisory Commission review requests regarding the naming or renaming of transportation-related facilities. BACKGROUND AND FINDINGS: City staff recently received a request to name the new Park Road 22 Bridge, which is a state-owned transportation facility. In investigating City policy, staff discovered that the current code of ordinances does not address the naming or renaming of state-owned transportation facilities within city limits. In addition, the current policy does not maintain an adequate mechanism to vet and ascertain public input on proposed renaming submissions prior to the request coming to Council. Due to these issues, City staff is recommending amending the resolution to include all transportation facilities within the City's jurisdiction and to include the Transportation Advisory Committee (TAC) in the naming or renaming process. ALTERNATIVES: The Council could choose not to amend the policy. FISCAL IMPACT: N/A FUNDING DETAIL: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A RECOMMENDATION: Staff recommends approval of this resolution amending Council Policy No. 8. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution amending City Council Policy 8 to add requirements for naming transportation-related facilities NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. City Council Policy 8 is amended to require the Transportation Advisory Commission or a successor body to review requests to name transportation-related facilities. The deleted text is shown in strike-through text and the new text shown in underlined text as follows: 8. Naming of City facilities. Final decisions regarding the naming of City facilities shall be the decision of the City Council. The City Council may request recommendations from City Boards, Commissions, Committees, or other advisory bodies. Chapter 311 of the Texas Transportation Code grants municipalities the ability to assign names to transportation facilities within its jurisdiction. Requests to name a transportation-related facility shall be submitted to the Transportation Advisory Commission or successor body for recommendation prior to being considered by City Council. Costs associated with renaming ceremonies and the provision of markers, signs plaques, or memorials shall be borne by the entity requesting the name change. The renaming of any City facility which is already named in honor of a person, group, or event is not permitted. PASSED AND APPROVED on the day of 2023: Paulette Guajardo Roland Barrera Sylvia Campos Gil Hernandez Michael Hunter Jim Klein Mike Pusley Everett Roy Dan Suckley 1 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor 2 8. Naming of City facilities. Final decisions regarding the naming of City facilities shall be the decision of the City Council.The City Council may request recommendations from City Boards,Commissions,Committees,or other advisory bodies. Costs associated with renaming ceremonies and the provision of markers,signs plaques,or memorials shall be borne by the entity requesting the name change. The renaming of any City facility which is already named in honor of a person,group,or event is not permitted. (Res. No. 21901, § 1,3-22-1994; Res. No. 028430, § 1, 12-8-2009) Created: 2023-04-19 07:19:20 [EST] (Supp.No.38,Update 1) Page 1 of 1 SC ` O� F V Ncoop RM1I Ys�2 AGENDA MEMORANDUM Action Item for the City Council Meeting of July 18, 2023 DATE: July 6, 2023 TO: Peter Zanoni, City Manager THRU : Constance P. Sanchez, Chief Financial Officer FROM: Eddie Houlihan, Director of Management and Budget EddieHo@cctexas.com (361) 826-3792 Amendment to Financial Budgetary Policies for FY 2023-2024 CAPTION: Resolution amending Financial Budgetary Policies adopted by Resolution 033082 on June 27, 2023 to add a section to address the timing for funding of design work for future capital improvement bond projects. SUMMARY: The financial budgetary policies for FY 2024 are being recommended for amendment to address one item. BACKGROUNDAND FINDINGS: Annually, City staff reviews the financial budgetary policies for direction on preparing the upcoming, annual budget. The financial budgetary policies for FY 2023-2024 are being recommended for amendment to add section creating process for design of bond projects prior to voter consideration of project construction: • Section 19. Capital Improvement Future Bond Design Funding. To have more accurate cost estimates for CIP General Obligation Bond projects and to lessen the impact from annual inflation, design of a project can be considered in one bond election with the construction to be considered in the subsequent bond election. This requires planning for at least four years in the future. If, however, the project can be designed and constructed in less than two years, then both should be included in one bond election. ALTERNATIVES: An alternative would be to leave the financial budgetary policies as they currently are written. FINANCIAL IMPACT: There is no financial impact for this item. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution RESOLUTION AMENDING FINANCIAL BUDGETARY POLICIES ADOPTED BY RESOLUTION 0303082 AND PROVIDING FINANCIAL POLICY DIRECTION ON PREPARATION OF THE ANNUAL BUDGETS WHEREAS, the City Council adopted a Financial Policy in June 202-23 by Resolution 0393082; and WHEREAS, as a result of this policy, the City achieved its goal for the General Fund balance and desires now to articulate a strategy to maintain a General fund balance and to utilize any surplus balance to provide for enhanced financial stability in future years, and also desires to manage fund balances of the Internal Service Funds, Enterprise Funds, the Combined Utility Reserve Fund, and Debt Service Reserve Funds-land WHEREAS, this policy provides an essential guide to direct financial planning and to maintain and strengthen the City's bond rating; and WHEREAS, it has been the City's practice to reaffirm its financial policy or to adopt a new or modified policy annually in conjunction with preparation of the budget and prior to presenting the Proposed Budget to the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The Financial Budgetary Policies adopted by Resolution X033082 are amended to read as follows: Section 1. Development / Effective Date of Financial Budgetary Policy. This Financial Budgetary Policy reaffirms and amends the financial policies adopted each year by the City Council since 1997. The City Manager is directed to prepare each annual proposed budget in accordance with this policy. The City Council is prepared to make expenditure reductions that may be necessary to comply with this policy. This Financial Budgetary policy remains in effect and applies to future annual budget preparation processes until amended by City Council resolution. Section 2. Current Revenues /Current Expenditures. General Fund current revenues and funds available from all sources will equal or exceed current expenditures. Section 3. General Fund Balance/Working Capital. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, adequate financial resources will be set aside in the General Fund unassigned fund balance. In the Government Finance Officers Association's (GFOA) "Best Practice for Determining the Appropriate Level of Unrestricted Fund Balance in the General Fund (2015)", GFOA recommends, at a minimum, that general-purpose government, regardless of size, maintain an unrestricted budgetary fund balance in their general fund of no less than two months of regular general fund operating revenues or regular general fund operating expenditures. Accordingly; it is the goal of the City Council to build and maintain a reserve in the General Fund unassigned fund balance which totals at least two months (or approximately 17%) of regular general fund operating expenditures up to 20% of total annual General Fund appropriations, exclusive of any one-time appropriations. At the end of the fiscal year, upon completion of the Comprehensive Annual Financial Report, the amount calculated to be at least two months of regular general fund operating expenditures up to 20% of total annual General Fund appropriations will be Reserved for Major Contingencies and set up in a separate account. The City Manager shall report on the status of compliance with this policy at least annually as part of the budget process. Uncommitted fund balance in excess of the policy requirement may be recommended for expenditure by the City Manager. Finally, it is noted that extraordinary situations may arise in which the timing of external actions out of the City's control may require the use of the unassigned fund balance. The City Manager shall note these situations to the City Council as soon as the information is known. Section 4. Other Committed Fund Balances. 4.1 Internal Service Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain an unassigned reserve in each Internal Service Fund listed below, of up to five percent (5%) of the annual Internal Service Fund appropriations, exclusive of any one-time appropriations. Any amount in excess of five percent (5%)will be returned to the paying Funds or used for one-time expenditures. Subsection 4.1 only applies to the Information Technologies Internal Service Fund; Contracts and Procurement Internal Service Fund; Engineering Services Internal Service Fund; Fleet Maintenance Internal Service Fund; and Facilities Maintenance Internal Services Fund. 4.2 Group Health Plans. It is a goal of the City to maintain a fund balance in the group health plans to (1) pay any associated administrative costs and claims run-out based upon the most recent actuarial study in the event the plan ceases ora change in the third- party administrator is made; and to (2) hold a reserve for catastrophic claims equaling 10% of projected medical and prescription claims. 4.3 General Liability Fund. It is a goal of the City to maintain a fund balance in the General Liability Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report, (2) to provide additional protection against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average incurred costs of claims experience over the prior five-year period; and (3) to protect against significant cost increases in the fiscal year for purchased insurance coverage premiums equaling 25% of the cost for purchased insurance over the prior year. 4.4 Worker's Compensation Fund. It is a goal of the City to maintain a fund balance in the Worker's Compensation Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; and (2) to protect against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average of incurred costs of claims experience over the prior five-year period. 4.5 Enterprise Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain an unreserved fund balance in each of the Enterprise Funds of a maximum of twenty- five percent (25%) of the annual Enterprise Fund appropriations, exclusive of debt service and any one-time appropriations, and anything over that amount shall be designated for specific purpose(s). Subsection 4.5 only applies to Water, Wastewater, Gas, Stormwater, Airport, and Marina fund balances. 4.6 Debt Service Reserve Fund. The City will strive to maintain a debt service fund balance for bonds, certificates of obligation, tax notes, and other debt instruments of at least two percent (2%) of the annual debt service appropriation(s) for the fiscal year; provided, however, this requirement shall comply with the provision of Treasury Regulation 1 .148-2(f) which limits the amount of reserve funds that may secure the payment of debt service on bonds. Section 5. Liabilities for Other Post-Employment Benefits, Accrued Compensated Absences and Net Pension Liability. For financial reporting purposes, the City will record liabilities for Other Post-Employment Benefits, Accrued Compensated Absences and Net Pension Liability according to guidance of the Governmental Accounting Standards Board. These liabilities will be funded on a pay- as-you-go basis, and thus will not be included in the minimum fund balances of the affected funds. Section 6. Property Tax Rate for Operations and Maintenance. Each proposed annual budget shall be prepared assuming that the City will be adopting a tax rate necessary to be in compliance with Section 2 above. Full consideration will be given to achieving the "no new-revenue maintenance and operations tax rate" for maintenance and operations when assessed property values decrease, and full consideration will be given to maintaining the current tax rate when assessed properties values increase, as long as the tax rate does not exceed the "voter approval tax rate" (which is the rate that allows the City to raise the same amount of maintenance and operation revenue raised in the prior year, excluding new property, with a 3.5% increase.) Section 7. Funding Level from General Fund for Street Maintenance. The General Fund will contribute the higher of 6% of General Fund revenue less grants, industrial district revenue and any transfer to Residential Streets or $10,818,730 for Street Maintenance. In addition, the City must include 5% of industrial district revenue in the Street Maintenance Fund. Section 8. Funding Level from General Fund for Residential Street Reconstruction Fund. In order to develop a long-term funding mechanism for capital improvements related to residential/local streets, implement the following: 1. The City must include 5% of industrial district revenue in the Residential Street Reconstruction Fund. 2. Transfer 1% of the General Fund revenues less: • Grants • Industrial District revenue, and • Any General Fund transfer to Residential Streets Reconstruction Fund 3. At a Special City Election in November 2016 Corpus Christi voters voted to create a dedicated fund to be used solely for residential street reconstruction and the city council was authorized each year to levy, assess and collect a property tax not to exceed six cents ($0.06) per one hundred dollars ($100.00) of assessed value for the purpose of residential street reconstruction to be deposited in such fund. Said taxes shall be used solely for the purpose of residential street reconstruction, including associated architectural, engineering and utility costs, and shall be implemented gradually at a rate not to exceed two cents ($0.02) per one hundred dollars ($100.00) of assessed value per year. For the purposes of this provision, the term "reconstruction" is defined as removing all or a significant portion of the pavement material and replacing it with new or recycled materials. The dedicated fund established by this section may not be used for payment of debt service. The City Council approved two cents ($0.02) per one hundred dollars ($100.00) of assessed value for fiscal year 2018-2019 and two cents ($0.02) per one hundred dollars ($100.00) of assessed value for fiscal year 2019-2020 for the purpose of residential street reconstruction. The final two cents will not be recommended for FY 2023-2024. Section 9. Funding of Texas Municipal Retirement System (TMRS) Contributions. It is a goal of the City Council to maintain the fully funded contribution rate to TMRS to fund the general City employees' and sworn police officers' pension. Section 10. Funding of Corpus Christi Fire Fighters' Retirement System (CCFFRS). Whereas, pursuant to a Special Task Force appointed by the City Manager, it is a goal of the City to, over time, adequately fund the CCFFRS so that its funding ratio is in line with the funding ratio of TMRS for general City employees and sworn police officers. Section 11. Priority of City Services. The City Council recognizes the need to provide public services which support the continued growth of the local economy and personal income growth to insure an adequate financial base for the future. Section 12. Operating Contingencies. The City Manager is directed to budget up to $500,000 per year as an operating contingency as part of General Fund expenditures in order to further insulate the General Fund unreserved fund balance from unforeseen circumstances. Up to 2% of annual appropriations for operating contingencies may be budgeted, as deemed necessary, in enterprise, internal service, and special revenue funds of the City. Section 13. Multi-year Budget Model. Whereas many of the City's fiscal goals require commitment and discipline beyond the one year considered within the City's fiscal year, the City will also consider adoption of business plans necessary for the accomplishment of City short term or long-term goals. These business plans will be presented and recommended to the City Council in the proposed annual operating budget and shall be used for development of future budget recommendations as necessary to accomplish these goals. The City shall also maintain business plans and/or rate models for enterprise operations. Preparation of the annual budget will include model for years two and three, with specific revenue and expenditure assumptions and with respect to the debt horizon. Section 14. Cost Recovery. The City may recovercosts in the General Fund by charging other funds for administrative costs incurred to support their operations. The City shall attempt to pursue and maintain a diversified and stable revenue stream for the General Fund in order to shelter finances from short term fluctuations in any one revenue source. In order to meet the requirements outlined herein, every effort will be made to base rates on a cost of service model, so costs incurred for certain services are paid by the population benefiting from such services. Section 15. Quarterly Financial Reporting and Monitoring. The City Manager shall provide interim financial performance reports and updates to the City Council on a quarterly basis. These interim reports must include detailed year to date revenue and expenditure estimates, as well as explanations for major variances to budget. The format of the quarterly report must be relatively consistent with the adopted budget. Quarterly financial reports shall include a summary of fund balances for each fund and a statement regarding compliance with these financial policies, where applicable. Section 16. Use of Nonrecurring Revenue. The City shall endeavorto use nonrecurring revenue to fund one-time expenditures. Nonrecurring revenue may include items such as sale of fixed assets, court settlements, or revenue collection windfalls. Section 17. Debt Management. The City Manager shall adhere to the Debt management Policy adopted by Resolution 028902 on December 14, 2010 and reaffirmed by Resolution 029321 on December 13, 2011 . Section 18. Capital Improvement Plans/Funding. The City Manager shall provide quarterly updates to the City Council on Capital Improvement Projects and post these updates on the City website. The annual Capital Improvement Plan (CIP) shall follow a similar cycle as the Operating Budget. As part of the annual capital budget process, the City shall update its short and long-range capital improvement plans. Due to the limited amount of available funds, the CIP serves to establish a priority for the many necessary projects. Therefore, the CIP will be updated annually in order to incorporate the changing priorities, needs and funding sources. As part of a concerted effort to improve financial flexibility, it is authorized that all interest and other revenues relating to Capital Funds will be appropriated at the beginning of each fiscal year and become part of those funds to be used for capital project expenditures. Additionally, the City shall pursue pay-as-you-go funding for maintenance-type capital costs to the extent possible. The CIP is a necessary tool in the capital planning process, and shall be organized as follows: 1. ANNUAL CAPITAL BUDGET: This is the first year of the short-range CIP and shall be fully funded. All approved projects must have corresponding funding resources identified by individual project. Projects added to the approved annual Capital Budget shall require City Council approval. 2. SHORT RANGE CIP: A schedule of capital expenditures to be incurred over the current annual Capital Budget plus two (2) additional years. The short- range plan projects must have programmed funding with corresponding funding resources identified by individual project. Any projects that include projected increases to operating costs for programmed facilities will be notated. A review of all CIP encumbrances will be done annually. Any encumbrance that does not represent a true commitment will be returned to reserves. 3. LONG RANGE CIP: The long-range plan extends for an additional seven years beyond the short range, for a complete plan that includes ten years. The long- range CIP projects must have realistic planned funding tied to the projects. Section 19. Capital Improvement Future Bond Design Funding. To have more accurate cost estimates for CIP General Obligation Bond projects and to lessen the impact from annual inflation, design of a project can be considered in one bond election with the construction to be considered in the subsequent bond election. This requires planning for at least four years in the future. If, however, the project can be designed and constructed in less than two years, then both should be included in one bond election- Section 20. Capital Improvement Annual Close-out. No less than annually, all capital funds will be reconciled by City Staff. 1 . Voter-approved Debt — Capital Improvement Plan funds associated with voter-approved debt shall be brought to City Council when all projects in the Fund are deemed complete for review and recommendation on use of any remaining funds. Funds may be held in the short-term to complete projects or may be assigned to other projects as allowed by bond language. 2. Utility Revenue Debt — Capital Improvement Plan funds associated with utility bond debt shall be brought to City Council in a report comparing budget to actuals when a utility bond issuance is deemed complete. Funds may be held in the short-term to complete projects or may be assigned to other projects as allowed by bond language. Section 210. Expenditures. Within the limitation of public service needs, statutory requirements and contractual commitments expenditures included in the operating budget shall represent the most cost-efficient method to deliver services to the citizens of Corpus Christi. Efforts to- identify the most cost-efficient method of service delivery shall continue during the fiscal year after the operating budget is adopted and may be implemented during the fiscal year as necessary and of benefit to the public. Section 224. Line-Item Budget Review Process. During the preparation of the City's operating budget, City staff shall perform a line-item budget review of departmental budgets. Section 23 . Drought Surcharge Exemption Fund. Beginning in Fiscal Year 2018- 2019 The Drought Surcharge Exemption Fees collected from large-volume industrial customers pursuant to Ordinance 031533 shall be dedicated for development of a drought-resistant watersupply and shall not be used foroperation and maintenance costs of any water supply, treatment facility or distribution system. The Drought Surcharge Exemption Fees paid to the City will be accounted for and reserved in a separate Drought Surcharge Exemption Fund and used only for capital costs to develop and/or acquire an additional drought-resistant water supply including but not limited to, payment of debt for an allowable capital project. Section 243. Park Development Fund. Expenditures shall be used for the acquisition of land for a public park and/or construction improvements for a public park including utility extensions required to serve recreational areas. Revenues come from a Park Development Fee in lieu of land dedication and earnings on investments. Revenues are authorized to be appropriated at the beginning of each fiscal year and will be restricted as per current City codes and ordinances and unspent appropriations will carry over from fiscal year to fiscal year. Section 254. Budget Controls. Budgetary compliance is an important tool in managing and controlling governmental activities, as well as ensuring conformance with the City's budgetary limits. Budgetary controls, levels at which expenditures cannot legally exceed appropriated amounts, are established within individual funds. The City utilizes an encumbrance system of accounting as one mechanism to accomplish effective budgetary controls. Encumbrances at year end which represent a true commitment are generally added to the budget. 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 RESOLUTION AMENDING FINANCIAL BUDGETARY POLICIES ADOPTED BY RESOLUTION 033082 AND PROVIDING FINANCIAL POLICY DIRECTION ON PREPARATION OF THE ANNUAL BUDGETS WHEREAS, the City Council adopted a Financial Policy in June 2023 by Resolution 033082-land WHEREAS, as a result of this policy, the City achieved its goal for the General Fund balance and desires now to articulate a strategy to maintain a General fund balance and to utilize any surplus balance to provide for enhanced financial stability in future years, and also desires to manage fund balances of the Internal Service Funds, Enterprise Funds, the Combined Utility Reserve Fund, and Debt Service Reserve Funds-land WHEREAS, this policy provides an essential guide to direct financial planning and to maintain and strengthen the City's bond rating; and WHEREAS, it has been the City's practice to reaffirm its financial policy or to adopt a new or modified policy annually in conjunction with preparation of the budget and prior to presenting the Proposed Budget to the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The Financial Budgetary Policies adopted by Resolution 033082 are amended to read as follows: Section 1. Development / Effective Date of Financial Budgetary Policy. This Financial Budgetary Policy reaffirms and amends the financial policies adopted each year by the City Council since 1997. The City Manager is directed to prepare each annual proposed budget in accordance with this policy. The City Council is prepared to make expenditure reductions that may be necessary to comply with this policy. This Financial Budgetary policy remains in effect and applies to future annual budget preparation processes until amended by City Council resolution. Section 2. Current Revenues /Current Expenditures. General Fund current revenues and funds available from all sources will equal or exceed current expenditures. Section 3. General Fund Balance/Working Capital. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, adequate financial resources will be set aside in the General Fund unassigned fund balance. In the Government Finance Officers Association's (GFOA) "Best Practice for Determining the Appropriate Level of Unrestricted Fund Balance in the General Fund (2015)", GFOA recommends, at a minimum, that general-purpose government, regardless of size, maintain an unrestricted budgetary fund balance in their general fund of no less than two months of regular general fund operating revenues or regular general fund operating expenditures. Accordingly; it is the goal of the City Council to build and maintain a reserve in the General Fund unassigned fund balance which totals at least two months (or approximately 17%) of regular general fund operating expenditures up to 20% of total annual General Fund appropriations, exclusive of any one-time appropriations. At the end of the fiscal year, upon completion of the Comprehensive Annual Financial Report, the amount calculated to be at least two months of regular general fund operating expenditures up to 20% of total annual General Fund appropriations will be Reserved for Major Contingencies and set up in a separate account. The City Manager shall report on the status of compliance with this policy at least annually as part of the budget process. Uncommitted fund balance in excess of the policy requirement may be recommended for expenditure by the City Manager. Finally, it is noted that extraordinary situations may arise in which the timing of external actions out of the City's control may require the use of the unassigned fund balance. The City Manager shall note these situations to the City Council as soon as the information is known. Section 4. Other Committed Fund Balances. 4.1 Internal Service Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain an unassigned reserve in each Internal Service Fund listed below, of up to five percent (5%) of the annual Internal Service Fund appropriations, exclusive of any one-time appropriations. Any amount in excess of five percent (5%)will be returned to the paying Funds or used for one-time expenditures. Subsection 4.1 only applies to the Information Technologies Internal Service Fund; Contracts and Procurement Internal Service Fund; Engineering Services Internal Service Fund; Fleet Maintenance Internal Service Fund; and Facilities Maintenance Internal Services Fund. 4.2 Group Health Plans. It is a goal of the City to maintain a fund balance in the group health plans to (1) pay any associated administrative costs and claims run-out based upon the most recent actuarial study in the event the plan ceases ora change in the third- party administrator is made; and to (2) hold a reserve for catastrophic claims equaling 10% of projected medical and prescription claims. 4.3 General Liability Fund. It is a goal of the City to maintain a fund balance in the General Liability Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report, (2) to provide additional protection against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average incurred costs of claims experience over the prior five-year period; and (3) to protect against significant cost increases in the fiscal year for purchased insurance coverage premiums equaling 25% of the cost for purchased insurance over the prior year. 4.4 Worker's Compensation Fund. It is a goal of the City to maintain a fund balance in the Worker's Compensation Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; and (2) to protect against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average of incurred costs of claims experience over the prior five-year period. 4.5 Enterprise Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain an unreserved fund balance in each of the Enterprise Funds of a maximum of twenty- five percent (25%) of the annual Enterprise Fund appropriations, exclusive of debt service and any one-time appropriations, and anything over that amount shall be designated for specific purpose(s). Subsection 4.5 only applies to Water, Wastewater, Gas, Stormwater, Airport, and Marina fund balances. 4.6 Debt Service Reserve Fund. The City will strive to maintain a debt service fund balance for bonds, certificates of obligation, tax notes, and other debt instruments of at least two percent (2%) of the annual debt service appropriation(s) for the fiscal year; provided, however, this requirement shall comply with the provision of Treasury Regulation 1 .148-2(f) which limits the amount of reserve funds that may secure the payment of debt service on bonds. Section 5. Liabilities for Other Post-Employment Benefits, Accrued Compensated Absences and Net Pension Liability. For financial reporting purposes, the City will record liabilities for Other Post-Employment Benefits, Accrued Compensated Absences and Net Pension Liability according to guidance of the Governmental Accounting Standards Board. These liabilities will be funded on a pay- as-you-go basis, and thus will not be included in the minimum fund balances of the affected funds. Section 6. Property Tax Rate for Operations and Maintenance. Each proposed annual budget shall be prepared assuming that the City will be adopting a tax rate necessary to be in compliance with Section 2 above. Full consideration will be given to achieving the "no new-revenue maintenance and operations tax rate" for maintenance and operations when assessed property values decrease, and full consideration will be given to maintaining the current tax rate when assessed properties values increase, as long as the tax rate does not exceed the "voter approval tax rate" (which is the rate that allows the City to raise the same amount of maintenance and operation revenue raised in the prior year, excluding new property, with a 3.5% increase.) Section 7. Funding Level from General Fund for Street Maintenance. The General Fund will contribute the higher of 6% of General Fund revenue less grants, industrial district revenue and any transfer to Residential Streets or $10,818,730 for Street Maintenance. In addition, the City must include 5% of industrial district revenue in the Street Maintenance Fund. Section 8. Funding Level from General Fund for Residential Street Reconstruction Fund. In order to develop a long-term funding mechanism for capital improvements related to residential/local streets, implement the following: 1. The City must include 5% of industrial district revenue in the Residential Street Reconstruction Fund. 2. Transfer 1% of the General Fund revenues less: • Grants • Industrial District revenue, and • Any General Fund transfer to Residential Streets Reconstruction Fund 3. At a Special City Election in November 2016 Corpus Christi voters voted to create a dedicated fund to be used solely for residential street reconstruction and the city council was authorized each year to levy, assess and collect a property tax not to exceed six cents ($0.06) per one hundred dollars ($100.00) of assessed value for the purpose of residential street reconstruction to be deposited in such fund. Said taxes shall be used solely for the purpose of residential street reconstruction, including associated architectural, engineering and utility costs, and shall be implemented gradually at a rate not to exceed two cents ($0.02) per one hundred dollars ($100.00) of assessed value per year. For the purposes of this provision, the term "reconstruction" is defined as removing all or a significant portion of the pavement material and replacing it with new or recycled materials. The dedicated fund established by this section may not be used for payment of debt service. The City Council approved two cents ($0.02) per one hundred dollars ($100.00) of assessed value for fiscal year 2018-2019 and two cents ($0.02) per one hundred dollars ($100.00) of assessed value for fiscal year 2019-2020 for the purpose of residential street reconstruction. The final two cents will not be recommended for FY 2023-2024. Section 9. Funding of Texas Municipal Retirement System (TMRS) Contributions. It is a goal of the City Council to maintain the fully funded contribution rate to TMRS to fund the general City employees' and sworn police officers' pension. Section 10. Funding of Corpus Christi Fire Fighters' Retirement System (CCFFRS). Whereas, pursuant to a Special Task Force appointed by the City Manager, it is a goal of the City to, over time, adequately fund the CCFFRS so that its funding ratio is in line with the funding ratio of TMRS for general City employees and sworn police officers. Section 11. Priority of City Services. The City Council recognizes the need to provide public services which support the continued growth of the local economy and personal income growth to insure an adequate financial base for the future. Section 12. Operating Contingencies. The City Manager is directed to budget up to $500,000 per year as an operating contingency as part of General Fund expenditures in order to further insulate the General Fund unreserved fund balance from unforeseen circumstances. Up to 2% of annual appropriations for operating contingencies may be budgeted, as deemed necessary, in enterprise, internal service, and special revenue funds of the City. Section 13. Multi-year Budget Model. Whereas many of the City's fiscal goals require commitment and discipline beyond the one year considered within the City's fiscal year, the City will also consider adoption of business plans necessary for the accomplishment of City short term or long-term goals. These business plans will be presented and recommended to the City Council in the proposed annual operating budget and shall be used for development of future budget recommendations as necessary to accomplish these goals. The City shall also maintain business plans and/or rate models for enterprise operations. Preparation of the annual budget will include model for years two and three, with specific revenue and expenditure assumptions and with respect to the debt horizon. Section 14. Cost Recovery. The City may recover costs in the General Fund by charging other funds for administrative costs incurred to support their operations. The City shall attempt to pursue and maintain a diversified and stable revenue stream for the General Fund in order to shelter finances from short term fluctuations in any one revenue source. In order to meet the requirements outlined herein, every effort will be made to base rates on a cost of service model, so costs incurred for certain services are paid by the population benefiting from such services. Section 15. Quarterly Financial Reporting and Monitoring. The City Manager shall provide interim financial performance reports and updates to the City Council on a quarterly basis. These interim reports must include detailed year to date revenue and expenditure estimates, as well as explanations for major variances to budget. The format of the quarterly report must be relatively consistent with the adopted budget. Quarterly financial reports shall include a summary of fund balances for each fund and a statement regarding compliance with these financial policies, where applicable. Section 16. Use of Nonrecurring Revenue. The City shall endeavorto use nonrecurring revenue to fund one-time expenditures. Nonrecurring revenue may include items such as sale of fixed assets, court settlements, or revenue collection windfalls. Section 17. Debt Management. The City Manager shall adhere to the Debt management Policy adopted by Resolution 028902 on December 14, 2010 and reaffirmed by Resolution 029321 on December 13, 2011 . Section 18. Capital Improvement Plans/Funding. The City Manager shall provide quarterly updates to the City Council on Capital Improvement Projects and post these updates on the City website. The annual Capital Improvement Plan (CIP) shall follow a similar cycle as the Operating Budget. As part of the annual capital budget process, the City shall update its short and long-range capital improvement plans. Due to the limited amount of available funds, the CIP serves to establish a priority for the many necessary projects. Therefore, the CIP will be updated annually in order to incorporate the changing priorities, needs and funding sources. As part of a concerted effort to improve financial flexibility, it is authorized that all interest and other revenues relating to Capital Funds will be appropriated at the beginning of each fiscal year and become part of those funds to be used for capital project expenditures. Additionally, the City shall pursue pay-as-you-go funding for maintenance-type capital costs to the extent possible. The CIP is a necessary tool in the capital planning process, and shall be organized as follows: 1. ANNUAL CAPITAL BUDGET: This is the first year of the short-range CIP and shall be fully funded. All approved projects must have corresponding funding resources identified by individual project. Projects added to the approved annual Capital Budget shall require City Council approval. 2. SHORT RANGE CIP: A schedule of capital expenditures to be incurred over the current annual Capital Budget plus two (2) additional years. The short- range plan projects must have programmed funding with corresponding funding resources identified by individual project. Any projects that include projected increases to operating costs for programmed facilities will be notated. A review of all CIP encumbrances will be done annually. Any encumbrance that does not represent a true commitment will be returned to reserves. 3. LONG RANGE CIP: The long-range plan extends for an additional seven years beyond the short range, for a complete plan that includes ten years. The long- range CIP projects must have realistic planned funding tied to the projects. Section 19. Capital Improvement Future Bond Design Funding. To have more accurate cost estimates for CIP General Obligation Bond projects and to lessen the impact from annual inflation, design of a project can be considered in one bond election with the construction to be considered in the subsequent bond election. This requires planning for at least four years in the future. If, however, the project can be designed and constructed in less than two years, then both should be included in one bond election. Section 20. Capital Improvement Annual Close-out. No less than annually, all capital funds will be reconciled by City Staff. 1 . Voter-approved Debt — Capital Improvement Plan funds associated with voter-approved debt shall be brought to City Council when all projects in the Fund are deemed complete for review and recommendation on use of any remaining funds. Funds may be held in the short-term to complete projects or may be assigned to other projects as allowed by bond language. 2. Utility Revenue Debt — Capital Improvement Plan funds associated with utility bond debt shall be brought to City Council in a report comparing budget to actuals when a utility bond issuance is deemed complete. Funds may be held in the short-term to complete projects or may be assigned to other projects as allowed by bond language. Section 21. Expenditures. Within the limitation of public service needs, statutory requirements and contractual commitments expenditures included in the operating budget shall represent the most cost-efficient method to deliver services to the citizens of Corpus Christi. Efforts to- identify the most cost-efficient method of service delivery shall continue during the fiscal year after the operating budget is adopted and may be implemented during the fiscal year as necessary and of benefit to the public. Section 22. Line-Item Budget Review Process. During the preparation of the City's operating budget, City staff shall perform a line-item budget review of departmental budgets. Section 23. Drought Surcharge Exemption Fund. Beginning in Fiscal Year 2018-2019 The Drought Surcharge Exemption Fees collected from large-volume industrial customers pursuant to Ordinance 031533 shall be dedicated for development of a drought-resistant water supply and shall not be used for operation and maintenance costs of any water supply, treatment facility or distribution system. The Drought Surcharge Exemption Fees paid to the City will be accounted for and reserved in a separate Drought Surcharge Exemption Fund and used only for capital costs to develop and/or acquire an additional drought-resistant water supply including but not limited to, payment of debt for an allowable capital project. Section 24. Park Development Fund. Expenditures shall be used for the acquisition of land for a public park and/or construction improvements for a public park including utility extensions required to serve recreational areas. Revenues come from a Park Development Fee in lieu of land dedication and earnings on investments. Revenues are authorized to be appropriated at the beginning of each fiscal year and will be restricted as per current City codes and ordinances and unspent appropriations will carry over from fiscal year to fiscal year. Section 25. Budget Controls. Budgetary compliance is an important tool in managing and controlling governmental activities, as well as ensuring conformance with the City's budgetary limits. Budgetary controls, levels at which expenditures cannot legally exceed appropriated amounts, are established within individual funds. The City utilizes an encumbrance system of accounting as one mechanism to accomplish effective budgetary controls. Encumbrances at year end which represent a true commitment are generally added to the budget. 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